Atwater City Council
October 14, 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
October 14, 2024
REGULAR SESSION: (Council Chambers)
CALL TO ORDER: 6:00 PM
INVOCATION:

PLEDGE OF ALLEGIANCE TO THE FLAG:

ROLL CALL: (City Council)
Ambriz ____, Button ____, Cale ____, Raymond ____, Nelson _____

City Council Agenda for Meeting of October 14, 2024 Page 2 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.) 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.

WARRANTS:

1. October 14, 2024
Staff's Recommendation: Acceptance of reports as listed.

MINUTES: (City Council)

2. September 23, 2024 - Regular meeting
Staff's Recommendation: Approval of minutes as listed.

AGREEMENTS:

3. Approving Amendment No. 4 to the Professional Services Agreement with RSG, Inc. for the preparation of Development Impact Fee annual reports pursuant to the requirements of Assembly Bill 1600 (AB 1600) and the Mitigation Fee Act (Deputy City Manager/Community Development Director Thompson)
Staff's Recommendation:

Adoption of Resolution No. 3492-24, approving Amendment No. 4 to the Professional Services Agreement in a form approved by the City Attorney, with RSG, Inc of Vista, California for the preparation of the Development Impact Fee reporting requirements, in a total contract amount not to exceed $80,530, after the approved contract amendment of $29,820; and authorizes and directs the City Manager, or his designee, to execute the Agreement on behalf of the City.

4. Awarding a Professional Services Agreement to Willdan Financial Services for Comprehensive User Fee Study, Development Impact Fee Study & Full Cost Allocation Plan (Finance Director Nicholas) Staff's Recommendation: Adoption of Resolution No. 3493-24 approving the award of a Professional Services Agreement, in a form approved by the City Attorney, to Willdan Financial Services to conduct and complete a Comprehensive User Fee Study,
Development Impact Fee Study, & Full Cost Allocation Plan in an

City Council Agenda for Meeting of October 14, 2024 Page 3 amount not to exceed $102,625; and authorizes and directs the City Manager, or his designee, to execute said agreement on behalf of the City.

RESOLUTIONS:

5. Acknowledging Receipt of 2024 Annual City of Atwater Fire Inspection SB1205 Compliance Report (CAL FIRE Battalion Chief Ayuso) Staff's Recommendation: Adoption of Resolution No. 3494-24 acknowledging receipt of 2024 annual City of Atwater Fire Inspection Compliance Report as mandated by California Senate Bill 1205.

6. Resolution in Support of Proposition 36: The Homelessness, Drug Addiction, and Theft Reduction Act (City Manager Hoem)
Staff's Recommendation: Adoption of Resolution No. 3495-24 supporting Proposition 36, The Homelessness, Drug Addiction, and Theft Reduction Act.
***END OF CONSENT CALENDAR***
PUBLIC HEARINGS:

7. Resolution Adopting an Initial Study and Mitigated Negative Declaration in Accordance with California Environmental Quality Act (CEQA) for the Project; and Approve Vesting Tentative Subdivision Map No. 22-23-0100 for a Site Located East of Buhach Road and Immediately North and Adjacent to Meadow View Estates No. 1, Atwater, California (APN 005-070-023); and Approve Planned Development Final Development Plan No. 24-25-0100 (Deputy City Manager/Community Development Director Thompson)
Staff's Recommendation: Open the public hearing and receive any testimony given; and
Close the public hearing; and
Motion to adopt Resolution No. 3496-24 adopting an Initial Study and Mitigated Negative Declaration for the Project in accordance with California Environmental Quality Act (CEQA) Guideline Section 15073; and approve Vesting Tentative Subdivision Map No. 22-23-0100, and approve Planned Development Final Development Plan No. 24-25- 0100 for a site located East of Buhach Rd and immediately North and adjacent to Meadow View Estates No. 1, Atwater, California (APN:
005-070-052);
Motion to approve staff's recommendation as presented.

City Council Agenda for Meeting of October 14, 2024 Page 4 COMMENTS FROM THE PUBLIC:

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

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

8. Update from the Office of the City Manager
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 during normal business hours at 1160 Fifth Street, Atwater, California.

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, Atwater, California.

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] .

City Council Agenda for Meeting of October 14, 2024 Page 5 LEVINE ACT PUBLIC PARTY/APPLICANT DISCLOSURE OBLIGATIONS:

Applicants, parties, and their agents who have made campaign contributions totaling more than $250 (aggregated) to a Councilmember over the past 12 months, must publicly disclose that fact for the official record of that agenda item. Disclosures must include the amount of the campaign contribution aggregated, and the name(s) of the campaign contributor(s) and Councilmember(s). The disclosure may be made either in writing to the City Clerk prior to the agenda item consideration, or by verbal disclosure at the time of the agenda item consideration.

The foregoing statements do not constitute legal advice, nor a recitation of all legal requirements and obligations of parties/applicants and their agents. Parties and agents are urged to consult with their own legal counsel regarding the requirements of the law.

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.

OCTOBER 2024
1 8
22 29
15 30
2 9
23 16
7 21
14 28
4 11
25 18
5 12
26 19
6 13
27 20
3 10
24 17
31 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
City Council
Meeting - 6:00 PM
Audit & Finance
Meeting - 4:30 PM
Planning
Commission
Meeting - 6:00
PM
Merced County
District 3 Supervisor
McDaniel Office
Hours - 1:30 PM -
3:30 PM
Atwater National
Night Out -
4:30PM - 6:30PM
(Ralston Park)
2024 Atwater Fall
Clean Up Event
2877 Atwater Blvd,
Atwater CA
7:00 AM - 12:00 PM
Economic
Development
Summit -
10:00 AM - 12:00 PM
(Atwater Community
Center)
Movies in the Park
Trolls Band
Together
(Veterans Park)

NOVEMBER 2024
4 18
11 25
3 10
24 17

S U N M O N T U E W E D T H U F R I S A T
5 19
26 12
27 6
20 13
1 8
22 15
2 9
23 16
7 21
14 28 29 30
City Holiday City Holiday
Trash pick up
delayed - 1 day
Planning
Commission
Meeting - 6:00
PM
Daylight Saving
Time Ends
Office of Asm.

Esmeralda Soria -
Mobile Office Hours
2-4 PM
City Council
Chambers
City Council
City Holiday Meeting - 6:00 PM
Trash pick up
delayed - 1 day

Warrant Summary October 14, 2024
Prepared By: Joseph Murillo, Accounting Technician
Accounts Payable Warrant
Amount
10/14/2024 Warrant $ 2,796,046.55
Prewrittens (Checks Processed Between Warrants) $ 8,440.12 Total Accounts Payable Warrants: $ 2,804,486.67
Additional Warrants
Date Description Amount
9/24/2024 AFLAC $ 391.29
9/24/2024 AFSCME District Council 57 $ 1,029.00
9/24/2024 Atwater Police Officers Association $ 3,265.19 9/24/2024 EPARS Employee 457 Plan (PNC Bank) $ 3,613.00 9/24/2024 PERS Retirement 8/29/24 - 9/11/24 $ 63,025.18 9/24/2024 State Disbursement - Child Support $ 115.38
9/24/2024 UNUM Voluntary Life Insurance October 2024 Premiums $ 214.03 9/27/2024 Retiree Medical Reimbursement - October 2024 $ 43,543.17 10/4/2024 AFSCME District Council 57 $ 1,029.00
10/4/2024 Atwater Police Officers Association $ 3,265.19 10/4/2024 EPARS Employee 457 Plan (PNC Bank) $ 3,563.00 10/4/2024 PERS Health - October 2024 $ 121,179.93
10/4/2024 PERS Retirement 9/12/24 - 9/25/24 $ 63,673.20 10/4/2024 State Disbursement - Child Support $ 115.38
Total Additional Warrants: $ 308,021.94
Payroll
Date Description Amount
9/19/2024 Net Payroll $ 201,809.78
9/24/2024 Federal Taxes $ 68,272.59
9/24/2024 State Taxes $ 8,751.70
9/25/2024 Net Payroll $ 513.91
9/25/2024 Federal Taxes $ 247.97
10/3/2024 Net Payroll $ 205,137.80
10/4/2024 Federal Taxes $ 68,728.14
10/4/2024 State Taxes $ 8,809.39
Total Payroll: $ 562,271.28
Grand Total: $ 3,674,779.89
Anna Nicholas, Finance Director Mark Borba, City Treasurer

Accounts Payable
Checks for Approval
User:

Printed:
jmurillo
10/10/2024- 2:41 PM
nr"t m° Pride City Wide
750 Bellevue Road, Abwaber CA 95301
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 0 09/24/2024 General Fund Federal Income Tax Withheld PAYROLL TAXES-FEDERAL 23,231.79 0 09/24/2024 General Fund Fica/Medicare - Employee PAYROLL TAXES-FEDERAL 4,268.61 0 09/24/2024 General Fund Fica/Medicare - Employee PAYROLL TAXES-FEDERAL 18,251.79 0 09/24/2024 General Fund Fica/Medicare-Employer PAYROLL TAXES-FEDERAL 4,268.61 0 09/24/2024 General Fund Fica/Medicare-Employer PAYROLL TAXES-FEDERAL 18,251.79 0 09/24/2024 General Fund Pers Deduction PERS-RETIREMENT 3,036.00 0 09/24/2024 General Fund Pers Deduction PERS-RETIREMENT 9,071.15 0 09/24/2024 General Fund Pers Benefits PERS-RETIREMENT 18,373.63 0 09/24/2024 General Fund Pers Benefits PERS-RETIREMENT 10,107.71 0 09/24/2024 General Fund Pers Benefits PERS-RETIREMENT 786.58 0 09/24/2024 General Fund Pers Benefits PERS-RETIREMENT 9,953.61 0 09/24/2024 General Fund Pers Benefits PERS-RETIREMENT 1,140.54 0 09/24/2024 General Fund Pers Benefits PERS-RETIREMENT 2,892.67 0 09/24/2024 General Fund Pers Benefits PERS-RETIREMENT 6,640.30 0 09/24/2024 General Fund Deferred Compensation PNC BANK 2,913.00 0 09/24/2024 General Fund Deferred Compensation PNC BANK 700.00 0 09/24/2024 General Fund Police Union Dues ATWATER POLICE OFFICERS ASSN. 3,265.19 0 09/24/2024 General Fund Miscellaneous Union Dues AFSCME DISTRICT COUNCIL 57 1,029.00 0 09/24/2024 General Fund Afiac Premiums AFLAC PLANS 98.89 0 09/24/2024 General Fund Afiac Premiums AFLAC PLANS 195.65 0 09/24/2024 General Fund Afiac Premiums AFLAC PLANS 96.75 0 09/24/2024 General Fund State Income Tax Withheld PAYROLL TAXES-STATE 8,751.70 0 09/24/2024 General Fund Pers Deduction PERS-RETIREMENT 1,022.99 0 09/24/2024 General Fund Life Insurance Payable UNUM LIFE INSURANCE 10.02 0 09/24/2024 General Fund Life Insurance Payable UNUM LIFE INSURANCE 107.02 0 09/24/2024 General Fund Life Insurance Payable UNUM LIFE INSURANCE 96.99 0 09/24/2024 General Fund Garnishments STATE DISBURSEMENT UNIT 115.38 Check Total: 148,677.36
0 09/25/2024 General Fund Fica/Medicare - Employee PAYROLL TAXES-FEDERAL 34.50 0 09/25/2024 General Fund Fica/Medicare - Employee PAYROLL TAXES-FEDERAL 8.07 0 09/25/2024 General Fund Fica/Medicare-Employer PAYROLL TAXES-FEDERAL 30.86 0 09/25/2024 General Fund Fica/Medicare-Employer PAYROLL TAXES-FEDERAL 131.97 AP-Checks for Approval (10/10/2024 - 2:41 PM) Page 1

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 0 09/25/2024 General Fund Fica/Medicare-Employer PAYROLL TAXES-FEDERAL 8.07 0 09/25/2024 General Fund Fica/Medicare-Employer PAYROLL TAXES-FEDERAL 34.50 Check Total: 247.97
0 09/30/2024 Employee Benefits Fund Life Insurance UNUM LIFE INSURANCE 1,869.30 0 09/30/2024 Employee Benefits Fund Disability Insurance UNUM LIFE INSURANCE 3,524.89 0 09/30/2024 Employee Benefits Fund Disability Insurance UNUM LIFE INSURANCE 954.95 0 09/30/2024 Employee Benefits Fund Life Insurance UNUM LIFE INSURANCE 337.80 0 09/30/2024 Employee Benefits Fund Disability Insurance UNUM LIFE INSURANCE 265.90 0 09/30/2024 Employee Benefits Fund Disability Insurance UNUM LIFE INSURANCE 585.76 0 09/30/2024 Employee Benefits Fund Life Insurance UNUM LIFE INSURANCE 1,883.40 0 09/30/2024 Employee Benefits Fund Disability Insurance UNUM LIFE INSURANCE 954.95 0 09/30/2024 Employee Benefits Fund Disability Insurance UNUM LIFE INSURANCE 3,552.26 Check Total: 13,929.21
0 09/27/2024 Employee Benefits Fund Health Insurance, Retirees BILL SWALLEY 150.55 0 09/27/2024 Employee Benefits Fund Health Insurance, Retirees BENJAMIN THOMAS 1,357.10 0 09/27/2024 Employee Benefits Fund Health Insurance, Retirees CYNTHIA THOMPSON 246.34 0 09/27/2024 Employee Benefits Fund Health Insurance, Retirees EDWARD VELASQUEZ 150.55 0 09/27/2024 Employee Benefits Fund Health Insurance, Retirees DOUGLAS P. TILLEY 246.34 0 09/27/2024 Employee Benefits Fund Health Insurance, Retirees ROBERT VASQUEZ 208.94 0 09/27/2024 Employee Benefits Fund Health Insurance, Retirees DAVID WALKER 609.06 0 09/27/2024 Employee Benefits Fund Health Insurance, Retirees CHARLIE WOODS 587.67 0 09/27/2024 Employee Benefits Fund Health Insurance, Retirees ELIZABETH WILDE 867.97 0 09/27/2024 Employee Benefits Fund Health Insurance, Retirees EARL WEATHERS 587.67 0 09/27/2024 Employee Benefits Fund Health Insurance, Retirees LORI WATERMAN 666.34 0 09/27/2024 Employee Benefits Fund Health Insurance, Retirees GREG WELLMAN 609.67 0 09/27/2024 Employee Benefits Fund Health Insurance, Retirees NANCY WILLIAMS 246.34 0 09/27/2024 Employee Benefits Fund Health Insurance, Retirees DICK WISDOM 150.55 0 09/27/2024 Employee Benefits Fund Health Insurance, Retirees JERRY MOORE 577.67 0 09/27/2024 Employee Benefits Fund Health Insurance, Retirees MARGARET MERRITT 150.55 0 09/27/2024 Employee Benefits Fund Health Insurance, Retirees JOSEPH HOFFAR 458.10 0 09/27/2024 Employee Benefits Fund Health Insurance, Retirees GEORGE LOGAN 246.34 0 09/27/2024 Employee Benefits Fund Health Insurance, Retirees ROBERT CALLAWAY 577.67 0 09/27/2024 Employee Benefits Fund Health Insurance, Retirees SANDY RAHN 762.27 0 09/27/2024 Employee Benefits Fund Health Insurance, Retirees DENNIS O. SPARKS 246.34 0 09/27/2024 Employee Benefits Fund Health Insurance, Retirees GLEN C. CARRINGTON 150.55 0 09/27/2024 Employee Benefits Fund Health Insurance, Retirees KELLY SORENSEN 1,278.51 0 09/27/2024 Employee Benefits Fund Health Insurance, Retirees JEFF MONDLOCH 184.34 0 09/27/2024 Employee Benefits Fund Health Insurance, Retirees PATRICK FARETTA 936.40 0 09/27/2024 Employee Benefits Fund Health Insurance, Retirees RENE MENDOZA 577.67 0 09/27/2024 Employee Benefits Fund Health Insurance, Retirees JESUS F. DURAN 1,579.79 0 09/27/2024 Employee Benefits Fund Health Insurance, Retirees STEPHEN LUNDGREN 208.25 AP-Checks for Approval (10/10/2024 - 2:41 PM) Page 2

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 0 09/27/2024 Employee Benefits Fund Health Insurance, Retirees HARRY E. DUNN 587.67 0 09/27/2024 Employee Benefits Fund Health Insurance, Retirees MICHAEL KEELER 150.55 0 09/27/2024 Employee Benefits Fund Health Insurance, Retirees JUAN SUFUENTES 1,650.12 0 09/27/2024 Employee Benefits Fund Health Insurance, Retirees TYNA LAMISON 695.15 0 09/27/2024 Employee Benefits Fund Health Insurance, Retirees MIKE STANFORD 855.06 0 09/27/2024 Employee Benefits Fund Health Insurance, Retirees SCOTT DUNCAN 1,386.49 0 09/27/2024 Employee Benefits Fund Health Insurance, Retirees ANTHONY CARDOZA 812.16 0 09/27/2024 Employee Benefits Fund Health Insurance, Retirees CHRISTOPHER A. MCDANIEL 246.34 0 09/27/2024 Employee Benefits Fund Health Insurance, Retirees LINDA FERRERO 246.34 0 09/27/2024 Employee Benefits Fund Health Insurance, Retirees FRANK PIETRO 510.45 0 09/27/2024 Employee Benefits Fund Health Insurance, Retirees NELSON CRABB 601.67 0 09/27/2024 Employee Benefits Fund Health Insurance, Retirees WILLIAM RICHARDS 196.41 0 09/27/2024 Employee Benefits Fund Health Insurance, Retirees FRANK ORMOND 150.55 0 09/27/2024 Employee Benefits Fund Health Insurance, Retirees JAMES ATKINSON 150.55 0 09/27/2024 Employee Benefits Fund Health Insurance, Retirees ALLAN BOYER 649.67 0 09/27/2024 Employee Benefits Fund Health Insurance, Retirees MANUEL DURAN 85.37 0 09/27/2024 Employee Benefits Fund Health Insurance, Retirees RANDALL CARROTHERS 1,429.18 0 09/27/2024 Employee Benefits Fund Health Insurance, Retirees DAVID CHURCH 573.49 0 09/27/2024 Employee Benefits Fund Health Insurance, Retirees ADOLFO LOMELI 1,447.97 0 09/27/2024 Employee Benefits Fund Health Insurance, Retirees KIM BENGSTON-JENNINGS 523.12 0 09/27/2024 Employee Benefits Fund Health Insurance, Retirees JOHN RASMUSSEN 587.67 0 09/27/2024 Employee Benefits Fund Health Insurance, Retirees LEN GUILLETTE 1,054.58 0 09/27/2024 Employee Benefits Fund Health Insurance, Retirees ROBERTO ROMERO 472.62 0 09/27/2024 Employee Benefits Fund Health Insurance, Retirees JOHN SMOTHERS 740.16 0 09/27/2024 Employee Benefits Fund Health Insurance, Retirees CHRISTIAN HAMBRECHT 666.34 0 09/27/2024 Employee Benefits Fund Health Insurance, Retirees WILLIAM MARTIN 867.97 0 09/27/2024 Employee Benefits Fund Health Insurance, Retirees TONY RAMIREZ 867.97 0 09/27/2024 Employee Benefits Fund Health Insurance, Retirees STANLEY FEATHERS 587.67 0 09/27/2024 Employee Benefits Fund Health Insurance, Retirees LOIS BELT 246.34 0 09/27/2024 Employee Benefits Fund Health Insurance, Retirees STEVE KJOS 587.67 0 09/27/2024 Employee Benefits Fund Health Insurance, Retirees THOMAS PROTHRO 150.55 0 09/27/2024 Employee Benefits Fund Health Insurance, Retirees RICHARD HAWTHORNE 577.67 0 09/27/2024 Employee Benefits Fund Health Insurance, Retirees BARBARA RIIS CHRISTENSEN 577.67 0 09/27/2024 Employee Benefits Fund Health Insurance, Retirees ARMANDO ECHEVARRIA 867.97 0 09/27/2024 Employee Benefits Fund Health Insurance, Retirees GARY FRAGO 410.10 0 09/27/2024 Employee Benefits Fund Health Insurance, Retirees LORIN MANN 643.16 0 09/27/2024 Employee Benefits Fund Health Insurance, Retirees BOBBY GREGORY 2,507.94 0 09/27/2024 Employee Benefits Fund Health Insurance, Retirees DEBRA COURT 196.41 0 09/27/2024 Employee Benefits Fund Health Insurance, Retirees DARIN JANTZ 1,456.33 0 09/27/2024 Employee Benefits Fund Health Insurance, Retirees KEN JENSEN 355.41 0 09/27/2024 Employee Benefits Fund Health Insurance, Retirees SAMUEL JOSEPH 1,553.12 Check Total: 43,543.17
AP-Checks for Approval (10/10/2024 - 2:41 PM) Page 3

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 0 10/04/2024 General Fund Federal Income Tax Withheld PAYROLL TAXES-FEDERAL 23,141.76 0 10/04/2024 General Fund Fica/Medicare - Employee PAYROLL TAXES-FEDERAL 4,320.30 0 10/04/2024 General Fund Fica/Medicare-Employer PAYROLL TAXES-FEDERAL 18,472.89 0 10/04/2024 General Fund Deferred Compensation PNC BANK 2,913.00 0 10/04/2024 General Fund Deferred Compensation PNC BANK 650.00 0 10/04/2024 General Fund Police Union Dues ATWATER POLICE OFFICERS ASSN. 3,265.19 0 10/04/2024 General Fund Miscellaneous Union Dues AFSCME DISTRICT COUNCIL 57 1,029.00 0 10/04/2024 General Fund Fica/Medicare - Employee PAYROLL TAXES-FEDERAL 18,472.89 0 10/04/2024 General Fund Fica/Medicare-Employer PAYROLL TAXES-FEDERAL 4,320.30 0 10/04/2024 General Fund State Income Tax Withheld PAYROLL TAXES-STATE 8,809.39 0 10/04/2024 General Fund Pers Deduction PERS-RETIREMENT 1,025.87 0 10/04/2024 General Fund Pers Deduction PERS-RETIREMENT 3,044.64 0 10/04/2024 General Fund Pers Deduction PERS-RETIREMENT 9,058.38 0 10/04/2024 General Fund Pers Benefits PERS-RETIREMENT 18,384.51 0 10/04/2024 General Fund Pers Benefits PERS-RETIREMENT 2,904.53 0 10/04/2024 General Fund Pers Benefits PERS-RETIREMENT 6,667.04 0 10/04/2024 General Fund Pers Benefits PERS-RETIREMENT 786.58 0 10/04/2024 General Fund Pers Benefits PERS-RETIREMENT 1,140.54 0 10/04/2024 General Fund Pers Benefits PERS-RETIREMENT 10,409.92 0 10/04/2024 General Fund Pers Benefits PERS-RETIREMENT 10,251.19 0 10/04/2024 General Fund Garnishments STATE DISBURSEMENT UNIT 115.38 Check Total: 149,183.30
0 10/04/2024 General Fund Miscellaneous Bills PERS-HEALTH 3.97 0 10/04/2024 General Fund Pers Health Payable PERS-HEALTH 108,105.36 0 10/04/2024 Employee Benefits Fund General Administration-Ins PERS-HEALTH 259.45 0 10/04/2024 Employee Benefits Fund Health Insurance, Retirees PERS-HEALTH 10,990.00 0 10/04/2024 Employee Benefits Fund Health Insurance, Retirees PERS-HEALTH 1,655.99 0 10/04/2024 Employee Benefits Fund Health Insurance, Retirees PERS-HEALTH 165.16 Check Total: 121,179.93
AP-Checks for Approval (10/10/2024 - 2:41 PM) Page 4

Accounts Payable
Checks for Approval
User:

Printed:
jmurillo
10/10/2024 - 2:33 PM T Q lloltovue Roo, Alwole CA $ (1
A
City qf twater
C'x rinmrrrl f° $'r-id t it , Lt , et
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 26305 09/24/2024 General Fund Garnishments FRANCHISE TAX BOARD 496.73 Check Total: 496.73
26306 09/26/2024 ARPA-American Rescue Plan Act Osborn Park Renovation FIRST AMERICAN TITLE COMPANY 864.85 Check Total: 864.85
26307 09/26/2024 Gas Tax/Street Improvement Special Departmental Expense SIERRA MATERIALS & TRUCKING COMPANY 561.26 Check Total: 561.26
26308 10/04/2024 General Fund Garnishments FRANCHISE TAX BOARD 397.14 Check Total: 397.14
26309 10/04/2024 Sewer Enterprise Fund Accounts Payable STATE WATER RESOURCES CONTROL BOARD 3,286.14 Check Total: 3,286.14
26310 10/04/2024 Water Enterprise Fund Accounts Payable STATE WATER RESOURCES CONTROL BOARD 2,834.00 Check Total: 2,834.00
Report Total: 8,440.12
AP-Checks for Approval (10/10/2024 - 2:33 PM) Page 1

Accounts Payable
Checks for Approval
User:

Printed:
jmurillo
10/10/2024 - 2:35 PM
; of Atwater
CCFlnmtl':rty I'rirk t °i U i lc'
7Ev BDlk~vtte Pood / ate CA $63Q1
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 0 10/14/2024 Water Enterprise Fund Electronic Pmt Processing Exp VANCO PAYMENT SOLUTIONS 35.26 0 10/14/2024 Sewer Enterprise Fund Electronic Pmt Processing Exp VANCO PAYMENT SOLUTIONS 35.26 0 10/14/2024 Sanitation Enterprise Fund Electronic Pmt Processing Exp VANCO PAYMENT SOLUTIONS 35.26 0 10/14/2024 General Fund Office Supplies QUADIENT FINANCE USA INC 1,000.00 0 10/14/2024 General Fund Electronic Pmt Processing Exp CHASE MERCHANT SERVICES 1,506.03 0 10/14/2024 General Fund Electronic Pmt Processing Exp CHASE MERCHANT SERVICES 94.53 0 10/14/2024 General Fund Electronic Pmt Processing Exp CHASE MERCHANT SERVICES 26.14 0 10/14/2024 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 59,583.33 0 10/14/2024 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 182,653.10 0 10/14/2024 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 92,916.67 0 10/14/2024 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 35,530.73 0 10/14/2024 Internal Service Fund Operations & Maintenance CHEVRON USA INC. 76.38 0 10/14/2024 Internal Service Fund Operations & Maintenance CHEVRON USA INC. 75.02 0 10/14/2024 Water Enterprise Fund Electronic Pmt Processing Exp SPRINGBROOK-GROUP 530.81 0 10/14/2024 Sewer Enterprise Fund Electronic Pmt Processing Exp SPRINGBROOK-GROUP 530.80 0 10/14/2024 Sanitation Enterprise Fund Electronic Pmt Processing Exp SPRINGBROOK-GROUP 530.80 0 10/14/2024 Risk Management Fund Workers Compensation CENTRAL SAN JOAQUIN VALLEY RMA 166,338.00 0 10/14/2024 Risk Management Fund Liability & Property Ins CENTRAL SAN JOAQUIN VALLEY RMA 135,689.00 Check Total: 677,187.12
26311 10/14/2024 Water Enterprise Fund Accounts Payable A CREATIONS AND BOUTIQUE 51.54 26311 10/14/2024 Sewer Enterprise Fund Accounts Payable A CREATIONS AND BOUTIQUE 69.61 Check Total: 121.15
26312 10/14/2024 RDVLPMNT Obligation Retirement Professional Services A.M. PECHE & ASSOC. LLC 450.00 26312 10/14/2024 Sewer Enterprise Fund Professional Services A.M. PECHE & ASSOC. LLC 550.00 Check Total: 1,000.00
26313 10/14/2024 General Fund Office Supplies AAA BUSINESS SUPPLIES & INTERIORS 67.41 26313 10/14/2024 General Fund Office Supplies AAA BUSINESS SUPPLIES & INTERIORS 130.39 26313 10/14/2024 General Fund Office Supplies AAA BUSINESS SUPPLIES & INTERIORS 65.20 26313 10/14/2024 General Fund Office Supplies AAA BUSINESS SUPPLIES & INTERIORS 65.20 26313 10/14/2024 General Fund Office Supplies AAA BUSINESS SUPPLIES & INTERIORS 65.20 AP-Checks for Approval (10/10/2024 - 2:35 PM) Page 1

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 393.40
26314 10/14/2024 Water Enterprise Fund Professional Services ABS DIRECT INC 721.66 26314 10/14/2024 Sewer Enterprise Fund Professional Services ABS DIRECT INC 721.66 26314 10/14/2024 Sanitation Enterprise Fund Professional Services ABS DIRECT INC 721.66 26314 10/14/2024 Water Enterprise Fund Office Supplies ABS DIRECT INC 1,900.00 26314 10/14/2024 Sewer Enterprise Fund Office Supplies ABS DIRECT INC 1,900.00 26314 10/14/2024 Sanitation Enterprise Fund Office Supplies ABS DIRECT INC 1,900.00 Check Total: 7,864.98
26315 10/14/2024 General Fund Special Departmental Expense AIRGAS USA, LLC 118.01 Check Total: 118.01
26316 10/14/2024 Sewer Enterprise Fund Special Departmental Expense ALL-PHASE ELECTRIC 77.68 Check Total: 77.68
26317 10/14/2024 Public Safety Trans & Use Tax Machinery & Equipment ALLSTAR FIRE EQUIPMENT INC 2,887.38 Check Total: 2,887.38
26318 10/14/2024 General Fund Professional Services ALLWAYS TOWING LLC 420.00 26318 10/14/2024 Internal Service Fund Professional Services ALLWAYS TOWING LLC 450.00 26318 10/14/2024 General Fund Professional Services ALLWAYS TOWING LLC 840.00 Check Total: 1,710.00
26319 10/14/2024 Gas Tax/Street Improvement Special Departmental Expense AMAZON CAPITAL SERVICES -32.61 26319 10/14/2024 General Fund Office Supplies AMAZON CAPITAL SERVICES 11.91 26319 10/14/2024 General Fund Office Supplies AMAZON CAPITAL SERVICES 40.39 26319 10/14/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 102.47 26319 10/14/2024 General Fund Fire Marshal Supplies AMAZON CAPITAL SERVICES 12.93 26319 10/14/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 130.49 26319 10/14/2024 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 57.17 26319 10/14/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 75.03 26319 10/14/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 93.50 26319 10/14/2024 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 1,447.28 26319 10/14/2024 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 91.90 26319 10/14/2024 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 6.24 26319 10/14/2024 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 106.26 26319 10/14/2024 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 1,589.40 26319 10/14/2024 Water Enterprise Fund Special Departmental Expense AMAZON CAPITAL SERVICES 110.33 26319 10/14/2024 Water Enterprise Fund Special Departmental Expense AMAZON CAPITAL SERVICES 110.33 26319 10/14/2024 General Fund Office Supplies AMAZON CAPITAL SERVICES 60.88 26319 10/14/2024 General Fund Office Supplies AMAZON CAPITAL SERVICES 7.44 AP-Checks for Approval (10/10/2024 - 2:35 PM) Page 2

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 26319 10/14/2024 General Fund Office Supplies AMAZON CAPITAL SERVICES 108.72 26319 10/14/2024 General Fund Office Supplies AMAZON CAPITAL SERVICES 16.29 26319 10/14/2024 General Fund Office Supplies AMAZON CAPITAL SERVICES 21.74 26319 10/14/2024 General Fund Office Supplies AMAZON CAPITAL SERVICES 9.77 26319 10/14/2024 General Fund Office Supplies AMAZON CAPITAL SERVICES 17.39 26319 10/14/2024 General Fund Office Supplies AMAZON CAPITAL SERVICES 141.10 26319 10/14/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 34.01 26319 10/14/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 28.36 26319 10/14/2024 General Fund Uniform & Clothing Expense AMAZON CAPITAL SERVICES 14.13 26319 10/14/2024 General Fund Office Supplies AMAZON CAPITAL SERVICES 9.53 26319 10/14/2024 General Fund Office Supplies AMAZON CAPITAL SERVICES 29.60 26319 10/14/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 111.78 26319 10/14/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 55.14 26319 10/14/2024 General Fund Office Supplies AMAZON CAPITAL SERVICES 26.08 26319 10/14/2024 General Fund Office Supplies AMAZON CAPITAL SERVICES 18.28 26319 10/14/2024 General Fund Office Supplies AMAZON CAPITAL SERVICES 27.82 26319 10/14/2024 General Fund Office Supplies AMAZON CAPITAL SERVICES 43.82 26319 10/14/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 73.24 26319 10/14/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 213.02 26319 10/14/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 43.49 26319 10/14/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 117.25 26319 10/14/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 45.04 26319 10/14/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 41.98 26319 10/14/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 43.82 26319 10/14/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 39.26 26319 10/14/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 27.10 26319 10/14/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 308.84 26319 10/14/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 77.20 26319 10/14/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 26.86 26319 10/14/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 8.22 26319 10/14/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 4.33 26319 10/14/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 73.24 26319 10/14/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 107.62 26319 10/14/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 68.30 26319 10/14/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 247.29 26319 10/14/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 45.54 26319 10/14/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 122.46 26319 10/14/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 52.48 26319 10/14/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 134.21 26319 10/14/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 33.80 26319 10/14/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 144.05 26319 10/14/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 138.39 26319 10/14/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 59.50 26319 10/14/2024 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 44.53 AP-Checks for Approval (10/10/2024 - 2:35 PM) Page 3

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 26319 10/14/2024 General Fund Fire Marshal Supplies AMAZON CAPITAL SERVICES 6.51 26319 10/14/2024 General Fund Fire Marshal Supplies AMAZON CAPITAL SERVICES 58.69 26319 10/14/2024 General Fund Office Supplies AMAZON CAPITAL SERVICES 29.34 26319 10/14/2024 General Fund Youth Flag Football AMAZON CAPITAL SERVICES 66.69 26319 10/14/2024 General Fund Coed Volleyball AMAZON CAPITAL SERVICES 21.72 26319 10/14/2024 Gas Tax/Street Improvement Special Departmental Expense AMAZON CAPITAL SERVICES 409.35 26319 10/14/2024 Water Enterprise Fund Special Departmental Expense AMAZON CAPITAL SERVICES 6.07 26319 10/14/2024 Water Enterprise Fund Special Departmental Expense AMAZON CAPITAL SERVICES 61.49 26319 10/14/2024 Water Enterprise Fund Special Departmental Expense AMAZON CAPITAL SERVICES 110.33 26319 10/14/2024 Internal Service Fund Special Departmental Expense AMAZON CAPITAL SERVICES 16.28 26319 10/14/2024 Internal Service Fund Special Departmental Expense AMAZON CAPITAL SERVICES 190.19 26319 10/14/2024 Internal Service Fund Special Departmental Expense AMAZON CAPITAL SERVICES 81.51 26319 10/14/2024 Internal Service Fund Operations & Maintenance AMAZON CAPITAL SERVICES 293.28 26319 10/14/2024 Gas Tax/Street Improvement Special Departmental Expense AMAZON CAPITAL SERVICES -32.61 Check Total: 8,394.80
26320 10/14/2024 Water Fund Capital Replacement Installation-New Water Meters AQUA METRIC 2,302.59 26320 10/14/2024 Water Fund Capital Replacement Installation-New Water Meters AQUA METRIC 14,000.00 Check Total: 16,302.59
26321 10/14/2024 General Fund SB 1473 ARMS AIR CONDITIONING & HEATING 1.00 26321 10/14/2024 General Fund Building Permits ARMS AIR CONDITIONING & HEATING 102.00 Check Total: 103.00
26322 10/14/2024 Internal Service Fund Special Departmental Expense ASSOCIATES LOCK & SAFE SERVICE 44.92 Check Total: 44.92
26323 10/14/2024 Public Safety Trans & Use Tax Rents & Leases AXON ENTERPRISE, INC. 17,272.75 26323 10/14/2024 General Fund Rents & Leases AXON ENTERPRISE, INC. 105,122.76 Check Total: 122,395.51
26324 10/14/2024 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 3,476.71 26324 10/14/2024 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 3,929.23 26324 10/14/2024 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 3,407.29 26324 10/14/2024 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 443.52 26324 10/14/2024 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 1,861.49 26324 10/14/2024 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 2,810.27 26324 10/14/2024 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 1,043.95 26324 10/14/2024 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 1,118.11 26324 10/14/2024 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 1,241.35 26324 10/14/2024 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 2,089.29 AP-Checks for Approval (10/10/2024 - 2:35 PM) Page 4

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 21,421.21
26325 10/14/2024 General Fund Professional Services BEST BEST & KRIEGER 25,677.97 26325 10/14/2024 General Fund Professional Services BEST BEST & KRIEGER 1,312.40 26325 10/14/2024 Risk Management Fund Professional Services BEST BEST & KRIEGER 652.40 Check Total: 27,642.77
26326 10/14/2024 General Fund SB 1473 BETTER EARTH ELECTRIC INC 1.00 26326 10/14/2024 General Fund SB 1186 Fees-Business License BETTER EARTH ELECTRIC INC 0.77 26326 10/14/2024 General Fund Building Permits BETTER EARTH ELECTRIC INC 246.00 Check Total: 247.77
26327 10/14/2024 Sewer Enterprise Fund Professional Services BLACK WATER CONSULTING ENGINEERING, 17,231.50 Check Total: 17,231.50
26328 10/14/2024 Gas Tax/Street Improvement Uniform & Clothing Expense BOOT BARN -21.75 26328 10/14/2024 Gas Tax/Street Improvement Uniform & Clothing Expense BOOT BARN 173.99 26328 10/14/2024 Sewer Enterprise Fund Uniform & Clothing Expense BOOT BARN 200.00 26328 10/14/2024 General Fund Uniform & Clothing Expense BOOT BARN 200.00 Check Total: 552.24
26329 10/14/2024 Internal Service Fund Special Departmental Expense BRADY INDUSTRIES 679.05 Check Total: 679.05
26330 10/14/2024 General Fund Building Permits BRIGHT IDEAS CONSTRUCTION 73.00 26330 10/14/2024 General Fund Building Permits BRIGHT IDEAS CONSTRUCTION 73.00 Check Total: 146.00
26331 10/14/2024 SB 1-Road Maint & Rehab RMRA Fruitland Ave Rd Improvements BSK ASSOCIATES 4,319.00 26331 10/14/2024 Water Enterprise Fund Professional Services BSK ASSOCIATES 213.04 26331 10/14/2024 Water Enterprise Fund Professional Services BSK ASSOCIATES 213.04 26331 10/14/2024 Water Enterprise Fund Professional Services BSK ASSOCIATES 79.89 26331 10/14/2024 Water Enterprise Fund Professional Services BSK ASSOCIATES 79.89 26331 10/14/2024 Water Enterprise Fund Professional Services BSKASSOCIATES 213.04 26331 10/14/2024 Water Enterprise Fund Professional Services BSK ASSOCIATES 133.15 26331 10/14/2024 Water Enterprise Fund Professional Services BSK ASSOCIATES 213.92 26331 10/14/2024 1,2,3-TCP Fund Professional Services BSK ASSOCIATES 999.40 26331 10/14/2024 1,2,3-TCP Fund Professional Services BSK ASSOCIATES 999.40 26331 10/14/2024 Water Enterprise Fund Professional Services BSK ASSOCIATES 79.89 26331 10/14/2024 Water Enterprise Fund Professional Services BSK ASSOCIATES 213.04 26331 10/14/2024 Water Enterprise Fund Special Departmental Expense BSK ASSOCIATES 101.44 AP-Checks for Approval (10/10/2024 - 2:35 PM) Page 5
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Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 7,858.14
26332 10/14/2024 Sewer Enterprise Fund Special Departmental Expense CAL FARM SERVICES 37.70 26332 10/14/2024 General Fund Special Departmental Expense CAL FARM SERVICES 2.16 26332 10/14/2024 General Fund Professional Services CAL FARM SERVICES 40.00 26332 10/14/2024 General Fund Special Departmental Expense CAL FARM SERVICES 279.18 26332 10/14/2024 General Fund Professional Services CAL FARM SERVICES 100.00 26332 10/14/2024 Gas Tax/Street Improvement Special Departmental Expense CAL FARM SERVICES 88.99 26332 10/14/2024 General Fund Special Departmental Expense CAL FARM SERVICES 100.83 26332 10/14/2024 Public Safety Trans & Use Tax Machinery & Equipment CAL FARM SERVICES 1,670.12 26332 10/14/2024 General Fund Special Departmental Expense CAL FARM SERVICES 121.96 26332 10/14/2024 Gas Tax/Street Improvement Small Tools CAL FARM SERVICES 312.46 Check Total: 2,753.40
26333 10/14/2024 General Fund Training CALIFORNIA BUILDING OFFICIALS 85.00 26333 10/14/2024 General Fund Training CALIFORNIA BUILDING OFFICIALS 1,095.00 Check Total: 1,180.00
26334 10/14/2024 General Fund SB 1473 CALIFORNIA BUILDING STANDARDS COMMI 280.00 26334 10/14/2024 General Fund Building Permits CALIFORNIA BUILDING STANDARDS COMMI -28.00 26334 10/14/2024 General Fund SB 1473 CALIFORNIA BUILDING STANDARDS COMMI 208.00 26334 10/14/2024 General Fund Building Permits CALIFORNIA BUILDING STANDARDS COMMI -20.80 26334 10/14/2024 General Fund SB 1473 CALIFORNIA BUILDING STANDARDS COMMI 316.00 26334 10/14/2024 General Fund Building Permits CALIFORNIA BUILDING STANDARDS COMMI -31.60 26334 10/14/2024 General Fund SB 1473 CALIFORNIA BUILDING STANDARDS COMMI 256.00 26334 10/14/2024 General Fund Building Permits CALIFORNIA BUILDING STANDARDS COMMI -25.60 Check Total: 954.00
26335 10/14/2024 Water Enterprise Fund Special Departmental Expense CALIFORNIA INDUSTRIAL RUBBER COMPAN 75.21 Check Total: 75.21
26336 10/14/2024 Sanitation Enterprise Fund Accounts Payable DAVID CAMPBELL 32.11 Check Total: 32.11
26337 10/14/2024 Internal Service Fund Operations & Maintenance CARQUEST 401.22 26337 10/14/2024 Internal Service Fund Operations & Maintenance CARQUEST 100.01 Check Total: 501.23
26338 10/14/2024 Water Enterprise Fund Accounts Payable RENATO CARRASCO 32.32 Check Total: 32.32
26339 10/14/2024 Sewer Enterprise Fund Machinery & Equipment CASCADE INTEGRATION AND DEVELOPMEN 3,258.34 AP-Checks for Approval (10/10/2024 - 2:35 PM) Page 6
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Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 3,258.34
26340 10/14/2024 Measure V Fund Fruitland Ave Rd Improvements CCME INC 27,184.19 26340 10/14/2024 Measure V Fund Fruitland Ave Rd Improvements CCME INC 31,147.18 Check Total: 58,331.37
26341 10/14/2024 General Fund Professional Services CENTRAL VALLEY FORENSIC NURSING SPEC 1,000.00 Check Total: 1,000.00
26342 10/14/2024 Internal Service Fund Special Departmental Expense CINTAS CORP 29.35 26342 10/14/2024 Internal Service Fund Uniform & Clothing Expense CINTAS CORP 18.93 26342 10/14/2024 Internal Service Fund Uniform & Clothing Expense CINTAS CORP 14.04 26342 10/14/2024 General Fund Uniform & Clothing Expense CINTAS CORP 38.38 26342 10/14/2024 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS CORP 33.59 26342 10/14/2024 Sewer Enterprise Fund Uniform & Clothing Expense CINTAS CORP 67.95 26342 10/14/2024 Water Enterprise Fund Uniform & Clothing Expense CINTAS CORP 88.54 26342 10/14/2024 Internal Service Fund Uniform & Clothing Expense CINTAS CORP 14.04 26342 10/14/2024 Internal Service Fund Special Departmental Expense CINTAS CORP 29.35 26342 10/14/2024 Internal Service Fund Uniform & Clothing Expense CINTAS CORP 18.93 26342 10/14/2024 General Fund Uniform & Clothing Expense CINTAS CORP 38.38 26342 10/14/2024 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS CORP 33.59 26342 10/14/2024 Sewer Enterprise Fund Uniform & Clothing Expense CINTAS CORP 67.95 26342 10/14/2024 Water Enterprise Fund Uniform & Clothing Expense CINTAS CORP 88.54 Check Total: 581.56
26343 10/14/2024 General Fund Training CITY OF FRESNO 593.00 26343 10/14/2024 General Fund Training CITY OF FRESNO 593.00 26343 10/14/2024 General Fund Training CITY OF FRESNO 593.00 26343 10/14/2024 General Fund Training CITY OF FRESNO 593.00 26343 10/14/2024 General Fund Training CITY OF FRESNO 593.00 Check Total: 2,965.00
26344 10/14/2024 Internal Service Fund Communications COMCAST 262.61 Check Total: 262.61
26345 10/14/2024 Internal Service Fund Special Departmental Expense CONSOLIDATED ELECTRICAL DISTRIBUTOR'. 998.84 26345 10/14/2024 ARPA-American Rescue Plan Act Police Dept Remodel/Rehab CONSOLIDATED ELECTRICAL DISTRIBUTOR', 5,778.66 26345 10/14/2024 Gas Tax/Street Improvement Special Departmental Expense CONSOLIDATED ELECTRICAL DISTRIBUTOR', 104.06 Check Total: 6,881.56
26346 10/14/2024 General Fund Special Departmental Expense CREATIVE COPY 2,242.41 —
—
AP-Checks for Approval (10/10/2024 - 2:35 PM) Page 7

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 2,242.41
26347 10/14/2024 General Fund Inspection Fees CSG CONSULTANTS, INC. 6,158.00 26347 10/14/2024 General Fund Plan Check Fees CSG CONSULTANTS, INC. 7,035.00 26347 10/14/2024 General Fund Inspection Fees CSG CONSULTANTS, INC. 4,787.00 26347 10/14/2024 General Fund Plan Check Fees CSG CONSULTANTS, INC. 6,247.50 26347 10/14/2024 General Fund Inspection Fees CSG CONSULTANTS, INC. 3,774.00 26347 10/14/2024 General Fund Plan Check Fees CSG CONSULTANTS, INC. 4,687.00 26347 10/14/2024 General Fund Plan Check Fees CSG CONSULTANTS, INC. 740.06 26347 10/14/2024 General Fund Plan Check Fees CSG CONSULTANTS, INC. 736.25 26347 10/14/2024 Water Enterprise Fund Professional Services CSG CONSULTANTS, INC. 465.50 26347 10/14/2024 General Fund Plan Check Fees CSG CONSULTANTS, INC. 202.50 26347 10/14/2024 General Fund Plan Check Fees CSG CONSULTANTS, INC. 140.00 Check Total: 34,972.81
26348 10/14/2024 Internal Service Fund Professional Services D & D PEST CONTROL 52.00 26348 10/14/2024 Internal Service Fund Professional Services D & D PEST CONTROL 40.00 26348 10/14/2024 Internal Service Fund Professional Services D & D PEST CONTROL 34.00 26348 10/14/2024 Internal Service Fund Professional Services D & D PEST CONTROL 34.00 26348 10/14/2024 Internal Service Fund Professional Services D & D PEST CONTROL 34.00 26348 10/14/2024 Internal Service Fund Professional Services D & D PEST CONTROL 52.00 26348 10/14/2024 Internal Service Fund Professional Services D & D PEST CONTROL 34.00 26348 10/14/2024 Internal Service Fund Professional Services D & D PEST CONTROL 40.00 Check Total: 320.00
26349 10/14/2024 Information Technology Fund Professional Services DATA PATH 8,321.00 26349 10/14/2024 Information Technology Fund Memberships & Subscriptions DATA PATH 2,617.50 26349 10/14/2024 Information Technology Fund Memberships & Subscriptions DATA PATH 1,089.00 26349 10/14/2024 Information Technology Fund Memberships & Subscriptions DATA PATH 730.00 26349 10/14/2024 Information Technology Fund Memberships & Subscriptions DATA PATH 3,431.00 26349 10/14/2024 Information Technology Fund Memberships & Subscriptions DATA PATH 2,831.00 Check Total: 19,019.50
26350 10/14/2024 General Fund Uniform & Clothing Expense KATHY DAVIS 91.25 Check Total: 91.25
26351 10/14/2024 General Fund Various Recreation Classes MARY ANN DAVIS 455.00 Check Total: 455.00
26352 10/14/2024 General Plan Update Fund Professional Services DE NOVO PLANNING GROUP 15,770.00 Check Total: 15,770.00
AP-Checks for Approval (10/10/2024 - 2:35 PM) Page 8
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Check Number Check Date Fund Name Account Name Vendor Name Void Amount 26353 10/14/2024 Risk Management Fund Professional Services DELFINO MADDEN O'MALLEY COYLE & KOE 38.50 26353 10/14/2024 Risk Management Fund Professional Services DELFINO MADDEN O'MALLEY COYLE & KOE 308.00 Check Total: 346.50
26354 10/14/2024 Internal Service Fund Operations & Maintenance DELRAY TIRE 531.22 26354 10/14/2024 Internal Service Fund Operations & Maintenance DELRAY TIRE 2,672.73 26354 10/14/2024 Internal Service Fund Professional Services DELRAY TIRE 185.45 26354 10/14/2024 Internal Service Fund Operations & Maintenance DELRAY TIRE 1,812.24 Check Total: 5,201.64
26355 10/14/2024 General Fund SMI Tax DEPT. OF CONSERVATION 497.29 26355 10/14/2024 General Fund Building Permits DEPT. OF CONSERVATION -24.86 26355 10/14/2024 General Fund SMI Tax DEPT. OF CONSERVATION 689.11 26355 10/14/2024 General Fund Building Permits DEPT. OF CONSERVATION -34.46 26355 10/14/2024 General Fund SMI Tax DEPT. OF CONSERVATION 489.12 26355 10/14/2024 General Fund Building Permits DEPT. OF CONSERVATION -24.46 26355 10/14/2024 General Fund SMI Tax DEPT. OF CONSERVATION 498.38 26355 10/14/2024 General Fund Building Permits DEPT. OF CONSERVATION -24.92 Check Total: 2,065.20
26356 10/14/2024 General Fund Professional Services DEPT. OF JUSTICE 250.00 Check Total: 250.00
26357 10/14/2024 General Fund SB 1186 Fees-Business License DIVISION OF THE STATE ARCHITECT -1,436.40 26357 10/14/2024 General Fund SB 1186 Fees-Business License DIVISION OF THE STATE ARCHITECT 1,596.00 26357 10/14/2024 General Fund SB 1186 Fees-Business License DIVISION OF THE STATE ARCHITECT -381.60 26357 10/14/2024 General Fund SB 1186 Fees-Business License DIVISION OF THE STATE ARCHITECT 424.00 Check Total: 202.00
26358 10/14/2024 General Fund Uniform & Clothing Expense ELITE UNIFORMS 296.56 Check Total: 296.56
26359 10/14/2024 Water Enterprise Fund Accounts Payable JAMES ELLIS 63.72 Check Total: 63.72
26360 10/14/2024 General Fund SB 1473 EMPIRE SPECIALTIES 1.00 26360 10/14/2024 General Fund Building Permits EMPIRE SPECIALTIES 102.00 Check Total: 103.00
26361 10/14/2024 Public Safety Trans & Use Tax Machinery & Equipment ENTERPRISE FM TRUST 10,442.38 26361 10/14/2024 Public Safety Trans & Use Tax Rents & Leases ENTERPRISE FM TRUST 4,823.36 r
AP-Checks for Approval (10/10/2024 - 2:35 PM) Page 9

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 15,265.74
26362 10/14/2024 Information Technology Fund Special Departmental Expense ENVIRONMENTAL SYSTEMS RESEARCH INS7 1,400.00 Check Total: 1,400.00
26363 10/14/2024 Water Enterprise Fund Accounts Payable ALEXYSETCHEVERRY 36.72 Check Total: 36.72
26364 10/14/2024 General Fund Men's Summer Softball FASTENAL COMPANY 171.69 26364 10/14/2024 General Fund Coed Summer Softball FASTENAL COMPANY 171.70 Check Total: 343.39
26365 10/14/2024 General Fund Professional Services FENCE BUILDERS INC. 400.00 Check Total: 400.00
26366 10/14/2024 Water Fund Capital Replacement Installation-New Water Meters FERGUSON WATERWORKS 2,811.68 26366 10/14/2024 Water Fund Capital Replacement Installation-New Water Meters FERGUSON WATERWORKS 1,405.84 26366 10/14/2024 Water Fund Capital Replacement Installation-New Water Meters FERGUSON WATERWORKS 1,405.84 Check Total: 5,623.36
26367 10/14/2024 Internal Service Fund Operations & Maintenance FORD PRO 739.89 Check Total: 739.89
26368 10/14/2024 Sewer Enterprise Fund Professional Services FOSTER'S PUMPS, INC. 24,373.67 Check Total: 24,373.67
26369 10/14/2024 General Fund Training FRESNO CITY COLLEGE 61.00 26369 10/14/2024 General Fund Training FRESNO CITY COLLEGE 820.00 Check Total: 881.00
26370 10/14/2024 General Fund Building Permits GARCIA SEPTIC + CONSTRUCTION INC 28.44 26370 10/14/2024 General Fund Plan Check Fees GARCIA SEPTIC + CONSTRUCTION INC 1,585.31 Check Total: 1,613.75
26371 10/14/2024 Sewer Enterprise Fund Special Departmental Expense GARTON TRACTOR INC 325.71 Check Total: 325.71
26372 10/14/2024 Water Enterprise Fund Uniform & Clothing Expense GCP WW HOLDCO LLC 194.84 26372 10/14/2024 Water Enterprise Fund Uniform & Clothing Expense GCP WW HOLDCO LLC 200.00 26372 10/14/2024 Gas Tax/Street Improvement Uniform & Clothing Expense GCP WW HOLDCO LLC 194.84 26372 10/14/2024 Water Enterprise Fund Uniform & Clothing Expense GCP WW HOLDCO LLC 194.84 AP-Checks for Approval (10/10/2024 - 2:35 PM) Page 10
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Check Number Cheek Date Fund Name Account Name Vendor Name Void Amount Check Total: 784.52
26373 10/14/2024 SB 1-Road Maint & Rehab RMRA Project Retention GEORGE REED INC -12,758.35 26373 10/14/2024 SB 1-Road Maint & Rehab RMRA Fruitland Ave Rd Improvements GEORGE REED INC 255,167.00 Check Total: 242,408.65
26374 10/14/2024 Sanitation Enterprise Fund Accounts Payable SIMRAN GILL 5.91 Check Total: 5.91
26375 10/14/2024 General Fund SB 1473 GLOBAL ENERGY LLC 1.00 26375 10/14/2024 General Fund Building Permits GLOBAL ENERGY LLC 102.00 Check Total: 103.00
26376 10/14/2024 Water Enterprise Fund Accounts Payable MARIA GONZALEZ 84.80 Check Total: 84.80
26377 10/14/2024 Water Enterprise Fund Special Departmental Expense GRAINGER 517.76 26377 10/14/2024 Water Enterprise Fund Special Departmental Expense GRAINGER 517.76 26377 10/14/2024 Internal Service Fund Special Departmental Expense GRAINGER 92.01 26377 10/14/2024 Water Enterprise Fund Small Tools GRAINGER 3,576.56 Check Total: 4,704.09
26378 10/14/2024 Gas Tax/Street Improvement Special Departmental Expense GRANITE CONSTRUCTION COMPANY 4,083.97 Check Total: 4,083.97
26379 10/14/2024 General Fund SB 1473 GREEN DAY POWER 1.00 26379 10/14/2024 General Fund Building Permits GREEN DAY POWER 199.00 26379 10/14/2024 General Fund SB 1473 GREEN DAY POWER 2.00 26379 10/14/2024 General Fund SB 1186 Fees-Business License GREEN DAY POWER 3.48 26379 10/14/2024 General Fund Building Permits GREEN DAY POWER 265.00 26379 10/14/2024 General Fund SB 1473 GREEN DAY POWER 1.00 26379 10/14/2024 General Fund SB 1186 Fees-Business License GREEN DAY POWER 2.43 26379 10/14/2024 General Fund Building Permits GREEN DAY POWER 265.00 26379 10/14/2024 General Fund SMI Tax GREEN DAY POWER 1.58 26379 10/14/2024 General Fund SB 1473 GREEN DAY POWER 1.00 26379 10/14/2024 General Fund Building Permits GREEN DAY POWER 265.00 Check Total: 1,006.49
26380 10/14/2024 General Fund Professional Services GUARDIAN ALLIANCE TECHNOLOGIES INC 50.00 Check Total: 50.00
AP-Checks for Approval (10/10/2024 - 2:35 PM) Page 11

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 26381 10/14/2024 Water Enterprise Fund Accounts Payable THOMAS HANSBURY 68.1 1 Check Total: 68.11
26382 10/14/2024 General Fund Professional Services HDL COREN & CONE 3,375.00 Check Total: 3,375.00
26383 10/14/2024 Internal Service Fund Professional Services HI-TECH EVS INC 4,950.00 26383 10/14/2024 Internal Service Fund Operations & Maintenance HI-TECH EVS INC 1,367.27 Check Total: 6,317.27
26384 10/14/2024 Internal Service Fund Utilities HOFFMAN SECURITY 55.00 26384 10/14/2024 Internal Service Fund Utilities HOFFMAN SECURITY 1,149.75 Check Total: 1,204.75
26385 10/14/2024 Gas Tax/Street Improvement Special Departmental Expense HORIZON 738.54 26385 10/14/2024 General Fund Special Departmental Expense HORIZON 2,052.52 26385 10/14/2024 Internal Service Fund Special Departmental Expense HORIZON 52.58 26385 10/14/2024 General Fund Special Departmental Expense HORIZON 95.47 26385 10/14/2024 General Fund Special Departmental Expense HORIZON 44.26 26385 10/14/2024 General Fund Special Departmental Expense HORIZON 51.23 26385 10/14/2024 General Fund Special Departmental Expense HORIZON 11.71 Check Total: 3,046.31
26386 10/14/2024 General Fund Professional Services INDEPENDENT INVESTIGATIONS LLC 300.00 Check Total: 300.00
26387 10/14/2024 General Fund SB 1473 INFINITY ENERGY INC 1.00 26387 10/14/2024 General Fund SB 1186 Fees-Business License INFINITY ENERGY INC 2.34 26387 10/14/2024 General Fund Building Permits INFINITY ENERGY INC 246.00 Check Total: 249.34
26388 10/14/2024 General Fund Uniform & Clothing Expense INSIDELINES GRAPHDC INC. 365.23 26388 10/14/2024 General Fund Uniform & Clothing Expense INSIDELINES GRAPHIX INC. 310.56 Check Total: 675.79
26389 10/14/2024 Water Enterprise Fund Special Departmental Expense INSTRUMENT TECHNOLOGY CORPORATION 53.56 26389 10/14/2024 Water Enterprise Fund Special Departmental Expense INSTRUMENT TECHNOLOGY CORPORATION 1,781.31 Check Total: 1,834.87
26390 10/14/2024 General Fund Memberships & Subscriptions INTERNATIONAL CODE COUNCIL, INC. 170.00 AP-Checks for Approval (10/10/2024 - 2:35 PM) Page 12
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-

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 170.00
26391 10/14/2024 Gas Tax/Street Improvement Special Departmental Expense JAM SERVICES INC 147.90 26391 10/14/2024 Gas Tax/Street Improvement Special Departmental Expense JAM SERVICES INC 4,295.63 26391 10/14/2024 Gas Tax/Street Improvement Special Departmental Expense JAM SERVICES INC 4,295.63 26391 10/14/2024 Gas Tax/Street Improvement Special Departmental Expense JAM SERVICES INC 4,295.63 26391 10/14/2024 Gas Tax/Street Improvement Special Departmental Expense JAM SERVICES INC 4,002.00 26391 10/14/2024 Gas Tax/Street Improvement Special Departmental Expense JAM SERVICES INC 130.50 Check Total: 17,167.29
26392 10/14/2024 Internal Service Fund Professional Services JANI UK CLEANING SOLUTIONS 11,693.00 Check Total: 11,693.00
26393 10/14/2024 Gas Tax/Street Improvement Professional Services JLB TRAFFIC ENGINEERING, INC 2,887.22 26393 10/14/2024 Gas Tax/Street Improvement Professional Services JLB TRAFFIC ENGINEERING, INC 716.08 Check Total: 3,603.30
26394 10/14/2024 General Fund Special Departmental Expense JOE'S LANDSCAPING & CONCRETE 64.91 26394 10/14/2024 General Fund Professional Services JOE'S LANDSCAPING & CONCRETE 2,080.00 Check Total: 2,144.91
26395 10/14/2024 Gas Tax/Street Improvement Special Departmental Expense KELLOGG SUPPLY 2.21 26395 10/14/2024 Internal Service Fund Special Departmental Expense KELLOGG SUPPLY 324.71 26395 10/14/2024 Internal Service Fund Special Departmental Expense KELLOGG SUPPLY 178.28 26395 10/14/2024 Gas Tax/Street Improvement Special Departmental Expense KELLOGG SUPPLY 36.83 26395 10/14/2024 Sewer Enterprise Fund Special Departmental Expense KELLOGG SUPPLY 205.59 26395 10/14/2024 Sewer Enterprise Fund Uniform & Clothing Expense KELLOGG SUPPLY 24.00 26395 10/14/2024 Sewer Enterprise Fund Special Departmental Expense KELLOGG SUPPLY 142.36 26395 10/14/2024 Sewer Enterprise Fund Uniform & Clothing Expense KELLOGG SUPPLY 24.00 26395 10/14/2024 Gas Tax/Street Improvement Special Departmental Expense KELLOGG SUPPLY 123.37 26395 10/14/2024 Sewer Enterprise Fund Special Departmental Expense KELLOGG SUPPLY 287.34 26395 10/14/2024 Sewer Enterprise Fund Uniform & Clothing Expense KELLOGG SUPPLY 167.23 26395 10/14/2024 Water Enterprise Fund Special Departmental Expense KELLOGG SUPPLY 53.02 26395 10/14/2024 Internal Service Fund Operations & Maintenance KELLOGG SUPPLY 63.34 Check Total: 1,632.28
26396 10/14/2024 General Fund Police Special Services LAW OFFICE OF SCOTT LEVY 275.00 Check Total: 275.00
26397 10/14/2024 Water Fund Capital Replacement Project Retention LAWRENCE BACKIIOE SERVICE INC -7,055.15 26397 10/14/2024 Water Fund Capital Replacement Installation-New Water Meters LAWRENCE BACKHOE SERVICE INC 141,103.00 .r
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AP-Checks for Approval (10/10/2024 - 2:35 PM) Page 13

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 134,047.85
26398 10/14/2024 Internal Service Fund Operations & Maintenance LAWSON PRODUCTS 438.05 Check Total: 438.05
26399 10/14/2024 General Fund Professional Services LEADSONLINE LLC 1,114.00 Check Total: 1,114.00
26400 10/14/2024 General Fund Accounts Payable JANET LEE 2.00 26400 10/14/2024 Water Enterprise Fund Accounts Payable JANET LEE 92.63 Check Total: 94.63
26401 10/14/2024 General Fund Professional Services LEIST AND ASSOCIATES 3,612.50 Check Total: 3,612.50
26402 10/14/2024 General Fund Miscellaneous LOOMIS 561.49 26402 10/14/2024 General Fund Miscellaneous LOOMIS 467.63 Check Total: 1,029.12
26403 10/14/2024 General Fund Special Departmental Expense LOPES SEPTIC & PUMPING 150.00 Check Total: 150.00
26404 10/14/2024 Water Enterprise Fund Accounts Payable COLE LUTHEY 114.03 Check Total: 114.03
26405 10/14/2024 Gas Tax/Street Improvement Special Departmental Expense MC REGIONAL WASTE MGMT. AUTH. 19.00 Check Total: 19.00
26406 10/14/2024 General Fund Coed Fall Softball MCNAMARA SPORTS 265.00 26406 10/14/2024 General Fund Men's Fall Softball MCNAMARA SPORTS 265.45 Check Total: 530.45
26407 10/14/2024 General Fund Coed Volleyball MERCED AREA SPORTS OFFICIALS, INC 308.00 26407 10/14/2024 General Fund Coed Volleyball MERCED AREA SPORTS OFFICIALS, INC 308.00 26407 10/14/2024 General Fund Coed Fall Softball MERCED AREA SPORTS OFFICIALS, INC 175.00 26407 10/14/2024 General Fund Men's Fall Softball MERCED AREA SPORTS OFFICIALS, INC 280.00 26407 10/14/2024 General Fund Coed Volleyball MERCED AREA SPORTS OFFICIALS, INC 786.00 Check Total: 1,857.00
26408 10/14/2024 General Fund Building Permits MERCED ELECTRIC COMPANY 30.00 _
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AP-Checks for Approval (10/10/2024 - 2:35 PM) Page 14

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 30.00
26409 10/14/2024 Public Safety Trans & Use Tax Improvements Other Than Bldg MERCED ROOFING AND CONSTRUCTION 725.00 Check Total: 725.00
26410 10/14/2024 Internal Service Fund Operations & Maintenance MERCED SMOG CENTER 41.75 26410 10/14/2024 Internal Service Fund Operations & Maintenance MERCED SMOG CENTER 41.75 26410 10/14/2024 Internal Service Fund Operations & Maintenance MERCED SMOG CENTER 41.75 Check Total: 125.25
26411 10/14/2024 Internal Service Fund Operations & Maintenance MERCED TRUCK & TRAILER INC. 74.80 I Check Total: 74.80
26412 10/14/2024 General Fund Uniform & Clothing Expense METRO UNIFORM MERCED 281.23 26412 10/14/2024 General Fund Unifonn & Clothing Expense METRO UNIFORM MERCED 256.44 26412 10/14/2024 General Fund Uniform & Clothing Expense METRO UNIFORM MERCED 90.88 26412 10/14/2024 General Fund Uniform & Clothing Expense METRO UNIFORM MERCED 164.32 26412 10/14/2024 General Fund Uniform & Clothing Expense METRO UNIFORM MERCED 150.13 26412 10/14/2024 General Fund Uniform & Clothing Expense METRO UNIFORM MERCED 90.93 26412 10/14/2024 General Fund Uniform & Clothing Expense METRO UNIFORM MERCED 44.11 Check Total: 1,078.04
26413 10/14/2024 Gas Tax/Street Improvement Special Departmental Expense MID VALLEY TOOLS 1,326.75 26413 10/14/2024 Internal Service Fund Operations & Maintenance MID VALLEY TOOLS 824.27 Check Total: 2,151.02
26414 10/14/2024 General Fund Accounts Payable MICHELE MISHLER 2.00 26414 10/14/2024 Water Enterprise Fund Accounts Payable MICHELE MISHLER 143.85 26414 10/14/2024 Sewer Enterprise Fund Accounts Payable MICHELE MISHLER 9.16 26414 10/14/2024 Sanitation Enterprise Fund Accounts Payable MICHELE MISHLER 6.16 Check Total: 161.17
26415 10/14/2024 Water Enterprise Fund Accounts Payable CHRISTOPHER MIZENER 100.33 Check Total: 100.33
26416 10/14/2024 Internal Service Fund Special Departmental Expense MODESTO OVERHEAD DOOR 1,340.44 26416 10/14/2024 Internal Service Fund Professional Services MODESTO OVERHEAD DOOR 3,635.00 Check Total: 4,975.44
26417 10/14/2024 Water Enterprise Fund Special Departmental Expense MUNIQUIP, LLC 4,956.56 AP-Checks for Approval (10/10/2024 - 2:35 PM) Page 15
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Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 4,956.56
26418 10/14/2024 General Fund Professional Services MUNISERVICES LLC 1,093.03 26418 10/14/2024 General Fund Professional Services MUNISERVICES LLC 6,265.10 26418 10/14/2024 General Fund Professional Services MUNISERVICES LLC 2,972.28 Check Total: 10,330.41
26419 10/14/2024 General Fund Building Permits MYNT SYSTEMS INC 485.81 26419 10/14/2024 General Fund Plan Check Fees MYNT SYSTEMS INC 3,144.94 Check Total: 3,630.75
26420 10/14/2024 Internal Service Fund Operations & Maintenance NAPA AUTO PARTS 284.15 26420 10/14/2024 Internal Service Fund Operations & Maintenance NAPA AUTO PARTS 534.76 26420 10/14/2024 Internal Service Fund Operations & Maintenance NAPA AUTO PARTS 100.35 Check Total: 919.26
26421 10/14/2024 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 81.54 26421 10/14/2024 General Fund Special Departmental Expense O'REILLYAUTO PARTS 17.39 26421 10/14/2024 Sewer Enterprise Fund Special Departmental Expense O'REILLYAUTO PARTS 23.91 26421 10/14/2024 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 14.34 26421 10/14/2024 Sewer Enterprise Fund Special Departmental Expense O'REILLY AUTO PARTS 44.35 26421 10/14/2024 Internal Service Fund Operations & Maintenance O'REILLYAUTO PARTS 388.16 26421 10/14/2024 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 77.43 26421 10/14/2024 Internal Service Fund Special Departmental Expense O'REILLY AUTO PARTS 44.89 26421 10/14/2024 Internal Service Fund Operations & Maintenance O'REILLYAUTO PARTS 80.11 26421 10/14/2024 Water Enterprise Fund Special Departmental Expense O'REILLYAUTO PARTS 37.61 26421 10/14/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 16.94 26421 10/14/2024 Internal Service Fund Operations & Maintenance O'REILLYAUTO PARTS 118.47 26421 10/14/2024 Internal Service Fund Operations & Maintenance O'REILLYAUTO PARTS 29.59 26421 10/14/2024 Water Enterprise Fund Special Departmental Expense O'REILLY AUTO PARTS 13.85 26421 10/14/2024 Internal Service Fund Operations & Maintenance O'REILLYAUTO PARTS 1,739.76 26421 10/14/2024 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS -404.44 26421 10/14/2024 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 35.88 26421 10/14/2024 Internal Service Fund Operations & Maintenance O'REILLYAUTO PARTS 344.45 26421 10/14/2024 Internal Service Fund Operations & Maintenance O'REILLYAUTO PARTS 283.59 26421 10/14/2024 Gas Tax/Street Improvement Special Departmental Expense O'REILLYAUTO PARTS 9.78 26421 10/14/2024 Internal Service Fund Operations & Maintenance O'REILLYAUTO PARTS 52.17 26421 10/14/2024 Sewer Enterprise Fund Special Departmental Expense O'REILLYAUTO PARTS 45.10 26421 10/14/2024 Internal Service Fund Operations & Maintenance O'REILLYAUTO PARTS 223.11 Check Total: 3,317.98
26422 10/14/2024 General Fund Utilities PACIFIC GAS & ELECTRIC 2,473.27 AP-Checks for Approval (10/10/2024 - 2:35 PM) Page 16

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 26422 10/14/2024 General Fund Utilities PACIFIC GAS & ELECTRIC 94.90 26422 10/14/2024 General Fund Utilities PACIFIC GAS & ELECTRIC 5,313.56 26422 10/14/2024 General Fund Utilities PACIFIC GAS & ELECTRIC 1,041.64 26422 10/14/2024 Gas Tax/Street Improvement Utilities PACIFIC GAS & ELECTRIC 15,785.01 26422 10/14/2024 Gas Tax/Street Improvement Utilities PACIFIC GAS & ELECTRIC 180.88 26422 10/14/2024 Northwood Village LD Utilities PACIFIC GAS & ELECTRIC 310.54 26422 10/14/2024 Orchard Park Estates LD Utilities PACIFIC GAS & ELECTRIC 150.92 26422 10/14/2024 Wildwood Estates LD Utilities PACIFIC GAS & ELECTRIC 40.00 26422 10/14/2024 Woodview Garland LA Utilities PACIFIC GAS & ELECTRIC 16.68 26422 10/14/2024 Shaffer Lakes West LD Utilities PACIFIC GAS & ELECTRIC 55.76 26422 10/14/2024 Woodhaven LD Utilities PACIFIC GAS & ELECTRIC 18.37 26422 10/14/2024 Sierra Parks LD Utilities PACIFIC GAS & ELECTRIC 27.31 26422 10/14/2024 Shaffer Lakes East LD Utilities PACIFIC GAS & ELECTRIC 225.15 26422 10/14/2024 Price Annexation LD Utilities PACIFIC GAS & ELECTRIC 958.30 26422 10/14/2024 Sandlewood Square LD Utilities PACIFIC GAS & ELECTRIC 30.02 26422 10/14/2024 Pajaro Dunes LD Utilities PACIFIC GAS & ELECTRIC 26.68 26422 10/14/2024 Cottage Gardens LD Utilities PACIFIC GAS & ELECTRIC 25.79 26422 10/14/2024 Airport Business Park LD Utilities PACIFIC GAS & ELECTRIC 659.08 26422 10/14/2024 Atwater South LD Utilities PACIFIC GAS & ELECTRIC 46.53 26422 10/14/2024 Water Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 118,999.06 26422 10/14/2024 Water Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 45,208.81 26422 10/14/2024 Sewer Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 5,067.32 26422 10/14/2024 Internal Service Fund Utilities PACIFIC GAS & ELECTRIC 26.28 26422 10/14/2024 Internal Service Fund Utilities PACIFIC GAS & ELECTRIC 10,300.89 Check Total: 207,082.75
26423 10/14/2024 Sewer Enterprise Fund Special Departmental Expense PACIFIC WATER RESOURCES 758.91 Check Total: 758.91
26424 10/14/2024 Sewer Enterprise Fund Special Departmental Expense PLATT ELECTRIC SUPPLY 131.45 Check Total: 131.45
26425 10/14/2024 General Fund Capital Phase 4 Ped Imp Proj Downtown PROVOST & PRITCHARD CONSULTING GROU 6,491.89 26425 10/14/2024 Measure V 20% AlternativeModes Phase 4 Ped Imp Proj Downtown PROVOST & PRITCHARD CONSULTING GROU 841.09 26425 10/14/2024 General Fund Capital Phase 4 Ped Imp Proj Downtown PROVOST & PRITCHARD CONSULTING GROU 2,860.55 26425 10/14/2024 Measure V 20% AlternativeModes Phase 4 Ped Imp Proj Downtown PROVOST & PRITCHARD CONSULTING GROU 370.62 Check Total: 10,564.15
26426 10/14/2024 Sewer Enterprise Fund Castle Sewer Interceptor QUAD KNOPF 4,114.80 Check Total: 4,114.80
26427 10/14/2024 Water Enterprise Fund Professional Services RAFTELIS FINANCIAL 1,060.00 -
AP-Checks for Approval (10/10/2024 - 2:35 PM) Page 17

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 26427 10/14/2024 Sewer Enterprise Fund Professional Services RAFTELIS FINANCIAL 1,060.00 Check Total: 2,120.00
26428 10/14/2024 Public Safety Trans & Use Tax Machinery & Equipment ROSENBAUER 400,000.00 Check Total: 400,000.00
26429 10/14/2024 Water Enterprise Fund Accounts Payable ROSIEMAX LLC 153.48 Check Total: 153.48
26430 10/14/2024 RDVLPMNT Obligation Retirement Professional Services RSG INC 1,418.75 Check Total: 1,418.75
26431 10/14/2024 Gas Tax/Street Improvement Special Departmental Expense SAFE-T-LITE 593.54 26431 10/14/2024 Gas Tax/Street Improvement Special Departmental Expense SAFE-T-LITE 142.61 26431 10/14/2024 Gas Tax/Street Improvement Special Departmental Expense SAFE-T-LITE 502.97 26431 10/14/2024 Gas Tax/Street Improvement Special Departmental Expense SAFE-T-LITE 67.31 Check Total: 1,306.43
26432 10/14/2024 Internal Service Fund Special Departmental Expense SAN JOAQUIN VALLEY AIR POLLUTION CON" 178.50 Check Total: 178.50
26433 10/14/2024 Internal Service Fund Operations & Maintenance SCHAEFFER MANUFACTURING COMPANY 2,367.74 Check Total: 2,367.74
26434 10/14/2024 Water Enterprise Fund Special Departmental Expense SHANNON PUMP CO. 7,670.25 26434 10/14/2024 Water Enterprise Fund Professional Services SHANNON PUMP CO. 306.83 Check Total: 7,977.08
26435 10/14/2024 Gas Tax/Street Improvement Special Departmental Expense SHERWIN-WILLIAMS CO. 594.29 Check Total: 594.29
26436 10/14/2024 Gas Tax/Street Improvement Special Departmental Expense SIERRA MATERIALS & TRUCKING COMPANY 623.09 Check Total: 623.09
26437 10/14/2024 Gas Tax/Street Improvement Professional Services ST FRANCIS ELECTRIC 3,850.00 26437 10/14/2024 Gas Tax/Street Improvement Professional Services ST FRANCIS ELECTRIC 2,574.00 Check Total: 6,424.00
26438 10/14/2024 Gas Tax/Street Improvement Special Departmental Expense STEPPING STONE NURSERY 239.30 Check Total: 239.30
AP-Checks for Approval (10/10/2024 - 2:35 PM) Page 18
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Check Number Check Date Fnnd Name Account Name Vendor Name Void Amount 26439 10/14/2024 General Fund Professional Services STERICYCLE INC 39.44 Check Total: 39.44
26440 10/14/2024 Water Enterprise Fund Machinery & Equipment STILES TRUCK BODY & EQUIPMENT INC 24,999.96 26440 10/14/2024 Gas Tax/Street Improvement Machinery & Equipment STILES TRUCK BODY & EQUIPMENT INC 15,334.30 26440 10/14/2024 Sewer Enterprise Fund Special Departmental Expense STILES TRUCK BODY & EQUIPMENT INC 16,929.00 Check Total: 57,263.26
26441 10/14/2024 General Fund Rents & Leases SUN RIDGE SYSTEMS INC 5,280.00 26441 10/14/2024 General Fund Rents & Leases SUN RIDGE SYSTEMS INC 113,602.00 Check Total: 118,882.00
26442 10/14/2024 Gas Tax/Street Improvement Special Departmental Expense SUNBELT RENTALS INC 172.37 26442 10/14/2024 Gas Tax/Street Improvement Special Departmental Expense SUNBELT RENTALS INC 112.44 Check Total: 284.81
26443 10/14/2024 General Fund SB 1473 SUNRUN INSTALLATION SERVICES, INC 1.00 26443 10/14/2024 General Fund SB 1186 Fees-Business License SUNRUN INSTALLATION SERVICES, INC 1.82 26443 10/14/2024 General Fund Building Permits SUNRUN INSTALLATION SERVICES, INC 265.00 26443 10/14/2024 General Fund SB 1473 SUNRUN INSTALLATION SERVICES, INC 1.00 26443 10/14/2024 General Fund SB 1186 Fees-Business License SUNRUN INSTALLATION SERVICES, INC 1.56 26443 10/14/2024 General Fund Building Permits SUNRUN INSTALLATION SERVICES, INC 246.00 26443 10/14/2024 General Fund SB 1473 SUNRUN INSTALLATION SERVICES, INC 1.00 26443 10/14/2024 General Fund SB 1186 Fees-Business License SUNRUN INSTALLATION SERVICES, INC 2.08 26443 10/14/2024 General Fund Building Permits SUNRUN INSTALLATION SERVICES, INC 246.00 26443 10/14/2024 General Fund SB 1473 SUNRUN INSTALLATION SERVICES, INC 2.00 26443 10/14/2024 General Fund SB 1186 Fees-Business License SUNRUN INSTALLATION SERVICES, INC 3.51 26443 10/14/2024 General Fund Building Permits SUNRUN INSTALLATION SERVICES, INC 328.00 26443 10/14/2024 General Fund SB 1473 SUNRUN INSTALLATION SERVICES, INC 1.00 26443 10/14/2024 General Fund SB 1186 Fees-Business License SUNRUN INSTALLATION SERVICES, INC 1.76 26443 10/14/2024 General Fund Building Permits SUNRUN INSTALLATION SERVICES, INC 246.00 26443 10/14/2024 General Fund SB 1473 SUNRUN INSTALLATION SERVICES, INC 1.00 26443 10/14/2024 General Fund SB 1186 Fees-Business License SUNRUN INSTALLATION SERVICES, INC 1.71 26443 10/14/2024 General Fund Building Permits SUNRUN INSTALLATION SERVICES, INC 265.00 Check Total: 1,615.44
26444 10/14/2024 Water Enterprise Fund Special Departmental Expense SUPERIOR POOL PRODUCTS LLC 863.08 26444 10/14/2024 Water Enterprise Fund Special Departmental Expense SUPERIOR POOL PRODUCTS LLC 1,150.77 26444 10/14/2024 Water Enterprise Fund Special Departmental Expense SUPERIOR POOL PRODUCTS LLC 869.69 26444 10/14/2024 Water Enterprise Fund Special Departmental Expense SUPERIOR POOL PRODUCTS LLC 1,069.16 Check Total: 3,952.70
AP-Checks for Approval (10/10/2024 - 2:35 PM) Page 19

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 26445 10/14/2024 General Fund Office Supplies THE SIGN GUYS 38.79 Check Total: 38.79
26446 10/14/2024 Information Technology Fund Communications TPX COMMUNICATIONS 9,737.94 Check Total: 9,737.94
26447 10/14/2024 General Fund Plan Check Fees TRUE NORTH COMPLIANCE SERVICES INC 562.50 26447 10/14/2024 General Fund Plan Check Fees TRUE NORTH COMPLIANCE SERVICES INC 2,062.50 26447 10/14/2024 General Fund Plan Check Fees TRUE NORTH COMPLIANCE SERVICES INC 4,312.50 Check Total: 6,937.50
26448 10/14/2024 General Fund Deposits TRUESDELL CORPORATION 547.00 26448 10/14/2024 Water Enterprise Fund Water Service Charges TRUESDELL CORPORATION -4.50 Check Total: 542.50
26449 10/14/2024 General Fund Special Departmental Expense UBEO WEST LLC 105.75 26449 10/14/2024 General Fund Rents & Leases UBEO WEST LLC 327.57 26449 10/14/2024 General Fund Rents & Leases UBEO WEST LLC 25.38 26449 10/14/2024 General Fund Rents & Leases UBEO WEST LLC 345.43 26449 10/14/2024 General Fund Rents & Leases UBEO WEST LLC 34.07 26449 10/14/2024 General Fund Rents & Leases UBEO WEST LLC 25.39 26449 10/14/2024 General Fund Rents & Leases UBEO WEST LLC 46.13 26449 10/14/2024 General Fund Rents & Leases UBEO WEST LLC 31.98 26449 10/14/2024 General Fund Rents & Leases UBEO WEST LLC 523.10 26449 10/14/2024 General Fund Rents & Leases UBEO WEST LLC 347.97 26449 10/14/2024 General Fund Rents & Leases UBEO WEST LLC 174.61 26449 10/14/2024 General Fund Rents & Leases UBEO WEST LLC 27.55 26449 10/14/2024 General Fund Rents & Leases UBEO WEST LLC 35.11 26449 10/14/2024 General Fund Rents & Leases UBEO WEST LLC 174.98 26449 10/14/2024 General Fund Rents & Leases UBEO WEST LLC 394.27 26449 10/14/2024 General Fund Rents & Leases UBEO WEST LLC 279.56 26449 10/14/2024 Water Enterprise Fund Rents & Leases UBEO WEST LLC 125.67 26449 10/14/2024 Sewer Enterprise Fund Rents & Leases UBEO WEST LLC 125.67 Check Total: 3,150.19
26450 10/14/2024 General Fund Professional Services VALLEY BUSINESS CENTER 4,989.73 26450 10/14/2024 General Fund Professional Services VALLEY BUSINESS CENTER 4,506.45 26450 10/14/2024 General Fund Professional Services VALLEY BUSINESS CENTER 4,973.94 Check Total: 14,470.12
26451 10/14/2024 General Fund Building Permits VALLEY RESTORATION SERVICES INC 10.00 AP-Checks for Approval (10/10/2024 - 2:35 PM) Page 20

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 10.00
26452 10/14/2024 Water Enterprise Fund Professional Services VALLEY UTILITIE CONSTRUCTION, INC. 1,000.00 Check Total: 1,000.00
26453 10/14/2024 Internal Service Fund Operations & Maintenance VAN DE POL 14,652.16 26453 10/14/2024 Internal Service Fund Operations & Maintenance VAN DE POL 13,868.31 Check Total: 28,520.47
26454 10/14/2024 Sewer Enterprise Fund Professional Services VEOLIA WATER NORTH AMERICA 29,248.24 26454 10/14/2024 Sewer Enterprise Fund Professional Services VEOLIA WATER NORTH AMERICA 190,685.47 Check Total: 219,933.71
26455 10/14/2024 Employee Benefits Fund Vision Insurance VISION SERVICE PLAN (CA) 1,116.33 26455 10/14/2024 Employee Benefits Fund Vision Insurance VISION SERVICE PLAN (CA) 17.58 Check Total: 1,133.91
26456 10/14/2024 SB1-Road Maint & Rehab RMRA Fruitland Ave Rd Improvements VVH CONSULTING SERVICES 4,200.00 26456 10/14/2024 Measure V Fund Fruitland Ave Rd Improvements VVH CONSULTING SERVICES 11,920.00 26456 10/14/2024 General Fund Professional Services VVH CONSULTING SERVICES 3,718.50 26456 10/14/2024 General Plan Update Fund Professional Services VVH CONSULTING SERVICES 1,462.50 26456 10/14/2024 Water Enterprise Fund Professional Services VVH CONSULTING SERVICES 14,874.00 26456 10/14/2024 Sewer Enterprise Fund Castle Sewer Interceptor VVH CONSULTING SERVICES 1,575.00 26456 10/14/2024 General Fund Professional Services VVH CONSULTING SERVICES 16,605.00 26456 10/14/2024 Sewer Enterprise Fund Atwater Blvd Drainage Imprvmts VVH CONSULTING SERVICES 17,400.00 Check Total: 71,755.00
26457 10/14/2024 Sewer Enterprise Fund Special Departmental Expense WARD ENTERPRISES 47.51 26457 10/14/2024 Internal Service Fund Special Departmental Expense WARD ENTERPRISES 65.03 Check Total: 112.54
26458 10/14/2024 General Fund Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 96.37 26458 10/14/2024 General Fund Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 95.55 26458 10/14/2024 Gas Tax/Street Improvement Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 6.73 Check Total: 198.65
26459 10/14/2024 General Fund Professional Services WEED MAN 1,174.00 Check Total: 1,174.00
26460 10/14/2024 Internal Service Fund Utilities WEST COAST GAS CO. INC. 29.97 AP-Checks for Approval (10/10/2024 - 2:35 PM) Page 21

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 29.97
26461 10/14/2024 Internal Service Fund Operations & Maintenance WINTON HARDWARE 14.00 Check Total: 14.00
26462 10/14/2024 General Fund Special Departmental Expense WORK WELLNESS 925.00 Check Total: 925.00
26463 10/14/2024 Water Enterprise Fund Accounts Payable ROSANNA ZABEL 107.85 Check Total: 107.85
Report Total: 2,796,046.55
AP-Checks for Approval (10/10/2024 - 2:35 PM) Page 22
—
_

CITY OF ATWATER
Minutes

CITY COUNCIL

ACTION MINUTES
September 23, 2024
OPEN SESSION: (Council Chambers)
The City Council of the City of Atwater met in Open Session this date at 5:30 PM in the City Council Chambers located at the Atwater Civic Center, 750 Bellevue Road, Atwater, California; Mayor Nelson presiding.

ROLL CALL:

Present: City Council Members Ambriz, Button, Cale, Mayor Pro Tem Raymond, Mayor Nelson
Staff Present: City Manager Hoem, City Attorney Splendorio, Deputy City Manager/Community Development Director Thompson,
Assistant City Clerk Martin
CLOSED SESSION: (Conference Room A)
Conference with Legal Counsel - Existing Litigation - Government Code Section 54956.9(d)(1): Name of case: City of Camden, et al. v. Tyco Fire Products LP, Civil Action No.: 2:24-cv-02321-RMG
Conference with Legal Counsel - Existing Litigation - Government Code Section 54956.9(d)(1): Name of case: City of Camden, et al. v. BASF Corporation, Civil Action No.: 2:24-cv-03174-RMG
Mayor Nelson invited public comment on Closed Session items.

No one came forward to speak.

City Council Meeting Action Minutes for September 23, 2024 Page 2 Mayor Nelson adjourned the meeting to Conference Room A for Closed Session at 5:31 PM. Closed Session was called to order at 5:35 PM. Closed Session adjourned at 5:55 PM.

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

INVOCATION:

The Invocation was led by Pastor Rich Miller.

PLEDGE OF ALLEGIANCE TO THE FLAG:

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

ROLL CALL: (City Council)

Present: City Council Members Ambriz, Button, Cale, Ambriz, Mayor Pro Tem Raymond, Mayor Nelson
Staff Present: City Manager Hoem, City Attorney Splendorio, Deputy City Manager Thompson, Police Chief Salvador, CAL Fire Battalion Chief Ayuso, Finance Director Nicholas, Public Works Director Vinson, City Clerk Billings, Assistant City Clerk Martin SUBSEQUENT NEED ITEMS: None
MAYOR OR CITY ATTORNEY REPORT OUT FROM CLOSED SESSION:

City Attorney Splendorio reported that the City Council received information regarding the items listed on the Closed Session calendar, provided direction, and there was no reportable action.

APPROVAL OF AGENDA AS POSTED OR AS AMENDED:

MOTION: Mayor Pro Tem Raymond moved to approve the agenda as posted. The motion was seconded by City Council Member Ambriz and the vote was: Ayes:

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

PRESENTATIONS:

Monthly report by Merced County District 3 Supervisor McDaniel • Gave a brief update regarding the Beachwood Franklin Park groundbreaking

City Council Meeting Action Minutes for September 23, 2024 Page 3 • Gave a brief update regarding CAL FIRE training facility. • Gave a brief update regarding Pacomatic (Skill based games for 24-hour markets.) • Spoke regarding the County of Merced budget process and progress.

CONSENT CALENDAR:

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

No one came forward.

Mayor Nelson closed the public comment.

MOTION: City Council Member Button 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.

TREASURER’S REPORT:

1. July 31, 2024
ACTION: Acceptance of report as listed.

WARRANTS:

2. September 23, 2024
ACTION: Approval of warrants as listed.

MINUTES: (Audit and Finance Committee)

3. June 24, 2024 - Regular meeting
ACTION: Acceptance of minutes as listed.

MINUTES: (Citizens' Oversight Committee)

4. June 11, 2024 - Regular meeting
ACTION: Acceptance of minutes as listed.

MINUTES: (Planning Commission)

5. July 17, 2024 - Regular meeting
ACTION: Acceptance of minutes as listed.

City Council Meeting Action Minutes for September 23, 2024 Page 4 MINUTES: (City Council)

6. September 9, 2024- Regular meeting
ACTION: Approval of minutes as listed.

AGREEMENTS:

7. Approving and Authorizing a Purchase and Sale Agreement for APN 003-101- 001 and Approving Expenditure of any Additional and Related Closing Expenses (Public Works Director Vinson)
ACTION: Adoption of Resolution No. 3486-24, approving Amendment No. 1 to the General Services Agreement, in a form approved by the City Attorney, to Joe's Landscape of Newman, California for Landscaping in the Maintenance Districts; and authorizes and directs the City Manager to execute Amendment No. 1 on behalf of the City.

RESOLUTIONS:

8. Adopting Updated Conflict of Interest Code (Assistant City Clerk Martin) ACTION: Adoption of Resolution No. 3487-24 amending the City of Atwater’s Conflict of Interest Code.

9. Approving and Ratifying a Side Letter Agreement Between the City of Atwater and the Atwater Miscellaneous Employees Unit American Federation of State, County, and Municipal Employees (AFSCME), Local 2703, Council 57, and Authorizing the City Manager to Execute the Agreement on Behalf of the City (Human Resources Director Sousa)
ACTION: Adoption of Resolution No. 3488-24 Approving and Ratifying a Side Letter Agreement Between the City of Atwater and Atwater Miscellaneous Employees Unit American Federation of State, County, and Municipal Employees (AFSCME), Local 2703, Council 57, Regarding Terms and Conditions of Employment Relating to Article 7 (Work Week), Section 7.3 (Public Works Schedule), and Article 9 (Other Compensation), Section 9.2 (Standby Pay) of the Current Memorandum of Understanding (MOU) and Authorizing and Directing the City Manager to Execute the Agreement on Behalf of the City.

REPORTS AND PRESENTATIONS FROM STAFF:

Approving Budget Amendment No. 4 Amending Fiscal Year 2024-25 Budget Regarding Appropriation of Funds for Professional Services Agreement between the City of Atwater and Mark Thomas & Company for the Preparation of the Project Study Report/ Project

City Council Meeting Action Minutes for September 23, 2024 Page 5 Development Support for the Buhach Road Widening Project (Deputy City Manager/Community Development Director Thompson)
Deputy City Manager/Community Development Director Thompson provided background information on this item.

Mayor Nelson opened public comment on this item.

No one came forward to speak.

Mayor Nelson closed the public comment regarding this item.

MOTION: City Council Member Cale moved to Adopt Resolution No. 3489-24 approving Budget Amendment No. 4 Amending Fiscal Year 2024-25 budget to include the preparation of Project study report- project development support for the Buhach Road Widening Project; and Adopt Resolution No. 3490-24 approving a Professional Services Agreement, in a form approved by the City Attorney, with Mark Thomas & Company of Fresno, CA for preparation of the PSR-PDS in an amount not to exceed $173,352 and; and authorizes and directs the City Manager, or his designee, to execute the Agreement on behalf of the City. 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.

Verbal Presentation Regarding City of Atwater Projects (Deputy City Manager/Community Development Director Thompson)
Deputy City Manager/ Community Development Director Thompson provided a brief update regarding the following:

The Redwood Project, The Holiday Inn Express Project and The Chelsea Investment – Multifamily Unit Project
Mayor Nelson opened public comment on this item.

No one came forward to speak.

Mayor Nelson closed the public comment regarding this item.

Verbal Presentation Regarding City of Atwater Code Enforcement Activities (Code Enforcement Manager Garcia and Police Chief Salvador)
Code Enforcement Manager Garcia provided a PowerPoint Presentation regarding Code Enforcement activities in the City of Atwater.

Mayor Nelson opened public comment on this item.

No one came forward to speak.

City Council Meeting Action Minutes for September 23, 2024 Page 6 Mayor Nelson closed the public comment regarding this item.

PUBLIC HEARINGS:

Public Hearing for 2024 Edward Byrne Memorial Justice Assistance Grant (JAG) Program (Police Chief Salvador)
City Manager Hoem provided background information on this item.

Mayor Nelson opened the public hearing regarding this item.

No one else came forward to speak.

Mayor Nelson closed the public hearing.

MOTION: Mayor Pro Tem Raymond moved to adopt Resolution No. 3491-24, authorizing the grant application in the amount of $14,078.00 to the United States Department of Justice, Office of Justice Programs, Bureau of Justice Assistance’s 2024 Edward Byrne Memorial Justice Assistance Grant (JAG) Program; and authorizing and directing the City Manager to execute Grant Application, amendments, and all documents related to the grant, on behalf of the City, including administration, if awarded. 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.

CITY MANAGER REPORTS/UPDATES:

Update from the Office of the City Manager
City Manager Hoem reported the following:
• Provided an update regarding the Historical Society and an event that was attended.
• Request for Proposal was released for On-Call Cleanup Services. • Spoke regarding the water and sewer increase this calendar year.

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.

City Council Meeting Action Minutes for September 23, 2024 Page 7 Linda Dash spoke regarding the Economic Development Summit and thanked the staff.

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

Kory Billings spoke regarding the successful Senior Day at Community Center.

Resident spoke regarding Olive Road issue.

Jim Price spoke regarding the Economic Development Summit.

Mayor Nelson closed the public comment.

CITY COUNCIL REPORTS/UPDATES:

City Council comments
City Council Member Button spoke regarding the Fall Clean Up.

Mayor Pro Tem thanked Pastor Rich Miller.

City Council Member Cale thanked Code Enforcement.

City Council Member Ambriz thanked staff for the updates.

Mayor Nelson echoed all that the City Council spoke about in their closing comments.

ADJOURNMENT:

Mayor Nelson adjourned the meeting at 7:05 PM.

APPROVED:
________________________________

MIKE NELSON
MAYOR
ATTEST:
________________________________

JANELL MARTIN

ASSISTANT CITY CLERK

CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

October 14, 2024
TO: Mayor and City Council
FROM: Greg Thompson, Deputy City Manager/Community Development Director

PREPARED
BY:

Julia Coronado
SUBJECT: Approving Amendment No. 4 to the Professional Services Agreement with RSG, Inc. for the preparation of Development Impact Fee annual reports pursuant to the requirements of Assembly Bill 1600 (AB 1600) and the Mitigation Fee Act (Deputy City Manager/Community Development Director Thompson)

RECOMMENDED COUNCIL ACTION
Adoption of Resolution No. 3492-24, approving Amendment No. 4 to the Professional Services Agreement in a form approved by the City Attorney, with RSG, Inc of Vista, California for the preparation of the Development Impact Fee reporting requirements, in a total contract amount not to exceed $80,530, after the approved contract amendment of $29,820; and authorizes and directs the City Manager, or his designee, to execute the Agreement on behalf of the City.

I. BACKGROUND/ANALYSIS:

BACKGROUND:

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

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

The local agency must make the following information available to the public within 180 days after the fiscal year ends for each account or fund it establishes:

1. A brief description of the type of fee in the account or fund.

2. The amount of the fee.

3. The beginning and ending balance of the account or fund.

4. The amount of fees collected and interest earned.

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

Agenda Report - Approving Amendment No. 4 to the Professional Services Agreement with RSG, Inc. for the preparation of Development Impact Fee annual reports pursuant to the requirements of Assembly Bill 1600 (AB 1600) and the Mitigation Fee Act (Deputy City Manager/Community Development Director Thompson) Page 2

5. Details of each public improvement funded by the fees, including the amount spent and the percentage of the project funded by the fees.

6. If sufficient funds have been collected for an incomplete project, an estimated construction start date, whether the project began as scheduled, and reasons for any delay along with a revised start date.

7. Details of any interfund transfers or loans, including the public improvement they support and loan repayment terms.

8. Information on refunds issued, the number of recipients, and any reallocations.

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

ANALYSIS:

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

RSG recently prepared the annual reports for FY 2017-18, 2018-19, 2019-20, 2020-21, and 2022-23, as well as a five-year report for FY 2017-18 to 2021-22. City Council received and filed the first four annual reports and the five-year report on January 22, 2024, and received and filed the last annual report (FY2022-23) on March 25, 2024. In addition, the City desires to contract with RSG to prepare and complete the annual reports for fiscal year 2023-24 through 2025-26. An extension of time and additional cost allocation is necessary.

The proposed amendment increases the contract by an additional $29,820, with a maximum of $9,940 per year over a three-year term to cover the completion of reports for Fiscal Years 2023-24 through 2025-26.

II. FISCAL IMPACTS:

The amount of Amendment No. 4 is based upon a time-and-materials basis not to exceed $9,940 per year. Sufficient funding is available for the proposed amount for the scope of work and will be paid from 0001-4000-3030: General Fund, Community Development, Professional Services. This will bring the total contract amount to $80,530, of which $50,710.00 has already been expensed and invoiced at present time.

Agenda Report - Approving Amendment No. 4 to the Professional Services Agreement with RSG, Inc. for the preparation of Development Impact Fee annual reports pursuant to the requirements of Assembly Bill 1600 (AB 1600) and the Mitigation Fee Act (Deputy City Manager/Community Development Director Thompson) Page 3

III. LEGAL REVIEW:

The City Attorney has reviewed and approved the contract amendment.

IV. EXISTING POLICY:

This item is consistent with goal number one (1) of the City of Atwater 2020-2025 Strategic Plan: to ensure the city's continued financial stability.

V. ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

This item has been routed and reviewed by applicable departments.

VII. PUBLIC PARTICIPATION:

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

VIII. ENVIRONMENTAL REVIEW:

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

IX. STEPS FOLLOWING APPROVAL:

Upon approval of the City Council, Amendment No. 4 to the Professional Services Agreement will be routed to applicable City staff for signatures and execution of the agreement.

Submitted by:

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

Chris Hoem, City Manager

Agenda Report - Approving Amendment No. 4 to the Professional Services Agreement with RSG, Inc. for the preparation of Development Impact Fee annual reports pursuant to the requirements of Assembly Bill 1600 (AB 1600) and the Mitigation Fee Act (Deputy City Manager/Community Development Director Thompson) Page 4

Attachments:

1. Resolution - AB 1600

2. Amendment No. 4 to Contract-RSG AB1600

3. RSG Proposal_Atwater FY 2023-24 to 2025-26 AB 1600 Reporting (5.21.2024)

CITY COUNCIL
OF THE

CITY OF ATWATER
RESOLUTION NO. XXXX-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATWATER APPROVING AMENDMENT NO. 4 TO THE
PROFESSIONAL SERVICES AGREEMENT WITH RSG, INC.

FOR THE PREPERATION OF DEVEVLOPMENT IMPACT FEE

ANNUAL REPORTS PURSUANT TO THE REQUIREMENTS
OF ASSEMBLY BILL 1600 (AB 1600) AND THE MITIGATION
ACT
WHEREAS, AB 1600 (Mitigation Fee Act, 1998) codified as Section 66000 et seq. of the California Government Code, regulates how public agencies collect, maintain, and spend impact fees imposed on developers for the purpose of defraying costs of public facilities.

It includes requirements for annual accounting and reporting of the fees; and WHEREAS, RSG was hired by the City of Atwater (“City”) to provide consulting services to review and make recommendations in order to prepare the development impact fee (“DIF”) annual reports as well as five-year reporting requirements related to the requirements of Assembly Bill 1600 (“AB 1600”). The legal requirements of both the implementation and reporting requirements of DIF programs are found in Government Code Section 66006 and are collectively known as the Mitigation Fee Act; and WHEREAS, the City desires to contract with RSG to prepare and complete the annual reports for fiscal year 2023-24 through 2025-26.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atwater does hereby authorize the City Manager or his designee to execute amendment no. 4 to the professional services agreement in a form approved by the City Attorney, to RSG, Inc to prepare and complete the annual reports on a time-and-materials-basis not to exceed $9,940 per year.

Resolution No. XXXX-24 Page 2
The foregoing resolution is hereby adopted this 14th day of October 2024.

AYES:

NOES:

ABSENT:

APPROVED:

________________________________

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

Amendment No. 4 to Professional Services Agreement between October 14, 2024 City of Atwater and RSG, Inc. Page 1 of 10
AMENDMENT NO. 4 TO THE PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF ATWATER AND RSG, INC
This Amendment No. 4 to the Professional Services Agreement (“Amendment No. 4”) by and between the City of Atwater (“City”) and RSG, INC. (“Professional”) is entered into on October 14, 2024. City and Professional are hereinafter collectively referred to as the “Parties.”

RECITALS
WHEREAS, the Parties entered into a Professional Services Agreement dated June 30, 2021 (“Original Agreement”) for the purpose of completing the accounting requirements of the Mitigation Fee Act for the City’s Public Facility Development Impact Fee Program for fiscal years 2017-18 through 2022-23, and one five-year report (the “Project”); and WHEREAS, the Parties amended the Original Agreement in February 8, 2022 (“Amendment No. 1”) to extend the term and increase the compensation from $12,550 to $22,370.

WHEREAS, the Parties subsequently amended the Original Agreement a second time in April 25, 2023 (“Amendment No. 2”) to extend the term and increase the compensation from $22,370 to $37,210.

WHEREAS, the Parties subsequently amended the Original Agreement a second time in April 25, 2023 (“Amendment No. 3”) to extend the term and increase the compensation from $37,210 to $50,710.

WHEREAS, the Parties desire to further amend the Original Agreement for the purpose of extending the end date of the Original Agreement under Section 1.1, “Term of Services”; and
WHEREAS, Professional’s contract required more hours than anticipated due to additional meeting with the City, multiple reviews of documents, and unforeseen complexities that were not in the original scope of work; and WHEREAS, the Parties desire to further amend the Original Agreement, as previously amended, for the purpose of modifying the compensation amount on the contract under Section 2., “Compensation”, as set forth below; and NOW, THEREFORE, as of the Effective Date of this Amendment No. 4, the Original Agreement , as amended, is hereby amended as follows:

1. The Parties hereby agree to amend Section 1.1 “Term of Services,” by

Amendment No. 4 to Professional Services Agreement between October 14, 2024 City of Atwater and RSG, Inc. Page 2 of 10
modifying the end date from January 1, 2024 to December 31, 2026, as follows

1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on December 31, 2026. Professional shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8.The time provided to Professional to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8

2. The Parties hereby agree to amend Section 2 of the Original Agreement, “Compensation,” by modifying the compensation amount from a sum not to exceed $50,710.00 to a sum not to exceed $80,530.00, as follows:

Section 2. COMPENSATION. City hereby agrees to pay Professional a sum not to exceed $80,530.00, notwithstanding any contrary indications that may be contained in Professional’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Professional’s fee schedule regarding the amount of compensation, attached as Exhibit B, the Agreement shall prevail. City shall pay Professional for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Professional for services rendered pursuant to this Agreement. Professional shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Professional shall not bill City for duplicate services performed by more than one person.

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

3. Exhibit A-3 and Exhibit B-3 attached hereto, are hereby also incorporated into this Amendment No. 4, as attached hereto, and supplement “ Exhibit A” and “Exhibit B” and Exhibit A-1 and Exhibit B-1 to the Original Agreement.

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

Amendment No. 4 to Professional Services Agreement between October 14, 2024 City of Atwater and RSG, Inc. Page 3 of 10

5. This Amendment No. 4 may be executed in counterparts, each of which to be deemed an original, but all of which shall constitute the same Amendment No. 4. [SIGNATURES ON THE FOLLOWING PAGE]

Amendment No. 4 to Professional Services Agreement between October 14, 2024 City of Atwater and RSG, Inc. Page 4 of 10
IN WITNESS WHEREOF, the Parties have executed this Amendment No. 4 on the day and year first above written.

CITY OF ATWATER CONSULTANT
Chris Hoem Tara Matthews
City Manager Principal
RSG, Inc.

Attest:

Kory J. Billings
City Clerk
Approved as to form:

Frank Splendorio
City Attorney

Amendment No. 4 to Professional Services Agreement between October 14, 2024 City of Atwater and RSG, Inc. Page 7 of 10
EXHIBIT A-3

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

RSG would prepare the City’s Development Impact Reports for FY 2023-24 through 2025- 26 as required by the Mitigation Fee Act. It is anticipated that the proposed reports will be completed by November 30, 2024, and presented to City Council by December 9, 2024.

Task 1. Complete Reporting Documents. RSG will finish preparing the annual accounting requirements of the Mitigation Fee Act for the City’s Public Facility Development Impact Fee Program for fiscal year 2023-24 through 2025-26 (three years).

Additionally, RSG will request from the City pertinent financial reports and other necessary data related to each of the City’s DIF fees for FY 2023-24 through 2025-26 to complete that annual report.

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

Task 2. Staff Report. RSG will prepare the staff report and notice of availability for the City Council meeting agenda.

Amendment No. 4 to Professional Services Agreement between October 14, 2024 City of Atwater and RSG, Inc. Page 8 of 10
Task 3. Action Items for Compliance. RSG will prepare a list of outstanding action items that the City must take to fully comply with AB 1600 and the Mitigation Fee Act.

Amendment No. 4 to Professional Services Agreement between October 14, 2024 City of Atwater and RSG, Inc. Page 9 of 10
EXHIBIT B-3

FEE SCHEDULE
RSG proposes to provide the services described in the Scope of Services on a timeand- materials basis not-to-exceed $9,940 per year. Our fee is based upon an estimate of the number of hours needed for each task. The table below provides a generalized cost breakdown for the Fee Proposal.

If the tasks under the Scope of Services section are substantially changed in the future, RSG will notify the City and request a fee adjustment. Any revisions to the Scope of Services will be billed on a time-and-materials basis at the following hourly rates:

HOURLY BILLING RATES:

Amendment No. 4 to Professional Services Agreement between October 14, 2024 City of Atwater and RSG, Inc. Page 10 of 10

Amendment No. 3 to Professional Services Agreement between October 23, 2023 City of Atwater and RSG, Inc. Page 11 of 10
RSG does not charge clients for travel or mileage (except direct costs related to field work/surveys), parking, standard telephone/fax expenses, general postage or incidental copies. However, we do charge for messenger services, overnight shipping/express mail costs and teleconferencing services. We also charge for copies of reports, documents, notices, and support material in excess of five (5) copies. These costs are charged back at the actual expense plus a 10% surcharge.

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

May 21, 2024 Via Electronic Mail
Greg Thompson, Interim City Manager

CITY OF ATWATER
750 Bellevue Road
Atwater, CA 95301
PROPOSAL FOR PREPARATION OF FISCAL YEAR 2023-24 TO 2025-26 ANNUAL

DEVELOPMENT IMPACT FEE REPORTS
Dear Mr. Thompson:

RSG, Inc. (“RSG”) is pleased to present this proposed scope of work and budget to prepare the City of Atwater’s (“City”) development impact fee (“DIF”) annual reports pursuant to the requirements of Assembly Bill 1600 (“AB 1600”) and the Mitigation Fee Act (Government Code Section 66000). Per City staff’s request, RSG is proposing a three-year term to cover the reports for Fiscal Years (“FY”) 2023-24 to 2025-26.

In accordance with the Mitigation Fee Act, the 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. The City identified and updated fees charged to new development to fund several public facilities, including the following:
• Water facilities;
• Wastewater facilities;
• Transportation facilities;
• Parks and recreation improvements;
• Public safety facilities;
• Fire protection facilities; and
• General government capital facilities.

Pursuant to the Mitigation Fee Act, the City annually prepares a capital improvement plan (“CIP”) in conjunction with the City’s annual operating budget that identifies a schedule of improvements necessary to accommodate projected growth from new development. The CIP classifies the intended use of each of these fees and outlines the budgets for revenue from these fees. The Mitigation Fee Act requires that fees collected for each capital facility be deposited in separate accounts and not commingled with other funds. The City must prepare an annual report within 180 days after the last day of the fiscal year. The Mitigation Fee Act also requires that for the fifth fiscal year following the first deposit into each public improvement fund, and every five years thereafter, the City must make several findings for funds remaining in each development impact fee account.

2 To assist in bringing the City into compliance with the requirements outlined in the Mitigation Fee Act, RSG recently prepared the annual reports for FY 2017-18, 2018-19, 2019-20, 2020-21, and 2022-23, as well as the five-year report for FY 2017-18 to 2021-22. City Council received and filed the first four annual reports and the five-year report on January 22, 2024, and received and filed the last annual report (FY 2022-23) on March 25, 2024. At this time, the proposed scope of work includes preparing the annual reports for FY 2023-24 through 2025-26.

We look forward to continuing our work on this engagement with the City. If you have any questions, please contact Tara Matthews at (714) 316-2111 or [email protected].

Sincerely,
RSG, INC.

Tara Matthews
Principal

SCOPE OF WORK
RSG would prepare the City’s DIF reports for FY 2023-24 through 2025-26 as required by the Mitigation Fee Act. It is anticipated that the proposed reports will be completed by late November and presented to City Council in December of each respective year.

Task 1. Complete Reporting Documents. RSG will prepare the annual reports for FY 2023-24 through 2025-26, which will include the following information in accordance with AB 1600 and the Mitigation Fee Act:
• Description of the type of fee in each account or fund; • Amount of the fee;
• Beginning and ending balance of the account or fund;
• Amount of the fees collected and the interest earned; • Identification of each public improvement on which fees were expended and the amount of each expenditure;
• Identification of the approximate date by which the construction of the public improvement will commence;
• Description of any interfund transfer or loan and the public improvement on which the transferred funds will be expended;
• Amount of refunds made and any allocations of unexpended fees that are not refunded.

Task 2. Staff Report. RSG will annually prepare the staff report for the City Council meeting agendas.

Task 3. Action Items for Compliance. RSG will annually prepare a list of any outstanding action items that the City must take to fully comply with AB 1600 and the Mitigation Fee Act.

PROJECT TEAM
To provide the best services, RSG dedicates at least one Principal and one Project Manager to each project and creates a core group of people that works with each client on a consistent basis throughout all stages of the assignment. We employ a passionate and talented team of associates and analysts, who blend an understanding of each client’s situation with our expertise in researching, analyzing, modeling, and ultimately developing recommendations and results.

Ms. Tara Matthews will continue the role of Principal-in-Charge for this engagement. Ms.

Matthews will continue to be assisted by Dominique Clark, Director, and Dawna Morse, Associate and Project Manager. Additionally, other RSG staff may be assigned as needed. Staff

4 resumes can be found on our company website under the following link:
rsgsolutions.com/meet-team/.

FEE PROPOSAL & COMPENSATION RATES
RSG proposes to provide the services described in the Scope of Services on a time-andmaterials basis not to exceed $9,940 per year. Our fee is based upon an estimate of the number of hours needed for each task. The table below provides a generalized cost breakdown for the Fee Proposal.

If the tasks under the Scope of Services section are substantially changed in the future, RSG will notify the City and request a fee adjustment. Any revisions to the scope of services outlined above will be billed on a time-and-materials basis at the following hourly rates:

Principal $ 295
Director $ 275
Senior Associate $ 225
Associate $ 195
Senior Analyst $ 160
Analyst $ 145
Research Assistant
Technician
Clerical
$ 135
$ 100
$ 60
Reimbursable
Expenses Cost plus 10%
RSG does not charge clients for travel or mileage (except direct costs related to field work/surveys), parking, standard telephone/fax expenses, general postage or incidental copies.

However, we do charge for messenger services, overnight shipping/express mail costs and teleconferencing services. We also charge for copies of reports, documents, notices, and support material in excess of five (5) copies. These costs are charged back at the actual expense plus a 10% surcharge.

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

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

Principal Director Associate Senior
Analyst
$295 $275 $195 $160
Task 1: Prepare Annual Report 1 3 8 20 $ 5,880
Task 2: Staff Report 1 1 3 3 $ 1,635
Task 3: Action Items for Compliance 1 2 4 5 $ 2,425
TOTAL 3 6 15 28 $ 9,940
Task Total

CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

October 14, 2024
TO: Mayor and City Council
FROM: Anna Nicholas, Finance Director

PREPARED
BY:

Anna Nicholas, Finance Director
SUBJECT: Awarding a Professional Services Agreement to Willdan Financial Services for Comprehensive User Fee Study, Development Impact Fee Study & Full Cost Allocation Plan (Finance Director Nicholas)

RECOMMENDED COUNCIL ACTION
Adoption of Resolution No. 3493-24 approving the award of a Professional Services Agreement, in a form approved by the City Attorney, to Willdan Financial Services to conduct and complete a Comprehensive User Fee Study, Development Impact Fee Study, & Full Cost Allocation Plan in an amount not to exceed $102,625; and authorizes and directs the City Manager, or his designee, to execute said agreement on behalf of the City.

I. BACKGROUND/ANALYSIS:

As part of the annual budgeting process this year, the City identified a key project that needs to be completed during Fiscal Year (FY) 2024-25. The project consists of three major components: Comprehensive User Fee Study, Development Impact Fee Study, and a Full Cost Allocation Plan. On July 29, 2024, the City issued the Request for Proposal (RFP) for the project that includes all three components. The issued RFP contained a detailed objective of the three project components, a tentative selection timeline and the criteria to be used, of which prospective respondents would be evaluated.

A selection committee was formed to vet the responses to the RFP. The review process included interviews conducted virtually with all five companies that provided a response to the RFP. After a thorough review of the five proposals received, the selection committee selected Willdan Financial Services to complete the project for the City. Also, the proposal received by Willdan Financial Services was the lowest in cost of the five proposals. The proposed cost for all components of the project is less than the amount budgeted for FY 2024-25; therefore, at this time no budget amendments are required.

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

Agenda Report - Awarding a Professional Services Agreement to Willdan Financial Services for Comprehensive User Fee Study, Development Impact Fee Study & Full Cost Allocation Plan (Finance Director Nicholas) Page 2

The full breadth of each project component can be located in the 'Proposed Scope of Services' located in Exhibit A of the attached agreement. Best practices utilized by government agencies for Cost Allocation Plans and Comprehensive User Fee Studies include having the studies done every five years by a contracted specialized consulting firm, such as Willdan Financial Services and the like. In the interim years, cities will apply a designated cost escalator such as the Consumer Price Index (CPI) measure to maintain optimal and adequate cost recovery. If there have been substantial changes in work practices, municipal operations, service additions, or other activity that would warrant a study to be done sooner than five years, then the study should be completed as necessary. This is best practice to ensure fees are appropriately set for cost recovery and legal compliance. For the Development Impact Fee Study, local governments must comply with Assembly Bill (AB) 602, which went into effect January 1, 2022. One of the many requirements of AB 602 is the completion of a development impact fee nexus study every eight years. The nexus study is a necessary task to demonstrate how government agencies set impact fees. Once completed, the final product of fee studies will be brought forward for City Council review and approval, following any applicable noticing and legal requirements.

II. FISCAL IMPACTS:

The total all-inclusive fixed fee price for the proposed services is $102,625. This amount includes the cost of services for completion of the Full Cost Allocation Plan, the Comprehensive User Fee Study, and the Development Impact Fee Study. This item has been budgeted for in the FY 2024-25 budget and will be paid from the following funds:

ARPA Fund 1010, Water Fund 6000, and Wastewater Fund 6010.

The item has been reviewed by the Finance Director.

III. LEGAL REVIEW:

This item, and all pertinent documents, has been reviewed by the City Attorney.

IV. EXISTING POLICY:

The most recent Strategic Plan, 2023-2025, identifies six goals of the City Council. This project will directly and indirectly support the continued achievement of all six goals.

V. ALTERNATIVES:

The City Council could choose not to award the contract and provide further direction.

VI. INTERDEPARTMENTAL COORDINATION:

This item has been reviewed by all pertinent departments. The execution of this project will include continued department participation.

VII. PUBLIC PARTICIPATION:

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

Agenda Report - Awarding a Professional Services Agreement to Willdan Financial Services for Comprehensive User Fee Study, Development Impact Fee Study & Full Cost Allocation Plan (Finance Director Nicholas) Page 3

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 environment, pursuant to the 21065 Public Resources physical change in the Code section.

IX. STEPS FOLLOWING APPROVAL:

Following approval of this item, the Professional Services Agreement will be executed and completed through the proposed scope of services.

Submitted by:

Anna Nicholas, Finance Director
Approved by:

Chris Hoem, City Manager
Attachments:

1. Resolution - Comprehensive User Fee Study, Development Impact Fee Study, and a Full Cost Allocation Plan

2. Atwater CAP UF DIF Agreement_WFS Executed_Oct 2024

CITY COUNCIL
OF THE

CITY OF ATWATER
RESOLUTION NO. XXXX-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ATWATER APPROVING A PROFESSIONAL SERVICES

AGREEMENT WITH WILLDAN FINANCIAL SERVICES, INC

TO CONDUCT AND COMPLETE A COMPREHENSIVE USER

FEE STUDY, DEVELOPMENT IMPACT FEE STUDY, & FULL

COST ALLOCATION PLAN
WHEREAS, the City identified a key project that needs to be completed during Fiscal Year (FY) 2024-25. The project consists of three major components: Comprehensive User Fee Study, Development Impact Fee Study, and a Full Cost Allocation Plan. On July 29, 2024, the City issued the Request for Proposal (RFP) for the project that includes all three components. The issued RFP contained a detailed objective of the three project components, a tentative selection timeline and the criteria to be used, of which prospective respondents would be evaluated; and
WHEREAS, A selection committee was formed to vet the responses to the RFP. The review process included interviews conducted virtually with all five companies that provided a response to the RFP. After a thorough review of the five proposals received, the selection committee selected Willdan Financial Services to complete the project for the City. The proposed cost for all components of the project is less than the amount budgeted for FY 2024-25; therefore, at this time no budget amendments are required; and
WHEREAS, The full breadth of each project component can be located in the 'Proposed Scope of Services' located in Exhibit A of the agreement. Best practices utilized by government agencies for Cost Allocation Plans and Comprehensive User Fee Studies include having the studies done every five years by a contracted specialized consulting firm.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atwater does hereby authorize the City Manager or his designee to execute a professional services agreement in a form approved by the City Attorney, to Willdan Financial Services, Inc to conduct and complete a Comprehensive User Fee Study, Development Impact Fee Study, & Full Cost Allocation Plan in an amount not to exceed $102,625.

Resolution No. XXXX-24 Page 2
The foregoing resolution is hereby adopted this 14th day of October 2024.

AYES:

NOES:

ABSENT:

APPROVED:

________________________________

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

CITY OF ATWATER

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of October 15, 2024 by and between the City of Atwater, a public agency organized and operating under the laws of the State of California (“City”), and Willdan Financial Services, Inc., a Corporation with its principal place of business at 27368 Via Industria, Suite 200, Temecula, CA 92590 (hereinafter referred to as “Consultant”).

City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:

Comprehensive User Fee Study, Development Impact Fee Study and Full Cost Allocation Plan (hereinafter referred to as “the Project”).

B. Consultant is duly licensed and has the necessary qualifications to provide such services.

C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A
Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “B
b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $102,625.00. This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses.

Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.

2. Additional Work.

If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the

scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.

3. Maintenance of Records.

Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.

4. Term.

The term of this Agreement shall be from October 15, 2024 to June 30, 2025, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”). The Notice to Proceed shall set forth the date of commencement of work.

Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”).

The Notice to Proceed shall set forth the date of commencement of work.

5. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; pandemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint. b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.

6. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

7. Standard of Care; Performance of Employees
a. Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care

and skill ordinarily exercised by members of the profession currently practicing under similar conditions.
b. Consultant’s employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Consultant 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 a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

8. Assignment and Subcontracting
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subcontractors as Consultant may deem appropriate to assist in the performance of services hereunder.

9. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.

10. Insurance
Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section.
a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:

(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted (7) Contractual Liability with respect to this Agreement (8) Property Damage
(9) Independent Contractors Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
c. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.

(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.
d. Professional Liability (Errors and Omissions)
(i) At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend.
e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 combined single limit
Employer’s Liability $1,000,000 per accident or disease Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
f. Evidence Required
i. Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage

of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subconsultants. (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:

(1) Each such policy shall be from a company or companies with a current A.M.

Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
j. Subconsultant Insurance Requirements
Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

11. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not

be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

12. California Labor Code Requirements.
a. Consultant 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 “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, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant 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 Consultant and all subconsultants 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.
b. 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 Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, 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.
c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant 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 Consultant or any subcontractor.

13. Safety.

Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life-saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

14. Verification of Employment Eligibility.

By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and subsubconsultants to comply with the same.

15. Laws and Venue.

This Agreement shall be interpreted in accordance with the laws of the State of California.

If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in at the Superior Court of California for the County of Merced.

16. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.

17. Ownership of Documents and Confidential Information. a. All deliverables and other documents generated by Consultant in the performance of the Services, including all work papers, work-in-progress, designs, drawings, documents, data, computations, specifications, studies and reports prepared by Consultant as a part of the Services or authorized Additional Services (“Consultant Work Product”) shall belong to and be subject to the sole ownership and use of City. b. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, drawings and specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City. c. During the course of the performance of this Agreement, Consultant may receive written or verbal information from City, its representatives or agents, not in the public domain. Such information may include City’s know how, trade secrets, and other proprietary and confidential information and Consultant agrees to treat such information as confidential information belonging to City. Consultant agrees that neither it, nor its officers, employees, representatives, agents, successors, or assigns, will disclose such information to any third party or use the same in any manner without the prior written consent of City. Moreover, Consultant agrees to safeguard such proprietary and confidential information from unauthorized disclosure and/or use using the same degree of care it uses to protect its own proprietary and confidential information, but not less than a reasonable standard of care. In the event that disclosure of such information is sought pursuant to any law or regulation, Consultant shall promptly notify City of such fact to allow City to assert whatever exclusions or exemptions may be available to it under applicable law or regulation.

18. Organization
Consultant shall assign the Finance Director as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

19. Limitation of Agreement.

This Agreement is limited to and includes only the work included in the Project described above.

20. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:

CITY:
1160 Fifth Street
Atwater, CA 95301
Attn: City Manager
[email protected]
CONSULTANT:
27368 Via Industria, Suite 200
Temecula, California 92590
Attn: Chris Fisher
[email protected]

and shall be effective upon receipt thereof.

21. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.

22. Equal Opportunity Employment.

Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

23. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto.

This is an integrated Agreement.

24. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the remaining provisions unenforceable, invalid or illegal.

25. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

26. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either Party, unless such waiver is specifically specified in writing.

27. Time of Essence
Time is of the essence for each and every provision of this Agreement.

28. City’s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

29. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. [SIGNATURES ON FOLLOWING PAGE]

SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN CITY OF ATWATER
AND WILDAN FINANCIAL SERVICES, INC.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF ATWATER CONSULTANT
By: By: _______________________________
Christopher Hoem, City Manager Chris Fisher, Vice President/Director Date:_______________________________ Date: October 8, 2024 ATTEST:

By:

Kory J. Billings, City Clerk
APPROVED AS TO FORM:

By:

Frank Splendorio, City Attorney

EXHIBIT A
Scope of Services

Comprehensive User Fee Study, Development Impact Fee Study, & Full Cost Allocation Plan 25 City of Atwater, California

5. Proposed Scope of Services
Work Plans
Our proposed work plans, described in detail by task, are provided below. We explain how each task will be accomplished and identify associated meetings and deliverables. We want to ensure our scopes of work provides quality and clarity and is responsive to the City’s needs and specific local circumstances. We will work in concert with the City to adjust scopes as needed during the course of the studies.

Full Cost Allocation Plan
This proposed scope of services addresses the completion of both the full and OMB compliant versions of the Cost Allocation Plan (CAP). We have noted where activities specific to the OMB compliant plan occur.

Task 1: Initial Document Request
Objective: Initial due diligence.

Description: Prior to the kick-off call, relevant documentation will be obtained and reviewed. As necessary, specific data may be requested to better understand any changes that have occurred withing the City’s internal structure since our completion of the previous CAP. A written request for specific data will be sent to the City. The data provided in this task will provide the building blocks for later model development.

Our request may include (but is not limited to):
▪ Detailed budget and accounting data;
▪ Data related to various allocation bases that may be used in the study and incorporated as part of the methodology, i.e., City Council agenda frequencies by department, AP/AR transactions by department, IT equipment distribution by department, etc.;
▪ Prior year’s financial data, salary, position, and staffing data; ▪ Prior cost allocation plan and/or user fee documentation and models; and ▪ Organizational structure.

Deliverables: Willdan: Submit information request to City.

City: Provide requested data to Willdan (prior to Task 2, Kick-off Call/Refine Scope). We will follow up with the City to confirm in writing the data that we have received, or which is still outstanding.

Task 2: Kick-off Conference Call / Refine Scope
Objective: Confirm project goals and objectives. Identify and discuss policy matters related to the study and determine appropriate fee categories.

Description: Willdan will begin this portion of the project with a discussion of the City’s exiting Cost Allocation Plan or methodology if available. We will identify and discuss policy implications typically raised in conjunction with these studies and address data gaps in order to gain a full understanding of the City’s goals for the cost allocation plan. We will establish effective lines of communication and processes for information gathering and review. We will also discuss costs that may not be allocable for OMB purposes, and the potential impact on the OMB version of the CAP.

During this call, we will ask that the City assign a project manager to serve as its primary contact. The selected City project manager will ensure that available data is provided to Willdan in a timely manner, thereby maintaining adherence to the project’s schedule.

We will obtain and review the current cost allocation methodology and discuss with City staff. The objective of this review is to determine specific areas of focus as they relate to the City’s objectives, and to discuss and evaluate current and potential cost categories, allocation factors, and methodology.

Meetings: One (1) project kick-off conference call to initiate the project, discuss data needs and methodologies and to address policy issues. We would propose conducting the user fee study kick-off during this same call, to maximize efficiency and cost effectiveness of staff and Willdan time.

Deliverables: Willdan: If needed, a revised project scope and schedule.

City: Provide further data requirements and select / introduce City’s project manager.

Comprehensive User Fee Study, Development Impact Fee Study, & Full Cost Allocation Plan 26 City of Atwater, California
Task 3: Gather Staffing Information and Develop/Update Cost Allocation Plan Model Description: This task involves the gathering of specific information, directly from City staff, through interviews and discussion, related to the functions served by indirect staff and the departments served by their activities.

This task also focuses on the development of, and/or adjustment of existing, allocation bases, and the development and testing of a model that will ultimately be used to calculate the proper cost allocations derived from data gathered in prior tasks.

We will develop a model that reflects current practices and service models and structures within the City and identifies the total costs of providing indirect overhead support services and allocates them to operating groups and functions.

The model will also be developed to allocate only those costs eligible under Title 2 CFR Part 200. This is accomplished by loading relevant data into the model, identifying which costs are not allocable under the OMB guidelines. The OMB Super Circular compliant model is valuable as the City may receive Federal or State grant funding that mandates compliance with Federal OMB regulations.

The model will include flexibility to add or delete support service and/or operating groups as changes occur and also the ability to adjust the model and the results annually for inflation, salary, and benefit increases, as well as contract rates.

We will utilize budget and organizational information, and other required information gathered from City staff to complete the work in this task. Specific discussions will be held to discuss allocation bases, services provided by indirect groups, how central overhead services are provided to and utilized by other departments, cost categories and allocation criteria, and how these will factor into the overall cost allocation methodology.

The model and methodology will produce indirect cost rates and overhead percentages. These rates will be used to develop the full hourly cost of City Staff and will be suitable for a variety of uses, including incorporation into the User Fee Study’s fully burdened personnel rates, billing to CIP projects, and in the OMB Super Circular compliant CAP, to Federal grants.

Meetings: Online meetings with staff to understand structure and operations as model and allocation bases are developed. Key staff will be interviewed to best understand central overhead staffing and functions and the departments served.

Deliverables: Willdan: One (1) user-friendly model in Microsoft Excel format that provides both a full cost allocation plan and an OMB Super Circular compliant cost allocation plan.

Task 4: Test and Review Cost Allocation Methodology
Objective: Test and review model and results with City.

Description: The draft cost allocation plan model will be reviewed with City staff, and adjusted as necessary, to ensure that preliminary allocations provide an accurate depiction of how the central overhead costs should be borne by the operating programs and funds.

Over the past several years, we have successfully integrated online meetings by using WebEx™ as an element to our approach. This allows us to remotely guide staff through the model review and allows you the opportunity to interactively change inputs and test approaches.

Meetings: One (1) online meeting and demonstration with City Staff and Management to review the model, and present to the City’s management group for feedback.

Deliverables: Willdan and City: Draft cost allocation plan model review.

Task 5: Prepare and Present Draft Report
Objective: Prepare the draft cost allocation report.

Description: This task involves the draft report preparation.

The cost allocation plan’s background, model methodologies, and results will be discussed; calculations and supporting data will be presented textually and in easily understood tables and provided to the City.

Meetings: One (1) virtual meeting to present the draft report to City Staff and assist in presenting the results to the City’s management group for review and feedback.

Comprehensive User Fee Study, Development Impact Fee Study, & Full Cost Allocation Plan 27 City of Atwater, California
Deliverables: Willdan: Draft report for City review and input.

City: Review of draft report, with comments, and edits.

Task 6: Discuss and Revise Report
Objective: Review of draft report, cost distribution methods, and model.

Description: An in-depth review of the draft report and model will be conducted to arrive at an optimum allocation method for each expenditure type. Often, through the course of an engagement, comments usually revolve around issues of understandability; appropriate levels of enterprise funds’ cost recovery, etc.; ease of calculation; and overhead costs’ distribution methods.

Our reports are structured to include both the full and OMB compliant plan, but in the course of review if a separate report is desired for each or just one of the plans, they will be split.

Following a round of comments from City Staff and Management concerning the draft report, the final report will be prepared for presentation to the Council.

Meetings: One (1) conference call with City staff to review the report with changes and revisions.

Deliverables: Draft report, and revised draft/final report.

Task 7: Prepare and Present Final Report and Model
Objective: Prepare and present the final report to City Council. Educate City staff on the operation and use of the model for future modifications.

Description: This task is the culmination of the cost allocation plan project. Based on staff comments on the draft report, Willdan will prepare the final report for presentation to Finance Director, City Manager, City Staff, and City Council.

Meetings: One (1) meeting to assist the City’s management group with the presentation of the results and plan to the City Council. This meeting would be held in conjunction with the presentation of the User Fee study results.

We will also provide staff instruction on the operation and use of the model.

Deliverables: Willdan: Provide one (1) electronic PDF file copy of the final report, on USB, and models and twenty (20) bound copies to the City. Using Microsoft Word and Excel, an updateable electronic copy of the study and models, as well as related schedules, will also be provided on CD/ROM.

Comprehensive User Fee Study
Task 1: Initial Document Request
Objective: Initial due diligence; obtain study-related data.

Description: Prior to the kick-off meeting, we will obtain and review relevant documentation to further enhance our understanding of the services, fees, and rates to be studied. A written request for data will be sent to the City. Please note that Time Survey data is not part of this request and will be gathered during the interviews described in Task 5.

We will request information and documentation on current fees and fee programs, activity levels, and budget and staffing information (to the extent not already available) related specifically to programs and activities which have associated fees, and for which the City has this level of detail.

Deliverables: Willdan: Submit information request to City.

City: Provide requested data to Willdan (prior to Task 3, Kick-off Meeting/Refine Scope). As with the cost allocation plan, we will follow up with the City to confirm receipt of requested data and information and highlight data elements that are outstanding.

Task 2: Compile Inventory of Current and Potential Fees Objective: Willdan will identify a schedule of fees and methodology for calculating the fees.

Description: Based on the results of the initial document request and independent research, incorporate into our model the existing fees, provided by the City, to comprise the parameters of the fee study.

Meetings: It is possible that a conference call with the City may be necessary to discuss new fees to implement or existing fees that may no longer be required.

Comprehensive User Fee Study, Development Impact Fee Study, & Full Cost Allocation Plan 28 City of Atwater, California
Deliverables: Willdan: One (1) draft list of current fees based on initial data provided (to be discussed and finalized during the kick-off call).

City: Review completed fee schedule with comments/revisions to be discussed during the kick-off meeting.

Task 3: Kick-off Conference Call / Refine Scope
Objective: Confirm goals and objectives for the User Fee Study. Identify and policy matters typically related to a User Fee Study, address gaps in data, and refine appropriate existing or new fee categories (based on Task 2).

Description: Verify our understanding of the City’s goals, the City’s cost-recovery policy for user fees, and to fill any gaps in data/information necessary for the project. It is important for the City and Willdan to identify and address any foreseeable problems and maintain open communication throughout the process.

During this call, we will ask that the City identify a project manager who will serve as the primary contact for the project. The project manager shall have responsibility for ensuring that all available data is provided in a timely manner, thereby maintaining adherence to the project’s schedule.

Meetings: One (1) project kick-off call to initiate the entire project, discuss data needs, and address policy implications. This will be held in conjunction with the kick-off for the cost allocation plan. As mentioned in the cost allocation plan work plan, we suggest combining the kick-off calls to increase efficiency.

Deliverables: Willdan: 1) Revised project scope and schedule (if needed); and 2) brief summary of policy decisions (if needed).

City: 1) Provide further data needs; and 2) determine/introduce City’s project manager.

Task 4: Develop User Fee Model
Objective: Develop and test model.

Description: This task involves the development of the model ultimately used to calculate the fees, based on data and information gathered in previous tasks and in the Time Survey Interviews described in Task 5. To ensure that City policies are met through the imposition of the calculated fees, the model will be formatted to include appropriate costs.

Key model inputs will include staff and allocated overhead costs per position, and relevant budget data on salaries and benefits. Most of this information will be developed during the cost allocation plan phase of this project and will be incorporated directly into the user fee model. We will request clarification and/or additional data if necessary.

The model will build upon the cost allocation plan results, to provide an allocation of administrative and overhead costs to fee related activities and departments providing services to customers, so that fees and billable rate schedules incorporate applicable costs. Furthermore, the fees and rates charged to customers will also reflect the cost of the services being provided, to the extent possible given policy and/or political considerations.

Deliverables: Willdan: One (1) user-friendly model in Microsoft Excel format, which, when finalized, City staff can use to calculate fee changes annually, or as often as deemed appropriate by the City Council.

Task 5: Time Survey Interviews and Information Gathering Objective: Meet with City staff to complete time surveys, gather data and information necessary to understand service delivery processes.

Description: In order to assist staff with the completion of the survey worksheets, we will schedule one (1) day of meetings with staff; however, the number of meetings needed may vary depending on the number of staff and departments involved.

The Willdan Team will conduct interviews with supervisors/managers, as well as other staff, as deemed appropriate and/or necessary, from each organization involved in the user fee study to determine the average time required by City staff to provide each of the services for which a fee is collected.

The fee model is designed so that full cost recovery fees are calculated immediately upon input of staff time. These full costs are also compared to current cost recovery levels.

This will allow Willdan and City staff to conclude with a final meeting to review the draft full cost recovery fees and adjust any times as necessary once all information has been compiled and input into the fee model. We will schedule the interviews with staff to minimize any disruption to their normal workflow.

Comprehensive User Fee Study, Development Impact Fee Study, & Full Cost Allocation Plan 29 City of Atwater, California
Meetings: One (1) business day of meetings/staff interviews. Depending upon circumstances and availability, we may discuss the option with City Staff of conducting these meetings via WebEx or Zoom. In recent years city staff have become familiar and comfortable with virtual meeting methods, and there are advantages to this approach. We can share our fee model during the meeting to review data inputs and needs, clarify questions, demonstrate results and make on-the-fly adjustments.

Virtual meetings also provide more flexibility in scheduling, and scheduling in much shorter term, as opposed to getting everyone available on a single day. In person meetings can have value, and are preferred by some cities, so we will discuss both options and proceed based on the City’s preference.

Deliverables: Willdan and City: Time surveys and draft full cost recovery fees.

Task 6: Data Analysis and Final User Fee Schedule
Objective: Incorporate information obtained from interviews to fully develop model, calculate the full cost of service and compare full cost to current level of cost recovery.

Description: We will update the model, based on information received during the interviews, to generate a comprehensive user fee schedule. In addition, it is very common that a supplemental data request may be necessary, based on new fees identified that the City is not currently collecting.

Where appropriate, we will suggest and discuss with staff alternate approaches to existing fee programs (i.e., building fees) and suggest potential areas where fees could be collected where they are not currently.

We will calculate and present the full cost recovery level for fees, both current and projected under the new calculated fees, and revenue projections, given certain assumptions about the levels of subsidy for different fees.

Current levels of cost recovery will be compared to actual full costs calculated during the course of this study. Cost will be calculated at reasonable activity levels and include all appropriate direct and indirect costs and overhead. We will review fee programs for compliance with Propositions 218 and 26 in developing the fee schedule, we will make recommendations for new fees where appropriate, based on our experience with other cities. Some areas for new fees may be due to changes in law (legalized cannabis), or for activities that the City finds itself performing regularly, but for which no fee is collected.

The model will include provision for inflationary adjustments for appropriate costs, i.e., personnel and/or contractor rates associated with fee-based activities.

We will also evaluate deposit-based fees for recommended improvements, deposit levels, or other suitable structures.

The user fee data analysis and model development may take three (3) to four (4) weeks with frequent correspondence with City staff to discuss current cost recovery amounts, necessary to recover full cost and frequency activity.

Meetings: One (1) meeting, as necessary, to gather additional input, complete analysis and finalize fee schedule.

Please see the note in Task 5 regarding in-person meetings.

Deliverables: Final user fee model for City Council presentation and discussion.

Task 7: Common Fees Comparison
Objective: Examine selected user fees charged by up to five (5) comparable cities in Merced County, or jurisdictions that are similar to the City of Atwater. Where practical, we will utilize the same comparisons from the previous study for continuity and consistency.

Description: We will access and use our knowledge of other jurisdictions to benchmark the City’s five (5) most common fees or highest yielding fees with comparable jurisdictions agreed.

Fee schedules are rarely readily or directly comparable from agency to agency due to definitional and operational differences. For example, a grading permit in one jurisdiction may include the plan check service, while the same permit in another jurisdiction may not, resulting in similar sounding services with widely varying costs. For this reason, where possible, Willdan will develop comparisons for prototype projects that include applicable fees (i.e., compare the fee burden for a standard residential home, or a 5,000 sq. ft. commercial building) or take a selection of the City’s most commonly used and/or highest yielding fees.

Comprehensive User Fee Study, Development Impact Fee Study, & Full Cost Allocation Plan 30 City of Atwater, California
The survey will contain the following, a comparison of common or similar fees and charges used by the City and other jurisdictions; current and proposed fees and charges unique to the City of Atwater; fees and charges used by other public entities not currently used in the City; and If possible, identify characteristics and processes unique to the City that account for significant variances in fees and charges used by other jurisdictions.

Deliverables: Willdan: Recommendations provided in Task 8 will incorporate the data gathered during our examination.

Task 8: Prepare and Present Draft Report
Objective: Prepare draft report.

Description: This task involves the preparation of the draft report that discusses the study’s background, the methodologies utilized in the study, and the results and presentation to various stakeholder groups. As noted below, meetings may occur during this or the next task as appropriate. The calculations used to generate the user fee study will be included textually, as well as in easy-to-understand tables.

Individual fee summaries by department and a comprehensive fee schedule will be included.

The draft report will include the following:
▪ Key results and findings;
▪ Basic descriptions of each service;
▪ Projections of potential fee revenue;
▪ Calculation of full cost of services, with costs broken down graphically into indirect and direct components, with a graphic display of the level of cost recovery; ▪ Current fees, as well as fee recommendations with associate levels of cost recovery; ▪ The full cost of each service and current cost recovery levels; ▪ Fee comparisons with other cities from Task 7;
▪ As appropriate, recommend alternative methodologies for building permit fee calculation; and ▪ Summary and recommendations.

The objective of the report is to communicate the recommendation of appropriate fees, which include the appropriate subsidy percentage for those fees where full cost recovery may be unrealistic.

Meetings: One (1) meeting with City staff and the City’s management group, to present draft results, address questions and receive feedback.

Deliverables: Willdan: Draft report for City review and comment.

City: Review of draft report, with comments and edits.

Task 9: Revise Draft Report/Determine Cost Recovery Levels for Recommended Adoption Objective: Review of draft report and fee model.

Description: The goal of this task is to conduct an in-depth review of the draft report and model, incorporate feedback from Task 8, and changes as a result of previous discussions, and arrive at an optimum fee structure.

Appropriate fees and charges will be discussed and recommendations provided, based on the analysis conducted in Task 6, consideration of City policy objectives related to fee-setting, cost recovery and subsidies, and in discussion with City Staff.

Often through the course of an engagement, City staff will volunteer insightful likes and dislikes regarding the existing fee structure. We listen to this feedback carefully because your staff members know the community best. Comments usually revolve around issues of:
▪ Understandability;
▪ Fairness to applicants;
▪ Ease of calculation;
▪ Appropriate levels of subsidy and cost recovery; and
▪ Full cost recovery hourly rates.

When adjusting fee recovery levels, we believe it is important to address these concerns.

Following one (1) round of comments and feedback from City staff on the draft report, we will prepare the final report for presentation to the City Council.

Comprehensive User Fee Study, Development Impact Fee Study, & Full Cost Allocation Plan 31 City of Atwater, California
Meetings: One (1) online demonstration (WebEx) to review the report and model, with any revisions.

Deliverables: Draft report, revised draft /final report.

Task 10: Prepare and Present Final Report/Instruct Staff on Model Objective: Prepare and present final report to City Council. Instruct staff on the operation and use of the model for future modifications.

Description: This task is the culmination of the entire project. Based on staff comments received regarding the draft report, we will prepare the final report for presentation.

Meetings: One (1) meeting with the City Council to present the results and adopt the updated fee schedule. One (1) meeting with City Staff to provide instruction on the operation and use of the model on the same day, during regular business hours. We will also consult with the City as necessary to address questions related to the User Fee Study, or to defend the Study as the result of a challenge.

Deliverables: Provide one (1) electronic PDF file copy of the final report, on USB, and models and twenty (20) bound copies to the City. Using Microsoft Word and Excel, an updateable electronic copy of the study and models, as well as related schedules, will also be provided digitally.

Development Impact Fee Study
Willdan will work with the City to update its impact fees consistent with the Mitigation Fee Act and other relevant laws. We want to ensure that our scope of services is responsive to the City’s needs and specific local circumstances. We will work with the City to revise our proposed scope based on input prior to approval of a contract, and as needed during the course of the study.

Listed below are the development impact fees that are to be updated by this study. Willdan will also confer with the City on other potential fee categories.
▪ Parks and Recreation Improvements
▪ Public Safety Facilities
▪ Fire Protection Facilities
▪ General Government Capital Facilities
▪ Transportation Facilities
▪ Water Facilities
▪ Wastewater Facilities
Task 1: Identify Policy Issues
Objective: Identify and discuss potential policy issues raised by the study. Kick-off meeting with staff to review data needs, policy issues, schedule and discuss potential additional fee categories.

Description: Review agency documents related to existing capital planning policies and funding programs including existing impact fees. Bring policy issues to City staff’s attention, as appropriate, during the project and seek guidance prior to proceeding. Potential policy issues include:
▪ Changes in implementation resulting from AB 602 and other legislation; ▪ Changes in approach and nexus findings necessary to comply with AB 602; ▪ Potential new impact fees for consideration
▪ Adequacy of General Plan and other public facility planning policies (e.g., level of service standards); impact fee ordinances and resolutions, and prior nexus studies; ▪ Availability of existing public facility master plans and CIPs to identify needed facilities; ▪ Types of facilities to be funded by each fee;
▪ Land use categories for imposition of fees;
▪ Nexus approach to determining facility standards;
▪ Nexus approach to allocating cost burden among land uses, including need for separate fee zones; ▪ Potential alternative funding sources, if needed;
▪ Funding existing deficiencies, if identified; and
▪ Implementation concerns and strategies.

Deliverables: (1) Information requests; and (2) revised project scope and schedule (if needed).

Comprehensive User Fee Study, Development Impact Fee Study, & Full Cost Allocation Plan 32 City of Atwater, California
Task 2: Identify Existing Development and Future Growth Objective: (1) Identify estimates of existing levels of development; and (2) identify a projection of future growth consistent with current planning policy.

Description: Identify base year for estimating existing levels of development and for calculating facility standards based on existing facility inventories (see Task 3). Include entitled development that would be exempt from fee program.

Consult with City staff to identify growth projections to a defined long-range planning horizon (10 to 30 years). Projections provide a basis for determining the facilities needed to accommodate growth (see Task 4). Consider projections from regional metropolitan planning agencies and other available sources - City staff to provide estimates and projections by zone if needed.

Develop approach for converting land use data to measure of facility demand. For example, identify population and employment density factors to convert population and employment estimates to dwelling units and building square footage.

Select appropriate approach for each impact fee based on:
▪ Available local data on facility demand by land use category; ▪ Approaches used by other agencies; and
▪ Support for other agency policy objectives.

Changes to estimates and projections during subsequent tasks could cause unanticipated effort and require an amendment to the scope of services and budget. Obtain approval of estimates and projections from City staff prior to proceeding.

Task 3: Determine Facility Standards
Note: Conduct Tasks 3, 4, and 5 separately for each intended facility and fee type. Conduct tasks concurrently because of the effect of facility standards (Task 3), facility needs (Task 4), and alternative funding (Task 5) on the fee calculation.

Objective: Determine standards to identify facilities required to accommodate growth.

Description: Identify and evaluate possible facility standards depending upon the facility type, current facility inventory data, and available facility planning documents. Consider use of: (1) adopted policy standards (e.g., General Plan, master facility plans); (2) standards derived from existing facility inventories; or (3) standards derived from a list of planned facility projects. City staff to provide policies, inventories, and project lists.

Willdan will work with the City to identify additional costs that might be eligible for funding by the DIF.

Task 4: Determine Facilities Needs and Costs
Objective: Identify the type, amount and cost of facilities required to accommodate growth and correct deficiencies, if any.

Description: Quantify total planned facilities based on growth projection from Task 2 and facility standards from Task 3.

Express planned facilities in general quantities such as acres of parkland, or as a specific list of capital projects from a master facility plan.

Location of planned facilities may or may not be specified. If only a general description of planned facilities is available through the planning horizon, City staff to provide a list of specific capital projects for use of fee revenues during the short term (e.g., five years).

Distinguish between: (1) facilities needed to serve growth (that can be funded by impact fees); and (2) facilities needed to correct existing deficiencies (that cannot be funded by impact fees). Use one of three cost allocation methods (existing inventory, system plan, or planned facilities).

Gather planning-level data on new facilities costs based on lump sum project cost estimates, or unit costs and project quantities (acres, building square feet, lane miles, etc.). Consider recent City experience, local market data such as land transactions, and consultant team experience from prior projects. Inflate older cost estimates to base year using appropriate cost indices.

The revised facility costs will form the basis of the capital improvement program needed for compliance with AB 602.

This scope of work does not include additional engineering analysis, including traffic engineering, to identify total facility needs, existing deficiencies, or cost estimates.

Comprehensive User Fee Study, Development Impact Fee Study, & Full Cost Allocation Plan 33 City of Atwater, California
Any such engineering/design work can be provided under a separate contract with Willdan Engineering or a third party. However, Willdan can use rough descriptions and comparables to calculate a reasonable cost estimate sufficient for use in the DIF study.

Task 5: Identify Funding and Financing Alternatives
Objective: Determine the extent of alternative (non-fee) funding available for new facilities.

Description: If impact fees are going to only partially fund a capital project, the Mitigation Fee Act requires the agency report on the anticipated source and timing of the additional funding every five years. There are two types of alternative funding sources that we will identify:

1. Funding from non-impact fee sources to correct existing deficiencies; and

2. Funding from new development other than impact fees that must be credited against new development’s impact fee contributions, possibly including taxes paid to finance facilities.

Identify anticipated alternative funding based on information from City staff or note that funds are still to be identified based on a list of probable funding alternatives. If fees will fund debt service include financing costs in the total cost of facilities.

Assume facilities to be funded predominantly on a pay-as-you-go basis. Scope does not include a cash flow analysis to analyze effect of timing of fee revenues on financing costs.

Task 6: Fee Comparison Analysis
Objective: Provide a comparison of the current and proposed impact fees to those of comparable/surrounding jurisdictions in Merced County.

Description: Willdan will compare a total of four Merced County jurisdictions to be selected by the City.

Typically, Willdan prepares an analysis of fees charged to a series of prototype developments (such as residential, retail, etc.) to provide an “apples to apples” comparison, but the exact methodology will be determined in consultation with the City. This comparison will be limited to four other jurisdictions.

Task 7: Calculate Fees and Prepare Report
Objective: Provide technically defensible fee report that comprehensively documents project assumptions, methodologies, and results.

Description: Generate fee schedule to apportion facility costs to individual development projects. Use facility costs per unit of demand multiplied by demand by land use category based on data developed in prior tasks.

Prepare draft report tables for City staff to review, that document each step of the analysis, including schedule of maximum justified fees by facility type land use category and all other requirements of the Mitigation Fee Act.

Following one (1) round of comments from City staff on the quantitative analysis and fee schedules, prepare administrative draft report. Following one (1) round of comments on administrative draft, prepare public draft for presentation to interested parties, the public and elected officials. This public review draft will be presented and public stakeholder meetings and at a Council informational session. Prepare final report, if necessary, based on comments received on the public draft report. If requested, post the report on our website for public access. Note that as of January 2022, the Nexus study is adopted separately from the fees, and with a 30-day notice.

Fees will be calculating residential land uses in compliance with AB 602.

Provide legal counsel with copies of fee resolutions and ordinances used by other jurisdictions.

Deliverables: If necessary, we will provide up to two (2) bound copies of the draft report, one (1) unbound copy, one (1) Microsoft Word copy; and up to twenty (20) bound copies of the final report.

Task 8: Meetings
Objective: The project manager or other necessary Willdan staff will attend project meetings. A member of the Impact Fee project team will attend up to four (4) in-person meetings and presentations throughout the City’s engagement. Phone conferences are not considered meetings for the purposes of this scope.

Optional: Optional stakeholder and Council meetings may be requested by the City.

As requested by the RFP we have included an optional Task 9 in the cost proposal for a public meeting to present the draft nexus study.

Comprehensive User Fee Study, Development Impact Fee Study, & Full Cost Allocation Plan 38 City of Atwater, California
City Staff Support
To complete our tasks, we will need the cooperation of City staff. We suggest that the City of Atwater assign a key individual to represent the City as the project manager who can function as our primary contact. We anticipate that the City’s project manager will:
1) Coordinate responses to requests for information;
2) Coordinate review of work products; and
3) Help resolve policy issues.

Willdan will endeavor to minimize the impact on City staff in the completion of this project. We will ask for responses to initial information requests in a timely manner. If there are delays on the part of the City, we will contact the City’s project manager to steer the project back on track. We will keep the City’s project manager informed of data or feedback we need to keep the project on schedule.

Project Disclaimer
The City of Atwater further represents, acknowledges, and agrees that:
(i) The City uses, or may use, the services of one or more municipal advisors registered with the U.S. Securities and Exchange Commission (“SEC”) to advise it in connection with municipal financial products and the issuance of municipal securities;
(ii) The City is not looking to Willdan to provide, and City shall not otherwise request or require Willdan to provide, any advice or recommendations with respect to municipal financial products or the issuance of municipal securities (including any advice or recommendations with respect to the structure, timing, terms, and other similar matters concerning such financial products or issues);
(iii) The provisions of this proposal and the services to be provided hereunder as outlined in the scope of services are not intended (and shall not be construed) to constitute or include any municipal advisory services within the meaning of Section 15B of the U.S. Securities Exchange Act of 1934, as amended (the “Exchange Act”), and the rules and regulations adopted thereunder;
(iv) For the avoidance of doubt and without limiting the foregoing, in connection with any revenue projections, cash-flow analyses, feasibility studies and/or other analyses Willdan may provide the City with respect to financial, economic or other matters relating to a prospective, new or existing issuance of municipal securities of the City, (A) any such projections, studies and analyses shall be based upon assumptions, opinions or views (including, without limitation, any assumptions related to revenue growth) established by the City, in conjunction with such of its municipal, financial, legal and other advisers as it deems appropriate; and (B) under no circumstances shall Willdan be asked to provide, nor shall it provide, any advice or recommendations or subjective assumptions, opinions or views with respect to the actual or proposed structure, terms, timing, pricing or other similar matters with respect to any municipal financial products or municipal securities issuances, including any revisions or amendments thereto; and (v) Notwithstanding all of the foregoing, the City recognizes that interpretive guidance regarding municipal advisory activities is currently quite limited and is likely to evolve and develop during the term of the potential engagement and, to that end, the City will work with Willdan throughout the term of the potential Agreement to ensure that the Agreement and the services to be provided by Willdan hereunder, is interpreted by the parties, and if necessary amended, in a manner intended to ensure that the City is not asking Willdan to provide, and Willdan is not in fact providing or required to provide, any municipal advisory services.

EXHIBIT B
Schedule of Charges/Payments
Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed progress report that indicates the amount of budget spent on each task. Consultant will inform City regarding any out-of-scope work being performed by Consultant. This is a time-and-materials contract.

Comprehensive User Fee Study, Development Impact Fee Study, & Full Cost Allocation Plan 40 City of Atwater, California

9. Cost Proposal
Total All-Inclusive Not to Exceed Maximum Price
Willdan Financial Services (“Willdan”) proposes a fixed fee of $102,625 for the Full Cost Allocation Plan, Comprehensive User Fee Study, and Development Impact Study, which includes the Optional Development Impact Fee Draft Study Presentation.

Component Costs
Full Cost Allocation Plan
Willdan Financial Services proposes a fixed fee of $10,765 for the Full Cost Allocation Plan.

Comprehensive User Fee Study
Willdan Financial Services proposes a fixed fee of $28,800 for the Comprehensive User Fee Study.

C. Fisher
Principal-inCharge
T. Thrasher
Project
Manager
P. Patel
Senior
Analyst
S. Labitan
Analytical
Support
R. Quaid
QA/Tech
Advisor Total
$ 250 $ 210 $ 135 $ 125 $ 210 Hours Cost
Scope of Services
Task 1: Initial Document Request - - 1.0 - - 1.0 $ 135
Task 2: Kick-off /Refine Scope - 1.0 1.0 - - 2.0 345
Task 3: Gather Staffing Information & Develop CAP Model 1.0 2.0 10.0 12.0 1.0 26.0 3,730 Task 4: Test and Review Cost Allocation Methodology - 2.0 4.0 4.0 0.5 10.5 1,565 Task 5: Prepare and Present Draft Report 1.0 2.0 4.0 8.0 1.0 16.0 2,420 Task 6: Discuss and Revise Report 1.0 2.0 4.0 2.0 - 9.0 1,460 Task 7: Prepare and Present Final Report/Instruct Staff on Model - 4.0 2.0 - - 6.0 1,110 Total – Cost Allocation Plan 3.0 13.0 26.0 26.0 2.5 70.5 $ 10,765 City of Atwater
Cost Allocation Plan
Fee Proposal C. Fisher
Principal-inCharge
T. Thrasher
Project
Manager
P. Patel
Senior
Analyst
S. Labitan
Analytical
Support
R. Quaid
QA/Tech
Advisor Total
$ 250 $ 210 $ 135 $ 125 $ 210 Hours Cost
Scope of Services
Task 1: Initial Document Request - - 1.0 - - 1.0 $ 135
Task 2: Compile Inventory of Current and Potential Fees - 1.0 1.0 1.0 - 3.0 470 Task 3: Kick-off /Refine Scope - 1.0 1.0 - - 2.0 345
Task 4: Develop User Fee Model 1.0 4.0 6.0 12.0 1.0 24.0 3,610 Task 5: Staff Interviews and On-site Information Gathering - 8.0 8.0 4.0 - 20.0 3,260 Task 6: Data Analysis and Final Fee and Rate Schedule 1.0 5.0 36.0 40.0 1.0 83.0 11,370 Task 7: Common Fees Comparison 0.5 2.0 4.0 10.0 - 16.5 2,335 Task 8: Prepare and Present Draft Report 1.0 2.0 8.0 12.0 1.0 24.0 3,460 Task 9: Revise Draft/Determine Cost Recovery Levels 0.5 4.0 5.0 3.0 - 12.5 2,015 Task 10: Prepare and Present Final Report/Train Staff on Model - 6.0 4.0 - - 10.0 1,800 Total – Comprehensive User Fee Study 4.0 33.0 74.0 82.0 3.0 196.0 $ 28,800 City of Atwater
Comprehensive User Fee Study
Fee Proposal

Comprehensive User Fee Study, Development Impact Fee Study, & Full Cost Allocation Plan 41 City of Atwater, California
Development Impact Fee Study
Willdan Financial Services proposes a fixed fee of $63,060 for the Development Impact Fee Study, which includes the Optional Draft Study Presentation.

Development Impact Fee Review Notes:
▪ The fee denoted above includes attendance at four in-person meetings with City staff, stakeholders, and City Council. ▪ Attendance at more than four meetings will be billed at the per meeting fee. Attendance at additional on-site meetings or presentations will be $2,000 per meeting; attendance at additional remote meetings or presentations will be $1,000 per meeting.
▪ Comprehensive written responses to resolve conflicts or preparation of more than one set of major revisions to the draft report, will be classified as Additional Services, and may require additional billing at hourly rates stated in the hourly rate schedule listed below. These additional fees shall only take effect once the fixed fee stated above has been exceeded.

Rates for Additional Professional Services
Our current hourly rates are listed below.

Willdan Hourly Rate Schedule
Position Team Member Hourly Rate
Director Chris Fisher $250
Managing Principal James Edison $240
Principal Consultant
Tony Thrasher,
Carlos Villarreal,
& Bob Quaid
$210
Senior Project Manager $185
Project Manager $165
Senior Project Analyst Priti Patel $135
Senior Analyst Samantha Labitan $125
Analyst II $110
Analyst I $100
J. Edison
Principal-in-Charge
C. Villarreal
Project Manager Total
$ 240 $ 210 Hours Cost
Scope of Services
Task 1: Identify & Consider Fee Categories & Policy Issues 12.0 24.0 36.0 $ 7,920 Task 2: Identify Existing Development and Future Growth 10.0 20.0 30.0 6,600 Task 3: Determine Facility Standards 12.0 22.0 34.0 7,500 Task 4: Determine Facilities Needs and Costs 10.0 20.0 30.0 6,600 Task 5: Identify Funding and Financing Alternatives 10.0 20.0 30.0 6,600 Task 6: Fee Comparison 8.0 18.0 26.0 5,700
Task 7: Calculate Fees and Prepare Report 10.0 24.0 34.0 7,440 Task 8: Meetings 20.0 28.0 48.0 10,680
Task 9: Optional Draft Study Presentation 8.0 10.0 18.0 4,020 Total – Development Impact Fee Study 100.0 186.0 286.0 $ 63,060 City of Atwater
Development Impact Fee Study
Fee Proposal

Comprehensive User Fee Study, Development Impact Fee Study, & Full Cost Allocation Plan 42 City of Atwater, California
Manner of Payment
▪ Our fee includes all direct expenses associated with the project. ▪ We will invoice the City monthly based on percentage of project completed. ▪ Additional services may be authorized by the City and will be billed at our then-current hourly overhead consulting rates.
▪ City shall reimburse Willdan for any costs Willdan incurs, including without limitation, copying costs, digitizing costs, travel expenses, employee time and attorneys' fees, to respond to the legal process of any governmental agency relating to City or relating to the project. Reimbursement shall be at Willdan 's rates in effect at the time of such response.
▪ The cost of preparing the user fee study can be included in the resulting new user fee schedule. Therefore, over time, the City can recover the initial outlay of funds that was required to complete the studies. ▪ Willdan will rely on the validity and accuracy of the City’s data and documentation to complete the analysis. Willdan will rely on the data as being accurate without performing an independent verification of accuracy and will not be responsible for any errors that result from inaccurate data provided by the client or a third party.

EXHIBIT C
Activity Schedule

Comprehensive User Fee Study, Development Impact Fee Study, & Full Cost Allocation Plan 34 City of Atwater, California
Project Schedules
Willdan understands time is of the essence for the City of Atwater to begin this engagement. The schedules can only be met with the prompt cooperation of City staff. Delays in responding to our requests for data, policy guidance, clarifications, other information and review will likely result in corresponding delays to the project schedule. If that is the case, we will notify the City immediately of the possible impact on the schedule. It is also important to note that there are statutory requirements for a 60-day waiting period for the implementation of fees related to development, after they’ve been adopted by the City Council.

Full Cost Allocation Plan
Comprehensive User Fee Study
Scope of Services 2 9 16 23 30 7 14 21 28 4 11 18 25 2 9 16 23 30 6 13 20 27 Task 1: Initial Document Request z1
Task 2: Kick-off / Refine Scope (conference call) z2
Task 3: Gather Staffing Information and Develop Model (conference call) z3 Task 4: Test and Review Cost Allocation Methodology (conference call) z4 Task 5: Prepare and Present Draft Report (meeting) z5
Task 6: Discuss and Revise Report (conference call) z6
Task 7: Prepare and Present Final Report/Instruct Staff on Model (meeting) z7 Deliverables:
z1: Information Request z5: Draft Report
z2: Revised Project Scope and Schedule (if needed) z6: Revised Draft Report/Final Report z3: User-friendly Model in Microsoft Excel z7: Final Report – Hard and Electronic Copies z4: Draft Cost Allocation Plan Model Review
January
City of Atwater
Cost Allocation Plan
Project Schedule
September October November December Scope of Services 2 9 16 23 30 7 14 21 28 4 11 18 25 2 9 16 23 30 6 13 20 27 3 10 17 24 3 10 17 24 31 Task 1: Initial Document Request z1
Task 2: Compile Inventory of Current and Potential Fees z2 Task 3: Kick-off / Refine Scope (web meeting/conference call) z3 Task 4: Develop User Fee Model z4
Task 5: Staff Interviews and Information Gathering (web meetings) z5 Task 6: Data Analysis and Final User Fee Schedule (Web mtgs/conf calls) z6 Task 7: Common Fees Comparison z7
Task 8: Prepare and Present Draft Report (conference call) z8 Task 9: Revise Draft Report/Determine Cost Recovery Levels (conference call) z9 Task 10: Prepare and Present Final Report/Instruct Staff on Model (web meeting) z10 Deliverables:
z1: Information Request z6: Draft Fee and Rate Model Review z2: Draft List of Current Fees z7: Common Fee Comparison z3: Revised Project Scope and Schedule (if needed) z8: Draft Report z4: User-friendly Model in Microsoft Excel z9: Revised Draft Report/Final Report z5: Time Surveys and Draft Full Cost Recovery Fees z10: Final Report – Hard and Electronic Copies March
City of Atwater
Comprehensive User Fee Study
Project Schedule
September October November December January February

Comprehensive User Fee Study, Development Impact Fee Study, & Full Cost Allocation Plan 35 City of Atwater, California
Development Impact Fee Study
Scope of Services 2 9 16 23 30 7 14 21 28 4 11 18 25 2 9 16 23 30 6 13 20 27 3 10 17 24 3 10 17 24 31 Task 1: Identify & Consider Fee Categories & Policy Issues z1 Task 2: Identify Existing Development and Future Growth z2 Task 3: Determine Facility Standards z3
Task 4: Determine Facilities Needs and Costs z4
Task 5: Identify Funding and Financing Alternatives
Task 6: Fee Comparison z5
Task 7: Calculate Fees and Prepare Report z6
Task 8: Meetings z7
Deliverables:
z1: Information Request, Meeting Agenda, Revised
Schedule, Summary of Policy Decisions
z2: Development Growth Projections (table format) z6: Draft Fee Tables & Text z3: Project List z7: Administrative/Public Draft Report(s), Final Nexus Report, Slide Presentation March
City of Atwater
Development Impact Fee Study
Project Schedule
February
z4: Cost Estimates for Identified Facilities
z5: Fee Comparison
September October November December January

CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

October 14, 2024
TO: Mayor and City Council
FROM: Robert Ayuso, Battalion Chief

PREPARED
BY:

Robert Ayuso, Battalion Chief
SUBJECT: Acknowledging Receipt of 2024 Annual City of Atwater Fire Inspection SB1205 Compliance Report (CAL FIRE Battalion Chief Ayuso)

RECOMMENDED COUNCIL ACTION
Adoption of Resolution No. 3494-24 acknowledging receipt of 2024 annual City of Atwater Fire Inspection Compliance Report as mandated by California Senate Bill 1205.

I. BACKGROUND/ANALYSIS:

After the devastating Ghost Ship Fire in Oakland, the California Senate put forth Senate Bill 1205 (Attachment A). This Bill was approved by the Governor on September 27, 2018 and added to §13146.4 of the California Health and Safety Code.

Existing law requires the Fire Chief of any city or county fire department or district providing fire protection services and his or her authorized representatives to inspect every building used as a public or private school within his or her jurisdiction, for the purpose of enforcing specified building standards, not less than once each year, as provided. Existing law requires every city or county fire department or district providing fire protection services that is required to enforce specified building standards to annually inspect certain structures, including hotels, motels, lodging houses, and apartment houses, for compliance with building standards, as provided. Senate Bill 1205 requires every city or county fire department or district required to perform the above-described inspections to report annually to its administering authority, as defined, on the department's or district's compliance with the above described inspection requirements, as provided. The bill would require the administering authority to acknowledge receipt of the report in a resolution or a similar formal document.

During 2023, the City’s Fire Department conducted inspections on 15 of the 15 Group E Occupancies (public or private schools), 223 of the 223 Group R Occupancies (hotels, apartments, and certain residential care facilities) and 21 of the 21 Group A Occupancies (assemblies and churches) within the City. A record of the inspections for calendar year 2023 comprise the City of Atwater Fire Inspection Compliance Report that is attached as Exhibit “A” to the resolution. This will bring the City into compliance with SB 1205 for calendar year 2024.

II. FISCAL IMPACTS:

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

Agenda Report - Acknowledging Receipt of 2024 Annual City of Atwater Fire Inspection SB1205 Compliance Report (CAL FIRE Battalion Chief Ayuso) Page 2

The City charges a fee for fire inspections in accordance with the current City of Atwater Miscellaneous Fee Schedule. All anticipated revenue generated from annual inspections are captured in the Fiscal Year 2024-25 Budget.

There is no fiscal impact associated with the City Council acknowledging the annual City of Atwater Fire Inspection Compliance Report. This item has been reviewed by the Finance Department.

III. LEGAL REVIEW:

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

IV. EXISTING POLICY:

N/A
V. ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

This item has been reviewed by all departments.

VII. PUBLIC PARTICIPATION:

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

VIII. ENVIRONMENTAL REVIEW:

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

IX. STEPS FOLLOWING APPROVAL:

The annual City of Atwater Fire Inspection Compliance Report will be filed in the City Clerk’s Office and will be made available to the State or the public upon request. In accordance with SB 1205, this will continue to be an annual process.

Submitted by:

Bobby Ayuso, CAL FIRE Battalion Chief
Approved by:

Agenda Report - Acknowledging Receipt of 2024 Annual City of Atwater Fire Inspection SB1205 Compliance Report (CAL FIRE Battalion Chief Ayuso) Page 3

Chris Hoem, City Manager
Attachments:

1. Resolution SB 1205 Compliance Report

2. Exhibit A - 2024 SB 1205 Compliance Report

CITY COUNCIL
OF THE

CITY OF ATWATER
RESOLUTION NO. XYZ

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ATWATER ACKNOWLEDGING RECEIPT

OF ANNUAL CITY OF ATWATER FIRE

INSPECTION COMPLIANCE REPORT
WHEREAS, California Senate Bill 1205 was passed and signed by the Governor of California in September of 2018 adding California Health and Safety Code Section 13146.4, which outlines the criteria for State Mandated Inspections and reporting; and WHEREAS, the California Health and Safety Code Section 13146.4 requires all fire departments that provide fire protection services to report annually to its administering authority on its compliance with State Mandated Inspections; and WHEREAS, the Fire Department has identified 259 occupancies that are State Mandated for annual reporting; and
WHEREAS, the Fire Department completed 259 of the 259 State Mandated Inspections for 2024; and
WHEREAS, the City Council has discussed and acknowledged receipt of the City of Atwater Fire Inspection Compliance Report in standard with California Health and Safety Code Section 13146.4.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atwater does hereby acknowledge the receipt of the City of Atwater Fire Inspection Compliance Report, attached herein as Exhibit “A”, as outlined in California Health and Safety Code Section 13146.4.

The foregoing resolution is hereby adopted this 14th day of October 2024.

AYES:

NOES:

ABSENT:

Resolution No. XYZ Page 2
APPROVED:

________________________________

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

EXHIBIT ”A”

ATWATER CITY FIRE
699 BROADWAY AVE.

ATWATER, CA 95301
(209) 209-357-6352
City of Atwater S/B 1205 Fire Inspection Compliance
Report Calendar Year 2024

APARTMENTS
Total Apartments – 221
Completed in 2024 – 221
Percentage – 100%
Compliance – 205

SCHOOLS
Total Schools – 15
Completed in 2024 – 15
Percentage – 100%
Compliance – 15

ASSEMBLIES
Total Assemblies – 21
Completed in 2024 – 21
Percentage – 100%
Compliance – 21
HOTELS
Total Hotels - 2
Completed in 2024 - 2
Percentage – 100%
Compliance – 2

CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

October 14, 2024
TO: Mayor and City Council
FROM: Christopher Hoem, City Manager

PREPARED
BY:

Christopher Hoem, City Manager
SUBJECT: Resolution in Support of Proposition 36: The Homelessness, Drug Addiction, and Theft Reduction Act (City Manager Hoem)

RECOMMENDED COUNCIL ACTION
Adoption of Resolution No. 3495-24 supporting Proposition 36, The Homelessness, Drug Addiction, and Theft Reduction Act.

I. BACKGROUND/ANALYSIS:

In 2014, California voters passed Proposition 47, which reclassified certain nonviolent crimes, including some theft and drug-related offenses, from felonies to misdemeanors.

While Prop 47 has been successful in reducing the state's prison population, it has also led to a range of unintended consequences. These include a rise in organized retail theft, an increase in repeat offenses for minor crimes, and difficulty in encouraging people to enter drug rehabilitation and mental health services.

Proposition 36, known as the Homelessness, Drug Addiction, and Theft Reduction Act, proposes targeted reforms to address these unintended consequences. Specifically, Prop 36 would:
• Reclassify certain misdemeanors as felonies for repeat offenders, particularly in cases involving drug possession (e.g., fentanyl) and theft crimes, such as shoplifting.
• Mandate that sentences for some drug trafficking offenses, especially involving substances like fentanyl, be served in state prison, depending on the amount sold.
• Grant judges greater discretion in sentencing drug traffickers, with particular focus on fentanyl-related crimes.
• Provide additional resources for drug treatment, mental health services, and job training programs for individuals struggling with homelessness, addiction, or mental illness.

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

Agenda Report - Resolution in Support of Proposition 36: The Homelessness, Drug Addiction, and Theft Reduction Act (City Manager Hoem) Page 2

The City of Atwater has experienced the effects of increasing retail theft and drug abuse within the community, both of which are contributing to a cycle of homelessness and crime. By supporting Prop 36, the City Council demonstrates its commitment to reducing crime, addressing the root causes of homelessness, and supporting businesses and community safety. Prop 36 also emphasizes the need to confront the growing fentanyl crisis, which is increasingly impacting our youth, and the City acknowledges the critical need to take a strong stance on drug trafficking to protect public health and safety.

II. FISCAL IMPACTS:

This item has been reviewed by the Finance Director.

The fiscal impacts on the City of Atwater are expected to be positive. Proposition 36 provides funding for drug rehabilitation, mental health services, and job training programs, which can reduce the burden on local law enforcement and emergency services. By addressing repeat offenders and providing treatment options, Prop 36 may lower crime rates and reduce the costs associated with theft and drug-related offenses.

Additionally, Prop 36’s provisions to support businesses by curbing retail theft will help maintain local economic stability and growth.

III. LEGAL REVIEW:

This item has been reviewed by the City Attorney.

IV. EXISTING POLICY:

N/A
V. ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

This item has been reviewed by all appropriate departments.

VII. PUBLIC PARTICIPATION:

The public will have an opportunity to speak prior to City Council adoption.

VIII. ENVIRONMENTAL REVIEW:

This item is not considered a project under provisions of Section 21065 of the Public Resources Code and therefore not subject to analysis pursuant to the California Environmental Quality Act (CEQA) as this action will not directly or indirectly significantly affect the physical environment.

IX. STEPS FOLLOWING APPROVAL:

Upon City Council adoption of the Resolution, staff will file the Resolution with the City

Agenda Report - Resolution in Support of Proposition 36: The Homelessness, Drug Addiction, and Theft Reduction Act (City Manager Hoem) Page 3

Clerk’s office.

Submitted and Approved by:

Chris Hoem, City Manager
Attachments:

1. Resolution in Support of Prop 36

CITY COUNCIL
OF THE

CITY OF ATWATER
RESOLUTION NO. XXXX-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATWATER SUPPORTING PROPOSITION 36: THE

HOMELESSNESS, DRUG ADDICTION, AND THEFT

REDUCTION ACT
WHEREAS, while Proposition (Prop) 47 achieved notable success in reducing the state’s prison population, Prop 47 has also led to unintended consequences over the past decade as it reduced penalties for some theft and drug crimes from the felony to misdemeanor level; and
WHEREAS, unintended consequences of Prop 47 include repeat and often organized retail theft, retail store closings, and difficulty incentivizing and encouraging people to seek drug and mental health treatment; and
WHEREAS, Prop 36, the Homelessness, Drug Addiction, and Theft Reduction Act is a bipartisan measure that provides common sense, targeted reforms to Prop 47; and WHEREAS, Prop 36 would allow certain crimes that are currently misdemeanors to be classified as felonies; for example, possession of certain drugs, including fentanyl, when there are prior drug convictions and theft crimes, such as shoplifting, where less than $950 is stolen but where there are prior theft convictions; and WHEREAS, Prop 36 would require that sentences resulting from some felony convictions be served in prison; for example, judges would be required to impose sentences that must be served in State prison for selling certain drugs (such as fentanyl, heroin, cocaine, or methamphetamine), depending on the amount of the drug sold; and WHEREAS, the fentanyl crisis has reached alarming levels and is now responsible for 20 percent of youth deaths in California; and
WHEREAS, Prop 36 will define fentanyl as a hard drug, hold individuals convicted of trafficking fentanyl accountable, and grant judges greater discretion in sentencing drug traffickers; and
WHEREAS, rampant retail theft harms businesses and California residents because those who commit these crimes know they’ll get away with it, even if caught; and

Resolution No. XXXX-24 Page 2
WHEREAS, Prop 36 will hold repeat offenders accountable for the safety of our communities rather than putting them back on the streets; and WHEREAS, breaking the cycle of repeat offenders means addressing the many root causes of retail theft; and
WHEREAS, Prop 36 provides critical mental health, drug treatment services, and job training within our justice system for people who are homeless and suffering from mental illness or struggling with substance abuse; and
WHEREAS, the City of Atwater strives to ensure the safety, health and wellbeing of its residents, and to protect the property and livelihoods of individuals and support businesses and commerce; and the passage of Prop 36 would support those goals.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atwater formally supports and endorses Prop 36, and the benefit that it provides for our community’s safety.

The foregoing resolution is hereby adopted this 14th day of October 2024.

AYES:

NOES:

ABSENT:

APPROVED:

________________________________

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

CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

October 14, 2024
TO: Mayor and City Council
FROM: Greg Thompson, Deputy City Manager/Community Development Director

PREPARED
BY:

Kayla Rashad, Administrative Assistant
SUBJECT: Resolution Adopting an Initial Study and Mitigated Negative Declaration in Accordance with California Environmental Quality Act (CEQA) for the Project; and Approve Vesting Tentative Subdivision Map No. 22-23-0100 for a Site Located East of Buhach Road and Immediately North and Adjacent to Meadow View
Estates No. 1, Atwater, California (APN 005-070-023); and Approve Planned Development Final Development Plan No. 24-25-
0100 (Deputy City Manager/Community Development Director Thompson)

RECOMMENDED COUNCIL ACTION
Open the public hearing and receive any testimony given; and Close the public hearing; and
Motion to adopt Resolution No. 3496-24 adopting an Initial Study and Mitigated Negative Declaration for the Project in accordance with California Environmental Quality Act (CEQA) Guideline Section 15073; and approve Vesting Tentative Subdivision Map No. 22-23-0100, and approve Planned Development Final Development Plan No. 24- 25-0100 for a site located East of Buhach Rd and immediately North and adjacent to Meadow View Estates No. 1, Atwater, California (APN: 005-070-052); Motion to approve staff's recommendation as presented.

I. BACKGROUND/ANALYSIS:

1. BACKGROUND:

The applicant has proposed a Vesting Tentative Subdivision Map to subdivide the existing 15.13-acre parcel into 73 single-family residential lots. The project also

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

Agenda Report - Resolution Adopting an Initial Study and Mitigated Negative Declaration in Accordance with California Environmental Quality Act (CEQA) for the Project; and Approve Vesting Tentative Subdivision Map No. 22-23-0100 for a Site Located East of Buhach Road and Immediately North and Adjacent to Meadow View Estates No. 1, Atwater, California (APN 005-070- 023); and Approve Planned Development Final Development Plan No. 24-25-0100 (Deputy City Manager/Community Development Director Thompson) Page 2

includes the expansion of an existing storm water detention basin currently located within the Meadow View Estates Unit One, immediately south of the proposed project site. Physical development of the individual lots is not proposed at this time.

Initial applications for the project were submitted in December of 2022. The project required the preparation of a Mitigated Negative Declaration which was completed by J.B. Anderson in January of 2024.

The City submitted the project for public review to the Office of Planning and Research on June 3, 2024. During this review period, one comment was received from the Department of Toxic Substances and Control. Those comments and responses are detailed as part of the Environmental Review section of this report. The comment period for the project closed on July 2, 2024.

Chapter 17.44 is the Planned Development District section of the Atwater Municipal Code. The purpose of the Planned Development (PD) zone is to provide a flexible zone district which will implement the City General Plan and achieve a higher standard of quality of development than typically found in conventional zones.

Previously, the Planned Development Master Plan (PDMP) No. 04-3 for PD-29 was approved on August 25, 2004, under Resolution No. 1924-04. The previously approved Planned Development Final Development Plan (PDFDP) No. 06-3 was approved on April 26, 2006, under Resolution No. 710-06; However, it was specific to “Meadow View Estates No. 1” and did not include anything for this property.

1. ANALYSIS:

Site Location and Description:

The project site is located on the north side of Nebela Drive, approximately 0.15 miles east of North Buhach Road. The project site is currently shown as Assessor’s Parcel Number (APN) 005-070-052.

The site consists of one (1) parcel and is currently zoned as Planned Development (PD-29) with a General Plan land use designation of Low Density Residential. The entire project site is presently undeveloped and does not include any structures. The proposed development would be accessed by two points off of Nebela Drive, Rondel Road and Nina Drive, along the south side of the development.

Agenda Report - Resolution Adopting an Initial Study and Mitigated Negative Declaration in Accordance with California Environmental Quality Act (CEQA) for the Project; and Approve Vesting Tentative Subdivision Map No. 22-23-0100 for a Site Located East of Buhach Road and Immediately North and Adjacent to Meadow View Estates No. 1, Atwater, California (APN 005-070- 023); and Approve Planned Development Final Development Plan No. 24-25-0100 (Deputy City Manager/Community Development Director Thompson) Page 3

Zoning Consistency:

The project is located within a Planned Development (PD 29) zone district. The applicant has designed the project to be consistent with the existing Zoning. Under the PD-29 Zoning Designation, any and all land uses can be considered for development so long as they are consistent with the underlying General Plan Designation. As a residential project, the density for this development is allowed 3.1 to 7.0 units per acre with parcel sizes ranging from 5,000 square feet to 11,000 square feet. The current design is consistent with these parameters at 4.86 units per acre.

General Plan Consistency:

The General Plan Land Use designation is Low Density Residential. The applicant has designed the project to be consistent with the existing General Plan Land Use Designation. As such, no plan amendment is required to allow the proposed use.

Agenda Report - Resolution Adopting an Initial Study and Mitigated Negative Declaration in Accordance with California Environmental Quality Act (CEQA) for the Project; and Approve Vesting Tentative Subdivision Map No. 22-23-0100 for a Site Located East of Buhach Road and Immediately North and Adjacent to Meadow View Estates No. 1, Atwater, California (APN 005-070- 023); and Approve Planned Development Final Development Plan No. 24-25-0100 (Deputy City Manager/Community Development Director Thompson) Page 4

Housing Element Consistency:

The project is determined to be in conformance with the City’s Housing Element Update which was adopted as part of the City’s General Plan in May 2017; supplemented and certified by the State in 2019. This element sets goals and priorities of community housing needs based on the Regional Housing Needs Assessment (RHNA). Goal H-1 states to provide suitable and adequate sites for residential development. This site is suitable for this use and has been previously designated for residential uses. The project is to be developed into a single-family residential development. Furthermore, Program H-1. a. relates to the vacant and non-vacant underutilized and site inventory program. This program did not identify the project site as “Vacant or Underutilized” but the project now being proposed could contribute to future RHNA numbers for the City of Atwater.

Subdivision Map Act:

Based upon the review of the project and the conditions set forth in the resolution, the project complies with all applicable provisions of the Subdivision Map Act (Section 66411 of the California Government Code), in addition to the Title 16 of the Atwater Municipal Code pertaining to subdivisions.

Surrounding Uses:

The project site is surrounded by existing commercial development to the north, single family dwellings to the south, Veteran’s Park to the west, and Castle AFB Football Field. The proposed use of single-family residential would be compatible with the uses

Agenda Report - Resolution Adopting an Initial Study and Mitigated Negative Declaration in Accordance with California Environmental Quality Act (CEQA) for the Project; and Approve Vesting Tentative Subdivision Map No. 22-23-0100 for a Site Located East of Buhach Road and Immediately North and Adjacent to Meadow View Estates No. 1, Atwater, California (APN 005-070- 023); and Approve Planned Development Final Development Plan No. 24-25-0100 (Deputy City Manager/Community Development Director Thompson) Page 5

described within the surrounding areas.

PDFDP No. 24-25-0100:

The Planned Development Final Development Plan proposes to construct 73 single family residential dwellings with related on and off-site improvements. The building sizes range from 1,600 square feet to 2,220 square feet with four elevations being one story and two being two stories.

II. FISCAL IMPACTS:

This item would not have any significant negative fiscal impacts. 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:

Under section 17.44.020 of the A.M.C – Planned Development Districts, “Any and all types of land uses may be considered for approval…if the uses are consistent with the underlying General Plan land use designation and zoning for the property.

Under Section 17.44.070 of the A.M.C. - The Planning Commission shall recommend, and the City Council shall approve or conditionally approve the master plan for the PD zone upon making the following findings:

A. The master plan will provide for a higher standard or quality of development than typically found in the other zones and will meet the intent of the purposes of Planned Development zone.

B. Deviations from the requirements in the other zones of the zoning code that would normally apply are justified by compensating benefits of the master plan.

C. The master plan is consistent with and furthers the policies of the General Plan and any applicable community specific plan and adopted design guidelines.

D. The master plan includes adequate provisions for public facilities and services including water, sewer, drainage, traffic circulation, and access.

E. Public service demands will not exceed the capacity of existing and planned systems.

Under Section 17.44.110 of the A.M.C. – Each development plan application shall include precise plot plans, elevation drawings of proposed structures, building materials, and other appropriate supporting material.

V. ALTERNATIVES:

Agenda Report - Resolution Adopting an Initial Study and Mitigated Negative Declaration in Accordance with California Environmental Quality Act (CEQA) for the Project; and Approve Vesting Tentative Subdivision Map No. 22-23-0100 for a Site Located East of Buhach Road and Immediately North and Adjacent to Meadow View Estates No. 1, Atwater, California (APN 005-070- 023); and Approve Planned Development Final Development Plan No. 24-25-0100 (Deputy City Manager/Community Development Director Thompson) Page 6

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.

Resolution 0216-22 includes all comments and conditions as received from internal and external department and agencies.

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:

Pursuant to the California Environmental Quality Act, an Initial Study and Mitigated Negative Declaration (IS/MND) was prepared for this project under Section 15073 and its findings were made public and available for a 30-day public comment period beginning on June 3, 2024. The public comment period closed on July 2, 2024. The City’s intent to adopt a Mitigated Negative Declaration was made known under Section 15070.

On June 19th, 2024, the City received comments from the Department of Toxic Substances Control. Four items were listed in their response including 1) the presence of contaminants due to agricultural practices and the need for further studies 2) potential chemicals where farming practices may have occurred including farm houses, irrigation ditches, and other out buildings that may require additional sampling 3) the need for a potential soils assessment and/or a Phase I Site Assessment and 4) the further testing of soils that could contain contamination within potential fill material for the site.

A response to this letter was provided by the J.B. Anderson stating that no new environmental issues have been raised that had not already been adequately identified and addressed as part of the Initial Study – Mitigated Negative Declaration (ISMND).

The project site is not known to contain hazardous materials as identified under Section 65862.5 of the California Government Code.

Furthermore, no new change in the surrounding area has occurred that would contribute to findings that would be considered significant or represent a major change to the physical environment.

IX. STEPS FOLLOWING APPROVAL:

Following approval of this Resolution from the City Council, staff will file the original with

Agenda Report - Resolution Adopting an Initial Study and Mitigated Negative Declaration in Accordance with California Environmental Quality Act (CEQA) for the Project; and Approve Vesting Tentative Subdivision Map No. 22-23-0100 for a Site Located East of Buhach Road and Immediately North and Adjacent to Meadow View Estates No. 1, Atwater, California (APN 005-070- 023); and Approve Planned Development Final Development Plan No. 24-25-0100 (Deputy City Manager/Community Development Director Thompson) Page 7

the City Clerk's office.

Submitted by:

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

Chris Hoem, City Manager
Attachments:

1. Resolution - City Council

2. RSO 0216-22 Resolution Signed

3. VTSM

4. Resolution No. 1924-04 Master Plan No. 04-3

5. Resolution 710-06 PDFDP No. 06-3 Meadow View Estates No. 1

6. Silver Creek Crossing PDFDP

7. ATWATER VTSM - Silver Creek Crossings IS-MND 1.5.24

CITY COUNCIL
OF THE

CITY OF ATWATER

RESOLUTION NO. XXXX

A RESOLUTION OF THE CITY COUNCIL

ADOPTING AN INITIAL STUDY AND MITIGATED

NEGATIVE DECLARATION IN ACCORDANCE

WITH CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA) FOR THE PROJECT; AND APPROVE
VESTING TENTATIVE SUBDIVISION MAP NO. 22-
23-0100 FOR A SITE EAST OF BUHACH RD. AND

IMMEDIATELY NORTH AND ADJACENT TO
MEADOW VIEW ESTATES NO. 1, ATWATER,
CALIFORNIA (APN: 005-070-052); AND

APPROVED PLANNED DEVELOPMENT PLAN
NO. 24-25-0100
WHEREAS, the Planning Commission of the City of Atwater reviewed Vesting Tentative Subdivision Map No. 22-23-0100 as submitted by Silver Creek Crossing, LLC requesting to subdivide one parcel of approximately ±15.13 acres into 73 parcels located north of Nebela Drive and east of Buhach Road; and,
WHEREAS, said application was reviewed by the Planning Commission of the City of Atwater on August 21, 2024; and,
WHEREAS, the Master Plan (PDMP) No. 04-3 for PD-29 was approved on August 25, 2004, and the Planned Development Final Development Plan (PDFDP) No. 06-3 for Meadow View Estates No. 1 was approved on April, 26, 2006; and, WHEREAS, the determination has been made under the provisions of the California Environmental Quality Act (CEQA) that this project qualifies for an Initial Study and Mitigated Negative Declaration (ISMND) with mitigation measures being incorporated into the project; 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; and,

Resolution No. XXXX Page 2
WHEREAS, the City Council finds that the following findings can be made for the Initial Study and Mitigated Negative Declaration, Vesting Tentative Subdivision Map No. 22-23- 0100 and Planned Development Final Development Plan No. 24-25-0100:

1. That the site is located in a Planned Development (PD-29) Zone District and conforms with the use and intent of said zone.

2. That the proposed Planned Development Final Development Plan is consistent with the Atwater General Plan designation for this area and all applicable elements of the General Plan.

3. That this application proposed to construct 73 detached single family residential units with off and on site improvements.

4. That this site is designated by the Atwater General Plan as Low Density Residential.

5. That all the mandatory findings set forth in section 16.04.010 of the Atwater Zoning Ordinance can be made.

6. That this project has prepared an Initial Study and Mitigated Negative Declaration with mitigation measures being incorporated and is in compliance with the provisions of the California Environmental Quality Act (CEQA).

7. That the public hearing for this application has been adequately noticed and advertised.

8. That the project, with the conditions herein, would not have a detrimental effect on the healthy, safety, and welfare of the neighborhood or have any adverse effects on the community.

NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Atwater does hereby adopt an Initial Study and Mitigated Negative Declaration; and approve Vesting Tentative Map No. 22-23-0100; and approve Planned Development Final Development Plan No. 24-25-0100 subject to the following conditions:

BUILDING:

1. All plan submittals and calculations and all other required documentation shall be submitted to the Building Division. Documents will be routed to proper departments for review and also sent out to third party plan checking services.

2. Apply for a permit application in person or online.

3. Plan Check fee payment (based on valuation of the project) contact Building Division

4. Five (5) sets of plans including three (3) wet stamped by a registered California Design Professional, unless noted accordingly per the “Professional Engineers Act” of 2001.

5. Three (3) sets of Energy/Title 24, California Green Code Documents, Special Inspection form (filled out by designer), Ventilation designs, approval of dust collection system from San Juaquin Valley Air Pollution Control Board, Waste

Resolution No. XXXX Page 3
Management Plan, and any other applicable calculations/specifications or documents.

6. Building plans shall reflect the most recent California Building Codes (Title 24) which consist of the Building Code volume 1 & 2, Wind Speed: Risk Category I:
100, Category II: Vult 110, Vasd 85, Category III Vult 115, Vasd 85 a. Wind Exposure: B Urban and Suburban, C in any quadrant for a distance of more than 600 feet
b. Seismic Design Category: DO
c. Weathering: Negligible, Winter design temp. 25 degrees F d. Air Freezing Index: 1500, mean annual temp 60 degrees F

7. Green Code, Electrical Code, Mechanical Code, Plumbing Code, Fire Code including Appendix C, Appendix D, Appendix I, Appendix J, California Energy Commission requirements, State and Federal Accessibility requirements, Atwater Municipal Codes (AMC), requirements from Atwater Fire

8. Department, Engineering, Planning and Public Works Departments respectively.

Once plans are approved by the City of Atwater the Building Division will contact the applicant with fee totals and approximate time when plans will be ready for pick up.

9. Building Permits cards and city approved plans and calculations shall always be on site when an inspection is called in.

10. The construction site shall have an address posted that will be easy for inspectors and emergency services to see.

11. No sitework is to start until fees are paid and Building Permit is issued, failure to adhere to this will result in a STOP WORK ORDER being issued CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE:

Swainson’s Hawk(SWHA)

12. SWHA exhibit high nest-site fidelity year after year in the San Joaquin Valley (CDFW2016).The Project as proposed may involve noise, groundwork, and movement of workers that could affect nests and has the potential to result in nest abandonment, significantly impacting local nesting SWHA. Without appropriate avoidance and minimization measures for SWHA, potential significant impacts that may result from Project activities include nest abandonment, and reduced nesting success (loss or reduced health or vigor of eggs or young)from loss of foraging habitat. CDFW recommends the CEQA document prepared for this Project address potential impacts to SWHA by including the following avoidance and minimization measures.

13. The Project will convertof15.13acres of open land into 63 residential lots.

CDFW recommends compensation for the loss of Swainson’s hawk foraging

Resolution No. XXXX Page 4
habitat as described in the Staff Report Regarding Mitigation for Impacts to Swainson's Hawks(Staff Report)(CDFG,1994)to reduce impacts to foraging habitat to less than significant. The Staff Report recommends that mitigation for habitat loss occur within a minimum distance of 10 miles from known nest sites. CDFW has the following recommendations based on the Staff Report:
a. For projects within 1mile of an active nest tree, a minimum of one acre of habitat management (HM) land for each acre of development is advised. b. For projects within 5miles of an active nest but greater than 1mile, a minimum of0.75 acres of HM land for each acre of development is advised.
c. For projects within 10miles of an active nest tree but greater than 5miles from an active nest tree, a minimum of 0.5 acres of HM land for each acre of development is advised.

14. SWHA are known to travel for miles to forage. Therefore, CDFW recommends surveys be conducted as part of the biological technical studies conducted in support of the CEQA document by a qualified biologist with knowledge of SWHA natural history and behaviors, following the survey methods developed by the Swainson’s Hawk Technical Advisory Committee (SWHATAC 2000).Regardless of the results of the initial survey, CDFW recommends that the survey be conducted by a qualified wildlife biologist again within the survey season immediately prior to project implementation. CDFW recommends a minimum no-disturbance buffer of 0.5-milebedelineatedaround active nests until the breeding season has ended or until a qualified biologist has determined that the birds have fledged and are no longer reliant upon the nest or parental care for survival. If an active SWHA nest is detected during surveys and a 0.5- milebuffer is not Kayla Rashad, Administrative Assistant City of Atwater Community Development Department February 8, 2023 Page 4

15. feasible, consultation with CDFW is warranted to discuss how to implement the project and avoid take. If take cannot be avoided, take authorization through the acquisition of an Incidental Take Permit (ITP), pursuant to Fish and Game Codesection2081subdivision(b) is necessary to comply with CESA.

Nesting birds

16. CDFW encourages that Project implementation occur outside of the bird nesting season (February 1 through September 15); however, if ground-disturbing or vegetation-disturbing activities must occur during the nesting season, the Project applicant is responsible for ensuring that implementation of the Project does not result in violation of the Migratory Bird Treaty Act or relevant Fish and Game Codes as referenced above.

17. To evaluate Project-related impacts on nesting birds, CDFW recommends that a habitat assessment for nesting birds be conducted as part of the biological technical studies in support of the CEQA document. If nesting birds or suitable

Resolution No. XXXX Page 5
habitat are identified, CDFW further recommends that focused surveys be conducted at biologically appropriate times during the nesting season as part of the biological technical studies in support of the CEQA document. CDFW also recommends that a qualified wildlife biologist conduct pre-activity surveys for active nests within10days prior to the start of ground or vegetation disturbing activities to maximize the probability that nests that could potentially be impacted are detected. CDFW also recommends that surveys cover a sufficient area around the Project site to identify nests and determine their status. A sufficient area means any area potentially affected by the Project. In addition to direct impacts (i.e. nest destruction), noise, vibration, and movement of workers or equipment could also affect nests. Prior to initiation of construction activities, CDFW recommends that a qualified biologist conduct a survey to establish a behavioral baseline of all identified nests. Once construction begins, CDFW recommends having a qualified biologist continuously monitor nests to detect behavioral changes resulting from the Project. If behavioral changes occur, CDFW recommends halting the work causing that change and consulting with CDFW for additional avoidance and minimization measures.

18. If continuous monitoring of identified nests by a qualified wildlife biologist is not feasible, CDFW recommends a minimum no-disturbance buffer of 250feet around active nests of non-listed bird species and a 500-foot no-disturbance buffer around active nests of non-listed raptors. These buffers are advised to remain in place until the breeding season has ended or until a qualified biologist has determined that the birds have fledged and are no longer reliant upon the nest or on-site parental care for survival. Variance from these no-disturbance buffers is possible when there is compelling biological or ecological reasons to do so, such as when the construction area would be concealed from nest site by topography. CDFW recommends that a qualified wildlife biologist advise and support any variance from these buffers and notify CDFW in advance of implementing a variance.

ENGINEERING:

19. This approval is dependent upon and limited to the proposals and plans contained, supporting documents submitted, presentations made to staff, Planning Commission and/or City Council 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.

20. The developer shall provide and show on the Master Plan all necessary easements for access, streets, alleys, sewer and water facilities, utilities and drainage facilities, irrigation facilities and other facilities as requested by the City.

Utility easements shall be a minimum of a clear fifteen feet (15') for one utility and a clear twenty feet (20') for two or more utilities or as specified by basic engineering design guidelines. Easements shall not be split between property lines unless determined otherwise by the City Engineer. The easement widths identified are minimums and in certain circumstances, additional easement widths may be

Resolution No. XXXX Page 6
required as determined by the City Engineer.

21. The developer shall pay all applicable processing fees, permit fees, City development fees, fire fees, school fees, drainage fees and other public entity fees in effect at the time of the issuance of the applicable permit.

22. All Conditions of Approval for this project shall be written by the project developer on all building permit plan check sets submitted for review and approval. These Conditions of Approval shall be on, at all times, all grading and construction plans kept on the project site. It is the responsibility of the project developer to ensure that the project contractor is aware of, and abides by, all Conditions of Approval.

Prior approval from the Community Development Director must be received before any changes are constituted in site design, grading, building design, building colors or materials, etc.

23. Final maps and/or site development plans shall be in substantial conformance to the approved tentative map/site plan and must be submitted to the City Engineering Division for review and approval. Maps shall be prepared, wet signed and sealed by a civil engineer, land surveyor, or architect registered in the State of California and licensed to prepare final maps and/or site development plans.

24. Right of way or easement acquisitions necessary to implement any portion of this map, and/or site development plan, including public improvements, shall be obtained by the developer at its sole expense prior to the City's consideration of the final map which encompasses the particular improvement. The developer shall notify the City in writing no more than 120 days and no less than 60 days in advance of filing the final map related to the acquisition if City assistance is needed to complete the acquisition pursuant to Government Code Section 66462.5. Funds in an amount of 100% of the estimated acquisition costs shall be deposited with the City to cover appraisal, right of way agent, and legal fees and costs incurred to secure the necessary property.

25. The developer shall provide and show on the final map and/or site development plan all necessary easements for access, streets, alleys, sewer and water facilities, utilities and drainage facilities, irrigation facilities and other facilities as requested by the City.

26. The final map and/or site development plan and all related documents shall comply with all regulations and requirements of the Atwater Municipal Code.

27. All public improvements proposed by the developer or required through these Conditions of Approval shall be completed and accepted by the City in compliance with the time schedule set forth in the Conditions of Approval; if no time schedule is provided, then no later than recordation of the parcel/final map. The developer may apply to the City for a Subdivision Improvement Agreement or Deferred Improvement Agreement in order to postpone completion of the public

Resolution No. XXXX Page 7
improvements. In any event, the City shall require the developer to guarantee the performance of the improvements and payment of labor and materials by furnishing security in a form acceptable to the City.

28. Detailed plans reflecting the design and construction of all public infrastructure improvements for street, sewer, water, and storm drain, both on- and off-site, shall be in conformance with the adopted Infrastructure Master Plans and as directed by the City Engineer. Developer shall have written approval from the City Engineer for any variations from the City’s Master Plans prior to any final map or plan approval.

29. All on- and off-site development and improvements shall be designed and constructed at the sole expense of the developer. The developer may apply for reimbursement for those improvements deemed eligible by the City Engineer as oversized in accordance with the City’s laws and the State Subdivision Map Act in effect at the time of the developer’s application for reimbursement to the City Council. Any such application must be presented to the City Council on or before the City records the first final map. The City’s method of reimbursement shall not be limited and may be memorialized through a reimbursement agreement with the Developer.

30. All streets and alleys shall be irrevocably offered for dedication and improved to City standards. Street names shall be reflected on the final map and shall be approved by the Community Development Department.

31. Prior to approval of the final map the developer shall form or annex into a street lighting and landscape maintenance district, or some alternative financing mechanism acceptable to the City, for maintenance of all streetlights and landscaping within or adjacent to the site.

32. The developer shall comply with Government Code Section 66436(a) (3) before approval of each final map and shall provide “no objection” letters from the public entity or utility to the satisfaction of the City Engineer.

33. If the subdivider desires site addresses for the lots created by the subdivision, the sub-divider is to furnish a true scale Final Map to the City. Said map is to show driveway locations for all lots and street names for all streets.

34. The Final Map shall show the dedication of all on-site drainage easements, including easements for access thereto, and show monumentation for such easements, as required by the City Engineer and/or Public Works Director, or verify that no easements are required. The Final Map shall include the entire area shown on the Tentative Map and shall not be filed as units or groups of units.

35. Final Maps may be filed as units or groups of units, provided that there will be a minimum six-week interval between approval of each Final Map. Lot design on

Resolution No. XXXX Page 8
the Final Map shall be in substantial conformance to that shown on the Tentative Map. Lot 1 shall be in Unit 1, and the lot number sequencing shall correspond with unit sequencing. The highest numbered lot shall be in the last unit.

36. Upon notification by the City of Atwater that a final map is approved for recordation, the applicant shall pay all costs associated with the transport of the map by city personnel to the Merced County Recorder’s Office.

37. The subdivider shall accomplish the following prior to approval of the Final Map by the City Council:
a. Provide the Department of Public Works with letters or forms approved by the Community Development Director stating
that the applicable agency or agencies have provided
commitment to the site for such public facilities that are required for the subdivision (including, but not necessarily limited to, water and sewer services).
b. Provide the City with a certification from each public utility and each public entity owning easements within the proposed subdivision stating that: (a) they have received from the developer a copy of the proposed map; (b) they object or do not object to the filing of the map without their signature; (c) in case of a street dedication affected by their existing easement, they will sign a ‘subordination certificate" or "jointuse certificate" on the map when required by the governing body. In addition, the subdivider shall furnish proof to the satisfaction of the City Engineer that no new encumbrances have been created that would subordinate the City's interest over areas to be dedicated for public road purposes since submittal of the Tentative Map.G
c. Grant to the appropriate agency, by recorded document, all required off-site easements and all on-site water main
easements that serve fire hydrants, or furnish a letter from said agency that none are required.
d. Provide the Department of Public Works with evidence that any offer of dedication or grant of right-of-way shall be free of all encumbrances or subordinated at the time of recordation of the Final Map.
e. If the subdivider does not have the real property rights necessary for public access or the construction of required improvements, he/she shall request the Planning
Commission to direct City staff to begin eminent domain

Resolution No. XXXX Page 9
proceedings for acquisition of said property rights in
accordance with all applicable City policies. The developer shall agree to pay City the full costs of eminent domain proceedings, including all easement costs. The developer shall also agree to construct required improvements within said easement.
f. Pay off all existing deficit accounts associated with processing this application to the satisfaction of the City.

38. The Developer shall submit a building permit application package for each individual lot which shall include grading plans, a permit application, and plan check and inspection fees and deposits to the Community Development Department. Grading plans shall be approved prior to or concurrently with the approval of the Improvement Plans.

39. The Developer shall provide joint trenching for telephone, gas, electric, and cable TV service for the Development in a combined utility plan submitted with the Building Permit.

40. All existing overhead utilities on-site shall be undergrounded.

41. Meters, hydrants, poles, etc. shall be located clear of the sidewalk and driveways or as determined by the City Engineer. Final locations and the number of such facilities shall be determined at the time the improvement plans are reviewed.

42. All improvements, public and private, shall be designed and constructed in accordance with the most recent edition of the City of Atwater Improvement Standards and Specifications and the most recent edition of the Caltrans Standard Plans and Specifications, all applicable federal, state, and local ordinances, standards, and requirements. Should a conflict arise, the governing specification shall be determined by the City Engineer.

43. Developer shall construct complete dedicated public improvements throughout the development, including, but not limited to, curbs, gutters, sidewalks, roadway construction, street lighting, storm drain, water, sewer, and landscaping. The design and construction of all future public improvements shall be at the developer's sole expense and shall be constructed prior to issuance of any certificate of occupancy.

44. In addition to otherwise applicable development fees, if the subject property is located within an existing or a proposed Benefit District, the developer shall pay the Benefit District fee as set forth in the Engineer’s Report for the applicable Benefit District. Fees shall be charged and paid at the time of building permit issuance. The fees may be adjusted over time according to an index approved by City Council or as allowed by law.

Resolution No. XXXX Page 10

45. Developer shall create assessment district for construction of traffic signal at the intersection of Buhach Road and Piro Drive per letter dated 8/7/2006 to the City of Atwater.

46. The applicant shall secure and comply with all applicable federal, state and local licenses, permits, authorizations, conditions, agreements, and orders prior to or during construction and operation, as appropriate.

47. The project shall establish or annex into an existing Community Facilities District for the on-going Public Services operations including Fire and Police services .

48. The project shall establish or annex into an existing Lighting and Drainage District along with a Landscaping Maintenance District for the on-going maintenance of project lighting, open space areas and any proposed common landscape areas such as parks, landscape medians and parkway strips.

49. An encroachment permit shall be required for any construction to be done in the public right of way or in easements. Please note for any public improvement required sufficient warranty may be required by the city. The encroachment permit shall be obtained prior to the start of said work. The permit fees shall be determined per the current adopted Miscellaneous Fee Schedule.

50. Where the finished grade of the property is in excess of twelve inches (12") higher or lower than the abutting property or adjacent lots, a retaining wall or other suitable solution acceptable to the City Engineer shall be required, and any fence or wall shall be measured from the top of grade on the lower side of the retaining wall or slope. Retaining walls shall be shown on grading plans, shall be structurally engineered if over four (4) feet in height (from base of foundation to top of wall), including surcharge, and will require a separate building permit.

51. The developer shall coordinate all grading and improvements with adjacent property owners to the satisfaction of the City if required due to an encroachment. Any grading or drainage onto adjacent properties shall require written approval of those property owners affected, with said approval provided to the City Engineer.

52. All broken, cracked or otherwise damaged public improvements, such as curb, gutter, and sidewalk, shall be saw cut, removed and replaced in accordance with applicable city standards to the satisfaction of the City Engineer.

53. For the proposed on-site improvements and off-site improvements, the developer shall cause Improvement Plans to be prepared. The plans shall be prepared by a Licensed Civil Engineer or under his/her direction. The plans shall be prepared on 24" X 36" plan sheets and to a reasonable scale. The plans shall be in a format to be approved by the City Engineer and shall show all of the

Resolution No. XXXX Page 11
proposed grading and on-site and off-site improvements for the proposed development. The title of the plan shall be shown at the top of Sheet No. 1.

Sheets shall be numbered in consecutive order. An index showing the sheets contained within and as a part of the Site Improvement Plan shall be shown on Sheet 1. Separate On-Site and Off-site Improvement plan sets shall be submitted for City review.

54. Prior to occupancy, the developer shall supply the City with both hardcopy and electronic (Adobe PDF and AutoCAD file formats) showing plans that reflect the project as it was built (As-Builts or Record Drawings) to the satisfaction of the City Engineer. Off-Site Improvement Plans hardcopy shall be on 4-mil minimum thickness translucent mylar film.

55. The developer shall install water services to the proposed development. Individual water services shall be provided for each individual lot. All services shall be metered.

56. Developer shall install a reduced pressure principle (RPP) backflow device for potable water. All services shall be metered, a Sensus “Flex-Net” radio read meter shall be used. The RPP device shall include unions on both riser pipes for easier maintenance. RPP devices shall be shown on the Site Improvement Plan including, brand names and types.

57. All utility trenches or excavations shall be excavated, backfilled, and compacted in accordance with applicable City Standards and with any conditions for paving structural sections included within this resolution.

58. Applicant shall abandon and remove from the site any existing irrigation lines and other structures found. Lines shall be plugged at the property line with concrete.

59. Any water wells found during construction shall be destroyed and/or demolished in accordance with approved City Standards, requirements, and/or permits.

60. Site design and construction shall include the detention of storm water runoff.

Storm drainage facilities in the project area discharge into facilities of the Merced Irrigation District (MID). If necessary, Owner will enter into “Storm Drainage Agreement with the MIDDID No. 1”, paying an annual maintenance fee and any connection fees as established by the MIDDID No. 1 Board of Directors and as collected by MIDDID No. 1 and on the Merced County Tax Rolls. Existing flows and flows from proposed development are to be part of the storm drainage calculations for the development to be submitted to the City Engineer.

61. Any portion of the drainage system that conveys runoff from public streets shall be installed within a dedicated drainage easement or public street.

Resolution No. XXXX Page 12

62. Hydrologic and hydraulic calculations for determining the storm system design, with water surface profile and adequate field survey cross section data, shall be provided satisfactory to the City Engineer, or verification shall be provided that such calculations are not needed. Applicant shall be required to detain the full runoff volume of a 100 year 24 hour storm event.

63. Developer shall provide for a drainage system capable of handling and disposing of all surface water originating within the Development and all surface water that may flow onto the Development from adjacent lands. Said drainage system shall include any easements and structures required by the City Engineer to properly handle the drainage, and shall be designed so as to prevent ponding of surface water that would create a public health hazard or nuisance.

64. Developer shall comply with Chapter 13.22 of the Atwater Municipal Code "Storm Water Management and Discharge Control" and with the City of Atwater Post Construction Standards Plan.

65. Developer shall process a Post-Construction Stormwater BMP Operation and Maintenance Plan for review and approval to the satisfaction of the City Engineer. Applicant shall comply with the provisions of the City of Atwater PostConstruction Standards Plan.

66. Owner shall execute any agreements identified in the Post-Construction Standards Plan that pertain to the transfer of ownership and/or long-term maintenance of stormwater treatment or hydrograph modification BMPs to the satisfaction of the City Engineer and the Director of the Community Development Department.

67. Developer shall ensure finished pad elevations are at a minimum one foot above the 100-year (1% chance) base flood elevation as shown on the latest Federal Emergency Management Agency (FEMA) floodplain maps for Merced County, California. The developer shall be responsible for all necessary activities, applications, documentation and costs to amend floodplain maps for their development [Letter of Map Amendment Revision (LOMAR)], and for obtaining a Floodplain Permit from the Community Development Director for all projects on parcels identified in a Zone “A” on the FEMA Flood Insurance Rate Maps for the City of Atwater. Application for LOMAR shall be prepared and submitted by the developer prior to grading permit issuance or final map approval, whichever occurs first.

68. Ensure that the site allows for the maneuverability of fire trucks, refuse vehicles, and any emergency service vehicles around the entirety of the site. Permanent site furnishings shall be installed to maintain proper clearance for emergency vehicular turnaround where designated on plan.

69. The grade of the fire apparatus access road shall be within the limits established by the code official based on fire apparatus. (Shall not exceed 10 percent.)

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70. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus (75,000 pounds) and shall be surfaced so as to provide all-weather driving capabilities.

71. Developer to provide sewer loading calculations and report for the development.

Sewer service laterals shall be provided for each individual lot.

72. Any septic systems found during construction shall be destroyed in accordance with approved Merced County Environmental Health requirements.

73. Developer shall properly abandon or relocate all utilities as necessary or required.

74. Developer shall comply with the requirements of all public utility companies.

75. All underground utilities shall be installed in conformance with existing City policy including without limitation the City of Atwater Subdivision and Zoning Ordinances.

76. The installation (if required) of all gas, electric, sewer, and water lines and any other below-surface utilities is to take place before the construction of any concrete curbs, gutters, sidewalks, and the surfacing of streets.

77. Applicant shall comply with all requirements of the San Joaquin Valley Air Pollution Control District (SJVAPCD).

78. The project shall be in compliance with the most recent Americans with Disabilities Act (ADA) regulations.

79. Sight distance requirements at all street intersections shall conform to City Standards.

80. The applicant shall submit a geotechnical report together with improvement plans to the City Engineer for review and approval. The report shall include the information and be in the form as required by the City Engineer and all applicable codes.

81. Developer shall submit three (3) sets of landscaping and irrigation plans to be reviewed and approved by the City of Atwater Public Works Division. Said plans shall be prepared by a landscape architect licensed in the State of California. All landscaped areas shall be equipped with seven-day automatic irrigation systems with battery back-up. All landscaping shall always be maintained and said maintenance shall be the responsibility of the developer. Specific landscaping for screening shall have an appearance of mature growth subject to a field check and approval by the Community Development Director prior to Certificate of

Resolution No. XXXX Page 14
Occupancy.

82. The developer shall plant shade trees along the street frontage areas in accordance with the 2017 Urban Forest Master Plan.

83. All slope banks in excess of two (2) feet in vertical height shall be landscaped and irrigated for erosion control and to soften their appearance as follows:
a. one 15-gallon or larger size tree per each 150 sq. ft. of slope area, one 1- gallon or larger size shrub per each 100 sq. ft. of slope area, and appropriate ground cover 12-24 inches on-center. In addition, slope banks in excess of five (5) feet in vertical height also include one 5-gallon or larger size tree per each 250 sq. ft. of slope area. Trees and shrubs shall be planted in staggered clusters to soften and vary slope plane. Slope planting required by this condition shall include a permanent irrigation system to be installed by the developer prior to occupancy. b. All planting shall be maintained in good growing condition. Such maintenance shall include, where appropriate, pruning, mowing, weeding, cleaning of debris and trash, fertilizing and regular watering. Whenever necessary, planting shall be replaced with other plant materials to ensure continued compliance with applicable landscaping requirements.

Required irrigation systems shall be fully maintained in sound operating condition with heads periodically cleaned and replaced when missing to ensure continued regular watering of landscape areas, and health and vitality of landscape materials.

84. Developer shall provide Park access utilizing APN 005-481-001 west of the property. The access point must have an ADA compliant pedestrian gate and ADA path of travel to the southern portion of the park.

85. Final inspection for occupancy permits will not be granted until all construction and landscaping is complete in accordance with approved plans.

86. The Developer shall construct, to the satisfaction of the Director of the Department of Public Works, a public street lighting system that complies with the following conditions:
a. All fixtures shall use an LED light source.
b. All light standards, heads, and spacing shall be per City Standards.

Proposed lights of an ornamental nature shall not exceed 16 feet in height designed to the satisfaction of the Community Development Director and shall be spaced and located to the satisfaction of the City Engineer. c. Deposit with the City of Atwater, through the Department of Public Works, a cash deposit sufficient to:
d. Energize, maintain, and operate the street lighting system until tax revenues begin accruing from the Development for those purposes.

Resolution No. XXXX Page 15
e. Pay the cost to process lighting district administration of this project

87. Applicant shall submit a complete area water pressure availability study for the Project prior to approval of improvement plans. If the study indicates that the present system is inadequate, Applicant must provide water system modelling prepared with a software simulation program that identifies any remedial action.

88. necessary to abate the deficiency, and shall submit improvement plans for plan check and take all necessary actions at the applicant’s expense.

89. Applicant shall submit a study addressing on- and off-site storm water and/or sewer system capabilities. If the study indicates that the present systems are inadequate, Applicant must provide improvement plans and calculations for additional or upgraded storm water and/or sanitary sewer facilities, including offsite improvements, to correct storm water run-off and sanitary sewer demands anticipated for upstream build-out in accordance with the Atwater General Plan, and take all necessary actions at the applicant’s expense.

90. 6-inch (6”) high Portland Cement Concrete curbing shall be provided between all paved areas and landscaped areas. In addition, curbing between the length of any parking space and a landscaped area shall include a 12” wide “courtesy curb.” Curb cuts shall be allowed for LID drainage designs.

FINANCE

91. When building is ready to connect to City Water and Sewer, owner must submit a Start Service Application for Water, Sewer, and Garbage services.

92. Owner must submit a business license application for review and approval and pay all applicable taxes and fees.

FIRE:

93. Plans, calculations and supporting documentation shall reflect the latest California Building Codes (Title 24) Focusing on the Fire Code, CCR Title 24, NFPA, ASTM, California Fire Marshal requirements, and the Atwater Municipal Code (AMC).

94. Fire Hydrant location will be in accordance with Appendix C (Hydrant Location and distribution) of the 2022 CFC.

PLANNING:

95. All on-site graffiti shall be the responsibility of the property owner. All graffiti shall be abated in accordance with City Graffiti Ordinances.

Resolution No. XXXX Page 16

96. Upon any violation of sign ordinance section 17.69 of the Atwater Municipal Code (AMC), the applicant will be cited and subject to fine.

97. Project shall comply with the most current California Code of Regulations Title 24, parts 1 through 12, the most current Health and Safety Codes and the most current Fire and Life Safety Codes, all along with the California State Amendments.

98. The applicant shall coordinate with the City of Atwater to create a Landscaping and Lighting District.

99. The developer shall comply with the Residential Design Guidelines. Minor changes to the architectural style or square footage shall be reviewed and approved by the Community Development Director.
100. The project shall comply with Chapter 17.44: “Planned Development Districts” of the Atwater Municipal Code including but not limited to sections 17.44.110,

17.44.140 and 17.44.150.
101. The applicant shall annex into the Community Facilities District 2006-2 Meadow View Estates (Public Safety Services).
102. The applicant shall comply with all conditions of the Merced County Division of Environmental Health, including the handling of all potentially hazardous material. 103. The City Council shall retain the right to reconsider Vesting Tentative Subdivision Map No. 22-23-0100 and Planned Development Final Development Plan No. 24- 25-0100 at any time.
104. The Tentative Subdivision Map shall expire within one (1) year from the day of approval if the operation has not started.
105. The development plan, pursuant to Section 17.44.020.G. shall remain in effect unless construction consistent with the approved development plan has not begun within two years of initial approval. Extensions of time up to two additional years for the initiation of development pursuant to the development plan may be granted by the City Council in one-year increments if requested before the expiration date.

Prior to City Council's consideration of any extension, the written request shall be submitted to the Planning Commission for recommendation. 106. All designs and architecture shall substantially conform to the previously approved Master Plan No. 04-3 for PD-29.
107. All Conditions of Approval for this project shall be written by the project developer on all building permit plan check sets submitted for review and approval. These Conditions of Approval shall be on, at all times, all grading and construction plans

Resolution No. XXXX Page 17
kept on the project site. It is the responsibility of the project developer to ensure that the project contractor is aware of, and abides by, all Conditions of Approval.

Prior approval from the Community Development Director must be received before any changes are constituted in site design, grading, building design, building colors or materials, etc.
108. This approval is dependent upon and limited to the proposals and plans contained, supporting documents submitted, presentations made to staff, 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.\
109. 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, officers, 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 limitations. 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 applicant’s 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.

POLICE DEPARTMENT:

Commercial Properties in the Development:
110. Any external electricity is secured to prevent theft of utilities. 111. Addition of adequate lighting to prevent unwanted access or camping on the property.
112. Any external water is secured to prevent theft of utilities.

Residential properties:
113. Block fencing on the border with the existing park to prevent unauthorized access.

PUBLIC WORKS:
114. Trash enclosure must be large enough to contain (2) three-yard bins.

TRAFFIC:

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115. If the Project is entirely consistent with the City’s General Plan, pursuant to the MCAG VMT Thresholds and Implementation Guidelines it is estimated to have less than significant VMT impacts and thus can be screened out from having to prepare a quantitative VMT analysis.
116. The project shall prepare a trip generation, distribution and fair share 117. Analysis for a future traffic signal at the intersection of Buhach and Piro. The distribution analysis shall include both AM and PM peak period trips to the intersection. The fair share analysis shall utilize the Caltrans equitable fair share formula and the cumulative year 2045 traffic forecasting volumes.

MID:
118. MID operates and maintains the Livingston Canal within a 150-foot wide fee strip as granted by that certain deed recorded December 29, 1879 in Book P of Deeds, Page 440, Merced County Records. This canal is offsite but just south of the subject property and will be the recipient of the project’s storm drainage. 119. The proposed development (APN 005-070-052) is subject to the executed Drainage Agreement between the Merced Irrigation District for Merced Irrigation Drainage Improvement District No.1 and Castle Park Mini-Storage. The agreement is recorded with the County of Merced, June 17, 2005, as Document No. 2005-045688, Merced County Records.
120. Owner/Developer will enter into an “Encroachment Agreement” for any work associated with MID Facilities.
121. MID will require an MID signature block be provided on the improvements plans for any work associated with MID facilities.
122. The proposed development will be subject to all fees and conditions set forth in the Drainage Agreement recorded as Document No. 2005-045688, Merced County Records.

PG&E:
123. PG&E operates a high-voltage electric transmission line within an easement on this property, recorded in Volume 1569 at Page 949 of Merced County records.

Said easement prohibits the erection or construction of any building or other structure within the easement area. PG&E’s transmission easement shall be designated on subdivision/parcel maps as “RESTRICTED USE AREA – NO BUILDING.”
124. Cuts, trenches or excavations may not be made within 25-feet of PG&E towers.

PG&E engineers must review grade changes in the vicinity of our towers. No

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fills will be allowed which would impair ground-to-conductor clearances. The Company requests a full grading plan be provided within the easement area. 125. Pipelines may be allowed provided crossings are held to a minimum and to be as nearly perpendicular as possible. Pipelines within 25-feet of PG&E structures require review by PG&E. There is a proposed 18-inch storm drain that appears to be within 25-feet of PG&E’s tower structure. The Company requests a complete utility and construction plan be submitted prior to any construction commencing.
126. The proposed storm drain retention basin is in conflict and hinders PG&E’s ability to safely access and maintain the transmission line. The Company requests the referenced basin be relocated outside of the easement area or be shortened and reduced within the easement area so that the distance between said basin and any tower structure is maximized. Unobstructed, heavy equipment access to the transmission facilities must be maintained at all times.

The foregoing resolution is hereby adopted this 14th day of October, 2024.

AYES:

NOES:

ABSENT:

APPROVED:
______________________________

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