Agenda packet — Atwater City Council, October 28, 2024 (part 3 of 3)

17 11. Payment. The City will make partial and final payment to the Contractor except that the City will retain five percent (5%) of the final payment amount until the expiration of thirty-five (35) days from the date of recording by City of the notice of acceptance of completion of all work covered by this Contract, at which time and not before, City shall pay to Contractor the remaining five percent (5%), less any previous payments and deductions provided for herein.

The closure date for the purpose of making monthly progress payment will be the last calendar day of that month. The Contractor may request in writing that such monthly closure date be changed.

The Engineer may approve such request when it is compatible with the City’s payment procedure.

Each month, the Contractor will submit its own invoice for work performed through the closure date and the Engineer will make an approximate measurement of the work performed through the closure date and as a basis for making monthly payments, estimate its value based on the Contract unit prices or as the Engineer deems appropriate. The City will endeavor to, not later than twenty (20) working days after receipt of the Contractor’s invoice, make partial payment to the Contractor, based on work performed and material incorporated in the project as of the closure date of the particular calendar month, providing that the Contractor’s invoice for the work performed agrees with the Engineer’s determination. If the Engineer’s determination differs from the Contractor’s invoice, the City will make payment to the Contractor for those items or portions of items not in dispute not later than payment would have been made had no dispute occurred. Within ten (10) calendar days after agreement on disputed work is achieved between the City and the Contractor, the City shall pay the Contractor for any additional monies due as a result of settling any dispute. When the work has been satisfactorily completed, the Engineer will determine the quantity of work performed and prepare the final estimate.

The payment of progress payments by the City shall not be construed as an absolute acceptance of the work done up to the time of such payments, but the entire work is to be subjected to the inspection and approval of the City and subject to whatever inspection and approval may be required by law.

It is further agreed by the Parties that before each payment is made as provided above, receipts and releases of liens of all kinds for all labor and materials and all other indebtedness connected with the work shall be presented to the City by the Contractor upon the request of the City.

12. Prevailing Wage. The statement of prevailing wages appearing in the General Prevailing Wage Rates is hereby specifically referred to and by this reference is made a part of this Contract. It is further expressly agreed by and between the Parties hereto that should there be any conflict between the terms of this instrument and the bid or proposal of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the terms of said proposal conflicting herewith.

13. Article VI. The improvements contemplated in the performance of this Contract is a FederalAid improvement over which the State of California shall exercise general supervision. The State of California therefore shall have the right to assume full and direct control over this Contract whenever the State of California, at its sole discretion, shall determine that its responsibility to the United States so requires. In such cases, the State Contract Act will govern.

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18 IN WITNESS WHEREOF, three (3) identical counterparts of this Contract, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Parties hereinabove named, on the day and year first herein written.

ATTEST:

CITY OF ATWATER, a Municipal Corporation
(Herein called Owner)
By: ________________________________________ By:_______________________________________ Lucy Armstrong, City Clerk Lori Waterman, City Manager
APPROVED AS TO FORM: ______________________________________ (Here in called Contractor)
By:________________________________________ By:_______________________________________ Jose Sanchez, City Attorney Contractor licensed in accordance with an act providing for the registration of contractors.

ACCOUNT DATA: LICENSE NO. ______________________________ PROJECT NO. 19-9 TAXPAYER I.D. NO. ________________________ Contract No. ________________________________ VENDOR NO. ______________________________ Project Account No./Amount: ADDRESS:________________________________ _____________________ / $ _________________ PHONE:___________________________________ FAX: _____________________________________
EMAIL:___________________________________
By:__________________________________________ (SEAL)
Finance Director Verification

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19 FAITHFUL PERFORMANCE BOND
(Contract)
WHEREAS, the City of Atwater, State of California, and ____________________ , the Contractor, have entered into a contract to perform certain work as set forth in the contract for PROJECT NO. 19-9; and, WHEREAS, __________________________________ hereinafter designated as Principal, has agreed to install and complete said work.

NOW, THEREFORE, we the Principal and _______________ , as Surety, are held and firmly bound unto the City of Atwater, hereinafter called "City" in the penal sum of $ _ , lawful money of the United States, for payment of which sum well and truly to be made, we bond ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns shall in all things stand to and abide by and well and truly keep and perform the covenants, conditions and provisions of said improvement requirements, and any lawful modification thereof, on their part; and such work is performed at the time and in the manner specified by the City, and shall indemnify and save harmless the City, its officers, agents and employees as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed, or to the specifications accompanying such work shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the work or to the specifications.

IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named on ________________ .

By: ____________________________ By: ______________________________

PRINCIPAL SURETY

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20 LABORERS AND MATERIALMENS BOND
(Contract)
WHEREAS. the City of Atwater, State of California, and ____________________ , the Contractor, have entered into a contract to perform certain work as set forth in the contract for PROJECT NO. 19-9; and, WHEREAS, ____________________________ , hereinafter designated as Principal, has agreed to install I and complete said work; and,
WHEREAS, said Principal is required under the terms of the Contract Specifications to furnish a bond to secure the claims to which reference is made in Title 15 commencing with Section 3082 of Part 4 of Division 3 of the Civil Code of the State of California. Now, said Principal and the undersigned as Surety are held and firmly bound unto the City of Atwater, hereinafter called the City, and all contractors, subcontractors, laborers, materialsmen and other persons employed in the performance of the work and refereed to in the aforesaid Code of Civil Procedure in the sum of $ , lawful money of the United States, for materials furnished or labor thereon-of any kind or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that Surety will pay the same in an amount not exceeding the amount hereinabove set forth and also in case suit is brought upon this bond, will pay in addition to the face amount thereof costs and reasonable expenses and fees, including reasonable attorneys' fees incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 commencing with Section 3082 of Part 4 of Division 3 of the Civil Code so as to give a right of action to them or their assigns in any suit brought upon this bond.

Should the condition of this bond be fully performed, then this obligation shall become null and void. Otherwise, it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said conditions or work shall in any manner affect its obligation on this bond, and it does hereby waive notice of any such change, extension, alteration or addition.

IN WITNESS WHEREOF this instrument has been duly executed by the Principal and Surety above named on ________________ .

By: ____________________________ By: ______________________________

PRINCIPAL SURETY

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ATTACHMENT 1

FEDERAL WAGE RATES
FEDERAL MINIMUM WAGES MAY BE VIEWED AT THE FOLLOWING LINK:
http://www.wdol.gov/dba.aspx
GENERAL PREVAILING WAGE RATE (CALIFORNIA) MAY BE VIEWED AT THE FOLLOWING LINK:
http://www.dir.ca.gov/dlsr/pwd/

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CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

October 28, 2024
TO: Mayor and City Council
FROM: Michael Salvador, Police Chief

PREPARED
BY:

Michael Salvador, Police Chief
SUBJECT: Approve Budget Amendment Appropriating Funds from the 2024 Edward Byrne Memorial Justice Assistance Grant (JAG) Program (Police Chief Salvador)

RECOMMENDED COUNCIL ACTION
Adoption of Resolution No.3500-24 approving Budget Amendment No. 5 amending the Fiscal Year 2024-25 Budget regarding appropriating funds in the amount of $14,078.00 to the Fiscal Year 2024-25 Police Grants Budget derived from the United States Department of Justice, Office of Justice Programs, Bureau of Justice Assistance’s 2024 Edward Byrne Memorial Justice Assistance Grant (JAG) Program.

I. BACKGROUND/ANALYSIS:

The U.S. Department of Justice (DOJ), Office of Justice Programs, Bureau of Justice Assistance (BJA) administers a federal funding program known as the Edward Byrne Memorial Justice Assistance Grant (JAG) Program to further the mission of preventing or reducing crime and violence.

Applications are limited to states and units of local governments appearing on the JAG Allocation List. The JAG Program is the primary provider of federal criminal justice funding to state and local jurisdictions. JAG funds support all components of criminal justice, from multijurisdictional drug and gang task forces to crime prevention and domestic violence programs, courts, corrections, treatment, and justice information sharing initiatives.

JAG funded projects may address crime through the provision of services directly to individuals and/or communities, and by improving the effectiveness and efficiency of criminal justice systems, processes, and procedures. A public hearing took place on September 23, 2024 as a requirement of the program to give the public an opportunity to comment on the use of the funds. The City receives an allocation of JAG funding based on their share of violent crime and population (weighted equally).

The City’s 2024 allocation is $14,078.00 with no local match required under the JAG

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

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Agenda Report - Approve Budget Amendment Appropriating Funds from the 2024 Edward Byrne Memorial Justice Assistance Grant (JAG) Program (Police Chief Salvador) Page 2

Program. Past awards were used to purchase patrol room computers, UPS storage backup device for the computer server supporting the CAD, lidar, flares, evidence drying cabinets, laptops, tasers, and other gear to assist Police Officers with law enforcement duties.

This funding allows the Police Department to purchase equipment that would otherwise not be purchased due to budget limitations. Staff is recommending the 2024 JAG allocation to be used to purchase officer safety equipment in the form of ballistic helmets.

The Department has been notified that the application has been accepted, and the grant has been awarded to the Police Department. This item appropriates the grant so the Police Department can make the purchases identified in the grant.

II. FISCAL IMPACTS:

This is a 100% reimbursable grant, with no local match to the City. Staff recommends approval of a Budget Amendment to increase the appropriation in the following expense account by $14,078.00: Police Grant Fund, Bureau of Justice Assist. 2024 Grant, Machinery and Equipment 1005-2039-6021. Along with establishing a revenue account as follows: Bureau of Justice Assistance Grant (JAG Grant 2024) 1005-2039-3174. This item has been reviewed by the Finance Department.

III. LEGAL REVIEW:

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

IV. EXISTING POLICY:

This item is consistent with goals number one (1) and two (2 ) of the City's 2020-2025 Strategic Plan: to ensure financial solvency and to ensure safety of staff and our community, respectively. This item is also consistent and assists in the execution of the Police Department Strategic Plan that was introduced on April 8, 2019.

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

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Agenda Report - Approve Budget Amendment Appropriating Funds from the 2024 Edward Byrne Memorial Justice Assistance Grant (JAG) Program (Police Chief Salvador) Page 3

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

IX. STEPS FOLLOWING APPROVAL:

Upon City Council approval, Finance will execute the resolution and make the appropriate budget adjustments.

Submitted by:

Michael Salvador, Police Chief
Approved by:

Chris Hoem, City Manager
Attachments:

1. JAG Budget Amendment

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CITY COUNCIL
OF THE

CITY OF ATWATER
RESOLUTION NO. XXXX-24

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ATWATER APPROVING BUDGET
AMENDMENT NO. X AMENDING 2024-2025
FISCAL YEAR BUDGET REGARDING 2024

BUREAU OF JUSTICE ASSISTANCE LOCAL JAG

PROGRAM FUNDING
WHEREAS, the City Council of the City of Atwater adopted Resolution No. 3464-24 adopting the 2024-2025 Fiscal Year Budget on June 10, 2024 and; WHEREAS, from time to time, and in order to operate effectively, it is necessary to amend said budget and;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Atwater does hereby approve Budget Amendment No. X to the 2024-2025 Fiscal Year Budget as follows:

SECTION 1: Increasing budget in Police Grants Fund for Fiscal Year 2024-2025 Increasing Budget
(Revenue)
1005.2039.3174 Bureau of Justice
Assistance Grant (JAG
Grant 2024)
$14,078
Increasing Budget
(Expense)
1005.2039.6021 Machinery and
Equipment
$14,078
.

BE IT FURTHER RESOLVED, that a copy of this resolution appends to the original budget document that is available in the Finance Department and the City Clerk/Board Clerk’s office.

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Resolution No. XXXX-24 Page 2
BE IT FURTHER RESOLVED that a copy of this resolution appends to the original budget document that is available in the Finance Department and the City Clerk/Board Clerk’s office.

The foregoing resolution is hereby adopted this 28th day of October 2024.

AYES:

NOES:

ABSENT:

APPROVED:

________________________________

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

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CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

October 28, 2024
TO: Mayor and City Council
FROM: Michael Salvador, Police Chief

PREPARED
BY:

Michael Salvador, Police Chief
SUBJECT: Approve Budget Amendment Appropriating Funds from the 2024 Patrick Leahy Bulletproof Vest Partnership Grant Program (Police Chief Salvador)

RECOMMENDED COUNCIL ACTION
Adoption of Resolution No.3501-24 approving Budget Amendment No. 6 amending the Fiscal Year 2024-25 Budget regarding appropriating funds in the amount of $10,603.24 to the Fiscal Year 2024-25 Police Grants Budget derived from the United States Department of Justice, Office of Justice Programs, Bureau of Justice Assistance’s 2024 Patrick Leahy Bulletproof Vest Partnership Grant Program.

I. BACKGROUND/ANALYSIS:

The U.S. Department of Justice (DOJ), Office of Justice Programs, Bureau of Justice Assistance (BJA) administers a federal funding program known as the 2024 Patrick Leahy Bulletproof Vest Partnership Grant Program to further the mission of protecting police officers.

Applications are limited to states and units of local government. The 2024 Patrick Leahy Bulletproof Vest Partnership Grant Program is a source of funding to local and state jurisdictions to provide body armor to police officers.

The City’s 2024 allocation is $10,603.24. The grant pays for 50% of the cost of individual officers wearable body armor; the city is required to provide a 50% local match.

This funding allows the Police Department to purchase equipment that would otherwise not be purchased due to budget limitations. Staff is recommending the 2024 Patrick Leahy Bulletproof Vest Partnership Grant Program allocation to be used to purchase new and replacement body armor for our officers.

The Department has been notified that the application has been accepted, and the grant has been awarded to the Police Department. This item appropriates the grant so the

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

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Agenda Report - Approve Budget Amendment Appropriating Funds from the 2024 Patrick Leahy Bulletproof Vest Partnership Grant Program (Police Chief Salvador) Page 2

Police Department can make the purchases identified in the grant.

II. FISCAL IMPACTS:

This is a 50% reimbursable grant, with a 50% local match to the City. Staff recommends approval of Budget Amendment No. X to increase the appropriation in the following expense account by $10,603.24: Police Grant Fund, Bureau of Justice Assist. 2024 Body Armor Grant, Special Departmental Expense 1005-XXXX-2021. Along with establishing a revenue account as follows: Bureau of Justice Assistance 2024 Body Armor Grant 1005-XXXX-3174. 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:

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:

Upon City Council approval, Finance will execute the resolution and make the appropriate budget adjustments.

Submitted by:

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Agenda Report - Approve Budget Amendment Appropriating Funds from the 2024 Patrick Leahy Bulletproof Vest Partnership Grant Program (Police Chief Salvador) Page 3

Michael Salvador, Police Chief
Approved by:

Chris Hoem, City Manager
Attachments:

1. Budget amendment resolution

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CITY COUNCIL
OF THE

CITY OF ATWATER
RESOLUTION NO. XXXX-24

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ATWATER APPROVING BUDGET
AMENDMENT NO. X AMENDING 2024-2025
FISCAL YEAR BUDGET REGARDING 2024

PATRICK LEAHY BULLETPROOF VEST

PARTNERSHIP GRANT PROGRAM
WHEREAS, the City Council of the City of Atwater adopted Resolution No. 3464-24 adopting the 2024-2025 Fiscal Year Budget on June 10, 2024; and WHEREAS, from time to time, and in order to operate effectively, it is necessary to amend said budget.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Atwater does hereby approve Budget Amendment No. x to the 2024-2025 Fiscal Year Budget as follows:

SECTION 1: Increasing budget in Police Grants Fund for Fiscal Year 2024-2025 Increasing Budget
(Revenue)
1005.XXXX.3174 Body Armor Grant
2024
$10,604
Increasing Budget
(Expense)
1005.XXXX.6021 Special Departmental
Expense
$10,604
.

BE IT FURTHER RESOLVED, that a copy of this resolution appends to the original budget document that is available in the Finance Department and the City Clerk/Board Clerk’s office.

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The foregoing resolution is hereby adopted this 28th day of October 2024.

AYES:

NOES:

ABSENT:

APPROVED:

________________________________

MIKE NELSON, MAYOR
ATTEST:
_________________________________

KORY BILLINGS, CITY CLERK

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CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

October 28, 2024
TO: Mayor and City Council
FROM: Justin Vinson, Public Works Director

PREPARED
BY:

Justin Vinson, Public Works Director
SUBJECT: Accept the Tennis Court Resurfacing Project as Complete (Public Works Director Vinson)

RECOMMENDED COUNCIL ACTION
Accepts work done under the contract for the Tennis Court Resurfacing Project, City Project No. 24-11; authorizes a final payment in the amount of $29,300.00 for the project; and authorizes and directs the City Manager to sign a Notice of Completion and have it recorded on behalf of the City.

I. BACKGROUND/ANALYSIS:

The City of Atwater currently has two tennis courts in its inventory. Both courts are located inside of Osborn Park and are located right next to each other with a fence surrounding them. The courts have a door with a key to gain access to the courts. The keys can be purchased through the Recreation Department located at 760 E. Bellevue Rd and cost $80 for one year for a resident and $100 a year for non-residents. On Sundays, the Public Works Department opens up the tennis courts for the public to use free of charge.

The tennis courts had not been resurfaced since 2007 and were in poor shape. There were cracks forming on the courts, as well as fading of the lines and surface of the tennis courts. During the budget review, staff and council recognized the need for resurfacing the courts and included a budget to have this work completed. The scope of the work consisted of:
• Cleaning the entire court surface as needed
• Filling all cracks with acrylic crackfiller and sand down repairs • Applying one coat of acrylic resurface to the entire surface • Applying two coats of acrylic color to the entire surface • Stripe two tennis courts to official measurements
Staff reached out to four different contractors to obtain quotes for the resurfacing of the

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

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Agenda Report - Accept the Tennis Court Resurfacing Project as Complete (Public Works Director Vinson) Page 2

tennis courts. Three of the contractors declined to bid on the project. Champion Courts, Inc. was the one and only quote but was well under the $50,000 budgeted for the resurfacing and their bid came in as responsive and a responsible bid.

II. FISCAL IMPACTS:

Sufficient funding to pay the amount of $29,300.00 is contained in the account American Rescue Plan Act (ARPA) Fund, Capital Improvements, Tennis Court Resurface Account No. 1010-1080-X004.

This item has been reviewed by the Finance Department.

III. LEGAL REVIEW:

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

IV. EXISTING POLICY:

This item consists of goals number one (1) and two (2) of the City's Strategic Plan; to ensure the City's continued financial stability and to improve public safety, respectively.

V. ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

This item has been reviewed by all departments.

VII. PUBLIC PARTICIPATION:

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

VIII. ENVIRONMENTAL REVIEW:

This project is Categorically Exempt (CE) pursuant to the California Environmental Quality Control Act (CEQA) guidelines, Section 15301, Class 1(c): Operation, repair, maintenance, or minor alteration to existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities.

IX. STEPS FOLLOWING APPROVAL:

Upon City Council approval, the City Manager will execute the Notice of Completion and the City Clerk’s office will record the Notice; and the payment to Champion Courts Inc. will be processed.

Attachments:

1. Exhibit A - Notice of Completion Tennis Court Resurfacing

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Recorded at the request of:

CITY CLERK
Return to

CITY OF ATWATER
1160 FIFTH STREET
ATWATER, CA 95301

NOTICE OF COMPLETION
(INDIVIDUAL OR CORPORATION)
Notice is Hereby Given That:

1. The work of improvement as a whole was completed upon the hereinafter described real property on: October 21, 2024.

2. The name and address of the owner giving and filing this notice:

Name Street and No. City State
CITY OF ATWATER 750 BELLEVUE ROAD ATWATER CALIFORNIA
The interest of said owner was acquired subsequent to the commencement of the work of improvement from:

Name Street and No. City State
N/A
The names and addresses of all other co-owners, if any, who own an estate or interest in said real property, whether as joint tenants or tenants in common, or otherwise, are:

Name Street and No. City State
N/A

3. That the nature of the interest or estate of the owner in and to said real property is in fee: _______yes________

4. That the name of the original contractor for the work of improvement referred to above is: Champion Courts Inc. of West Sacramento, CA

5. That the street address of said property is: Located inside Osborn Park in Atwater, CA

6. That the real property herein referred to is situated in the City of Atwater, County of Merced, State of California, and particularly described as follows:

Tennis Court Resurfacing
City Project No. 24-11
Verification for CORPORATE owner: _______________________________________

CHRIS HOEM, CITY MANAGER

STATE OF CALIFORNIA
} ss
County of Merced
On before me, Janell Martin, Notary Public, personally appeared Lori Waterman, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

___________________________________

JANELL MARTIN, NOTARY PUBLIC

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CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

October 28, 2024
TO: Mayor and City Council
FROM: Justin Vinson, Public Works Director

PREPARED
BY:

Justin Vinson, Public Works Director
SUBJECT: Adopt Resolution Amending the Fiscal Year 2024-2025 Miscellaneous Fee Schedule (Public Works Director Vinson)

RECOMMENDED COUNCIL ACTION
Open the Public Hearing and receive any testimony given regarding the proposed amendments to the Fiscal Year 2024-2025 Miscellaneous Fee Schedule;

Close the Public Hearing;

Motion to adopt Resolution No. 3502-24 amending the City of Atwater's Miscellaneous Fee Schedule for Fiscal Year 2024-2025
Motion to approve staff's recommendation as presented.

I. BACKGROUND/ANALYSIS:

The Atwater Christmas Parade is an annual community event that was originally started by the Atwater Chamber of Commerce. In an effort to keep this beloved event going for our residents, the City, in collaboration with Old Town Atwater, hosted the parade for the last two years. Over the last two years, our parade has grown to more than sixty entries that include a variety of local organizations, businesses, and schools. Our goal is to continue this annual Atwater tradition for the thousands of spectators and participants who look forward to this event each Christmas.

To run the parade, staff estimates a total cost of $2,635.24 in expenditures. This cost includes $1,110.24 for extra police officers and staff from Public Works, $725 to cover the rental cost of barricades, street sweeper, and lighting, $650 for a DJ with a sound system to announce the participants, and $150 for trophies for winners. Based on an average of 60 entries, the total cost to recoup these fees for the parade entries is estimated at $45 per entry. In previous years, Old Town Atwater charged $50 per entry.

There will also be a new, additional fee of $5 per horse to enter the parade. This will cover the cost of an employee walking the parade route afterward, ensuring cleanup of the horses is completed.

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

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Agenda Report - Adopt Resolution Amending the Fiscal Year 2024-2025 Miscellaneous Fee Schedule (Public Works Director Vinson) Page 2

II. FISCAL IMPACTS:

There is sufficient funding in the Community Events Budget due to not holding the Miss Atwater Event.

This item has been reviewed by the Finance Department.

III. LEGAL REVIEW:

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

IV. EXISTING POLICY:

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

V. ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

This item has been reviewed by all departments.

VII. PUBLIC PARTICIPATION:

A Public Hearing Notice for this item was published in the Merced Sun-star. Additionally, the public will have an opportunity to provide comments on this item prior to City Council action.

VIII. ENVIRONMENTAL REVIEW:

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

IX. STEPS FOLLOWING APPROVAL:

Upon adoption of Resolution 3502-24, amending the Miscellaneous Fee Schedule, the City Clerk will circulate the new Fee Schedule to all Departments to begin charging the amended fees upon the effective date.

Submitted by:

Justin Vinson, Public Works Director

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Agenda Report - Adopt Resolution Amending the Fiscal Year 2024-2025 Miscellaneous Fee Schedule (Public Works Director Vinson) Page 3

Approved by:

Chris Hoem, City Manager
Attachments:

1. Reso No XXXX-24 Amend Misc Fee Schedule FY 24-25

2. FY 2024-25-MASTER MISC FEE SCHEDULE-FINAL

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CITY COUNCIL
OF THE

CITY OF ATWATER
RESOLUTION NO. XXXX-24

RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ATWATER AMENDING THE FISCAL
YEAR 2024-2025 MISCELLANEOUS FEE

SCHEDULE
WHEREAS, the City of Atwater has established a Citywide fee structure “Miscellaneous Fee Schedule” to offset the costs of services; and
WHEREAS, the City of Atwater’s Miscellaneous Fee Schedule is adopted by resolution; and
WHEREAS, the City Council adopted Resolution No. 3460-24 setting the most recent Miscellaneous Fee Schedule on June 10, 2024; and
WHEREAS, the Miscellaneous Fee Schedule has been amended from time to time by resolution to amend said fees and changes for described services; and WHEREAS, the a public hearing has been noticed for October 28, 2024 to consider certain amendments and setting the Miscellaneous Fee Schedule.

WHEREAS, staff if recommending adding a fee for entry to the Christmas Parade and a horse entry fee.

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

A. All previous resolutions that set and/or amended the Miscellaneous Fee Schedule are hereby repealed and superseded by Resolution No. XXXX-24.

B. The Miscellaneous Fee Schedule, attached hereto as EXHIBIT “A” and made a part of herein, is hereby approved.

C. The purpose of the fees set forth in the City’s Miscellaneous Fee Schedule EXHIBIT “A” of this resolution is to recover up to the full, lawfully recoverable costs incurred by the City.

D. Effective Date. All new and/or increased fees shall be effective upon adoption of this resolution with the exception of fees established in accordance with

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Resolution No. 3378-23 Miscellaneous Fee Schedule Page 2 Government Code Section 66017. Development related new and/or increased fees shall be effective sixty (60) days following the effective date of this resolution.

E. Repealer. These fees shall supersede the corresponding fees previously established by the City. All previously adopted and confliction fees, and all resolutions and other actions of the City Council are hereby repealed to the extent they conflict with the contents of this resolution.

F. Severability. The individual fees and charges set forth in EXHIBIT “A” of this resolution and portions of this resolution are severable. Should any of the fees or charges or any portion of this resolution be adjudged to be invalid and unenforceable by a body of competent jurisdiction, then the remaining fees, charges and/or resolution portions shall be and continue in full force and effect, except as to those fee, charges, and/or resolution portions that have been adjudged invalid. The City Council of the City of Atwater hereby declared that is would have adopted each of the fee and charges set forth in EXHIBIT “A” of this resolution, and this resolution and each section, subsection, clause, sentence, phrase and other portion thereof, irrespective of the fact that one or more of the fees, charges, or sections, subsections, clauses, sentences, phrases or other portions of this resolution may be held invalid or unconstitutional.

The foregoing resolution is hereby adopted this 28th day of October 2024.

AYES:

NOES:

ABSENT:

APPROVED:

________________________________

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

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Miscellaneous Fee Schedule
Fiscal Year 2024-25 CPI% increase for FY 24/25

3.682%
Amended October 28, 2024
MISCELLANEOUS FEES: 2024-25
Cost Recovery, Legal Services Actual Cost
Cost Recovery, Liability Claim Processing Actual Cost
Notary Services (as set by GC 8211) No COLA associated $15 per signature Mailed Copies of City Council Agenda (per fiscal year) $44 Mailed Copies of City Council Minutes (per fiscal year) $41 $148
Copy of City Council Video DVD $12
Final Budget (summary) $14
Final Budget $53
Copy of Municipal Code to CD $12
Preliminary Budget $37
Annual Financial Statement $33
Five Year Capital Improvement Budget $22
Voucher $38
Business License Listing $29
Mailing Labels for Business License $38
Abatement Lien $49
Photocopies (first page) $4
Photocopies (per copy of B/W) $0.12
Photocopies (per copy of color) $0.22
Public Hearing Processing Fee Actual Cost
Returned Items $47
Electronic Payment Processing Fees Up to 5% of the total amount Donation Bin Permit/Renewal Processing Fee $50 annually Donation Bin Permit Sticker (replacement) $13
Research Actual Cost
COMMUNITY DEVELOPMENT:

BUILDING DIVISION:

Building Inspection Fee (minimum 1 hour) $130 per hour
Monthly Building Activity Reports (per fiscal year) $35 Building Permit Plan Reproduction (smaller than 11x17) $88 Building Permit Plan Reproduction (larger than 11x17) $175 Mailed Copies of City Council and Planning Agendas and Minutes (per fiscal year)
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PLANNING DIVISION:

Building Permit Application Plan Review (15 mins.) $56
Building Permit Application Plan Review (16 to 30 mins.) $112 Building Permit Application Plan Review (over 30 mins.) $223 General Plan (Copy or Disk) $67
General Plan EIR (Copy or Disk) $73
Specific Plan Application Deposit $10,157, Actual Cost + 20% Specific Plan Preparation Actual cost + 20%
Housing Element (Copy or Disk) $45
General Plan or Zoning Map Reproduction $16
Street Tree Master Plan $37
Annexation Application $3,063 plus $115 per acre
$242
$242
Environmental Assessment (Review of private prepared document) Actual Cost + 20% Actual Cost + 20%
Environmental Impact Report Preparation Actual Cost + 20% General Plan Amendment Preparation Deposit $2,031, Actual cost + 20% Home Occupation Permit $225
Lot Line Adjustment Deposit $676 + actual cost
Lot Merger Deposit $676 + actual cost
Monthly Building Activity Reports (per fiscal year) $34 Pre-zoning Deposit $2,041 + actual cost
Reversion to Acreage Deposit $676 + actual cost
Sign Review $190
Site & Architectural Plan Review Deposit $1,029 + actual cost Tentative Subdivision Map
Deposit $3,046 + $61 per lot, Actual Cost +
20%
Tentative Parcel Map
Deposit $1,876 + $61 per lot, Actual Cost +
20%
Condominium Conversion Actual Cost + 20%
Regular Conditional Use Permit Actual Cost. $2,000 Minimum Deposit Conditional Use Permit Amendment $361
Conditional Use Permit Monitoring $147 Annually
Commercial Conditional Use Permit General Plan Update Fee $248 Variance Deposit $993, Actual Cost + 20%
Zone Change Deposit $1,847, Actual Cost + 20%
Zoning Ordinance Text Amendment Deposit $1,847, Actual Cost + 20% Time Extension Request Application Original Application Fee Planned Development Zone:

Master Plan Application Deposit $2,242, Actual Cost + 20% Final Development Plan Application Deposit $2,242, Actual Cost + 20% Planned Development Amendment: Deposit $1,130, Actual Cost + 20% Development Agreement Preparation Actual Cost + 20%
BUSINESS LICENSE:

Nonrefundable License Application Fee $40
Appeal Fee Actual Cost
Amendment to Business License Fee $30
Duplicate License Fee $5
CANNABIS REGULATORY PERMIT:

Cannabis Application Fee Actual Cost. $1,500 Minimum Deposit Appeal of Staff Decision to Planning Commission
Appeal of Planning Commission Decision to City Council
Environmental Assessment Preparation for Private Development Project
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Cannabis Application Renewal Fee $345
Appeal Fee Actual Cost
Cannabis Regulatory Permit, Annual $15,000
Cannabis Regulatory Permit Amendment $400
ENGINEERING DIVISION:

Cost Recovery, Legal Services Actual Cost + 20%
Improvement Standards and Specifications Book $38
Map or Document Research (minimum 1 hour) Actual Cost + 20% Improvement Plans Review, City Staff 3% of value
Deposit 3% of value, Actual Cost + 20%
Traffic Plan Check Review Actual Cost
Storm Water Quality Control Plan Review $803
Swimming Pool Permit $38
3% of value ( $259 minimum)
Encroachment Permit for Public Utilities (AT&T, PG&E, MID, Comcast, etc.) $311 Inspections for Public Utilities Company Permits, City Staff $134 per hour Inspections for Public Utilities Company Permits, Consultant Actual Cost + 20% Well Construction (except drinking water) $311
Well Abandonment $311
Encroachment Permit for Driveway Approach Replacement $311 Encroachment Permit for Sidewalk Replacement $311
Encroachment Permit for Utilities Installation (Street Cuts) $419 *Trench Deposit, Single Utility (held for 12 months) Deposit $2,485 + Actual Cost *Trench Deposit, Multi Utilities (12 months from excavation of last trench) Deposit $6,540 + Actual Cost *Trench deposits are not required for projects covered under a warranty bond On-Site Inspections 3% of value
Off-Site Inspections 3% of value
False Alarms (within a 12 month period at a single site) False alarms are not subject to CPI Adjustment PUBLIC WORKS:

Administrative Fee 20% for all billable charges
Street Sweeper and Clean-Up Fee (minimum 2 hours) Actual Cost Barricade Rental $6 each-first day, $1 each-each day after Emergency Labor, Equipment and Materials Actual Cost
Deposit $547 plus installation $46 plus $5
per thousand gallons of usage
Delinquent Backflow Testing
$150 plus actual cost for repair parts if
needed
Water Problem (call out) Evaluation (minimum 2 hours) Actual Cost After Hour Reconnection Fee (SB 998) $156
Red Tags (second and subsequent notices) Actual Cost
Commercial Recycling Actual Cost plus 11%
POLICE:

Background Check Fee $136
Copies .10 cents (per page)
Photos $15 per CD; $1 per page if printed
Unconsensual Franchise Tow Fee (Per Vehicle) $62
Second Hand Dealer/Pawn Broker License (initial)
Improvement Plans Review, Consultant
Encroachment Permit
Hydrant Use or Construction Water (meter cost plus actual cost) 3 of 14

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False Alarms (first and second incident) $0
False Alarms (third thru fifth**) $67
False Alarms (sixth and subsequent**) $135
False Alarms (maximum fee per day) $337
Domestic Fowl/Animal Permit $31
Cats/Dogs Redeemed (first occurrence) $70
Cats/Dogs Redeemed (second occurrence) $140
Animals to Pound, Requested by Owner $124
Clearance Letter $31
Dance Permit $37
Fingerprint Card $62
Bicycle License $7
Amplified Sound Permit $50
Second Hand Dealer/Pawn Broker License (renewal) $37
Alcohol Consumption Permit (City property, per event) $50 Solicitor Permit (non-profit) $25
Solicitor Permit (profit) $49
Handgun Dealer Permit (initial) $49
Handgun Dealer Permit (renewal) $31
Neighborhood Watch Program
Police Reports, Crime/Accident (first 4 pages) $25
Jail Booking County Cost plus 20%
Citation Sign-Off (for non-Atwater resident) $18
Stored Vehicle Release $282
Repossession Filing Fee (mandated by State Gov. Code 41612) $20 Concealed Weapon Permit (initial) $220
Concealed Weapon Permit (renewal) $170
Emergency Response (Gov. Code 53150-53158) Actual Cost plus 15% 1 - 5,000 sq. ft. $50
Taxi Cab Permit (initial) $50
Taxi Cab Permit (renewal) $31
Tow Cab Franchise Fee $61
Abandoned Cart Fee $50 per cart, per pick-up
**If both Police and Fire respond to false alarm, only one charge shall be assessed per incident
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Code Enforcement Reinspection Fee $54
FIRE:
1,251 GPM (16 hour maximum) 1251-1500 $94/hour
1,501 GPM (16 hour maximum) 1501-2000 $96.50/hour
Pick-Up (16 hour maximum) $61/hour
Works Comp. Actual Cost
Administration (OES) Actual Cost
Annual Inspections and New Business Inspections
Low Hazard Inspection (businesses, industries, merchandise) Per Hour:

Occupancy types: A (<50 People), B, C, F-2, M, S-2, U
1 - 5,000 sq. ft. (first inspection) $138
First Re-Inspection $153
Second Re-Inspection $169
5,001 - 10,000 sq. ft. (first inspection) $148
First Re-Inspection $164
Second Re-Inspection $179
10,001 - 20,000 sq. ft. (first inspection) $159
First Re-Inspection $174
Second Re-Inspection $190
20,001 - 40,000 sq. ft. (first inspection) $190
First Re-Inspection $205
Second Re-Inspection $221
40,001 - 80,000 sq. ft. (first inspection) $200
First Re-Inspection $216
Second Re-Inspection $231
80,001 - 120,000 sq. ft. (first inspection) $210
First Re-Inspection $226
Second Re-Inspection $242
120,001 - 150,000 sq. ft. (first inspection) $273
First Re-Inspection $288
Second Re-Inspection $304
150,001 - 200,000 sq. ft. (first inspection) $335
First Re-Inspection $350
Second Re-Inspection $366
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200,001+ sq. ft. (first inspection) $397
First Re-Inspection $413
Second Re-Inspection $428
Occupancy types: A (>50 People), E, F-1, H-1-5, I-1-3, I-4, L, R-1-4, S-1 1 - 5,000 sq. ft. (first inspection) $138
First Re-Inspection $153
Second Re-Inspection $169
5,001 - 10,000 sq. ft. (first inspection) $148
First Re-Inspection $164
Second Re-Inspection $179
10,001 - 20,000 sq. ft. (first inspection) $159
First Re-Inspection $174
Second Re-Inspection $190
20,001 - 40,000 sq. ft. (first inspection) $210
First Re-Inspection $226
Second Re-Inspection $242
40,001 - 80,000 sq. ft. (first inspection) $221
First Re-Inspection $236
Second Re-Inspection $252
80,001 - 120,000 sq. ft. (first inspection) $231
First Re-Inspection $247
Second Re-Inspection $262
120,001 - 150,000 sq. ft. (first inspection) $314
First Re-Inspection $330
Second Re-Inspection $345
150,001 - 200,000 sq. ft. (first inspection) $397
First Re-Inspection $413
Second Re-Inspection $428
200,001+ sq. ft. (first inspection) $480
First Re-Inspection $496
Second Re-Inspection $511
Moderate-High Hazard Inspection (50+ gather, education facility, high fire area, hospitals, residential, storage) Per Hour:
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Other Inspections/Rates:

Inspections:

Christmas Tree Lots or Sale Areas at Car Sales $66
$139
$225
Daycare Facilities (more than 6 children, State mandated inspection) $139 Fire Safety Application Review $225
Fire Safety Plan Review $225
Aircraft Refueling Vehicle (initial) $326
Occupancy Permits $73
Penalty Charges (unauthorized occupancy) $152
Tents and Air-Supported Structures (per 200 sq. ft., except for camping) $123 Rates:

Hydrant Flow Data-Per Hydrant $288
Weed Abatement Contractors Cost plus 20%
Consultation $123
Fire Cause Investigation $123
Stand-by or Fire Watch $149
Operational Permits:

Tanks: Hazardous Material Storage, Installation/Removal $149 Aerosol Products Permit (retail storage, under exempt amounts per sq. ft.) $134 Aerosol Products Permit (warehouse and storage) $268
Aircraft Repair Hanger $134
Commercial Rubbish Handling Operation (initial) $201
Aircraft Refueling Vehicle (renewal) $134
Asbestos Removal Permit $201
Automobile Wrecking Yard $201
Battery System $268
Bowling Pin or Alley Refinishing (initial) $268
Bowling Pin or Alley Refinishing (renewal) $212
Candles/Open Flame in Assembly Area (single use permit) $47 Candles/Open Flame in Assembly Area (on-going facility permit) $212 Carnivals and Fairs $151
Board and Care Facilities (full time patient care, State mandated inspection, 7 - 50 occupants)
Board and Care Facilities (full time patient care, State mandated inspection, over 50 occupants)
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Cellulose Nitrate Film $273
Cellulose Nitrate Storage $273
Combustible Fiber Storage $334
Combustible Material Storage $151
Compressed Gas, Store/Handle/Use (initial) $273
Compressed Gas, Store/Handle/Use (renewal) $151
Containers/Tanks (initial) $212
Commercial Rubbish Handling Operation (renewal) $151
Cryogen Use, Plan Check/Install/Inspection/Use (initial) $421 Cryogen Use, Plan Check/Install/Inspection/Use (renewal) $168 Dry Cleaning Plants (initial) $273
Dry Cleaning Plants (renewal) $212
Dust Producing Operation (initial) $273
Dust Producing Operation (renewal) $212
Explosive or Blasting Agent (permit and 2 blasts) $212
Explosive or Blasting Agent (more than 2 blasts) $66
Fireworks Ground Display $151
Fireworks, Pyrotechnic Special Effects (theatrical/movies) $151 Fireworks, Aerial Display (includes ground display) $334 Flammable or Combustible Liquids $334
Retail Storage (under exempt amount per control area) $66 Pipeline, Operations/Excavation $151
Liquid or Gas Fueled Vehicles or Equipment in Assembly $334 Containers/Tanks (renewal) $212
Underground Tanks $151
Tank Removal $212
Tank Vehicles (initial) $212
Tank Vehicles (renewal) $151
Fruit Ripening $151
Fumigation or Thermal Insecticides Fogging $151
$151
Hazardous Materials, Storage/Handle/Use (initial) $536
Hazardous Materials, Storage/Handle/Use (renewal) $212
Hazardous Production Materials $412
Hazardous Materials, Retail Storage (under exempt amount per control area)
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High Piled Combustible Stock (initial) $412
High Piled Combustible Stock (renewal) $273
LPG - Non Single Family Dwelling $273
LPG - Single Family Dwelling $151
Special Use/Event Permit $151
Lumber Yards $212
Magnesium Working $273
Mall Covered $273
Motor Vehicle Fuel Dispensing Station $273
Motor Vehicle Refueling Unit $273
Open Fires (includes bonfires & burn permits) $66
Organic Coating (initial) $532
Organic Coating (renewal) $408
Ovens, Industrial Baking or Drying (initial) $212
Ovens, Industrial Baking or Drying (renewal) $151
Radioactive Materials (initial) $273
Radioactive Materials (renewal) $151
Refrigeration Equipment, Install/Operate (initial) $334 Refrigeration Equipment, Install/Operate (renewal) $212 Repair Garages $151
Administration (OES) $151
Spraying or Dipping (initial) $396
Spraying or Dipping (renewal) $212
$151
Tents (all others) $396
Tire Storage $212
Wood Products $273
Hot Work and Cutting Operations (within occupancy and mobile) $212 Fireworks Stands/Booth Application Fee $182
Firework Stand/Storage/Display Inspection $139
Tents/Canopy/Membrane Structures - Non High Fire Hazard Area (100 occupants)
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Special Events Fire and Life Safety
Cost Recovery/Miscellaneous:
1,250-1500 GPM (16 hour maximum) $111
1,501-2000 GPM (16 hour maximum) $115
Pick-Up (16 hour maximum) $77
Works Comp. Actual Cost
Rent: Private Organization (per hour) $0.20
Fire Reports $19
Street Spills $57 plus Actual Cost
False Alarms (within a 12 month period at a single site) False alarms are not subject to COLA False Alarms (first and second incident) $0
False Alarms (third thru fifth**) $67
False Alarms (sixth and subsequent**) $135
False Alarms (maximum fee per day) $337

PARKS, RECREATION & COMMUNITY EVENTS
Community Center, Multipurpose Room
Reservation and Cleaning Deposit $350
Cancellation Fee: Less than 10 Days of Rental Forfeit of all rental fees $175
Cancellation Fee: More than 30 Days of Rental $80
Rent: Private Organization (per hour) $100
Rent: Non-Profit/Senior Organization (per hour) $70
Rent: Private Organization (per day) $2,400
Rent: Non-Profit/Senior Organization (per day) $1,680
Facility Attendant, (per hour) $35
Community Center, Multipurpose Room & Evelyn Chambers Senior Room Reservation and Cleaning Deposit $525
Cancellation Fee: Less than 10 Days of Rental Forfeit Deposit Cancellation Fee: More than 10 Days of Rental $175
Cancellation Fee: More than 30 Days of Rental $80
Rent: Private Organization (per hour) $140
Rent: Non-Profit/Senior Organization (per hour) $90
**If both Police and Fire respond to false alarm, only one charge shall be assessed per incident.

Cancellation Fee: More than 10 Days of Rental
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Rent: Private Organization (per day) $3,360
Rent: Non-Profit/Senior Organization (per day) $2,160
Facility Attendant, (per hour) $35
Community Center, Evelyn Chambers Senior Room
Reservation and Cleaning Deposit $210
Cancellation Fee: Less than 10 Days of Rental Forfeit of all rental fees Cancellation Fee: More than 10 Days of Rental $105
Cancellation Fee: More than 30 Days of Rental $80
Rent: Private Organization (per hour) $75
Rent: Non-Profit/Senior Organization (per hour) $40
Rent: Private Organization (per day) $1,800
Rent: Non-Profit/Senior Organization (per day) $960
Facility Attendant, (per hour) $35
Community Center, Jessie Frago or Andy Longinotti Meeting Rooms Reservation and Cleaning Deposit $210
Cancellation Fee: Less than 10 Days of Rental Forfeit of all rental fees Cancellation Fee: More than 10 Days of Rental $105
Cancellation Fee: More than 30 Days of Rental $80
Rent: Private Organization (per hour) $65
Rent: Non-Profit/Senior Organization (per hour) $40
Rent: Private Organization (per day) $1,560
Rent: Non-Profit/Senior Organization (per day) $960
Facility Attendant, (per hour) $35
Community Center, Kitchen
Reservation and Cleaning Deposit $210
Cancellation Fee: Less than 10 Days of Rental Forfeit of all rental fees Cancellation Fee: More than 10 Days of Rental $105
Cancellation Fee: More than 30 Days of Rental $80
Senior Citizen Groups with Kitchen (per hour) $40
Rent: Non-Profit/Senior Organization (per hour) $35
Senior Citizen Groups with Kitchen (per day) $960
Rent: Non-Profit/Senior Organization (per day) $840
Table & Chair Fees:

Table & Chair Set Up and Usage Fee $125
Table & Chair Set up and Usage Fee for Senior Citizen Organization $75 Castle Youth Center
Birthday Party (2 hours) gym, game room & activity area $175 Gym Rental (per hour) $60
Facility Attendant, (per hour) $35
Veterans Park Pavilion
Reservation and Cleaning Deposit $200
Cancellation Fee: Less than 10 Days of Rental Forfeit of all rental fees Cancellation Fee: More than 10 Days of Rental $75
Cancellation Fee: More than 30 Days of Rental $80
Atwater Resident Rental Fee with Kitchen $250
Senior/Civic/Schools/Non-Profit Organization with Kitchen $200 Osborn and Miyake Ball Field Tournament without Lights (per field per day) $175
Facility Attendant, (per hour) $35
Bloss Grounds
Deposit $350
Private Party (2 hour minimum) $80 per hour
Non-Profit / Senior Group (2 hour minimum) $40 per hour Facility Attendant, (per hour) $35
Photograpy Session (2 hour minimum) - Exclusive Use Only $30 per hour 11 of 14

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Bloss Library Museum
Private Usage $50 per hour
Non-Profit / Senior Group No Charge
Facility Attendant, (per hour) $35
Field Rentals
Osborn and Miyake Ball Field Deposit $210
Osborn and Miyake Ball Field Rental (per hour) $35
Osborn and Miyake Ball Field Rental with Lights (per hour) $40 $145
$75
Veterans Park Football Field Deposit $210
Veterans Park Football / Soccer Field, Youth Teams (per day) $125 Veterans Park Football Field, Adult Teams (per day) $150 Memorial Ball Field Deposit $200
Memorial Ball Field (per game) $75
Memorial Ball Field Prep $75
Memorial Ball Field Light Usage (per hour) $40
Joan Faul Soccer Field Deposit $210
Joan Faul Soccer Field 1 (per day) $100
Joan Faul Soccer Field 2 (per day) $100
Joan Faul Soccer Fields 1 & 2 (per day) $175
Youth Recreation Programs Non Resident Resident Non Resident Osborn Park Tennis Court (per key for one year) $100 $80 $100 Osborn Park Tennis Court (per key for six months) $50 $40 $50 Youth Basketball (co-ed, boys and girls, grades K-12) (per player) $105 $80 $105 Youth Indoor Soccer (per player) $95 $75 $95
Summer Drop-in Program - Per Week
Full Day - Per Week $115 $90 $115
Youth Flag Football (per player) $95 $75 $95
Youth Volleyball (per player) $105 $85 $105
Summer Youth Camp (per camp) $70 $50 $70
Adult Recreation Programs
Men's Spring Softball $575 $550 $575
Men's Summer Softball $575 $550 $575
Men's Fall Softball $575 $550 $575
Coed Spring Softball $575 $550 $575
Vendor Fair Booth Rental (12x12) $575 $550 $575
Coed Fall Softball $575 $550 $575
Coed Winter Volleyball $450 $425 $450
Coed Summer Volleyball $450 $425 $450
Men's Volleyball $450 $425 $450
Women's Volleyball $450 $425 $450
Men's Summer Basketball League $675 $650 $675
Men's Winter Basketball League $675 $650 $675
Other Recreation Programs
Misc. Recreation Classes & Events $10 - $50 $10 - $50 $10 - $50 Vendor Fair Booth Rental (12x12) $100
Christmas Parade Entry Fee $45
Christmas Parade Additional Horse Entry Fee (per horse) $5 Sanitation
Other/Additional Services/One-Time/Temporary
Single-Family & Multi-Family (2-4 units w/CARTS)
Residential Large Item Pick-up - Includes up to two (2) Items $63 Learn to Swim Program (parent & infant)
Osborn and Miyake Ball Field Tournament Field Preps (per prep per field per day)
Billing Frequency
Per Occurrence
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Restart of Services (Auto Resume Fee) $0
Cart Delivery $105
Cart Removal $0
Cart Exchange $79
Residential Cart Replacement Fee $79
Overloaded/Contamination Fee 1st Occurrence (any cart) $27 Overloaded/Contamination Fee 2nd Occurrence (any cart) $32 Temporary Bins- Available to ALL Property Types
3 Cubic Yard Temporary Bin
Delivery, Removal and up to 7 days rental $236
Each additional pickup $110
4 Cubic Yard Temporary Bin
Delivery, Removal and up to 7 days rental $292
Each additional pickup $127
Multi-Family (5+ units) ** Commercial -All ** Multi-Family (2-4 units) (Bin or Cart) (Bin or Cart) (Bin ONLY)
Cart Contamination / Overloaded $27
Bin Contamination / Overloaded $32
Special Services:

Special Pick-Up up to 3 cubic yards $218
Additional Standby and Loading Time $144
Large Venue Events (Non-City Events) $218
Other Services:

Locking Bin, Lock on Gate, enclosure monthly fee $47
Trip Charge/Dry Run $209
Restart of Services (Auto Resume Fee) $0
Setup Fee $0
Delivery Charge $47
Delivery Charge Commercial Carts $27
Removal $79
Exchange Fee $47
Stinger/Scout Service Fee $39
Recycling Contamination Fee $45
Overage Fee $62
Roll-Off Containers billed on a per pull plus disposal fee 10 Cubic Yd Container per pull $448
20 Cubic Yd Container per pull $464
30 Cubic Yd Container per pull $477
40 Cubic Yd Container per pull $488
Container Rental per day after 7 days $18
Commercial and Multi-Family Rates (monthly):

Number of Pick Up(s) per week 2 pick-up 4 pick-up 1x 2x 3x 4x 5x 6x (Note: includes 32-Gallon Recycling and 32-Gallon Organics) Trash:
64- Gallon Cart $ 48.84 $ 70.54 $ 92.24 $ 113.93 $ 135.63 $ 157.33 96- Gallon Cart $ 97.66 $ 141.06 $ 184.45 $ 227.85 $ 271.23 1 Cubic Yard Bin $ 471.94
2 Cubic Yard Bin $ 184.45 $ 314.63 $ 444.82 $ 575.00 $ 705.18 $ 835.37 3 Cubic Yard Bin $ 1,052.34
4 Cubic Yard Bin $ 287.51 $ 445.42 $ 634.67 $ 831.15 $ 929.99 $ 1,114.42 6 Cubic Yard Bin $ 1,301.25
2 Cubic Yard Compactor $ 489.00 $ 844.00 $ 1,120.00 $ 1,555.00 $ 1,911.00 $ 2,266.00 3 Cubic Yard Compactor $ 637.00 $ 1,082.00 $ 1,526.00 $ 1,970.00 $ 2,414.00 $ 2,859.00 6 Cubic Yard Compactor $ 1,067.00 $ 1,708.00 $ 2,298.00 $ 2,722.00 $ 3,074.00 $ 3,538.00 Recycling:
64- Gallon Cart $ 20.79 $ 34.59 $ 48.39 $ 62.19 $ 76.00 $ 89.79 Per Occurrence
Per Occurrence
Per Occurrence
Per Occurrence
Per Occurrence
Per Occurrence
Per Occurrence
Per Bin
Per Occurrence
Per Bin
Per Occurrence
Per Occurrence
Per Cubic Yard
Each
Per Hour
Per Occurrence
Per Occurrence
Per lock, per month
Per Occurrence
Per Occurrence
Per Occurrence
Per Occurrence
per haul
per haul
per haul
per haul
per day
Per Occurrence
Per Occurrence
Per Occurrence
per bin per service
Per Occurrence
13 of 14

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96- Gallon Cart $ 21.60 $ 36.12 $ 50.65 $ 65.18 $ 79.71 $ 94.24 1 Cubic Yard Bin $ 61.95 $ 110.38 $ 158.81 $ 207.25 $ 255.67 $ 304.11 2 Cubic Yard Bin $ 94.24 $ 166.89 $ 239.53 $ 312.18 $ 384.82 $ 441.33 3 Cubic Yard Bin $ 110.38 $ 207.25 $ 279.90 $ 352.54 $ 433.26 $ 522.05 4 Cubic Yard Bin $ 134.60 $ 247.61 $ 360.61 $ 473.62 $ 594.70 $ 715.77 6 Cubic Yard Bin $ 174.96 $ 344.47 $ 489.76 $ 651.20 $ 812.64 $ 974.07 2 Cubic Yard Compactor $ 243.00 $ 441.00 $ 640.00 $ 838.00 $ 1,036.00 $ 1,191.00 3 Cubic Yard Compactor $ 287.00 $ 551.00 $ 750.00 $ 948.00 $ 1,168.00 $ 1,411.00 6 Cubic Yard Compactor $ 463.00 $ 926.00 $ 1,323.00 $ 1,763.00 $ 2,204.00 $ 2,645.00 Organics: (Also includes :Green Waste & Food Waste, Green Waste only, & Food Waste only) 64-Gallon Cart $ 30.64 $ 55.82 $ 79.60 $ 103.39 $ 127.17 $ 150.96 96-Gallon Cart $ 36.23 $ 58.62 $ 82.40 $ 106.18 $ 129.97 $ 153.76 1 Cubic Yard Bin $ 110.15 $ 180.34 $ 264.28 $ 348.23 $ 432.18 $ 516.13 2 Cubic Yard Bin $ 166.35 $ 316.06 $ 465.76 $ 615.47 $ 765.18 $ 914.88 3 Cubic Yard Bin $ 229.31 $ 439.18 $ 649.05 $ 858.92 $ 1,068.78 $ 1,278.66 4 Cubic Yard Bin $ 299.27 $ 551.11 $ 802.95 $ 1,054.80 $ 1,306.64 $ 1,558.48 6 Cubic Yard Bin $ 425.19 $ 809.95 $ 1,194.71 $ 1,579.46 $ 1,964.22 $ 2,348.98 Push Rate Fee's (monthly):
1 2 3 4 5 6
15 Feet $ 37.00 $ 73.00 $ 105.00 $ 131.00 $ 157.00 $ 183.00 25 Feet $ 47.00 $ 89.00 $ 131.00 $ 172.00 $ 214.00 $ 256.00 50 Feet $ 157.00 $ 251.00 $ 344.00 $ 468.00 $ 532.00 $ 626.00 75 Feet $ 188.00 $ 292.00 $ 397.00 $ 501.00 $ 605.00 $ 709.00 100 Feet $ 261.00 $ 391.00 $ 522.00 $ 652.00 $ 782.00 $ 1,043.00 14 of 14

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CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

October 28, 2024
TO: Mayor and City Council
FROM: Greg Thompson, Deputy City Manager/Community Development Director

PREPARED
BY:

Kayla Rashad, Administrative Assistant
SUBJECT: Waive the First Reading by Title only, and introduce an Ordinance Approving Zoning Ordinance Text Amendment No. 24-23-0100 amending Chapter 17.16 “Low Density Residential Districts” of the Atwater Municipal Code to add “R-1-5” (5,000 square foot lots) as a single-family residential district under the Low Density Residential Zone (Deputy City Manager/Community Development Director Thompson)

RECOMMENDED COUNCIL ACTION
Open the public hearing and receive any testimony from the public; and, Close the public hearing; and,
Motion to make a finding that the project is categorically exempt under California Environmental Quality Act (CEQA) guideline section 15061(b)(3), “Review for Exemption”, under the common sense exemption; and,
Motion to waive the first reading by title only, and introduce Ordinance No. CS 1069 Amending Chapter 17.16: “Low Density Residential Districts” of the Atwater Municipal Code, to add “R-1-5” (5,000 square foot lots) as a Single Family Residential district.

I. BACKGROUND/ANALYSIS:

Chapter 17.16 of the Atwater Municipal Code (AMC) provides the following single-family residential districts: R-E (Residential Estate), R-1-6 (6,000 sq ft lots), R-1-8 (8,000 sq ft lots), and R-1-10 (10,000 sq ft lots). These residential districts have minimum development standards under Section 17.16.050 of the Atwater Municipal Code (Figure 1).

Figure 1: Development Standards for Low Density Residential Districts

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

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Agenda Report - Waive the First Reading by Title only, and introduce an Ordinance Approving Zoning Ordinance Text Amendment No. 24-23-0100 amending Chapter 17.16 “Low Density Residential Districts” of the Atwater Municipal Code to add “R-1-5” (5,000 square foot lots) as a single-family residential district under the Low Density Residential Zone (Deputy City Manager/Community Development Director Thompson) Page 2

Chapter 17.17: “Medium-Density Single-Family Residential Districts,” of the Atwater Municipal Code (AMC) provides the following single-family residential districts: R-1-3 (3,000 sq ft lots), R-1-4 (4,000 sq ft lots), and R-1-5 (5,000 sq ft lots). These residential districts have minimum development standards under Section

17.16.050 of the Atwater Municipal Code (Figure 2).

Figure 2: Development Standards for Medium-Density Single-Family Residential Districts

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This Zoning Ordinance Text Amendment (ZOTA) would propose, if adopted by Council, to amend the single-family residential districts to add “R-1-5” (5,000 square foot lots) as a single-family residential district under Chapter 17.16: “Low Density Residential Districts” of the Atwater Municipal Code.

ANALYSIS:

The Low Density Residential (LDR) Land Use under the City of Atwater’s General Plan states, “This category provides for residential development at densities that are typical for existing single family residential subdivisions within the City. The permitted density range is 3.1 to 7.0 units per acre. Parcel sizes range from 5,000 to 11,000 square feet in area. All properties must be served by public sewer and water. Typical land uses include single family residences and residential accessory uses, churches, schools, parks, community care facilities, and necessary public utility and safety facilities. Secondary dwelling units may be permitted consistent with state and local regulations”.

To make the City’s zoning consistent with its General Plan, the City is seeking the City Council’s approval regarding ZOTA No. 24-23-0100 to add “R-1-5” (5,000 square foot lots) as a residential district under Chapter 17.16: “Low Density Residential Districts”.

The addition of “R-1-5” (5,000 square foot lots) under Chapter 17.16 would also necessitate a new “development standards table” for Section 17.16.050 as previously shown in Figure 1. The new table for Section 17.16.050 would be as shown below in

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Figure 3:

Figure 3: Amended Development Standards for Low Density Residential Districts II. FISCAL IMPACTS:

No negative fiscal impacts are anticipated with the approval of this project. This item has been reviewed by the Finance Department.

III. LEGAL REVIEW:

This item has been reviewed by the City Attorney.

IV. EXISTING POLICY:

The ordinance will amend Chapter 17.16: "Low Density Residential Districts," of the Atwater Municipal Code to add “R-1-5” (5,000 square foot lots) as a single-family residential district

The proposed ordinance does not conflict with any policies of the General Plan or other City policies or guidelines.

V. ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

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

VII. PUBLIC PARTICIPATION:

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

VIII. ENVIRONMENTAL REVIEW:

Pursuant to the California Environmental Quality Act (CEQA), the draft ordinance is categorically exempt under section 15061(b)(3), “Review for Exemption”. This exemption states, the activity is covered by the commons sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. This is not subject to CEQA.

IX. STEPS FOLLOWING APPROVAL:

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

Submitted by:

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

Chris Hoem, City Manager
Attachments:

1. RSO 0256-24 Resolution Signed

2. Ordinance No. CS 1069

3. Exhibit A

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CITY COUNCIL
OF THE

CITY OF ATWATER

ORDINANCE NO. CS XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF ATWATER ADOPTING ZONING
ORDINANCE TEXT AMENDMENT NO. 24-23-0100
AMENDING CHAPTER 17.16: “LOW DENSITY
RESIDENTIAL DISTRICTS” OF THE ATWATER
MUNICIPAL CODE TO ADD “R-1-5” (5,000

SQUARE FOOT LOTS) AS A SINGLE-FAMILY
RESIDENTIAL DISTRICT.

WHEREAS, the City of Atwater wishes to enact programs, policies, and regulations in support of housing and residential development; and,
WHEREAS, the City of Atwater Municipal Code currently limits lot size(s) in zones for Low Density Residential Districts; and,
WHEREAS, in accordance with the General Plan Land Use Designation of “Low Density Residential (LDR)”, City staff submits Zoning Ordinance Text Amendment (ZOTA) 24-23- 0100 for an amendment to Chapter 17.16: “Low Density Residential Districts” of the Atwater Municipal Code to add “R-1-5” (5,000 square foot lots) as a single-family residential district; and,
WHEREAS, on October 16, 2024, the Planning Commission held a duly-noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning this proposed Ordinance. Following the public hearing, the Planning Commission voted to forward the Ordinance to the City Council with a recommendation in favor of its adoption; and
WHEREAS, the City’s General Plan provides a framework to enact the programs, policies, and regulations in support of such development; and WHEREAS, this project is exempt under California Environmental Quality Act (CEQA) guideline section 15061(b)(3), “Review for Exemption”. This exemption states, the activity is covered by the commons sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. This is not subject to CEQA.; and,

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Ordinance No. CS XXXX Page 2
WHEREAS, the ZOTA will not have a detrimental effect on the health, safety, and welfare of the neighborhood, nor have any adverse effect on the community; and, WHEREAS, the City Council finds that the following findings can be made for ZOTA No. 24-23-0100:

1. The proposed ordinance will ensure that all residential subdivision development projects submitted to the planning department continue to undergo review for consistency with the City’s General Plan and the established development standards provided by the City of Atwater Municipal Code.

2. The proposed ordinance is consistent with the Atwater General Plan.

3. Adoption of the ordinance is exempt from CEQA review under CEQA guideline section 15061(b)(3).

4. The public hearing for this project has been adequately noticed and advertised.

5. The project will not have a detrimental effect on the health, safety, and welfare of the neighborhood or any adverse effects on the community.

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

SECTION 1. Incorporation. The recitals above are each incorporated by reference and adopted as findings by the City Council.

SECTION 2. CEQA. this project is exempt under California Environmental Quality Act (CEQA) guideline section 15061(b)(3), “Review for Exemption”. This exemption states, the activity is covered by the commons sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment.

Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. This is not subject to CEQA.

SECTION 3. General Plan. The City Council hereby finds that the adoption of the Ordinance is consistent with the General Plan.

SECTION 4. Code Amendment. Chapter 17.16: “Low Density Residential Districts,” of the Atwater Municipal Code is hereby amended and restated to read in its entirety as provided in “Exhibit A,” attached hereto and incorporated herein by reference.

SECTION 5. Effective Date. Within fifteen (15) days from and after adoption, this Ordinance shall be published once in a newspaper of general circulation printed and published in Merced County and circulated in Atwater, in accordance with California Government Code Section 36933. This Ordinance shall take effect and be enforced thirty (30) days after its adoption.
.

SECTION 7. Publication. The City Clerk is directed to certify to the adoption of this Ordinance and post or publish this Ordinance as required by law.

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Ordinance No. CS XXXX Page 3
SECTION 8. Custodian of Records. The custodian of records for this Ordinance is the City Clerk and the records comprising the administrative record are located at 1160 Fifth St, Atwater, CA 95301.

SECTION 9. Severability. If any provision of this Ordinance or its application to any person or circumstance is held to be invalid by a court of competent jurisdiction, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.

INTRODUCED:

ADOPTED:

AYES:

NOES:

ABSENT:

APPROVED:
__________________________________

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

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CHAPTER 17.16 - LOW DENSITY RESIDENTIAL DISTRICTS

17.16.010 - Purpose.

To protect the value and charm of the existing residential areas, and to promote health, safety, comfort, convenience, and the general welfare, the following single-family residential districts are established by this chapter:

R-E Residential Estate
R-1-10, R-1-8, R-1-6, and R-1-5.

17.16.020 - Principal permitted uses.

A. One single-family dwelling per lot.

B. Supportive housing as defined in Section 17.06.613.

C. Transitional housing as defined in Section 17.06.627.

17.16.030 - Accessory uses.

Accessory buildings and uses customarily appurtenant to a single-family residence, such as:

A. Garages, carports, off-street parking areas;
B. Private swimming pools;
C. Sheds for tools and garden equipment (see Section 17.16.080); D. Parabolic antennas;
E. Living quarters for relatives, friends, or persons regularly employed on the premises, but not rented or otherwise conducted as a business, provided that no kitchen facilities are installed;
F. Community care facilities;
G. Occupations conducted away from home, when the residence is used only as business address. (See definitions: Home Occupation.)

17.16.040 - Conditional uses requiring a permit.

A. Public and quasi-public buildings and uses of recreational, educational, religious, cultural, or public service types; not including corporation yards, storage, repair yards, warehouses and similar uses;
B. Home occupations;
C. A second unit with kitchen and bath facilities, if in compliance with Chapter 17.28.

D. Detached accessory structures greater than 500 square feet in size but cover less than 60 percent of the lot upon which it is constructed.

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17.16.045 - Prohibited uses.

The maintenance of kennels, and storage for any commercial purpose shall be prohibited.

17.16.050 - Lot area, dimension, setbacks, density, and coverage.

The following minimum requirements shall be observed, except where increased for conditional uses, or by the Planning Commission or City Council to mitigate environmental impact.

17.16.055 - Exceptions to setback requirements.

Setback requirements along major arterials shall supersede the requirements of this chapter.

A. To offset the monotonous building setbacks, a property owner may choose to reduce the front yard setback by up to three feet, but shall be required to have the same number of feet added to the regular rear yard by the same number of feet.

If a property owner chooses to give an additional three feet or less in addition to the required front yard setback, he may reduce the rear yard by the same number feet.

B. Side yard for boat and RV parking. If the property owner adds an extra five feet to a five foot side yard requirement, in order to park vehicles behind the front yard setback, he may encroach by five feet into the rear yard setback.

C. Single family residential setbacks for lots that front on a cul-de-sac bulb and have an average lot depth of less than 100 feet may encroach by up to five feet into the required front yard setback provided the garage be no closer than 20 feet to the property line.

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D. Attached unenclosed patio covers may encroach by ten feet into the required rear yard setback.

17.16.060 - Height of structures.

No building constructed in this zone shall exceed a height of 35 feet unless the following has occurred:

1. The Fire Marshal and Chief Building Official, or designees, have both approved the site plans, improvement plans, and/or other required submittals for the project; and

2. The Planning Commission makes all of the following findings:

A. The applicant has adequately demonstrated a need for the project to exceed 35 feet in building height that is related to the project's benefit to the community, or due to site constraints, or in order to achieve desired architectural qualities; B. The project will be exemplary in its design;
C. The project design will complement and be compatible with the setting and the character of the neighboring properties with sensitivity to any adjacent federal, state, and City or other historic landmarks;
D. The project's proximity to railroads, airports, major freeways or highways, or other transportation hubs, stations, or centers will not interfere, impede, or otherwise disturb such transit services;
E. The project is consistent and compatible with the City's General Plan, Zoning Code, and other adopted specific plans and/or master plans;
F. Intended use of the project will enhance or promote the standard of living for City residents, and/or the local economy;
G. The project's proposed height would not adversely affect visual blockage of light, air, or cause intrusion of privacy to adjacent and surrounding properties; H. The project is not detrimental to the health, safety, peace, comfort, and general welfare of persons or property in the neighborhood and surrounding environs, including without limitation, it will not affect emergency response times or services, nor seismic and/or structural integrity; and
I. The project's proposed building height does not impede pedestrian or vehicular accessibility along any public or private pathways, sidewalks, driveways or roadways, visually impede any safe use of the same, or otherwise present a hazard to pedestrian or vehicular use of the same.

Additional conditions of approval may be imposed by the Planning Commission relative to the project as it relates to this section.

17.16.065 - Fences.

Fences constructed from wood may not exceed seven feet in height on the interior property lines, but may not exceed three feet in height in exterior setbacks or within the clear-zone. A

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chainlink fence without slats or similar type, which does not block the view, may be four feet high within exterior setbacks. On all corner lots, exterior side yard fence constructed from wood may be seven feet in height, set back ten feet from the property line.

17.16.070 - Exterior yards or setbacks.

An exterior yard or setback shall be identified as follows: All yards adjacent to a public rightof-way shall be exterior yards.

17.16.080 - Other required conditions.

A. Off-street parking as required elsewhere in this title.

B. Clear zone: On corner lots, the maximum height within 25 feet of that point of the lot nearest to the street intersection may not exceed three feet, and provided further, that no fence, hedge, wall or other natural or structural object shall in any way impair visibility at intersections in such a manner as to endanger life, health, or property.

C. Landscaping shall not obscure ingress or egress of neighboring properties so as to endanger health and safety.

D. Distance between main buildings shall be a minimum of ten feet, unless fire or building code require a larger distance.

E. Zero lot line may be established in Planned Development zones and in new development in compliance with Article 16, Subdivision Ordinance of the Atwater Municipal Code.

F. Detached accessory buildings shall not exceed a height of 16 feet to the highest point of the roof, and shall not encroach on any exterior yard setback, and may not be placed within five feet of the interior rear or side property line.

G. Accessory buildings on through lots shall have not less than 20 feet to the rear property line.

H. An accessory building or structure, which contains less than 120 square feet of projected roof area and is less than eight feet in overall height is exempt from the provisions of this chapter, provided that no such structure shall encroach on any exterior yard or easement, and that only one exempt structure is permitted per residential lot.

I. Accessory structures shall not exceed 500 square feet in size or cause greater than 60 percent lot coverage (for accessory structures exceeding 500 square feet in size see Section 17.16.040).

J. Reserved.

K. Distance between main buildings and detached accessory buildings/structures shall be a minimum of five feet unless fire or building codes require a larger distance.

17.16.090 - Reserved.

Editor's note— Ord. CS 1059, § 1, adopted March 27, 2023, repealed § 17.16.090, which pertained to site plan and design review.

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CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

October 28, 2024
TO: Mayor and City Council
FROM: Greg Thompson, Deputy City Manager/Community Development Director

PREPARED
BY:

Kayla Rashad, Administrative Assistant
SUBJECT: Waive the First Reading by Title Only, and Introduce an Ordinance Approving Zoning Ordinance Text Amendment No. 24-28-0100 Amending Chapter 17.28 “Accessory Dwelling Units” of the Atwater Municipal Code to Comply with recent changes in State law; and Finding the Action to be Statutorily Exempt from CEQA under section 21080.17 of the Public Resources Code (Deputy City Manager/Community Development Director Thompson)

RECOMMENDED COUNCIL ACTION
Open the public hearing and receive any testimony from the public; and, Close the public hearing; and,
Motion to make a finding that the project is statutorily exempt from review under the California Environmental Quality Act (“CEQA”) under Public Resources Code section 21080.17; and,
Motion to waive the first reading by title only, and introduce Ordinance No. CS 1070 amending Chapter 17.28 “Accessory Dwelling Units” of the Atwater Municipal Code to comply with recent changes in State law.

I. BACKGROUND/ANALYSIS:

In recent years, the California Legislature has approved, and the Governor has signed into law, a number of bills that, among other things, amended various sections of the Government Code to impose new limits on local authority to regulate ADUs and JADUs.

In 2024, the California Legislature approved, and the Governor signed into law, two new bills — AB 2533 and SB 1211 — that further amend state ADU law as summarized below.

ANALYSIS:

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

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Agenda Report - Waive the First Reading by Title Only, and Introduce an Ordinance Approving Zoning Ordinance Text Amendment No. 24-28-0100 Amending Chapter 17.28 “Accessory Dwelling Units” of the Atwater Municipal Code to Comply with recent changes in State law; and Finding the Action to be Statutorily Exempt from CEQA under section 21080.17 of the Public Resources Code (Deputy City Manager/Community Development Director Thompson) Page 2

AB 2533 – Unpermitted ADUs and JADUs

Subject to limited exceptions, existing state law prohibits a city from denying a permit to legalize an unpermitted ADU that was constructed before January 1, 2018, if the denial is based on the ADU not complying with applicable building, state, or local ADU standards. One exception allows a city to deny a permit to legalize if the city makes a written finding that correcting the violation is necessary to protect the health and safety of the public or the occupants of the structure.

AB 2533 changes this by: (1) expanding the above prohibition to also include JADUs; (2) moving the construction-cutoff date from January 1, 2018, to January 1, 2020; and (3) replacing the above exception with a requirement that local agencies find that correcting the violation is necessary to comply with the standards specified in Health and Safety Code section 17920.3 (Substandard Buildings). (See amended Gov. Code, § 66332(a)–(f).)

SB 1211 – Replacement Parking Requirements; Multifamily ADUs

Replacement Parking

Existing state law prohibits the City from requiring off-street parking spaces to be replaced when a garage, carport, or covered parking structure is demolished in conjunction with the construction of, or conversion to, an ADU.

SB 1211 amends this prohibition to now also prohibit a city from requiring replacement parking when an uncovered parking space is demolished for or replaced with an ADU. (See amended Gov. Code, § 66314(d)(11).)

Multifamily ADUs

SB 1211 further defines livable space in connection with converted ADUs inside a multifamily dwelling structure. Existing state law requires the City to ministerially approve qualifying building-permit applications for ADUs within “portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages ….” The term “livable space” is not defined by existing state ADU law.

SB 1211 changes this by adding a new definition: “‘Livable space’ means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.” (See amended Gov. Code, § 66313(e).)

SB 1211 also increases the number of detached ADUs that lots with an existing multifamily dwelling can have. Existing state law allows a lot with an existing or

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proposed multifamily dwelling to have up to two detached ADUs.

Under SB 1211, a lot with an existing multifamily dwelling can have up to eight detached ADUs, or as many detached ADUs as there are primary dwelling units on the lot, whichever is less. (See amended Gov. Code, § 66323(a)(4)(A)(ii).) SB 1211 does not alter the number of ADUs that a lot with a proposed multifamily dwelling can have — the limit remains at two. (See amended Gov. Code, § 66323(a)(4).) II. FISCAL IMPACTS:

No negative fiscal impacts are anticipated with the approval of this project. This item has been reviewed by the Finance Department.

III. LEGAL REVIEW:

This item has been reviewed by the City Attorney.

IV. EXISTING POLICY:

Both AB 2533 and SB 1211 take effect January 1, 2025. To remain valid, the City’s ADU ordinance must comply with requirements imposed by AB 2533 and SB 1211.

Adopting the proposed ordinance ensures that the City’s ADU ordinance will be valid under AB 2533 and SB 121.

The proposed ordinance does not conflict with any policies of the General Plan or other City policies or guidelines.

V. ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

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

VII. PUBLIC PARTICIPATION:

VIII. ENVIRONMENTAL REVIEW:

Under California Public Resources Code section 21080.17, CEQA does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the Government Code, which is California’s ADU law, and which also regulates JADUs, as defined by section 66313. Therefore, the adoption of the proposed ordinance is statutorily exempt from CEQA in that it

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implements state ADU law.

IX. STEPS FOLLOWING APPROVAL:

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

Submitted by:

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

Chris Hoem, City Manager
Attachments:

1. RSO 0259-24 Resolution Signed

2. Ordinance No. CS 1070

3. Exhibit A

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CITY COUNCIL
OF THE

CITY OF ATWATER

ORDINANCE NO. CS XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF ATWATER ADOPTING ZONING
ORDINANCE TEXT AMENDMENT NO. 24-23-0100
AMENDING CHAPTER 17.16: “LOW DENSITY
RESIDENTIAL DISTRICTS” OF THE ATWATER
MUNICIPAL CODE TO ADD “R-1-5” (5,000

SQUARE FOOT LOTS) AS A SINGLE-FAMILY
RESIDENTIAL DISTRICT.

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