In-person participation by the public will be permitted. In addition, remote public participation is available in the following ways:
o 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).
o 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
July 14, 2025
REGULAR SESSION: (Council Chambers)
CALL TO ORDER: 6:00 PM
INVOCATION:
PLEDGE OF ALLEGIANCE TO THE FLAG:
ROLL CALL: (City Council)
Ambriz ____, Cale ____, Raymond ____, Rochester ____, Nelson _____ SUBSEQUENT NEED ITEMS: (The City Clerk shall announce any requests for items requiring immediate action subsequent to the posting of the agenda. Subsequent need
City Council Agenda for Meeting of July 14, 2025 Page 2 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.) PRESENTATIONS:
• Oath of Office - Police Sergeant
Staff's Recommendation: That City Clerk Billings administer the oath of office to the newly appointed Police Sergeant: Robert Vargas • Proclamation of Recognition - Chante Dobbins, Exhortation to Unity 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. July 14, 2025
Staff's Recommendation: Acceptance of warrants as listed.
AGREEMENTS:
2. Approving a Special Services Agreement with Merced County for Animal Services (Police Chief McEachin)
Staff's Recommendation: Adoption of Resolution No. 3551-25 approves a Special Services agreement, in a form approved by the City Attorney, with the County of Merced, from July 1, 2025, to June 30, 2027, for Animal Services at an annual amount not exceeding $55,719.15, plus fees incurred per animal as outlined in the agreement; and authorizes and directs the City Manager to execute all contract documents on behalf of the City.
3. Approving a Purchase Agreement with California Turf Equipment & Supply Inc. for the purchase of a 2025 Exmark Lazer Lawn Mower (Public Works Director Vinson)
Staff's Recommendation: Approving a Purchase Agreement
(Purchase Order) to California Turf Equipment & Supply Inc. of Tulare, California for the purchase of an Exmark Lazer Lawn Mower, in an amount not to exceed $48,061.92; and authorizes and directs the City Manager or his designee to execute the Agreement (Purchase Order) on behalf of the City.
4. Approving a Purchase Agreement (Purchase Order) with Carbon Supply
City Council Agenda for Meeting of July 14, 2025 Page 3 Inc. for Granulated Activated Carbon Exchange at Well 18 (Public Works Director Vinson)
Staff's Recommendation: Approves a Purchase Agreement
(Purchase Order) to Carbon Supply Inc. of Bell Gardens, California for Granulated Activated Carbon Exchange (GAC) at Well 18, for an amount not to exceed $127,650.00; and authorizes and directs the City Manager or his designee to execute the Agreement (Purchase Order) on behalf of the City.
RESOLUTIONS:
5. Approving Budget Amendment Amending Fiscal Year 2025-26 Budget Regarding the Purchase of Genesis 14C SL3 Combination Tool (CAL Fire Battalion Chief Randol)
Staff's Recommendation: Adoption of Resolution No. 3552-25 approving Budget Amendment No. 1, which amends the Fiscal Year 2025-26 budget by increasing the appropriation of general ledger account number 0004-2030-6021 in the amount of $16,673.
6. Approving Budget Amendment Amending Fiscal Year 2025-26 Budget to Establish a New Fund for an Approved Capital Improvement Project (Finance Director Nicholas)
Staff's Recommendation: Adoption of Resolution No. 3553-25 approving Budget Amendment No. 2 amending Fiscal Year 2025-26 to establish Fund 1014 for the Carbon Reduction Program Fund, Capital Improvement Project, as previously approved in the FY 2025-26 Capital Improvement Program, and authorizing the City Manager or their designee to implement the budget entry and establish the fund.
ORDINANCES (WAIVING SECOND READING AND ADOPTION):
7. Adoption of an Ordinance approving a Zoning Ordinance Text Amendment, amending Chapter 17.63 “Parking Requirements” of the Atwater Municipal Code (City Manager Hoem)
Staff's Recommendation: Adoption of Ordinance No. CS 1071 approving a Zoning Ordinance Text Amendment, amending Chapter
17.63 “Parking Requirements” of the Atwater Municipal Code.
8. Adoption of an Ordinance approving an Amendment to the Development Agreement by and between the City of Atwater and the Ferrari Ranch Owners, to clarify the responsible parties for the construction of water, sewer, and storm water infrastructure for the development located at APNS: 005-120-045 & 005-120-046 (City Manager Hoem)
Staff's Recommendation: Adoption of Ordinance No. CS 1072 approving an Amendment to the Development Agreement by and between the City of Atwater and the Ferrari Ranch Owners, to clarify the responsible parties for the construction of water, sewer, and storm water infrastructure for the development located at APNS: 005-120- 045 & 005-120-046.
***END OF CONSENT CALENDAR***
City Council Agenda for Meeting of July 14, 2025 Page 4 PUBLIC HEARINGS:
9. Confirming the Engineer’s Reports and Ordering the Annual Levy for the Lighting and Drainage and Landscape Maintenance Assessment Districts for Fiscal Year 2025/26 (City Manager Hoem)
Staff's Recommendation: Opening the Public Hearing and taking any testimony given:
Close the Public Hearing and consider comments from the public; and Adopt Resolution No. 3554-25 Confirming and/or amending the Engineer’s Reports and Ordering the Continued Maintenance of the City of Atwater Lighting and Drainage and Landscape Assessment Maintenance Districts and Levy of Assessments for Fiscal Year 2025/26; or
Motion to approve staff's recommendation as presented.
REPORTS AND PRESENTATIONS FROM STAFF:
10. Accepting the Water Meter Installation Project as complete (Public Works Director Vinson)
Staff's Recommendation: Motion to accept work done under the contract for Water Meter Installation Project, City Project 24-10; and authorizes and directs the City Manager to sign a Notice of Completion and have it recorded on behalf of the City; or Motion to approve staff's recommendation as presented.
11. Adopting the City of Atwater Strategic Plan for 2026-2030 (City Manager Hoem)
Staff's Recommendation: Motion to Adopt Resolution No. 3555-25 Approving the City of Atwater Strategic Plan for 2026-2030; or Motion to approve staff's recommendation as presented.
12. Discussion and Possible Direction Regarding a Vacant Commercial Building Ordinance as requested by City Council Member
Rochester (Community Development Director O'Connor)
13. Quarterly update from Police Chief McEachin
14. Quarterly update from CAL Fire Battalion Chief Randol
City Council Agenda for Meeting of July 14, 2025 Page 5 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:
• Mayor Pro Tem Cale, District 1
• City Council Member Rochester, District 2
• City Council Member Ambriz, District 3
• City Council Member Raymond, District 4
• Mayor Nelson
CITY MANAGER REPORTS/UPDATES:
15. Update from the City Manager
CLOSED SESSION:
Adjourn to Conference Room A
• Pursuant to Government Code Section 54957, Public Employee Performance Evaluation; Title: City Manager
MAYOR OR CITY ATTORNEY REPORT OUT FROM CLOSED SESSION:
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.
City Council Agenda for Meeting of July 14, 2025 Page 6 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] .
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.
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.
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WHEREAS, Chante Lynette Dobbins, a lifelong resident of Atwater, California, has demonstrated extraordinary dedication to her community through decades of service, innovation, and compassion; and WHEREAS, Ms. Dobbins carries forward the proud legacy of the Cooksey family, early founders of the Cookseyville community in Atwater, and has continued that legacy through entrepreneurship and public service; and
WHEREAS, inspired by her upbringing and strong family values, Ms. Dobbins became a leader in the field of residential care, assuming administrative leadership of Happy Haven Guest Homes and later founding C and D’s Guest Homes, Inc., providing compassionate care for individuals with special needs; and WHEREAS, in 2014, Ms. Dobbins established The Haven Adult Developmental Program, a communitybased day program, and later expanded services to include transportation through Dobbins Transportation, Inc., offering non-emergency medical transportation across the region; and WHEREAS, in 2022, she founded Ohana Social Recreation, Inc., promoting inclusion and enriching the lives of individuals with developmental disabilities through recreational outings; and WHEREAS, Ms. Dobbins currently leads four women-owned businesses and employs over 100 Merced County residents, contributing significantly to the region’s economy and quality of life; and WHEREAS, she also co-founded the nonprofit Exhortation to Unity (ETU) to address food insecurity, homelessness, and mental health, launching outreach efforts such as the Brown Bag Lunch (BBL) program to serve vulnerable populations; and
WHEREAS, Ms. Dobbins continues to lead with faith, purpose, and a vision for a better future, and is currently working to establish The Chante Lynette Dobbins Legacy Center to further expand her impact in the community;
NOW, THEREFORE, BE IT PROCLAIMED, that the City of Atwater hereby recognizes and honors Chante Lynette Dobbins for her remarkable achievements, enduring commitment to service, and inspirational leadership. Her contributions have touched countless lives, and her work continues to be a source of pride and progress for the City of Atwater and Merced County.
Proclamation
Michael G. Nelson, Mayor
City of Atwater
AWna Nicholas, Finance Director
Warrant Summary July 14, 2025
Prepared By: Joseph Murillo, Accounting Technician
Accounts Payable Warrant
Amount
7/14/2025 Warrant $ 2,472,825.90
Prewrittens (Checks Processed Between Warrants) $ 181, 063.84 Total Accounts Payable Warrants: $ 2,653,889.74
Additional Warrants
Date Description
6/24/2025 UBEO West LLC
Amount
$ 21,626.15
6/27/2025 Aflac $ 193.50
6/27/2025 AFSCME District Council 57 $ 931.56
6/27/2025 Atwater Police Officers Association $ 3,030.40 6/27/2025 CALPERS Employee 457 Plan $ 1,602.00
6/27/2025 EPARS Employee 457 Plan (PNC Bank) $ 1,888.00 6/27/2025 PERS Retirement 6/5/25-6/18/25 $ 63,178.93
6/27/2025 Retiree Medical Reimbursement - July 2025 $ 54,904.98 6/27/2025 State Disbursement - Child Support 6/26/25 Payroll $ 115.38 6/27/2025 UNUM Voluntary Life Insurance July 2025 Premiums $ 214.03 7/8/2025 PERS Health - June 2025 $ 129,290.03.
Total Additional Warrants: $ 276,974.96
Payroll
Date Description Amount
6/26/2025 Net Payroll $ 227,788.96
6/27/2025 Federal Taxes $ 73,252.68
6/27/2025 State Taxes $ 9,846.66
Total Payroll: $ 310,888.30
Grand Total: $ 3,241,753.00
Mark Borba, City Treasurer
Accounts Payable
Checks for Approval
User: jmurillo
Printed: 7/10/2025 - 4:48 PM
cry of
Atwater
Ccrnimwritti Pride City Wide
T O ievt IB Roa 1, Aiaaler 0196 V1
Check Number Check Date Fund Account Name Vendor Name Void Amount 0 06/24/2025 6000 Water Enterprise Fund Rents & Leases UBEO WEST LLC 173.96 0 06/24/2025 0001 General Fund Rents & Leases UBEO WEST LLC 96.55 0 06/24/2025 0001 General Fund Rents & Leases UBEO WEST LLC 624.45 0 06/24/2025 0001 General Fund Rents & Leases UBEO WEST LLC 426.26 0 06/24/2025 0001 General Fund Rents & Leases UBEO WEST LLC 601.95 0 06/24/2025 0001 General Fund Rents & Leases UBEO WEST LLC 350.21 0 06/24/2025 0001 General Fund Rents & Leases UBEO WEST LLC 334.46 0 06/24/2025 0001 General Fund Rents & Leases UBEO WEST LLC 92.86 0 06/24/2025 0001 General Fund Rents & Leases UBEO WEST LLC 181.58 0 06/24/2025 6010 Sewer Enterprise Fund Rents & Leases UBEO WEST LLC 173.96 0 06/24/2025 0001 General Fund Rents & Leases UBEO WEST LLC 382.15 0 06/24/2025 0001 General Fund Rents & Leases UBEO WEST LLC 410.61 0 06/24/2025 0001 General Fund Rents & Leases UBEO WEST LLC 328.37 0 06/24/2025 6010 Sewer Enterprise Fund Rents & Leases UBEO WEST LLC 173.96 0 06/24/2025 0001 General Fund Rents & Leases UBEO WEST LLC 382.15 0 06/24/2025 0001 General Fund Rents & Leases UBEO WEST LLC 612.25 0 06/24/2025 0001 General Fund Rents & Leases UBEO WEST LLC 94.21 0 06/24/2025 0001 General Fund Rents & Leases UBEO WEST LLC 432.36 0 06/24/2025 6010 Sewer Enterprise Fund Rents & Leases UBEO WEST LLC 162.70 0 06/24/2025 0001 General Fund Rents & Leases UBEO WEST LLC 410.61 0 06/24/2025 0001 General Fund Rents & Leases UBEO WEST LLC 334.46 0 06/24/2025 0001 General Fund Rents & Leases UBEO WEST LLC 410.61 0 06/24/2025 0001 General Fund Rents & Leases UBEO WEST LLC 323.20 0 06/24/2025 0001 General Fund Rents & Leases UBEO WEST LLC 362.40 0 06/24/2025 0001 General Fund Rents & Leases UBEO WEST LLC 339.89 0 06/24/2025 0001 General Fund Rents & Leases UBEO WEST LLC 107.81 0 06/24/2025 0001 General Fund Rents & Leases UBEO WEST LLC 421.10 0 06/24/2025 0001 General Fund Rents & Leases UBEO WEST LLC 107.81 0 06/24/2025 0001 General Fund Rents & Leases UBEO WEST LLC 101.72 0 06/24/2025 0001 General Fund Rents & Leases UBEO WEST LLC 388.10 0 06/24/2025 6000 Water Enterprise Fund Rents & Leases UBEO WEST LLC 173.96 0 06/24/2025 6000 Water Enterprise Fund Rents & Leases UBEO WEST LLC 49.33 0 06/24/2025 0001 General Fund Rents & Leases UBEO WEST LLC 382.15 0 06/24/2025 0001 General Fund Rents & Leases UBEO WEST LLC 382.15 AP-Checks for Approval (7/10/2025 - 4:48 PM) Page 1
Check Number Check Date Fund Account Name Vendor Name Void Amount 0 06/24/2025 0001 General Fund Rents & Leases UBEO WEST LLC 348.38 0 06/24/2025 0001 General Fund Rents & Leases UBEO WEST LLC 382.15 0 06/24/2025 0001 General Fund Rents & Leases UBEO WEST LLC 624.45 0 06/24/2025 6010 Sewer Enterprise Fund Rents & Leases UBEO WEST LLC 173.96 0 06/24/2025 6010 Sewer Enterprise Fund Rents & Leases UBEO WEST LLC 167.84 0 06/24/2025 0001 General Fund Rents & Leases UBEO WEST LLC 115.71 0 06/24/2025 0001 General Fund Rents & Leases UBEO WEST LLC 22.42 0 06/24/2025 0001 General Fund Rents & Leases UBEO WEST LLC 432.36 0 06/24/2025 0001 General Fund Rents & Leases UBEO WEST LLC 107.81 0 06/24/2025 0001 General Fund Rents & Leases UBEO WEST LLC 826.14 0 06/24/2025 0001 General Fund Rents & Leases UBEO WEST LLC 362.40 0 06/24/2025 0001 General Fund Rents & Leases UBEO WEST LLC 432.36 0 06/24/2025 0001 General Fund Rents & Leases UBEO WEST LLC 117.96 0 06/24/2025 0001 General Fund Rents & Leases UBEO WEST LLC 334.46 0 06/24/2025 6000 Water Enterprise Fund Rents & Leases UBEO WEST LLC 162.70 0 06/24/2025 0001 General Fund Rents & Leases UBEO WEST LLC 362.40 0 06/24/2025 0001 General Fund Rents & Leases UBEO WEST LLC 33.78 0 06/24/2025 6000 Water Enterprise Fund Rents & Leases UBEO WEST LLC 173.96 0 06/24/2025 0001 General Fund Rents & Leases UBEO WEST LLC 107.81 0 06/24/2025 0001 General Fund Rents & Leases UBEO WEST LLC 624.45 0 06/24/2025 0001 General Fund Rents & Leases UBEO WEST LLC 241.01 0 06/24/2025 6000 Water Enterprise Fund Rents & Leases UBEO WEST LLC 173.96 0 06/24/2025 0001 General Fund Rents & Leases UBEO WEST LLC 382.15 0 06/24/2025 0001 General Fund Rents & Leases UBEO WEST LLC 22.42 0 06/24/2025 0001 General Fund Rents & Leases UBEO WEST LLC 362.40 0 06/24/2025 0001 General Fund Rents & Leases UBEO WEST LLC 410.61 0 06/24/2025 0001 General Fund Rents & Leases UBEO WEST LLC 96.89 0 06/24/2025 6010 Sewer Enterprise Fund Rents & Leases UBEO WEST LLC 49.33 0 06/24/2025 6000 Water Enterprise Fund Rents & Leases UBEO WEST LLC 167.85 0 06/24/2025 0001 General Fund Rents & Leases UBEO WEST LLC 382.15 0 06/24/2025 0001 General Fund Rents & Leases UBEO WEST LLC 432.36 0 06/24/2025 6010 Sewer Enterprise Fund Rents & Leases UBEO WEST LLC 173.96 0 06/24/2025 0001 General Fund Rents & Leases UBEO WEST LLC 334.46 0 06/24/2025 0001 General Fund Rents & Leases UBEO WEST LLC 363.86 0 06/24/2025 0001 General Fund Rents & Leases UBEO WEST LLC 348.38 0 06/24/2025 0001 General Fund Rents & Leases UBEO WEST LLC 624.45 0 06/24/2025 0001 General Fund Rents & Leases UBEO WEST LLC 70.10 0 06/24/2025 0001 General Fund Rents & Leases UBEO WEST LLC 382.15 0 06/24/2025 0001 General Fund Rents & Leases UBEO WEST LLC 363.86 Check Total: 21,626.15
0 06/27/2025 0001 General Fund Federal Income Tax Withheld PAYROLL TAXES-FEDERAL 20,843.40 0 06/27/2025 0001 General Fund Aflac Premiums AFLAC PLANS 96.75 AP-Checks for Approval (7/10/2025 - 4:48 PM) Page 2
Check Number Check Date Fund Account Name Vendor Name Void Amount 0 06/27/2025 0001 General Fund Pers Benefits PERS-RETIREMENT 786.58 0 06/27/2025 0001 General Fund Pers Benefits PERS-RETIREMENT 6,726.50 0 06/27/2025 0001 General Fund Fica/Medicare-Employer PAYROLL TAXES-FEDERAL 76.27 0 06/27/2025 0001 General Fund Flea/Medicare-Employer PAYROLL TAXES-FEDERAL 6.34 0 06/27/2025 0001 General Fund Pers Benefits PERS-RETIREMENT 18,580.07 0 06/27/2025 0001 General Fund State Income Tax Withheld PAYROLL TAXES-STATE 279.20 0 06/27/2025 0001 General Fund Fica/Medicare-Employer PAYROLL TAXES-FEDERAL 1,947.66 0 06/27/2025 0001 General Fund Pers Deduction PERS-RETIREMENT 9,726.82 0 06/27/2025 0001 General Fund State Income Tax Withheld PAYROLL TAXES-STATE 859.60 0 06/27/2025 0001 General Fund Fica/Medicare - Employee PAYROLL TAXES-FEDERAL 326.10 0 06/27/2025 0001 General Fund Life Insurance Payable FIRST UNUM LIFE INSURANCE COMPANY 96.99 0 06/27/2025 0001 General Fund Deferred Compensation PNC BANK 430.00 0 06/27/2025 0001 General Fund Fica/Medicare-Employer PAYROLL TAXES-FEDERAL 18,124.93 0 06/27/2025 0001 General Fund Police Union Dues ATWATER POLICE OFFICERS ASSN. 3,030.40 0 06/27/2025 0001 General Fund Federal Income Tax Withheld PAYROLL TAXES-FEDERAL 2,037.04 0 06/27/2025 0001 General Fund Pers Benefits PERS-RETIREMENT 0.01 0 06/27/2025 0001 General Fund Pers Deduction PERS-RETIREMENT 965.07 0 06/27/2025 0001 General Fund Garnishments STATE DISBURSEMENT UNIT 115.38 0 06/27/2025 0001 General Fund Pers Benefits PERS-RETIREMENT 9,655.35 0 06/27/2025 0001 General Fund Fica/Medicare - Employee PAYROLL TAXES-FEDERAL 4,238.93 0 06/27/2025 0001 General Fund Pers Benefits PERS-RETIREMENT 1,140.54 0 06/27/2025 0001 General Fund Life Insurance Payable FIRST UNUM LIFE INSURANCE COMPANY 107.02 0 06/27/2025 0001 General Fund Fica/Medicare - Employee PAYROLL TAXES-FEDERAL 76.27 0 06/27/2025 0001 General Fund Fica/Medicare-Employer PAYROLL TAXES-FEDERAL 4,238.93 0 06/27/2025 0001 General Fund Flea/Medicare-Employer PAYROLL TAXES-FEDERAL 455.51 0 06/27/2025 0001 General Fund Pers Benefits PERS-RETIREMENT 2,930.91 0 06/27/2025 0001 General Fund Flea/Medicare-Employer PAYROLL TAXES-FEDERAL 27.10 0 06/27/2025 0001 General Fund Fica/Medicare-Employer PAYROLL TAXES-FEDERAL 326.10 0 06/27/2025 0001 General Fund Fica/Medicare - Employee PAYROLL TAXES-FEDERAL 18,124.93 0 06/27/2025 0001 General Fund Deferred Compensation PNC BANK 1,458.00 0 06/27/2025 0001 General Fund Aflac Premiums AFLAC PLANS 96.75 0 06/27/2025 0001 General Fund Life Insurance Payable FIRST UNUM LIFE INSURANCE COMPANY 10.02 0 06/27/2025 0001 General Fund Fica/Medicare - Employee PAYROLL TAXES-FEDERAL 1,947.66 0 06/27/2025 0001 General Fund Pers Benefits PERS-RETIREMENT 9,804.83 0 06/27/2025 0001 General Fund Deferred Compensation CALPERS 1,027.00 0 06/27/2025 0001 General Fund State Income Tax Withheld PAYROLL TAXES-STATE 8,707.86 0 06/27/2025 0001 General Fund Pers Deduction PERS-RETIREMENT 2,862.25 0 06/27/2025 0001 General Fund Fica/Medicare - Employee PAYROLL TAXES-FEDERAL 455.51 0 06/27/2025 0001 General Fund Miscellaneous Union Dues AFSCME DISTRICT COUNCIL 57 931.56 0 06/27/2025 0001 General Fund Deferred Compensation CALPERS 575.00 Check Total: 154,253.14
0 06/27/2025 7010 Employee Benefits Fund Health Insurance, Retirees JEFF MONDLOCH 306.23 AP-Checks for Approval (7/10/2025 - 4:48 PM) Page 3
Check Number Check Date Fund Account Name Vendor Name Void Amount 0 06/27/2025 7010 Employee Benefits Fund Health Insurance, Retirees WILLIAM MARTIN 886.51 0 06/27/2025 7010 Employee Benefits Fund Health Insurance, Retirees DARN JANTZ 1,606.29 0 06/27/2025 7010 Employee Benefits Fund Health Insurance, Retirees NELSON CRABB 846.46 0 06/27/2025 7010 Employee Benefits Fund Health Insurance, Retirees ROBERT VASQUEZ 333.52 0 06/27/2025 7010 Employee Benefits Fund Health Insurance, Retirees MICHAEL SALVADOR 86.00 0 06/27/2025 7010 Employee Benefits Fund Health Insurance, Retirees ANTHONY CARDOZA 895.15 0 06/27/2025 7010 Employee Benefits Fund Health Insurance, Retirees JOSEPH HOFFAR 638.05 0 06/27/2025 7010 Employee Benefits Fund Health Insurance, Retirees BILL SWALLEY 240.03 0 06/27/2025 7010 Employee Benefits Fund Health Insurance, Retirees JOHN RASMUSSEN 832.46 0 06/27/2025 7010 Employee Benefits Fund Health Insurance, Retirees ADOLFO LOMELI 1,099.13 0 06/27/2025 7010 Employee Benefits Fund Health Insurance, Retirees CYNTHIA THOMPSON 368.23 0 06/27/2025 7010 Employee Benefits Fund Health Insurance, Retirees CHARLIE WOODS 832.46 0 06/27/2025 7010 Employee Benefits Fund Health Insurance, Retirees RICHARD HAWTHORNE 822.46 0 06/27/2025 7010 Employee Benefits Fund Health Insurance, Retirees MICHAEL KEELER 1,298.61 0 06/27/2025 7010 Employee Benefits Fund Health Insurance, Retirees GEORGE LOGAN 368.23 0 06/27/2025 7010 Employee Benefits Fund Health Insurance, Retirees ROBERT CALLAWAY 822.46 0 06/27/2025 7010 Employee Benefits Fund Health Insurance, Retirees STEVE KJOS 832.46 0 06/27/2025 7010 Employee Benefits Fund Health Insurance, Retirees KEN JENSEN 461.15 0 06/27/2025 7010 Employee Benefits Fund Health Insurance, Retirees KELLY SORENSEN 1,488.33 0 06/27/2025 7010 Employee Benefits Fund Health Insurance, Retirees LEN GUILLETTE 1,152.38 0 06/27/2025 7010 Employee Benefits Fund Health Insurance, Retirees LINDA FERRERO 368.23 0 06/27/2025 7010 Employee Benefits Fund Health Insurance, Retirees BENJAMIN THOMAS 1,522.58 0 06/27/2025 7010 Employee Benefits Fund Health Insurance, Retirees DICK WISDOM 240.03 0 06/27/2025 7010 Employee Benefits Fund Health Insurance, Retirees ELIZABETH WILDE 886.51 0 06/27/2025 7010 Employee Benefits Fund Health Insurance, Retirees THOMAS PROTHRO 245.45 0 06/27/2025 7010 Employee Benefits Fund Health Insurance, Retirees JAMES ATKINSON 240.03 0 06/27/2025 7010 Employee Benefits Fund Health Insurance, Retirees GLEN C. CARRINGTON 240.03 0 06/27/2025 7010 Employee Benefits Fund Health Insurance, Retirees SCOTT DUNCAN 1,915.18 0 06/27/2025 7010 Employee Benefits Fund Health Insurance, Retirees ALLAN BOYER 894.46 0 06/27/2025 7010 Employee Benefits Fund Health Insurance, Retirees PATRICK FARETTA 1,684.75 0 06/27/2025 7010 Employee Benefits Fund Health Insurance, Retirees DOUGLAS P. TILLEY 368.23 0 06/27/2025 7010 Employee Benefits Fund Health Insurance, Retirees GREG WELLMAN 854.46 0 06/27/2025 7010 Employee Benefits Fund Health Insurance, Retirees STANLEY FEATHERS 832.46 0 06/27/2025 7010 Employee Benefits Fund Health Insurance, Retirees CHRISTOPHER A. MCDANIEL 368.23 0 06/27/2025 7010 Employee Benefits Fund Health Insurance, Retirees TYNA LAMISON 701.03 0 06/27/2025 7010 Employee Benefits Fund Health Insurance, Retirees KAREN ARDEN-WALLER 380.74 0 06/27/2025 7010 Employee Benefits Fund Health Insurance, Retirees ROBERTO ROMERO 606.47 0 06/27/2025 7010 Employee Benefits Fund Health Insurance, Retirees JOHN SMOTHERS 823.15 0 06/27/2025 7010 Employee Benefits Fund Health Insurance, Retirees DEBRA COURT 245.45 0 06/27/2025 7010 Employee Benefits Fund Health Insurance, Retirees SANDY GLOWSKI 843.61 0 06/27/2025 7010 Employee Benefits Fund Health Insurance, Retirees JERRY MOORE 822.46 0 06/27/2025 7010 Employee Benefits Fund Health Insurance, Retirees NANCY WILLIAMS 368.23 0 06/27/2025 7010 Employee Benefits Fund Health Insurance, Retirees STEPHEN LUNDGREN 280.80 0 06/27/2025 7010 Employee Benefits Fund Health Insurance, Retirees RANDALL CARROTHERS 1,696.72 AP-Checks for Approval (7/10/2025 - 4:48 PM) Page 4
Check Number Check Date Fund Account Name Vendor Name Void Amount 0 06/27/2025 7010 Employee Benefits Fund Health Insurance, Retirees DAVID CHURCH 719.61 0 06/27/2025 7010 Employee Benefits Fund Health Insurance, Retirees DAVID WALKER 676.68 0 06/27/2025. 7010 Employee Benefits Fund Health Insurance, Retirees TONY RAMIREZ 972.99 0 06/27/2025 7010 Employee Benefits Fund Health Insurance, Retirees RENE MENDOZA 822.46 0 06/27/2025 7010 Employee Benefits Fund Health Insurance, Retirees HARRY E. DUNN 832.46 0 06/27/2025 7010 Employee Benefits Fund Health Insurance, Retirees GARY FRAGO 590.05 0 06/27/2025 7010 Employee Benefits Fund Health Insurance, Retirees DENNIS O. SPARKS 368.23 0 06/27/2025 7010 Employee Benefits Fund Health Insurance, Retirees ARMANDO ECHEVARRIA 886.51 0 06/27/2025 7010 Employee Benefits Fund Health Insurance, Retirees MANUEL DURAN 145.67 0 06/27/2025 7010 Employee Benefits Fund Health Insurance, Retirees FRANK ORMOND 245.45 0 06/27/2025 7010 Employee Benefits Fund Health Insurance, Retirees MARGARET MERRITT 240.03 0 06/27/2025 7010 Employee Benefits Fund Health Insurance, Retirees EARL WEATHERS 832.46 0 06/27/2025 7010 Employee Benefits Fund Health Insurance, Retirees JUAN SUFUENTES 1,700.78 0 06/27/2025 7010 Employee Benefits Fund Health Insurance, Retirees WILLIAM RICHARDS 245.45 0 06/27/2025 7010 Employee Benefits Fund Health Insurance, Retirees SAMUEL JOSEPH 1,521.62 0 06/27/2025 7010 Employee Benefits Fund Health Insurance, Retirees LOIS BELT 368.23 0 06/27/2025 7010 Employee Benefits Fund Health Insurance, Retirees CHRISTIAN HAMBRECHT 895.15 0 06/27/2025 7010 Employee Benefits Fund Health Insurance, Retirees LORI WATERMAN 754.33 0 06/27/2025 7010 Employee Benefits Fund Health Insurance, Retirees EDWARD VELASQUEZ 240.03 0 06/27/2025 7010 Employee Benefits Fund Health Insurance, Retirees FRANK PIETRO 734.76 0 06/27/2025 7010 Employee Benefits Fund Health Insurance, Retirees LORIN MANN 726.15 0 06/27/2025 7010 Employee Benefits Fund Health Insurance, Retirees MATTHEW PETERSON-HAYWOOD 573.25 0 06/27/2025 7010 Employee Benefits Fund Health Insurance, Retirees MIKE STANFORD 1,053.79 0 06/27/2025 7010 Employee Benefits Fund Health Insurance, Retirees BARBARA RIIS CHRISTENSEN 822.46 0 06/27/2025 7010 Employee Benefits Fund Health Insurance, Retirees JESUS F. DURAN 1,732.78 0 06/27/2025 7010 Employee Benefits Fund Health Insurance, Retirees BOBBY GREGORY 2,557.71 Check Total: 54,904.98
0 07/08/2025 7010 Employee Benefits Fund General Administration-Ins PERS-HEALTH 277.61 0 07/08/2025 7010 Employee Benefits Fund Health Insurance, Retirees PERS-HEALTH 199.94 0 07/08/2025 0001 General Fund Pers Health Payable PERS-HEALTH 115,671.53 0 07/08/2025 7010 Employee Benefits Fund Health Insurance, Retirees PERS-HEALTH 11,218.00 0 07/08/2025 7010 Employee Benefits Fund Health Insurance, Retirees PERS-HEALTH 1,918.35 0 07/08/2025 0001 General Fund Miscellaneous Bills PERS-HEALTH 4.60 Check Total: 129,290.03
28336 06/27/2025 0001 General Fund Professional Services MICHAEL FILLEBROWN 2,365.00 28336 06/27/2025 0001 General Fund Plan Check Deposits MICHAEL FILLEBROWN 15,762.09 28336 06/27/2025 0001 General Fund Plan Check Fees-Building MICHAEL FILLEBROWN -3,375.00 Check Total: 14,752.09
28337 06/27/2025 0001 General Fund Dutch Bros Planning Sec Dep MICHAEL FILLEBROWN 54,850.00 AP-Checks for Approval (7/10/2025 - 4:48 PM) Page 5
Check Number Check Date Fund Account Name Vendor Name Void Amount Check Total: 54,850.00
28338 06/27/2025 0001 General Fund Dutch Bros Planning Sec Dep MICHAEL FILLEBROWN 27,425.00 Check Total: 27,425.00
28339 06/30/2025 0001 General Fund Community Center Expense CITY OF ATWATER 5.17 28339 06/30/2025 0001 General Fund Track Meet CITY OF ATWATER 18.39 28339 06/30/2025 0001 General Fund Summer Youth Camps CPfY OF ATWATER 9.40 28339 06/30/2025 0001 General Fund Office Supplies CITY OF ATWATER 2.59 28339 06/30/2025 0001 General Fund Christmas Toy Drive CITY OF ATWATER 15.20 28339 06/30/2025 0001 General Fund Summer Youth Camps CITY OF ATWATER 17.30 28339 06/30/2025 0001 General Fund Office Supplies CITY OF ATWATER 2.89 28339 06/30/2025 0001 General Fund Easter Egg Hunt CITY OF ATWATER 17.69 28339 06/30/2025 0001 General Fund Summer Youth Camps CITY OF ATWATER 13.97 28339 06/30/2025 0001 General Fund Small Tools CITY OF ATWATER 19.46 28339 06/30/2025 0001 General Fund Coed Summer Softball CITY OF ATWATER 15.74 Check Total: 137.80
28340 06/30/2025 1010 ARPA-American Rescue Plan Act City Bldg - Civic Center #2 DGN BUILD INC 19,300.00 28340 06/30/2025 1010 ARPA-American Rescue Plan Act Project Retention DGN BUILD INC 64,548.95 Check Total: 83,848.95
28341 06/27/2025 0001 General Fund Garnishments FRANCHISE TAX BOARD 50.00 Check Total: 50.00
Report Total: 541,138.14
AP-Checks for Approval (7/10/2025 - 4:48 PM) Page 6
Accounts Payable
Checks for Approval
User:
Printed:
jmurillo
7/10/2025- 4:38 PM
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Check Number Check Date Fund Account Name Vendor Name Void Amount 07/14/2025 7010 Employee Benefits Fund Life Insurance UNUM LIFE INSURANCE 1,910.41 07/14/2025 6010 Sewer Enterprise Fund Electronic Pmt Processing Exp SPRINGBROOK-GROUP 575.45 07/14/2025 6010 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 61,666.67 07/14/2025 0001 General Fund Electronic Pmt Processing Exp CHASE MERCHANT SERVICES 44.95 07/14/2025 6000 Water Enterprise Fund Electronic Pmt Processing Exp SPRINGBROOK-GROUP 575.45 07/14/2025 0001 General Fund Electronic Pmt Processing Exp CHASE MERCHANT SERVICES 2,279.04 07/14/2025 7010 Employee Benefits Fund Disability Insurance UNUM LIFE INSURANCE 1,178.97 07/14/2025 6010 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 33,147.40 07/14/2025 6010 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 178,007.29 07/14/2025 0001 General Fund Electronic Pmt Processing Exp CHASE MERCHANT SERVICES 64.09 07/14/2025 0001 General Fund Electronic Pmt Processing Exp GLOBAL PAYMENTS INTEGRATED 1,605.80 07/14/2025 6000 Water Enterprise Fund Electronic Pmt Processing Exp VANCO PAYMENT SOLUTIONS 37.49 07/14/2025 6020 Sanitation Enterprise Fund Electronic Pmt Processing Exp VANCO PAYMENT SOLUTIONS 37.48 07/14/2025 6020 Sanitation Enterprise Fund Electronic Pmt Processing Exp SPRINGBROOK-GROUP 575.45 07/14/2025 1010 ARPA-American Rescue Plan Act City Bldg - Civic Center #2 UBEO WEST LLC 187.03 07/14/2025 0001 General Fund Electronic Pmt Processing Exp CHASE MERCHANT SERVICES 45.98 07/14/2025 0001 General Fund Office Supplies QUADIENT FINANCE USA INC 1,000.00 07/14/2025 6010 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 97,916.67 07/14/2025 6001 Water Fund Capital Replacement Installation-New Water Meters AQUA METRIC 2,082.20 07/14/2025 6010 Sewer Enterprise Fund Electronic Pmt Processing Exp VANCO PAYMENT SOLUTIONS 37.49 07/14/2025 7010 Employee Benefits Fund Disability Insurance UNUM LIFE INSURANCE 3,716.13 Check Total: 386,691.44
28342 07/14/2025 6000 Water Enterprise Fund Professional Services ABS DIRECT INC 49.18 28342 07/14/2025 6000 Water Enterprise Fund Professional Services ABS DIRECT INC 747.82 28342 07/14/2025 6010 Sewer Enterprise Fund Professional Services ABS DIRECT INC 747.82 28342 07/14/2025 6020 Sanitation Enterprise Fund Professional Services ABS DIRECT INC 49.18 28342 07/14/2025 6010 Sewer Enterprise Fund Professional Services ABS DIRECT INC 49.18 28342 07/14/2025 6020 Sanitation Enterprise Fund Professional Services ABS DIRECT INC 747.82 Check Total: 2,391.00
28343 07/14/2025 7000 Internal Service Fund Professional Services ADVANCED HEATING & AIR 190.00 28343 07/14/2025 7000 Internal Service Fund Special Departmental Expense ADVANCED HEATING & AIR 386.06 AP-Checks for Approval (7/10/2025 - 4:38 PM) Page 1
Check Number Check Date Fund Account Name Vendor Name Void Amount 28343 07/14/2025 7000 Internal Service Fund Special Departmental Expense ADVANCED HEATING & AIR 142.50 28343 07/14/2025 7000 Internal Service Fund Professional Services ADVANCED HEATING & AIR 380.00 28343 07/14/2025 7000 Internal Service Fund Special Departmental Expense ADVANCED HEATING & AIR 1,131.00 Check Total: 2,229.56
28344 07/14/2025 6020 Sanitation Enterprise Fund Special Departmental Expense AGROMIN HORTICULTURAL PRODUCTS 18,409.20 Check Total: 18,409.20
28345 07/14/2025 0001 General Fund Community Center Deposits ABRAHAM AGUILAR 350.00 Check Total: 350.00
28346 07/14/2025 0001 General Fund Special Departmental Expense AIRGAS USA, LLC 130.85 Check Total: 130.85
28347 07/14/2025 6010 Sewer Enterprise Fund Special Departmental Expense ALL-PHASE ELECTRIC 61.50 Check Total: 61.50
28348 07/14/2025 0001 General Fund Professional Services ALLWAYS TOWING LLC 2,750.00 28348 07/14/2025 0001 General Fund Professional Services ALLWAYS TOWING LLC 400.00 Check Total: 3,150.00
28349 07/14/2025 0001 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 135.02 28349 07/14/2025 0001 General Fund Office Supplies AMAZON CAPITAL SERVICES 5.56 28349 07/14/2025 0001 General Fund Office Supplies AMAZON CAPITAL SERVICES 223.83 28349 07/14/2025 0001 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 60.64 28349 07/14/2025 0001 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 214.05 28349 07/14/2025 6000 Water Enterprise Fund Special Departmental Expense AMAZON CAPITAL SERVICES 239.16 28349 07/14/2025 0001 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 35.87 28349 07/14/2025 0001 General Fund Various Classes AMAZON CAPITAL SERVICES 41.99 28349 07/14/2025 0001 General Fund Office Supplies AMAZON CAPITAL SERVICES 99.95 28349 07/14/2025 0001 General Fund Office Supplies AMAZON CAPITAL SERVICES 10.32 28349 07/14/2025 0001 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 113.76 28349 07/14/2025 7030 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 19.58 28349 07/14/2025 0001 General Fund Office Supplies AMAZON CAPITAL SERVICES 36.68 28349 07/14/2025 7000 Internal Service Fund Special Departmental Expense AMAZON CAPITAL SERVICES 39.60 28349 07/14/2025 7030 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 160.01 28349 07/14/2025 7000 Internal Service Fund Special Departmental Expense AMAZON CAPITAL SERVICES 371.34 28349 07/14/2025 0001 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 7.59 28349 07/14/2025 0001 General Fund Youth Indoor Soccer AMAZON CAPITAL SERVICES 145.70 28349 07/14/2025 7000 Internal Service Fund Special Departmental Expense AMAZON CAPITAL SERVICES 27.83 28349 07/14/2025 0001 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 70.00 AP-Checks for Approval (7/10/2025 - 4:38 PM) Page 2
Check Number Check Date Fund Account Name Vendor Name Void Amount 28349 07/14/2025 0001 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 40.92 28349 07/14/2025 0001 General Fund Office Supplies AMAZON CAPITAL SERVICES 108.63 28349 07/14/2025 0001 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 38.00 28349 07/14/2025 7030 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 95.02 28349 07/14/2025 0001 General Fund Various Classes AMAZON CAPITAL SERVICES 105.97 28349 07/14/2025 0001 General Fund Machinery & Equipment AMAZON CAPITAL SERVICES 46.90 28349 07/14/2025 0001 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 140.52 28349 07/14/2025 0001 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 17.28 28349 07/14/2025 6000 Water Enterprise Fund Special Departmental Expense AMAZON CAPITAL SERVICES 309.88 28349 07/14/2025 0001 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 68.57 28349 07/14/2025 0001 General Fund Office Supplies AMAZON CAPITAL SERVICES 33.00 28349 07/14/2025 7030 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 159.01 28349 07/14/2025 0001 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 31.52 28349 07/14/2025 0001 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 173.98 28349 07/14/2025 7030 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 205.72 28349 07/14/2025 0001 General Fund Office Supplies AMAZON CAPITAL SERVICES 21.18 28349 07/14/2025 0001 General Fund Office Supplies AMAZON CAPITAL SERVICES 27.90 28349 07/14/2025 0001 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 185.95 28349 07/14/2025 7030 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 171.80 28349 07/14/2025 0001 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 80.45 28349 07/14/2025 0001 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 45.65 28349 07/14/2025 0001 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 77.20 28349 07/14/2025 0001 General Fund Machinery & Equipment AMAZON CAPITAL SERVICES 16.96 28349 07/14/2025 0001 General Fund Office Supplies AMAZON CAPITAL SERVICES 10.86 28349 07/14/2025 0001 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 348.50 28349 07/14/2025 7030 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 64.49 28349 07/14/2025 0001 General Fund Office Supplies AMAZON CAPITAL SERVICES -32.61 28349 07/14/2025 0001 General Fund Office Supplies AMAZON CAPITAL SERVICES 76.11 28349 07/14/2025 7030 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 176.59 28349 07/14/2025 0001 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 296.41 28349 07/14/2025 7030 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 871.05 28349 07/14/2025 0001 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 5.68 28349 07/14/2025 0001 General Fund Office Supplies AMAZON CAPITAL SERVICES 28.77 28349 07/14/2025 0001 General Fund Office Supplies AMAZON CAPITAL SERVICES 29.35 28349 07/14/2025 0001 General Fund Office Supplies AMAZON CAPITAL SERVICES 65.90 28349 07/14/2025 0001 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 38.06 28349 07/14/2025 0001 General Fund Office Supplies AMAZON CAPITAL SERVICES 130.82 28349 07/14/2025 7030 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 1,609.05 28349 07/14/2025 7030 Information Technology Fund Special Departmental Expense AMAZON CAPITAL SERVICES 85.98 28349 07/14/2025 0001 General Fund Office Supplies AMAZON CAPITAL SERVICES 36.64 28349 07/14/2025 0001 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 8.74 28349 07/14/2025 0001 General Fund Office Supplies AMAZON CAPITAL SERVICES 201.18 28349 07/14/2025 0001 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 61.96 28349 07/14/2025 7000 Internal Service Fund Special Departmental Expense AMAZON CAPITAL SERVICES 7.59 AP-Checks for Approval (7/10/2025 - 4:38 PM) Page 3
Check Number Check Date Fund Account Name Vendor Name Void Amount 28349 07/14/2025 0001 General Fund Youth Indoor Soccer AMAZON CAPITAL SERVICES 160.88 28349 07/14/2025 6000 Water Enterprise Fund Special Departmental Expense AMAZON CAPITAL SERVICES 36.40 28349 07/14/2025 0001 General Fund Office Supplies AMAZON CAPITAL SERVICES 6.46 28349 07/14/2025 0001 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 99.69 28349 07/14/2025 0001 General Fund Office Supplies AMAZON CAPITAL SERVICES 34.04 28349 07/14/2025 0001 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 35.85 28349 07/14/2025 0001 General Fund Office Supplies AMAZON CAPITAL SERVICES 55.95 28349 07/14/2025 0001 General Fund Office Supplies AMAZON CAPITAL SERVICES 18.48 Check Total: 8,829.36
28350 07/14/2025 7000 Internal Service Fund Operations & Maintenance ASSOCIATES LOCK & SAFE SERVICE 20.57 Check Total: 20.57
28351 07/14/2025 6000 Water Enterprise Fund Communications AT&T CALNET 345.83 28351 07/14/2025 7000 Internal Service Fund Communications AT&T CALNET 603.00 28351 07/14/2025 0001 General Fund Communications AT&T CALNET 171.71 28351 07/14/2025 6010 Sewer Enterprise Fund Communications AT&T CALNET 563.00 28351 07/14/2025 0001 General Fund Communications AT&T CALNET 285.94 Check Total: 1,969.48
28352 07/14/2025 0004 Public Safety Trues & Use Tax Professional Services AXON ENTERPRISE, INC. 38,935.02 Check Total: 38,935.02
28353 07/14/2025 0001 General Fund Community Center Deposits GURPREET BANS 350.00 28353 07/14/2025 0001 General Fund Community Center Deposits GURPREET BAINS 210.00 Check Total: 560.00
28354 07/14/2025 7010 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 1,927.86 28354 07/14/2025 7010 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 1,593.03 28354 07/14/2025 7010 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 3,281.03 28354 07/14/2025 7010 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 1,072.34 28354 07/14/2025 7010 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 4,105.29 28354 07/14/2025 7010 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 515.52 Check Total: 12,495.07
28355 07/14/2025 6000 Water Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 172.71 28355 07/14/2025 6010 Sewer Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 44.12 28355 07/14/2025 7000 Internal Service Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 14.23 28355 07/14/2025 1011 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 45.23 28355 07/14/2025 6010 Sewer Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 45.19 28355 07/14/2025 1011 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 64.12 AP-Checks for Approval (7/10/2025 - 4:38 PM) Page 4
Check Number Check Date Fund Account Name Vendor Name Void Amount 28355 07/14/2025 6000 Water Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 16.15 28355 07/14/2025 1011 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 14.30 28355 07/14/2025 1011 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 82.35 28355 07/14/2025 1011 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 88.83 28355 07/14/2025 6010 Sewer Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 11.02 28355 07/14/2025 0001 General Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 22.59 28355 07/14/2025 6010 Sewer Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 2.51 28355 07/14/2025 1011 Gas Tax/Street Improvement Small Tools BIG CREEK LUMBER COMPANY 46.54 28355 07/14/2025 6010 Sewer Enterprise Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 21.51 28355 07/14/2025 7000 Internal Service Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 19.37 28355 07/14/2025 1011 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 19.37 28355 07/14/2025 1011 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 9.68 28355 07/14/2025 0001 General Fund Small Tools BIG CREEK LUMBER COMPANY 323.24 28355 07/14/2025 1011 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 7.02 Check Total: 1,070.08
28356 07/14/2025 6010 Sewer Enterprise Fund Professional Services BLACK WATER CONSULTING ENGINEERING, 3,394.50 Check Total: 3,394.50
28357 07/14/2025 1011 Gas Tax/Street Improvement Uniform & Clothing Expense BOOT BARN 168.55 28357 07/14/2025 1011 Gas Tax/Street Improvement Uniform & Clothing Expense BOOT BARN 200.00 28357 07/14/2025 1011 Gas Tax/Street Improvement Uniform & Clothing Expense BOOT BARN 173.99 28357 07/14/2025 0001 General Fund Uniform & Clothing Expense BOOT BARN 200.00 28357 07/14/2025 1011 Gas Tax/Street Improvement Uniform & Clothing Expense BOOT BARN 200.00 Check Total: 942.54
28358 07/14/2025 6010 Sewer Enterprise Fund Accounts Payable BRECKENRIDGE PROPERTY FUND 2016 LLC 4.58 28358 07/14/2025 6000 Water Enterprise Fund Accounts Payable BRECKENRIDGE PROPERTY FUND 2016 LLC 3.86 28358 07/14/2025 6020 Sanitation Enterprise Fund Accounts Payable BRECKENRIDGE PROPERTY FUND 2016 LLC 3.08 Check Total: 11.52
28359 07/14/2025 6000 Water Enterprise Fund Professional Services BSK ASSOCIATES 874.13 28359 07/14/2025 6007 1,2,3-TCP Fund Professional Services BSK ASSOCIATES 999.40 28359 07/14/2025 6000 Water Enterprise Fund Professional Services BSK ASSOCIATES 79.89 28359 07/14/2025 6000 Water Enterprise Fund Professional Services BSKASSOCIATES 310.35 28359 07/14/2025 6000 Water Enterprise Fund Professional Services BSK ASSOCIATES 61.12 28359 07/14/2025 6000 Water Enterprise Fund Professional Services BSK ASSOCIATES 186.21 28359 07/14/2025 6000 Water Enterprise Fund Professional Services BSK ASSOCIATES 79.89 28359 07/14/2025 6000 Water Enterprise Fund Professional Services BSK ASSOCIATES 213.04 28359 07/14/2025 6000 Water Enterprise Fund Professional Services BSK ASSOCIATES 30.56 28359 07/14/2025 6000 Water Enterprise Fund Professional Services BSK ASSOCIATES 61.12 28359 07/14/2025 6000 Water Enterprise Fund Professional Services BSK ASSOCIATES 50.25 AP-Checks for Approval (7/10/2025 - 4:38 PM) Page 5
Check Number Check Date Fund Account Name Vendor Name Void Amount 28359 07/14/2025 6000 Water Enterprise Fund Professional Services BSK ASSOCIATES 2,190.00 28359 07/14/2025 6000 Water Enterprise Fund Professional Services BSK ASSOCIATES 213.04 28359 07/14/2025 6000 Water Enterprise Fund Professional Services BSK ASSOCIATES 79.89 28359 07/14/2025 6000 Water Enterprise Fund Professional Services BSK ASSOCIATES 213.04 28359 07/14/2025 6007 1,2,3-TCP Fund Professional Services BSK ASSOCIATES 2,598.44 28359 07/14/2025 6007 1,2,3-TCP Fund Professional Services BSK ASSOCIATES 999.40 28359 07/14/2025 6000 Water Enterprise Fund Professional Services BSK ASSOCIATES 79.89 28359 07/14/2025 6000 Water Enterprise Fund Professional Services BSK ASSOCIATES 171.36 28359 07/14/2025 6000 Water Enterprise Fund Professional Services BSKASSOCIATES 79.89 28359 07/14/2025 6000 Water Enterprise Fund Professional Services BSK ASSOCIATES 26.63 28359 07/14/2025 6000 Water Enterprise Fund Professional Services BSK ASSOCIATES 133.15 28359 07/14/2025 6000 Water Enterprise Fund Professional Services BSK ASSOCIATES 3,090.00 28359 07/14/2025 6000 Water Enterprise Fund Professional Services BSK ASSOCIATES 30.56 28359 07/14/2025 6000 Water Enterprise Fund Professional Services BSK ASSOCIATES 310.35 Check Total: 13,161.60
28360 07/14/2025 6000 Water Enterprise Fund Accounts Payable BSM REALTY INC 174.26 Check Total: 174.26
28361 07/14/2025 7000 Internal Service Fund Operations & Maintenance BURTONS FIRE INC 291.02 Check Total: 291.02
28362 07/14/2025 6000 Water Enterprise Fund Water Service Charges C+L SANITATION -43.00 28362 07/14/2025 0001 General Fund Deposits C+L SANITATION 547.00 Check Total: 504.00
28363 07/14/2025 0001 General Fund Special Departmental Expense CAL FARM SERVICES 19.74 28363 07/14/2025 0001 General Fund Special Departmental Expense CAL FARM SERVICES 4.31 28363 07/14/2025 1011 Gas Tax/Street Improvement Small Tools CAL FARM SERVICES 2,646.64 28363 07/14/2025 0001 General Fund Special Departmental Expense CAL FARM SERVICES 27.28 28363 07/14/2025 0001 General Fund Professional Services CAL FARM SERVICES 80.00 28363 07/14/2025 1011 Gas Tax/Street Improvement Small Tools CAL FARM SERVICES 430.99 28363 07/14/2025 0001 General Fund Special Departmental Expense CAL FARM SERVICES 45.69 Check Total: 3,254.65
28364 07/14/2025 6010 Sewer Enterprise Fund Machinery & Equipment CASCADE INTEGRATION AND DEVELOPMEN 3,681.92 Check Total: 3,681.92
28365 07/14/2025 0001 General Fund Race Communication Fiber Proj CCME INC 23,357.26 28365 07/14/2025 0007 Measure V Fund Fruitland Ave Rd Improvements CCME INC 32,341.45 28365 07/14/2025 0007 Measure V Fund Fruitland Ave Rd Improvements CCME INC 44,057.33 AP-Checks for Approval (7/10/2025 - 4:38 PM) Page 6
Check Number Check Date Fund Account Name Vendor Name Void Amount Check Total: 99,756.04
28366 07/14/2025 6000 Water Enterprise Fund Accounts Payable HUI CHEN 35.70 Check Total: 35.70
28367 07/14/2025 1011 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS CORP 41.52 28367 07/14/2025 7000 Internal Service Fund Uniform & Clothing Expense CINTAS CORD 14.32 28367 07/14/2025 6000 Water Enterprise Fund Uniform & Clothing Expense CINTAS CORP 52.42 28367 07/14/2025 6000 Water Enterprise Fund Uniform & Clothing Expense CINTAS CORP 52.42 28367 07/14/2025 7000 Internal Service Fund Uniform & Clothing Expense CINTAS CORP 7.33 28367 07/14/2025 0001 General Fund Uniform & Clothing Expense CINTAS CORP 39.14 28367 07/14/2025 6010 Sewer Enterprise Fund Uniform & Clothing Expense CINTAS CORP 78.56 28367 07/14/2025 7000 Internal Service Fund Uniform & Clothing Expense CINTAS CORP 7.33 28367 07/14/2025 7000 Internal Service Fund Uniform & Clothing Expense CINTAS CORP 14.32 28367 07/14/2025 7000 Internal Service Fund Special Departmental Expense CINTAS CORP 31.22 28367 07/14/2025 6010 Sewer Enterprise Fund Uniform & Clothing Expense CINTAS CORP 78.56 28367 07/14/2025 1011 Gas Tax/Street Improvement Uniform & Clothing Expense CINTAS CORP 41.52 28367 07/14/2025 0001 General Fund Uniform & Clothing Expense CINTAS CORP 39.14 28367 07/14/2025 7000 Internal Service Fund Special Departmental Expense CINTAS CORP 31.22 Check Total: 529.02
28368 07/14/2025 0001 General Fund Special Departmental Expense CLOUDPERMIT INC 6,000.00 28368 07/14/2025 0001 General Fund Special Departmental Expense CLOUDPERMIT INC 33,000.00 Check Total: 39,000.00
28369 07/14/2025 7000 Internal Service Fund Communications COMCAST 1,680.49 Check Total: 1,680.49
28370 07/14/2025 7000 Internal Service Fund Utilities COMCAST 13.10 28370 07/14/2025 7000 Internal Service Fund Utilities COMCAST 266.34 Check Total: 279.44
28371 07/14/2025 0004 Public Safety Trans & Use Tax Machinery & Equipment COOK'S COMMUNICATIONS 2,437.11 28371 07/14/2025 0004 Public Safety Trans & Use Tax Machinery & Equipment COOK'S COMMUNICATIONS 4,433.42 Check Total: 6,870.53
28372 07/14/2025 0001 General Fund Special Departmental Expense CREATIVE COPY 457.50 28372 07/14/2025 0001 General Fund Special Departmental Expense CREATIVE COPY 169.23 Check Total: 626.73
AP-Checks for Approval (7/10/2025 - 4:38 PM) Page 7
Check Number Check Date Fund Account Name Vendor Name Void Amount 28373 07/14/2025 6010 Sewer Enterprise Fund Professional Services CVCWA 3,500.00 Check Total: 3,500.00
28374 07/14/2025 7000 Internal Service Fund Professional Services D & D PEST CONTROL 38.00 28374 07/14/2025 7000 Internal Service Fund Professional Services D & D PEST CONTROL 55.00 28374 07/14/2025 7000 Internal Service Fund Professional Services D & D PEST CONTROL 56.00 28374 07/14/2025 7000 Internal Service Fund Professional Services D & D PEST CONTROL 38.00 28374 07/14/2025 7000 Internal Service Fund Professional Services D & D PEST CONTROL 56.00 28374 07/14/2025 7000 Internal Service Fund Professional Services D & D PEST CONTROL 44.00 28374 07/14/2025 7000 Internal Service Fund Professional Services D & D PEST CONTROL 44.00 28374 07/14/2025 7000 Internal Service Fund Professional Services D & D PEST CONTROL 38.00 28374 07/14/2025 7000 Internal Service Fund Professional Services D & D PEST CONTROL 38.00 Check Total: 407.00
28375 07/14/2025 7030 Information Technology Fund Memberships & Subscriptions DATA PATH 58.81 28375 07/14/2025 7030 Information Technology Fund Memberships & Subscriptions DATA PATH 1,089.00 28375 07/14/2025 7030 Information Technology Fund Professional Services DATA PATH 8,321.00 28375 07/14/2025 7030 Information Technology Fund Memberships & Subscriptions DATA PATH 760.00 28375 07/14/2025 7030 Information Technology Fund Memberships & Subscriptions DATA PATH 58.81 28375 07/14/2025 7030 Information Technology Fund Memberships & Subscriptions DATA PATH 2,831.00 28375 07/14/2025 7030 Information Technology Fund Memberships & Subscriptions DATA PATH 2,806.00 28375 07/14/2025 7030 Information Technology Fund Memberships & Subscriptions DATA PATH 3,431.00 Check Total: 19,355.62
28376 07/14/2025 7020 Risk Management Fund Professional Services DELFINO MADDEN O'MALLEY COYLE & KOE 9,452.31 Check Total: 9,452.31
28377 07/14/2025 0001 General Fund Community Center Deposits CHERUB DENIZ 210.00 28377 07/14/2025 0001 General Fund Community Center Deposits CHERUB DENIZ 210.00 28377 07/14/2025 0001 General Fund Community Center Deposits CHERUB DENIZ 350.00 Check Total: 770.00
28378 07/14/2025 1018 SB1-Road Maint & Rehab RMRA Pavement Markings DISPENSING TECHNOLOGY CORPORATION 19,987.84 28378 07/14/2025 1011 Gas Tax/Street Improvement Machinery & Equipment DISPENSING TECHNOLOGY CORPORATION 12,514.18 Check Total: 32,502.02
28379 07/14/2025 7000 Internal Service Fund Professional Services DONS MOBILE GLASS 199.48 28379 07/14/2025 7000 Internal Service Fund Operations & Maintenance DONS MOBILE GLASS 650.52 Check Total: 850.00
AP-Checks for Approval (7/10/2025 - 4:38 PM) Page 8
Check Number Check Date Fund Account Name Vendor Name Void Amount 28380 07/14/2025 7000 Internal Service Fund Professional Services MARTIN DURAN 820.00 Check Total: 820.00
28381 07/14/2025 0001 General Fund Castle Park Deposits VANESSA ESPINOZA 200.00 Check Total: 200.00
28382 07/14/2025 0001 General Fund Special Departmental Expense EWING IRRIGATION PRODUCTS INC. 294.76 Check Total: 294.76
28383 07/14/2025 7000 Internal Service Fund Operations & Maintenance FORD PRO 286.17 Check Total: 286.17
28384 07/14/2025 1011 Gas Tax/Street Improvement Special Departmental Expense GARTON TRACTOR INC 132.96 28384 07/14/2025 6010 Sewer Enterprise Fund Special Departmental Expense GARTON TRACTOR INC 1,521.90 28384 07/14/2025 0001 General Fund Special Departmental Expense GARTON TRACTOR INC 65.16 28384 07/14/2025 1011 Gas Tax/Street Improvement Special Departmental Expense GARTON TRACTOR INC 230.03 Check Total: 1,950.05
28385 07/14/2025 6000 Water Enterprise Fund Uniform & Clothing Expense GCP WW HOLDCO LLC 168.86 28385 07/14/2025 6010 Sewer Enterprise Fund Uniform & Clothing Expense GCP WW HOLDCO LLC 200.00 Check Total: 368.86
28386 07/14/2025 0007 Measure V Fund Project Retention GEORGE REED INC -7,853.93 28386 07/14/2025 1017 RSTP-Regional Surf Transp Prog Fruitland Ave Rd Improvements GEORGE REED INC 1,044,284.68 28386 07/14/2025 1017 RSTP-Regional Surf Transp Prog Project Retention GEORGE REED INC -52,214.23 28386 07/14/2025 0007 Measure V Fund Fruitland Ave Rd Improvements GEORGE REED INC 157,078.50 Check Total: 1,141,295.02
28387 07/14/2025 6010 Sewer Enterprise Fund Lower Shaffer Storm Drain Imp GHD 513.13 Check Total: 513.13
28388 07/14/2025 6000 Water Enterprise Fund Accounts Payable AMY GIBBS 6.54 28388 07/14/2025 6010 Sewer Enterprise Fund Accounts Payable AMY GIBBS 6.87 28388 07/14/2025 6020 Sanitation Enterprise Fund Accounts Payable AMY GIBBS 4.62 Check Total: 18.03
28389 07/14/2025 6000 Water Enterprise Fund Accounts Payable JOSEPH GONZALEZ 136.93 AP-Checks for Approval (7/10/2025 - 4:38 PM) Page 9
Check Number Check Date Fund Account Name Vendor Name Void Amount Check Total: 136.93
28390 07/14/2025 6000 Water Enterprise Fund Special Departmental Expense GRAINGER 1,704.05 28390 07/14/2025 6010 Sewer Enterprise Fund Special Departmental Expense GRAINGER 4,028.42 28390 07/14/2025 6000 Water Enterprise Fund Special Departmental Expense GRAINGER 526.91 28390 07/14/2025 0001 General Fund Special Departmental Expense GRAINGER 85.92 Check Total: 6,345.30
28391 07/14/2025 0004 Public Safety Trans & Use Tax Machinery & Equipment HENRY SCHEIN, INC. 752.39 Check Total: 752.39
28392 07/14/2025 7000 Internal Service Fund Operations & Maintenance HI-TECH EVS INC 533.86 Check Total: 533.86
28393 07/14/2025 7000 Internal Service Fund Utilities HOFFMAN SECURITY 1,137.00 28393 07/14/2025 7000 Internal Service Fund Utilities HOFFMAN SECURITY 1,055.00 28393 07/14/2025 7000 Internal Service Fund Utilities HOFFMAN SECURITY 444.75 28393 07/14/2025 7000 Internal Service Fund Professional Services HOFFMAN SECURITY 263.92 Check Total: 2,900.67
28394 07/14/2025 0001 General Fund Special Departmental Expense HORIZON 137.46 28394 07/14/2025 1011 Gas Tax/Street Improvement Special Departmental Expense HORIZON 81.64 28394 07/14/2025 0001 General Fund Special Departmental Expense HORIZON 38.32 28394 07/14/2025 1011 Gas Tax/Street Improvement Special Departmental Expense HORIZON 4.09 Check Total: 261.51
28395 07/14/2025 7000 Internal Service Fund Professional Services INTERSTATE TRUCK CENTER 400.00 28395 07/14/2025 7000 Internal Service Fund Operations & Maintenance INTERSTATE TRUCK CENTER 42.52 Check Total: 442.52
28396 07/14/2025 1018 SB1-Road Maint & Rehab RMRA Traffic Signals Maint & Repair JAM SERVICES INC 147.90 Check Total: 147.90
28397 07/14/2025 5046 Applegate Ranch Lndscp Professional Services JOE'S LANDSCAPING & CONCRETE 430.75 28397 07/14/2025 5010 Price Annexation LMA Professional Services JOE'S LANDSCAPING & CONCRETE 236.95 28397 07/14/2025 5031 Stone Creek LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 827.69 28397 07/14/2025 5040 Mello Ranch 2 LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 592.99 28397 07/14/2025 5016 Redwood Estates LMA Professional Services JOE'S LANDSCAPING & CONCRETE 232.49 28397 07/14/2025 5029 Camellia Meadows LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 289.06 28397 07/14/2025 5024 Mello Ranch LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 382.08 AP-Checks for Approval (7/10/2025 - 4:38 PM) Page 10
Check Number Check Date Fund Account Name Vendor Name Void Amount 28397 07/14/2025 5012 Sandlewood Square LMA Professional Services JOE'S LANDSCAPING & CONCRETE 376.67 28397 07/14/2025 5010 Price Annexation LMA Professional Services JOE'S LANDSCAPING & CONCRETE 863.39 28397 07/14/2025 6000 Water Enterprise Fund Professional Services JOE'S LANDSCAPING & CONCRETE 1,200.00 28397 07/14/2025 5022 Silva Ranch LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 511.87 28397 07/14/2025 5010 Price Annexation LMA Professional Services JOE'S LANDSCAPING & CONCRETE 1,679.74 28397 07/14/2025 5037 Atwater South LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 1,084.18 28397 07/14/2025 5010 Price Annexation LMA Professional Services JOE'S LANDSCAPING & CONCRETE 1,354.16 28397 07/14/2025 5027 Juniper Meadows LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 138.72 28397 07/14/2025 5035 Bell Crossing LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 232.81 28397 07/14/2025 5018 Cottage Gardens ST & LMA Professional Services JOE'S LANDSCAPING & CONCRETE 154.94 28397 07/14/2025 5044 Aspenwood Lndscp Professional Services JOE'S LANDSCAPING & CONCRETE 395.05 28397 07/14/2025 5042 Meadow View LNDSCP Professional Services JOE'S LANDSCAPING & CONCRETE 356.12 28397 07/14/2025 5014 Pajaro Dunes LMA Professional Services JOE'S LANDSCAPING & CONCRETE 231.19 Check Total: 11,570.85
28398 07/14/2025 7000 Internal Service Fund Special Departmental Expense JOHNSTONE SUPPLY 31.26 Check Total: 31.26
28399 07/14/2025 1011 Gas Tax/Street Improvement Special Departmental Expense KELLOGG SUPPLY 8.18 28399 07/14/2025 6010 Sewer Enterprise Fund Small Tools KELLOGG SUPPLY 143.69 28399 07/14/2025 6000 Water Enterprise Fund Special Departmental Expense KELLOGG SUPPLY 7.71 Check Total: 159.58
28400 07/14/2025 6001 Water Fund Capital Replacement Installation-New Water Meters LAWRENCE BACKHOE SERVICE INC 41,357.00 28400 07/14/2025 6001 Water Fund Capital Replacement Project Retention LAWRENCE BACKHOE SERVICE INC -2,067.85 Check Total: 39,289.15
28401 07/14/2025 7000 Internal Service Fund Operations & Maintenance LAWSON PRODUCTS 161.86 28401 07/14/2025 7000 Internal Service Fund Operations & Maintenance LAWSON PRODUCTS 306.68 Check Total: 468.54
28402 07/14/2025 0001 General Fund Miscellaneous LOOMIS 718.32 Check Total: 718.32
28403 07/14/2025 0001 General Fund Community Center Deposits LUIS LOPEZ 210.00 28403 07/14/2025 0001 General Fund Community Center Rental LUIS LOPEZ -175.00 28403 07/14/2025 0001 General Fund Community Center Deposits LUIS LOPEZ 210.00 28403 07/14/2025 0001 General Fund Community Center Deposits LUIS LOPEZ 210.00 28403 07/14/2025 0001 General Fund Community Center Deposits LUIS LOPEZ 525.00 AP-Checks for Approval (7/10/2025 - 4:38 PM) Page 11
Check Number Check Date Fund Account Name Vendor Name Void Amount Check Total: 980.00
28404 07/14/2025 6000 Water Enterprise Fund Accounts Payable MARIA LOPEZ 107.69 Check Total: 107.69
28405 07/14/2025 0010 Measure V Regional Fund Bellevue Road Realignment MARK THOMAS & COMPANY, INC 8,506.66 28405 07/14/2025 0010 Measure V Regional Fund Bellevue Road Realignment MARK THOMAS & COMPANY, INC 4,126.40 28405 07/14/2025 0010 Measure V Regional Fund Bellevue Road Realignment MARK THOMAS & COMPANY, INC 403.00 Check Total: 13,036.06
28406 07/14/2025 0001 General Fund Castle Park Deposits ANA ROSA MARTINEZ 200.00 Check Total: 200.00
28407 07/14/2025 1011 Gas Tax/Street Improvement Special Departmental Expense MC REGIONAL WASTE MGMT. AUTH. 52.09 Check Total: 52.09
28408 07/14/2025 6000 Water Enterprise Fund Accounts Payable BRAND! MCILVAIN 196.75 28408 07/14/2025 6020 Sanitation Enterprise Fund Accounts Payable BRAND! MCILVAIN 21.58 28408 07/14/2025 6010 Sewer Enterprise Fund Accounts Payable BRAND! MCILVAIN 32.07 Check Total: 250.40
28409 07/14/2025 0001 General Fund Youth Indoor Soccer MCNAMARA SPORTS 734.48 Check Total: 734.48
28410 07/14/2025 0001 General Fund Coed Summer Softball MERCED AREA SPORTS OFFICIALS, INC 280.00 28410 07/14/2025 0001 General Fund Men's Summer Softball MERCED AREA SPORTS OFFICIALS, INC 420.00 28410 07/14/2025 0001 General Fund Men's Summer Softball MERCED AREA SPORTS OFFICIALS, INC 420.00 28410 07/14/2025 0001 General Fund Coed Summer Softball MERCED AREA SPORTS OFFICIALS, INC 280.00 28410 07/14/2025 0001 General Fund Men's Summer Softball MERCED AREA SPORTS OFFICIALS, INC 420.00 28410 07/14/2025 0001 General Fund Coed Summer Softball MERCED AREA SPORTS OFFICIALS, INC 280.00 28410 07/14/2025 0001 General Fund Coed Summer Softball MERCED AREA SPORTS OFFICIALS, INC 280.00 28410 07/14/2025 0001 General Fund Men's Summer Softball MERCED AREA SPORTS OFFICIALS, INC 420.00 Check Total: 2,800.00
28411 07/14/2025 0004 Public Safety Trans & Use Tax Professional Services MERCED COUNTY 34,000.00 Check Total: 34,000.00
28412 07/14/2025 0001 General Fund Professional Services MERCED COUNTY ASSESSOR 75.00 AP-Checks for Approval (7/10/2025 - 4:38 PM) Page 12
Check Number Check Date Fund Account Name Vendor Name Void Amount Check Total: 75.00
28413 07/14/2025 6000 Water Enterprise Fund Professional Services MERCED COUNTY ENVIRONMENTAL HEALTI 118.00 Check Total: 118.00
28414 07/14/2025 1020 Parks and Recreation Fund Osborn Park Renovation MERCED COUNTY TAX COLLECTOR 102.36 Check Total: 102.36
28415 07/14/2025 0001 General Fund Uniform & Clothing Expense METRO UNIFORM MERCED 35.67 Check Total: 35.67
28416 07/14/2025 6020 Sanitation Enterprise Fund Contract Admin Fee MID-VALLEY DISPOSAL LLC -20,254.09 28416 07/14/2025 6020 Sanitation Enterprise Fund AB 939 Support Fee MID-VALLEY DISPOSAL LLC -9,248.14 28416 07/14/2025 6020 Sanitation Enterprise Fund Contract Admin Fee MID-VALLEY DISPOSAL LLC -21,578.99 28416 07/14/2025 6020 Sanitation Enterprise Fund Solid Waste Collectn/Disposal MID-VALLEY DISPOSAL LLC 289,344.15 28416 07/14/2025 6020 Sanitation Enterprise Fund Refuse Service Charge MID-VALLEY DISPOSAL LLC -13,902.48 28416 07/14/2025 6020 Sanitation Enterprise Fund AB 939 Support Fee MID-VALLEY DISPOSAL LLC -8,680.32 Check Total: 215,680.13
28417 07/14/2025 6000 Water Enterprise Fund Accounts Payable BESSIE MITCHELL 140.58 Check Total: 140.58
28418 07/14/2025 6010 Sewer Enterprise Fund Castle Sewer Interceptor MOUNTAIN CASCADE INC 71,014.50 28418 07/14/2025 6010 Sewer Enterprise Fund Project Retention MOUNTAIN CASCADE INC -3,550.73 Check Total: 67,463.77
28419 07/14/2025 0001 General Fund Professional Services MUNISERVICES 757.64 Check Total: 757.64
28420 07/14/2025 6010 Sewer Enterprise Fund Special Departmental Expense NAPA AUTO PARTS 9.60 28420 07/14/2025 6010 Sewer Enterprise Fund Special Departmental Expense NAPA AUTO PARTS 17.55 28420 07/14/2025 7000 Internal Service Fund Small Tools NAPA AUTO PARTS 62.09 28420 07/14/2025 7000 Internal Service Fund Operations & Maintenance NAPA AUTO PARTS 210.57 Check Total: 299.81
28421 07/14/2025 6000 Water Enterprise Fund Accounts Payable DAVID OCHOA 48.74 Check Total: 48.74
AP-Checks for Approval (7/10/2025 - 4:38 PM) Page 13
Check Number Check Date Fund Account Name Vendor Name Void Amount 28422 07/14/2025 0001 General Fund Special Departmental Expense JON O'CONNOR 797.99 28422 07/14/2025 0001 General Fund Special Departmental Expense JON O'CONNOR 3,276.55 Check Total: 4,074.54
28423 07/14/2025 7000 Internal Service Fund Small Tools O'REILLY AUTO PARTS 36.95 28423 07/14/2025 0001 General Fund Special Departmental Expense O'REILLY AUTO PARTS 15.21 28423 07/14/2025 6010 Sewer Enterprise Fund Special Departmental Expense O'REILLY AUTO PARTS 48.90 28423 07/14/2025 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 51.79 28423 07/14/2025 1011 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 38.72 28423 07/14/2025 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 759.47 28423 07/14/2025 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 40.27 28423 07/14/2025 6010 Sewer Enterprise Fund Special Departmental Expense O'REILLY AUTO PARTS 14.77 28423 07/14/2025 6010 Sewer Enterprise Fund Special Departmental Expense O'REILLY AUTO PARTS 16.83 28423 07/14/2025 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 23.90 28423 07/14/2025 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 174.31 28423 07/14/2025 6000 Water Enterprise Fund Special Departmental Expense O'REILLY AUTO PARTS 20.65 28423 07/14/2025 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 7.60 28423 07/14/2025 1011 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 20.65 28423 07/14/2025 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 96.07 28423 07/14/2025 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 75.93 28423 07/14/2025 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 181.21 28423 07/14/2025 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 3.56 28423 07/14/2025 1011 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 13.70 28423 07/14/2025 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 65.24 28423 07/14/2025 1011 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 21.73 28423 07/14/2025 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 17.39 28423 07/14/2025 6010 Sewer Enterprise Fund Special Departmental Expense O'REILLY AUTO PARTS 13.04 28423 07/14/2025 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 70.27 28423 07/14/2025 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS -207.50 28423 07/14/2025 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 181.38 28423 07/14/2025 0001 General Fund Special Departmental Expense O'REILLY AUTO PARTS 23.90 28423 07/14/2025 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 20.10 28423 07/14/2025 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 171.43 28423 07/14/2025 6010 Sewer Enterprise Fund Small Tools O'REILLY AUTO PARTS 31.53 28423 07/14/2025 1011 Gas Tax/Street Improvement Small Tools O'REILLY AUTO PARTS 246.78 28423 07/14/2025 7000 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 151.22 Check Total: 2,447.00
28424 07/14/2025 6010 Sewer Enterprise Fund Professional Services PACE ANALYTICAL SERVICES, LLC 2,610.00 Check Total: 2,610.00
28425 07/14/2025 0004 Public Safety Trans & Use Tax Professional Services PEREGRINE TECHNOLOGIES INC 37,500.00 AP-Checks for Approval (7/10/2025 - 4:38 PM) Page 14
Check Number Check Date Fund Account Name Vendor Name Void Amount Check Total: 37,500.00
28426 07/14/2025 6010 Sewer Enterprise Fund Professional Services PHASE I CONSTRUCTION 16,535.00 Check Total: 16,535.00
28427 07/14/2025 6000 Water Enterprise Fund Water Service Charges PINNACLE PIPELINE INSPECTIONS -28.50 28427 07/14/2025 0001 General Fund Deposits PINNACLE PIPELINE INSPECTIONS 547.00 Check Total: 518.50
28428 07/14/2025 0001 General Fund Planning Deposits PRECISION CIVIL ENGINEERING, INC. 5,143.75 28428 07/14/2025 0001 General Fund Planning Deposits PRECISION CIVIL ENGINEERING, INC. 3,542.50 28428 07/14/2025 6000 Water Enterprise Fund Professional Services PRECISION CIVIL ENGINEERING, INC. 2,782.50 Check Total: 11,468.75
28429 07/14/2025 0001 General Fund Tennis PRESTON'S LOCK & KEY 428.00 Check Total: 428.00
28430 07/14/2025 0004 Public Safety Trans & Use Tax Machinery & Equipment PROFORCE 815.63 Check Total: 815.63
28431 07/14/2025 6010 Sewer Enterprise Fund Canal Creek Utility Crossing PROVOST & PRITCHARD CONSULTING GROU 1,624.83 28431 07/14/2025 6001 Water Fund Capital Replacement Canal Creek Utility Crossing PROVOST & PRITCHARD CONSULTING GROU 1,624.83 28431 07/14/2025 6001 Water Fund Capital Replacement Well #20A Rehab PROVOST & PRITCHARD CONSULTING GROU 173.30 Check Total: 3,422.96
28432 07/14/2025 6010 Sewer Enterprise Fund Castle Sewer Interceptor QUAD KNOPF 3,351.30 Check Total: 3,351.30
28433 07/14/2025 0001 General Fund Rents & Leases QUADIENT, INC. 1,285.43 28433 07/14/2025 0001 General Fund Rents & Leases QUADIENT, INC. 36.00 Check Total: 1,321.43
28434 07/14/2025 1011 Gas Tax/Street Improvement Special Departmental Expense RAYNGUARD PROTECTIVE MATERIALS INC 462.61 Check Total: 462.61
28435 07/14/2025 7000 Internal Service Fund Operations & Maintenance RAZZARI DODGE CHRYSLER JEEP RAM 152.24 Check Total: 152.24
AP-Checks for Approval (7/10/2025 - 4:38 PM) Page 15
Check Number Check Date Fund Account Name Vendor Name Void Amount 28436 07/14/2025 7000 Internal Service Fund Operations & Maintenance RICHS AUTO BODY INC 5,325.02 28436 07/14/2025 7000 Internal Service Fund Professional Services RICHS AUTO BODY INC 3,904.80 Check Total: 9,229.82
28437 07/14/2025 0001 General Fund Inspection Fees RMA GEOSCIENCE INC 861.50 Check Total: 861.50
28438 07/14/2025 6000 Water Enterprise Fund Accounts Payable DELBERT ROKES 33.88 Check Total: 33.88
28439 07/14/2025 6010 Sewer Enterprise Fund Professional Services ROLFE CONSTRUCTION 1,320.00 28439 07/14/2025 6010 Sewer Enterprise Fund Special Departmental Expense ROLFE CONSTRUCTION 2,100.00 Check Total: 3,420.00
28440 07/14/2025 1011 Gas Tax/Street Improvement Special Departmental Expense SAFE-T-LITE 1,394.63 Check Total: 1,394.63
28441 07/14/2025 0004 Public Safety Trans & Use Tax Machinery & Equipment SAN DIEGO POLICE EQUIPMENT CO. ,INC 4,835.03 Check Total: 4,835.03
28442 07/14/2025 6000 Water Enterprise Fund Accounts Payable ISRAEL SANCHEZ 66.96 Check Total: 66.96
28443 07/14/2025 0001 General Fund Community Center Rental MARIANA SARABIA -135.00 28443 07/14/2025 0001 General Fund Community Center Deposits MARIANA SARABIA 350.00 Check Total: 215.00
28444 07/14/2025 1011 Gas Tax/Street Improvement Special Departmental Expense SHERWIN-WILLIAMS CO. 8.37 28444 07/14/2025 1011 Gas Tax/Street Improvement Special Departmental Expense SHERWIN-WILLIAMS CO. 218.45 Check Total: 226.82
28445 07/14/2025 6000 Water Enterprise Fund Accounts Payable RYAN SILVA 36.07 Check Total: 36.07
28446 07/14/2025 6000 Water Enterprise Fund Accounts Payable DEZIRAE SOTO 18.01 Check Total: 18.01
28447 07/14/2025 0001 General Fund Special Departmental Expense STEPPING STONE NURSERY 100.05 AP-Checks for Approval (7/10/2025 - 4:38 PM) Page 16
Check Number Check Date Fund Account Name Vendor Name Void Amount Check Total: 100.05
28448 07/14/2025 0004 Public Safety Trans & Use Tax Machinery & Equipment STRYKER SALES LLC 459.12 Check Total: 459.12
28449 07/14/2025 6010 Sewer Enterprise Fund Small Tools SUNBELT RENTALS INC 99.45 Check Total: 99.45
28450 07/14/2025 6000 Water Enterprise Fund Special Departmental Expense SUPERIOR POOL PRODUCTS LLC 2,310.22 Check Total: 2,310.22
28451 07/14/2025 0001 General Fund Planning Fees TEASDALE QUALITY FOODS INC 4,485.00 Check Total: 4,485.00
28452 07/14/2025 6000 Water Enterprise Fund Utilities TERRAFORM PHOENIX II ARCADIA HOLDING 18,423.16 28452 07/14/2025 . 7000 Internal Service Fund Utilities TERRAFORM PHOENIX II ARCADIA HOLDING 3,191.07 28452 07/14/2025 6000 Water Enterprise Fund Utilities TERRAFORM PHOENIX II ARCADIA HOLDING 5,008.57 Check Total: 26,622.80
28453 07/14/2025 6000 Water Enterprise Fund Professional Services TESCO CONTROLS, INC. 4,696.25 Check Total: 4,696.25
28454 07/14/2025 0001 General Fund Special Departmental Expense THE UPS STORE 100.00 Check Total: 100.00
28455 07/14/2025 0001 General Fund Professional Services TNB TOWING & RECOVERY 200.00 Check Total: 200.00
28456 07/14/2025 6000 Water Enterprise Fund Special Departmental Expense TRANSCOUNTY TITLE CO. 400.00 Check Total: 400.00
28457 07/14/2025 0001 General Fund Professional Services TRANSUNION RISK AND ALTERNATIVE DATA 184.00 Check Total: 184.00
28458 07/14/2025 7000 Internal Service Fund Utilities TRIPP SECURITY SYSTEMS 33.00 Check Total: 33.00
AP-Checks for Approval (7/10/2025 - 4:38 PM) Page 17
Check Number Check Date Fund Account Name Vendor Name Void Amount 28459 07/14/2025 6010 Sewer Enterprise Fund Accounts Payable DR.MOISES TUASON JR. 2.29 28459 07/14/2025 6000 Water Enterprise Fund Accounts Payable DR.MOISES TUASON JR. 2.18 28459 07/14/2025 6020 Sanitation Enterprise Fund Accounts Payable DR.MOISES TUASON JR 1.54 Check Total: 6.01
28460 07/14/2025 1018 SB1-Road Maint & Rehab RIVIRA Pavement Repairs UNITED PAVEMENT MAINTENANCE INC 39,426.66 Check Total: 39,426.66
28461 07/14/2025 7000 Internal Service Fund Operations & Maintenance VAN DE POL 15,376.64 Check Total: 15,376.64
28462 07/14/2025 7010 Employee Benefits Fund Vision Insurance VISION SERVICE PLAN (CA) 1,151.49 28462 07/14/2025 7010 Employee Benefits Fund Vision Insurance VISION SERVICE PLAN (CA) 26.37 Check Total: 1,177.86
28463 07/14/2025 0008 Measure V 20% AlternativeModes Phase 2 Ped Imp Proj Downtown VVH CONSULTING SERVICES 389.74 28463 07/14/2025 0003 General Fund Capital Phase 2 Ped Imp Proj Downtown VVH CONSULTING SERVICES 3,008.20 Check Total: 3,397.94
28464 07/14/2025 0001 General Fund Maint. Buildings & Grounds WARD ENTERPRISES 92.38 28464 07/14/2025 6000 Water Enterprise Fund Special Departmental Expense WARD ENTERPRISES 43.45 28464 07/14/2025 0001 General Fund Maint. Buildings & Grounds WARD ENTERPRISES 70.63 Check Total: 206.46
28465 07/14/2025 7000 Internal Service Fund Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 32.29 28465 07/14/2025 1011 Gas Tax/Street Improvement Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 8.88 28465 07/14/2025 0001 General Fund Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 11.64 28465 07/14/2025 6010 Sewer Enterprise Fund Small Tools WATERFORD IRRIGATION SUPPLY, INC 75.33 28465 07/14/2025 6010 Sewer Enterprise Fund Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 73.46 28465 07/14/2025 1011 Gas Tax/Street Improvement Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 0.99 28465 07/14/2025 6000 Water Enterprise Fund Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 63.12 28465 07/14/2025 1011 Gas Tax/Street Improvement Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 23.69 28465 07/14/2025 6000 Water Enterprise Fund Special Departmental Expense WATERFORD IRRIGATION SUPPLY, INC 113.39 Check Total: 402.79
28466 07/14/2025 7000 Intemal Service Fund Utilities WEST COAST GAS CO. INC. 29.97 Check Total: 29.97
28467 07/14/2025 1010 ARPA-American Rescue Plan Act Professional Services WILLDAN FINANCIAL SERVICES 2,750.00 AP-Checks for Approval (7/10/2025 - 4:38 PM) Page 18
Check Number Check Date Fund Account Name Vendor Name Void Amount Check Total: 2,750.00
28468 07/14/2025 7000 Internal Service Fund Special Departmental Expense WINTON HARDWARE 35.54 28468 07/14/2025 6010 Sewer Enterprise Fund Special Departmental Expense WINTON HARDWARE 16.15 28468 07/14/2025 6010 Sewer Enterprise Fund Special Departmental Expense WINTON HARDWARE 32.73 28468 07/14/2025 6010 Sewer Enterprise Fund Special Departmental Expense WINTON HARDWARE 33.38 28468 07/14/2025 6010 Sewer Enterprise Fund Special Departmental Expense WINTON HARDWARE 86.94 Check Total: 204.74
Report Total: 2,472,825.90
AP-Checks for Approval (7/10/2025 - 4:38 PM) Page 19
CITY COUNCIL
AGENDA REPORT
MEETING
DATE:
July 14, 2025
TO: Mayor and City Council
FROM: Richard McEachin, Police Chief
PREPARED
BY:
Richard McEachin, Police Chief
SUBJECT: Approving a Special Services Agreement with Merced County for Animal Services (Police Chief McEachin)
RECOMMENDED COUNCIL ACTION
Adoption of Resolution No. 3551-25 approves a Special Services agreement, in a form approved by the City Attorney, with the County of Merced, from July 1, 2025, to June 30, 2027, for Animal Services at an annual amount not exceeding $55,719.15, plus fees incurred per animal as outlined in the agreement; and authorizes and directs the City Manager to execute all contract documents on behalf of the City.
I. BACKGROUND/ANALYSIS:
The Merced County Sheriff's Department has provided Animal Control services to the City of Atwater for several years. The current agreement expired in 2024, however an extension was agreed to that carried the contract to June 30, 2025. This proposed agreement would extend the working relationship between the County and the City of Atwater for providing these services.
II. FISCAL IMPACTS:
Annual fee up to $55,719.15, plus fees incurred per animal as outlined in the agreement, which will be paid for out of the General Fund Police Department budget under Professional Services.
This item has been reviewed by the Finance Director.
III. LEGAL REVIEW:
This item has been reviewed by the City Attorney.
IV. EXISTING POLICY:
California State law requires local governments to provide animal control services in their jurisdiction. Additionally, Atwater Police Department policy requires the Atwater Police Department to be responsive to the needs of the community regarding animalCITY COUNCIL Mike Nelson, Mayor
Danny Ambriz Brian Raymond
John Cale Kalisa Rochester
Agenda Report - Approving a Special Services Agreement with Merced County for Animal Services (Police Chief McEachin) Page 2
related issues, including enforcing local, state, and federal laws relating to animals and appropriately resolving or referring animal-related calls.
V. ALTERNATIVES:
N/A
VI. INTERDEPARTMENTAL COORDINATION:
N/A
VII. PUBLIC PARTICIPATION:
The public may provide comments about this item at the City Council meeting.
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:
If approved, the agreement will be signed and returned to the County for approval by the Merced County Board of Supervisors. Once signed by all parties, the agreement will take effect.
Submitted by:
Richard McEachin, Police Chief
Approved by:
Chris Hoem, City Manager
Attachments:
1. 3551-25 Approves Animal Services Agreement with Merced County
2. City of Atwater - Animal Services (2)
CITY COUNCIL
OF THE
CITY OF ATWATER
RESOLUTION NO. XXXX-25
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ATWATER APPROVING A SPECIAL
SERVICES AGREEMENT WITH MERCED
COUNTY FOR CONTINUED PROVISION OF
ANIMAL SERVICES
WHEREAS, he City of Atwater has maintained a long-standing and cooperative partnership with the Merced County Sheriff’s Office for the provision of Animal Control Services; and
WHEREAS, the City of Atwater and the County of Merced mutually desire to continue this collaborative relationship; and
WHEREAS, the continuation of Animal Control Services promotes the health, safety, and welfare of residents and animals within the City; and
WHEREAS, the City Council finds that entering into this agreement is in the best interest of the public and supports effective and efficient service delivery.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atwater, California, as follows:
The City Council hereby approves a Special Services agreement, in a form approved by the City Attorney, with the County of Merced, from July 1, 2025, to June 30, 2027, for Animal Services at an annual amount not exceeding $55,719.15, plus fees incurred per animal as outlined in the agreement; and authorizes and directs the City Manager to execute all contract documents on behalf of the City., attached as “Exhibit A.” The City Clerk shall maintain a copy of the fully executed agreement in the City’s records.
The foregoing resolution is hereby adopted this 14th day of July 2025.
Resolution No. XXXX-25 Page 2
AYES:
NOES:
ABSENT:
APPROVED:
________________________________
MICHAEL G. NELSON, MAYOR
ATTEST:
_________________________________
KORY BILLINGS, CITY CLERK
1 AGREEMENT FOR SPECIAL SERVICES
BETWEEN
CITY OF ATWATER
AND
MERCED COUNTY
CONTRACT NO. __________
THIS AGREEMENT, is made and entered into by and between the County of Merced, a political subdivision of the State of California, (hereinafter referred to as "County"), and City of Atwater, a California municipal corporation (hereinafter referred to as "City").
WHEREAS, City desires to contract with County for special services which consist of stray animal housing and disposal assistance to City’s designated animal control provider; and
WHEREAS, County is specially trained, experienced, and competent to perform such services in connection with existing facilities upon warrant that City has the authority to transfer ownership of the animals to County following the legally required holding period; and
WHEREAS, City is prepared to provide a formal release/intake slip acceptable to the Division of Animal Control of Merced County; and
WHEREAS, the parties agree that all released animals are subject to all applicable California State Laws, Title 7 of the Merced County Code, and to all current policies and procedures of the Merced County Division of Animal Control, including adoption and euthanasia; and
WHEREAS, the parties desire to set forth herein the terms and conditions under which said services shall be furnished.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows:
1. COUNTY RESPONSIBILITIES - SCOPE OF SERVICES
County shall provide housing, handling, securing, transfer and disposition of dogs and cats captured by ordinance or code and delivered by City's designated animal control provider and/or residents of the City of Atwater, as follows:
A. Services will be provided for cats and dogs identified as stray animals with a formal release/intake slip.
B. Animals other than cats or dogs will be accepted at the sole discretion of County and based on County’s ability to provide adequate housing, and or humane confinement. County must approve any such request for service
2 before the animal is delivered, if such request is made during normal business hours. After County's normal business hours, City will be notified of County's inability to provide adequate housing, and or humane confinement of the animal, by the next business day. City will be given a reasonable amount time not to exceed two (2) business days to relocate the animal if required. Additional relocation time may be granted by County on a case-by-case basis. Any animals not relocated will be subject to the terms and conditions outlined in Section 4.H of this Agreement.
C. County reserves the right to refuse service to City, if in its sole opinion County is unable to provide adequate care, housing or humane confinement for any animal brought to County by City.
D. County will provide medical care as it deems necessary, for any animal City brings into the County's facility in need of such care without a record of medical treatment. In the event a City resident brings a stray animal to County requiring medical care, County will make a reasonable effort to contact City prior to providing any medical care. If in the sole opinion of County the condition of the animal is stable and the life or health of the animal is not in immediate danger, City will be contacted and the animal transferred into care of the City designated provider. In the event that qualified medical care is provided by County, a licensed veterinarian designated by County will determine the minimal level of care required. This care may include but not be limited to a physical exam, diagnostic x-ray, pharmaceutical treatment or euthanasia. City will be responsible for all costs associated with medical care, including any required follow-up care, in addition to other charges imposed pursuant to this Agreement.
E. County will not perform euthanasia services for any injured/sick animal brought in by City without a signed formal release slip which indicates the reason for the euthanasia. During normal business hours City must notify County of the need for euthanasia services and shall not leave the animal unless it has been accepted by County. Under no circumstances will any injured or sick animal requiring euthanasia be left in County's facility after hours. Verbal authorization for euthanasia will not be accepted unless in the sole opinion of County the animal is experiencing irremediable suffering as defined in § 17006 of the Food and Agricultural Code. If the animal is not experiencing irremediable suffering, County will not accept any such animal and City will be responsible for its disposition. Under no circumstances will County provide to City any controlled substance or medication unless prescribed or approved by County's contract veterinarian.
F. County will not accept any animal found within the city limits of Atwater directly from a citizen of the City, until County has contacted City and obtained an incident number relating to the animal.
2. CITY’S RESPONSIBILITES
A. Warrant in writing that City has the authority to transfer the ownership of the animals.
3 B. Prepare a formal release/intake slip acceptable to the Merced County Sheriff’s Office Animal Services Bureau for each animal delivered to County including those requiring disposal. For animals that are to be housed by County the formal release/intake slip must provide information to allow for identification of each animal, the date of original custody, the animal's location when placed in custody, and all relevant information concerning custody, special holds, incidents of injury and attack, microchip identification, claims of ownership and medical treatment.
C. Certify that any animal except those that City identifies on the formal release/intake slip as subject to an administrative hearing or court order, may become the property of County after the required holding period and that County may dispose of the animal at its sole discretion.
D. City may request County carry out any action ordered by the Courts or Administrative Hearing process. City must provide County a copy of the written order before the requested service will be performed. The copy must clearly state the requested action and City’s authority to enforce such action. If City elects to carry out the ordered disposition, County will not assist City unless such assistance is requested by City and approved by County. City may cancel any such request at their discretion.
E. Accept responsibility for payment of compensation as set forth herein.
F. City shall ensure any injured or sick animal brought to County has received first aid appropriate to the degree of injury/illness or qualified medical care as required by State Law. City will ensure documentation of such treatment is provided to County at the time of the animal intake. Written documentation containing the required treatment information may be attached to the animal's formal release/intake slip to satisfy these requirements. If qualified Medical Care is provided, City shall provide a copy of the medical record, which contains information regarding diagnosis, treatment, any follow up care or any medications required. Employees or agents of City shall not leave any injured or sick animal at County's facility without first providing qualified medical care as required by §597.1 (C)(l) of the California Penal Code.
G. City shall comply with County's established shelter intake policies and procedures. City will be notified in writing of any changes to this intake policy or procedure. It is the City’s responsibility to notify County of any circumstance that prevents City from following County's intake policy or procedure.
H. City will check each animal brought to County for microchip identification, license, ID tag, tattoo, or other types of animal identification. City is responsible for making a reasonable effort to contact the owner of any such animal and advise them of the animal's location and status. City shall make an annotation of this effort on the formal release/intake form. Animals, which pose a serious threat of personal injury, are exempt from this requirement.
An annotation must be made on the intake/release card to notify County that the check has not been accomplished.
4 I. City shall provide the County with compensation for additional personnel and vehicle to ensure the formal release/intake slip provides the information to allow for identification of each animal, the date of original custody, the animal's location when placed in custody, and all relevant information concerning custody, special holds, incidents of injury and attack, microchip identification, claims of ownership, medical treatment and assist in the return of “Trap Neuter Return” (TNR) cats back to the City of Merced.
J. City is responsible for any found animal within the City limits of Atwater, and turned in the County facility directly from a citizen of the City. This will include owner releases and strays.
K. City is responsible for removing any Special holds placed on Animals by City. Electronic communication of the hold removal is acceptable. Additional fees may be incurred subject to the terms and conditions outlined in Section 4 “COMPENSATION,” of this Agreement.
L. City is responsible for compliance of applicable State Law, Code or regulation regarding the humane transport or treatment of an animal while it is in their care, custody or control.
3. TERM
The term of this Agreement shall commence on the 1st day of July, 2025, and continue until the 30th day of June, 2027, unless sooner terminated in accordance with the sections entitled “TERMINATION FOR CONVENIENCE”, “TERMINATION FOR CAUSE”, or “CONDITION SUBSEQUENT TO NONAPPROPRIATION OF FUNDING”, as set forth elsewhere in this Agreement.
4. COMPENSATION
City agrees to pay County:
A. Eighty-five dollars and no cents ($85.00) per live animal, eight (8) weeks of age or older for the first four (4) days of housing. In the case of rabies quarantine, ten (10) days of housing.
B. Seventy-five dollars and no cents ($75.00) per animal for euthanasia services requested by City.
C. Ten dollars and no cents ($10.00) per litter, where the animals are less than eight (8) weeks of age and housed less than two (2) days.
D. Ten dollars and no cents ($10.00) per deceased animal brought to County for disposal.
E. One thousand one hundred eighty-two dollars and twenty-one cents ($1,182.21) per month for .10 FTE Animal Control Supervisor and an additional three percent (3%) increase each fiscal year for the life of the Agreement.
F. Two thousand five hundred sixteen dollars and seventy-five cents ($2,516.75) per month for one .33 FTE Animal Care Specialist and an
5 additional three percent (3%) increase each fiscal year for the life of the contract.
G. Ten thousand dollars and no cents ($10,000.00) annually for the upkeep and maintenance of a van.
H. County will charge actual cost to City for all services provided for animals requiring special handling, housing or care.
I. City occasionally places a special hold on animals for rabies quarantine, which does not exceed ten (10) days in duration. For animals housed under this type of special hold, County agrees to charge City a standard per animal fee. If the holding period is extended at the request of City, County will charge City the County's established daily board fee, as posted on the County's website per animal for each day beyond the initial ten (10) day period.
J. If City requests an animal be held by County for a purpose other than rabies quarantine, County will charge City the County's applicable daily board fee, as posted on the County's website per animal, held beyond County's minimum holding period of four (4) days. Under the terms of this agreement, City is responsible for notifying County that the hold is no longer necessary. Unless County fault is mutually established, all fees will continue to accrue until such notification is made.
K. County will charge City for all fees associated with any service County provides under the terms of this Agreement which are the responsibility of City. With exception to the fees already set forth in this Agreement, any other fee(s) so charged will be at the established rate for any such service listed on County's current fee schedule as posted on the County's website.
L. If City provides County with proof of ownership and verifiable owner information, County may recover all costs incurred for the housing and care of the animal from the owner. If County is unable to establish proof of ownership or verify the information provided is sufficient to recover costs, City will be billed under the terms of this Agreement.
M. In the event any City animal is ordered returned to the owner at no charge either by City, Court Order or Administrative Hearing, City shall be responsible for all fees incurred by County.
No fee will be assessed for:
A. Animals redeemed or released by their owners after payment of costs.
B. Animals which have been designated as escaped or missing by County which have been housed less than two (2) days.
Written notification of any fee adjustment will be sent to the address indicated under Section 6, "NOTICES" of this Agreement. Any fee adjustments will take effect upon Merced County Board of Supervisors approval.
6 5. TERMS OF PAYMENT
Payment shall be only for full and complete satisfactory performance of the services required to be provided herein and as set forth under Section 1, "SCOPE OF SERVICES." Payment shall be made in the following manner:
County shall submit monthly itemized invoices, or alternate documentation as deemed appropriate in advance by City, for services it has provided and for the amount owed under this Agreement. Invoices shall be forwarded to the City at the City address indicated under Section 7, “NOTICES” of this Agreement.
By invoice or agreed alternate documentation County may:
A. Detail by task the service performed by County.
B. Detail the per animal charges.
C. Show the cumulative cost for all tasks performed to date.
D. Provide timecards and actual payroll expenses related to assigned staff providing service by County.
E. Provide any additional information deemed appropriate by County to notify City of the need for payment.
The fee due hereunder shall be paid to County within thirty (30) days following receipt of the invoice or agreed alternate documentation.
Any and/or all payments made under this Agreement shall be paid by check, payable to the order of the County and be mailed or delivered to County at:
Merced County Sheriff’s Office Animal
Services Bureau
2150 Shuttle Drive
Atwater, CA 95301
County may request that City mail the check to County, to such other address as County may from time to time designate to City. Such request must be made in writing in accordance with the procedures as outlined under Section 6, "NOTICES".
6. NOTICES
All notices, requests, demands or other communications under this Agreement shall be in writing. Notice shall be sufficiently given for all purposes as follows:
7 A. Personal Delivery. When personally delivered to the recipient, notice is effective upon delivery.
B. First Class Mail. When mailed first class to the last address of the recipient known to the party giving notice, notice is effective three mail delivery days after deposit in a United States Postal Service office or mailbox.
C. Certified Mail. When mailed by certified mail, return receipt requested, notice is effective upon receipt, if delivery is confirmed by a return receipt.
D. Overnight Delivery. When delivered by an overnight delivery service, charges prepaid or charged to the sender’s account, notice is effective on delivery, if delivery is confirmed by the delivery service.
Any correctly addressed notice that is refused, unclaimed or undeliverable because of an act or omission of the party to be notified shall be deemed effective as of the first date that the notice was refused, unclaimed or deemed undeliverable by the postal authorities, messengers or overnight delivery service.
Information for notice to the parties to this Agreement at the time of endorsement of this Agreement is as follows:
County of Merced c/o City of Atwater
Animal Services Bureau 750 Bellevue Road
2150 Shuttle Drive Atwater CA. 95301
Atwater CA. 95301 Attn: Chief of Police
Any party may change its address by giving the other party notice of the change in any manner permitted by this Agreement.
7. CONDITION SUBSEQUENT TO NON-APPROPRIATION OF FUNDING The services provided to City pursuant to this Agreement is based on County’s continued receipt of funding for the purpose of this Agreement, as well as the receipt of local, county, state and/or federal funding for this purpose. The parties acknowledge that the nature of government finance is unpredictable, and that the rights and obligations set forth in this Agreement are therefore contingent upon the receipt and/or appropriation of the necessary funds. In the event that funding is terminated, in whole or in part, for any reason, at any time, this Agreement and all obligations of the County arising from this Agreement shall be immediately discharged. County agrees to inform City no later than ten (10) calendar days after the County determines, in its sole judgment, that funding will be terminated and the final date for which services will be available. Under these circumstances, all billing or other claims for compensation or reimbursement by County arising out of performance of this Agreement must be submitted to County prior to the final date for which funding is available. In the alternative, County and City may agree,
8 in such circumstance, to a suspension or modification of either party's rights and obligations under this Agreement. Such a modification, if the parties agree thereto, may permit a restoration of previous contract terms in the event funding is reinstated. Also in the alternative, if funding is provided to the County in the form of promises to pay at a later date, whether referred to as “government warrants”, “IOU’s”, or by any other name, the County may, in its sole discretion, provide similar promises to provide services to the City, which the City hereby agrees to accept until cash funding becomes available.
8. TERMINATION FOR CONVENIENCE
This Agreement, notwithstanding anything to the contrary herein above or hereinafter set forth, may be terminated by County at any time without cause or legal excuse by providing the other party with thirty (30) calendar days written notice of such termination.
9. TERMINATION FOR CAUSE
If City or County materially defaults in the performance of or repeatedly fails to comply with any of its obligations under this Agreement, or otherwise breaches this Agreement (“Default”), City or County may, in addition to any other remedies it may have, provide City or County with written notice of Default specifying the provision(s) or term(s) of this Agreement that relate to the Default and/or lack of compliance. City’s or County’s written notice of Default shall provide fifteen (15) calendar days from the date of proper mailing of such notice allowing for full and satisfactory correction of default or full compliance. Should City or County thereafter fail to proceed with all reasonable diligence to fully cure the Default, City or County may terminate this Agreement for cause by giving five (5) calendar days written notice. In the event of any proceeding by or against the City or County, including, but not limited to, bankruptcy, insolvency, appointment of a receiver or trustee, or an assignment for the benefit of creditors, City or County may exercise at its election its right of termination under this Section.
10. COMPENSATION AND LIABILITY FOR DAMAGES UPON TERMINATION County shall be entitled to receive compensation for any work completed prior to issuance of the notice of termination. Neither party, however, shall be relieved of liability to the other for damages sustained by either party by virtue of any breech of the Agreement, regardless of whether this Agreement was terminated for convenience or for cause.
11. MODIFICATION OF THE AGREEMENT
Notwithstanding any of the provisions of this Agreement, the parties may agree to amend this Agreement. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. No oral
9 understanding or agreement not incorporated herein shall be binding on any of the parties hereto.
12. INSURANCE
Prior to the commencement of work, and as a precondition to this agreement, both parties shall maintain insurance or self-insurance coverage for its wrongful acts, errors and/or omissions arising from the performance of its duties under this agreement with minimum limits of:
Commercial General Liability (CGL) $1,000,000 per occurrence covering products and completed operations, bodily injury, personal injury and property damage; Automobile Liability insurance with limits no less than $1,000,000 per accident for bodily injury and property damage;
Professional Liability (Errors and Omissions): $1,000,000 limit per occurrence covering City’s wrongful acts, errors and omissions;
and Workers Compensation Insurance as required according to the California Labor Code, including Employers' Liability limits of $1,000,000 per accident, during the term of the Agreement.
Each party shall provide the other certificates of insurance upon request. Each party and its officers, employees and agents shall be endorsed to the other’s CGL policy as additional insured, using ISO form CG2026 or an alternate form that is at least as broad as form CG2026, as to any liability arising from the performance of this Agreement.
13. INDEMNIFICATION
The City shall indemnify, defend, and hold harmless the County, its Board of Supervisors, officers, employees, agents and assigns from and against any and all claims and losses, liabilities or damages, demands and actions, including payment of reasonable attorney fees, arising out of or resulting from any action or inaction on the part of City in relation to the performance of this Agreement, whether in tort, contract, or otherwise. This duty shall include, but not be limited to, claims for bodily injury, property damage, personal injury, and contractual damages or otherwise alleged to be caused to any person or entity including, but not limited to employees, agents and officers of City.
The County shall indemnify, defend, and hold harmless the City, its officers, employees, agents and assigns from and against any and all claims and losses, liabilities or damages, demands and actions, including payment of reasonable attorney fees, arising out of or resulting from any action or inaction on the part of County in relation to the performance of this Agreement, whether in tort, contract,
10 or otherwise. This duty shall include, but not be limited to, claims for bodily injury, property damage, personal injury, and contractual damages or otherwise alleged to be caused to any person or entity including, but not limited to employees, agents and officers of County.
Where fault is determined to have been comparative, principles of comparative fault will be followed, and each party shall bear the proportionate cost of any damage attributed to the fault of that party, its officers, directors, agents, employees, volunteers, or subcontractors.
The Parties acknowledge that by entering into this Agreement no party waives or intends to waive any immunities to which they would be entitled in the absence of the Agreement.
Each party shall promptly notify the other party of any claims or legal actions arising out of the performance of this Agreement.
14. INDEPENDENT ENTITIES
It is mutually understood and agreed that each party is an independent entity in the performance of the work duties and obligations devolving upon City under this Agreement. County shall neither have, nor exercise any control or direction over the methods by which City shall perform the assigned work and functions other than as specifically detailed in the Scope of Services of this Agreement. The contractual interest of County is to assure that the services covered by this Agreement shall be performed and rendered in a competent, efficient and satisfactory manner.
It is agreed that no employer-employee relationship is created and each party shall responsible for withholding, reporting and payment of any federal, state or local taxes; any contributions or premiums imposed or required by workers' compensation; any unemployment insurance; any social security income tax; and any other obligations from statutes or codes applying to City, or its subcontractors and employees, if any.
It is mutually agreed and understood that City, its subcontractors and employees, if any, shall have no claim under this Agreement or otherwise against the County for vacation pay, sick leave, retirement or social security benefits, occupational or non-occupational injury, disability or illness, or loss of life or income, by whatever cause.
City shall insure that all its personnel and employees, subcontractors and their employees, and any other individuals used to perform the contracted services are aware and expressly agree that County is not responsible for any benefits, coverage or payment for their efforts.
11 15. RECORDS, INFORMATION AND REPORTS
Each party shall maintain full and accurate records with respect to all matters covered under this Agreement. To the extent permitted by law, County shall have free access at all proper times or until the expiration of four (4) years after the furnishing of services to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all data, documents, proceedings, and activities pertaining to this Agreement.
16. OWNERSHIP OF DOCUMENTS
To the extent permitted by law, all technical data, evaluations, plans, specifications, reports, documents, or other work products developed by City hereunder are the exclusive property of County and upon request of County shall be delivered to County upon completion of the services authorized hereunder. In the event of termination, all finished or unfinished documents and other materials, if any, at the option of County, and to the extent permitted by law, shall become the property of the County. City may retain copies thereof for its files and internal use.
Any publication of information directly derived from work performed or data obtained in connection with services rendered under this Agreement must be first approved by County.
17. QUALITY OF SERVICE
City shall perform its services with care, skill, and diligence, in accordance with the applicable professional standards currently recognized by such profession, and shall be responsible for the professional quality, technical accuracy, completeness, and coordination of all reports, designs, drawings, plans, information, specifications, and/or other items and services furnished under this Agreement.
City shall, without additional compensation, correct or revise any errors or deficiencies immediately upon discovery in its reports, drawings, specifications, designs, and/or other related items or services.
18. PERSONAL SATISFACTION AS A CONDITION PRECEDENT
The obligations of County as provided in this Agreement are expressly conditioned upon City’s compliance with the provisions of this Agreement to the personal satisfaction of the County. County shall determine compliance in good faith as a reasonable person would under the circumstances.
19. ENTIRE AGREEMENT
This Agreement and any additional or supplementary document or documents
12 incorporated herein by specific reference contain all the terms and conditions agreed upon by the parties hereto, and no other contracts, oral or otherwise, regarding the subject matter of this Agreement or any part thereof shall have any validity or bind any of the parties hereto.
20. COUNTY NOT OBLIGATED TO THIRD PARTIES
County shall not be obligated or liable hereunder to any party other than City.
21. LAWS, LICENSES, PERMITS AND REGULATIONS
City and County agree to comply with all State laws and regulations that pertain to construction, health and safety, labor, minimum wage, fair employment practice, equal opportunity, and all other matters applicable to City and County, their subgrantees, Contractors, or subcontractor, and their work.
City shall possess and maintain all necessary licenses, permits, certificates and credentials required by the laws of the United States, the State of California, County of Merced and all other appropriate governmental agencies, including any certification and credentials required by County. Failure to maintain the licenses, permits, certificates, and credentials shall be deemed a breach of this Agreement and constitutes grounds for the termination of this Agreement by County.
22. LIMITED EFFECT OF WAIVER OR PAYMENT
No waiver by either party of any default, breach or condition precedent shall be valid unless made in writing and signed by the parties hereto. No oral waiver of any default, breach or condition precedent shall be binding on any of the parties hereto. Waiver by either party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent, or any other right hereunder.
City will secure at its own expense all personnel required to perform the City’s obligations under this Agreement. All obligations of the City will be performed by City or under its supervision, and all personnel engaged in the work shall be qualified to perform such services.
23. APPLICABLE LAW; VENUE
All parties agree that this Agreement and all documents issued or executed pursuant to this Agreement as well as the rights and obligations of the parties hereunder are subject to and governed by the laws of the State of California in all respects as to interpretation, construction, operation, effect and performance. No interpretation of any provision of this Agreement shall be binding upon County unless agreed in writing by County and counsel for County.
13 Notwithstanding any other provision of this Agreement, any disputes concerning any question of fact or law arising under this Agreement or any litigation or arbitration arising out of this Agreement, shall be tried in Merced County, unless the parties agree otherwise or are otherwise required by law.
24. BREACH OF CONTRACT
Upon breach of this Agreement by either party, either party shall have all remedies available to it both in equity and/or at law.
25. SUCCESSORS IN INTEREST
All the terms, covenants, and conditions of this Agreement shall be binding and in full force and effect upon any successors in interest and assigns of the parties hereto. This paragraph shall not be deemed as a waiver of any of the conditions against assignment set forth herein.
26. CONFLICT OF INTEREST
City covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of this Agreement. City shall ensure that no conflict of interest exists between its officers, employees, or subcontractors, and the County. City shall ensure that no County officer or employee in a position that enables them to influence this Agreement will have any direct or indirect financial interest resulting from this Agreement. City shall ensure that no County employee shall have any relationship to the City or officer or employee of the City, nor that any such person will be employed by City in the performance of this Agreement without immediate divulgence of such fact to the County.
27. NONDISCRIMINATION IN EMPLOYMENT, SERVICES, BENEFITS AND
FACILITIES
City and any subcontractors shall comply with all applicable federal, state, and local Anti-discrimination laws, regulations, and ordinances and shall not unlawfully discriminate, deny family care leave, harass, or allow harassment against any employee, applicant for employment, employee or agent of County, or recipient of services contemplated to be provided or provided under this Agreement, because of race, ancestry, marital status, color, religious creed, political belief, national origin, ethnic group identification, sex, sexual orientation, age (over 40), medical condition (including HIV and AIDS), or physical or mental disability. City shall ensure that the evaluation and treatment of its employees and applicants for employment, the treatment of County employees and agents, and recipients of services are free from such discrimination and harassment.
City represents that it is in compliance with and agrees that it will continue to
14 comply with the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.), the Fair Employment and Housing Act (Government Code §§ 12900 et seq.), and ensure a workplace free of sexual harassment pursuant to Government Code 12950 and regulations and guidelines issued pursuant thereto.
City agrees to compile data, maintain records and submit reports to permit effective enforcement of all applicable antidiscrimination laws and this provision.
City shall include this nondiscrimination provision in all subcontracts related to this Agreement and when applicable give notice of these obligations to labor organizations with which they have Agreements.
28. CAPTIONS
The captions of each paragraph in this Agreement are inserted as a matter of convenience and reference only, and in no way define, limit, or describe the scope or intent of this Agreement or in any way affect it.
29. SEVERABILITY
If a court of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable or invalid, in whole or in part, for any reason, the validity and enforceability of the remaining provisions, or portion of them, will not be affected.
Compensation due to County from the City may, however, be adjusted in proportion to the benefit received despite the removal of the effected provision.
30. DUPLICATE COUNTERPARTS
This Agreement may be executed in duplicate counterparts, each of which shall be deemed a duplicate original. The Agreement shall be deemed executed when it has been signed by both parties.
31. COVID-19 REQUIREMENTS
City, at City’s sole expense, shall follow all State and local laws, rules, regulations, guidelines, and orders related to the COVID-19 pandemic in the performance of its work under this Agreement. This shall include, but not be limited to, creating a COVID-19 worksite-specific prevention plan prior to conducting City’s business/activity. City is encouraged to frequently reference www.covid19.ca.gov for information on State requirements for operation of specified businesses/activities.
Signature page to follow
15 County of Merced City of Atwater
By ____________________ By _________________________
Joshua M Pedrozo Chris Hoem
Chairman, Board of Supervisors City Manager
________________________ ____________________________
Dated Dated
APPROVED AS TO LEGAL FORM
MERCED COUNTY COUNSEL
By ________________________
Jenna Anderson
Chief Civil Litigator
___________________________
Dated
CITY COUNCIL
AGENDA REPORT
MEETING
DATE:
July 14, 2025
TO: Mayor and City Council
FROM: Justin Vinson, Public Works Director
PREPARED
BY:
Justin Vinson, Public Works Director
SUBJECT: Approving a Purchase Agreement with California Turf Equipment & Supply Inc. for the purchase of a 2025 Exmark Lazer Lawn Mower (Public Works Director Vinson)
RECOMMENDED COUNCIL ACTION
Approving a Purchase Agreement (Purchase Order) to California Turf Equipment & Supply Inc. of Tulare, California for the purchase of an Exmark Lazer Lawn Mower, in an amount not to exceed $48,061.92; and authorizes and directs the City Manager or his designee to execute the Agreement (Purchase Order) on behalf of the City.
I. BACKGROUND/ANALYSIS:
The City of Atwater Parks Department is looking at replacing one of its current riding lawn mowers. The mower to be replaced is a 2017 Toro ride on mower. It currently has 2,989 hours and in the past year the department has had multiple issues with this lawn mower and keeping it running and usable.
The mower the Parks Department is looking to replace it with is an Exmark 96" X-Series Lazer with a 38hp Kohler engine. At almost half the weight of the Toro, it's lighter and easier to maneuver around structures and amenities in the parks, causing less damage to irrigation and structures. Exmark will provide a loaner mower in case the mower has an issue, so there is no downtime. Exmark lawn mowers also have excellent customer service and most of the parts are always in stock.
Exmark lawn mowers have 3 grease ports that have to be greased quarterly, compared to their counterpart, Toro, which has 16 grease ports and has to be greased quarterly.
This cuts down maintenance by over 75%. Exmark also has a lever to control mowing height, which is crucial when you are out in the field. The Toro mower has to be adjusted in 6 different areas, which is very time-consuming.
II. FISCAL IMPACTS:
Sufficient funding is available in the Fiscal Year 2025-26 Budget, General Fund, Parks Department, Machinery and Equipment Account No. 0001.6061.6021.
CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Brian Raymond
John Cale Kalisa Rochester
Agenda Report - Approving a Purchase Agreement with California Turf Equipment & Supply Inc. for the purchase of a 2025 Exmark Lazer Lawn Mower (Public Works Director Vinson) Page 2
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 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:
The proposed project involves the operation, maintenance, leasing, licensing, or minor alternation of existing public facilities. This proposed action qualifies under Class 1 Categorical Exemptions Section 15301 of the State CEQA guidelines.
IX. STEPS FOLLOWING APPROVAL:
Upon approval by the City Council, the Purchase Requisition will be sent to the Finance Department and then a Purchase Order will be generated.
Submitted by:
Justin Vinson, Public Works Director
Approved by:
Chris Hoem, City Manager
Attachments:
Agenda Report - Approving a Purchase Agreement with California Turf Equipment & Supply Inc. for the purchase of a 2025 Exmark Lazer Lawn Mower (Public Works Director Vinson) Page 3
1. Bid Summary for Exmark Lazer Lawn Mower
CITY OF ATWATER
PUBLIC WORKS DEPARTMENT
BID SUMMARY
PROFESSIONAL SERVICES
Bid For: 2025 Exmark Lazer Lawn Mower
Account # 0001.6061.6021
No Contractor Bid Total
1 Cal Turf Equipment & Supply $48,061.92
2 Cal-Central Equipment Co. $50,089.16
3 Trinity Equipment Inc. $60,140.70
CITY COUNCIL
AGENDA REPORT
MEETING
DATE:
July 14, 2025
TO: Mayor and City Council
FROM: Justin Vinson, Public Works Director
PREPARED
BY:
Justin Vinson, Public Works Director
SUBJECT: Approving a Purchase Agreement (Purchase Order) with Carbon Supply Inc. for Granulated Activated Carbon Exchange at Well 18 (Public Works Director Vinson)
RECOMMENDED COUNCIL ACTION
Approves a Purchase Agreement (Purchase Order) to Carbon Supply Inc. of Bell Gardens, California for Granulated Activated Carbon Exchange (GAC) at Well 18, for an amount not to exceed $127,650.00; and authorizes and directs the City Manager or his designee to execute the Agreement (Purchase Order) on behalf of the City.
I. BACKGROUND/ANALYSIS:
In 2021, Well 18 was put online and started treating 1,2,3- Tricholorpropane (TCP). TCP is treated by granulated activated carbon (GAC) vessels installed at the treatment site that remove the TCP from the water before it is delivered to the residents. There are 6 GAC vessels located at the Well 18 Site. The vessels are configured as 3 sets of leadlag vessels. The water flows through the lead vessel first, and then flows through the lag vessel afterward. This allows for the continued treatment of TCP after the life of carbon in the lead vessel is no longer removing TCP from water.
Per the City's State-Approved TCP Operations Plan, to maximize the life of the carbon, the city may decide to replace the carbon in the lead vessel of a series pair once the carbon in the lead vessel is no longer removing TCP from the water. The City can track this by sampling the water as it passes through the vessels.
Three vessels are no longer removing TCP from the water and are in need of carbon changeouts. The scope of work consists of removing spent media from the vessel, placement of spent media in either bulk bags or a disposal container, inspection of the vessel's interior performed by viewing from the outside manway opening, and rebidding with replacement media.
Two (2) bids were received and were totaled and reviewed for their responsiveness.
The Bid Summary (attached) shows the lowest bid coming in at $127,650.00. Staff
CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Brian Raymond
John Cale Kalisa Rochester
Agenda Report - Approving a Purchase Agreement (Purchase Order) with Carbon Supply Inc. for Granulated Activated Carbon Exchange at Well 18 (Public Works Director Vinson) Page 2
reviewed the bid submitted by Carbon Supply Inc. of Bell Gardens, California and have determined it is a responsive and acceptable bid.
II. FISCAL IMPACTS:
Sufficient funding is available in the Fiscal Year 2025-26 Budget, 1,2,3-TCP Fund, Professional Services Account No. 6007.7010.3030. Per the City of Atwater Purchasing System Manual, the informal bidding process is allowed for a Public Works Project valued at $200,000 or less.
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 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:
The proposed project involves the operation, maintenance, leasing, licensing, or minor alternation of existing public facilities. This proposed action qualifies under Class 1 Categorical Exemptions Section 15301 of the State CEQA guidelines.
IX. STEPS FOLLOWING APPROVAL:
Upon approval by the City Council, the Purchase Requisition will be sent to the Finance Department and then a Purchase Order will be generated.
Submitted by:
Justin Vinson, Public Works Director
Approved by:
Agenda Report - Approving a Purchase Agreement (Purchase Order) with Carbon Supply Inc. for Granulated Activated Carbon Exchange at Well 18 (Public Works Director Vinson) Page 3
Chris Hoem, City Manager
Attachments:
1. Bid Summary GAC Exchange 7-14-25
CITY OF ATWATER
PUBLIC WORKS DEPARTMENT
BID SUMMARY
PROFESSIONAL SERVICES
Bid For: Three Vessel Carbon Changeout for Well #18
Account # 6000-7010-6021 & 6010-5051-6021
No Contractor Bid Total
1 Carbon Supply Inc. $127,650.00
2 Aqueous Vets $147,251.12
3 Calgon Caron No Bid
Received
CITY COUNCIL
AGENDA REPORT
MEETING
DATE:
July 14, 2025
TO: Mayor and City Council
FROM: Anna Nicholas, Finance Director, Josh Randol, CAL FIRE-Battalion Chief
PREPARED
BY:
Anna Nicholas, Finance Director
SUBJECT: Approving Budget Amendment Amending Fiscal Year 2025-26 Budget Regarding the Purchase of Genesis 14C SL3 Combination Tool (CAL Fire Battalion Chief Randol)
RECOMMENDED COUNCIL ACTION
Adoption of Resolution No. 3552-25 approving Budget Amendment No. 1, which amends the Fiscal Year 2025-26 budget by increasing the appropriation of general ledger account number 0004-2030-6021 in the amount of $16,673.
I. BACKGROUND/ANALYSIS:
During Fiscal Year (FY) 2024-25, the Fire Department planned and budgeted for a purchase of a Genesis 14C SL3 Combination Tool. In February 2025, a purchase order was established and funds were encumbered for the procurement of this item. Through communication with the vendor, it became known this order was going to be delayed in fulfillment due to higher than normal demand for the product. The product will be received in FY 2025-26; therefore, requiring a FY 2025-26 budget amendment to account 0004-2030-6021.
The company has provided a Pro Forma invoice (quote) with a reduction in price from $17,816.71 to $16,672.40. This purchase is for necessary equipment used in emergency response operations; was already approved for purchase in the FY 2024-25 budget; and only requires a budget amendment for the new fiscal year budget in order to pay for the product once received.
II. FISCAL IMPACTS:
Increase in appropriation for general ledger account number 0004-2030-6021 (Public Safety Transactions & Use Tax, Machinery & Equipment), from $30,000 to $46,673, an increase of $16,673.
III. LEGAL REVIEW:
This item has been reviewed by the City Attorney.
CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Brian Raymond
John Cale Kalisa Rochester
Agenda Report - Approving Budget Amendment Amending Fiscal Year 2025-26 Budget Regarding the Purchase of Genesis 14C SL3 Combination Tool (CAL Fire Battalion Chief Randol) Page 2
IV. EXISTING POLICY:
Existing policy requires this budget amendment to be approved by the City Council.
V. ALTERNATIVES:
N/A
VI. INTERDEPARTMENTAL COORDINATION:
Interdepartmental coordination will include the following steps: approved budget amendment recorded by City Clerk's Office; budget amendment recorded in the financial system; department secures encumbrance with purchase order; once product received, invoice paid accordingly.
VII. PUBLIC PARTICIPATION:
The public may provide comments about this item at the City Council meeting.
VIII. ENVIRONMENTAL REVIEW:
This item is not subject to Environmental Review.
IX. STEPS FOLLOWING APPROVAL:
Steps Following Approval include: approved budget amendment recorded by City Clerk's Office; budget amendment recorded in the financial system; department secures encumbrance with purchase order; once product received, invoice paid accordingly.
Submitted by: /s/ Josh Randol, CAL FIRE Battalion Chief Approved by:
Chris Hoem, City Manager
Attachments:
1. 3552-25 Budget Amendment CC 07142025
2. MES Pro Forma Invoice
CITY COUNCIL
OF THE
CITY OF ATWATER
RESOLUTION NO. 3XXX-25
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ATWATER APPROVING BUDGET
AMENDMENT NO. X AMENDING 2025-2026
FISCAL YEAR BUDGET REGARDING
WHEREAS, the City Council of the City of Atwater adopted Resolution No. 3538-25 adopting the 2025-2026 Fiscal Year Budget on June 9, 2025; 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 2025-2026 Fiscal Year Budget as follows:
SECTION 1: Increase in appropriation for general ledger account number 0004-2030- 6021 (Public Safety Transactions & Use Tax, Machinery & Equipment), from $30,000 to $46,673, an increase of $16,673.
Increase Budget
(Expense)
0004-2030-6021 Machinery &
Equipment
$16,673
.
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 14th day of July 2025.
AYES:
Resolution No. 3XXX-25 Page 2
NOES:
ABSENT:
APPROVED:
________________________________
MICHAEL G. NELSON, MAYOR
ATTEST:
_________________________________
KORY J. BILLINGS, CITY CLERK
(877) 637-3473
Bill To
Accounts Payable
ATWATER CITY FD/ CAL FIRE (CA)
750 Bellevue Road
Atwater CA 95301-2856
United States
Pro Forma Invoice
Order#
Date
Terms
PO#
Sales Rep
Shipping Method
Customer
Customer#
SO2080461
03/06/2025
Net 30
Email to order reference PO15512
Lucero, Marc
FedEx Ground
ATWATER CITY FD/ CAL FIRE (CA)
C48375
Ship To
Bobby A
ATWATER CITY FD/ CAL FIRE
2006 Ave Two
Atwater CA 95301
GENESIS ART109.664.7
. ART 105.375.5
ART109.664.7
. Custom GENESIS
GENESIS 14C SL3 COMBINATION TOOL
Milwaukee 5 AMP Battery
Attn: Armando Aguilar
GENESIS 14C SL3 28V COMBINATION TOOL. This order will be placed reference PO15512
$14,868.00
$350.00 ·
Subtotal
Shipping Cost
Tax Total
$14,86800
$350.00
$15,218.00
$275.00
$1,179.40
Total $16,672.40
All returns must be processed within 30 days of receipt and require a return authorization number and are subject to a restocking fee.
Custom orders are not returnable. Effective tax rate will be applicable at the time of invoice.
Wire/ ACH:
Routing#: 121000248
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CITY COUNCIL
AGENDA REPORT
MEETING
DATE:
July 14, 2025
TO: Mayor and City Council
FROM: Anna Nicholas, Finance Director
PREPARED
BY:
Anna Nicholas, Finance Director
SUBJECT: Approving Budget Amendment Amending Fiscal Year 2025-26 Budget to Establish a New Fund for an Approved Capital
Improvement Project (Finance Director Nicholas)
RECOMMENDED COUNCIL ACTION
Adoption of Resolution No. 3553-25 approving Budget Amendment No. 2 amending Fiscal Year 2025-26 to establish Fund 1014 for the Carbon Reduction Program Fund, Capital Improvement Project, as previously approved in the FY 2025-26 Capital Improvement Program, and authorizing the City Manager or their designee to implement the budget entry and establish the fund.
I. BACKGROUND/ANALYSIS:
As part of the adopted Fiscal Year 2025-26 Capital Improvement Program (CIP), the Phase 2 Pedestrian Improvement Project Downtown, Carbon Reduction Program Fund was approved with a notation that a new fund would be created to manage the project’s financial activity. While the project and funding were included in the CIP and approved by resolution, the corresponding fund was not yet created at the time of budget publication. As a result, the fund was not listed in the final budget document and was not imported into the City’s ERP system during the original budget process.
This budget amendment formally establishes the fund, authorizes the corresponding budget amount to be manually entered, and ensures proper alignment between the approved CIP and the City’s financial records. No new appropriations or budget transfers are being made; this action is administrative in nature and aligns with previously approved budgetary actions.
II. FISCAL IMPACTS:
Approval of Budget Amendment No. 2
III. LEGAL REVIEW:
This item has been reviewed by the City Attorney’s office.
CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Brian Raymond
John Cale Kalisa Rochester
Agenda Report - Approving Budget Amendment Amending Fiscal Year 2025-26 Budget to Establish a New Fund for an Approved Capital Improvement Project (Finance Director Nicholas) Page 2
IV. EXISTING POLICY:
This item consists of 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 the neccesary departments.
VII. PUBLIC PARTICIPATION:
The public will have an opportunity to provide comments on this item prior to the City Council action.
VIII. ENVIRONMENTAL REVIEW:
The adoption of the proposed budget amendment would not be considered a "project" under the California Environment Quality Act (CEQA) as it would not cause 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:
This staff report is submitted for City Council consideration and approval to adopt the budget amendment for the Fiscal Year 2025-2026 Budget.
Submitted by:
Anna Nicholas, Finance Director
Approved by:
Chris Hoem, City Manager
Attachments:
1. Budget Amendment - CIP
CITY COUNCIL
OF THE
CITY OF ATWATER
RESOLUTION NO. 3XXX-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATWATER APPROVING BUDGET AMENDMENT NO. XX
AMENDING 2025-2026 FISCAL YEAR BUDGET TO
ESTABLISH A NEW FUND FOR AN APPROVED CAPITAL
IMPROVEMENT PROJECT
WHEREAS, the City Council of the City of Atwater adopted Resolution No. 3538-25 adopting the 2025-2026 Fiscal Year Budget on June 9, 2025; 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. XX to the 2025-2026 Fiscal Year Budget as follows:
SECTION 1: Budget Amendment Action
Increase Budget
(Expense)
1014-1080-U005 Phase 2 Ped Imp Proj.
Downtown
$1,267,749
Increase Budget
(Revenue)
1014-0000-3197 Phase 2 Ped Imp Proj.
Downtown
$1,267,749
.
BE IT FURTHER RESOLVED, that the City Manager, or their designee, is authorized to implement this action and to establish the new fund in the City’s financial system and enter the approved budget amount; and 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.
Resolution No. 3XXX-25 Page 2
The foregoing resolution is hereby adopted this XXth day of Month 202X.
AYES:
NOES:
ABSENT:
APPROVED:
________________________________
MICHAEL G. NELSON, MAYOR
ATTEST:
_________________________________
KORY J. BILLINGS, CITY CLERK
CITY COUNCIL
AGENDA REPORT
MEETING
DATE:
July 14, 2025
TO: Mayor and City Council
FROM: Christopher Hoem, City Manager
PREPARED
BY:
Janell Martin, Assistant City Clerk/Records Coordinator SUBJECT: Adoption of an Ordinance approving a Zoning Ordinance Text Amendment, amending Chapter 17.63 “Parking Requirements” of the Atwater Municipal Code (City Manager Hoem)
RECOMMENDED COUNCIL ACTION
Adoption of Ordinance No. CS 1071 approving a Zoning Ordinance Text Amendment, amending Chapter 17.63 “Parking Requirements” of the Atwater Municipal Code.
I. BACKGROUND/ANALYSIS:
City Council waived the first reading and introduced the Ordinance at their Regular meeting of June 23, 2025.
1. BACKGROUND:
The regulations for parking requirements were first adopted in 1979 and only partially revised in 1985 and 2023. While other nearby cities have modernized their corresponding regulations, the City of Atwater is in need of an update in this matter.
The City of Merced has a modern and comprehensive parking ordinance, which has been reviewed by staff and is used as the foundation of the proposed amendment.
2. ANALYSIS:
The proposed code reflects current best practices in urban planning and land use regulation. It moves away from a one-size-fits-all parking mandate and instead provides a toolkit that allows parking requirements to be tailored to context, such as location and land use. This flexibility enables the City to promote walkability, mixed-use development, and more efficient land use.
CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Brian Raymond
John Cale Kalisa Rochester
Agenda Report - Adoption of an Ordinance approving a Zoning Ordinance Text Amendment, amending Chapter 17.63 “Parking Requirements” of the Atwater Municipal Code (City Manager Hoem) Page 2
Peer jurisdictions throughout the region are updating their parking requirements in response to changing mobility patterns and state housing mandates. By adopting this updated ordinance, the City positions itself as a forward-thinking community, competitive for investment and grant funding, and aligned with statewide objectives around housing and transportation.
EXHIBITS:
Exhibit A - Current Parking Ordinance
Exhibit B - Redline version showing changes from City of Merced's Parking Ordinance and adapting it for the City of Atwater
Exhibit C - Proposed Parking Ordinance (clean version)
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’s Office.
IV. EXISTING POLICY:
The ordinance will amend Chapter 17.63, “Parking Requirements,”.
The draft ordinance does not conflict with any policies of the General Plan or other City policies or guidelines.
V. ALTERNATIVES:
N/A
VI. INTERDEPARTMENTAL COORDINATION:
This item has been coordinated with all the necessary departments.
VII. PUBLIC PARTICIPATION:
The public hearing was noticed and advertised for the regularly scheduled City Council hearing. The public can 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). This exemption states that the activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Therefore, the activity is not subject to CEQA.
Agenda Report - Adoption of an Ordinance approving a Zoning Ordinance Text Amendment, amending Chapter 17.63 “Parking Requirements” of the Atwater Municipal Code (City Manager Hoem) Page 3
IX. STEPS FOLLOWING APPROVAL:
Submitted and Approved by:
Chris Hoem, City Manager
Attachments:
1. CS 1071
2. Exhibit A (6)
3. Exhibit B (2)
4. Exhibit C (2)
CITY COUNCIL
OF THE
CITY OF ATWATER
ORDINANCE NO. CS 1071
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ATWATER ADOPTING ZONING
ORDINANCE TEXT AMENDMENT NO. 25-08-0100
AMENDING CHAPTER 17.63: “PARKING
REQUIREMENTS” OF THE ATWATER
MUNICIPAL CODE TO MODERNIZE THE
PARKING ORDINANCE
WHEREAS, the City of Atwater wishes to enact programs, policies, and regulations in support of housing and commercial development; and,
WHEREAS, the City of Atwater wishes to modernize its parking ordinance; and, WHEREAS, Chapter 17.63 “Parking Requirements” of the City of Atwater Municipal Code was initially adopted in 1979 and only partially revised in 1985 and 2023; and, WHEREAS, on May 21, 2025, 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, 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 common 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, 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. 25-08-0100:
1. The proposed ordinance is consistent with the Atwater General Plan.
Ordinance No. CS 1071 Page 2
2. Adoption of the ordinance is exempt from CEQA review under CEQA guideline section 15061(b)(3).
3. The public hearing for this project has been adequately noticed and advertised.
4. 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 common 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 17.63: “Parking Requirements,” 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.
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.
Ordinance No. CS 1071 Page 3
INTRODUCED: June 23, 2025
ADOPTED:
AYES:
NOES:
ABSENT:
APPROVED:
__________________________________
MICHAEL G. NELSON, MAYOR
ATTEST:
______________________________
KORY J. BILLINGS, CITY CLERK
Exhibit A
Title 17 - ZONING
CHAPTER 17.63 PARKING REQUIREMENTS
Atwater, California, Code of Ordinances Created: 2024-07-10 14:49:30 [EST] (Supp. No. 10)
CHAPTER 17.63 PARKING REQUIREMENTS
17.63.010 Definitions.
A. "Employee" means any person employed on the premises after working part or full time and for the purposes of this chapter shall reflect those individuals anticipated to be employed in the conduct of the business.
B. "Floor area" for the purposes of this chapter means the net floor area. In the case of offices, merchandising or service types of uses, it shall not include areas principally for nonpublic purposes such as incidental repair, processing or packaging of merchandise, for show windows, for toilets or restrooms, for utilities, for dressing rooms, fitting rooms or alteration rooms.
C. "Seating facilities." In places of public assembly in which spectators or patrons occupy benches, pews or other similar seating facilities, each 24 inches of such seating facilities shall be counted as one seat for the purposes of determining off-street parking facilities.
D. "Vehicles" for the purposes of this chapter include any auto, truck, bus, van or other similarly described conveyance.
(Prior Code § 10-3.1809; Ord. CS 407, § 1, 1979)
17.63.020 General requirements.
Off-street parking requirements in all districts and for all uses shall be stated in this chapter and shall be provided for every building or portion of building hereafter erected. To accommodate the vehicles used by the occupants, visitors, customers, clientele and employees of such buildings, all off-street parking facilities shall be permanently available and shall be permanently maintained for off-street parking purposes in accordance with the standards as adopted by the Planning Commission and City Council.
(Prior Code § 10-3.1801; Ord. CS 407, § 1, 1979)
17.63.030 Residential uses.
Parking requirements for residential uses shall be as follows:
A. Single-family residential dwellings: two spaces per unit not located in any required front or side yard except on lots with less than 60-foot frontage which are not located on culs-de-sac.
Created: 2024-07-10 14:49:30 [EST]
(Supp. No. 10)
B. Multifamily residential: two spaces per unit not located in any required front or side yard setback. In complexes of five or more units the required off street parking may be reduced to one and one-half spaces per unit provided that one-half space per unit is designated and made available for guest parking.
C. Senior citizen housing and studio apartments: two spaces per unit not located in any front or side yard, but 0.5 spaces (twenty-five percent) of them may be landscaped at the discretion of the Planning Commission until the need arises for additional parking.
D. Single family dwelling which are financed under Farmers Home Administration: one off street parking space per unit not located in any required front or side yard setback.
E. Access drives to required off street parking spaces for multifamily uses may be permitted to encroach into required side yard setbacks, provided an area equal to the amount of paving that encroaches is provided as additional on site landscaping. (Prior Code § 10-3.1802; Ord. CS 407, § 1, 1979; Ord. CS 598, 1985)
17.63.040 Commercial uses.
Parking requirements for commercial uses shall be as follows:
A. Retail stores, personal services, professional and business offices, banks and post offices: one space for each 250 square feet of floor area; except, uses not generating much traffic, e.g., furniture stores, may convert part of the required parking into landscaping at the discretion of the Planning Commission; this landscaped area is to be converted to parking if the need arises, or the land use changes.
B. Restaurants: For cafes, restaurants and other businesses in the sale and consumption of food or beverages, one space for each three seats or one space per 35 square feet of floor area, whichever is greater.
C. Hotels and motels: One space per room, and one space for each employee.
D. Mortuary and funeral homes: One space for each five permanent seats, or one space per 35 square feet of floor area where moveable seats can be placed.
E. For parking requirements for the Downtown Business District (D-BD) refer to Section
17.43.060 of this Title 17.
(Prior Code § 10-3.1803; Ord. CS 407, § 1, 1979; Ord. CS 1065, § 1(Exh. A), 8-14-2023)
17.63.050 Industrial uses.
A. Warehouse and Storage: One space per 800 square feet of floor area or one space per employee for the largest shift and one space for each vehicle used in the conduct of the business, which ever is greater.
Created: 2024-07-10 14:49:30 [EST]
(Supp. No. 10)
B. Light Manufacturing: One space per 400 square feet of floor area or one space per employee for the largest shift and one space for each vehicle used in the conduct of the business, whichever is greater.
C. Heavy manufacturing: One space per 250 square feet of floor area or one space per employee for the largest shift and one space for each vehicle used in the conduct of the business, whichever is greater.
D. Industrial uses containing commercial activities as a part of the business shall provide additional off street parking as specified in Section 17.63.040. (Prior Code § 10-3.1804; Ord. CS 407, § 1, 1979; Ord. CS 598, 1985)
17.63.060 Health related uses.
Parking requirements for health related uses shall be as follows:
A. Medical Offices and Clinics: for medical, dental, and optometrists offices, one space per 100 square feet of floor area and one per doctor.
B. Hospitals: One space per three patient beds plus one space per employee, including nurses and staff doctors, on the largest shift.
C. Rest Homes: for convalescent and nursing homes and similar uses, one space per each 250 square feet of floor area; Planning Commission may approve landscaping for part of the parking if it is not needed.
(Prior Code § 10-3.1805; Ord. CS 407, § 1, 1979)
17.63.070 Public assembly uses.
Parking requirements for assembly uses shall be as follows:
A. Auditoriums: for auditoriums, sports arenas, stadiums, and theaters, one space for each four seats or one space per square feet of floor area where moveable seats can be placed.
B. Bowling alleys: four spaces for each alley.
C. Dance hall: one space per 35 square feet of floor area.
D. Churches: one space for each four seats.
E. Clubs and lodges: one space per 50 square feet of floor area for clubs and lodges with no sleeping facilities.
17.63.080 Educational uses.
Parking requirements for educational uses shall be as follows:
Created: 2024-07-10 14:49:30 [EST]
(Supp. No. 10)
A. Libraries and museums: one space per 500 square feet of floor area.
B. Elementary and junior high school: one and one-half spaces per classroom plus one space for each two employees, including faculty.
C. High school: one space for each five students plus one space for each two employees, including faculty.
(Prior Code § 10-3.1807; Ord. CS 407, § 1, 1979)
17.63.090 Reserved.
Ord. CS 1065, § 1(Exh. A), adopted August 14, 2023, repealed § 17.63.090, which pertained to uses not specified and mixed uses and derived from prior Code § 10-3.1808; Ord. CS 407, § 1, 1979; Ord. CS 1059, § 1, adopted March 27, 2023. The user's attention is directed to §
17.43.060.
17.63.100 Compact spaces.
Where off street parking is required according to this chapter up to one-quarter of the required spaces may be compact car spaces.
(Ord. CS 598, 1985)
17.63.110 Parking areas.
Where off street parking is required according to this chapter all parking areas shall be graded, surfaced and drained in accordance with City standards; and where applicable parking stalls, lanes and directional guides shall be marked in accordance with City standards. (Ord. CS 598, 1985)
Exhibit B
Title 2017 - ZONING
PART 3 - GENERAL REGULATIONS
Chapter 20.38 PARKING AND LOADINGCHAPTER 17.63 PARKING REQUIREMENTS MercedAtwater, California, Code of Ordinances Created: 2024-11-15 13:49:41 [EST] (Supp. No. 81, 10-24)
Chapter 20.38 PARKING AND LOADINGCHAPTER 17.63 PARKING REQUIREMENTS
20.3817.63.010 Purpose.
This chapter establishes off-street parking requirements in order to:
A. Provide a sufficient number of off-street parking spaces for all land uses; B. Provide for functional off-street parking areas that are safe for vehicles and pedestrians; C. Ensure that parking areas are well-designed and contribute to high-quality design environment within MercedAtwater;
D. Allow for flexibility in off-street parking requirements to support a multi-modal transportation system and sustainable development pattern; and, E. Ensure that off-street parking areas do not adversely impact land uses on neighboring properties.
(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)
20.3817.63.020 Applicability.
A. New Structures and Uses. All new structures and uses shall comply with the standards in this chapter, including the amount of required off-street parking as specified in Table
20.3817.63-1 (Off-Street Parking Requirements).
B. Changes in Existing Structures and Uses.
1. Additional parking shall be required for a change in use or any modification to an existing structure that results in an increase in the unit of measurement used to determine the amount of required off-street parking as specified in Table 20.3817.63- 1 (Off-Street Parking Requirements).
2. Additional off-street parking shall be required only to accommodate the incremental change or expansion of the structure or use. Additional parking shall not be required to remedy parking deficiencies existing prior to the change to an existing structure or use.
3. Additional parking for nonresidential uses is not required if the parking needed to accommodate the change is either:
a. Two (2) or fewer parking spaces; or,
Created: 2024-11-15 13:49:41 [EST]
(Supp. No. 81, 10-24)
b. Ten (10) percent or less of the total required off-street parking spaces for the use.
Table 20.3817.63 -1 Off-Street Parking Requirements
Land Uses Number of Required Parking Spaces
RESIDENTIAL LAND USES
Caretaker's Home 1 per unit
Duplexes 1 per unit unless the exceptions in MMC
20.08.020(2) are metan exception is met in
Note 1, below.
Group Homes and Facilities 1 per unit plus 1 per 300 sq. ft. of office and other nonresidential areas
Group Housing 1 per unit
Live/Work Units 1.75 per unit
Mobile Home Parks 1 per unit and 1 per office or employee Multiple Family Dwellings/Condominiums 1.75 spaces per unit of 2 bedrooms or less up to 30 units and 1.5 spaces per unit
thereafter, plus 0.5 spaces per additional
bedroom over 2 in each unit and 1.0 spaces
per additional full or partial bathroom over 3
in each unit
Residential Care Facilities, Small 1 per unit
Residential Care Facilities, Large (Includes
Convalescent/Nursing Homes)
1 per 4 beds; plus 1 per 300 sq. ft. of office or
1 per employee, whichever is greater
Accessory Dwelling Units One or more bedrooms: 1 per unit, unless an exception in AMC 17.28.010 F.7. is
met.exceptions in MMC 20.42.030(H) are
met.
Single Family Dwellings 1 2 per unit, however, if the lot is not located on a cul-de-sac and has less than 60-feet of
frontage, then only 1 space is required
Single-Room Occupancy 1 per unit
Transitional/Supportive Housing 1 per 4 beds plus 1 per 300 sq. ft. of office and other nonresidential areas
PUBLIC AND QUASI-PUBLIC LAND USES
Cemeteries, Mausoleums, Funeral Parlors,
and Mortuaries
1 per 5 fixed seats, or 1 per 35 sq. ft. of
largest assembly area without fixed seats
Colleges and Trade Schools 1 per 100 sq. ft. of classroom area or 1 per employee, whichever is greater
Community Assembly 1 per 3.5 fixed seats, or 1 per 60 sq. ft. of Cultural Institutions assembly area for uses without fixed seats Formatted: Font: 12 pt
Created: 2024-11-15 13:49:41 [EST]
(Supp. No. 81, 10-24)
Day Care Centers 1 per 400 sq. ft. of floor area used for daycare and 1 per employee
Day Care Home Facilities, Small (1-8 children) 1 per unit Day Care Home Facilities, Large (9-14
children)
1 per unit plus 1 per employee
Drug Rehabilitation Center 1 per 6 beds plus 1 per 300 sq. ft. of office or other nonresidential floor area
Emergency Shelters 1 per 10 beds plus 1 per 300 sq. ft. of office or other nonresidential floor area
Government Offices 1 per 300 sq. ft. of floor area
Hospitals 1 per bed up to 100 beds; 1 per 2 beds for up to next 100 beds; 1 per 4 beds thereafter
Medical Offices and Clinics 1 per 200 sq. ft. of floor area Public Safety Facilities 1 per 1,000 sq. ft. and 2 additional parking spaces for station vehicles
Schools, Public or Private 2 per classroom or 1 per employee, whichever is greater
Social Assistance Services 1 space per 300 square feet of floor area
COMMERCIAL LAND USES
Adult Entertainment Businesses 1 per 300 sq. ft. of floor area Alcoholic Beverage Sales, Retail 1 per 250 sq. ft. of floor area Animal Sales and Services 1 per 300 sq. ft. of floor area Banks, Retail 1 per 250 sq. ft. of floor area or 1 per
employee, whichever is greater
Bars and Nightclubs 1 per 100 sq. ft. of floor area or 1 per 50 sq. ft. of floor area used for dancing or 1 per 2.5
seats, whichever is greater
Bed and Breakfast 1 per bedroom plus 2 for owner plus 1 for each employee on largest shift
Building Supplies and Home Improvement
Stores
1 per 400 sq. ft. of floor area
Business Support Services 1 per 500 sq. ft. of floor area Card rooms/Gaming Establishments 1 per 2.5 seats
Check Cashing Establishments 1 per 250 sq. ft. of floor area Drive-Through and Drive-Up Sales 1 per 350 sq. ft. of floor area Equipment Sales and Rental 1 per 400 sq. ft. of floor area plus 1 per vehicle for sale or rent
Flea Market 1 per 300 sq. ft. of display/sales area or 1 per booth, whichever is greater
Food and Beverage Sales 1 per 250 sq. ft. of floor area
Created: 2024-11-15 13:49:41 [EST]
(Supp. No. 81, 10-24)
Furniture and Appliance Stores 1 per 600 sq. ft. of floor area plus 1 per vehicle used in the conduct of business
Gas and Service Stations 3 spaces plus 1 per 250 sq. ft. of retail sales area
Hotels and Motels 1 per sleeping unit or suite up to 100 units, 1 per each 2 units for each unit thereafter
Mobile Home Sales 1 per 400 sq. ft. of floor area, but in no case less than 6 spaces, plus 1 for each mobile
home for sale
Mobile Vending 2 per motorized coach, none required for pushcarts
Office, Professional 1 per 250 sq. ft. of floor area
Pawn Shops 1 per 300 sq. ft. of floor area
Personal Services 1 per 250 sq. ft. of floor area or 1 per employee, whichever is greater
Restaurant, Full Service 1 per 100 sq. ft. of floor seating area or 1 for Restaurant, Limited Service each 2.5 seats, whichever is greater Retail, General 1 per 300 sq. ft. of floor area
Vehicle Sales and Rental 1 per 400 sq. ft. of floor area; for outdoor Vehicle Parts and Accessories Sales vehicle sales lots, 3 per lot Vehicle Repair and Maintenance
INDUSTRIAL LAND USES
Contractors' Facilities 1 per 500 sq. ft. of floor area Maintenance and Repair Services 1 per 1,000 sq. ft. of floor area or 1 per 2 employees on the largest shift, whichever is
greater; and 1 per vehicle used in the
conduct of business
Manufacturing and Processing, General
Manufacturing and Processing, Heavy
Manufacturing and Processing, Light
Public/Mini Storage 1 per 50 storage units or 5 spaces, whichever is greater
Recycling Collection or Processing Facilities 1 per 1,000 sq. ft. of floor area Research and Development 1 per 1,000 sq. ft. of floor area or 1 per 2 employees on the largest shift, whichever is
greater; and 1 per vehicle used in the
conduct of business
Warehousing, Wholesaling and Distribution 1 per 2,000 sq. ft. of floor area or 1 per 2 employees on the largest shift, whichever is
greater
RECREATIONAL LAND USES
Created: 2024-11-15 13:49:41 [EST]
(Supp. No. 81, 10-24)
Commercial Recreation, Indoor 1 per 3.5 fixed seats or 1 per 300 sq. ft. of floor area used by customers, whichever is
greater
Commercial Recreation, Outdoor 1 per 3.5 fixed seats or 1 per 400 sq. ft. of floor area used by customers, whichever is
greater
Golf Courses 3 per hole plus 1 per 300 sq. ft. of office or other retail area
Parks and Recreational Facilities 25 per ball field plus 5 spaces per acre of active recreational area
Sports Stadium or Arenas or Theaters 1 per 4 seats or 1 per 50 sq. ft. of floor area if no fixed seats
AGRICULTURE AND NATURAL RESOURCES LAND USE
Agricultural Processing, On-Site 1 per 1,000 sq. ft. of floor area for all habitable buildings associated with the use,
or 1 per each 2 employees on the largest
shift, whichever greater
Animal Processing, On-Site
TRANSPORTATION, COMMUNICATIONS, AND UTILITIES LAND USES Airports and Heliports 1 per 500 sq. ft. of floor area of enclosed passenger terminal area
Freight Terminals 1 per 2,000 sq. ft. of floor area
Parking Facilities 1 per 300 sq. ft. of floor area used by employees or 1 per employee whichever is
greater
Utilities, Major 1 per 300 sq. ft. of office area, plus 1 per Utilities, Minor vehicle required to service each facility Wireless Communications Facilities 1 per 300 sq. ft. of floor area for habitable buildings
Note 1: For duplexes, no parking may be required if either of the following is true:
a. The parcel is located within one-half (½) mile walking distance of either a high-quality transit corridor as defined in Subsection (b) of Section 21155 of the Public Resources Code, or a major transit stop as defined in Section 21064.3 of the Public Resources Code; or
b. There is a car share vehicle located within one (1) block of the parcel. (Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016; Ord. No. 2502, § 5, 8-19-19; Ord. No. 2543, §§ 60, 61, 9-6-2022)
Formatted: List Paragraph, Indent: Left: 0.25",
Hanging: 0.25", Numbered + Level: 1 + Numbering
Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.75"
Created: 2024-11-15 13:49:41 [EST]
(Supp. No. 81, 10-24)
20.3817.63.030 Required parking spaces.
A. Number of Spaces. All land uses shall provide a minimum number of off-street parking spaces as specified in Table 20.3817.63-1 (Off-Street Parking Requirements), except as provided in Section 20.3817.63.050 (Parking Reductions).
B. Unlisted Uses.
1. The director of development servicesCommunity Development Director shall determine the minimum number of required off-street parking spaces for land uses not listed in Table 20.3817.63-1 based on the requirements for the most comparable use in this chapter or an analysis of parking requirements for similar uses in other jurisdictions or state or national standards.
2. Off-street parking requirements for unlisted land uses shall be based on the parking requirements of similar uses in Table 20.3817.63-1.
3. The director of development servicesCommunity Development Director may require the preparation of a parking demand study at the expense of the applicant to determine the parking requirement for unlisted uses.
C. Mixed or Multiple Uses. When more than one (1) land use is conducted on a parcel, the minimum number of required off-street parking spaces shall be the sum of the number of parking spaces required for each individual use.
D. Unknown Uses.
1. The Community Development Directordirector of development services shall determine the minimum number of required off-street parking spaces for nonresidential "shell" structures with no identified tenants.
2. Off-street parking requirements for nonresidential "shell" structures shall be based on anticipated tenants for the structures, as determined by the Community Development Directordirector.
E. Units of Measurement.
1. For the purpose of this chapter, "floor area," in the case of offices, merchandising or service types of uses, means the gross floor area used or intended to be used by tenants, or for service to the public as customers, patrons, clients, or patients, including areas occupied by fixtures and equipment used for display or sale or merchandise. It shall not include areas used principally for nonpublic purposes such as incidental repair, processing or packaging of merchandise, for show windows, for restrooms, for utilities, or for dressing rooms, fitting rooms, or alteration rooms.
Unless additional information is provided by the applicant, these "non-public areas" will be assumed to be fifteen (15) percent of the total gross floor area and will not be used in calculating floor area for parking purposes.
Created: 2024-11-15 13:49:41 [EST]
(Supp. No. 81, 10-24)
2. In indoor or outdoor places of assembly in which spectators or patrons occupy benches, pews, or other similar seating facilities, each twenty (20) inches of such seating facilities shall be counted as one (1) seat for the purpose of determining offstreet parking facilities.
3. When units of measurements determining the number of required parking spaces result in requirements of a fractional space, fractions of spaces over one-half (½) shall be rounded up to the next whole number.
F. Conforming Status. Structures or uses established prior to the effective date of the zoning ordinance shall not be deemed nonconforming by reason of providing fewer off-street parking spaces than required by Table 20.3817.63-1. However, no such structure or use may further reduce the number of provided off-street parking spaces below the requirements of this chapter.
G. Additional Required Parking. The planning commission may require more off-street parking than required by Table 20.3817.63-1 if the commission determines that additional parking is needed to serve the proposed use and to minimize adverse impacts on neighboring properties.
(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)
20.3817.63.040 General requirements.
A. Availability and Use of Spaces.
1. Required parking spaces shall be permanently available and maintained for parking purposes for the use they are intended to serve.
2. Owners, lessees, tenants, or persons having control of the operation of a use for which parking spaces are required shall not prevent or restrict authorized persons from using these spaces.
3. Required parking spaces shall be used exclusively for the temporary parking of vehicles and shall not be used for the sale, lease, display, repair, advertising, or storage of vehicles, trailers, boats, campers, mobile homes, merchandise, or equipment, or for any other use not authorized by the zoning ordinance.
B. Location of Parking.
1. Required parking spaces shall be located on the same lot as the use they are intended to serve, except as allowed by subsection C below.
2. When the required off-street parking for a one-family or two-family structure in any Rresidential zone district is not to be provided in a covered garage or carport, each required car space shall be so located that it may later be covered by a garage or carport structure in accordance with the provisions of this chapter.
Created: 2024-11-15 13:49:41 [EST]
(Supp. No. 81, 10-24)
C. Off-Site Parking.
1. For multi-family housing and nonresidential uses, the site plan review committeereview authority may approve off-site parking if it finds that practical difficulties prevent the parking from being located on the same lot it is intended to serve.
2. Off-site parking shall be located within four hundred (400) feet of the use it is intended to serve or another reasonable distance as determined by the site plan review committeereview authority.
3. If off-site parking is approved, a covenant record, approved by the city attorney, shall be filed with the county recorder. The covenant record shall require the owner of the property where the off-site parking is located to continue to maintain the parking space so long as the building, structure, or improvement is maintained within the city.
This covenant shall stipulate that the title and right to use the spaces shall not be subject to multiple covenants or contracts for use, or termination, without prior written consent of the city.
D. Parking for Persons with Disabilities.
1. Parking spaces for persons with disabilities shall be provided in compliance with California Code of Regulations Title 24.
2. Parking spaces required for the disabled shall count toward compliance with the number of parking spaces required by Table 20.3817.63-1. (Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)
20.3817.63.050 Parking reductions.
The minimum number of required off-street parking spaces as specified in Table
20.3817.63-1 may be reduced as described below. The various reductions in this Section (17.63.050) are mutually exclusive and may not be combined. Projects eligible for multiple reduction types may only apply the single, greater reduction.
A. Shared Parking. Multiple land uses on a single parcel or development site may use shared parking facilities when operations for the land uses are not normally conducted during the same hours, or when hours of peak use differ. Requests for the use of shared parking may be approved if:
1. A parking demand study approved by the Community Development Director director of development services demonstrates that there will be no substantial conflicts between the land uses' principal hours of operation and periods of peak parking demand;
2. The total number of parking spaces required for the land uses does not exceed the number of parking spaces anticipated at periods of maximum use;
Created: 2024-11-15 13:49:41 [EST]
(Supp. No. 81, 10-24)
3. The proposed shared parking facility is located no further than four hundred (400) feet from the primary entrance of the land use which it serves; and,
4. A covenant record as described in Section 20.3817.63.040.C.3 shall be recorded.
B. Common Parking Facilities. Common parking facilities, public or private, may be provided in lieu of the individual requirements contained in this chapter, provided, the total of such off-street parking facilities, when used together, shall not be less than the sum of the various uses computed separately. Such common facilities shall be approved by the planning commission with a conditional use permit, and the planning commission may grant a reduction in the total required parking for the uses by no more than fifteen (15) percent.
C. Low Demand. The number of parking spaces may be reduced if the land use will not utilize the required number of spaces due to the nature of the specific use, as demonstrated by a parking demand study approved by the Community Development Directordirector of development services.
D. Transportation Demand Management Plan. The number of parking spaces may be reduced by the Community Development Director director of development services up to twenty (20) percent if the project applicant prepares a transportation demand management plan which demonstrates a reduction in the demand for off-street parking spaces by encouraging the use of transit, ridesharing, biking, walking, or travel outside of peak hours.
E. Bus Stop/Transportation Facility Credit. The number of parking spaces may be reduced by up to five (5) percent for commercial or multiple-family development projects within four hundred (400) feet of a City-approved bus stop. Alternatively, ifIf a commercial or multiplefamily development project is located within four hundred (400) feet of a transit center, the project may reduce parking spaces by up to ten (10) percent.
F. Mixed-Use Projects. A mixed-use project with commercial and residential units may reduce parking requirements by up to thirty (30) percent as demonstrated by a parking demand analysis approved by the Community Development Directordirector of development services.
(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)
20.3817.63.060 Parking assessment districts.
If a parking assessment district has been established, a fee may be paid to the city in lieu of providing required off-street parking within the district.
A. Exception for Parking Districts. Property located within a district in which special assessments have been or are to be levied for providing public off-street parking shall not be required to provide off-street parking facilities for the ground floor of any such structure.
Created: 2024-11-15 13:49:41 [EST]
(Supp. No. 81, 10-24)
B. Special Assessment Financing.
1. In any special assessment proceedings for financing the cost of public off-street parking facilities, any improved property shall be granted a credit against the assessment to be levied, in such ratio as the cCity Council shall determine, for any improved customer, owner, tenant or employee parking spaces or reasonable access areas.
2. In determining the amount of assessment credit, the area of credit shall be improved in accordance with this code. If not so improved at the time of granting the credit, the owner shall cause the area to be so improved within sixty (60) days thereafter, or otherwise the credit shall be removed. A parking space is defined as an area of eight and one-half (8½) by twenty (20) feet in dimension. The determination of the cCity cCouncil as to the amount of "reasonable access" shall be final.
3. Areas used for parking of delivery vehicles or other commercial or industrial vehicles, and open areas used for storage or otherwise in the operation of the business, shall not be included in any area of credit. Any area for which a credit for parking is granted shall remain subject to the requirements of this chapter for providing off-street parking.
C. In-lieu Parking Fee. In lieu of providing off-street parking within a special assessment parking district, an owner may pay to the city a sum equal to one thousand two hundred dollars ($1,200.00) per parking space, which money shall be deposited in a special fund and used for providing, improving or maintaining off-street parking facilities in said district.
D. Additions to Parking Districts.
1. Each owner of a property not included within a district in which special assessments are levied for providing public off-street parking, but within four hundred (400) feet of a public parking lot located within such a district, may pay a participation fee to defray the cost of providing required off-street public parking facilities, in exchange for the benefits and the responsibilities of inclusion in said district. Upon payment of the participation fee as provided in Section 20.3817.63.060.D.2 and continuing payment of assessments imposed by the district, the owner of the subject property shall not be required to provide off-street parking facilities for the ground floor of any structure on the property, and may also pay in-lieu parking fees as provided in Section
20.3817.63.060.C.
2. The participation fee shall be deposited in a special fund and used for providing, improving, or maintaining off-street parking facilities in said district. The amount of participation fee shall be computed as follows:
a. Participation fee = (Basic Charge + Cost Index)
b. "Basic charge" is ninety (90) cents per square foot of the subject property, and two hundred forty-five dollars ($245.00) per front foot of the subject property,
Created: 2024-11-15 13:49:41 [EST]
(Supp. No. 81, 10-24)
measured as the subject property's frontage along the public right-of-way with the highest traffic volume.
c. "Cost index" is the most current cost index (calculated on an annual basis based on the previous year's Consumer Price Index, All Urban Consumers, published by the U.S. Department of Labor), multiplied by the total square foot and front foot of the subject property. In the event of discontinuation of such index, the index most closely resembling said index.
(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)
20.3817.63.070 Parking design and development standards.
A. Dimensions. The minimum required dimensions for off-street parking spaces shall conform to the latest edition of the city's Standard Designs of Common Engineering Structures.
However, all parking spaces shall be a minimum of nine (9) feet in width.
B. Compact Spaces.
1. A maximum of twenty-five (25) percent of required off-street parking spaces may be compact spaces.
2. All parking spaces for compact cars shall be clearly marked with the word "Compact" either on the wheel stop or curb, or on the pavement at the opening of the space.
C. Parking Access. The required dimensions for driveways providing access to off-street parking spaces shall conform to the latest edition of the city's Standard Designs of Common Engineering Structures.
Figure 20.3817.63-1 Example of 90-Degree Parking Space Dimensions D. Surfacing.
Created: 2024-11-15 13:49:41 [EST]
(Supp. No. 81, 10-24)
1. All permanent parking spaces and drive aisles shall be paved with asphalt, concrete or other all-weather surface per the latest edition of the city's Standard Designs of Common Engineering Structures.
2. Permeable paving materials, such as porous concrete/asphalt, open-jointed pavers, and turf grids, are a permitted surface material, subject to approval by the city engineer.
E. Tandem Parking Spaces. Tandem parking spaces may be permitted for all residential land uses, provided that they comply with the following standards:
1. Parking spaces in a tandem configuration shall be reserved for and assigned to a single dwelling unit.
2. All required guest parking shall be provided as single, non-tandem parking spaces.
3. Tandem parking spaces shall not block the use of the drive aisle to access other parking spaces located within the parking area.
4. Tandem parking spaces shall be used to accommodate passenger vehicles only.
F. Landscaping.
1. General Standards. All landscaping within parking areas shall comply with the requirements of Chapter 20.368.34 (Landscape Maintenanceing) in addition to the standards within this section.
2. Landscaping Defined. Except as otherwise specified in this section, landscaping and landscaped areas shall consist of drought-tolerant plant materials, including any combination of trees, shrubs, and ground cover.
3. Parking Lot Standards. As illustrated in Figure 20.3817.63-2 (Parking Lot Landscaping Standards), the following landscaping standards, as well as the standards in the city's Standard Designs of Common Engineering Structures, shall apply to parking lots containing six (6) or more parking spaces. All landscape areas shall have an irrigation system.
Created: 2024-11-15 13:49:41 [EST]
(Supp. No. 81, 10-24)
Figure 20.3817.63-2 Parking Lot Landscaping Standards
a. Interior Landscaping. All areas within a parking lot not utilized for parking spaces or access/circulation shall be landscaped with plantings with drought-tolerant, non-invasive species.
b. Shade Trees.
(1) One (1) shade tree shall be provided for every six (6) parking spaces, or portion thereof, in a parking lot in addition to street trees. (2) Shade trees shall be a minimum fifteen (15) gallon box in size and shall provide a minimum thirty (30)-foot canopy at maturity.
(3) Shade trees shall be of a type that can reach maturity within fifteen (15) years of planting and shall be selected from a city-approved list of canopy tree species suitable for the valley climate.
(4) Shade trees shall be arranged in a parking lot to provide maximum shade coverage (based on a thirty (30)-foot canopy) on August 21. The arrangement should approximate nearly fifty (50) percent shade coverage at noon on August 21 within fifteen (15) years of planting. (5) The above standards may be modified at the discretion of the review authoritywith a minor use permit if alternative shade structures (including solar carports) are provided. Design standards for such shade structures shall be subject to approval by the review authorityapproved as part of the minor use permit process as well.
4. Concrete Curbs
Created: 2024-11-15 13:49:41 [EST]
(Supp. No. 81, 10-24)
a. All landscape areas shall be separated from parking spaces, drive aisles and driveways by a raised concrete curb. Raised concrete curbs shall be a minimum of six (6) inches high by six (6) inches deep.
b. The city may approve alternatives to raised concrete curbs as needed to comply with any mandatory storm water drainage standards.
5. Parking Space Landscaping. A maximum of two (2) feet at the front end of a parking space may be landscaped in lieu of paving surface.
6. Timing. Landscaping shall be installed prior to the city's authorization to occupy any buildings served by the parking area, or prior to the final inspection for the parking lot, unless otherwise approved by the Community Development Directordirector of development services.
G. Lighting.
1. A parking area with six (6) or more parking spaces shall include outdoor lighting that provides a minimum illumination of 1.0 foot candles over the entire parking area or as otherwise required by the building code.
2. Outdoor lighting as required by Subsection G.1 above shall be provided during nighttime business hours.
3. All parking space area lighting shall be energy efficient and designed so that any glare or spillage is directed away from residential properties.
4. All fixtures shall be hooded.
H. Pedestrian Access. Parking lots shall include pedestrian walkways in compliance with American with Disabilities Act (ADA) requirements and the California Building Code.
I. Screening. Parking lots of six (6) spaces or more shall comply with the following screening standards, unless otherwise approved with a minor use permitby the review authority.
1. Location. Screening with a minimum width of five (5) feet shall be provided along the perimeter of parking lots fronting a public or private street or abutting a residential zone.
2. Height.
a. Screening adjacent to streets shall have a minimum height of two and one-half (2½) feet.
b. Screening abutting a residential zoning district shall have a minimum height of six (6) feet, except in required setback areas, where the minimum height shall be four (4) feet.
c. Commercial parking lots abutting residential zoning districts shall have a solid wall with a minimum height of six (6) feet.
Created: 2024-11-15 13:49:41 [EST]
(Supp. No. 81, 10-24)
3. Materials. Required screening may consist of one (1) or more of the following materials:
a. Low-profile walls constructed of brick, stone, stucco or other durable material with graffiti-proof coating materials or landscaping/vines. b. Evergreen plants that form an opaque screen.
c. An open fence combined with landscaping to form an opaque screen. d. A berm landscaped with ground cover, shrubs, or trees. (Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)
20.3817.63.080 Bicycle parking.
A. Applicability. All multi-family and nonresidential land uses shall provide bicycle parking as specified in this section and in accordance with Sections 20.3817.63.020 (Applicability) and
20.3817.63.030 (Required Parking Spaces), except for the following uses:
1. Gas and service stations
2. Maintenance and repair services
3. Vehicle repair
4. Vehicle sales and rental
5. Wholesaling
6. Construction and material yards
7. Warehousing and distribution
8. Other similar uses as determined by the Community Development Directordirector of development services.
B. Types of Bicycle Parking.
1. Short-Term/Class II Bicycle Parking. Short-term/Class II bicycle parking provides shoppers, customers, and other visitors who generally park for two (2) hours or less a convenient and readily accessible place to park bicycles.
2. Long-Term/Class I Bicycle Parking. Long-term/Class I bicycle parking provides employees, residents, visitors and others who generally stay at a site for several hours a secure and weather-protected place to park bicycles.
C. Bicycle Parking Spaces Required. The number of required bicycle parking spaces shall be as specified in Table 20.3817.63-4 (Required Bicycle Parking Spaces).
Table 20.3817.63-4 Required Bicycle Parking Spaces
Required Bicycle Parking Spaces
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(Supp. No. 81, 10-24)
Land Use Short-Term Spaces Long-Term Spaces
Multi-Family Dwellings of 6
units or more, Group
Housing, and Single Room
Occupancy
10% of required automobile
parking spaces; minimum of
2 spaces
For uses 10 units or greater:
1 per 10 units;, minimum of 2
spaces
Non-Residential Uses 8% of required automobile
spaces, minimum of 2 spaces
For uses 20,000 sq. ft. or
greater: 85% of required
automobile spaces, for uses
10,000 sq. ft. or greater;
minimum of 2 spaces
D. Short-Term/Class II Bicycle Parking Standards. Short-term bicycle parking shall be located within one hundred (100) feet of the primary entrance of the structure or use it is intended to serve, and be readily visible to passers-by, and at least twenty-five (25) percent of required short-term bicycle parking spaces shall be covered.
E. Long-Term Bicycle Parking Standards. The Ffollowing standards shall be recommended, but not required, for long-term bicycle parking:
1. Location. Long-term bicycle parking shall be located in highly visible, well-lighted areas that are convenient to the street and users.
2. Cover. A minimum of seventy-five (75) percent of required long-term bicycle parking spaces shall be covered.
3. Parking Facilities. Long-term bicycle parking spaces must be secure and may include:
a. Covered, lockable enclosures with permanently anchored racks for bicycles; or, b. Lockable bicycle rooms or areas with permanently anchored racks; or, c. Lockable, permanently anchored bicycle lockers.
F. Parking Space Dimensions.
1. Minimum dimensions of two (2) feet by six (6) feet shall be provided for each bicycle parking space (illustrated in Figure 20.3817.63-3).
2. An aisle of at least five (5) feet shall be provided behind all bicycle parking to allow room for maneuvering.
3. Two (2) feet of clearance shall be provided between bicycle parking spaces and adjacent walls, polls, landscaping, pedestrian paths, and other similar features.
4. Four (4) feet of clearance shall be provided between bicycle parking spaces and adjacent automobile parking spaces and drive aisles.
G. Rack Design. Bicycle racks must be capable of locking both the wheels (one (1) wheel with a U-type lock), providing at least two (2) points of contact with the frame of the bicycle,
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(Supp. No. 81, 10-24)
and supporting bicycles in an upright position. "Inverted U" bicycle racks are highly recommended.
H. Cover. Required cover for bicycle parking spaces shall be permanent, designed to protect the bicycle from sun and rainfall, and be at least seven (7) feet above the floor or ground.
Figure 20.3817.63-3 Short-Term/Class II Bicycle Parking Dimensions (Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)
20.3817.63.090 Off-street loading.
A. Applicability. All retail, restaurant, hotel, warehousing, manufacturing, hospitals, laundry, and similar uses that involve the frequent receipt or delivery of materials or merchandise shall provide off-street loading spaces consistent with the requirements of this section.
B. Number of Loading Spaces. The minimum number of required loading spaces shall be as specified in Table 20.2817.63-5 (Required Loading Spaces).
Table 20.3817.63-5 Required Loading Spaces
Total Gross Floor Area Required Loading Spaces
Less than 5,000 sq. ft. None
5,000 to 25,000 sq. ft. 1
Greater than 25,000 sq. ft. 2 plus 1 per each additional 20,000 sq. ft.
Created: 2024-11-15 13:49:41 [EST]
(Supp. No. 81, 10-24)
Figure 20.3817.63-4 Off-Street Loading
C. Location.
1. Required loading spaces shall be located on the same lot as the use they are intended to serve.
2. A formal agreement among property owners shall be required and recorded if an immediately adjacent lot is used as required loading spaces.
3. No loading space shall be located closer than fifty (50) feet to a residential zone, unless the loading space is wholly enclosed within a building or screened by a solid wall not less than eight (8) feet in height.
D. Dimensions.
1. Each loading space shall have minimum dimensions of ten (10) feet wide, thirty-five (35) feet long, and fourteen (14) feet in vertical clearance.
2. Deviations from the minimum dimensions standards may be approved by the Community Development Director director of development services if the spatial needs are less than the minimum required due to the truck size and type that will be utilized in the operation of a specific business.
E. Design and Configuration.
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(Supp. No. 81, 10-24)
1. Loading spaces shall be configured to ensure that loading and unloading takes place on-site and not within adjacent public rights-of-way.
2. Sufficient maneuvering area shall be provided for loading spaces so that vehicles may enter and exit an abutting street in a forward direction.
3. Loading spaces and their associated maneuvering areas shall not encroach into required employee or visitor parking areas or other on-site areas required for vehicle circulation.
4. Loading spaces shall be striped and clearly identified as for loading purposes only. (Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)
Exhibit C
Title 17 - ZONING
CHAPTER 17.63 PARKING REQUIREMENTS
Atwater, California, Code of Ordinances Created: [EST]
(Supp. No.)
CHAPTER 17.63 PARKING REQUIREMENTS
17.63.010 Purpose.
This chapter establishes off-street parking requirements in order to:
A. Provide a sufficient number of off-street parking spaces for all land uses; B. Provide for functional off-street parking areas that are safe for vehicles and pedestrians; C. Ensure that parking areas are well-designed and contribute to high-quality design environment within Atwater;
D. Allow for flexibility in off-street parking requirements to support a multi-modal transportation system and sustainable development pattern; and, E. Ensure that off-street parking areas do not adversely impact land uses on neighboring properties.
17.63.020 Applicability.
A. New Structures and Uses. All new structures and uses shall comply with the standards in this chapter, including the amount of required off-street parking as specified in Table
17.63-1 (Off-Street Parking Requirements).
B. Changes in Existing Structures and Uses.
1. Additional parking shall be required for a change in use or any modification to an existing structure that results in an increase in the unit of measurement used to determine the amount of required off-street parking as specified in Table 17.63-1 (Off-Street Parking Requirements).
2. Additional off-street parking shall be required only to accommodate the incremental change or expansion of the structure or use. Additional parking shall not be required to remedy parking deficiencies existing prior to the change to an existing structure or use.
3. Additional parking for nonresidential uses is not required if the parking needed to accommodate the change is either:
a. Two (2) or fewer parking spaces; or,
b. Ten (10) percent or less of the total required off-street parking spaces for the use.
Table 17.63 -1 Off-Street Parking Requirements
Created: [EST]
(Supp. No.)
Land Uses Number of Required Parking Spaces
RESIDENTIAL LAND USES
Caretaker's Home 1 per unit
Duplexes 1 per unit unless an exception is met in Note
1, below.
Group Homes and Facilities 1 per unit plus 1 per 300 sq. ft. of office and other nonresidential areas
Group Housing 1 per unit
Live/Work Units 1.75 per unit
Mobile Home Parks 1 per unit and 1 per office or employee Multiple Family Dwellings/Condominiums 1.75 spaces per unit of 2 bedrooms or less up to 30 units and 1.5 spaces per unit
thereafter, plus 0.5 spaces per additional
bedroom over 2 in each unit and 1.0 spaces
per additional full or partial bathroom over 3
in each unit
Residential Care Facilities, Small 1 per unit
Residential Care Facilities, Large (Includes
Convalescent/Nursing Homes)
1 per 4 beds; plus 1 per 300 sq. ft. of office or
1 per employee, whichever is greater
Accessory Dwelling Units One or more bedrooms: 1 per unit, unless an exception in AMC 17.28.010 F.7. is met.
Single Family Dwellings 2 per unit, however, if the lot is not located on a cul-de-sac and has less than 60-feet of
frontage, then only 1 space is required
Single-Room Occupancy 1 per unit
Transitional/Supportive Housing 1 per 4 beds plus 1 per 300 sq. ft. of office and other nonresidential areas
PUBLIC AND QUASI-PUBLIC LAND USES
Cemeteries, Mausoleums, Funeral Parlors,
and Mortuaries
1 per 5 fixed seats, or 1 per 35 sq. ft. of
largest assembly area without fixed seats
Colleges and Trade Schools 1 per 100 sq. ft. of classroom area or 1 per employee, whichever is greater
Community Assembly 1 per 3.5 fixed seats, or 1 per 60 sq. ft. of Cultural Institutions assembly area for uses without fixed seats Day Care Centers 1 per 400 sq. ft. of floor area used for daycare and 1 per employee
Day Care Home Facilities, Small (1-8 children) 1 per unit Day Care Home Facilities, Large (9-14
children)
1 per unit plus 1 per employee
Created: [EST]
(Supp. No.)
Drug Rehabilitation Center 1 per 6 beds plus 1 per 300 sq. ft. of office or other nonresidential floor area
Emergency Shelters 1 per 10 beds plus 1 per 300 sq. ft. of office or other nonresidential floor area
Government Offices 1 per 300 sq. ft. of floor area
Hospitals 1 per bed up to 100 beds; 1 per 2 beds for up to next 100 beds; 1 per 4 beds thereafter
Medical Offices and Clinics 1 per 200 sq. ft. of floor area Public Safety Facilities 1 per 1,000 sq. ft. and 2 additional parking spaces for station vehicles
Schools, Public or Private 2 per classroom or 1 per employee, whichever is greater
Social Assistance Services 1 space per 300 square feet of floor area
COMMERCIAL LAND USES
Adult Entertainment Businesses 1 per 300 sq. ft. of floor area Alcoholic Beverage Sales, Retail 1 per 250 sq. ft. of floor area Animal Sales and Services 1 per 300 sq. ft. of floor area Banks, Retail 1 per 250 sq. ft. of floor area or 1 per
employee, whichever is greater
Bars and Nightclubs 1 per 100 sq. ft. of floor area or 1 per 50 sq. ft. of floor area used for dancing or 1 per 2.5
seats, whichever is greater
Bed and Breakfast 1 per bedroom plus 2 for owner plus 1 for each employee on largest shift
Building Supplies and Home Improvement
Stores
1 per 400 sq. ft. of floor area
Business Support Services 1 per 500 sq. ft. of floor area Card rooms/Gaming Establishments 1 per 2.5 seats
Check Cashing Establishments 1 per 250 sq. ft. of floor area Drive-Through and Drive-Up Sales 1 per 350 sq. ft. of floor area Equipment Sales and Rental 1 per 400 sq. ft. of floor area plus 1 per vehicle for sale or rent
Flea Market 1 per 300 sq. ft. of display/sales area or 1 per booth, whichever is greater
Food and Beverage Sales 1 per 250 sq. ft. of floor area Furniture and Appliance Stores 1 per 600 sq. ft. of floor area plus 1 per vehicle used in the conduct of business
Gas and Service Stations 3 spaces plus 1 per 250 sq. ft. of retail sales area
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Hotels and Motels 1 per sleeping unit or suite up to 100 units, 1 per each 2 units for each unit thereafter
Mobile Home Sales 1 per 400 sq. ft. of floor area, but in no case less than 6 spaces, plus 1 for each mobile
home for sale
Mobile Vending 2 per motorized coach, none required for pushcarts
Office, Professional 1 per 250 sq. ft. of floor area
Pawn Shops 1 per 300 sq. ft. of floor area
Personal Services 1 per 250 sq. ft. of floor area or 1 per employee, whichever is greater
Restaurant, Full Service 1 per 100 sq. ft. of floor seating area or 1 for Restaurant, Limited Service each 2.5 seats, whichever is greater Retail, General 1 per 300 sq. ft. of floor area
Vehicle Sales and Rental 1 per 400 sq. ft. of floor area; for outdoor Vehicle Parts and Accessories Sales vehicle sales lots, 3 per lot Vehicle Repair and Maintenance
INDUSTRIAL LAND USES
Contractors' Facilities 1 per 500 sq. ft. of floor area Maintenance and Repair Services 1 per 1,000 sq. ft. of floor area or 1 per 2 employees on the largest shift, whichever is
greater; and 1 per vehicle used in the
conduct of business
Manufacturing and Processing, General
Manufacturing and Processing, Heavy
Manufacturing and Processing, Light
Public/Mini Storage 1 per 50 storage units or 5 spaces, whichever is greater
Recycling Collection or Processing Facilities 1 per 1,000 sq. ft. of floor area Research and Development 1 per 1,000 sq. ft. of floor area or 1 per 2 employees on the largest shift, whichever is
greater; and 1 per vehicle used in the
conduct of business
Warehousing, Wholesaling and Distribution 1 per 2,000 sq. ft. of floor area or 1 per 2 employees on the largest shift, whichever is
greater
RECREATIONAL LAND USES
Commercial Recreation, Indoor 1 per 3.5 fixed seats or 1 per 300 sq. ft. of floor area used by customers, whichever is
greater
Commercial Recreation, Outdoor 1 per 3.5 fixed seats or 1 per 400 sq. ft. of floor area used by customers, whichever is
greater
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Golf Courses 3 per hole plus 1 per 300 sq. ft. of office or other retail area
Parks and Recreational Facilities 25 per ball field plus 5 spaces per acre of active recreational area
Sports Stadium or Arenas or Theaters 1 per 4 seats or 1 per 50 sq. ft. of floor area if no fixed seats
AGRICULTURE AND NATURAL RESOURCES LAND USE
Agricultural Processing, On-Site 1 per 1,000 sq. ft. of floor area for all habitable buildings associated with the use,
or 1 per each 2 employees on the largest
shift, whichever greater
Animal Processing, On-Site
TRANSPORTATION, COMMUNICATIONS, AND UTILITIES LAND USES Airports and Heliports 1 per 500 sq. ft. of floor area of enclosed passenger terminal area
Freight Terminals 1 per 2,000 sq. ft. of floor area
Parking Facilities 1 per 300 sq. ft. of floor area used by employees or 1 per employee whichever is
greater
Utilities, Major 1 per 300 sq. ft. of office area, plus 1 per Utilities, Minor vehicle required to service each facility Wireless Communications Facilities 1 per 300 sq. ft. of floor area for habitable buildings
Note 1: For duplexes, no parking may be required if either of the following is true:
a. The parcel is located within one-half (½) mile walking distance of either a high-quality transit corridor as defined in Subsection (b) of Section 21155 of the Public Resources Code, or a major transit stop as defined in Section 21064.3 of the Public Resources Code; or
b. There is a car share vehicle located within one (1) block of the parcel.
17.63.030 Required parking spaces.
A. Number of Spaces. All land uses shall provide a minimum number of off-street parking spaces as specified in Table 17.63-1 (Off-Street Parking Requirements), except as provided in Section 17.63.050 (Parking Reductions).
B. Unlisted Uses.
1. The Community Development Director shall determine the minimum number of required off-street parking spaces for land uses not listed in Table 17.63-1 based on the requirements for the most comparable use in this chapter or an analysis of
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parking requirements for similar uses in other jurisdictions or state or national standards.
2. Off-street parking requirements for unlisted land uses shall be based on the parking requirements of similar uses in Table 17.63-1.
3. The Community Development Director may require the preparation of a parking demand study at the expense of the applicant to determine the parking requirement for unlisted uses.
C. Mixed or Multiple Uses. When more than one (1) land use is conducted on a parcel, the minimum number of required off-street parking spaces shall be the sum of the number of parking spaces required for each individual use.
D. Unknown Uses.
1. The Community Development Directorshall determine the minimum number of required off-street parking spaces for nonresidential "shell" structures with no identified tenants.
2. Off-street parking requirements for nonresidential "shell" structures shall be based on anticipated tenants for the structures, as determined by the Community Development Director.
E. Units of Measurement.
1. For the purpose of this chapter, "floor area," in the case of offices, merchandising or service types of uses, means the gross floor area used or intended to be used by tenants, or for service to the public as customers, patrons, clients, or patients, including areas occupied by fixtures and equipment used for display or sale or merchandise. It shall not include areas used principally for nonpublic purposes such as incidental repair, processing or packaging of merchandise, for show windows, for restrooms, for utilities, or for dressing rooms, fitting rooms, or alteration rooms.
Unless additional information is provided by the applicant, these "non-public areas" will be assumed to be fifteen (15) percent of the total gross floor area and will not be used in calculating floor area for parking purposes.
2. In indoor or outdoor places of assembly in which spectators or patrons occupy benches, pews, or other similar seating facilities, each twenty (20) inches of such seating facilities shall be counted as one (1) seat for the purpose of determining offstreet parking facilities.
3. When units of measurements determining the number of required parking spaces result in requirements of a fractional space, fractions of spaces over one-half (½) shall be rounded up to the next whole number.
F. Conforming Status. Structures or uses established prior to the effective date of the zoning ordinance shall not be deemed nonconforming by reason of providing fewer off-street
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parking spaces than required by Table 17.63-1. However, no such structure or use may further reduce the number of provided off-street parking spaces below the requirements of this chapter.
G. Additional Required Parking. The planning commission may require more off-street parking than required by Table 17.63-1 if the commission determines that additional parking is needed to serve the proposed use and to minimize adverse impacts on neighboring properties.
(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)
17.63.040 General requirements.
A. Availability and Use of Spaces.
1. Required parking spaces shall be permanently available and maintained for parking purposes for the use they are intended to serve.
2. Owners, lessees, tenants, or persons having control of the operation of a use for which parking spaces are required shall not prevent or restrict authorized persons from using these spaces.
3. Required parking spaces shall be used exclusively for the temporary parking of vehicles and shall not be used for the sale, lease, display, repair, advertising, or storage of vehicles, trailers, boats, campers, mobile homes, merchandise, or equipment, or for any other use not authorized by the zoning ordinance.
B. Location of Parking.
1. Required parking spaces shall be located on the same lot as the use they are intended to serve, except as allowed by subsection C below.
2. When the required off-street parking for a one-family or two-family structure in any residential zone is not to be provided in a covered garage or carport, each required car space shall be so located that it may later be covered by a garage or carport structure in accordance with the provisions of this chapter.
C. Off-Site Parking.
1. For multi-family housing and nonresidential uses, the review authority may approve off-site parking if it finds that practical difficulties prevent the parking from being located on the same lot it is intended to serve.
2. Off-site parking shall be located within four hundred (400) feet of the use it is intended to serve or another reasonable distance as determined by the review authority.
3. If off-site parking is approved, a covenant record, approved by the city attorney, shall be filed with the county recorder. The covenant record shall require the owner of the
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property where the off-site parking is located to continue to maintain the parking space so long as the building, structure, or improvement is maintained within the city.
This covenant shall stipulate that the title and right to use the spaces shall not be subject to multiple covenants or contracts for use, or termination, without prior written consent of the city.
D. Parking for Persons with Disabilities.
1. Parking spaces for persons with disabilities shall be provided in compliance with California Code of Regulations Title 24.
2. Parking spaces required for the disabled shall count toward compliance with the number of parking spaces required by Table 17.63-1.
(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)
17.63.050 Parking reductions.
The minimum number of required off-street parking spaces as specified in Table 17.63-1 may be reduced as described below. The various reductions in this Section (17.63.050) are mutually exclusive and may not be combined. Projects eligible for multiple reduction types may only apply the single, greater reduction.
A. Shared Parking. Multiple land uses on a single parcel or development site may use shared parking facilities when operations for the land uses are not normally conducted during the same hours, or when hours of peak use differ. Requests for the use of shared parking may be approved if:
1. A parking demand study approved by the Community Development Director demonstrates that there will be no substantial conflicts between the land uses' principal hours of operation and periods of peak parking demand;
2. The total number of parking spaces required for the land uses does not exceed the number of parking spaces anticipated at periods of maximum use;
3. The proposed shared parking facility is located no further than four hundred (400) feet from the primary entrance of the land use which it serves; and,
4. A covenant record as described in Section 17.63.040.C.3 shall be recorded.
B. Common Parking Facilities. Common parking facilities, public or private, may be provided in lieu of the individual requirements contained in this chapter, provided, the total of such off-street parking facilities, when used together, shall not be less than the sum of the various uses computed separately. Such common facilities shall be approved by the planning commission with a conditional use permit, and the planning commission may grant a reduction in the total required parking for the uses by no more than fifteen (15) percent.
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C. Low Demand. The number of parking spaces may be reduced if the land use will not utilize the required number of spaces due to the nature of the specific use, as demonstrated by a parking demand study approved by the Community Development Director.
D. Transportation Demand Management Plan. The number of parking spaces may be reduced by the Community Development Director up to twenty (20) percent if the project applicant prepares a transportation demand management plan which demonstrates a reduction in the demand for off-street parking spaces by encouraging the use of transit, ridesharing, biking, walking, or travel outside of peak hours.
E. Bus Stop/Transportation Facility Credit. The number of parking spaces may be reduced by up to five (5) percent for commercial or multiple-family development projects within four hundred (400) feet of a City-approved bus stop. Alternatively, if a commercial or multiplefamily development project is located within four hundred (400) feet of a transit center, the project may reduce parking spaces by up to ten (10) percent.
F. Mixed-Use Projects. A mixed-use project with commercial and residential units may reduce parking requirements by up to thirty (30) percent as demonstrated by a parking demand analysis approved by the Community Development Director. (Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)
17.63.060 Parking assessment districts.
If a parking assessment district has been established, a fee may be paid to the city in lieu of providing required off-street parking within the district.
A. Exception for Parking Districts. Property located within a district in which special assessments have been or are to be levied for providing public off-street parking shall not be required to provide off-street parking facilities for the ground floor of any such structure.
B. Special Assessment Financing.
1. In any special assessment proceedings for financing the cost of public off-street parking facilities, any improved property shall be granted a credit against the assessment to be levied, in such ratio as the City Council shall determine, for any improved customer, owner, tenant or employee parking spaces or reasonable access areas.
2. In determining the amount of assessment credit, the area of credit shall be improved in accordance with this code. If not so improved at the time of granting the credit, the owner shall cause the area to be so improved within sixty (60) days thereafter, or otherwise the credit shall be removed. A parking space is defined as an area of eight and one-half (8½) by twenty (20) feet in dimension. The determination of the City Council as to the amount of "reasonable access" shall be final.
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3. Areas used for parking of delivery vehicles or other commercial or industrial vehicles, and open areas used for storage or otherwise in the operation of the business, shall not be included in any area of credit. Any area for which a credit for parking is granted shall remain subject to the requirements of this chapter for providing off-street parking.
C. In-lieu Parking Fee. In lieu of providing off-street parking within a special assessment parking district, an owner may pay to the city a sum equal to one thousand two hundred dollars ($1,200.00) per parking space, which money shall be deposited in a special fund and used for providing, improving or maintaining off-street parking facilities in said district.
D. Additions to Parking Districts.
1. Each owner of a property not included within a district in which special assessments are levied for providing public off-street parking, but within four hundred (400) feet of a public parking lot located within such a district, may pay a participation fee to defray the cost of providing required off-street public parking facilities, in exchange for the benefits and the responsibilities of inclusion in said district. Upon payment of the participation fee as provided in Section 17.63.060.D.2 and continuing payment of assessments imposed by the district, the owner of the subject property shall not be required to provide off-street parking facilities for the ground floor of any structure on the property, and may also pay in-lieu parking fees as provided in Section
17.63.060.C.
2. The participation fee shall be deposited in a special fund and used for providing, improving, or maintaining off-street parking facilities in said district. The amount of participation fee shall be computed as follows:
a. Participation fee = (Basic Charge + Cost Index)
b. "Basic charge" is ninety (90) cents per square foot of the subject property, and two hundred forty-five dollars ($245.00) per front foot of the subject property, measured as the subject property's frontage along the public right-of-way with the highest traffic volume.
c. "Cost index" is the most current cost index (calculated on an annual basis based on the previous year's Consumer Price Index, All Urban Consumers, published by the U.S. Department of Labor), multiplied by the total square foot and front foot of the subject property. In the event of discontinuation of such index, the index most closely resembling said index.
(Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)
17.63.070 Parking design and development standards.
A. Dimensions. The minimum required dimensions for off-street parking spaces shall conform to the latest edition of the city's Standard Designs of Common Engineering Structures.
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B. Compact Spaces.
1. A maximum of twenty-five (25) percent of required off-street parking spaces may be compact spaces.
2. All parking spaces for compact cars shall be clearly marked with the word "Compact" either on the wheel stop or curb, or on the pavement at the opening of the space.
C. Parking Access. The required dimensions for driveways providing access to off-street parking spaces shall conform to the latest edition of the city's Standard Designs of Common Engineering Structures.
Figure 17.63-1 Example of 90-Degree Parking Space Dimensions D. Surfacing.
1. All permanent parking spaces and drive aisles shall be paved with asphalt, concrete or other all-weather surface per the latest edition of the city's Standard Designs of Common Engineering Structures.
2. Permeable paving materials, such as porous concrete/asphalt, open-jointed pavers, and turf grids, are a permitted surface material, subject to approval by the city engineer.
E. Tandem Parking Spaces. Tandem parking spaces may be permitted for all residential land uses, provided that they comply with the following standards:
1. Parking spaces in a tandem configuration shall be reserved for and assigned to a single dwelling unit.
2. All required guest parking shall be provided as single, non-tandem parking spaces.
3. Tandem parking spaces shall not block the use of the drive aisle to access other parking spaces located within the parking area.
4. Tandem parking spaces shall be used to accommodate passenger vehicles only.
F. Landscaping.
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1. General Standards. All landscaping within parking areas shall comply with the requirements of Chapter 8.34 (Landscape Maintenance) in addition to the standards within this section.
2. Landscaping Defined. Except as otherwise specified in this section, landscaping and landscaped areas shall consist of drought-tolerant plant materials, including any combination of trees, shrubs, and ground cover.
3. Parking Lot Standards. As illustrated in Figure 17.63-2 (Parking Lot Landscaping Standards), the following landscaping standards, as well as the standards in the city's Standard Designs of Common Engineering Structures, shall apply to parking lots containing six (6) or more parking spaces. All landscape areas shall have an irrigation system.
Figure 17.63-2 Parking Lot Landscaping Standards
a. Interior Landscaping. All areas within a parking lot not utilized for parking spaces or access/circulation shall be landscaped with plantings with drought-tolerant, non-invasive species.
b. Shade Trees.
(1) One (1) shade tree shall be provided for every six (6) parking spaces, or portion thereof, in a parking lot in addition to street trees. (2) Shade trees shall be a minimum fifteen (15) gallon box in size and shall provide a minimum thirty (30)-foot canopy at maturity.
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(Supp. No.)
(3) Shade trees shall be of a type that can reach maturity within fifteen (15) years of planting and shall be selected from a city-approved list of canopy tree species suitable for the valley climate.
(4) Shade trees shall be arranged in a parking lot to provide maximum shade coverage (based on a thirty (30)-foot canopy) on August 21. The arrangement should approximate nearly fifty (50) percent shade coverage at noon on August 21 within fifteen (15) years of planting. (5) The above standards may be modified at the discretion of the review authority if alternative shade structures (including solar carports) are provided. Design standards for such shade structures shall be subject to approval by the review authority.
4. Concrete Curbs
a. All landscape areas shall be separated from parking spaces, drive aisles and driveways by a raised concrete curb. Raised concrete curbs shall be a minimum of six (6) inches high by six (6) inches deep.
b. The city may approve alternatives to raised concrete curbs as needed to comply with any mandatory storm water drainage standards.
5. Parking Space Landscaping. A maximum of two (2) feet at the front end of a parking space may be landscaped in lieu of paving surface.
6. Timing. Landscaping shall be installed prior to the city's authorization to occupy any buildings served by the parking area, or prior to the final inspection for the parking lot, unless otherwise approved by the Community Development Director.
G. Lighting.
1. A parking area with six (6) or more parking spaces shall include outdoor lighting that provides a minimum illumination of 1.0 foot candles over the entire parking area or as otherwise required by the building code.
2. Outdoor lighting as required by Subsection G.1 above shall be provided during nighttime business hours.
3. All parking space area lighting shall be energy efficient and designed so that any glare or spillage is directed away from residential properties.
4. All fixtures shall be hooded.
H. Pedestrian Access. Parking lots shall include pedestrian walkways in compliance with American with Disabilities Act (ADA) requirements and the California Building Code.
I. Screening. Parking lots of six (6) spaces or more shall comply with the following screening standards, unless otherwise approved by the review authority.
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1. Location. Screening with a minimum width of five (5) feet shall be provided along the perimeter of parking lots fronting a public or private street or abutting a residential zone.
2. Height.
a. Screening adjacent to streets shall have a minimum height of two and one-half (2½) feet.
b. Screening abutting a residential zoning district shall have a minimum height of six (6) feet, except in required setback areas, where the minimum height shall be four (4) feet.
c. Commercial parking lots abutting residential zoning districts shall have a solid wall with a minimum height of six (6) feet.
3. Materials. Required screening may consist of one (1) or more of the following materials:
a. Low-profile walls constructed of brick, stone, stucco or other durable material with graffiti-proof coating materials or landscaping/vines. b. Evergreen plants that form an opaque screen.
c. An open fence combined with landscaping to form an opaque screen. d. A berm landscaped with ground cover, shrubs, or trees. (Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)
17.63.080 Bicycle parking.
A. Applicability. All multi-family and nonresidential land uses shall provide bicycle parking as specified in this section and in accordance with Sections 17.63.020 (Applicability) and
17.63.030 (Required Parking Spaces), except for the following uses:
1. Gas and service stations
2. Maintenance and repair services
3. Vehicle repair
4. Vehicle sales and rental
5. Wholesaling
6. Construction and material yards
7. Warehousing and distribution
8. Other similar uses as determined by the Community Development Director.
B. Types of Bicycle Parking.
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1. Short-Term/Class II Bicycle Parking. Short-term/Class II bicycle parking provides shoppers, customers, and other visitors who generally park for two (2) hours or less a convenient and readily accessible place to park bicycles.
2. Long-Term/Class I Bicycle Parking. Long-term/Class I bicycle parking provides employees, residents, visitors and others who generally stay at a site for several hours a secure and weather-protected place to park bicycles.
C. Bicycle Parking Spaces Required. The number of required bicycle parking spaces shall be as specified in Table 17.63-4 (Required Bicycle Parking Spaces).
Table 17.63-4 Required Bicycle Parking Spaces
Required Bicycle Parking Spaces
Land Use Short-Term Spaces Long-Term Spaces
Multi-Family Dwellings of 6
units or more, Group
Housing, and Single Room
Occupancy
10% of required automobile
parking spaces; minimum of
2 spaces
For uses 10 units or greater:
1 per 10 units, minimum of 2
spaces
Non-Residential Uses 8% of required automobile
spaces, minimum of 2 spaces
For uses 20,000 sq. ft. or
greater: 5% of required
automobile spaces, minimum
of 2 spaces
D. Short-Term/Class II Bicycle Parking Standards. Short-term bicycle parking shall be located within one hundred (100) feet of the primary entrance of the structure or use it is intended to serve and be readily visible to passers-by.
E. Long-Term Bicycle Parking Standards. The following standards shall be recommended, but not required, for long-term bicycle parking:
1. Location. Long-term bicycle parking shall be located in highly visible, well-lighted areas that are convenient to the street and users.
2. Cover. A minimum of seventy-five (75) percent of required long-term bicycle parking spaces shall be covered.
3. Parking Facilities. Long-term bicycle parking spaces must be secure and may include:
a. Covered, lockable enclosures with permanently anchored racks for bicycles; or, b. Lockable bicycle rooms or areas with permanently anchored racks; or, c. Lockable, permanently anchored bicycle lockers.
F. Parking Space Dimensions.
1. Minimum dimensions of two (2) feet by six (6) feet shall be provided for each bicycle parking space (illustrated in Figure 17.63-3).
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2. An aisle of at least five (5) feet shall be provided behind all bicycle parking to allow room for maneuvering.
3. Two (2) feet of clearance shall be provided between bicycle parking spaces and adjacent walls, polls, landscaping, pedestrian paths, and other similar features.
4. Four (4) feet of clearance shall be provided between bicycle parking spaces and adjacent automobile parking spaces and drive aisles.
G. Rack Design. Bicycle racks must be capable of locking both the wheels (one (1) wheel with a U-type lock), providing at least two (2) points of contact with the frame of the bicycle, and supporting bicycles in an upright position. "Inverted U" bicycle racks are highly recommended.
H. Cover. Required cover for bicycle parking spaces shall be permanent, designed to protect the bicycle from sun and rainfall, and be at least seven (7) feet above the floor or ground.
Figure 17.63-3 Short-Term/Class II Bicycle Parking Dimensions (Ord. No. 2465, § 2(Exhs. A., B.), 9-19-2016)
17.63.090 Off-street loading.
A. Applicability. All retail, restaurant, hotel, warehousing, manufacturing, hospitals, laundry, and similar uses that involve the frequent receipt or delivery of materials or merchandise shall provide off-street loading spaces consistent with the requirements of this section.
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B. Number of Loading Spaces. The minimum number of required loading spaces shall be as specified in Table 17.63-5 (Required Loading Spaces).
Table 17.63-5 Required Loading Spaces
Total Gross Floor Area Required Loading Spaces
Less than 5,000 sq. ft. None
5,000 to 25,000 sq. ft. 1
Greater than 25,000 sq. ft. 2 plus 1 per each additional 20,000 sq. ft.
Figure 17.63-4 Off-Street Loading
C. Location.
1. Required loading spaces shall be located on the same lot as the use they are intended to serve.
2. A formal agreement among property owners shall be required and recorded if an immediately adjacent lot is used as required loading spaces.
3. No loading space shall be located closer than fifty (50) feet to a residential zone, unless the loading space is wholly enclosed within a building or screened by a solid wall not less than eight (8) feet in height.
D. Dimensions.
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1. Each loading space shall have minimum dimensions of ten (10) feet wide, thirty-five (35) feet long, and fourteen (14) feet in vertical clearance.
2. Deviations from the minimum dimensions standards may be approved by the Community Development Director if the spatial needs are less than the minimum required due to the truck size and type that will be utilized in the operation of a specific business.
E. Design and Configuration.
1. Loading spaces shall be configured to ensure that loading and unloading takes place on-site and not within adjacent public rights-of-way.
2. Sufficient maneuvering area shall be provided for loading spaces so that vehicles may enter and exit an abutting street in a forward direction.
3. Loading spaces and their associated maneuvering areas shall not encroach into required employee or visitor parking areas or other on-site areas required for vehicle circulation.
4. Loading spaces shall be striped and clearly identified as for loading purposes only.
CITY COUNCIL
AGENDA REPORT
MEETING
DATE:
July 14, 2025
TO: Mayor and City Council
FROM: Christopher Hoem, City Manager
PREPARED
BY:
SUBJECT: Adoption of an Ordinance approving an Amendment to the Development Agreement by and between the City of Atwater and the Ferrari Ranch Owners, to clarify the responsible parties for the construction of water, sewer, and storm water infrastructure for the development located at APNS: 005-120-045 & 005-120- 046 (City Manager Hoem)
RECOMMENDED COUNCIL ACTION
Adoption of Ordinance No. CS 1072 approving an Amendment to the Development Agreement by and between the City of Atwater and the Ferrari Ranch Owners, to clarify the responsible parties for the construction of water, sewer, and storm water infrastructure for the development located at APNS: 005-120-045 & 005-120-046.
I. BACKGROUND/ANALYSIS:
City Council waived the first reading and introduced the the Ordinance at their Regular meeting of June 23, 2025.
1. BACKGROUND:
In 2017, the City Council approved a Development Agreement (DA) by and between the City of Atwater and the Ferrari Ranch Owners. The DA enabled the owners to move forward with applying for development applications and required certain infrastructure to be installed.
In 2022, the City was designated $3 million in federal funds to improve access to clean drinking water, sanitation services, and water management. The specific area designated was for water, sewer, and storm water infrastructure from Buhach Road to Gurr Road, along Green Sands Avenue. As this area is adjacent to Ferrari Ranch, an amendment to the DA is necessary to clarify the responsible parties of developing such infrastructure.
CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Brian Raymond
John Cale Kalisa Rochester
Agenda Report - Adoption of an Ordinance approving an Amendment to the Development Agreement by and between the City of Atwater and the Ferrari Ranch Owners, to clarify the responsible parties for the construction of water, sewer, and storm water infrastructure for the development located at APNS: 005-120-045 & 005-120-046 (City Manager Hoem) Page 2
2. ANALYSIS:
Ferrari Ranch is poised for future development, having already been annexed and planned out. Infrastructure is a major component of this future development. The proposed amended DA clarifies that once the federal funding is used for infrastructure, the developer is responsible for their portion.
The proposed amended DA removes certain language related to terms that applied prior to annexation. Since the area has been annexed, that language has become obsolete. There were also minor clerical corrections in the proposed amended DA.
II. FISCAL IMPACTS:
No negative fiscal impacts are anticipated with the approval of this project.
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 project has been reviewed by all relevant departments.
VII. PUBLIC PARTICIPATION:
The public notice was adequately noticed and advertised. The public will have an opportunity to provide comments on this item prior to City Council action.
VIII. ENVIRONMENTAL REVIEW:
The City reviewed the proposed amended and restated development agreement and conducted a Section 15162 consistency evaluation with the previously certified EIR (SCH# 2014101045). The evaluation substantiates the conclusion that supports a determination that no subsequent document is required as it is not anticipated that the implementation of the proposed restated and amended development agreement would result in any significant direct, indirect or cumulative impacts over and above those disclosed in the previously certified EIR (SCH# 2014101045). The project would not result in new impacts or changed circumstances that would require a new environmental document.
Agenda Report - Adoption of an Ordinance approving an Amendment to the Development Agreement by and between the City of Atwater and the Ferrari Ranch Owners, to clarify the responsible parties for the construction of water, sewer, and storm water infrastructure for the development located at APNS: 005-120-045 & 005-120-046 (City Manager Hoem) Page 3
IX. STEPS FOLLOWING APPROVAL:
Submitted and Approved by:
Chris Hoem, City Manager
Attachments:
1. CS 1072
2. Ferrari Ranch DA REVISED 6-23-2025 (2)
3. Exhibit A
4. Exhibit B
5. Exhibit C
6. Exhibit D
CITY COUNCIL
OF THE
CITY OF ATWATER
ORDINANCE NO. CS 1072
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ATWATER APPROVING AN
AMENDMENT TO THE DEVELOPMENT
AGREEMENT BY AND BETWEEN THE CITY OF
ATWATER AND THE FERRARI RANCH OWNERS,
TO CLARIFY THE RESPONIBLE PARTIES FOR
THE CONSTRUCTION OF WATER, SEWER, AND
STORM WATER INFRASTRUCTURE FOR THE
DEVELOPMENT LOCATED AT APNS: 005-120-
045 & 005-120-046
WHEREAS, the City of Atwater wishes to amend and restate Development Agreement No. 034-17.; and,
WHEREAS, the City and the Owner previously entered into a development agreement (the “Original Development Agreement”) for the Ferrari Ranch Project on May 22, 2017, pursuant to Ordinance No. CS 981; and,
WHEREAS, on June 18, 2025, 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, this project is exempt pursuant to the California Environmental Quality Act.
The City Council adopted Resolution No. 2943-17 on May 8, 2017, which certified that project environmental impacts were adequately evaluated in the Ferrari Project Final Program Environmental Impact Report (EIR) State Clearinghouse No. 2014101045, Incorporated herein by reference.; and,
WHEREAS, the proposed amendment to the Development Agreement No. 034-17 would 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 the amendment to Development Agreement No. 034-17, in accordance with Atwater Municipal Code Section 17.44:
Ordinance No. CS 1072 Page 2
1. The proposed Development Agreement Amendment No. 25-07-0100 is consistent with the Atwater General Plan.
2. Pursuant to the California Environmental Quality Act, the City Council adopted Resolution No. 2943-17 on May 8, 2017, which certified that project environmental impacts were adequately evaluated in the Ferrari Project Final Program Environmental Impact Report (EIR) State Clearinghouse No. 2014101045, Incorporated herein by reference.
3. The City and the Owner previously entered into a development agreement (the “Original Development Agreement”) for the Ferrari Ranch Project on May 22, 2017, pursuant to Ordinance No. CS 981
4. The City has since been awarded federal funds to install water and sewer infrastructure, eliminating portions of the developer’s obligation to construct these facilities at its own expense.
5. The City and the Owner now agree to wholly replace the Original Development Agreement dated May 22, 2017, with this Agreement, to reflect these changes and remove certain obligations that are now obsolete.
6. The project will not have a detrimental effect on the health, safety, and welfare of the neighborhood or any adverse effects on the community.
The public hearing for this project has been adequately noticed and advertised.
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. Amended and Restated. The attached amended and restated Development Agreement is hereby made a part of this ordinance and incorporated herein by this reference.
SECTION 3. CEQA. This project is exempt pursuant to the California Environmental Quality Act. The City Council adopted Resolution No. 2943-17 on May 8, 2017, which certified that project environmental impacts were adequately evaluated in the Ferrari Project Final Program Environmental Impact Report (EIR) State Clearinghouse No. 2014101045, Incorporated herein by reference.
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SECTION 4. General Plan. The City Council hereby finds that the adoption of the Ordinance is consistent with the General Plan.
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 6. Publication. The City Clerk is directed to certify to the adoption of this Ordinance and post or publish this Ordinance as required by law.
SECTION 7. 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 8. 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: June 23, 2025
ADOPTED:
AYES:
NOES:
ABSENT:
APPROVED:
__________________________________
MICHAEL G. NELSON, MAYOR
ATTEST:
______________________________
KORY J. BILLINGS, CITY CLERK
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RECORDING REQUESTED BY:
CITY OF ATWATER
When Recorded Mail To:
City Clerk
City of Atwater 750 Bellevue Road
Atwater, CA 95301
Fee Waived per Govt. Code section 27383
Space above this line for Recorder's use
AMENDED AND RESTATED
DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF ATWATER
AND
THE FERRARI RANCH OWNERS
RELATING TO THE
FERRARI RANCH PROJECT
JULY 14, 2025
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AMENDED AND RESTATED
DEVELOPMENT AGREEMENT
BY AND BETWEEN THE CITY OF ATWATER
AND THE FERRARI RANCH OWNERS
RELATING TO THE FERRARI RANCH PROJECT
THIS AMENDED AND RESTATED DEVELOPMENT AGREEMENT (this "Amended and Restated Development Agreement" or this "Agreement") is made and entered into as of July 14, 2025, by and between the City of Atwater, a municipal corporation ("City"), and the parties owning Ferrari Ranch as indicated by their signatures below (such parties cumulatively, "Owner") pursuant to the authority of California Government Code Section 65864 et (City and Owner each are also referred to individually as a "Party" and together as the "Parties.")
RECITALS
A. The City and the Owner previously entered into a development agreement (the "Original Development Agreement") for the Ferrari Ranch Project on May 22, 2017, pursuant to Ordinance No. CS 981.
B. The City has since been awarded federal funds to install water and sewer infrastructure, eliminating portions of the developer's obligation to construct these facilities at its own expense.
C. The City and the Owner now agree to wholly replace the Original Development Agreement dated May 22, 2017, with this Agreement, to reflect these changes and remove certain obligations that are now obsolete.
D. In order to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic costs and risk of development, the Legislature of the State of California enacted California Government Code section 65864 et seq. (the "Development Agreement Statute"), which authorizes City to enter into a development agreement for the development of real property with any person having a legal or equitable interest in such property in order to establish certain development rights in such property. City has not adopted local regulations or procedures for consideration of development agreements, but instead relies on and follows the Development Agreement Statute and the Atwater Municipal Code as applicable.
E. Owner is the legal owner of that certain real property, located in Atwater, California commonly known as Ferrari Ranch, identified as Assessor Parcel Nos. 005-120-045 and 005-120-046, as more particularly described in Exhibit A, attached hereto and incorporated herein by this reference (the "Property").
F. Owner proposes that City authorize use and development of the Property consisting of up to 1,574,990 square feet of commercial uses on 102.5 acres, a medical complex with up to 666,100 square feet of hospital and medical office space on 30.l acres, a storm water detention area on 6.5 acres, and associated infrastructure to serve the Property and the immediate vicinity, with 20.4 acres set aside for a potential regional sports center, all as further described in the Ferrari Ranch Planned Development Master Plan described below (the "Project").
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G. The Property is part of a larger area of land previously annexed to the City of Atwater concurrently with the Property, as shown on Exhibit B attached hereto and incorporated herein by this reference (the "Annexation Area"). The Annexation Area consists of the Property plus an additional approximately 199.3 acres also designated for development but not subject to this Development Agreement.
H. City and Owner's representative entered into a reimbursement agreement dated March 11, 2013, which set forth terms and conditions upon which City would be reimbursed for processing Owner's applications for various discretionary approvals, but without committing City to approve any such applications (the "Processing Agreement"). The Processing Agreement expired upon annexation of the property.
I. On May 8, 2017, the Atwater City Council held a duly noticed public hearing and took the following actions with respect to the Project (collectively, the "Initial Approvals") and then approved the Original Development Agreement:
(1) Environmental Impact Report.
(a) Adopted Resolution No. 2943-17 certifying the Ferrari Project Final Program Environmental Impact Report (SCH No. 2014101045) (the "Project EIR") as adequate under the California Environmental Quality Act (Public Resources Code section 21000 et seq., hereinafter "CEQA") to consider approval of the other Initial Approvals and the Original Development Agreement, and
(b) Adopted Resolution No. 2949-17 (i) adopting findings as required by CEQA supporting certification of the EIR and approval of the Initial Approvals and the Original Development Agreement, including a Statement of Overriding Considerations, and (ii) adopting mitigation measures and a mitigation monitoring and reporting program ("Mitigation Program") to be applied to development of the Property and the overall Annexation Area;
(2) General Plan Amendment. Adopted Resolution No. 2944-17 amending the City of Atwater General Plan (the "General Plan") to allow the uses proposed by Owner on the Property and the overall Annexation Area (the "General Plan Amendment"); (3) Prezoning. Introduced Ordinance No. CS 980 prezoning the Property and the overall Annexation Area to allow the uses proposed by Owner, conditioned and effective upon annexation of the Annexation Area to the City (the "Prezoning"), which Ordinance No. CS 980 at its second reading was adopted by the City Council at a duly noticed public hearing on May 22, 2017 approving the Prezoning;
(4) Agricultural Designation Removal. Adopted Resolution No. 2946-17 removing the "Agricultural Preserve" designation applied by Merced County from the Annexation Area, conditioned and effective upon annexation of the Annexation Area to the City;
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(5) Master Plan. Adopted Resolution No. 2947-17 approving The Ferrari Ranch Planned Development Master Plan designating specified uses and criteria to be applied to the Property to allow development of the Project (the "Ferrari Ranch Planned Development Master Plan" or "Master Plan");
(6) Vesting Tentative Map. Adopted Resolution No. 2948-17 approving Vesting Tentative Map No. VTM 1701 subdividing the Property into parcels for development of the Project (the "Ferrari Ranch Vesting Tentative Map" or "Tentative Map"); and (7) Annexation. Adopted Resolution No. 2945-17 authorizing submission of an application to the Merced County Local Agency Formation Commission ("LAFCO") requesting approval to annex the Annexation Area to the City of Atwater (the "Annexation").
J. The City has determined that no additional environmental impact analysis is necessary under CEQA because this Agreement does not alter the project in any way that affects the Project’s environmental impacts from those impacts previously analyzed in the Project EIR.
K. On June 23, 2025, the Atwater City Council introduced Ordinance No. CS 1072 to approve this Agreement. On July 14, 2025 (the "Approval Date"), the Atwater City Council held a duly noticed public hearing for a second reading of Ordinance No. CS 1072, found the Project EIR continues to be applicable to the Project because this Agreement does not alter the Project’s environmental impacts beyond those analyzed in the Project EIR, and adopted Ordinance No. CS 1072 approving this Agreement and authorizing its execution (the "Approving Ordinance"). As part of the Approving Ordinance, the City Council has made the findings required by the Atwater Municipal Code and the Development Agreement Statute with respect to this Agreement. As required by Government Code section 65867.5, the City Council has found that, among other attributes, this Agreement is consistent with the objectives, policies, general land uses and programs specified in the General Plan, and it has been reviewed and evaluated in accordance with the Development Agreement Statute. As required by Government Code section 65865.5, the City Council has adopted findings and imposed conditions on this Agreement that will provide the required flood protection for the Property.
L. City has determined that the Project implements the goals and policies of the General Plan applicable to the Project and the Property and imposes appropriate standards and requirements with respect to development of the Property as to maintain and improve the overall quality of life and of the environment within and around City. As part of the process of approving the Project and the Project Approvals, the City has in accordance with CEQA undertaken the required analyses of potential environmental effects that could be caused by the Project, and City as part of the Project Approvals has imposed mitigation measures to address anticipated adverse effects.
M. Development of the Property is subject to other future discretionary and nondiscretionary City approvals and permits (collectively, the "Subsequent Approvals") including but not limited to additional subdivision maps and site development review approvals, which if granted by City in accordance with this Agreement shall automatically become part of the Project Approvals for purposes of this Agreement.
N. By entering into this Agreement, in exchange for the benefits it will provide Owner as described herein, City will recognize substantial benefits, including but not limited to the following:
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(1) Ensure the productive use of property and foster orderly growth and quality development in City;
(2) Ensure that development will proceed in accordance with the goals and policies set forth in the General Plan and will implement City's stated General Plan policies; (3) Receive substantially increased property tax revenues; (4) Benefit from increased employment opportunities for residents that are created by the Project and from continued diversification of City's economic base; (5) Benefit from availability of high-quality medical services and sports recreation facilities to be developed in the Project for City's residents; (6) Enhance the image, appearance and identity of City and its primary gateway; (7) Ensure coordination and consistency in subsequent construction on the Property, in terms of land use, architecture, landscaping, site engineering and design, infrastructure and other elements of development;
(8) Ensure construction of required public facilities, improvements and services as and when expected; and
(9) Induce Owner to incur substantial financial and other commitments to provide public infrastructure and amenities by giving Owner the certainty and predictability in the development process provided by this Agreement.
O. By entering into this Agreement, in exchange for providing the benefits to City described herein, Owner will obtain sufficient certainty and predictability in the development process to justify the substantial investments required to plan and develop a Project that will take many years to fully construct, and will be able to proceed with development of the Project in accordance with the Applicable Law (as defined herein) and the Project Approvals, subject to the terms, conditions and exceptions contained herein. This Agreement will promote and encourage development of the Project by providing Owner and any future owners and lenders a greater degree of certainty of the ability to expeditiously and economically complete the development effort.
P. City and Owner have reached agreement and desire to express herein a Development Agreement that will facilitate development of the Project subject to conditions set forth herein. This Agreement is intended to be and should be construed as a development agreement within the meaning of the Development Agreement Statute. City and Owner have taken all actions mandated by and have fulfilled all requirements set forth in the Development Agreement Statute. The consideration to be received by City and the rights secured to Owner pursuant to this Agreement constitute sufficient consideration to support the covenants and agreements of City and Owner herein.
Q. City, by electing to enter into this Agreement, acknowledges that the obligations of City herein shall survive beyond the term or terms of the present City Council members and that such action
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will serve to bind City and future City Councils to the obligations undertaken. By approving this Agreement, the City Council has elected to exercise certain governmental powers at the time of entering into this Agreement rather than deferring its actions to some undetermined future date. The terms and conditions of this Agreement have undergone extensive review by both City and its City Council and have been found to be fair, just and reasonable, and City has concluded that the pursuit of the Project will serve the best interests of its citizens and the public health, safety and welfare will be best served by entering into this obligation.
AGREEMENT
NOW, THEREFORE, with reference to the Recitals above, and in consideration of the mutual promises, obligations and covenants herein contained and other considerations, the value and adequacy of which are hereby acknowledged, City and Owner agree as follows:
1. Definition of Terms. The following capitalized terms are defined where indicated below, which shall apply when the capitalized terms are used in this Agreement:
Administrative Agreement Amendment: See Section 9.1.4.
Administrative Project Amendment: See Section 9.2.1.
Agreement: See Introductory paragraph.
Annexation Area: See Recital G.
Applicable Law: See Section 5.1.
Approval Date: See Recital K.
Approving Ordinance: See Recital K.
Benefitted Properties: See Section 7.2.1.
Benefitting Approvals: See Section 7.2.2.
Benefitting Improvements: See Section 7.2.2 and Exhibit C.
Benefitting Labor Costs: See Section 7.2.2.
CEQA: See Recital I.
City: See Introductory paragraph.
Construction Codes: See Section 5.4.1.
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Cure Period: See Section 11.1.
Development Agreement: See Introductory Paragraph.
Development Agreement Statute: See Recital D.
Development Fees: See Section 5.3.1.
Development Restrictions: See Section 5.7.
Director: See Section 9.1.4.
Effective Date: See Section 4.1.
EIR: See Recital I.
Enforced Delay: See Section 15.9.
Enhanced Infrastructure Financing District or EIF: See Section 7.1.1.
Event of Default: See Section 11.1.
Ferrari Ranch Planned Development Master Plan: See Recital I.
Ferrari Ranch Vesting Tentative Map: See Recital I.
Financing Mechanism: See Section 7.1.1.
General Plan: See Recital I.
General Plan Amendment: See Recital I.
Initial Approvals: See Recital I.
LAFCO: See Recital I.
Local Traffic Improvements: See Section 7.2.5.
Master Plan: See Recital I.
Mitigation Program: See Recital I.
Mortgage: See Section 13.1.
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Mortgagee: See Section 13.1.
New Rules: See Section 5.5.1.
Notice of Default: See Section 11.1.
Notice of Intent to Terminate: See Section 12.2.
Notice of Non-Compliance: See Section 10.4.
Notice of Termination: See Section 12.2.
Offsite Land: See Section 5.12.
Original Development Agreement: See Recital A.
Owner: See Introductory paragraph and signature pages.
Party and Parties: See Introductory paragraph.
PDMP: See Recital F.
Portion: See Section 9.1.3.
Prezoning: See Recital I, 3.
Processing Agreement: See Recital E.
Processing Fees: See Section 5.3.2.
Project: See Recital C.
Project Approvals: See Recital F.
Project-Related Infrastructure: See Section 8.1.
Property: See Recital B.
Regional Traffic Improvements: See Section 7.2.5.
Regional Transportation Impact Fee or RTIF: See Section 5.3.1.
Reimbursable Expenses: See Section 7.2.2.
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Release from Obligations: See Section 12.3.
Sewer Facilities: See Section 8.1.
Storm Drainage Facilities: See Section 8.1.
Subsequent Approvals: See Recital J.
Tentative Map: See Recital F.
Term: See Section 5.2.1.
Transportation Facilities: See Section 8.1.
Transportation Improvement Plan or TIP: See Section 7.2.5 and Exhibit D.
Water Facilities: See Section 8.1.
2. Property and Owner.
2.1 Property. The Property which is the subject of this Development Agreement is described in Recital B.
2.2 Interest of Owner. Owner has a legal or equitable interest in the Property in that it owns the Property in fee simple. Accordingly, this Agreement once executed and effective shall be fully binding and enforceable by the Parties.
3. Relationship of City and Owner.
This Agreement has been negotiated and voluntarily entered into by City and Owner. Owner is not an agent of City, and City is not an agent of Owner. City and Owner hereby renounce the existence of any form of joint venture or partnership between them, and agree that nothing contained herein or in any document executed in connection herewith shall be construed as making City and Owner joint venturers or partners.
4. Effective Date and Term.
4.1 Effective Date. The effective date of this Agreement ("Effective Date") shall be August 13, 2025 which is thirty (30) days after the Approval Date as defined in Recital G. Said date shall function as the Effective Date for purposes of this Agreement.
4.2 Term of Agreement.
The following provisions were established by the Parties as a reasonable estimate of the
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time required to carry out the Project, develop the Property, and obtain the public benefits of the Project. City finds that such time and provisions are reasonably necessary to assure City of realization of the public benefits of the Project.
4.2.1 Term. The term of this Development Agreement (the "Term") shall commence on the Effective Date and shall continue until June 22, 2037, unless otherwise modified, extended or terminated as provided in this Agreement.
4.2.2 Tolling of Term. The Term shall not begin or continue to run during any time that there is litigation or other action challenging this Agreement or any other Project Approval, or challenging or preventing Owner's efforts to implement the Project, or challenging or preventing City or any service provider from taking the actions necessary to develop or occupy the Project, including associated environmental analyses and determinations. The Term shall be extended for the period of time from the date such litigation or other action is commenced until its final conclusion so as to eliminate the challenge or remove the obstacle. By way of illustration but not limitation, in the case of litigation the tolling and extension period shall start upon filing of such litigation and continue until its dismissal or final entry of judgment. Filing of litigation shall not delay or stop the development, construction or occupancy of the Project or processing and approval of any Subsequent Approval unless enjoined by a court of competent jurisdiction, and City shall not stipulate to the issuance of any such order.
4.3 Term of Project Approvals. Pursuant to the Subdivision Map Act (Government Code section 66410 et seq.), and in particular, Government Code section 66452.6(a), the term of any tentative or vesting tentative map, parcel map or vesting parcel map, and subdivision improvement agreement for the Property or any Portion thereof, shall be the longer of (i) the Term of this Agreement (as it may be extended) or (ii) the term of such map otherwise allowed under the Subdivision Map Act and the Municipal Code (as may be extended by changes to such laws during the life of the map).
Pursuant to Government Code section 65863.9, the term of any use permit or other entitlement for development for the Property or any Portion thereof shall be the longer of (i) the Term of this Agreement (as it may be extended), (ii) the term of such permit or entitlement, or (iii) the term of the subdivision or parcel map relating to that portion of the Property that is the subject of the permit or entitlement.
5. Vested Rights/Use of the Property/Applicable Law/Processing.
5.1 Right to Develop. Owner shall have the vested right to develop the Project on the Property in accordance with, and subject only to, the terms and conditions of this Agreement, the Project Approvals (as and when issued), and any amendments to any of them as shall, from time to time, be approved pursuant to this Agreement. For the Term of this Agreement, the City's ordinances, codes, resolutions, rules, regulations and official policies governing the development, construction, subdivision, occupancy and use of the Project and the Property including without limitation the General Plan, the Atwater Municipal Code, and the Master Plan, shall be those that are in force and effect on May 22, 2017 (collectively, the "Applicable Law"). In exercising its discretion when acting upon Subsequent Approvals, City shall apply the Applicable Law as the controlling body of law.
Notwithstanding the foregoing, Owner in its sole discretion may elect to comply with or receive the benefits of changes in Applicable Law by providing written notice to City of said election.
Notwithstanding anything to the contrary contained herein, this Agreement shall not supersede any
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other rights Owner may obtain pursuant to City's approval of the Vesting Map or any other vesting tentative tract map or vesting tentative parcel map for the Project.
5.2 Permitted Uses. The permitted uses of the Property, density and intensity of use of the Property, the maximum height, bulk and size of proposed buildings, the general provisions for reservation or dedication of land for public purposes and for the location and maintenance of on-site and off-site improvements and public utilities, and other terms and conditions of development applicable to the Property, shall be those set forth in the Project Approvals and this Agreement.
5.3 Applicable Fees, Exactions and Dedications.
5.3.1 Development Impact Fees. City may levy those fees, charges, exactions and dedication requirements relative to development of the Property which were in force and effect as of May 22, 2017 (collectively, the "Development Fees"). Unless otherwise set forth in this Agreement, no increase in the amount of Development Fees and no new Development Fees shall be imposed.
Notwithstanding the above:
(a) Adjustments to the Regional Transportation Impact Fee ("RTIF") may be allowed if and when adopted by the City Council or if already specified or authorized in applicable City codes and regulations, so long as the fee as adjusted is applied uniformly to similar development within the City; provided, Owner preserves its right to object to such adjustment for failing to comply with statutory or procedural requirements, including but not limited to nexus standards and CEQA compliance. If City elects to withdraw from the RTIF program and adopt a new local transportation impact fee, the amount of such fee equal to the "return to source" funds the City then was receiving from the RTIF may be levied on future applications for the Project from the time the new fee takes effect, and the entirety of such new City fee may be imposed starting on June 23, 2027. (b) No increase to any other Development Fee shall be allowed prior to June 23, 2027, even if already specified or authorized in applicable City codes and regulations; provided, City may adjust the amount of its different Development Fees from time to time so long as the total of all City Development Fees does not exceed the total in effect as of the Approval Date (e.g., reducing one fee and increasing another fee by the same amount). Beginning on June 23, 2027, new increases to Development Fees and any new Development Fees adopted since the Approval Date may be applied from time to time during the remainder of the Term so long as the fees as adjusted are applied uniformly to similar development within the City; provided, Owner preserves its right to object to such adjustment for failing to comply with statutory or procedural requirements, including but not limited to nexus standards and CEQA compliance.
(c) This Agreement does not limit City's discretion to impose or require payment of fees, dedication of land, or construction of public improvements or facilities in connection with development of the Property that are identified as required to mitigate specific environmental and other impacts of a Subsequent Approval, so long as not inconsistent with the terms and conditions of this Agreement.
(d) Nothing shall restrict the ability of City to impose conditions or fees on the issuance of building permits that lawfully could have been imposed as conditions of approval of an approved tentative map based on a finding that the condition or fee is necessary because
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(i) it is required in order to comply with state or federal law, or (ii) failing to impose the condition or fee would place occupants of the Project or the community in a condition dangerous to their health or safety.
5.3.2 Processing Fees. City may levy those fees and charges adopted for the purpose of defraying City's actual costs incurred for the processing and administration of the Subsequent Approvals and any form of regulatory permit, license, land use entitlement, financing district or mechanism, or other approval related to development, use or occupancy of the Property, or to defray the costs of periodically updating City's plans, policies and procedures, including without limitation the fees and charges referred to in Government Code section 66014 (collectively, the "Processing Fees") which are in force and effect as of May 22, 2017, so long as and to the extent that such fees are applied uniformly to all similar development on a City-wide basis. City may levy new or increased Processing Fees adopted after the Approval Date so long as (a) such fees are applied uniformly to all similar development on a City-wide basis, (b) the application of such fees is prospective, and (c) the application of such fees would not prevent, impose a substantial financial burden on, or materially delay development of the Project in accordance with this Agreement. By so agreeing, Owner does not waive its rights to challenge the legality or amount of any such new or increased Processing Fee.
5.4 Construction Codes.
5.4.1 Uniform Codes Applicable. Notwithstanding the provisions of Section
5.1 above, to the extent Applicable Law includes requirements under the state or locally adopted building, plumbing, mechanical, electrical and fire codes (collectively the "Construction Codes"), the Construction Codes included shall be those in force and effect at the time Owner submits its application for the relevant building, grading, or other construction permits to City; provided, in the event of a conflict between such Construction Codes and the Project Approvals, the Project Approvals shall, to the maximum extent allowed by law, prevail.
5.4.2 Rules for Public Improvements. For construction of public infrastructure, the Construction Codes along with any ordinances, resolutions, rules, regulations and official policies governing design, improvement and construction standards and specifications applicable to such construction shall be those in force and effect at the time of execution of the applicable improvement agreement between City and Owner, or at the time of permit approval if there is no improvement agreement.
5.5 New Rules and Regulations.
5.5.1 During the term of this Agreement, City may apply new or modified ordinances, resolutions, rules, regulations and official policies of the City to the Property which were not in force and effect on the May 22, 2017 ("New Rules"), so long as the New Rules are applied uniformly to similar development on a City-wide basis; provided, however, such New Rules shall be applicable to the Project or the Property only to the extent that such application will not modify, prevent or impede development of the Project or conflict with any of the vested rights granted by this Agreement, the Applicable Law, or the Project Approvals. In addition to any other conflicts that may occur, each of the following New Rules shall be deemed to conflict and may not be applied if it would:
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(a) Cause or impose a substantial financial burden on, or materially delay development of the Property as otherwise contemplated by this Agreement or the Project Approvals;
(b) Frustrate in a more than insignificant way the intent or purpose of the Project Approvals or preclude compliance therewith including, without limitation, by preventing or imposing limits or controls in the rate, timing, phasing or sequencing of development of the Project; (c) Prevent or limit the processing or procuring of Subsequent Approvals;
(d) Reduce the density or intensity of use of the Property as a whole, or otherwise require any reduction in the square footage of, or total number of, proposed improvements;
(e) Restrict the types of uses permitted, in a manner that is inconsistent with or more restrictive than the limitations included in this Agreement and the Master Plan; and/or
(f) If any of such ordinances, resolutions, rules, regulations or official policies do not have general (City-wide) applicability.
5.5.2 Notwithstanding Section 5.5.1, City shall not be precluded from applying any New Rules to the Project or the Property under the following circumstances, where the New Rules are:
(a) Specifically mandated by changes in state or federal laws or regulations adopted after the May 22, 2017 pursuant to Government Code section 65869.5; (b) Specifically mandated by a court of competent jurisdiction taking into consideration the vested rights protection provided by this Agreement and the Development Agreement Statute;
(c) Changes to the Uniform Building Code or similar uniform construction codes, or to City's local construction standards for public improvements so long as such code or standard has been adopted by City and is in effect on a City-wide basis; or (d) Required as a result of facts, events or circumstances presently unknown or unforeseeable that would otherwise have an immediate adverse risk on the health and safety of the surrounding community.
5.6 Flood Protection. In conjunction with filing the initial application for a detailed development plan approval pursuant to Section 17.44.110 of the Atwater Municipal Code, Owner shall prepare and submit a detailed flood study confirming that areas subject to flooding within the Project outside of the Canal Creek channel itself will meet federal, state and local flood control protection standards as of May 22, 2017.
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5.7 Moratorium Not Applicable. Notwithstanding anything to the contrary contained herein, if an ordinance, resolution, policy, directive or other measure is enacted or becomes effective, whether by action of City, by initiative, referendum, or otherwise, and if it imposes a building moratorium, a limit on the rate of development, or a voter-approval requirement which affects all or any part of the Property or Owner's ability to develop the Project (collectively, "Development Restrictions"), City agrees that such Development Restriction shall not apply to the Project, the Property, this Agreement or the Project Approvals unless it is imposed as part of a declaration of a local emergency or state of emergency as defined in Government Code section 8558, provided that to the extent it applies to all or any part of the Project then the Term shall automatically be extended for a period of time equal to the period during which the Development Restriction applies.
5.8 New Taxes and Assessments. No new taxes, assessments or other charges not in force and effect as of May 22, 2017 shall be levied against the Property, the Project or Owner except as specified in this Agreement. No increase in an existing tax, assessment or other charge shall be levied prior to June 23, 2027, even if an increase already is specified or authorized in applicable City codes and regulations. Thereafter, new increases to those taxes, assessments and other charges in force and effect as of May 22, 2017 may be applied during the remainder of the Term so long as the adjustments are applied uniformly to similar development within the City; provided, Owner preserves its right to object to such adjustment for failing to comply with statutory or procedural requirements, including but not limited to nexus standards and CEQA compliance.
5.9 Development of the Project; Phasing; Timing.
5.9.1 No Requirement to Develop. Notwithstanding any provision of this Agreement, City and Owner expressly agree that there is no requirement that Owner must initiate or complete any action, including without limitation development of the Project or any phase of the Project, within any period of time set by City, and City shall not impose such a requirement on any Project Approval or Subsequent Approval except as needed to ensure that necessary infrastructure is completed in an orderly fashion. Nothing in this Agreement is intended to create nor shall it be construed to create any affirmative development obligations to develop the Project at all or in any particular order or manner, or liability in Owner under this Agreement if the development fails to occur. It is the intention of this provision that Owner be able to develop the Property in accordance with its own time schedules and the Project Approvals. City acknowledges that Owner at this time cannot predict when or the rate at which or the order in which phases of the Project will be developed, and City recognizes that many factors affect such actions that may not be within Owner's control, including but not limited to market orientation and demand, interest rates and funding availability, and competition. Nothing in this Agreement shall exempt Owner from completing work required by a subdivision agreement, road improvement agreement or similar agreement in accordance with the terms thereof, nor shall this Section 5.9 affect the term of this Agreement or of any related Project Approvals or Subsequent Approvals.
5.9.2 No Restriction on Timing. City agrees that Owner shall be able to develop in accordance with Owner's own time schedule as such schedule may exist from time to time, and Owner shall determine which part of the Property to develop first, and in what sequence, and at Owner's chosen schedule. In particular, and not in limitation of any of the foregoing, since the California Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Cal. 3d 465, that the failure of the parties therein to consider and expressly provide for the timing of development resulted in a later-adopted initiative restricting the timing of development to prevail over such parties'
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agreement, it is the Parties' intent to avoid that result by acknowledging that Owner shall have the right to develop the Property in such order and at such rate and at such times as Owner deems appropriate within the exercise of its subjective business judgment, and that the timing, rate or sequence of development and occupancy of the Project shall not be restricted or dictated by any means other than as specifically may be recognized in this Agreement.
5.10 Processing and City Discretion.
(a) Nothing in this Agreement shall be construed to limit the authority or obligation of City to hold necessary public hearings, nor to limit the discretion of City or any of its officers or officials with regard to those Subsequent Approvals that require the exercise of discretion by City, provided that such discretion shall be exercised consistent with the vested rights granted by this Agreement, the Applicable Law and the Project Approvals. (b) Owner acknowledges that implementation of the Project will require City's consideration and approval of applications for Subsequent Approvals and that City will complete environmental review in connection with those Subsequent Approvals as required by CEQA and other applicable federal, state and local laws and regulations. City's environmental review of the Subsequent Approvals pursuant to CEQA shall utilize the EIR to the fullest extent permitted by law; provided, however, nothing in this Agreement shall be deemed to limit the legal authority of City to conduct any environmental review required under CEQA or other applicable laws and regulations.
5.11 Regulation by Other Public Agencies. The Parties acknowledge that other public agencies not within City's control may possess authority to regulate aspects of development of the Property, and this Agreement does not limit such authority of other public agencies.
5.12 Eminent Domain. The Parties acknowledge and agree that development of the Project-Related Infrastructure (as defined in Section 8.1) is a critical component of the Project and also will result in key benefits to the community generally. The Parties further acknowledge that fulfilling said obligations may require acquisition of additional land outside the Property. If such acquisition is necessary to develop any aspect of the Project Infrastructure, Owner shall use its best efforts to acquire any and all such land ("Offsite Land"), which shall include: a) paying for and obtaining an appraisal prepared by a qualified Member of the Appraisal Institute (MAI), in connection with acquisition of the Offsite Land; and b) offering to acquire the Offsite Land based on such appraisal. In the event Owner is not successful in acquiring the Offsite Land, City and Owner shall meet and confer to determine: (a) whether the need for the Offsite Land is such that City should consider informally intervening to facilitate said acquisition; (b) whether there may be other feasible means of accomplishing the public objectives at issue such that acquisition of the Offsite Land is no longer needed; and (c) whether it would be appropriate for City to consider using its statutory powers of eminent domain to acquire the Offsite Land. In the event that City determines to use its statutory powers of eminent domain to pursue acquisition of the Offsite Land, Owner shall be responsible for all costs associated therewith.
Notwithstanding the foregoing, neither this Section 5.12 nor any other provision of this Agreement is intended to abrogate City's responsibilities, in the exercise of eminent domain, to satisfy the substantive and procedural requirements of the Eminent Domain Law (California Code of Civil Procedure Part 3, Title 7, Sections 1230.010-1273.050), as amended from time to time. In the event the Offsite Land is not ultimately acquired, either through private acquisition or eminent domain, or in the event that City determines not to pursue eminent domain of the Offsite Land, Owner's obligations in connection with