Packet: December 20, 2017

CITY OF ATWATER CITY COUNCIL AND SUCCESSOR AGENCY TO THE ATWATER REDEVELOPMENT AGENCY

AGENDA

Council Chambers 750 Bellevue Road Atwater, California

January 22, 2018

CALL TO ORDER: 5:00 PM

ROLL CALL: (City Council)

Creighton ____, Raymond ____, Vierra ____, Vineyard ____, Price____

CLOSED SESSION:

Adjourn to Conference Room A

• Pursuant to Government Code Section 54957(b)(1), Public Employee Performance Evaluation – City Attorney (Contract Review for Professional Services)

• Conference with Labor Negotiator – Government Code Section 54957.6. Agency Negotiators: Interim City Manager de Werk and Human Resources Director Del Real; Bargaining Unit: Atwater Police Officers Association

REGULAR SESSION: (Council Chambers) 6:00 PM

CALL TO ORDER:

PLEDGE OF ALLEGIANCE TO THE FLAG:

INVOCATION:

Invocation by Police Chaplain McClellan

ROLL CALL: (City Council/Governing Board)

Creighton ____, Raymond ____, Vierra ____, Vineyard ____, Price____

City Council and Successor Agency to ARA Agenda for Meeting of January 22, 2018 Page 2

MAYOR OR CITY ATTORNEY REPORT OUT FROM CLOSED SESSION:

SUBSEQUENT NEED ITEMS: (The City Clerk shall announce any requests for items requiring immediate action subsequent to the posting of the agenda. Subsequent need items require a two-thirds vote of the members of the City Council present at the meeting.)

APPROVAL OF AGENDA AS POSTED OR AS AMENDED: (This is the time for the City Council to remove items from the agenda or to change the order of the agenda.)

Recommendation: Motion to approve agenda as posted or as amended.

COMMENTS FROM THE PUBLIC:

NOTICE TO THE PUBLIC

At this time any person may comment on any item which is not on the agenda. Please state your name and address for the record. 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.

To comment on an item that is on the agenda, please wait until the item is read for consideration; please limit comments to a maximum of five (5) minutes.

Civility is expected from members of the public during the meeting. For more efficient use of time, disruptive behavior will not be tolerated. While you may not agree with what an individual is saying, please treat everyone with courtesy and respect.

CONSENT CALENDAR:

NOTICE TO THE PUBLIC

Background information has been provided on all matters listed under the Consent Calendar, and these items are considered to be routine. All items under the Consent Calendar are normally approved by one motion. If discussion is requested on any item, that item will be removed from the Consent Calendar for separate action.

WARRANTS:

1. January 22, 2018

Recommendation: Approval of warrants as listed.

MINUTES: (City Council)

2. Special meeting, January 8, 2018

Recommendation: Approval of minutes as listed.

AGREEMENTS:

3. Resolution approving Agreement for Special Services with Merced County for law enforcement communication services (Police Chief Joseph) City Council and Successor Agency to ARA Agenda for Meeting of January 22, 2018 Page 3

Recommendation: Adoption of Resolution No. 3004-18 approving an Agreement for Special Services, in a form approved by the City Attorney, with Merced County, in an amount not to exceed $40,800, for law enforcement communication services, and authorizes and directs the Interim City Manager to execute the Agreement on behalf of the City.

4. Approving Professional Services Agreement with Rosenow Spevacek Group, Inc. (“RSG”) for Fiscal Year 2018/19 for Successor Agency consulting services (Interim Community Development Director Waterman)

Recommendation: Approval of Professional Services Agreement, in a form approved by the City Attorney, for FY 2018/19 Successor Agency consulting services to RSG, Inc. of Santa Ana, California in an amount not to exceed $25,000; and authorizes and directs the Interim City Manager to execute the Agreement on behalf of the City.

RESOLUTIONS:

5. Declaring the City’s intent to convey City owned real property located at 3116 Virginia Street and setting a public hearing for February 12, 2018 (Interim Community Development Director Waterman)

Recommendation: Adoption of Resolution No. 3003-17 declaring the City’s intent to convey City owned real property located at 3116 Virginia Street, Assessor’s Parcel No. 150-065-010, and sets a public hearing for February 12, 2018.

PETITIONS AND COMMUNICATIONS:

6. Request from Valley Children’s Hospital for Annual Kids Day Fundraiser

Recommendation: Approval of request from Valley Children’s Hospital to hold their 31st Annual Kids Day Newspaper Sales at various locations within the city limits of the City of Atwater on March 6, 2018 from 5:00 AM through 3:00 PM.

INFORMATIONAL ITEMS ONLY (NO ACTION REQUIRED):

7. Police Volunteer activities for the month of December, 2017 (Police Volunteer Vineyard)

FUNDING AND BUDGET MATTERS:

8. Treasurer’s Report for the month of December, 2017 (City Treasurer Heller)

City Council and Successor Agency to ARA Agenda for Meeting of January 22, 2018 Page 4

Recommendation: Motion to approve the Treasurer’s Report for the month of December, 2017.

PUBLIC HEARINGS:

9. Waiving the first reading and introducing Ordinance No. CS 992 amending Chapter 12.32 of the Atwater Municipal Code entitled “Trees;” and adopting Resolution 3000-17 Urban Forest Tree Master Plan (Interim Community Development Director Waterman)

Recommendation: Open the public hearing and receive any testimony given regarding Ordinance No. CS 992; and

Motion to waive the first reading and introduce Ordinance No. CS 992 amending Chapter 12.32 of the Atwater Municipal Code entitled “Trees;” and to adopt Resolution No. 3000-17 adopting the 2018 Urban Forest Tree Master Plan; or

Motion to approve the recommendation as presented.

INTERIM CITY MANAGER REPORTS/UPDATES:

10. Verbal report regarding potential restructuring of the Community Development and Resources Commission

11. Request for a POST-level background investigation of Interim City Manager

Recommendation: That the City Council, by motion, authorize and direct the City Attorney to retain an independent firm or organization to conduct an employment POST-level background investigation of Interim City Manager de Werk.

CITY COUNCIL MATTERS:

12. City Council comments

ADJOURNMENT:

City Council and Successor Agency to ARA Agenda for Meeting of January 22, 2018 Page 5

CERTIFICATION:

I, Don Hyler III, City Clerk/Board Secretary 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.

______/s/ Don Hyler III______DON HYLER III, CITY CLERK/BOARD SECRETARY

AB 23 NOTICE: Pursuant to Government Code Section 54952.3, City Council is not receiving additional compensation for serving as members of the Fire Protection District or as Successor Agency to the Atwater Redevelopment Agency.

SB 343 NOTICE In accordance with California Government Code Section 54957.5, any writing or document that is a public record, relates to an open session agenda item and is distributed less than 72 hours prior to a regular meeting will be made available for public inspection in the office of the City Clerk at City Hall during normal business hours at 750 Bellevue Road.

If, however, the document or writing is not distributed until the regular meeting to which it relates, then the document or writing will be made available to the public at the location of the meeting, as listed on this agenda at 750 Bellevue Road.

CITY OF ATWATER CITY COUNCIL AND SUCCESSOR AGENCY TO THE ATWATER REDEVELOPMENT AGENCY

AGENDA

Council Chambers 750 Bellevue Road Atwater, California

January 22, 2018

CALL TO ORDER: 5:00 PM

ROLL CALL: (City Council)

Creighton ____, Raymond ____, Vierra ____, Vineyard ____, Price____

CLOSED SESSION:

Adjourn to Conference Room A

• Pursuant to Government Code Section 54957(b)(1), Public Employee Performance Evaluation – City Attorney (Contract Review for Professional Services)

REGULAR SESSION: (Council Chambers) 6:00 PM

CALL TO ORDER:

PLEDGE OF ALLEGIANCE TO THE FLAG:

INVOCATION:

Invocation by Police Chaplain McClellan

ROLL CALL: (City Council/Governing Board)

Creighton ____, Raymond ____, Vierra ____, Vineyard ____, Price____

City Council and Successor Agency to ARA Agenda for Meeting of January 22, 2018 Page 2

MAYOR OR CITY ATTORNEY REPORT OUT FROM CLOSED SESSION:

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.)

Recommendation: Motion to approve agenda as posted or as amended.

COMMENTS FROM THE PUBLIC:

NOTICE TO THE PUBLIC

To comment on an item that is on the agenda, please wait until the item is read for consideration; please limit comments to a maximum of five (5) minutes.

CONSENT CALENDAR:

NOTICE TO THE PUBLIC

WARRANTS:

1. January 22, 2018

Recommendation: Approval of warrants as listed.

MINUTES: (City Council)

2. Special meeting, January 8, 2018

Recommendation: Approval of minutes as listed.

AGREEMENTS:

RESOLUTIONS:

PETITIONS AND COMMUNICATIONS:

6. Request from Valley Children’s Hospital for Annual Kids Day Fundraiser

INFORMATIONAL ITEMS ONLY (NO ACTION REQUIRED):

7. Police Volunteer activities for the month of December, 2017 (Police Volunteer Vineyard)

FUNDING AND BUDGET MATTERS:

8. Treasurer’s Report for the month of December, 2017 (City Treasurer Heller)

City Council and Successor Agency to ARA Agenda for Meeting of January 22, 2018 Page 4

Recommendation: Motion to approve the Treasurer’s Report for the month of December, 2017.

PUBLIC HEARINGS:

Recommendation: Open the public hearing and receive any testimony given regarding Ordinance No. CS 992; and

Motion to approve the recommendation as presented.

INTERIM CITY MANAGER REPORTS/UPDATES:

10. Verbal report regarding potential restructuring of the Community Development and Resources Commission

11. Request for a POST-level background investigation of Interim City Manager

CITY COUNCIL MATTERS:

12. City Council comments

ADJOURNMENT:

City Council and Successor Agency to ARA Agenda for Meeting of January 22, 2018 Page 5

CERTIFICATION:

I, Don Hyler III, City Clerk/Board Secretary 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.

______DON HYLER III CITY CLERK/BOARD SECRETARY

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 357-6205. You may also send the request by email to [email protected]. ~ January 2018 ~ Sunday Monday Tuesday Wednesday Thursday Friday Saturday 123456 City Holiday City Holiday Special Community New Year's Day New Year's Development & City Hall closed Resources Commission Meeting - 5:30 PM

7 8 9 10 11 12 13 Special City Council Meeting - 4:00 PM City Hall closed City Council Meeting - 6:00 PM

14 15 16 17 18 19 20 City Holiday Community Development Martin Luther King, Jr. Day & Resources Commission City Hall closed Observed Meeting - 6:00 PM Trash pppyick up delayed 1 day 21 22 23 24 25 26 27 Audit & Finance 4 pm SPECIAL CC MTG Merced County District 3 Committee Meeting - CLOSED SESSION Supervisor McDaniel City Hall closed 4:00 PM "Mobile" Office Hours - City Council Meeting - 1:30 - 3:30 PM 6:00 PM 28 29 30 31 Notes:

~ February 2018 ~ Sunday Monday Tuesday Wednesday Thursday Friday Saturday 123

City Hall closed

45678910

City Hall closed

11 12 13 14 15 16 17 City Council Meeting - 6:00 PM City Hall closed

18 19 20 21 22 23 24 City Holiday Community Development Merced County District 3 President's Day & Resources Commission Supervisor McDaniel City Hall closed Observed Meeting - 6:00 PM "Mobile" Office Hours - Trash pick up delayed 1:30 - 3:30 PM 1 day 25 26 27 28 Notes: Audit & Finance Committee Meeting - 4:00 PM City Council Meeting - 6:00 PM WARRANTS SUMMARY FOR JANUARY 22,2Ot7

TOTAL OF WARRANTS (FROM WARRANT REPORT) 5 t,648,322.73 ADDITIONAL WARRANTS (THESE AMOUNTS ARE NOT TNCLUDED tN TOTAL WARRANTS)

DATE DESCRIPTION AMOUNT t2/20/2OL7 Prewrittens included in this current warrant run. 5 99,2L2.48) t2 / 29 / 2OL7 Reti ree Med ica I Reim bu rsement{AN UARy 2OI7 S28,288.55 Ll4/2OI8 PERS Retirement EFT L2/L4/L7 - t2/27 /I7 539,454.67 LZ / 21/ 2017 PERS Reti re ment E FT lt / 30 / 17 -L2/ t3 / 17 S39,312.13 L/s/2018 PERS Health - JAN 201-8 S88,09i..89 L2/27 /2077 AFLAC-DEC 2017 s763.40 t2 / t/2017 Dental Claims/Admin.-DEC 20i.7 s 11,097.34 TOTAL ADDITIONAL WARRANTS :S 187,795.50 GRAND TOTAL OF WARRANTS PAID ======Si.,836,1i_8.23

TNFORMATTONAL ONLy ( TNCLUDED tN THE TOTAL WARRANTS TOTAL)

DATE DESCRIPTION AMOUNT I2/2L/2OL7 Net Payroll $t57,o92.77 S2i.0,636.49 t2 I 21./ 2OI7 Fede ra I Taxes S48,439.20 L2/21,/2OL7 State Taxes S5,114.52 LZ / 21,/ 2Ot7 Payroll Ded uctions S2,045.54

tl4/20L8 Net Payroll 5r47,2O9.7O 5203,362.97 Ll4/2Ot8 Federal Taxes S50,739.08 Ll4/20!8 State Taxes 5s,4L4.79 Ll4/2Ot8 Payroll Deductions s1,993.58

TOTAL I N FORMATIONAL WARRANTS 5418,038.58

EASURER Accounts Payable Checks for Approval A'ffiräter User: jdaniel {omnnmit_v Pri¡Ic ('it.v ,t'i¿lc Printed: llIT/2018 - l:50 PM { rt1¡,rr\ \\¿ns ï60 EÊlþur^E Rrd. Amffir c.As6tç1

Check Number Check Date Fund Name Account Name Vendor Name Void Amount

7207t t2/2012017 General Fund Youth Flag Football BROCK M. PISACCO 210.00 72071 t2/2012017 General Fund Youth Flag Football BROCK M. PISACCO 45.00

Check Total: 2s5.00 72072 t2l27 t20t'l General Fund Miscellaneous Union Dues AFSCME DISTRICT COUNCIL 57 758.46

Check Total: 7s8.46 72073 t2127t201',1 General Fund Miscellaneous Union Dues FAMILYHOUSE INC 20.'18 72073 12127/2017 General Fund Miscellaneous Union Dues FAMILY HOUSE INC 20.78

Check Total 41.56 720'14 1212',7/20t7 General Fund Garnishments FRANCHISETAX BOARD 304.00

Check Total: 304.00 72075 12127 t2017 General Fund Gamishments MERCED COUNTY SHERIFF'S OFFICE 150.00

Check Totai: 150.00 '72076 1212712017 General Fund Pre-Paid Legal PRE-PAID LEGAL SERVICES 28.91

Check Total 28.91 '72077 t2/2',7/20t7 General Fund Garnishments STATE DISBURSEMENT UNIT 712.6r

Check Total: 712.61 72078 t2/27t2017 General Fund Deferred Compensation VANTAGEPOINT TRANSFER AGT-457 50.00

Check Total: 50.00 72079 12/2112017 Employee Benefits Fund Health Insurance, Retirees RAMONABLAKE 2fi.07

Check Total 211.07 72080 12/2712017 Employee Benefits Fund Health Insurance, Retirees DAVIDCHURCH 67r.99

AP-Checks forApproval (lll7l20l8 - 1:50 PM) Page I Check Number Check Date Fund Name Account Name Vendor Name Void Amount

Check Total ó0.00 72094 01/08/20 l 8 General Fund Uniform & Clothing Expense DAVID WALKER 300.00

Check Total: 300.00 7209s 01/0912018 General Fund Professional Services BOB MURRAY& ASSOCIATES 9,292.38

Check Total 9,292.38

72096 01109120t8 Gene¡al Fund Girls Volleyball DYLANJENNINGS 72.O0

Check Total: 72.00 72097 01/09120t8 General Fund Girls Volleyball AMOSAM. MASANIAI 102.00

Check Total: 102.00 72098 0t/0912018 General Fund Girls Volleyball KAYLAURRUTIA 72.00

Check Total: 72.00 72099 0t/t9120t8 Gene¡al Fund Girls Volleyball RICHARDA. ZAMARRIPA 102.00

Check Total: 102.00

Report Total: 19,212.48

AP-Checks forApproval (lll7l20l8 - l:50 PM) Page 3 Accounts Payable Checks for Approval Aii{äter (: User: jdaniel {= onnnmi t v P ri dc i t-vl-¡}' i ¿. P¡inted: 111712018 - l:52 PM ïFO Edþul,x RDd, ffù$ffir CASFæl

Check Number Check Date Fund Name Account Name Vendor Name Void Amounf

72100 0112212018 Intemal Service Fund Professional Services A& ALOCKSMITH 124.O0

Check Total: 124.00 ,rro, / 0112212018 Sewer Enterprise Fund Rents & Leases A& APORTABLES, INC. 224.95

Check Total: 224.9s ,rror/ 01/22t2018 General Fund Offrce Supplies ABS PRESORT, INC. 706.58

Check Total: 706.5tì 72t03/ 0l/2212018 Sanitation Enterprise Solid Waste Collectn/Disposal ALLIED WASTE SERVICES #917 209,710.35

Check Total: 209,710.35 nrcl 0r/22120r8 General Fund P¡ofessional Services ALLIED WEST PRINTING l5 1 ,00

Check Total: 151.00 72105/ 0t/2212018 General Fund Towing Fees ALLWAYS TOWING, L.L.C. 200.00 72t05 0I/2212018 General Fund Towing Fees ALLWAYS TOWING, L.L.C. 200.00 72105 01t22120t8 General Fund Towing Fees ALLWAYS TOWING, L.L.C. 200.00 72t05 0l/2212018 General Fund Towing Fees ALLWAYS TOWING, L.L.C. 200.00 72105 0t/22120t8 General Fund Towing Fees ALLWAYS TOWINC, L.L.C. 200.00

Check Total: 1,000.00 72106/ 0l/22/20t8 Emptoyee Benefrts Fund Health Insurance, Retirees AMERICAN REPUBLIC 424.89

Check Total: 424.89 72107 01122/2018 Sewer Enterprise Fund Special Departmental Expense APPLIED INDUSTRIAL TECH. 377.99 '7210'7 0v22t20t8 Internal Service Fund Special Departmental Expense APPLIED INDUSTRIAL TECH. 4.77

Check Total: 382.76 72108 0U22/2018 General Fund Cor¡rrunications AT andT l10.59 72108 0U22/2018 Northwood Village LD Communications AT and T 18.25 72108 otl22/2018 Meadow View LD Communications AT and T 20.50

AP-Checks forApproval (lll7l20l8 - l:52 PM) Page I Check Number Check Date Fund Name Account Name Vendor Name Void Amount

72117 01122/2018 Gas Tax/Sheet Improvement Unifonn & Clothing Expense BOOTBARN s9.53

Check Total: 182.65 721t8 0t/22/20tf| General Fund Girls Volleyball AUSTINBURRIS 36.00

Check Total: 36.00 '7211 ,/ 01/22120t8 Section 125 Medical Deposits Section 125 SAMUEL BURRIS 492.00

Check Total: 492.00 72120,/ 0t/2212018 Internal Service Fund Operations & Maintenance BURTON'S FIRE, INC. 22.06 72120 01/22120t8 Internal Service Fund Operations & Maintenance BURTON'S FIRE, INC. 8,062.9J

Check Total: 8,084.99 7212 01/2212018 General Fund Reserve Fire Fighter Program CASCADE FIRE EQUIPMENT CO. 86.60

Check Total: 86.60 72n21 0t/2212018 Internal Service Fund Special Departmental Expense CENTRAL SANITARY SUPPLY 1,116,6ó 72122 01/2212018 Intemal Service Fund Special Departmental Expense CENTRAL SANITARY SUPPLY 754.75 72122 0112212018 Intemal Service Fund Special Departmental Expense CENTRAL SANITARY SUPPLY 42.61

Check Total: 1,9t4.02 721 01/2212018 Water Enterprise Fund Special Departmental Expense CHEM QUIP, INC. -r 50.00 72123 01/2212018 Water Enterprise Fund Special Departmental Expense CHEM QUIP, INC. 1,406.28

Check Total: 1,256.2t4 72124/ 01/2212018 Intemal Service Fund Operations & Maintenance CHEVRON USA INC. 67.02

Check Total: 67.02 72t25 ot/221201L General Fund Special Departmental Expense CHIEF SUPPLY 4,237.35

Check Total: 4,237.35

7212/ 0l/2212018 Internal Service Fund Professional Services COLEMAN HEATING & A/C r 83.87 72t26 0I/22120t8 Internal Service Fund Professional Services COLEMAN HEATING & A/C 200.00 72126 0t/22/20t8 Internal Service Fund Professional Services COLEMAN HEATING & A/C 178.61 72126 0t/22/2018 Internal Service Fund Professional Services COLEMAN HEATING & A/C 180.00 72126 0l/22120t8 Internal Service Fund Special Departmental Expense COLEMAN HEATING & A/C 64r.tl 72126 0U22t20t8 Intemal Service Fund Professional Services COLEMAN HEATING & A/C 218.00 72126 01/2212018 Internal Service Fund Special Departmental Expense COLEMAN HEATING & A/C 238.50 72t26 0t122/2018 Internal Service Fund Professional Services COLEMAN HEATING & A/C I85.00 72126 01/2212018 Intemal Service Fund Professional Services COLEMAN HEATING & A/C 135.00 72126 01122/20t8 Internal Serwice Fund Professional Services COLEMAN HEATING & A/C 196.00

AP-Checks forApproval (lll7l20l8 - l:52 PM) Page 3 Check Number Check Date Fund Name Account Name Vendor Name Void Amount

7213s / 0U22/2018 General Fund Cor¡munications DELTAWIRELESS & NETWORK SOLUTIONS 1,490.00

Check Total: 2,15'7 .71 72t36 0t/22/2018 General Fund Professional Services DEPT OF HOUSING & COMM, DEVELOPMENT 65,761.00 72t36 0U22/20t8 General Fund Professional Services DEPT OF HOUSING & COMM. DEVELOPMENT 245.O0

Check Total 66,006.00 72137 01122/20ltl General Fund Professional Services DEPT. OF ruSTICE 242.00 72137 0t/22/20t8 General Fund Special Departmental Expense DEPT. OF JUSTICE 352.00

Check Total: 594.00 721 0r/22120t8 General Fund Professional Services DEPT.OF FORESTRY& FTRE PROTECTION 689,606.94

Check Total 689,606.94 721 01/2212018 General Fund Uniform & Clothing Expense DIAMOND PRINTS 354.50

Check Total: 354.50 72 t40/ 0U22t20t8 General Fund SB ll86 Fees-Business License DIVISION OF THE STATEARCHITECT 500.00 72140 01122/2018 General Fund SB I 186 Fees-Business License DIVISION OF THE STATEARCHITECT -350.00

Check Total: 150.00 7214t 0l/22/2018 General Fund Professional Services MARTIN DURAN 235.00 72141 01122/20t8 General Fund Professional Services MARTIN DURAN 300.00

Check Total: 535.00 721 01122/2018 Water Fund Capital Replacement Well Control Panel Upgrade ELECTRIC DRIVES, INC 865.00

Check Total: 865.00

72143/ 0|22/20t8 Water Enterprise Fund Professional Services ELITE BUSINESS SERVICES 3 5.18 72143 01122/2018 Sewer Enterprise Fund Professional Services ELITE BUSINESS SERVICES 35.1 8

Check Total: 70.36 72144 / 01122/2018 Intemal Service Fund Professional Services EMERGENCY VEHICLE OUTFITTERS 250.00

Check Total: 250.00

72t4s/ 0112212018 Gas Tax/Street Improvement Professional Services ENVIRONMENTAL COMPLIANCE RESOURCE! 80.63 72r4s oU22/2018 General Fund P¡ofessional Services ENVIRONMENTAL COMPLIANCE RESOURCEÍ 3,171.25 72145 0v2212018 Price Annexation LMA Professional Services ENVIRONMENTAL COMPLIANCE RESOURCEÍ 161.25 72145 01122/2018 Bell Crossing LD Professional Services ENVIRONMENTAL COMPLIANCE RESOURCEÍ 215.00

Check Total: 3,628.r3

AP-Checks forApproval (lll7l20l8 - 1:52 PM) Page 5 Check Number Check Date Fund Name Account Name Vendor Name Void Amounf

Check Total: 150.00 72155 0t/22t2018 Intemal Service Fund Professional Services JACK'S R BETTER INC. 50.00 72r55 0|2212018 Intemal Service Fund P¡ofessional Services JACK'S R BETTER INC. 50.00 72155 0v22t20t8 Intemal Service Fund Professional Services JACK'S R BETTER INC. s0.00 72155 0U22/2018 Intemal Service Fund Operations & Maintenance JACK'S R BETTER INC. 63.75 72155 0U22/2018 Inte¡nal Service Fund Operations & Maintenance JACK'S R BETTER INC. 233.98 72t5s 0U22/20t8 Internal Service Fund Professional Services JACK'S R BETTER INC. 50.00 72155 0l/22/2018 Internal Service Fund Professional Services JACK'S R BETTER INC. 50.00 72155 0U22/20t8 Internal Service Fund Professional Services JACK'S R BETTER INC. 50.00 72155 01/22/2018 Intemal Service Fund Professional Services JACK'S R BETTER INC. 50.00 72155 01/22120t8 Internal Service Fund Professional Services JACK'S R BETTER INC. 50.00 72155 0r/2212018 Internal Service Fund Professional Services JACK'S R BETTER INC. 50.00 72155 01/22t20t8 Intemal Service Fund Professional Services JACK'S R BETTER INC. 50.00 '72t55 01122t2018 Internal Service Fund Professional Services JACK'S R BETTER INC. 177.20 72155 0t12212018 Internal Service Fund Professional Services JACK'S R BETTER INC. 113.00

Check Total: t,087.93 72156./ \llzzlzr¡t| Risk Management Fund Professional Services JACKSON LEWIS P.C. 85.50

Check Total: 85.50 721 0l/2212018 GasTax/Streetlmprovement Special Departmental Expense JAM SERVICES, INC. 484.96

Check Total: 484.96 72t58 0r/2212018 General Fund Girls Volleyball DYLAN JENNINGS 72.00

Check Total: 72.00 72ts/ 01/22t20t8 Sewer Enterprise Fund Special Departmental Expense KELLOGG'S SUPPLY 220.13 '12t59 0112212018 Water Enterprise Fund Special Departmental Expense KELLOGG'S SUPPLY 44.58 '72159 0112212018 Gas TaxlStreet lmprovement Special Departmental Expense KELLOGG'S SUPPLY t'l0.70 '72t59 01/2212018 Internal Service Fund Special Departmental Expense KELLOGG'S SUPPLY 18.05

Check Total: 453.46 72160/ 0t/2212018 General Fund Special Departmental Expense L&L SIGNS 25.00

Check Total: 25.00 72t6 0r/2212018 Internal Service Fund Operations & Maintenance LATTA'S AUTO SUPPLY 74.68 7216t 01/2212018 Intemal Service Fund Operations & Maintenance LATTA'S AUTO SUPPLY 25.19

Check Total: 99.87 72ß21 01/2212018 General Fund Special Departmental Expense LEAVEYOURMARK! 89.75 72162 0l/2212018 General Fund Special Departmental Expense LEAVEYOURMARK! 73.19

AP-Checks forApproval (lll7l20l8 - 1:52 PM) Page 7 Check Number Check Date Fund Name Account Name Vendor Name Void Amount

72169 01/22t2018 Bell Crossing LD Utilities MERCED IRRIGATION DISTRICT 256.04 12t69 01/2212018 Bell Crossing LNDSCP Utilities MERCED IRRIGATION DISTRICT 16.09 72r69 01122120r8 Atwater South LD utilities MERCED IRRIGAIION DISTRICT 3 19.98 72t69 0112212018 Mello Ranch 2 LD Utilities MERCED IRRIGATION DISTRICT 488.47 72169 0112212018 Meadow View LD Utilities MERCED IRRIGATION DISTRICT 385.36 72169 0U22/20t8 Aspenwood LD Utilities MERCED IRRIGATION DISTRICT l5 1.82 72t69 0U2212018 Applegate Ranch LD Utilities MERCED IRRIGATION DISTRICT 266.55 72t69 01122/2018 Applegate Ranch Lndscp Utilities MERCED IRRIGATION DISTRICT 16.09 72169 0t122t2018 Water Enterprise Fund Utilities MERCED IRRIGATION DISTRICT 9.13 72169 01122/2018 Sewer Enterprise Fund Utilities MERCED IRRIGATION DISTRICT 216.46 72169 0U22/2018 Sewer Enterprise Fund Utilities MERCED IRRIGATION DISTRICT 3,248.3t 72169 0U22/2018 Sewer Enterprise Fund Utilities MERCED IRRIGATION DISTRICT t52.46 72t69 0U22t2018 Sewer Enterprise Fund Utilities MERCED IRRIGATION DISTRICT 3,001.47

Check Total: 10,636.90 72170 01122t20t8 General Fund Special Departmental Expense MERCED MEDICAL SUPPLY 85.00 72170 0U2212018 General Fund Special Departmental Expense MERCED MEDICAL SUPPLY 24.04

Check Total 109.00 72T7 T 0U22/2018 Internal Service Fund Operations & Maintenance MERCED TRUCK & TRAILER INC. 1r4.36 7217 I 0v2212018 Internal Service Fund Operations & Maintenance MERCED TRUCK & TRAILER INC. 16.08 7217 I 0112212018 Internal Service Fund Operations & Maintenance MERCED TRUCK & TRAILER INC. 64.76 7217 T 0|22/2018 Internal Service Fund Operations & Maintenance MERCED TRUCK & TRAILER INC, 10.95

Check Total: 206.15 72n2 0U22/2018 General Fund Uniform & Clothing Expense MERCED IJNIFORM 22'7.05 72t72 0U22/2018 General Fund Uniform & Clothing Expense MERCED UNIFORM 140.67 72t72 0U2212018 General Fund Uniform & Clothing Expense MERCED TINIFORM 64.90 72172 0U22/2018 General Fund Uniform & Clothing Expense MERCED TINIFORM 271.44 72r72 0v22/2018 General Fund Uniform & Clothing Expense MERCED UNIFORM t49.22 12172 0U2212018 General Fund Uniforrn & Clothing Expense MERCED UNIFORM 202.27 12172 0U2212018 General Fund Uniform & Clothing Expense MERCED UNIFORM l3't.32

Check Total: t,t92.87 721 73/ 0U2212018 Measure V Fund Winton Way Road Improvements MID VALLEY ENGINEERING 2,600.00

Check Total: 2,600.00 72r'14 / 01t2212018 Gene¡al Fund P¡ofessional Services ED MOLES, PH.D. 400.00

Check Total: 400.00 721 01/22120t8 General Fund Professional Services MONTE VISTA SMALLANIMAL HOSPITAL 20s.00 72175 0t/2212018 General Fund P¡ofessional Servìces MONTE VISTA SMALLANIMAL HOSPITAL 20.00

AP-Checks forApproval (lll7l20I8 - l:52 PM) Page 9 Check Number Check Date Fund Name Account Name Vendor Name Void Amount

72r83 01/22t2018 Internal Service Fund Operations & Maintenance O'REILLYAUTO PARTS 30.05 72183 01/22t20t8 Intemal Service Fund Operations & Maintenance O'REILLYAUTO PARTS 30.05 72183 0t/2212018 Internal Service Fund Operations & Maintenance O'REILLYAUTO PARTS 120.50 72t83 0112212018 Intemal Service Fund Operations & Maintenance O'REILLYAUTO PARTS 531.20 72183 0U22t2018 Intemal Service Fund Operations & Maintenance O'REILLYAUTO PARTS 49.67 72r83 0U22/2018 Inte¡nal Service Fund Operations & Maintenance O'REILLYAUTO PARTS 80.62 72t83 0U22/2018 Intemal Service Fund Operations & Maintenance O'REILLYAUTO PARTS 29.97 72183 0U22t2018 Sewer Enterprise Fund Special Departmental Expense O'REILLYAUTO PARTS 12.64 72r83 0L/22/2018 Internal Service Fund Operations & Maintenance O'REILLYAUTO PARTS 30.60 72183 0U22/2018 Internal Service Fund Operations & Maintenance O'REILLYAUTO PARTS 3 1.40 72t83 0U22/2018 Intemal Sewice Fund Operations & Maintenance O'REILLYAUTO PARTS 45.03 72t83 0U22/201t1 Sewer Enterprise Fund Special Departmental Expense O'R-EILLYAUTO PARTS 25.3t 12t83 0U22/2018 Intemal Service Fund Operations & Maintenance O'REILLYAUTO PARTS 324.73 72t83 0U22/2018 Intemal Service Fund Operations & Maintenance O'REILLYAUTO PARTS 649.46 72183 0|22/20t8 Internal Service Fund Operations & Maintenance O'REILLYAUTO PARTS 6.57 721,83 0t/22/20t8 Internal Service Fund Operations & Maintenance O'REILLYAUTO PARTS 0.'il 72183 0t/22/2018 Intemal Service Fund Operations & Maintenance O'REILLYAUTO PARTS 8.65 72183 0r/22/20r8 Internal Service Fund Operations & Maintenance O'REILLYAUTO PARTS 5.94 72t83 0U2212018 Internal Service Fund Operations & Maintenance O'REILLYAUTO PARTS 114.37 72183 0t/22120t8 Internal Service Fund Operations & Maintenance O'REILLYAUTO PARTS 21.64 72183 0t/22t2018 Internal Service Fund Operations & Maintenance O'REILLYAUTO PARTS 2s.55 72183 01122/2018 Internal Service Fund Operations & Maintenance O'REILLYAUTO PARTS 139.53 72183 0l/22/2018 Intemal Service Fund Operations & Maintenance O'REILLYAUTO PARTS 338. I 8 72183 0t/22/20r8 Intemal Service Fund Operations & Maintenance O'REILLYAUTO PARTS 42.19 72183 0t/22/20t8 Internal Service Fund Operations & Maintenance O'REILLYAUTO PARTS 6.8 t 72183 0t/2212018 Internal Service Fund Operations & Maintenance O'REILLYAUTO PARTS 747.70 72183 0r/22120r8 Internal Service Fund Operations & Maintenance O'REILLYAUTO PARTS -132.00 72183 01/22/2018 Internal Service Fund Operations & Maintenance O'REILLYAUTO PARTS 17.08

Check Total 3,669.26 72fi.4/ 0r/22120t8 Internal Service Fund uriliries PACIFIC GAS & ELECTRIC 3,375.90 72184 01/22120t8 Internal Service Fund Utilities PACIFIC GAS & ELECTRIC 9'72.30 72184 01122/20t8 General Fund Utilities PACIFIC GAS & ELECTRIC 779.82 72t84 0r/22/20t8 General Fund Utilities PACIFIC GAS & ELECTRIC 1,283.90 72184 0l/22/20t8 General Fund urililies PACIFIC GAS & ELECTRIC 23.66 72184 01/22/2018 Water Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 12,045.07 72184 0r/22120t8 Gas Tax/Street Improvement Utilities PACIFIC GAS & ELECTRIC 13,483.34 72184 01/2212018 Gas Tax/Street Improvement uriliries PACIFIC GAS & ELECTRIC 235.89 72184 0t/2212018 Sewer Enterprise Fund Utilities PACIFIC GAS & ELECTRIC I,941 .21 72184 0t/2212018 General Fund Utilities PACIFIC GAS & ELECTRIC 109.91 72184 0l/22/2018 General Fund Utilities PACIFIC GAS & ELECTRIC 38.46 72184 01/22/20t8 General Fund Utilities PACIFIC GAS & ELECTRIC 2,212.73 72184 0U2212018 Northwood Village LD Utilities PACIFIC GAS & ELECTRIC 42L4r

AP-Checks forApproval (111712018 1:52 PM) - Page 1 I Check Number Check Date Fund Name Account Name Vendor Name Void Amount

Check Total: 10,163.00 72t9 / 0112212018 General Fund Professional Services RANK INVESTIGATION AND PROTECTION IN( 1,755.00

Check Total: 1,755.00 72ts2/ 0U22/2018 General Fund Rents & Leases RAYMORGAN COMPANY 366.',|7 72192 0U2212018 General Fund Rents & Leases RAYMORGAN COMPANY I 86.35 72r92 0U22/2018 General Fund Rents & Lsases RAY MORGAN COMPANY 14.90 72192 0U22/2018 General Fund Rents & Leases RAY MORGAN COMPANY 366.77 72192 0U22/2018 General Fund Rents & Leases RAY MORGAN COMPANY 547.20 72192 0|22/2018 Water Enterprise Fund Rents & Leases RAY MORGAN COMPANY 136.06 72192 0U22/2018 Sewer Enterprise Fund Rents & Leases RAY MORGAN COMPANY 136.06 72192 0t/22/20t8 General Fund Rents & Leases RAY MORGAN COMPANY l4-90 72192 0r122/2018 General Fund Rents & Leases RAY MORGAN COMPANY 366;1'l 72192 0U22/2018 General Fund Rents & Leases RAY MORGAN COMPANY l 86.34 72192 01122/2018 General Fund Rents & Leases RAYMORGAN COMPANY 14.90 72192 0r122/2018 General Fund Rents & Leases RAY MORGAN COMPANY 33'7.t9 72t92 0U22/20r8 General Fund Rents & Leases RAY MORGAN COMPANY 14.90 72192 0U22/2018 General Fund Rents & Leases RAY MORGAN COMPANY 14.90 72192 0t/22/20r8 General Fund Operations & Maintenance RAYMORGAN COMPANY 541.13 72192 0t/22/2018 General Fund Operations & Maintenance RAYMORGAN COMPANY 28t.57 72192 0l/22/20t8 General Fund Operations & Maintenance RAY MORGAN COMPANY 539.49 72192 0r/22120t8 General Fund Operations & Maintenance RAYMORCAN COMPANY 945.07 72192 0U22/2018 General Fund Operations & Maintenance RAY MORGAN COMPANY 443.20 72192 01t22/2018 Water Enterprise Fund Operations & Maintenance RAY MORGAN COMPANY 195.'t4 72t92 0r/22/2018 General Fund Operations & Maintenance RAYMORGAN COMPANY 508.0tì 72192 0l/22/2018 General Fund Operations & Maintenance RAY MORGAN COMPANY 919.8 I 72192 01122/2018 General Fund Operations & Maintenance RAY MORGAN COMPANY 799.83

Check Total: 7,t477 .93 72193 0U2212018 Internal Service Fund Operations & Maintenance RAZZARI FORD\MAZDA 26.85 72193 0U22/2018 Internal Service Fund Operations & Maintenance R-A,ZZARI FORD\MAZDA 95.1 0

Check Total: tzt.95 72194 0v22/2018 Gas Tax/Street Improvement Small Tools SAFE-T-LITE 313.96 72194 01t22/2018 Sewer Enterprise Fund Uniform & Clothing Expense SAFE-T-LITE 76;74 72194 oU22l201tl Gas TaxlStreet Improvement Special Departmental Expense SAFE-T-LITE 29r.67

Check Total: 682.31

721ss/ 01t22/2018 Intemal Service Fund Professional Services SAN JOAQUIN PEST CONTROL 3 1.00 72195 oU22/2018 Internal Service Fund Professional Services SAN JOAQUIN PEST CONTROL 28.00 72195 0U22/2018 Internal Service Fund Professional Services SAN JOAQUIN PEST CONTROL 31.00

AP-Checks forApproval (111712018 - 1:52 PM) Page 13 Check Number Check Date Fund Name Account Name Vendor Name Void Amount

Check Total: I,430.50 72201 0U22/2018 General Fund Professional Services STERICYCLE, INC. 28.89

Check Total: 28.89 7220/ 0t/22120t8 Water Enterprise Fund Training SWRCB FEES 90.00

Check Total 90.00 72203,/ 0r/22120r8 General Fund Professional Services THOMAS H. TERPSTRA 24,565.2t 72203 0t/22120t8 Risk Management Fund Professional Services THOMAS H. TERPSTRA 11,139.77

Check Total 35,704.98 72204 or/2212018 Internal Service Fund Operations & Maintenance TESEI PETROLEUM, INC. 2,785.35 72204 01/2212018 Internal Service Fund Operations & Maintenance TESEI PETROLEUM, INC. 8,303.34 't2204 01/2212018 Intemal Service Fund Operations & Maintenance TESEI PETROLEUM, INC. 7,567 .31 72204 01/2212018 Internal Service Fund Operations & Maintenance TESEI PETROLEUM, INC. 2,427.66

Check Total 21,083.66

0l/2212018 Gas Tax/Street Improvement Professional Services THE SAW SHOP r 33.00 72205 0U22120t8 Gas Tax/Street Improvement Professional Services THE SAW SHOP 36.00

Check Total 169.00 72206/ 0t/22120t8 General Fund Professional Services THE SPYGLASS GROUP. LLC 17,960.55

Check Total: t7,960.55 72207,/ aU22l20t8 Info¡mation Technology Fund Professional Services TM PROS 10,727.50 7220't 01/22120t8 Information Technology Fund Professional Services TM PROS 10,727.50 72207 0U22/20t8 General Fund Special Departmental Expense TMPROS 6,875.29

Check Total 28,330.29 7220/ 0t/22/2018 General Fund Community Center HORTENCIATORRES 300.00 72208 0t/22/20t8 General Fund Community Center Rental HORTENCIATORRES -30.00

7220& 0t/2212018 General Fund Cornmunity Center Rental HORTENCIATORRES - 150.00

Check Total 120.00 7220s/ 0112212018 Information Tecbnology Fund Special Departmental Expense TPX COMMUNICATIONS 5,387.1 I

Check Total s,387.1r 7221 0U22/2018 Intemal Service Fund Operations & Maintenance TRACEANALYTICS, INC. 20.20 722t4 0U22/2018 Inte¡nal Service Fund Operations & Maintenance TRACEANALYTICS, INC. n0.40

AP-Checks forApproval (111712018 - 1:52 PM) Page 15 Check Number Check Date Fund Name Account Name Vendor Name Void Amount

722t1 01t22/2018 Atwater South LNDSCP Unifon¡ & Clothing Expense IINIFIRST CORPORATION 2.74 7221t 0U22120t8 Beluga Court LD Uniform & Clothing Expense UNIFIRST CORPORATION 0.09 722rt ot/22/2018 Mello Ranch 2 LD Uniform & Clothing Expense TINIFIRST CORPORATION 2.36 722il 01/22t2018 Mello Ranch 2 LNDSCP Unifonn & Clothing Expense TINIFIRST CORPORATION 2.36 722fi 01/2212018 Meadow View LD Uniform & Clothing Expense UNIFIRST CORPORATION 2.32 722n 01l22l20ltl Meadow View LNDSCP Uniform & Clothing Expense UMFIRST CORPORATION 2.32 72211 0U22t2018 Aspenwood LD Uniform & Clothing Expense LINIFIRST CORPORATION 0.69 72211 0U22/2018 Aspenwood Lndscp Uniform & Clothing Expense UNIFIRST CORPORATION 0.69 722t1 0r/22/2018 Applegate Ranch LD Uniform & Clothing Expense I.INIFIRST CORPORATION 0.25 7221t 0l/22/2018 Applegate Ranch Lndscp Unifon¡ & Clothing Expense LTNIFIRST CORPORATION 0.25 72211 0U22t2018 Simon Annexation LD Uniform & Clothing Expense UNIFIRST CORPORATION 0.0s 72211 0U22t2018 Simon Annexation LNDSCP Uniform & Clothing Expense IINIFIRST CORPORATION 0.05

Check Total: 1,133.77 7221 01122/2018 General Fund Life Insurance Payable UNUM LIFE INSURANCE t,7 t2.60

Check Total: 1,7t2.60 7221 0t/22/20t8 General Fund Mens Fall Slo-Pitch Ball URBAN ILLUSTRATORS 819.28 72213 01/2212018 General Fund Adulr Co-Ed Softball URBAN ILLUSTRATORS 780.40

Check Total: 1,599.68 72214 0l/22/20t8 General Fund Girls Volleyball KAYLAURRUTIA 192.00

Check Total: l92.OO 72215/ 0llz2/20ts warer Enrerprise Fund Professional Services VALLEY UTILITIE CONSTRUCTION, INC 1,800.00

Check Total: I,800.00 7221 Sewer Enterprise Fund 01/2212018 Professional Services VEOLIA WATER NORTH AMERICA OPERATIN( 1 50, I 20.59

Check Total 150,120.59 7221 01/22120t8 General Fund Communications VERIZON WIRELESS 1,549.37 72217 0t/2212018 General Fund Communications VERIZON WIRELESS 243;78 72217 0r/22120t8 General Fund Communications VERIZONWIRELESS 107.6tì 722t7 01/22120t8 Gas TaxlStreet Improvement Comrnunications VERIZON WIRELESS 44.1'.l 72217 01/22t2018 Sewer Enterprise Fund Communications VERIZON WIRELESS t13.23 72217 0t/2212018 Measure H Fund Communications \'ERIZONWIRELESS 53.84 722t7 0t/2212018 Water Enterprise Fund Communications VERIZON WIRELESS 166.80 722t7 0|2212018 Intemal Service Fund Communications VERIZON WIRELESS 10-17 722t7 0U22t2018 General Fund Communications VERIZONWIRELESS 53.84 72217 0v22/2018 General Fund Communications VERIZON WIRELESS 53.84 722t7 0|22/2018 General Fund Communications VERIZON WIRELESS 950.81 '12217 ov22l20lt1 Internal Service Fund Communications VERIZONWIRELESS 64.61

AP-Checks for Approval ( l/ l7l20l8 - t:52 PM) Page 17 Check Number Check Date Fund Name Account Name Vendor Name Void Amount

Check Total: 8,000.00 72223 01t22/20t8 Intemal Service Fund Utilities WEST COAST GAS CO. INC. 57.t7

Check Total: 57.17 72224/ 01/22t2018 Intemal Service Fund Utilities WGL ENERGY SYSTEMS, INC t7,36s.84 72224 0t/2212018 Intemal Service Fund Utilities WGL ENERGY SYSTEMS, INC 11,280.t2

Check Total: 28,645.96 0U22t2018 Sewer Enterprise Fund Special Departmental Expense WINTON HARDWARE 13.86 72225 0U2212018 Sewer Enterprise Fund Special Departmental Expense WINTON HARDWARE 3.87 72225 0U22120t8 Internal Service Fund Special Departmental Expense WINTONHARDWARE -0.05 72225 01122t2018 Gas TaxlStreet Improvement Special Departmental Expense WINTON HARDWARE 5-29 72225 01122/2018 Sewer Enterprise Fund Special Departmental Expense WINTON HARDWARE 15.63 72225 oU22/201t1 Water Enterprise Fund Special Departmental Expense WINTONHARDWARE 45.50 72225 0l/22/2018 Gas TaxlStreet Improvement Special Departmental Expense WINTON HARDWARE 12t.73 72225 0U22/2018 Gas Tax,/Street Improvement Special Departmental Expense WINTON HARDWARE 21.54 72225 0U22/20t8 Intemal Service Fund Special Departmental Expense WTNTON }IARDWARE 7.57 72225 0U22/2018 Gas Tax/Street Improvement Special Departmental Expense WINTON HARDWARE 29.24 7222s 0U22/2018 Internal Service Fund Special Departmental Expense WINTON HARDWARE 85.08 72225 0U22120t8 Gas Tax,/Street Improvement Special Departmental Expense MNTONHARDWARE 29.04 72225 01122120t8 Gas Tax,/Street Improvement Special Departmental Expense WINTON HARDWARE t9.79

Check Total: 398.09 72226 0y22/2018 General Fund Towing Fees YOSEMITEAUTO BODY 160.00 72226 0U22/2018 General Fund Towing Fees YOSEMITEAUTO BODY 160.00 72226 0U22/2018 General Fund Towing Fees YOSEMITEAUTO BODY 160.00 72226 01122/2018 General Fund Towing Fees YOSEMITEAUTO BODY 160.00 72226 0l/22/2018 General Fund Towing Fees YOSEMITE AUTO BODY 160.00 72226 01122/20r8 General Fund Towing Fees YOSEMITEAUTO BODY 160.00 72226 0t/22/2018 General Fund Towing Fees YOSEMITEAUTO BODY 160.00 72226 01122/2018 General Fund Towing Fees YOSEMITE AUTO BODY 160.00

Check Total: 1,280.00 0U22/2018 General Fund Girls Volleyball RICTIARD A. ZAMARRIPA 204.00

Check Total: 204.00

Report Total: 1,629,110.25

AP-Checks forApproval (lll7l20l8 - l:52 PM) Page 19

CITY OF ATWATER

SPECIAL MEETING CITY COUNCIL

ACTION MINUTES

January 8, 2018

CALL TO ORDER:

The City Council of the City of Atwater met in Special Session this date at 4:04 PM in the City Council Chambers located at the Atwater Civic Center, 750 Bellevue Road, Atwater, California; Mayor Price presiding.

PLEDGE OF ALLEGIANCE:

Mayor Price dispensed with the Pledge of Allegiance with the consent of all City Council Members.

ROLL CALL:

Present: City Council Members Creighton, Raymond, Vierra, Mayor Pro Tem Vineyard, Mayor Price Absent: None Staff Present: City Attorney Terpstra, City Clerk Hyler, Recording Secretary Rasmussen

PUBLIC COMMENT:

Notice to the public was read. No one came forward to speak at this time.

COMMISSION MEMBER INTERVIEWS:

Interviews were schedule for three (3) scheduled vacancies on the City of Atwater Community Development and Resources Commission for the term of four (4) years, term ending December, 2021. Following some discussion, the interview process was suspended and a motion came forward.

City Council and CDRC Joint Special Meeting Action Minutes for January 31, 2017 Page 2

Mayor Pro Tem Vineyard excused himself from the dais for personal reasons.

COMMISSION MEMBER APPOINTMENT:

MOTION: Mayor Price moved to reappoint the three (3) applicants to fill the term of four (4) years; while advising the newly appointed Commission members that changes to the structure of the Commission may be considered by the City Council at a future date. The motion was seconded by City Council Member Raymond and the vote was: Ayes: Creighton, Raymond, Vierra, Price. Noes: None; Absent: Vineyard. The motion passed.

Linda Dash, Gary Brice and Ron Daugherty were all reappointed to the Commission.

CLOSED SESSION:

Mayor Price invited public comment on closed session items. No one came forward to speak at this time. Price adjourned the meeting to Conference Room A for closed session at 4:38 pm. Closed session was called to order at 4:56 PM.

Conference with Labor Negotiator – Government Code Section 54957.6. Agency Negotiators: City Attorney Terpstra; Bargaining Units: Atwater Police Officers Association and AFSCME Local 2703 – Miscellaneous Unit and Clerical Unit, Mid- Management and Unrepresented. No action was taken.

ADJOURNMENT:

Closed Session Adjourned at 4:56 PM The Special Meeting adjourned at 4:38 PM.

ATTEST:

______DON HYLER III, CITY CLERK

CITY COUNCIL

Jim Price, Mayor COUNCIL AGENDA REPORT Jim Vineyard Paul Creighton Brian Raymond Cindy Vierra

MEETING DATE: January 22, 2018

TO: Mayor and City Council

FROM: Samuel Joseph, Chief of Police, [email protected] (209) 357-6388

PREPARED BY: Blake Dunford, Administrative Analyst, [email protected] (209) 357-6300

SUBJECT: Resolution No. 3004-18 approving an Agreement for Special Services with Merced County for Law Enforcement Communication Services

RECOMMENDED COUNCIL ACTION:

It is recommended that the City Council adopt Resolution No. 3004-18 approving an Agreement for Special Services, in a form approved by the City Attorney, with Merced County, in an amount not to exceed $40,800, for law enforcement communication services, and authorizes and directs the Interim City Manager to execute the Agreement on behalf of the City.

I. BACKGROUND:

Under the contract, Merced County (hereafter “the County”) will provide the Atwater Police Department access to the 800MHz system. The 800MHz radio system acts as if it has many frequencies while only using a few. Multiple agencies can use a “departmental” channel and switch seamlessly to a “common” channel. In the case of a major emergency, law enforcement personnel in Atwater can speak to all other first responders on the Merced County system.

The County holds access to Police Department records to the extent of the law, or until four (4) years past the termination of this contract. As a condition of the contract, the City is required to provide a certificate of insurance and endorsements to the County at the various levels of coverage. The City already meets all of these standards.

II. ANALYSIS:

Access to Merced County’s 800MHz system greatly expands the scope and reliability of Law Enforcement Communications. Entering the contract is not a major financial burden on the City as the rate is the same as the previous contract and will not be changed for the next five years. Buying the same communications infrastructure is not financially viable for the City at this time. Access to the system also guarantees access to countywide law enforcement communications. During a crisis, the Atwater Police Department can easily coordinate recovery and mitigate further escalation with other agencies. To meet the present and future needs of the City, the Atwater Police Department needs this essential tool.

III. FISCAL IMPACTS:

The agreement has been reviewed and approved by the Finance Director.

The proposed contract holds that the County will provide Law Enforcement Communication Services to Atwater Police Department from July 1, 2017 to June 30, 2022, barring termination for cause, convenience, or funding. The annual cost of services will remain at a fixed rate for five years and at the same rate as the previous contract. This rate is eight thousand, one hundred-sixty dollars ($8,160.00) per annum or forty thousand, eight hundred dollars ($40,800.00) in total.

IV. LEGAL REVIEW:

The agreement has been reviewed and approved by the City Attorney’s office. No major changes to the contract have been made.

V. EXISTING POLICY:

The agreement will not change any existing City policies, but rather extend an ongoing arrangement.

The agreement will allow the Atwater Police Department to carry out its required duties and for the City of Atwater to respond appropriately in a time of crisis.

VI. POLICY ALTERNATIVES:

Staff does not have any financially-viable alternative options for the City Council at this time.

VII. INTERDEPARTMENTAL COORDINATION:

The City of Atwater will work directly with Merced County. Specifically, the Atwater Police Department will be in constant coordination with the Merced County Sheriff’s Office.

VIII. PUBLIC PARTICIPATION:

Public participation was not required for this item.

IX. ENVIRONMENTAL REVIEW:

This item does not have an environmental impact.

X. STEPS FOLLOWING APPROVAL:

Following approval, the agreement will be signed by Supervisor Jerry O’Banion, Sheriff Warnke, and the Merced County Counsel. The agreement will then be signed by Interim City Manager de Werk, Chief Joseph, and the City Attorney. The document will go into effect after all signatures are present. As the agreement is an extension of a standing arrangement, no further steps will need to be taken.

Approved by:______/s/ Samuel Joseph______Samuel Joseph, Chief of Police

Prepared by: ______/s/ Blake Dunford______Blake Dunford, Administrative Analyst

Attachments: 1. Resolution 2. Agreement for Special Services

CITY COUNCIL OF THE

CITY OF ATWATER

RESOLUTION NO. 3004-18

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATWATER APPROVING AN AGREEMENT FOR SPECIAL SERVICES WITH MERCED COUNTY FOR LAW ENFORCEMENT COMMUNICATION SERVICES

WHEREAS, Law Enforcement Communication Services (“Services”) are necessary and vital to the day-to-day operations of the Atwater Police Department; and

WHEREAS, Merced County is trained, experienced, and competent to provide the Services; and

WHEREAS, the City of Atwater has expressed interest in contracting with Merced County for such Services and access to the Merced County Sheriff’s Office 800MHz communications system for a period of five years; and

WHEREAS, the City Council reviewed and discussed the terms of an agreement to provide the Services and communication system access; and

WHEREAS, the City will pay a sum of money not to exceed $40,800 to Merced County for these Services over the period of five years; and

WHEREAS, the City Council finds the terms of the agreement in the best interests of the City residents.

NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Atwater does hereby approve the Agreement for Special Services, as shown in Attachment “A,” attached hereto and made a part herein, and authorizes and directs the Interim City Manager to execute the agreement on behalf of the City.

The foregoing resolution is hereby adopted this 22nd day of January, 2018

AYES: NOES: ABSENT: ABSTAIN:

Resolution No. 3004-18 Page 2

APPROVED:

______JAMES E. PRICE, MAYOR

ATTEST:

______DON HYLER III, CITY CLERK

AGREEMENT FOR SPECIAL SERVICES

MERCED COUNTY CONTRACT NO. ______

THIS AGREEMENT (“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, an authorized government entity, located at 750 Bellevue Road, Atwater, CA 95301 (hereinafter referred to as “City”). County and City may each be referred to herein as “Party” or collectively as “Parties.”

WHEREAS, City desires to contract with County for special services which consist of City Law Enforcement Communications Services (“Services”); and

WHEREAS, County is specially trained, experienced, and competent to perform such Services; and

WHEREAS, the Parties desire to set forth herein the terms and conditions under which Services shall be furnished.

NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the Parties hereby agree as follows:

1. SCOPE OF SERVICES

County shall provide to City electronic and communications system access to the Merced County 800MHz system and existing antenna to enhance and expand the coverage of City’s communication system dedicated to its law enforcement.

County shall provide Services in accordance with the terms and conditions stated herein and any specifically referenced attachments hereto. Services include, but are not limited to, the following:

A. Law Enforcement Communications B. Merced County 800 Mhz systems

2. TERM

The term of this Agreement shall commence on the 1st day of July, 2017, and continue until the 30th day of June, 2022, unless sooner terminated in accordance with the sections entitled “TERMINATION FOR CONVENIENCE”, “TERMINATION FOR CAUSE” OR “NON-APPROPRIATION OF FUNDING”, as set forth elsewhere in this Agreement.

1 3. COMPENSATION

City agrees to pay County Eight Thousand - One Hundred - Sixty Dollars ($8,160.00) annually (“Total Contract Price”) for all of Services to be provided herein, as are more specifically set forth under Section “SCOPE OF SERVICES”. The Total Contract Price shall include all of City’s compensation to County, including reimbursement for all expenses incurred by County in the performance of this Agreement. No other fees or expenses of any kind shall be paid to County in addition to the Total Contract Price. In no event shall the Services exceed the Total Contract Price. This fee may be subject to withholding for State of California income tax.

Any 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:

Name: Merced County Sheriff’s Office Address: 2222 “M” Street City/State/Zip: Merced, California 95340

County may request that City mail checks 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 “NOTICES”.

4. PRICING CONDITIONS

City agrees to pay County for Services required herein as prescribed, fixed at the submitted pricing. In no event shall the total services to be performed hereunder exceed $40,800.00.

5. TERMS OF PAYMENT

Payment shall be made in the following manner:

Upon completion or termination of Services as set forth under Section 1, “SCOPE OF SERVICES,” County shall submit an invoice detailing the Services it has provided and the amount owed under this Agreement. The invoice shall be forwarded to the City at the City address shown under Section “NOTICES” of this Agreement. The fee due hereunder shall be paid to County within thirty (30) days following receipt of the invoice, unless the City notifies the County of any dispute related to the invoice within ten (10) days of receipt. Payment of resolved invoice amount shall then be due within thirty (30) days of dispute resolution.

2 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:

A. Personal Delivery. When personally delivered to the City, notice is effective upon delivery.

B. First Class Mail. When mailed first class to the last address of the City 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.

E. Facsimile Transmission. When sent by fax to the last fax number known to the Party giving notice, notice is effective upon receipt, provided that: a) a duplicate copy of the notice is promptly given by first class mail or certified mail or by overnight delivery, or b) the receiving Party delivers a written confirmation of receipt. Any notice given by fax shall be deemed received on the next business day if received after 5:00 P.M. (City’s time) or on a non-business day.

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:

Merced County Sheriff’s Office City of Atwater Police Department 2222 M Street 750 Bellevue Road Merced, California 95340 Atwater, California 95301

Any Party may change its address or fax number by giving the other Party notice of the change in writing.

7. CONDITION SUBSEQUENT/NON-APPROPRIATION OF FUNDING

The Services provided to City pursuant to this Agreement are based on County’s continued receipt of local, state and federal funding related to this purpose. In

3 the event that funding is terminated, in whole or in part, for any reason, this Agreement and all obligations for Services, arising from this Agreement shall be discharged. County agrees to inform City no later than ten (10) calendar days after receiving notification that funding will be terminated and the final date for which Services may be available.

8. TERMINATION FOR CONVENIENCE

This Agreement may be terminated by either Party at any time without cause or legal excuse by providing the other Party with thirty (30) calendar days written notice of such termination.

Upon effective date of termination, City shall have no further liability to County except for payment for actual Services incurred during the performance hereunder. Such liability is limited to the time specified in said notice and for Services not previously reimbursed by County. Such liability is further limited to the extent such costs are actual, necessary, reasonable, and verifiable costs and have been incurred by City prior to, and in connection with, discontinuing the work hereunder.

9. TERMINATION FOR CAUSE

Either Party may terminate this Agreement should the other Party fail to perform any material duty or obligation of the Agreement. Notice shall be given as otherwise provided herein. In the event of such termination the County may terminate the work in any manner deemed proper by the County. All costs due to the County, shall be paid to the County within thirty (30) days of receipt of notice of termination, unless the amount is in dispute. Disputed invoice amounts shall be due within thirty (30) days of resolution of the dispute. Such remedy is in addition to all other remedies as may be available to the County provided by law.

10. 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. No oral understanding or agreement not incorporated herein shall be binding on any of the Parties.

11. INSURANCE

A. City shall provide a certificate of insurance and endorsements naming County as an additional insured on each policy guaranteeing such primary coverage to the County. The insurance carrier shall be required to give County notice of termination at least 10 days prior to the intended termination of any specified policy. Each certificate of insurance shall

4 specify if City has a SIR, and if so, City shall be required to provide the entire policy of insurance with which it has a SIR.

1. Commercial General Liability: $1,000,000 per occurrence and $2,000,000 annual aggregate covering bodily injury, personal injury and property damage. The County and its officers, employees and agents shall be endorsed to above policies 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.

2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage, or split limits of $500,000 per person $1,000,000 per accident for bodily injury and $250,000 per accident for property damage.

3. Workers Compensation: Statutory coverage, if and as required for City as an employer according to the California Labor Code, including Employers’ Liability limits of $1,000,000 per accident. The policy shall be endorsed to waive the insurer’s subrogation rights against the County.

B. Insurance Conditions

1. Insurance is to be placed with admitted insurers rated by A.M. Best Co. as AVII or higher. Lower rated, or approved but not admitted insurers, may be accepted if prior approval is given by the County’s Risk Manager.

2. Each of the above required policies shall be endorsed to provide County with 30 days prior written notice of cancellation. County is not liable for the payment of premiums or assessments on the policy. No cancellation provisions in the insurance policy shall be construed in derogation of the continuing duty of City to furnish insurance during the term of this Agreement.

3. Self-insurance by a government entity that provides for coverage in excess of the amounts indicated in this section will satisfy this requirement when a certificate of self-insurance is provided.

12. INDEMNIFICATION

The City shall indemnify, defend, and hold harmless the County, its Board of Supervisors, officers, officials, employees, agents and assigns from and against any and all liability, claims, damage, cost, expenses, awards, fines, judgments, and expenses of litigation (including, without limitation, costs, reasonable

5 attorney fees, expert witness fees and prevailing party fees and cost) of every nature arising out of or in connection with the City’s performance or its failure to comply with any obligations contained in the Agreement, except such loss or damage which was caused by the active negligence, or the gross or willful misconduct of the County.

The County shall indemnify, defend, and hold harmless the City, City Council, its officers, officials, employees, agents and assigns from and against any and all liability, claims, damage, cost, expenses, awards, fines, judgments, and expenses of litigation (including, without limitation, costs, reasonable attorney fees, expert witness fees and prevailing party fees and cost) of every nature arising out of or in connection with the County’s performance of work or its failure to comply with any obligations contained in the Agreement, except such loss or damage which was caused by the active negligence, or the gross or willful misconduct of the City.

If a Party rejects a tender of defense by the other Party, and it is later determined that the other Party breached no duty of care or was immune from liability, that Party shall reimburse the other Party for any and all litigation expenses (including, without limitation, costs, attorney fees, expert witness fees and prevailing party fees and cost). A duty of care or immunity determination may be made by a jury or a court, including a declaratory relief determination by a court after the other Party settles a liability claim, with or without participation by that Party.

The Parties acknowledge that it is not the intent of the Agreement to create a duty of care that they would not owe in the absence of the Agreement, unless expressly provided herein. The Parties further acknowledge that by entering into this Agreement neither the City, nor the County intends to waive any immunities to which they would be entitled in the absence of the Agreement.

13. INDEPENDENT CONTRACTOR

It is mutually understood and agreed that County and City are independent entities in the performance of the work duties and obligations devolving upon County and City under this Agreement. Neither shall have, nor exercise any control or direction over the other.

It is mutually understood and agreed that no employer-employee relationship, partnership, joint venture, or Joint Public Association is created and each Party shall be responsible for withholding, reporting and payment of any federal, state or local taxes, contributions or premiums imposed or required by workers’ compensation, unemployment insurance, social security, income tax, other statutes or codes applying to the other Party, or its employees, if any.

6 It is mutually agreed and understood that neither Party, its sub-contractors and employees, if any, shall have no claim under this Agreement or otherwise against the other Party 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.

Each Party shall insure that all its personnel and employees, its sub-contractors and their employees, used to receive the contracted services are aware and expressly agree that the other Party is not responsible for any benefits, coverage or payment for their efforts.

14. RECORDS AND INSPECTIONS

Each Party shall maintain full and accurate records with respect to all matters covered under this Agreement. To the extent permitted by law, each Party 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.

15. OWNERSHIP OF DOCUMENTS

To the extent permitted by law, all technical data, evaluations, plans, specifications, reports, documents, or other work products developed by County hereunder shall be the exclusive property of County and shall be delivered to County upon completion of the services authorized hereunder. All technical data, evaluations, plans, specifications, reports, documents, or other work products developed by City hereunder shall be the exclusive property of City. In the event of termination, all finished or unfinished documents and other materials, if any, shall become the property of the Party developing the document and that Party may retain copies thereof for its files and internal use. Any publication of the information directly derived from work performed, or data obtained in connection with services rendered under this Agreement, must first be approved in writing by the other Party. All technical data, evaluations, plans, specifications, reports, and other work products are instruments of the agreed services and are not designed for use other than what is intended by this Agreement.

16. ENTIRE AGREEMENT

This Agreement and any additional or supplementary document or documents 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.

7 17. NOT OBLIGATED TO THIRD PARTIES

County shall not be obligated or liable hereunder to any party other than City. City shall not be obligated or liable hereunder to any party other than County.

18. COMPLIANCE WITH STATE LAWS 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, and their work.

19. 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 either Party unless agreed in writing by that Party and its counsel or attorney.

Notwithstanding any other provision of this Agreement, any dispute 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.

20. WAIVER

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.

21. BREACH OF CONTRACT

Upon breach of this Agreement, either Party shall have all remedies available to it both in equity or at law.

22. SUCCESSORS IN INTEREST

All the terms, covenant, and conditions of this Agreement shall be binding and in full force and effect and inure to the benefit of the 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.

8 23. CONFLICT OF INTEREST

Each Party 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. The Parties shall each make all reasonable efforts to ensure that no conflict of interest exists between its officers, or employees, and the other Party. Both Parties shall make all reasonable efforts to ensure that no officer or employee, whose position enables them to influence this Agreement, shall have any direct or indirect financial interest resulting from this Agreement or shall have any relationship to the other Party or officer or employee of that Party, nor that any such person will be employed in the performance of this Agreement without immediate divulgence or such fact to the other Party.

24. NONDISCRIMINATION IN EMPLOYMENT, SERVICES, BENEFITS AND FACILITIES

The Parties and any subcontractors shall comply with all applicable federal, state, and local Anti-discrimination laws, regulations, and ordinances and shall not unlawfully discriminate, harass, or allow harassment against any employee, applicant for employment, employee or agent of the other Party 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. Each Party shall ensure that the evaluation and treatment of its employees and applicants for employment, the treatment of the other Party’s employees and agents, and City’s of services are free from such discrimination and harassment.

The Parties represent that they are in compliance with and agree that they will continue to 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 regulations and guidelines issued pursuant thereto.

The Parties shall include this nondiscrimination provision in all subcontracts related to this Agreement.

25. 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.

9 26. ASSIGNMENT

The Parties shall not assign this Agreement, or any part thereof, or interest therein, directly or indirectly, voluntarily or involuntarily, to any person without obtaining the prior written consent of the other Party.

27. 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. Reduced compensation will allow County to withdraw from any service obligation.

28. 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.

29. LICENSE AND PERMITS

Both City and County shall each 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. 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 the other Party.

County of Merced City of Atwater

By ______By ______Jerry O’Banion Art de Werk Chair, Interim City Manager, Merced County Board of Supervisors City of Atwater

______Dated Dated

10 Merced County Sheriff’s Office City of Atwater Police Department

By ______By ______Sheriff – Coroner Chief of Police

______Dated Dated

APPROVED AS TO LEGAL FORM: APPROVED AS TO LEGAL FORM: MERCED COUNTY COUNSEL CITY OF ATWATER COUNSEL

By ______By ______

______Dated Dated

11 January 16, 2018

Honorable Mayor and Members City Council Meeting of the Atwater City Council and of January 22, 2018 Successor Agency to the Atwater Redevelopment Agency

APPROVING PROFESSIONAL SERVICES AGREEMENT WITH ROSENOW SPEVACEK GROUP, INC (“RSG”) FOR FISCAL YEAR 2018/19 SUCCESSOR AGENCY CONSULTING SERVICES

RECOMMENDATION: It is recommended that the City Council and Successor Agency to the Atwater Redevelopment Agency consider:

1. Approving Professional Services Agreement, in a form approved by the City Attorney, for Professional Services for FY 2018/19 Successor Agency Consulting Services to RSG, Inc. of Santa Ana, California in an amount not to exceed $25,000; and

2. Authorizing and directing the Interim City Manager to execute the Professional Services Agreement on behalf of the City.

BACKGROUND: In February 2012 the City of Atwater elected to serve as the Successor Agency to the former Atwater Redevelopment Agency (“Successor Agency”) pursuant to Assembly Bill ABx1 26, AB 1484 and SB 107, and is responsible for winding down the Agency’s obligations. Each year a Recognized Obligation Payment Schedule (“ROPS”) must be approved by the Oversight Board of the Successor Agency and the Department of Finance (“DOF”).

ANALYSIS: Since the dissolution of the Redevelopment Agency, RSG has provided the City with administrative services, technical management services, and assisted in meeting reporting requirements.

The Successor Agency has begun the disposition process for its real property as part of the Long Range Property Management Plan (“LRPMP”) with the assistance of RSG. RSG has worked with the City to revise the LRPMP per DOF’s comments, and prepare LRPMP disposition procedures.

In the proposal submitted by RSG (EXHIBIT “A”), RSG has identified specific tasks that Staff will need to consider. These tasks include the preparation of the Successor Agency ROPS for 2019/20 including the Administrative Budget, assisting the Successor Agency in planning for the future with property disposition procedures and activities, Agenda Report – Professional Services Agreement with RSG for FY 2018/19 Page 2 assisting with the County “Prior Period Adjustment”, helping the Successor agency in navigating new Legislation and transition to a Single Countywide Oversight Board, and participating in DOF and County Auditor-Controller meetings. RSG’s analysis and understanding of Redevelopment dissolution legislation will continue to help guide the Successor Agency through the dissolution process.

FISCAL IMPACT: Sufficient funding is budgeted in the FY 18/19 Redevelopment Agency, RSG Inc., Consulting Services, Account No. 3064.4016.3030.

CONCLUSION: This staff report is submitted for City Council and Successor Agency to the Atwater Redevelopment Agency consideration and possible action.

Respectfully submitted,

/s/ Lori Waterman ______Lori Waterman, CMC Interim Community Development Director

PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF ATWATER AND ROSENOW SPEVACEK GROUP INC.

This Professional Services Agreement (“Agreement”) for consulting services is made by and between the City of Atwater (“City”) and Rosenow Spevacek Group Inc. (“RSG” or “Consultant”) as of January 22, 2018 (the “Effective Date”). City and Consultant shall be referred to herein separately as a “Party” and collectively as “Parties”.

Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City Consulting Services for the Successor Agency to the Atwater Redevelopment Agency (“Successor Agency”) Fiscal Year 2018/19 as described in the Scope of Services attached hereto and incorporated herein as Exhibit “A”, at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit “A”, the Agreement shall prevail.

1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall remain in effect until cancelled by either Party or amended by the Parties, Consultant shall complete the work described in Exhibit “A”, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8.

1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement according to the standards observed by a competent practitioner of the profession in which Consultant is engaged.

1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant’s obligations hereunder.

Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed Twenty- Five Thousand Dollars ($25,000.00) on a time-and-materials basis and in accordance with the hourly rates and charges more particularly described in the Fee Schedule attached hereto and incorporated herein as Exhibit “B”, notwithstanding any contrary indications that may be contained in Consultant’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant’s Fee Schedule, attached as Exhibit “B”, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall

Consulting Services Agreement between City of Atwater and Rosenow Spevacek Group Inc. Page 1 of 13 submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than one person.

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

2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:

. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; . The beginning and ending dates of the billing period; . A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; . At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense; . The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder; . The Consultant’s signature; . Consultant shall give separate notice to the City when the total number of hours worked by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds the amount allowed under this Agreement and any other agreement between Consultant and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit “A” and the estimate of time necessary to complete work under any other agreement between Consultant and City, if applicable.

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

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

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

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

2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the Fee Schedule attached hereto as Exhibit “B”.

2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit “B”, and shall not exceed the amounts described in Exhibit “B”. Expenses not listed in Exhibit “B” are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.

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

2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date.

2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.

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

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4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, Consultant may rely on a self- insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement.

4.2 Commercial General and Automobile Liability Insurance.

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

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

4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:

a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.

b. City, its officers, officials, and employees, are to be covered as additional insured as respects: liability arising out of work or operations performed by or on behalf of the Consultant; or automobiles owned, leased, hired, or borrowed by the Consultant

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c. For any claims related to this Agreement or the work hereunder, the Consultant’s insurance covered shall be primary insurance as respects the City, its officers, officials, and employees,. Any insurance or self- insurance maintained by the City, its officers, officials, or employees shall be excess of the Consultant’s insurance and shall not contribute with it.

d. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after prior written notice has been provided to the City per standard ISO ACORD form wording.

4.3 Professional Liability Insurance.

4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than $1,000,000 covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim.

4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:

a. The retroactive date of the policy must be shown and must be before the date of the Agreement.

b. Insurance must be maintained and evidence of insurance must be provided for at least two years after completion of the Agreement or the work, so long as commercially available at reasonable rates.

c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must purchase an extended period coverage for a minimum of two years after completion of work under this Agreement.

4.4 All Policies Requirements.

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

4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with certificates of insurance evidencing required policies delivered to Consultant by the insurer, including complete copies of all

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

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

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

4.4.5 Waiver of Subrogation. With respect to Commercial General and Auto Liability insurance coverage only, Consultant hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation.

4.4.6 Subcontractors. Consultant shall include all subcontractors as insured’s under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage’s for subcontractors shall be subject to all of the requirements stated herein.

4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:

. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;

. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or

. Terminate this Agreement.

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Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES.

Consultant shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, and authorized agents from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) to the extent caused by Consultant’s negligence or willful misconduct in its performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the negligence or willful misconduct of City.

The Consultant’s obligation to defend and indemnify, to the extent caused by Consultant’s negligence or willful misconduct, shall not be excused because of the Consultant’s inability to evaluate Liability or because the Consultant evaluates Liability and determines that the Consultant is not liable to the claimant. The Consultant must respond within 30 days, to the tender of any claim for defense and indemnity by the City, unless this time has been extended by the City. If the Consultant fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Consultant under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the claim or suit for damages, or until the Consultant accepts or rejects the tender of defense, whichever occurs first.

With respect to third party claims against the Consultant, the Consultant waives any and all rights of any type to express or implied indemnity against the Indemnities.

Notwithstanding the forgoing, to the extent this Agreement is a “construction contract” as defined by California Civil Code Section 2782, as may be amended from time to time, such duties of consultant to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.

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

Section 6. STATUS OF CONSULTANT.

6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and

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all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

Section 7. LEGAL REQUIREMENTS.

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

7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.

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

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

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

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

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Section 8. TERMINATION AND MODIFICATION.

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

Consultant may cancel this Agreement upon 30 days’ written notice to City and shall include in such notice the reasons for cancellation.

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

8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.

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

8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.

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

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

8.6.1 Immediately terminate the Agreement;

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

8.6.3 Retain a different consultant to complete the work described in Exhibit “A” not finished by Consultant; or

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

Section 9. KEEPING AND STATUS OF RECORDS.

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

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

9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement.

Section 10 MISCELLANEOUS PROVISIONS.

10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing

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party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

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

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

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

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

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

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

Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.

Consultant hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code § 1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal

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prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California.

10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.

10.9 Contract Administration. This Agreement shall be administered by Community Development Director McBride ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.

10.10 Notices. Any written notice to Consultant shall be sent to:

Rosenow Spevacek Group, Inc. Tara E. Matthews, Principal 309 West 4th Street Santa Ana, CA 92701-4502

Any written notice to City shall be sent to:

City of Atwater Lori Waterman, Interim Community Development Director 750 Bellevue Road Atwater, CA 95301

10.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example.

______Seal and Signature of Registered Professional with report/design responsibility.

10.12 Integration. This Agreement, including the Scope of Services attached hereto and incorporated herein as Exhibit “A” and the Fee Schedule attached hereto and incorporated herein as Exhibit “B”, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral.

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

The Parties have executed this Agreement as of the Effective Date.

CITY OF ATWATER CONSULTANT

______Art de Werk, Interim City Manager Tara E. Matthews, Principal Rosenow Spevacek Group Inc. Attest:

______Don Hyler III, City Clerk

Approved as to Form:

______Thomas Terpstra, City Attorney

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EXHIBIT A

SCOPE OF SERVICES

Consulting Services Agreement between City of Atwater and RSG--Exhibit “A” Page 1 of 1

EXHIBIT B

FEE SCHEDULE

Consulting Services Agreement between City of Atwater and RSG--Exhibit “B” Page 1 of 1

January 2, 2018 Via Electronic Mail

Art de Werk, Interim City Manager CITY OF ATWATER 750 Bellevue Road Atwater, CA 95301

PROPOSAL FOR SUCCESSOR AGENCY CONSULTING SERVICES, FISCAL YEAR 2018- 19

Dear Mr. de Werk:

RSG is pleased to present this proposed scope of work and budget to provide the City of Atwater (“City”) and the Successor Agency to the Atwater Redevelopment Agency (“Successor Agency”) with continued administrative services related to Assembly Bill x1 26 (“ABx1 26”), Assembly Bill 1484 (“AB 1484”), and Senate Bill 107 (“SB 107”). Our role would be to provide technical, management, and administrative services to enable staff to wind down the affairs of the former Redevelopment Agency, meet ongoing reporting requirements, conduct financial and strategic planning, and provide other services as directed by staff.

Specific assignments may include but are not limited to the following:

• Financial Planning and Transition Services including advising on the Recognized Obligation Payment Schedule (ROPS) and Administrative Budget • Property Disposition Strategic Planning and Implementation • Organizational Structuring • Project Advisory Services • Project Management Services • Meetings of the Oversight Board • Meetings, Agenda, and Staff Report Assistance • Monitoring of Legal Requirements and Covenants • Financial Advisory Services • Legislative Analysis • Taxing Entity Consultations • Other Services as Designated

SCOPE OF SERVICES

RSG has specifically identified the following tasks that Staff will need to consider in the near-term:

Art de Werk, Interim City Manager CITY OF ATWATER January 2, 2018 Page 2

Task 1 – Optional Amendment of ROPS 18-19 (July 2018 through June 2019), Preparation of Successor Agency ROPS 19-20 (July 2019 through June 2020), and Preparation of the 2019-20 Successor Agency Administrative Budget The ROPS is prepared on an annual basis. After the annual ROPS is approved, successor agencies are allowed to submit a revised ROPS to adjust requested amounts for approved items in the second half of each fiscal year. The Successor Agency did just this in Fiscal Year 2017-18. This revised ROPS is due to the Department of Finance no later than October 1. RSG does not anticipate the Successor Agency needing to amend its ROPS, but will provide this service if necessary.

RSG will prepare a draft of the Recognized Obligation Payment Schedules (“ROPS”) due February 1, 2019 pursuant to Health and Safety Code Section 34177. This ROPS will cover the period of July 1, 2019 through June 30, 2020. The ROPS will include a detailed list of anticipated enforceable obligations for the ensuing two six-month periods and a detailed summary of fund balances. RSG will prepare the ROPS to address new requirements imposed by new legislation, if any. RSG will also include a Successor Agency administrative budget for Fiscal Year 2019-20 as in previous years.

The ROPS 19-20 must be approved by the Oversight Board and submitted to the State Department of Finance (“DOF”) and Merced County Auditor-Controller’s office by February 1, 2018. Health & Safety Code Section 34177(m)(2) institutes a $10,000 per day penalty for failure to submit the ROPS by the deadline. Furthermore, Section 34177(m) states that if a Successor Agency has not submitted a ROPS within 10 days of the due date, the maximum administrative cost allowance for the period covered by the ROPS will be reduced by 25%.

Task 2 – Long-Term Cash Flow RSG will assist the Successor Agency to plan for the future. By preparing and providing a long-term cash flow summarizing ROPS periods to date and projecting revenues and expenditures through Fiscal Year 2025-26, RSG will anticipate financial problems before they occur and work with the Successor Agency to plan accordingly to prevent those problems and to use anticipated revenues most efficiently and to achieve the Successor Agency’s goals as much as possible.

For example, RSG’s cash flow has shown that the Successor Agency could prioritize generating residual revenues for the City’s General Fund over repaying the SERAF loan and still expect to be able to repay the SERAF loan within the Successor Agency’s expected remaining lifetime. RSG’s analysis and understanding of Redevelopment dissolution legislation will offer the Successor Agency insight on the best course of action in continuing with the dissolution process.

Task 3 – Property Disposition Procedures/Activities To satisfy the requirements of Section 34191.5 of AB 1484, RSG worked with the Successor Agency to prepare a Long Range Property Management Plan (“LRPMP”) addressing the disposition and use of real property owned by the former Redevelopment Agency. The Successor Agency and the Oversight Board approved the LRPMP and submitted it to DOF on November 20, 2013. After receiving comments from DOF, the Successor Agency revised the LRPMP accordingly. The Oversight Board approved the revised LRPMP on April 21, 2014. DOF did the same on May 29, 2014.

SB 107 allows successor agencies with an approved LRPMP to submit an amended LRPMP to change the disposition of qualifying parking lots to be retained by the City. Qualifying parking lots must be primarily used for public parking and not have revenues exceed reasonable maintenance costs. The Successor Agency amended its LRPMP accordingly and received Oversight Board approval on December 21, 2015 and DOF approval on January 29, 2016.

Art de Werk, Interim City Manager CITY OF ATWATER January 2, 2018 Page 3

RSG prepared Disposition Procedures to guide disposition of the former Redevelopment Agency properties that will not be retained for governmental use pursuant to the DOF-approved LRPMP. The Successor Agency and the Oversight Board reviewed and formally approved the Disposition Procedures in August 2014. The Successor Agency has sold one property and still needs to sell one more.

RSG will continue to assist as needed, including but not limited to, deciding on a disposition method, preparing a marketing strategy, reaching out to potential buyers, and reviewing offers. The cost of these activities may be funded from sale proceeds resulting from disposition and/or as enforceable obligations on the ROPS, separate from administrative expenses.

Task 4 – Assist with County Prior Period Adjustment Commencing October 1, 2018 and annually thereafter, the differences between actual payments and past estimated and approved obligations on the ROPS shall be submitted by the Successor Agency to the Merced County Auditor-Controller for review and adjustment to future distributions. RSG will assist the Successor Agency with this process and coordinate with the County as needed.

Task 5 – Help the Successor Agency Navigate New Legislation and Transition to a Single Countywide Oversight Board

RSG excels at analyzing legislation and quickly identifying the fiscal and procedural implications for local agencies. With long-term involvement in the League of California Cities, the California Association for Local Economic Development, the California Association of Local Agency Formation Commissions, and the former California Redevelopment Association, RSG has developed expertise in helping our clients navigate complex legislation. RSG will keep abreast of legislative changes and help the Successor Agency adapt and adjust their processes as needed. As an example, on July 1, 2018, there will be one oversight board for the entire county and the local oversight board will be terminated. RSG will assist the Successor Agency in this transition.

Task 6 – Participation in Department of Finance and County Auditor-Controller meetings Given the complexities of Redevelopment dissolution, issues may arise requiring discussions and negotiations with DOF and Merced County. RSG has developed a strong relationship with DOF and Merced County staff, which has helped the Successor Agency avoid negotiations during the most recent periods. If necessary, however, RSG will guide the Successor Agency and provide its expert advice in dealing with Meet and Confer requests and other steps in the process of appealing decisions. This will help Atwater to be well represented and receive fair treatment in interactions with DOF and the County.

PROJECT TEAM

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

Ms. Tara Matthews will assume the role of Principal-in-Charge for this engagement. Ms. Matthews will be assisted by Mr. Dima Galkin, Associate and Project Manager, and Irlanda Martinez, Research Assistant. Ms. Matthews, will be the primary contact for this engagement. Additionally, other RSG staff may be assigned as needed. Staff resumes can be found on our company website under the following link: www.webrsg.com/team.

Art de Werk, Interim City Manager CITY OF ATWATER January 2, 2018 Page 4

FEES

Our services for this engagement would be charged on a time-and-materials basis. RSG does not charge clients for travel or mileage (except direct costs related to field work/surveys), parking, standard telephone/fax expenses, general postage, or incidental copies. However, we do charge for messenger services, overnight shipping/express mail costs, and teleconferencing services. Any third party data required may also be charged to the client; typical examples include copies of the equalized assessment roll and CoStar Market data. We also charge for copies of reports, documents, notices, and support material in excess of five (5) copies. These costs are charged back at the actual expense plus a 10% surcharge.

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

HOURLY BILLING RATES:

Principal/Director $ 235 Senior Associate 180 Associate 160 Senior Analyst 135 Analyst 125 Research Assistant 110 Technician 80 Clerical 60

Reimbursable Expenses Cost plus 10%

We will provide these services on a time-and-materials basis, with a not to exceed amount of $25,000 to undertake these assignments for the City and Successor Agency. The scope of work in this proposal qualifies as successor agency administrative activities eligible to be funded as part of the ROPS. The Successor Agency, the Oversight Board, and DOF will review the aforementioned amount as part of the Fiscal Year 2018-19 administrative budget for the Successor Agency.

We appreciate the opportunity to submit our proposal. If this proposal is acceptable as written, please sign where indicated and return to our office at your earliest convenience. Thank you for the opportunity to assist the City. If you have any questions, please do not hesitate to contact me.

Sincerely, RSG, INC.

APPROVED AND AUTHORIZED TO PROCEED:

Signature:

Tara Matthews Printed Principal Name:

Title:

Date: January 16, 2018

Honorable Mayor and Members City Council Meeting of the Atwater City Council of January 22, 2018

DECLARING THE CITY’S INTENT TO CONVEY CITY OWNED REAL PROPERTY LOCATED AT 3116 VIRGINIA STREET AND SETTING A PUBLIC HEARING

RECOMMENDATION: It is recommended that the City Council consider:

 Adopting Resolution No. 3003-18 declaring intent to convey City owned property located at 3116 Virginia Street, City of Atwater, Merced County, California (Assessor’s Parcel No. 150-065-010) (“Property”) and setting Public Hearing for February 12, 2018.

BACKGROUND: The City reviewed records regarding the well site on the Property consisting of approximately 1,247 square feet of land located in the northwest area of the City. Based upon the size of the Property, its limited access and the potential configuration of the City’s water system, the City has determined the Property will not be needed as a well site or for any other water related purpose in the future.

It has been further determined that the Property has no monetary value to the City, and could not be utilized by someone other than the adjacent property owner. Transfer of the Property will relieve the City of its responsibility to maintain the Property.

The adjacent property owner has been maintaining the Property, and has expressed interest in obtaining the property, has agreed to pay one-half (1/2) of the title costs in the amount of $354.05 (EXHIBIT “A”). The Chain-Of-Custody and Title Search have found no restrictions on this Property.

The Community Development and Resources Commission at their regular meeting of January 17, 2018 adopted Resolution No. CDRC 051-18 making determination of conformity findings as required under California Government Code Section 65402(a) and recommend transfer of property located at 3116 Virginia Street consistent with the General Plan Land Use Designation and Zoning Code requirements.

ANALYSIS: If the City decides to convey the Property, there are various issues to consider. As a general rule, the City may dispose of property in any manner it deems appropriate, if the disposition is for the common benefit of the City’s citizens. (Gov’t. Code § 37350.) In order to avoid any concern that a prohibited gift of public funds is occurring, an appraisal should be obtained in order to set an objective baseline to defend any challenge to an ultimate sales price which might arise from this issue.

Agenda Report – Resolution No. 3003-18 Page 2

The State law provides an alternative procedure for the disposition of real property by a municipality. Basically, this procedure is set forth in Gov’t. Code §§ 37420 – 37430. First, the Council must make a finding that the public interest and convenience require the sale of the Property, and thereafter it must adopt a resolution of its findings and intention to convey the Property. The resolution of intent must: fix the time for hearing protests to the sale, provide for publication of the notice of hearing, fix the time final action will be taken, and contain an accurate description of the property to be sold. (Gov’t. Code § 37422.)

The resolution of intention must be published at least once in a daily newspaper published and circulated in the City or, if there is none, the City Council must designate a newspaper published in the County for this purpose. In addition, the resolution must be posted for not less than ten days in at least three conspicuous places upon each parcel of real property proposed to be disposed. (Gov’t. Code § 37423.)

Moreover, at any time prior to final action, any person may protest the proposed sale in writing or orally at the meeting considering the resolution. (Gov’t. Code § 37424.) If no protests are received or the City Council overrules any protests which are received by a four-fifths vote, it may proceed with the sale. (Gov’t. Code § 37425.) If four-fifths of the Council do not vote to complete the sale, it shall not take further steps for sale of the Property for six months after final action unless it shall first call a special election on the question. (Gov’t. Code § 37426.)

Under this alternative procedure, the City is not required to declare the Property to be “surplus land” and to date has not done so.

The conveyance and Resolution declaring intent to convey City owned real property located at 3116 Virginia Street has been reviewed by Legal, the Interim City Manager and the Finance Department has reviewed the fiscal impact.

FISCAL IMPACT: The only fiscal impact would be half the cost to prepare the Title Search in the amount of $354.05 and sufficient funding is available in Water Enterprise Fund for FY 2017-18, Professional Services; Account Number 6000.7010.3030.

CONCLUSION: This staff report is submitted for City Council consideration and possible action.

Respectfully submitted,

/s/ Lori Waterman ______Lori Waterman, CMC Interim Community Development Director

Agenda Report – Resolution No. 3003-18 Page 2

CITY COUNCIL OF THE

CITY OF ATWATER

RESOLUTION NO. 3003-18

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATWATER DECLARING INTENT TO CONVEY CITY OWNED REAL PROPERTY LOCATED AT 3116 VIRGINIA STREET, CITY OF ATWATER, MERCED COUNTY, CALIFORNIA (ASSESSOR’S PARCEL NO. 150-065-010) AND SETTING PUBLIC HEARING FOR FEBRUARY 12, 2018

WHEREAS, the City is the owner of that certain real property generally located at 3116 Virginia Street in the City of Atwater, Merced County, California (Assessor’s Parcel No. 150-065-010) (“Property”), more particularly described in Exhibit “A” attached hereto and made a part of this Resolution; and

WHEREAS, the City has determined that, based upon the size of the Property, its limited access and the potential configuration of the City’s water system, the Property has no potential to be developed as a City well site or other related facility and/or purpose in the future; and

WHEREAS, the City has determined that the Property has no monetary value to the City and because of its location, the Property has not value or use to any third party other than the adjacent property owner; and

WHEREAS, the City intends to enter into an agreement with the adjacent property owner, Yolanda Bautista Enriquez (“Enriquez”), to convey the Property in exchange for payment of one-half (1/2) of the title costs in the amount of $354.05; and

WHEREAS, pursuant to Government Code § 37350, the City wishes to convey the Property for the common benefit of its citizens; and

WHEREAS, Government Code §§ 37420 – 37430 authorize the City to dispose of property; and

WHEREAS, Government Code § 37421 provides that when the City finds that the public interest and convenience require the conveyance of City property, the City may adopt a resolution stating such finding and intention to convey the property; and

WHEREAS, Government Code § 37422 provides that such Resolution of Intention shall fix a time for hearing protests to the property conveyance, provide for publication of Resolution No. 3003-18 3116 Virginia Avenue Page 2 notice of hearing, fix the time when the City will take final action regarding the property conveyance and contain an accurate description of the property to be conveyed.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Atwater does hereby notice the citizens of the City of Atwater of its intention to enter into an agreement with Enriquez to convey City owned real property located at 3116 Virginia Street in the City of Atwater (Assessor’s Parcel No. 150-065-010) in exchange for payment of one-half (1/2) of the title costs in the amount of $354.05; and

BE IT FURTHER RESOLVED, that the City shall hold a hearing on February 12, 2018 for any person who wishes to protest the conveyance of the Property. The protest may be written and delivered to the City Clerk or delivered orally a t the hearing considering the final action to be taken on this matter; and

BE IT FURTHER RESOLVED, that pursuant to Government Code § 37422, the City shall post proper notice and proper publication of this Resolution; and

BE IT FURTHER RESOLVED, that on February 12, 2018 at a regularly scheduled Council meeting, final action shall be taken on this matter.

The foregoing resolution is hereby adopted this 22nd day of January, 2018.

AYES: NOES: ABSENT:

APPROVED:

JAMES PRICE, MAYOR ATTEST:

DON HYLER, III CITY CLERK

Resolution No. 3003-18 3116 Virginia Avenue Page 3

EXHIBIT “A”

City of Atwater 750 Bellevue Rd. Atwater, CA 95301

January 15, 2018

Dear Members of the City Council:

Each year, the community comes together to support the ill and injured children of Central California by donating to the annual Kids Day fundraiser. On Tuesday, March 6, 2018, from 5:00am through 3:00pm, Valley Children’s Hospital, The Fresno Bee, ABC 30, and more than 7,000 volunteers in over 20 communities will hit the streets to sell the 31st annual Kids Day edition of The Fresno Bee. The paper features compelling patient stories and photography illustrating the vital pediatric medical care Valley Children’s Hospital provides.

Each newspaper is “sold” in exchange for a donation to Valley Children’s. Kids Day helps cover millions of dollars in uncompensated care, enabling us to treat kids with potentially life- threatening conditions but whose families may not have the ability to pay. The patients and families of Valley Children’s rely on the support of our community to continue its mission.

Atwater High School and Buhach Colony High School plan to participate in the event again this year. They will sell the special edition newspaper on the sidewalks city-wide while wearing brightly colored aprons that say, “Kids Day.” Most volunteers sell the newspapers on the busiest street corners in the area, in the hopes of raising more funds for the Hospital.

Each participant is asked to sign a safety waiver prior to beginning their volunteering, and receives a copy of our Sales and Safety instructions to review. A copy of these instructions is attached for your reference.

Please do not hesitate to contact me with any questions you may have. We look forward to celebrating the 31st annual Kids Day with the residents of Atwater!

Best wishes,

Molly Marquez Manager, Annual Development Valley Children’s Healthcare Foundation 9300 Valley Children’s Place Madera, CA 93636 Direct: (559) 353-8619 Email: [email protected]

The 31st Annual Kids Day Benefiting Valley Children’s Hospital Tuesday, March 6, 2018

SALES & SAFETY INSTRUCTIONS

 Please wear your Kids Day apron and/or light colored clothing so you can easily be seen by drivers.

 No papers are to be sold from median islands. All sales must be made from the sidewalk.

 Sales are permitted from right hand curbs and corners.

 Please do not step off the curb to sell.

 Do not walk in front of traffic to sell. The normal flow of traffic must not be interrupted.

 Sales may take place only when the traffic is stopped.

 Do not reach into cars with money or change in your hand, as you run the risk of having someone try to take it.

 Do not make change. Suggest customers get change from a nearby bank or convenience store.

 When the light turns green, please remain still. Should prospective customers try to get your attention, please motion them to “move on.”

 Papers may not be sold on any freeway (i.e., 41 & 99), highway (i.e., Golden State Blvd.), or the on/off ramps to/from the freeways/highways.

 Children under the age of 12 must be accompanied by an adult. NO EXCEPTIONS.

 Be respectful and courteous to all drivers and fellow volunteers.

 Follow the instructions of safety monitors and your team leader. Please stay in groups of at least two volunteers. Team Leaders- you are responsible for the conduct of your volunteers.

 Volunteers that do not follow safety instructions will be asked to stop selling Kids Day papers immediately.

The 31st Annual Kids Day Benefiting Valley Children’s Hospital Tuesday, March 6, 2018

PAPER SALES INSTRUCTIONS

1. Newspapers may be sold 6:00 a.m. through 3:00 p.m. Newspapers are $1.00 each.

2. Beginning at 5:30 a.m., newspapers and aprons may be obtained from your chosen distribution site.

3. The latest newspapers can be checked out is 2:00 p.m.

4. By 3:30 p.m., all money and any unsold papers must be returned to the site where you picked up your papers. Please do not give your money or papers to anyone other than an individual at the site where you picked them up.

5. A maximum of 100 papers per individual or 500 papers per team may be checked out at any one time. Feel free to sell more papers! Just return the money collected from your previous sales and check out additional papers.

6. Corners are available on a first come-first served basis. If volunteer coverage is sufficient in a particular area, please move to another area to enhance coverage. Remember, we’re united for the same cause- the kids at Valley Children’s Hospital!

7. Checks should be payable to Valley Children’s Hospital. An individual’s check serves as their receipt. If they should ask for a receipt, please give them a pre-signed receipt that can be obtained when you check out your papers.

8. If a donor tells you to “keep the change,” thank them on behalf of the children and add it to the money you have collected.

Thank you for helping the kids! Remember to please SELL SAFELY! REQUEST FORM Petitions/Communications

Date of Request: 12/20/2017 Event Dates : March 6, 2018

Requested By: VALLEY CHILDRENS HOSPITAL

Contact Name: ELIZABETH HERMANN Number: 559-353-7074 Cell: 971-400-1829 Email: [email protected] Fax:

Type of Request: Newspaper Sales Fundraiser

Insurance: Needed Yes No If yes, date received: December 20, 2017 Routing Information: ATTACHMENT Yes No Date Received for Packet: December 20, 2017

COMMISSION/COMMITTEE OR DEPARTMENT DATE ROUTED MEETING DATE City Attorney:

Planning Commission

Public Safety Committee

Parks & Recreation Commission

Public Works Committee

Police Department December 21, 2017

Fire Department

Date Scheduled for City Council: January 22, 2018 Comments:

INTRA OFFICE USE ONLY Contact notified of date item will go before City Council? Yes No Notified by: L. Rasmussen Date & Time 1/10/2018 Additional Comments Requestor is unable to attend the meeting. Will verify approval.

City Council Action: Approved Yes No Comment:

Letter sent to originator with City Council action: Yes No Sent by: Date Sent: Petitions/Communications

AVIPS VICTOR UNIT TASKS/HOURS TOTALS FOR DECEMBER 2017

TASKS JAN FEB MAR APR MAY JUN JUL AUG SEPT OCT NOV DEC YEARLY TOTALS

Administration 10 13 15 8 13 13 7 8 6 9 9 10 121

Animal Control 0 0 0 0 0 0 0 0 0 0 0 0 0

Citizen Assists 2 14 4 9 6 8 7 3 3 1 2 2 61

Crossing Guard 1 4 2 0 1 0 0 0 1 2 0 0 11

Evacuations 0 0 0 0 0 0 0 0 0 0 0 0 0

Evidence Transport 3 5 5 3 5 4 3 3 2 1 2 2 38

Feral Cat Program 0 0 0 0 0 1 2 1 0 0 0 0 4

Foot Patrol 0 3 1 1 2 2 0 0 0 0 0 0 9

Funeral 12 0 14 5 7 0 0 6 5 4 0 0 53

Garage Sales 0 0 1 0 5 22 16 2 12 18 4 1 81

House Checks 31 66 69 78 106 106 63 56 75 79 45 35 809

Merced Paperwork 27 24 21 22 22 22 18 17 13 14 14 11 225

Neigbhorhood Watch 6 11 3 9 5 10 11 10 7 13 1 5 91

Notice of Violation 0 0 2 9 9 4 6 2 1 0 0 0 33

Office 0 7 8 4 5 6 8 8 6 8 10 10 80

Parade Control 2 0 2 0 0 4 6 0 2 1 0 9 26

Radar Trailer 0 0 6 0 23 2 0 6 0 8 0 8 53

Sign Removal 31 59 95 73 307 103 218 82 200 131 68 38 1405

Stand-By 0 0 0 0 0 0 0 0 2 1 5 17 25

Traffic Control 12 6 26 16 18 11 19 5 16 28 10 8 175

Training 12 15 13 0 2 7 0 2 0 0 16 3 70

Vehicle Patrol 44 43 41 44 36 44 34 27 26 34 25 17 415

Water Contact/Flyer 0 0 11 5 8 4 7 10 1 6 2 0 54

Water Notice Given 1 1 7 5 23 24 30 22 5 13 3 2 136

Other 24 27 44 48 42 57 32 42 86 42 20 31 495

Total Tasks/Month 218 298 390 339 645 454 487 312 469 413 236 209 4470

Total Hours/Month 259.75 280.50 283.75 236.50 318.00 278.50 275.50 264.00 291.25 337.25 242.50 361.25 3428.75

Total Miles/Month 1225.00 1662.00 1686.00 1492.00 1687.00 1638.00 1631.00 1606.00 1268.00 1293.00 944.00 759.00 16891.00

Volunteer James P. Vineyard V- 1

January 16, 2018

Honorable Mayor and Members City Council Meeting Of the Atwater City Council of January 22, 2018

WAIVING THE FIRST READING AND INTRODUCING ORDINANCE NO. CS 992 AMENDING CHAPTER 12.32 OF THE ATWATER MUNICIPAL CODE ENTITLED “TREES” AND ADOPTING RESOLUTION NO. 3000-17 ADOPTING THE 2018 URBAN FOREST TREE MASTER PLAN

RECOMMENDATION: It is recommended that the City Council consider:

1. Opening the Public Hearing and receiving testimony given; and

2. Waiving the first reading and introduce Ordinance No. CS 992 amending Chapter 12.32 of the Atwater Municipal Code Entitled “Trees”; and

3. Adopting Resolution No. 3000-17 adopting the 2018 Urban Forest Tree Master Plan

BACKGROUND: In September 2015, staff received notification that the City of Atwater was awarded a CAL FIRE Urban and Community Forestry Program Greenhouse Gas Reduction Fund Grant in the amount of $150,000. The project is to establish an updated Street Tree Master Plan, provide an Urban Forest Tree Canopy Study, and to perform a comprehensive revision of the City’s current Tree Ordinance. The Urban Forest Master Plan will facilitate proactive management resulting in a sustainable urban forest with an optimal level of benefit provision. The Plan will identify which tree species to plant to optimize Green House Gas (GHG) benefit. The City has partnered with Tree Partners Foundation and other local organizations and volunteer groups and will plant the tress and provide outreach for the neighborhoods to assist them in understanding the importance of new plantings. The goal is to alleviate the environmental burden of the region while bringing people closer to their urban trees.

Davey Resource Group was hired through an RFP process to develop a Street Tree Master Plan, Tree Canopy Study and assist staff with the revision to the City’s Tree Ordinance.

At their regular meeting of November 15, 2017 the CDRC reviewed Ordinance 992 amending the Tree Ordinance and proposed Resolution No. 3000-17 adopting the Urban Forest Tree Master Plan, and recommended forwarding to the City Council for adoption. Ordinance 992 amending Chapter 12.32 of the Atwater Municipal Code entitled “Tree” and the proposed Tree Master Plan has been reviewed by Legal.

ANALYSIS: The Street Tree Master Plan Project included public education and outreach, which Agenda Report–Ordinance 992 and Resolution No. 3000-17 Tree Master Plan Page 2 included several public meetings on the benefits of trees in urban areas and allowed citizens to provide their input. The updated Street Tree Ordinance has been completed and is attached for your review and adoption, along with the final draft of the 2018 Urban Forest Master Plan by Davey Resource Group.

FISCAL IMPACT: None

CONCLUSION: This staff report is submitted for City Council consideration and possible action.

Respectfully submitted,

/s/ Lori Waterman ______Lori Waterman, CMC Interim Community Development Director

CITY COUNCIL OF THE

CITY OF ATWATER

ORDINANCE NO. CS 992

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATWATER AMENDING CHAPTER 12.32 OF THE ATWATER MUNICIPAL CODE ENTITLED “TREES”

WHEREAS, the City of Atwater (“City”), upon review of the City’s ordinance regulating the maintenance and preservation of the City’s Urban Forest and in consideration of current industry standards, recommends the following changes to the Atwater Municipal Code.

SECTION 1: Chapter 12.32 “Trees” of the Atwater Municipal Code is hereby amended to read in full as follows:

12.32.000 - Purpose.

It is hereby declared that it is in the public interest that the City establish, adopt, and maintain an effective program for the installation, maintenance, and preservation of trees along City streets.

12.32.010 - Definitions. As used in this chapter: A. "Director." Director shall mean the Parks and Recreation Public Works Director or his/her designee. B. "Master Plan" is the City of Atwater Street Tree Urban Forest Master Plan, on file with the City Manager. This plan shall be periodically reviewed by the Director and Parks and Recreation Community Development and Resources Commission, subject to City Council approval. C. "Official Street Trees" are those trees specified in the Street Tree Urban Forest Master Plan. D. "Street Trees" are any City owned tree located within the City right-of-way or easement, including, but not limited to, park-strips located between the sidewalk and the curb, City-maintained medians, and all trees located within twelve feet from the curb-line in locations where the sidewalk and curb are adjacent. E. "Property Owner." For the purpose of this ordinance, that any person or persons owning a piece of real property adjoining or abutting a street right-of-way between the protection of the exterior boundaries of their property. Ordinance No. CS 992 Page 2

F. "Commission". Commission shall mean the Parks & Recreation Community Development and Resources Commission. G. “Adopted maintenance and planting standards” shall mean the most current industry-accepted tree and landscape standards (ANSI AZ300 Standards; CTLA Guide For Plant Appraisal, latest edition). H. “Diameter” shall mean diameter at breast height (DBH), or trunk diameter measured 4.5 feet from the ground.

12.32.020 - Street Tree Master List tree master list.

The trees on the Street Tree Master List shall be designated by the Director and approved by the City Council. The list shall be reviewed periodically by the Director and Commission and shall be kept on file in his the Director’s office.

12.32.030 - Street tree master plan Urban Forest Master Plan.

The City's Master Plan sets forth the City's policies and guidelines for planting and maintenance programs for the care and protection of its trees. The director Director and Commission shall periodically update and make revisions and amendments to the plan, subject to City Council approval. This plan shall include the types, varieties, species, sizes, and locations of street trees to be planted. 12.32.040 - Authority, responsibility, and duties.

A. The City Manager is responsible for the administration of this chapter, but may delegate the duties and decision making authority to the appropriate staff personnel. The City has the authority and responsibility to maintain street trees, but may delegate the responsibility to other agencies if required under specific circumstances (e.g., utility pruning and removals). B. Interference with City Manager. No person shall interfere with or delay authorized representatives of the City from the execution and enforcement of this chapter. C. Any person who violates any condition or provision of this chapter shall be subject to the imposition of penalties as set forth in the schedule below. Subsequent violations of this chapter shall be assessed on a case-by-case scenario and additional penalties may be imposed. The Director has the discretion to waive any penalties imposed.

Ordinance No. CS 992 Page 3

Violation First Violation Second Violation Third and within 5 years within 5 years Subsequent Violations within 5 years

Illegal pruning $500 $1,000 $1,500

Removal - less than 6” $600 $1,200 $1,800 inches diameter

Removal - between 6 - $1,200 $2,400 $3,600 11.99 inches diameter

Removal - between 12 - $1,800 $3,600 $5,400 17.99 inches diameter

Removal - between 8 - $2,400 $4,800 $7,200 23.99 inches diameter

Removal - 24” - 29.99” $3,000 $6,000 $9,000

Removal - 30” - 35.99” $3,600 $7,200 $10,800

Removal - 36” - 39.99” $4,000 $8,000 $12,000

Removal - 40” and $5,500 $11,000 $16,500 greater

The fine schedule shall be updated at a minimum of once every ten (10) years, or with each ordinance update if more frequent, to adjust for inflation. 12.32.050 - Requirement of street trees.

A. Street trees shall be required as a condition of approval of any land subdivision or site plan. The variety of tree species planted on at any given location within the City shall be in accordance with the Master Plan and adopted maintenance and planting standards. Needed right-of-way or easements to accommodate street tree planting shall be dedicated as a condition of issuance of the Building Permit or other approval to develop. B. Street trees shall be required when any person applies for a building permit for any work, construction. and when Upon a determination by the City that street trees are to be removed, or that adequate street trees do not exist, the person shall be required to plant new street trees.

12.32.060 - Fees.

Ordinance No. CS 992 Page 4

Fees will be charged to offset the cost of furnishing, locating, planting, and fertilizing of street trees, as set by resolution of the City Council.

12.32.070 - Public hearing.

A. Whenever a public hearing is required as part of this chapter, the following procedures shall be followed. A public hearing notice shall be sent to all property owners within 300 feet of the project site and the notice shall be published in a newspaper of general circulation no fewer than ten (10) days prior to the public hearing.

B. Any decision by the Parks & Recreation Commission may be appealed to the City Council by filing a written Notice of Appeal with the City Clerk within five (5) calendar days from the date of the decision. Any decision by the City Council to hear said appeal shall be subject to the public hearing procedures stated above.

12.32.080 - New construction.

A. Before any new construction takes place, a tree protection plan (TPP) must be written by a certified arborist, submitted to, and approved by the Director or his/her designee to identify the impacts of the construction project on the existing trees. The Director or his/her designee will review all development plans for tree protection. B. Any proposed construction project which requires the removal of any street tree or City- owned tree pursuant to the TPP requires a public hearing. The notice shall give separate notice of the tree(s) subject to removal. The Parks & Recreation Commission shall make the decision to prevent the removal of the tree(s) or require the replacement of trees. C. Driveway Construction. Any property owner The City may approve the remove removal of a street tree to accommodate driveway construction if there is no acceptable design alternative which would save the tree. If approved, the property owner must first deposits with the City an amount deemed by City Staff to be sufficient to replace said tree, determined by the tree’s trunk diameter. This may include one or more 15-gallon replants, one or more 24-inch box replants, paying into a City Parks and Tree Fund, or some combination of the aforementioned, as determined on a per tree basis.with a tree of equivalent trunk diameter for a standard 15-gallon tree. D. House Moving. If a tree cannot be saved pursuant to the TPP, a property owner may remove a street tree to allow a house to be moved on or off the lot or adjacent lot. Prior to removing said tree, the property owner shall deposit a sum with the City sufficient to replace the tree determined by the tree’s trunk diameter. This may include one or more 15-gallon replants, one or more 24-inch box replants, paying into a City Parks and Tree Fund, or some combination of the aforementioned, as determined on a per tree basis. with a standard 15-gallon tree.

E. Solar Installation. If a property owner chooses to install solar and one or more tree(s) on their property obstructs sunlight, the tree may be removed.

If a city-maintained tree will shade more than 10% of a new installation, the owner may apply for removal of the tree. For private trees that will shade more than 10% of a new installation that are located on a neighboring property, resolution may be discussed with the neighboring property owner. Resolution may include removal of the tree, thinning, reducing, or other pruning that allows sun to reach Ordinance No. CS 992 Page 5

the panels but does not compromise the health or safety of the tree. If no resolution can be reached, the existing tree shall remain, as trees that exist prior to the installation of solar panels are exempt from the Solar Shade Act.

Prior to tree removal, the property owner who plans to install solar shall deposit a sum with the City sufficient to replace the tree, determined by the tree’s trunk diameter. This may include one or more 15-gallon replants, one or more 24-inch box replants, paying into a City Parks and Tree Fund, or some combination of the aforementioned, as determined on a per tree basis. If the tree is on the solar installer’s property, this will be retained by the City. If the tree is located on the neighboring property, it will be given to the neighboring owner for tree replanting.

Trees shall not be planted in a location that will shade more than 10% existing solar installations.

All actions will be taken in accordance with the State of California’s Solar Rights Act and Solar Shade Act.

F. Developer Responsibility to maintain trees in a new subdivision. It will be the responsibility of the developer to ensure the trees in a new subdivision are properly maintained for one year from planting, including, but not limited to, ensuring the trees receive required water sufficient to meet their needs, and any pruning or other maintenance. If a tree dies within the first year of planting, it will be replaced at the cost of the developer.

12.32.090 - Maintenance and exceptions.

Only the Director or his designee shall cut, trim, prune, spray, brace, plant, move, remove, or replace any City-owned tree, except as provided in this section.

A. City street tree maintenance will be provided in areas that are within public rights-of- way or public planting easements in the City, an but not otherwise on privately owned propertyexcept in public right-of-way or public planting easements. B. Property owners shall be responsible for adequately watering trees in parkways or other public property immediately adjacent to the private property. The property owner may be required to install an irrigation system as a condition of issuance of a building permit or other development approval.

C. The Director shall have the authority to require the property owner to take necessary such action as is necessary to control insects, scales, parasites, fungus, and other damaging injurious pests, or plant material that would cause serious injury to could severely injure street trees or any other plant material within the City. The City shall notify the property owner, in writing, describing the conditions and stating the control necessary to correct the condition, and establishing a reasonable time within which the corrective steps shall be taken.

D. The Director shall have the authority to require property owners to remove or prune any privately planted tree, shrub, or vine or other plant material if it is determined by the Director to be seriously interfering with the growth and health of any street tree, unless the private property plant material preceded the street tree or has a higher contribution value.

Ordinance No. CS 992 Page 6

E. Street trees shall be kept trimmed to eight feet (8’) above the public right-of-way easement and fourteen feet six inches (14’ 6”) above the street. Trees will also be maintained in a manner that allows for the proper clearance of streetlights in order to maximize their effectiveness. Trimming of any street tree in violation of overhanging the public sidewalk, or street right-of-way, or streetlight clearance requirements, or otherwise or diminishing the effectiveness of nearby street light and deemed a traffic or pedestrian hazard by the Director, shall be the responsibility of the City if located in the public right-of-way property owner. If the tree causing the obstruction is located on private property, the property owner shall be responsible for the maintenance of the tree. If, within ten (10) days of written notification, the hazardous situation has not been abated, the Director shall cause the work to be done and billed to the property owner or landscape maintenance district.

12.32.100 - Permit required.

A. Any person who intends to perform work on or otherwise modify a street tree shall apply to the Director for a permit. The application shall explain the work what is to be done, the number, species kind, and location of trees to be affected, and any other pertinent information to assist as the Director in understanding the scope of the project may require. If approved, the Director shall issue the permit. This permit shall be valid for ninety (90) days. Once the work is completed, the permit must be resubmitted to the City for inspection. Any maintenance performed that is not in accordance with adopted maintenance and planting standards may be subject to the imposition of penalties as set forth in the fine schedule in Section 12.32.040 above. If no work is performed within ninety (90) days of the permit issuance, the applicant must repeat the permitting process. If it is determined that a permit is not necessary, the Director may waive the requirement for a permit to be issued. B. The Director, after review by the Community Development Department and the Engineering Department, may issue comprehensive permits to any public utility, in issuance. If a permit is denied, a written denial shall be given to the applicant stating setting forth the reasons for the denial, and a copy of the denial shall be provided to the Parks & Recreation Commission, City Engineer, and community the Community Development Director.

Any work undertaken by the permittee or his/her agent may be stopped immediately and the permittee's permit may be revoked by presentation of a written order of revocation of the permit by the Director when, in his opinion, the Director observes or suspects the work or conditions outlined in the permit are not being complied with.

12.32.110 - Street tree protection.

A. It shall be unlawful for any person to break, injure, deface, mutilate, kill, or destroy any tree in any public place or way in the City;, to knowingly cause or permit any wire charged with electricity to come into contact with any tree in any public place, or way, and to place, apply, attach, or keep attached to any such tree or to any guard or stake intended for the protection thereof in a manner that will be injurious to the tree, or install any wire, rope, sign, paint, or other substance, structure, thing, or device of any kind or nature whatsoever;, and to place or maintain any stone, cement, or other substance so that it shall substantially impede the free access of water or air to the roots of any street tree. Temporary exceptions can be made between Thanksgiving and January 15th for the mounting of seasonal holiday lights. These lights must be mounted so that the bark and cambium layer of the tree is not breached (no nails, lights must be mounted with adequate slack). Owners of Ordinance No. CS 992 Page 7

property are hereby granted the right to place and maintain plants in the planting area of streets adjacent to their property unless otherwise prohibited by this chapter.

B. During the erection, repair, alteration, removal or moving of any building, house, or structure, sufficient tree protection measures guards shall be placed to prevent injury, damage, or defacement to any park or street tree in the vicinity of such operation.

12.32.120 - Tree removals and abatement.

No City-owned tree or street tree shall be trimmed or removed, except in conformance with the terms of this chapter.

A. The director shall be responsible for inspection, maintenance, removal, and replacement of those specific street trees planted within rights-of-way or easements which are maintained by the to be removed by the City as stated in the Master Plan, Section IV and as follows. The Property owner will be given five (5) working days to appeal the designated action. The appeal will be considered at the next regularly scheduled Parks & Recreation Commission meeting. The Parks & Recreation Commission's decision may be appealed to the City Council. B. If a homeowner would like to expedite the removal of the City-owned tree in front of their house that meets the removal criteria, they may notify the City. When the owner receives the City’s approval, the tree may be removed at the owner’s expense. No reimbursement will be provided by the City.

C. The stump for any removed tree will be ground within one (1) month of removal in order to allow for future tree planting.

12.32.130 - Dead trees.

Dead City trees may be removed after providing twenty-four (24) hours notice to the property owner.

12.32.140 - Emergency removal.

Notwithstanding any other provision hereof, the City shall remove any street tree or City owned tree posing which is an immediate hazard to health, life, or property without complying with any notice or hearing procedures. For the purpose of this section, "hazardous tree" shall mean a tree that is in danger of falling or creating a situation that is an immediate hazard to health, life, or property.

12.32.150 - City-owned trees creating an objectionable situation.

In some instances, a City-owned tree may cause problems to public improvements, to private property, or the tree may have an otherwise problematic objectionable characteristic that presents a hazard to public health or safety, or threatens the City’s tree population. The City, or a property owner, may file a request to remove a City-owned tree with the Director. The request will be accompanied by a predetermined fee (established by a City Council resolution and available upon request). The decision to remove an objectionable tree shall be considered by the Commission and may be appealed to the City Council at a public hearing, pursuant to Section 12.32.070.

Ordinance No. CS 992 Page 8

The Director shall prepare a written report to the Commission, with recommendations, only after the Director has evaluated the tree and considered all of the following criteria:

A. The condition of the tree, with respect to its general health, or status, as a host for a plant pest or disease endangering other species of trees or plants;

B. The number, species, size, and location of existing trees in the area and the effect of the requested action on shade area, air pollution, historic value, scenic beauty, and the general welfare of the City as a whole;

C. If the tree is causing potential safety problems, the Director shall determine if maintenance alternatives can be feasibly employed to save the tree. The alternatives shall include, but not be limited to, replacing sewer or water laterals, root trimming, sidewalk and/or curb and gutter replacement, or the maintenance practices that may be dictated;

D. The request is necessary to allow reasonable enjoyment of property (e.g. view obstruction);

E. Removal of tree will not violate the intent or spirit of the Tree Master Plan.

F. If the tree is an invasive species.

G. Where a property owner desires to pay and remove a tree which is not on the approved list, they may do this if they pay for an approved quantity of 15-gallon trees, 24-inch box trees, pay into the City’s parks and Landscape Fund, or an appropriate combination of the aforementioned, to replace the removed tree.

A final decision of the Commission may be appealed to the City Council. If the request had been initiated by a property owner and approval is granted, the property owner shall deposit a sum sufficient to remove and replace the tree with a comparable tree.

12.32.160 - Injury to or death of a tree.

In the event of injury to, or death of a tree caused by a motor vehicle, the responsible driver or the driver's insurance carrier shall be required to purchase and replace the affected tree with one of the same type and size within one (1) year of the date of the motor vehicle accident. If no comparable replacement can be found, the Director shall determine an acceptable substitute, with any difference in value to be paid to the property owner. All replacement values to be based on the CTLA Guide For Plant Appraisal, latest edition.

12.32.170 - Responsibility for sewer lateral replacement from damage caused by City trees.

The City has determined that it is in the best interest of the City to replace sewer laterals within all public rights-of-way that have been damaged by City trees, subject to the following procedures: A. The City shall, at its expense, remove or cause to be removed any tree, located within a public right-of-way, whose roots are determined by the City Engineer to cause be causing stoppage of a sewer lateral on more than one occasion, provided the property owner approves of said removal. Ordinance No. CS 992 Page 9

B. The City shall, at its expense, repair and, if necessary, replace any portion or all of the sewer lateral located in any public right-of-way, subject to the following procedure: 1. The property owner or his/her agent shall initially contact a licensed plumber who will conscientiously attempt to clear the stoppage by standard rodding procedures. 2. If the plumber determines that the stoppage is within the public right-of- way and cannot be unplugged by standard rodding procedures, he shall then contact the City and state the location of the stoppage. 3. The City shall then repair and/or replace that portion or all of the damaged sewer lateral within the public right-of-way, as necessary. 4. In the event that upon exposure of the sewer lateral within the public right- of-way it is determined that the sewer lateral does not need repair or replacement, the property owner shall be billed at the rate of time and materials times one hundred fifty percent (150%) for the City's work in exposing and recovering the sewer lateral.

12.32.180 - Liability.

Nothing in this chapter shall impose any liability upon the City or members of the Council, or any of its officials or employees., nor relieve the The owner or occupant of any private property will not be relieved from the duty to keep his private property, sidewalks, and rights-of-way abutting such private property in a safe condition, free from hazards to public use.

12.32.190 - Appeals.

Any person excepting to any denial, suspension or revocation by the Director of a permit applied for or held by him pursuant to the provisions of this chapter, or excepting to any other administrative action taken by the director Director or City Manager in administering the provisions of this chapter, may appeal to the City Council in accordance with the procedure prescribed by this Chapter.

Section 2: Effective Date and Publication. This Ordinance shall take effect and be in force thirty (30) days after the date of its passage. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the Atwater Signal within fifteen (15) days from adoption hereof.

INTRODUCED: ADOPTED: AYES: NOES: ABSENT: APPROVED:

______JAMES E. PRICE, MAYOR ATTEST:

______DON HYLER III, CITY CLERK

CITY COUNCIL OF THE

CITY OF ATWATER

RESOLUTION NO. 3000-17

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATWATER ADOPTING THE 2017 URBAN FOREST TREE MASTER PLAN

WHEREAS, the City Council adopted Resolution No. 1025-92, Street Tree Master Plan at their June 10, 1991 meeting by minute action; and

WHEREAS, in September 2015 the City received a CAL FIRE Urban and Community Forestry Program Greenhouse Gas Reduction Fund Grant to establish an updated Street Tree Master Plan, provide an Urban Forest Tree Canopy Study, and to perform a comprehensive revision of the City’s current Tree Ordinance; and

WHEREAS, certain amendments and updates to the Street Tree Master Plan need to be incorporated; and

WHEREAS, the City worked with Davey Resources to revise the current Street Tree Master Plan and held several public stakeholder workshops to discuss and review the proposed changes; and

WHEREAS, the proposed 2017 Urban Forest Tree Master Plan was reviewed and recommended by the Community Development and Resources Commission at their regular meeting on November 15, 2017.

NOW, THEREFORE, BE IT RESOLVED, That the adopted 2017 Urban Forest Tree Master Plan supersedes any other previously adopted Tree Master Plan; and

BE IT FURTHER RESOLVED, that the City Council of the City of Atwater does hereby adopt the 2017 Urban Forest Tree Master Plan EXHIBIT “A” attached hereto and made a part of herein.

The foregoing resolution is hereby adopted this 22nd day of January, 2018.

AYES: NOES: ABSENT:

Resolution No. 3000-17 Page 2

APPROVED:

______JAMES E. PRICE, MAYOR ATTEST:

______DON HYLER III CITY CLERK City of Atwater Urban Forest Master Plan 2017

City of Atwater Urban Forest Master Plan 2017

Prepared for:

City of Atwater 750 Bellevue Road Atwater, CA 95301

Prepared by:

Davey Resource Group A Division of the Davey Tree Expert Company 6005 Capistrano Avenue, Suite A Atascadero, California 93422 Phone: 805-461-7500 Toll Free: 800-966-2021 Fax: 805-461-8501 www.davey.com/drg Acknowledgements

Atwater City Council Atwater City Staff James Price - Mayor Patrick Faretta - Interim Public Works Director James Vineyard - Mayor Pro Tem Lori Waterman - Grants Manager Brian Raymond - Council Member Scott McBride - Interim City Manager Cindy Vierra - Council Member Paul Creighton - Council Member

Community Development Additional Thanks to and Resources Commission Community Participants Gary Brice - Chair Eric Lee - Community Participant Mary McWatters - Commissioner Mary Pickford - Community Participant Linda Dash - Commissioner Sherry Miller - Community Participant James Murphy III - Commissioner Greg McDaniel - Community Participant Adam Reed - Commissioner Denise Helton - Community Participant Ronald Daugherty - Commissioner Jaime Quintada - Atwater ESD Fred Warchol - Commissioner Jane Schmitz - CalFIRE

Tree Partners Foundation Jim Williamson - Founder Bryan Tassey - Executive Director Nick Karastathas - Board Member Joan Faul - Board Member Patrick Faretta - Board Member Contents

Executive Summary How Do We Get There? Scope & Purpose Goal 1 – Develop and maintain a 1 Summary 37 sustainable, healthy, and safe urban What do we Have? forest resource What do we Want? Goal 2 – Preserve and enhance tree How do we get There? canopy, and rebrand trees as community How are we Doing? infrastructure Goal 3 – Establish comprehensive, user- friendly regulations and policies Goal 4 – Optimize funding and identify Introduction new opportunities Role of Trees in Atwater Goal 5 – Increase outreach, education, 5 Community and community involvement Mission Benefits of Urban Tree Canopy Cover Calculating Tree Benefits

What Do We Have? How Are We Doing? History of Urban Forestry in Atwater Monitoring and Measuring Results 11 Community Tree Resource 57 Tree Canopy Cover The Urban Forest Program Policy and Regulation Community Outreach Stakeholders Conclusion

What Do We Want? Appendix Community Participation References 33 Goals and Strategies 59 Recommended Staffing Proposed Maintenance Schedule Gantt Chart Timeline Executive Summary Scope & Purpose The purpose of the Urban Forest Master Plan • Establish benchmarks for measuring (UFMP) is to provide a guide for managing, the long-term success of management enhancing, and growing Atwater’s community strategies tree resource over the next 25 years. • Communicate existing challenges and Community trees are the publicly-managed opportunities in Atwater’s urban forest trees along streets, in parks, and at city facilities. • Promote a collaborative vision as well as Recognizing the significance of environmental engagement and appreciation for the urban and socioeconomic benefits provided by trees forest and their relationship with community values and expectations for a high quality of life, this The Plan provides specific objectives and strategies for managing community trees, UFMP aims to: preserving canopy, and enhancing canopy • Quantify the value and benefit of community cover across Atwater (both public and private). trees • Evaluate resources available to support the care and management of the community’s urban forest

1 Executive Summary Summary Atwater’s community urban forest includes an existing community tree resource, including estimated 7,922 publicly-managed trees on composition, value, and environmental benefits. streets, in parks, and at city facilities. Along The process explored community values, with their aesthetic contribution, these trees existing regulations, and policies that protect provide valuable and critical services to the community trees. community. These services include benefits to In addition to forestry staff, there are multiple air quality, water quality, energy savings, carbon stakeholders, internal and external, who play a management, socioeconomics, public health, role in the planning, design, care, and advocacy and wildlife habitat. The UFMP provides a guide of the community forest. These stakeholders for managing, enhancing, and growing this include the Tree Partners Foundation, city resource over the next 25 years. departments, the Community Development The structure and organization of the UFMP are and Resources Commission (CDRC), nonprofit based on the understanding of what we have, and volunteer groups, and members of the what we want, how we get there, and how we community. Each of these stakeholders are doing. This structure, referred to as adaptive contributed to the development of this Plan. management, is commonly used for resource planning and management (Miller, R.W., 1988) and provides a good conceptual framework for managing community forest resources. The plan development process involved a comprehensive review and assessment of the

Executive Summary 2 What Do We Have? What Do We Want? Currently, the city of Atwater has no dedicated The city of Atwater intends to support the urban forestry staff within the Public Works future health, well-being, and sustainability of Department, but wish to cultivate a strong urban the community by preserving and enhancing forestry program. Recently, the City collected natural resources, as well as improving the data to fully understand the present state of the overall resilience of the urban forest. The UFMP urban forest. In 2012, the City commissioned a identifies five goals: public tree inventory and evaluated the resulting • Develop and maintain a sustainable, data with a Resource Analysis. In 2016, an healthy, and safe urban forest resource Urban Tree Canopy Assessment quantified canopy and other land covers based on aerial • Preserve and expand urban tree imagery. canopy, and rebrand trees as community infrastructure With these tools and a healthy, established community forest, Atwater is poised to realize • Establish comprehensive, user-friendly regulations and policies increasing environmental benefits and value from its publicly-managed trees. • Optimize funding and identify new opportunities • Increase education, outreach, and community involvement How Do We Get There? Each of the five goals is supported by a comprehensive list of measurable objectives and strategies. Some of these include: • Develop a regular pruning cycle for city- maintained trees • Increase tree canopy to 12% of the city (currently 9.1%) • Integrate trees as an important component in development • Incorporate the UFMP into annual work plans • Further collaborate with groups and organizations that share urban forestry goals • Increase outreach, education, and community involvement

3 Executive Summary How Are We Doing? The success of the UFMP will be measured strategies. Perhaps the greatest measurement through the realization of objectives and of success for the UFMP will be how successful demonstrated through increased value and it is in meeting community expectations for the environmental benefits in the community tree care and preservation of the community tree resource and enhancement of tree canopy resource. throughout the City. The Plan identifies methods of measurement and a target date for each of the

Executive Summary 4 Introduction Role of Trees in Atwater Trees play an essential role in the community of Atwater, providing numerous tangible and intangible benefits to residents, visitors, neighboring communities, and wildlife. Research demonstrates that healthy urban trees can improve the local environment and lessen the impact resulting from urbanization and industry (UEP, 2015). Trees improve air quality, reduce energy consumption, help manage stormwater, reduce erosion, provide critical habitat for wildlife, and promote a connection with nature. In addition to these direct improvements, healthy urban trees increase the overall attractiveness of a community and have been proven to increase the value of local real estate by 7 to 10% (Dwyer, et al, 1992). Trees in retail districts promote longer and more frequent shopping and greater sales (Wolf, 2007). Urban trees support a more livable community, fostering psychological health and providing residents with a greater sense of place (Ulrich, 1986; Kaplan, 1989). Community trees, both public and private, soften the urban hardscape by providing a green sanctuary and making Atwater a more enjoyable place to live, work, and play. Previously recognized by the National Arbor Day Foundation as a Tree City USA, Atwater has demonstrated that public trees are a valued community resource, an important component of infrastructure, and a part of the City’s identity.

5 Introduction Community Mission Atwater is located in Merced County, in the Before it combined with the Public Works heart of California’s San Joaquin Valley. The city Department, the Mission Statement of Atwater’s is 8 miles west-northwest of the city of Merced, Parks and Recreation department was: located along State Route 99 (Durham, 1998). “We Create Community and Quality of Life The City is at an elevation of 151 feet (USGS, through People, Parks and Programs!” 2016). According to the United States Census Bureau, the city has a total area of 6.1 square With this Plan, the City of Atwater intends to miles. 99.86% of it is land and 0.14% water. The uphold this mission by supporting the health, city includes Castle Air Museum but does not well-being, and sustainability of the community. include Castle Air Force Base. This will be accomplished by preserving and enhancing natural resources, enhancing the Atwater typically receives 12 inches of rain per quality of life of Atwater’s residents and improving year, with an average of 51 days of measurable the overall resilience of the urban forest. precipitation. The annual high temperature is approximately 97 degrees F (July), and the low is 37 degrees F (January). Atwater experiences a mediterranean climate, with warm, dry summers and cool, wet winters. The area has an average of 267 sunny days per year, and does not receive any snow annually. Atwater’s population, as of the 2010 census, included 28,168 people. The population is diverse in age, with 32% under the age of 18, 10.5% aged 18 to 24, 47% aged 25 to 64, 10.4% aged 65 years of age or older. The median age is 30 years. Of the 9,771 housing units, 55.5% are owner-occupied, and 44.5% are rentals.

Introduction 6 Benefits of Urban Tree Canopy Cover Urban and natural forests work constantly to mitigate the effects of urbanization and development, and to protect and enhance lives within the community in the following ways:

Air Quality Energy Savings Urban trees improve air quality in five Urban trees and forests modify climate and fundamental ways: conserve energy in three principal ways: • Reducing particulate matter (e.g., dust and • Shading dwellings and hardscape smoke) • Transpiration • Absorbing gaseous pollutants • Wind reduction • Shade and transpiration Shade from trees reduces the amount of radiant • Reducing power plant emissions energy absorbed and stored by hardscapes • Increasing oxygen levels and other impervious surfaces. This reduces the heat island effect, a term that describes the Trees protect and improve air quality by increase in urban temperatures in relation to intercepting particulate matter (PM 10), including surrounding locations. dust, ash, pollen, and smoke. The particulates are filtered and held in the tree canopy where Transpiration releases water vapor from tree they are eventually washed harmlessly to canopies, which cools the surrounding area. the ground. Trees and forests absorb harmful Through shade and transpiration, trees and other vegetation within an urban setting modify gaseous pollutants like ozone (O3), nitrogen dioxide (NO ), and sulfur dioxide (SO ). Shade the environment. Temperature differences 2 2 of more than 9°F (5°C) have been observed and transpiration reduce the formation of O3, which is created during higher temperatures. between city centers without adequate canopy Scientists are now finding that some trees cover and more vegetated suburban areas may absorb more volatile organic compounds (Akbari et al, 1997). (VOCs) than previously thought (Karl, T. et al, Trees reduce wind speeds by up to 50% and 2010; Science Now, 2010). VOCs are a class influence the movement of warm air and of carbon-based particles emitted from machine pollutants along streets and out of urban exhausts like automobiles. canyons. By reducing air movement into By reducing energy needs, trees also reduce buildings and against conductive surfaces (e.g., emissions from the generation of power. glass and metal siding), trees reduce conductive Through photosynthesis, trees and forests heat loss from buildings, translating into potential increase oxygen levels. annual heating savings of 25% (Heisler, 1986). Reducing energy use has the added bonus of

reducing carbon dioxide (CO2) emissions from fossil fuel power plants.

7 Introduction Water Quality Trees and forests improve and protect the quality of surface waters, such as creeks and rivers, by reducing the impacts of stormwater runoff through: • Interception • Increasing soil capacity and rate of infiltration • Reducing soil erosion Trees intercept rainfall in their canopy, which acts as a mini-reservoir (Xiao et al, 1998). During storm events, this interception reduces and slows runoff. In addition to catching stormwater, canopy interception lessens the impact of raindrops on bare soils. Root growth and decomposition increase the capacity and rate of soil infiltration by rainfall and snowmelt (McPherson et al, 2002). Each of these processes greatly reduces the flow and volume of stormwater runoff, avoiding erosion and preventing sediments and other pollutants from entering streams, rivers, and lakes. Urban stormwater runoff is a major source of pollution for surface waters and riparian areas, threatening aquatic and other wildlife as well as human populations. Requirements for stormwater management are becoming more stringent and costly. Reducing runoff and incorporating urban trees in stormwater management planning has the added benefit of reducing the cost of stormwater management, including the expense of constructing new facilities necessary to detain and control stormwater as well as the cost of treatment to remove sediment and other pollutants.

Introduction 8 Carbon Reduction As environmental awareness continues to offsets in order to meet the cap. In 2011, the increase, governments are paying particular ARB approved four offset protocols for issuing attention to global warming and the effects of carbon credits under cap-and-trade including greenhouse gas (GHG) emissions. As energy the Forest Offset Protocol (ARB, 2011). This from the sun (sunlight) strikes the Earth’s Protocol recognizes the important role forests surface it is reflected back into space as play in fighting climate change. infrared radiation (heat). Greenhouse gases The USDA Forest Service Urban Ecosystems absorb some of this infrared radiation and and Social Dynamics Program recently led trap this heat in the atmosphere, increasing the development of an Urban Forest Project the temperature of the Earth’s surface. Many Reporting Protocol. The protocol, which chemical compounds in the Earth’s atmosphere incorporates methods of the Kyoto Protocol act as GHGs, including methane (CH 4), nitrous and Voluntary Carbon Standard, establishes oxide (N 2O), carbon dioxide (CO2), water vapor, methods for calculating reductions, provides and human-made gases and aerosols. As guidance for accounting and reporting, and GHGs increase, the amount of energy radiated guides urban forest managers in developing back into space is reduced, and more heat is tree planting and stewardship projects that trapped in the atmosphere. An increase in the could be registered for GHG reduction credits average temperature of the earth may result (offsets). The protocol can be applied to urban in changes in weather, sea levels, and land- tree planting projects within municipalities, use patterns commonly referred to as “climate campuses, and utility service areas anywhere in change.” In the last 150 years, since large- the United States. scale industrialization began, the levels of some GHGs, including CO , have increased by 25% Trees and forests reduce atmospheric carbon 2 dioxide (CO (U.S. Energy Information Administration, 2014). 2) in two ways: California’s Global Warming Solutions Act (AB • Directly, through growth and carbon sequestration 32) passed in 2006 set the 2020 GHG emissions reduction goal into law. In December 2007, the • Indirectly, by lowering the demand for California Air Resources Board (ARB) approved energy the 2020 emission limit of 427 million metric tons Trees and forests directly reduce CO2 in the of carbon dioxide equivalent (CO2e). As of 2007, atmosphere through growth and sequestration regulations require that the largest industrial of carbon in woody and foliar biomass. Indirectly, sources of GHG must report and verify their trees and forests reduce CO by lowering the emissions. In 2011, the ARB adopted the cap- 2 demand for energy and reducing the CO2 and-trade regulation. Under a cap-and-trade emissions from the consumption of natural gas system, an upper limit (or cap) is placed on and the generation of electric power. GHG emissions. This cap can be applied to any source, industry, region, or another jurisdictional level (e.g., state, national, or global). Regulated entities are required to either reduce emissions to required limits or purchase (trade) emission 9 Introduction Aesthetic, Habitat, Socioeconomic, and Health Benefits In addition, trees and forest lands provide critical While perhaps the most difficult to quantify, the aesthetic and socioeconomic benefits from trees habitat (foraging, nesting, spawning, etc.) for may be their greatest contributions, including: mammals, birds, and fish and other aquatic species, along with limitless opportunities for • Beautification, comfort, and aesthetics recreation, offering a healthful respite from the • Shade and privacy pressures of work and everyday stress. • Wildlife habitat • Opportunities for recreation • Reduction in violent crime Calculating Tree Benefits Creation of a sense of place and history • Communities can calculate the benefits of their • Human health urban forest by using a complete inventory (or • Reduced illness, decreased reliance on sample data) in conjunction with the USDA medication, and quicker recovery from Forest Service i-Tree software tools. This injury or illness state-of-the-art, peer-reviewed software suite considers regional environmental data and Some of these benefits are captured as a percentage of property values, through higher costs to quantify the ecosystem services unique sales prices where individual trees and forests to a given urban forest resource. are located. Individuals can calculate the benefits of trees to While some of the benefits of forests are their property by using the National Tree Benefit intangible and/or difficult to quantify (e.g., the Calculator (www.treebenefits.com/calculator) or impacts on physical and psychological health, with i-Tree Design. (www.itreetools.org/design). crime, and violence), studies provide empirical evidence that these benefits do exist (Kaplan, 1989; Ulrich, 1986). However, there is limited knowledge about the physical processes at work, and their interactions make quantification imprecise. Exposure to nature, including trees, has a healthy impact on humans, such as increased worker productivity, higher test scores, reduced symptoms of ADD, and faster recovery times following surgery. In addition, trees and forests have positive economic benefits for retailers. There is documented evidence that trees promote better business by stimulating more frequent and extended shopping and a willingness to pay more for goods and parking (Wolf, 2007).

Introduction 10 What Do We Have? History of Urban Forestry in Atwater The City’s Parks and Recreation Department was the Interim Public Works Director, who works in developed in the 1970s, Atwater’s urban forestry an administrative capacity and is responsible program was historically a part of this department. for the oversight of the entire the Public Works When the department was developed, the staff Department. To manage the Urban Forestry consisted of Director, Jack Schaefer, Parks program, the Interim Public Works Director Maintenance Supervisor, Manuel Bairos, Jr., has support from just one part-time Parks and a few parks maintenance workers that maintenance worker, whose tasks include maintained the parks and street trees. With the mowing, weeding, and other grounds tasks, as closure of Castle Air Force Base in 1996, and well as minor tree maintenance in parks. While the retirement of Bairos and Schaefer in 1997, the City currently has no staff dedicated to the Parks Maintenance Division, including the urban forest tree maintenance, Urban Forestry Urban Forestry program, was placed under the is continuing to generate local support and jurisdiction of the Public Works Department. the UFMP details a recommended staffing From 1997 to 2008, staffing levels in the Parks quota. Additional support for special projects Division were at their highest, with eight full-time is often provided from staff in the Public Works Parks Maintenance Workers and two full-time department and other departments throughout Urban Forestry Maintenance Workers. A Parks the City. and Urban Forest Manager position was created Over the years, Atwater’s residents have shown in order to oversee the program. In 2008, the a love for their community trees through historic Parks and Community Services Department campaigns, such as “Save our Plums” and was formed. The role of this department was “Save our Ash” – two different movements to to provide the community with safe parks and bring awareness to the decline of some of the recreational facilities, sustainable recreation City’s staple species and to promote increased programs and services, and to maintain and tree retention. The city was recognized as a Tree enhance the City’s urban forest. Interim Public City USA by the National Arbor Day Foundation Works Director, Patrick Faretta, Parks and Urban in 2006. Forest Manager, Bryan Tassey, and the team of maintenance team worked to accomplish these Atwater’s tree ordinances were developed in 1980 order to help preserve the existing goals, but starting with the recession of 2008, canopy and to provide provisions that include budgetary constraints challenged the program. As department personnel retired and positions wise planning for long-term maintenance and future canopy goals. These ordinances specify were vacated, they were rarely filled again. Providing regular and consistent maintenance that the city is responsible for the maintenance of the City’s urban forest became a challenge of trees in the public right-of-way, and provide for the department. provisions for pruning, removal, planting, and new construction. The ordinances were revised Currently, the department has no staff whose in 1991 and again in 1994, and will be revised time is 100% committed to the Urban Forestry as part of the urban forest plan development program. The program is under the oversight of process.

11 What Do We Have? In 2012, Davey Resource Group inventoried the city-maintained trees in Atwater’s urban forest, and used this inventory to develop a Resource Analysis. This allowed for a greater understanding of the structure and function of this vital resource. While the resource analysis was a snapshot of the structure and benefits of the urban forestry at the time it was developed, the inventory is a dynamic database that the city maintains as tree maintenance is performed, in order to help guide the need for future maintenance. In 2016, Davey Resource Group developed an Urban Tree Canopy Assessment that mapped the extent and location of tree canopy, impervious surfaces, and other landcover. The data was used to quantify and benchmark carbon storage and the annual environmental benefits from the overall urban forest. The assessment also included identification of priority planting sites where additional trees can provide benefits to stormwater management and to the reduction of heat island effects. Both this UTC and the Resource Analysis provide a foundation for the UFMP and establish benchmarks for measuring future progress.

What Do We Have? 12 Community Tree Resource Atwater’s community urban forest includes 7,922 public trees on streets, in parks, and at city facilities. It would cost over $17.8 million to replace these trees with trees of similar size, species, and condition (Resource Analysis, 2012). Composition Understanding the structure, composition, and condition of an urban forest resource is essential to developing effective management strategies. The Urban Forest Resource Analysis (2012) found the following characteristics define Atwater’s community urban forest: • The inventory includes more than 269 unique species • The top ten species represent 69% of the overall population • The predominant species are Chinese pistache (Pistacia chinensis, 23%), London planetree (Platanus x acerifolia, 8%), and crape myrtle (Lagerstroemia indica, 7%) • The resource is relatively young, with 82% of trees measuring less than 18 inches DBH (diameter at breast height - measured at 4ft 6in from the ground) • Overall, community trees are in good condition (53%) • Community trees are providing an estimated 106.5 acres of canopy cover • By 2012, community trees were storing 5,984 tons of carbon (CO2) • The stocking level is 70%, based on 11,233 planting sites and 7,922 existing trees

13 What Do We Have? Chinese pistache 23.0%

London planetree 7.7%

Crapemyrtle 7.1%

Modesto ash 6.7%

Flowering pear 6.3%

Camphor 5.7%

Southern magnolia 4.0%

Coast redwood 3.5%

Northern red oak 2.6%

Chinese hackberry 2.2%

Other species 31.2%

0% 5% 10% 15% 20% 25% 30% 35%

What Do We Have? 14 Sustainability forest and the flow of benefits and costs over A sustainable urban forest is healthier, time. Catastrophic pathogens, such as Dutch more resilient to pests, disease, and climate elm disease (Ophiostoma ulmi), emerald ash fluctuations and, as a result, more cost effective. borer (Agrilus planipennis), Asian longhorned As urban forests evolve over time, managers beetle (Anoplophora glabripennis), and sudden revise species recommendations based on past oak death (SOD) (Phytophthora ramorum) are performance and emerging prospects. Because some examples of unexpected, devastating, trees are relatively long-lived organisms, urban and costly pests and pathogens that highlight forests like Atwater’s are often a combination of the importance of diversity and the balanced well-adapted, high-performance species mixed distribution of species and genera. with some species that may have proved less The widely accepted rule in forestry is that no desirable. Nevertheless, the vital benefits of single species should represent greater than tree canopy require the preservation of existing, 10% of the total population, and no single genus healthy trees in most situations. more than 20% (Clark et al, 1997). In Atwater, When appropriate, planting native and the Chinese pistache (Pistacia chinensis, adapted species is a good strategy for 23%) exceeds these values. Future planning building a sustainable urban forest. The urban should promote tree diversity in neighborhoods environment presents many challenges to tree so that an area won’t lose all canopy if one health, including restricted planting sites, poor species becomes susceptible to an emerging and compacted soils, pollution, and water pest or disease or becomes undesirable for limitations. Selecting appropriate species can performance reasons. help control maintenance costs, reduce damage to infrastructure, and manage the need for pest and disease control measures. A diverse population can significantly increase overall performance and resiliency in the urban forest. While it may be assumed that native species are ideally suited to the local climate, it is important to recognize that urban environments are unique, with greater impervious surface and different hydrologic patterns. Selecting the “right tree for the right spot” requires consideration of multiple factors including site and soil characteristics, irrigation infrastructure, landscape objectives, and tree density. A diverse population can help to minimize detrimental consequences in the event of storms, drought, disease, pests, or other stressors that can severely affect an urban 15 What Do We Have? What Do We Have? 16 Benefits (from 2012 Resource Analysis) In 2012, Atwater’s public trees provided an estimated $443,830 in benefits each year, an average of $56 per tree (Figure 3). These benefits included: • Reduction in the use of electricity and natural gas through shading and climate effects, valued at $109,719. Additional sequestration and avoidance of 594 tons of CO , valued at $8,909. • 2 The removal and avoidance of 4.8 tons of air pollutants, including nitrogen dioxide (NO • 2), ozone (O3), sulfur dioxide (SO2), and small particulate matter (PM10); an overall value of $105,435. • Interception of 4.6 million gallons of stormwater, valued at $35,565. • Benefits to property value, aesthetics, socioeconomics, and health valued at $206,147 annually.

17 What Do We Have? Benefit versus Investment Ratio When Atwater’s annual investment of $82,240 ($10.38/tree) for maintenance of community trees is considered, the annual net benefit (e.g., benefits minus investment) to the community is $361,590. Thus, for every $1 invested in community trees, Atwater receives $4.40 in benefits. Maximizing Benefits An urban forest is a living and dynamic resource, changing over time and in constant response to its environment. The health and stability of the urban forest can be influenced by many factors, including pruning, irrigation, climate fluctuations, emerging pests and disease, as well as development and new tree planting. Annual benefits are based on many composition traits (size of trees, number of trees, condition, and species) of the current inventory. Maximizing the use of available planting space by gradually increasing the stocking level will increase the overall benefits over time. Where space allows, every effort should be made to plant large-stature species as greater canopy cover and canopy density are the key drivers of environmental benefits. In addition to filling vacant planting sites, it is also important to plan for the replacement of existing mature trees and species that are being phased out of the inventory (e.g., Modesto ash, Fraxinus velutina).

What Do We Have? 18 Tree Canopy Cover The amount and distribution of leaf surface area and parcel data and i-Tree Canopy software, are the driving force behind the urban forest’s DRG determined that the following information ability to produce benefits for the community characterizes canopy cover in the community: (Clark et al, 1997). As canopy cover increases, • 352 acres of overall canopy, including so do the benefits. Tree canopy is the layer trees and woody shrubs, an average cover of leaves, branches, and stems of trees and of 9%. other woody plants that cover the ground when Overall impervious surface cover (e.g., viewed from above. Understanding the location • and extent of canopy is critical to developing pavement and structures) of 53% (2,056 and implementing sound management acres). strategies that will promote the smart growth • Overall pervious surface cover (e.g., grass, and sustainability of Atwater’s urban forest and bare soil, low-lying flora) of 21% (833 its invaluable benefits. acres). A canopy assessment was completed in • Less than 1% overall average of open November 2016 using a heads-up digitizing water (21 acres). approach and high resolution (4.8 inch), leaf- • 10 acres of tree canopy is in parks, on aerial imagery. Both public and private trees encompassing 24% of park area. are included. The assessment resulted in a By 2016, Atwater’s urban forest Geographical Information Systems (GIS) map • detailing the location and extent of existing sequestered (stored) 5,984 tons of carbon dioxide (CO2), valued at nearly $89,760 tree canopy. This information establishes a (i-Tree Canopy). benchmark to measure the success of long- term objectives and can be combined with GIS • Annually, the urban forest sequesters layers to determine: an additional 275 tons of CO2, valued at • Changes in tree canopy over time and in $4,125 (i-Tree Canopy). relation to growth and development. • Annually, an 4.79 tons of air pollutants • Existing canopy at many levels, including are intercepted or absorbed by Atwater’s land use, zoning, parking lots, parcels, etc. urban forest, including carbon monoxide (CO), nitrogen dioxide (NO2), ozone (O3), • Locations of planting sites and strategies sulfur dioxide (SO2), and particulate matter to increase canopy in underserved areas. (PM10 and PM2.5) (i-Tree Canopy). The data, combined with advancing urban forestry Overall Tree Canopy Cover research and applications, provide guidance for Atwater currently has 352 acres of tree canopy, determining growth and preservation and aid in covering 9.1% of the City (Map 1). An additional identifying urban forestry opportunities 878 acres (22.6%) are available for canopy Canopy Cover Summary growth, excluding impervious, open water, and Atwater encompasses an area of 6 square miles unsuitable land uses areas, for a total maximum (3,880 acres). Using the City’s GIS canopy potential city tree canopy of 1,230 acres (31.7%). layer in conjunction with land use, zoning, 19 What Do We Have? What Do We Have? 20 Park Canopy Cover In Atwater, park boundaries encompass 26.9 acres of the city’s 3,880 total acres. The nineteen parks vary in size; Joan Faul Park is the largest at 16.62 acres and Castle Youth Center is the smallest at 0.28 acres. Bloss Park has the highest percent of canopy cover (77.0%), while Heller Park and Atwater Memorial Ballpark both have less than 1% (0.72% and 0.10% respectively).

Park Acres Canopy Acres Canopy % Albiani Park 4.86 0.77 15.84 Bloss Park & Grounds 0.65 0.5 76.92 Memorial Ball Park 3.44 0 0.00 Ralston Park 5.14 2.64 51.36 Joan Faul Park 16.62 0.99 5.96 Heller Park 0.85 0.01 1.18 E.L. Walters Park 2.34 1.38 58.97 Osborn Park 13.84 3.35 24.21 Manuel Barrios Park 8.05 0.3 3.73 Civic Center Park 2.55 1.13 44.31 Girl Scout Hut Park 1.25 0.63 50.40 Neves Park 1.69 0.13 7.69 Power Line Park 0.77 0.01 1.30 Sandlewood Park 1.75 0.02 1.14 Winton Way Park 0.46 0.3 65.22 Castle Youth Center 0.28 0.01 3.57 Cedar Park 0.55 0.03 5.45 Community Center Park 2.05 0.55 26.83 Veterans Park 17.78 4.51 25.37 26.9 6.19 6.90

21 What Do We Have? What Do We Have? 22 Assigning Planting Priority heat island. Each factor was assessed using In Atwater, tree planting at certain planting sites data from various sources and analyzed using will produce a greater return on investment over separate grid maps. Sites were given an other sites. For this analysis, planting site overall priority rank based on a composite of priority was determined based on identifying stormwater reduction and urban heat island possible planting sites and then determining mitigation priorities. The averages were binned how a tree planted in the site would impact into five (5) classes with the higher numbers several factors related to stormwater interception indicating a higher priority for planting. These and erosion control, urban heat islands, and classes ranged from Very Low to Very High. environmental need. Although the planting priority assessment Atwater was assessed by a number of identified 971 acres of plantable area, Atwater environmental features, including proximity has set their canopy goal at 12% (466 acres of to hardscape and canopy, soil permeability, canopy). Therefore, these priority areas should slope, soil erosion factor (K-factor), and urban be used as guidelines, because not all plantable area is required to meet this goal.

Priority Level # of Planting Areas Acres Very Low 1,445 191 Low 3,321 411 Moderate 2,259 197 High 4,037 136 Very High 1,228 37 Total 12,290 971

23 What Do We Have? What Do We Have? 24 The Urban Forest Program The City’s Public Works Department is Tree Planting and Replacement responsible for the care and management While some new trees are planted through of 7,922 city-maintained trees along streets initiatives such as those of the Tree Partners and at public facilities. Current urban forestry Foundation, or funding from CalFIRE grants, operations include: most recent street tree plantings have occurred • Inspection of right-of-way trees as a result of development projects where • Pruning trees are installed by landscape maintenance contractors and/or subcontractors. Often, when • Tree removal city-maintained trees are removed, the City will • Service requests replace them if the site is suitable. • Emergency response Emergency Response • Tree planting While there is no one-size-fits-all solution to Tree Care and Maintenance dealing with emergency events such as major storms, the City receives all emergency calls The Public Works Director is responsible for and then determines how to best deal with managing the maintenance of public facilities the situation in the most effective and efficient and landscapes, including city-maintained manner. The response may include contracted trees. The City has one part-time maintenance staff and/or a combination of in-house employee whose duties include Parks tree care, (supervisory) and contracted (labor) personnel. as well as other Parks maintenance tasks. The Public Works Director provides inspection and Funding reporting of trees growing along city-maintained Stable and predictable funding is critical to streets and right-of-ways based on service the effective and efficient management of requests, and determines the necessary tree the urban forest. Trees are living organisms, maintenance. Most landscape maintenance, constantly growing and changing over time and including small tree maintenance, is contracted in response to their environment. There are a to local tree care professionals. number of factors that affect tree health and Inspection and Pruning structure, including nutrition, available water, pests, disease, wind, and humidity. While it Street tree inspections are mainly driven by might seem like most changes to trees take a service requests. Tree maintenance operations long time to occur, some specific maintenance are scheduled based on these inspections. Most is critical at certain stages of life. For instance, trees are maintained on an as-needed basis young trees benefit greatly from early structural by the City’s contractor. While some trees are pruning and training. Minor corrections that are regularly pruned for clearance for large vehicles simple can be applied with low costs when a tree (paving trucks, sweeping trucks, etc.), and some is young. However, if left unattended they can are pruned for known maintenance needs, no develop into very expensive structural issues structured pruning cycle currently exists. and increase liability as trees mature. At that point, it may be impossible to correct the issue

25 What Do We Have? without causing greater harm. Over-mature as response to service requests. It does not trees often require more frequent inspection include the portion of City staff time that goes and removal of dead or dying limbs to reduce into the program, which cannot be determined. the risk of unexpected failure. A stable budget Annual tree maintenance costs are funded allows urban forest managers to program the almost entirely by the gas tax. City staff is necessary tree care at the appropriate life stage funded from the General Fund. The current FY when it is most beneficial and cost effective. (2016/2017) provides $50,000 to the program. In Fiscal Year (FY) 2015/2016, the annual City budget for contracted urban forestry services was $75,000 ($9.47/tree), less than 0.01% of the overall municipal budget (Figure 7). This figure includes the contractor portion of inspection, pruning, removal, and new tree planting as well

What Do We Have? 26 Policy and Regulation City policies and regulations provide the Parks and Recreation Master Plan foundation for the urban forestry program. They The Atwater Parks and Recreation Master outline requirements and specifications for the Plan was developed in 2009, when the Parks planting, installation, and care of public trees and Recreation Department was still separate and provide the regulatory framework for the from Public Works. This plan was developed protection and preservation of the urban forest to drive the care of parks in Atwater, including assets as well as enforcement options. the care of the park trees. While the needs of The development of the UFMP included a Atwater have changed with levels of staffing and comprehensive review of existing policies, department blending, some of the strategies in development and construction standards, this plan are still relevant, particularly those that ordinances and other regulations that apply to discuss increasing tree-related staff if and where the urban forest. This section summarizes the possible, and those regarding furthering the critical aspects as they relate to the urban forest. city’s partnership with Tree Partners Foundation, Municipal Code a local nonprofit which will be discussed in depth in the Stakeholders section. Atwater’s Municipal Code includes Chapter 12.32 - Trees, which provides provisions for urban tree canopy. This Chapter provides the definition of a street tree and defines ownership and liability. Specifically, this Chapter: • Prohibits damage to street trees. • Provides the Director of Public Works with the authority to enforce this Chapter and the authority to plant, trim, spray, preserve, and remove street trees. • Prohibits any person from cutting, trimming, pruning, planting, spraying, removing, or otherwise injuring or interfering with a street tree without prior written permission of the Director of Public Works. • Outlines the requirements to remove and replace street trees during construction or repair projects. • Defines the liability for hazards on private property. • Confers the responsibility for watering street trees to the adjacent property owner.

27 What Do We Have? Community Outreach Community outreach and education are an important component of the urban forestry program. Community engagement regarding public tree issues ensures that the community has an appreciation for the value and benefits of the urban forest and an understanding of the program and resources that are required to support it. Currently, the urban forestry program supports public tree plantings, workshops, and other tree-related celebrations, most of which are held with the assistance of Tree Partners Foundation or other nonprofit groups. The website offers information about the Public Works department, the Community Development and Resources Commission (CDRC), and relevant Municipal Codes. Increasing programming for outreach and education is an integral part of the Urban Forest Master Plan.

What Do We Have? 28 Stakeholders The urban forest has an impact on every resident, long-standing tradition of giving away trees. visitor, property owner and business in Atwater. The organization has a board of six members, The benefits of community trees extend beyond with a volunteer base of students from Merced the city limits and the responsibility for their care College. Bryan Tassey is the organization’s and protection is shared by many individuals, Executive Director. volunteers, nonprofit organizations, city Goals departments, and tree care professionals. The The Tree Partners are an organization that engagement and contribution of stakeholders focuses on education and outreach regarding was integral to the development of the UFMP. tree planting, maintenance, and monitoring in While it may not be their primary focus, many individuals and departments within the City order to develop a more vibrant urban forest. share some level of responsibility for community They have programs geared both toward youth trees, including planning for, caring for, and/or and school classes as well as adults. Tree Partners also partners with local governments affecting the policy of urban forest assets. Davey in the region, including Atwater. They provide Resource Group worked with Public Works staff to identify other departments and individuals who feedback on local tree policy, encourage a have a stake in the management of community stronger focus on urban forest programs, and trees. Stakeholders were invited to participate collaborate with cities on grant opportunities. in an interview and discussion about their role Projects and perspective on the urban forest, as well as Tree Partners Foundation has completed their views, concerns, and ideas for the UFMP. numerous projects and helped cities accomplish Internal stakeholders who contributed to the many goals. Certain projects stand out as planning process included representation from especially impressive. The organization the following: donated a greenhouse to the Merced College Tree Partners Horticulture program, and the students then built Foundation the greenhouse. The Foundation also donated The Tree Partners Foundation 1,050 15-gallon trees to Merced Irrigation are key stakeholders in urban District customers for free. Merced College forestry in the city of Atwater. students and the UC Master Gardeners were This nonprofit organization onsite to assist with distribution and provide helpful advice. Since it was first developed, Tree started in the city of Atwater, but over time has Partners Foundation has planted over 2,000 spread to cover the area that ranges north to trees in several cities in the Central Valley, with Ripon, east to Planada, west to Gustine, and the majority of plantings taking place in Merced, south to Chowchilla. Atwater, Livingston, and Ripon. Background Tree Partners Foundation was founded by Jim Williamson and his wife, Barbara, in 2003. The organization developed from the Williamsons’

29 What Do We Have? Rotary Club park and help the city to keep this park clean Rotary is a global and maintained. Adopt-A-Park members would organization of groups that rarely be able to perform tree maintenance in commit time and energy these parks, but plantings are within the possible scope of work for these groups of volunteers. to service projects that make a positive change in Community Development and local communities. The Atwater Rotary branch Resources Commission works on a myriad of projects throughout the The Community Development and Resources community in the interest of neighborhood Commission (CDRC) was formed after the Parks progress. Some of the community projects of and Recreation Department was combined into Atwater Rotary include urban forestry plantings. the Public Works Department and the Parks Garden Club and Recreation Commission was dissolved. The Commission reviews, advises, and makes Atwater Garden Club and Camellia Society was organized in 1977. The organization meets in decisions on planning and zoning matters, traffic matters, and parks and recreation concerns. September through June on the second Tuesday of the month. This organization is focused on Since the Commission is involved in both parks matters and traffic concerns, urban forestry is gardening in Atwater, and preserving the beauty part of the Commission’s oversight. of Atwater’s landscapes. While the group does not have a sole focus on trees, they are a part of Mayor and City Council the group’s concerns. This organization works The Mayor and City Council are elected officials in Atwater in a volunteer capacity. that make the decisions that govern the city, with Adopt-A-Park input from their constituents. The city of Atwater Atwater has a small Adopt-A-Park program. has four City Council Members in addition to the Mayor. The Mayor has been elected by the As part of this program, community members, citizens of Atwater in a direct vote since 1978. organizations, school groups, etc. can adopt a Since the City Council and Mayor are the decision-making body of the city, their decisions have a direct impact on the urban forestry program in Atwater. Historical Society The Atwater Historical Society is a group formed in 1972 concerned with preserving the history of Atwater, from historic buildings like the Bloss Home, to documents, photos and records that tell the story of the area. Tree preservation and the history of the city’s trees are among the Society’s interests.

What Do We Have? 30 Conclusion With a canopy cover of 9.1%, a relatively young branch structure, provide clearance for visibility community urban forest in good condition, and and travel, promote safety, and reduce the risks a Public Works Department dedicated to the of tree and branch failure. At times, urban trees management and maintenance of public trees, require management for pests and disease to Atwater is poised to grow a more sustainable preserve their value in the landscape. urban forest that provides optimal environmental Timely and proactive care will help control and and socioeconomic benefits. Through the years, reduce the overall cost of maintaining an urban the City has assembled a strong foundation and forest, improve the longevity of individual trees, the tools necessary for making meaningful and and preserve the existing benefits that come effective management decisions over the next from mature trees. 25 years, by collecting up-to-date information including: Of primary concern for all California urban forests is sustainability in the face of ongoing • Current inventory of city-managed trees drought, emerging pests, and climate change. • Urban Forest Resource Analysis To improve resiliency in the community tree • Urban Tree Canopy Assessment and GIS resource, Atwater should: canopy layer • Plan for and promote greater species • An update to existing tree ordinances diversity in the street tree inventory. This information establishes a baseline for • Ensure structural pruning for young trees monitoring progress towards tree canopy goals to promote strong branch attachments. and benchmarks for measuring the long-term • Inspect and maintain every city-managed success of UFMP. tree on a minimum 7-year cycle. Challenges and Opportunities • Maintain and update the inventory The community forest is a dynamic, growing, database, including tracking tree and ever-changing resource that requires growth and condition at the time of tree ongoing, proactive management to support maintenance. tree health and safety and fully realize its The City currently has very limited resources maximum potential. Anticipating challenges and when it comes to the urban forest, and currently recognizing opportunities is key to implementing has no staff dedicated to the maintenance of strategies in a timely and efficient manner. Over urban trees. To ensure adequate care and the next 25 years, Atwater will likely face a maintenance cycles, the City will need to number of critical challenges and opportunities optimize funding from existing sources, as well affecting the urban forest. as research and apply for grant funding and Because trees are always growing and other new resources. responding to their environment, they require The UFMP recommends exploring the creation maintenance to address structural issues. of landscape districts for new developments Unlike natural forests, urban forests require and neighborhoods that desire enhancements regular care and maintenance to ensure strong to their urban forest. Across disciplines, the

31 What Do We Have? plan recommends that subdivisions be planned around the idea of planting and maintaining trees with smart design. It also recommends restoring urban forestry staff as possible, and looking at additional options for administrative support. Ultimately, protecting and growing the urban forest requires a commitment from the entire community. Resident engagement combined with volunteer collaboration are integral to the success of the UFMP and the urban forestry program. Increasing outreach and public education will help generate support and enthusiasm for growing tree canopy and maintaining the community tree resource for maximum benefits and sustainability. It will be important to nurture relationships with volunteer groups, including the Tree Partners Foundation and neighborhood groups, to augment city resources and coordinate outreach efforts. Altogether, Atwater is poised to enjoy ongoing environmental and socioeconomic benefits from community trees. The UFMP will help to grow these benefits and help Atwater be a vibrant, healthy, and attractive community.

What Do We Have? 32 What Do We Want? Community Participation To better understand how the community values the Community Development and Resources urban forestry and the benefits of community Commission (CDRC). The main concerns of the trees and to provide community stakeholders involved stakeholders included: with an opportunity to express their views • California’s drought and how it will continue about management policies and priorities, the to affect urban canopy development process for the UFMP included a community meeting and individual stakeholder • Diminished staff due to decreased funding, interviews. which results in deficient tree maintenance The meeting was promoted through a city • Decreased interest and insufficient mailer with monthly utility bills. Invitations were education about urban forestry from sent directly to people and community groups Atwater citizens and city staff showing an interest in urban forestry, or those • Trees that are suffering from pest and who are influential in Atwater’s urban forestry disease issues, causing infrastructure program. issues, or are otherwise the wrong tree for the wrong place Stakeholder Interviews Atwater’s stakeholders would like to see a Stakeholder interviews were held on September 21 and 22, 2016, at Atwater City Hall. These push toward planting and maintaining trees interviews focused on the stakeholders that more sustainably and consistently, planning and developing more wisely in order to are likely to be most affected by the UFMP, including the Mayor and City Council, Tree properly support canopy, and working with and Partners Foundation, the Historical Society, and improving existing resources so the current

33 What Do We Want? program can see progress. While aesthetics planning session to identify goals and objectives are of interest, the number one goal mentioned for the UFMP. Attendees discussed a number of from the stakeholders was developing more concerns including: canopy cover to provide shade and cooling to A desire for more overall tree canopy cover the Central Valley city. These groups and value • saw a value in education and outreach, as well • Better preservation of canopy and trees in as collaboration with nonprofits and community development projects as well as stronger groups, in particular, Tree Partners Foundation, enforcement of planting requirements and and feel that engaging the community’s youth tree retention in developments will provide the biggest impact. • Greater consistency in management of Atwater trees Community Meeting A public meeting was held on Wednesday, • A desire for more public trees, including January 25, 2017, from 6:30 to 8:00 p.m. at the trees in parks, streetscapes, and parking lots Atwater Community Center. The meeting began with a presentation on the community’s tree The attendees also discussed the importance resource and an overview of the development of education and outreach along with ways to process for the UFMP. Following the presentation motivate Atwater citizens to see the value of attendees participated in a discussion and urban canopy.

What Do We Want? 34 Goals and Strategies Based upon a review of the current urban and private property, in order to increase canopy forestry program and resources (What Do We from 9.1% to 12%. This goal also supports the Have?), and input from the community and other preservation of existing tree canopy where stakeholders, the UFMP identifies five goals that possible. support and represent what Atwater citizens, This goal promotes recognition of the contribution stakeholders, and staff want for the future of and value of trees as a component of urban the community urban forest in Atwater. These infrastructure and aims to ensure the appropriate goals, and the strategies that support them, incorporation of trees and landscapes into are intended to optimally manage the city’s development and reconstruction projects as community forest in an efficient, cost-effective, well as into the overarching plans and guiding sustainable, and safe manner. documents that communicate the vision or our Goal 1 – Develop and Maintain a community. Sustainable, Healthy, and Safe Urban Objectives for this goal include ensuring that Forest Resource trees are an important and integral component This goal and the objectives that support it of development and redevelopment projects, are intended to improve the overall health updating existing planning documents and resiliency of the community urban forest, to reference the UFMP and other policy preserve existing benefits, and provide a strong documents, and City participation with regional foundation for sustainability of the resource and urban forestry groups and objectives. the benefits from public trees. Goal 3 – Develop Comprehensive, User- Objectives for this goal include ensuring that all Friendly Regulations and Policies public trees are cared for on a regular basis and This goal ensures an appropriate regulatory in accordance with current industry standards framework in support of the community’s and best management practices. Other vision for the urban forest. Objectives include objectives include developing a comprehensive revisions to Chapter 12.32 of the Municipal tree planting and replacement plan that uses Code to promote consistency and clarity, as well available space to the greatest advantage. This as accordance with current state regulations, plan will also provide consideration for species industry standards, and best management diversity, drought tolerance, and low-water use practices. Other objectives for this goal include landscapes, as well as strategies for keeping revisions to design and construction standards inventory data current. for tree planting sites to provide options which Goal 2 – Preserve and Expand Urban maximize opportunities to plant large shade Tree Canopy, and Rebrand Trees as trees and preserve existing canopy during Community Infrastructure development and renovation. Recognizing that the primary source of Goal 4 – Optimize Funding and Identify environmental benefits from the urban forest is New Opportunities tree canopy, this goal is focused on increasing This goal aims to identify and secure necessary tree canopy cover across Atwater on both public funding (short-term and long-term) for the

35 What Do We Want? establishment, preservation, and maintenance presentations, and other materials to of the community urban forest and overall communicate the value and benefits of trees canopy cover. and canopy, and maintaining a comprehensive Objectives include identifying and applying for and dynamic website for sharing valuable available grant funding, increased collaboration information about tree care, landscaping with with groups who share an interest in the urban drought tolerant and low water-use plants, and forest, and optimizing support for public tree proper irrigation. care from existing sources. This goal also supports partnerships with Goal 5 – Increase Education, nonprofit organizations, school groups, and Outreach, and Community community groups to accomplish these goals Engagement whenever possible. This goal supports the development of The following section, How Do We Get programs, activities, and materials that increase There?, provides comprehensive details for awareness and appreciation for the urban forest the objectives, strategies, and implementation and trees in general. measures identified in the UFMP. Objectives include developing workshops,

What Do We Want? 36 How Do We Get There? The following section provides the details for each of the UFMP goals. A complete listing of objectives is detailed for each goal along with a comprehensive set of specific strategies that will guide urban forest managers towards achievement of the objective. The UFMP identifies appropriate resources to adequately manage the community’s urban forest and natural resources. The Plan provides short and long-range goals that are intended to be accomplished as resources permit. The Plan is a dynamic tool that can and should be adjusted in response to changes in available resources and community expectations. The UFMP should be reviewed regularly for progress and to ensure that the objectives and strategies are integrated into the annual work plan. A timeline illustrating the objectives and priorities is included in the Appendix. Cost Guidelines: Low ($0-$25,000), Medium ($25,001-$50,000), High ($50,001+) Goal 1 – Develop and maintain a sustainable, healthy, and safe urban forest resource This goal is intended to improve the overall health and resiliency of the community urban forest, preserve existing benefits, and thereby provide the foundation for sustainability of the resource and maximization of benefits over time.

Objectives Priority, Time, Cost

1.1 Ensure that all public tree care adheres to current industry standards and best management practices (BMPs). The Tree Care Industry Association (TCIA) and the International Society of Priority: High Arboriculture (ISA) team with government agencies, tree care companies, Time: Ongoing and green industry organizations to develop and maintain comprehensive Cost: Low standards approved by the American National Standards Institute (ANSI). The ANSI A300 Series applies to tree care operations and ANSI Z133 safety requirements apply to employers and employees engaged in arboricultural operations. The ISA Best Management Practices Series compliments these standards. The City of Atwater applies these standards, which are based on current science, to ensure the highest level of tree care and thereby promoting health and longevity, reducing the risk of tree failure and minimizing liability. Strategies: A. All work must conform to the current industry standards and BMPs. The General Services Division shall maintain a copy of these standards on file. These standards include: • American National Standards Institute (ANSI) A300 Series, for

37 How Do We Get There? Objectives Priority, Time, Cost

Tree Care Operations- Standard Practices for Tree Pruning • ANSI Z133.1 Safety Requirements for Arboricultural Operations • International Society of Arboriculture (ISA) Best Management Practices for Tree Pruning, Cabling, Fertilization, Tree Planting, Integrated Pest Management • California Occupational Safety and Health Administration (OSHA) B. Tree pruning in utility corridors shall adhere to ANSI A300 Integrated Vegetation Management – Part 7 • Work with utility providers and contractors to develop a management policy and standards to tree in utility easements • Optimize partnership between utility representatives and forestry staff C. Train in-house and contracted staff to understand the City’s overall objectives for care of the urban forest. 1.2 Ensure that all city trees are on a regular pruning cycle. A cyclical pruning program ensures that all community trees are inspected Priority: High and pruned every 5 years, promoting the preservation of tree health, Time: Ongoing longevity, structure, and risk management. Cost: High Strategies: A. Maintain all city trees on a 5-year cycle, based on Atwater Maintenance Schedule (Appendix) • Maintain cycle-buster trees on their proposed schedules • Inspect Modesto ash and callery pear annually for mistletoe and perform mistletoe removal as needed B. Maintain young and newly planted trees on a training schedule to optimize structure and reduce future pruning needs. • 2-4 year cycle dependent upon species and growth rates 1.3 Provide basic arboriculture training to urban forestry maintenance personnel. Provide basic arboriculture training for maintenance staff involved in Priority: High tree care, including small branch removal, young tree training, and risk Time: Ongoing identification. Currently, few staff are involved in tree maintenance, but as Cost: Low-Medium budgets allow for additional on-site staff, this strategy should be enforced.

How Do We Get There? 38 Objectives Priority, Time, Cost

Ensure all contracted personnel have received this basic training. Strategies: A. Training and structural pruning of young trees B. Tree staking and maintenance of support system C. Basics of tree inspection and recognizing hazardous conditions. 1.4 Develop a comprehensive tree planting and replacement plan for the community urban forest. Planting new trees where space is available and replacing those that Priority: Medium are removed supports the sustainability of the community urban forest. Time: 2019/2020 Planning this process promotes a stable benefit stream and helps to Cost: Medium ensure that the right tree is planted in the right place. Strategies: A. Classify and prioritize available planting sites based on: • Space and minimum planting setbacks • Soil characteristics • Irrigation infrastructure • Landscape objectives and tree density • Site constraints and existing infrastructure, including hardscape, utilities (overhead and underground), bridges, and culverts B. Increase diversity in the street tree resource (not applicable to open space, natural areas, oak woodlands, and riparian areas). • Follow prescribed standards for diversity: • No single species represents >10% of the resource • No single genus represents >20% of the resource • No single family represents >30% of the resource • Reduce reliance on overused species • Limit pistache (Pistacia) species in the street tree inventory. Do not plant additional pistache unless the species representation decreases to less than 10% • Include selection of native and/or drought tolerant species in planting palette (refer to Atwater Master Tree List for species recommendations)

39 How Do We Get There? Objectives Priority, Time, Cost

• Include species/varieties with varied pest/disease vulnerability (i.e., avoid planting species that are susceptible to known pests and disease) C. Place emphasis on Right Tree Right Place: • Reducing hardscape and utility conflicts • Matching tree species to soil and water conditions • Matching tree species to planter size and intended use • Coordinate with utility providers to ensure species compatibility in utility easements and ROW • Plant large-stature species where feasible to optimize shade and environmental benefits • Plant in parks to optimize benefits to the entire community D. Identify mature/over-mature trees that have reached the end of their useful lifespan and plan for their gradual replacement. E. Set planting and replacement rates to support growth and sustainability in the overall resource along with environmental benefits. • Currently, the City has a canopy cover of 9.1% with a target of 12%. Planting rates should work to reach this target and increase the benefits provided by the canopy. • While ideal planting rates should grow canopy and benefits over time, at minimum, planting plans should sustain the current canopy cover F. Ensure planting and replacement rates to support growth and sustainability in the overall resource along with environmental benefits. • Identify available sites and increase stocking level, with parks as a priority • Replant trees consistent with the city’s tree replacement requirements • Identify optimal species for vacant sites and include new tree planting in annual work plans G. Utilize GIS data for developing optimal planting strategies. • Identify locations, neighborhoods, and other areas where tree planting will enhance the overall canopy cover and connectivity of

How Do We Get There? 40 Objectives Priority, Time, Cost

forest stands • Identify underserved (under-treed) neighborhoods, with lower than average tree canopy, where increasing canopy can provide greater benefits to the health, social, and economic environment of residents • Geostatistical analysis of species diversity • Mitigating Heat Island (See UTC Assessment, 2016) H. Consider that larger planting projects may qualify as mitigation projects for meeting CEQA requirements. • Prioritize planting sites/areas to ensure coordination with planned improvements and construction • Coordinate with planners and developers to maximize canopy in new development 1.5 Develop and implement a tree inspection policy. Ideally, every public tree should be observed periodically by an experienced Priority: High Certified Arborist to identify health and structural issues. A relatively quick Time: Ongoing visual assessment can provide a great deal of information to the trained eye Cost: Medium and allow for the identification of serious issues and risks before problems become critical. This process can occur over a number of years and/or be integrated into the maintenance cycle. The policy should also maximize the canopy potential and benefits of the community tree resource by ensuring that trees are planted in all available public planting sites and that as failing trees are removed, they are replaced in a timely manner. The policy and actions that result should be well documented. Strategies: A. Inspect high-risk and mature trees to record changes and proactively address age and structural-related issues/mitigation needs. B. Inspect and document tree inspection in conjunction with regularly scheduled maintenance (i.e., pruning cycles). • Identify potential risk factors • Schedule follow-up inspections where necessary • Identify signs or symptoms of disease, pests, and abiotic disorders, including environmental stress (e.g., water management, soil conditions, and nutrient availability)

41 How Do We Get There? Objectives Priority, Time, Cost

• Identify and prioritize plant health care and structural mitigation needs C. Train maintenance staff to recognize hazardous and unsafe conditions in trees. This process can also be performed with contract staff if maintenance staff is unavailable 1.6 Develop a Risk Management Plan and policy for urban forestry operations. This objective is intended to manage the public safety component of Priority: High community forestry. Managing the risk of trees (i.e., inspection, identification Time: 2018/2019 of risk factors, and mitigation) can significantly reduce the likelihood and Cost: Low liability of entire tree or branch failure. Strategies: A. Work within Public Works Department to identify objectives and action thresholds for tree risk management. • Include criteria for removal versus other methods of risk mitigation, including cabling, bracing, and limiting exposure and relocating target(s). • Require indemnity clause and adequate insurance for all professional services contracts. B. Coordinate risk management objectives with a tree inspection program. C. Identify risk assessment priorities, protocols, policy, and final authority for removals. 1.7 Review goals and objectives for the UFMP and incorporate into annual work plans. The UFMP is intended to be an active tool that can and should be Priority: High adjusted in response to available resources and changes in community Time: Annual expectations. In addition to serving as a day-to-day guide for planning and Cost: Low-Very High policy making, the UFMP should be reviewed annually for progress and integration of objectives into the annual work plan. Strategies: A. Review UFMP annually and adjust targets as necessary. B. Integrate current objectives and strategies into the annual work plan. C. Review objectives and strategies for attainment status and update

How Do We Get There? 42 Objectives Priority, Time, Cost

the Timeline for Objectives and Strategies (Appendix). Priority: High 1.8 Develop a program for keeping inventory data current. Time: 2018/2019 Cost: Low As with other public assets, maintaining up-to-date information is crucial to work planning, budget development, and risk management. Managing data with asset management software provides managers and staff with the tools and information they need to make timely and informed decisions. Strategies: A. Explore hardware options such as smartphones/tablets to allow for updates to occur simultaneously as maintenance and/or inspections are completed. B. Update tree inventory data in conjunction with maintenance operations (e.g., cyclical trimming/pruning operations and inspections): • Confirm species • Update DBH • Update condition rating • Update special maintenance needs and/or request for follow –up (inspection, IPM, etc.) 1.9 Ensure that tree care operations comply with federal Priority: High and state wildlife protection requirements. Time: Ongoing Cost: Low Urban trees provide shelter and homes for many bird and wildlife species. Federal and state regulations protect endangered and migratory species and nearly all common wild birds in the U.S. Forestry operations should provide adequate consideration to the protection of these species and their habitat. Strategies: A. Require training of in-house and contracted staff. • Awareness of federal and state wildlife protection requirements • Inspection and identification of wildlife and active nest sites

43 How Do We Get There? Goal 2 – Preserve and enhance tree canopy, and rebrand trees as community infrastructure The primary source of environmental benefits from the urban forest is tree canopy. The more tree canopy, the greater the benefits to the community in energy savings, carbon reduction, air and water quality, and socioeconomics. Atwater’s tree canopy provides these critical benefits that support and improve the quality of life for residents, visitors, and the entire region. Preserving and growing those benefits is of vital importance. This goal is intended to increase canopy cover across Atwater on both public and private property.

Objectives Priority, Time, Cost

2.1 Adopt an overall canopy goal of 12%. The Urban Tree Canopy Assessment (2016) mapped the location and Priority: High extent of tree cover across Atwater, establishing a baseline value of 9.1% Time: 2018 overall average canopy across the community. Based on the city’s goals Cost: Medium of increased shade and cooling, aesthetics, and benefits from trees, an increase in canopy cover is essential. Strategies: A. Adopt an overall canopy goal of 12%, consistent with the city’s goals and community feedback B. Identify and implement more specific goals based on land use: • Residential • Commercial • Parks/Open Space • Schools C. Engage the community in progress towards canopy goals. Encourage neighborhood-organized plantings and educate on the importance of canopy and its benefits 2.2 Conduct a tree canopy assessment every 10 years. With a baseline urban tree canopy assessment (2016), Atwater can monitor Priority: Low and illustrate changes to the extent and location of tree canopy over time. Time: 2026 Using GIS analysis, the city can measure changes in overall land cover Cost: Low-High as well as by neighborhood and zoning. This information can be used to inform canopy goals and monitor attainment. Strategies: A. Option 1— i-Tree Canopy or other point sampling methodology for

How Do We Get There? 44 Objectives Priority, Time, Cost

estimating change • Low cost • Reliably accurate assessment of overall gain/loss of canopy cover and other land cover classifications • Can be used to measure change at neighborhood or land use levels with enough sample points to achieve an acceptable rate of error B. Option 2— Remote sensing/GIS mapping of extent and location of canopy • Greater detail • Updates GIS map with exact location and extent of canopy • Can be used to examine gain/loss at any level 2.3 Collaborate with nonprofits and volunteer groups to facilitate neighborhood tree planting in low canopy areas. The GIS tree canopy layer can be used to identify neighborhoods and other Priority: Medium locations with less trees. Working with neighborhood groups, nonprofits, Time: Ongoing particularly the Tree Partners Foundation, and volunteers can increase Cost: Low-Medium awareness and participation in community tree planting efforts to expand canopy in under-treed locations. Strategies: A. Coordinate projects with Tree Partners Foundation or other nonprofit groups in low canopy locations B. Collaborate and partner with Tree Partners, nonprofits, and neighborhood groups for tree replacement and improvements to streetscapes. C. Utilize GIS data to target outreach and engagement in areas most likely to benefit from canopy. Considerations include: • Environmental sensitivity/stormwater risk (See UTC Assessment, 2016) • Mitigating Heat Islands (See UTC Assessment, 2016) • Increasing tree canopy in under-treed neighborhood

45 How Do We Get There? Objectives Priority, Time, Cost

2.4 Update existing planning documents to reference the UFMP. The UFMP is an important planning document for the City of Atwater. It Priority: High is complementary and supportive of the General Plan. As revisions occur Time: Ongoing to community and specific plans, those plans should be amended to Cost: Low recognize and remain consistent with the UFMP. Strategies: A. As revisions occur, coordinate strategic planning documents with Urban Forest Master Plan (2017). B. Ensure that new and revised specific plans reference the UFMP. C. As revisions occur, update the General Plan to recognize the role of trees and canopy as strategies that support and compliment the various components of the General Plan: • Air Quality and Climate Change • Removal and reduction of air pollutants • Carbon sequestration • Mediation of urban heat island 2.5 Apply for and maintain Tree City USA status. The National Arbor Day Foundation’s Tree City USA program recognizes Priority: Low communities for excellence in urban forestry. Benefits include increased Time: 2018 public awareness and engagement. Cost: Low Strategies: A. Identify a Tree Board or Department. B. Maintain the Tree Ordinance. C. Calculate the annual Community Forestry Program Budget. The requirement is at least $2.00 per capita. Atwater’s 2016 contactor- only rate is $2.66. 2017’s contractor-only rate drops to $1.78, but if staff salaries are included in the calculation, Atwater will still qualify D. Celebrate Arbor Day and issue a Proclamation.

How Do We Get There? 46 Goal 3 – Establish comprehensive, user-friendly regulations and policies This goal is intended to ensure an appropriate regulatory framework in support of the community’s urban forest vision.

Objectives Priority, Time, Cost

3.1 Explore the addition/reinstatement of urban forestry staff (part-time or full-time) to the Public Works Department; Explore the addition of a shared urban forester position with other communities. Arborists and urban foresters with municipal credentials are trained and Priority: Medium knowledgeable about the biology of trees and the specific needs of trees Time: 2018-2021 that grow in urban locations. They are uniquely qualified to ensure that tree Cost: Medium-High care operations are performed properly and in accordance with industry standards, thereby promoting tree health and longevity, reducing the risk of tree failure, and minimizing liability. In addition, urban forest maintenance workers have specialized training specific to tree maintenance. Strategies: A. As funding allows, create or reinstate Urban Forest Manager and Urban Forest Maintenance Worker positions B. Responsibilities to include: • Manage the urban forest and oversee operations • Implementation of the UFMP • Development of annual work plan and budget • Leadership for outreach and education • Provide in-house staff training in basic arboriculture • Provide tree inspections/risk assessment • Provide point of contact for residents, volunteers, and nonprofit organizations • Provide technical support for in-house staff (e.g., planners, engineers, community development) • Administration and monitoring of urban forestry contracts • Development and delivery of outreach material, seminars, workshops, and website content • Develop and deliver State of the Urban Forest Report

47 How Do We Get There? Objectives Priority, Time, Cost

• Apply for and maintain Tree City USA status C. If hiring city staff is not an option, explore the possibility of working with one to two other communities to develop a shared urban forester. This position would work part-time in each community in an oversight position. The position could be developed through the county, and each city could pay half or a third of the salary. Responsibilities would be the same as those listed above. 3.2 Revise Municipal Code – Chapter 12.32 - TREES. In addition to the development of the UFMP, the Atwater Plan development Priority: High included a complete review of Municipal Codes affecting public and private Time: 2016-2017 trees. The recommendations from this review reflect current industry Cost: Low standards and state regulations. Strategies: A. Revise Municipal Code – Chapter 12.32 - TREES • Include revisions to 12.32.080 - New Construction, 12.32.090 - Maintenance and Exceptions, and 12.32.110 - Street Tree Protection, in addition to overall code review and revision 3.3 Consider design and construction standards that apply to trees and planter sites and ensure that trees are an important and integral component in new development and redevelopment projects. To reach full potential (i.e., a trunk diameter, height, and canopy spread Priority: Medium typical of the species) and to provide the greatest benefits to the community, Time: Ongoing a tree must have enough soil volume to support healthy root growth and Cost: Low-Very High structure (Appendix Soil Volume & Tree Stature). This is particularly important in parking lots and other paved areas where the temperatures of surrounding asphalt can inhibit the natural spread of roots beyond planter boundaries. In addition to planter design, species selection is critical (e.g., right tree, right place) to ensure that a tree will perform its intended role and function in the landscape in balance with other infrastructure. Finding adequate planter space for medium and large-stature trees can be a challenge in urban areas where space for large trees is often limited by hardscape. Developers and City planners should consider using planter designs that increase soil volume below grade when surface area is restricted by impervious surface. See Appendix Soil Volume & Tree Stature and Alternative Planter Designs.

How Do We Get There? 48 Objectives Priority, Time, Cost

Since trees and landscaping are an integral part of most development and redevelopment projects, adequate resources should be included for trees as well as for constructing planting sites that support mature tree development. As an added benefit, shade from trees can help to extend the lifespan of infrastructure, including paving materials for streets, parking lots, and trails. Strategies: A. Provide options for increasing uncompacted soil volume below grade and hardscape (See Appendix). • Suspended sidewalks • Pervious surfaces • Structural soils • Flexible (e.g., rubber) sidewalks and pavements B. Ensure all landscape designs and planting plans incorporate and consider existing infrastructure above, at, and below grade (e.g., utilities, hardscape, lighting, solar, etc.) C. Incorporate trees into City-planned projects. • Include consideration for the multiple and beneficial functions of trees (e.g. for stormwater management, shade, aesthetic, walkability, etc.). D. Develop clear and consistent guidelines to identify and preserve mature and significant trees wherever possible • Identify parcels with high canopy cover that may be at risk of development and develop specific preservation and mitigation strategies to prevent significant loss of mature tree canopy. • Develop guidelines for tree preservation during new construction as part of the ordinance revision and/or construction standard revisions. E. Ensure that tree planting sites are adequately constructed to support the mature growth of trees, as well as constructed with the proper infrastructure (i.e., irrigation) to allow establishment and growth F. Ensure that new and redeveloped landscapes consider the needs of the region, using plants with suitable water needs, plant hardiness, etc.

49 How Do We Get There? Goal 4 – Optimize funding and identify new opportunities This goal is intended to identify and secure funding, both short-term and long-term (sustainable), for the establishment, preservation, and maintenance of public trees and canopy in Atwater

Objectives Priority, Time, Cost

4.1 Optimize support for urban forestry operations from existing sources. Atwater’s public trees provide substantial benefits to the community, Priority: High contributing to the beauty, health, quality of life, and livability of the city. Time: Ongoing Engaging and educating community leaders about the value, benefits, and Cost: Low-Very High return on investment for managing the urban forest is crucial for securing adequate funding and resources necessary for the maintenance and preservation of community trees. Strategies: A. Optimize funding from existing sources: • Department budget • Gas tax B. Demonstrate and report the need and justification for funding the care and maintenance of public trees, including: • Annual work plan • Risk mitigation plan • UFMP objectives C. Optimize funding for tree planting on construction sites • Projects should include adequate consideration of trees and planter space, including the construction of planters and pavements that support mature tree development and tree health (e.g., suspended pavement, structural soils). Since these are often developer- funded, the fiscal impact will be low to the City. D. Explore landscape assessment districts for: • Citywide Lighting and Landscape District (first priority) • Districts for new development • Districts for City Tree Maintenance Zones E. Explore the option of developing a tree mitigation fund for tree removals in areas that do not support sufficient replacements in areas of new development:

How Do We Get There? 50 Objectives Priority, Time, Cost

• Work with regional forestry organizations, such as Tree Partners Foundation, to develop appropriate fees and mechanisms for tree replacement. • Identify options for additional sources of revenue: • Appraisal fees for vehicular accidents involving trees • Fines for damaging public trees • Other • Consider half-cent sales tax to grow urban forestry budget 4.2 Identify and apply for available grant funding. Grant funding for urban forestry operations is often available at national, Priority: High state, and regional levels. Funding from grants can provide opportunities Time: Ongoing and support for critical components and urban forest projects of various Cost: Low-Medium size. Matching grants can help to maximize the value of existing resources. Strategies: A. Identify grant opportunities, including regional, state, national, special interest, and others, that may support urban forest program development and the objectives and strategies identified by the UFMP. B. Apply for grants that support community needs, urban forest programming and/or the implementation of objectives and strategies identified by the UFMP. 4.3 Increase and optimize partnerships and collaborations with individuals, groups, and agencies who share urban forest goals. Collaboration with organizations and individuals who share a concern for Priority: High a healthy urban forest can maximize the benefits from available funding Time: Ongoing sources through partnerships and alliances that capitalize on shared goals Cost: Low-Medium and vision. Strategies: A. Nurture existing relationships with individuals, HOAs non-profits, business groups, regional groups, government agencies, and others who share a vision and goal for a robust urban forest. B. Identify individuals and groups with shared vision and goals aligned with a healthy and well-maintained urban forest.

51 How Do We Get There? Objectives Priority, Time, Cost

C. Collaborate on projects with outcomes that meet shared goals and objectives for the urban forest and the UFMP. D. Continue to strengthen partnership with Tree Partners Foundation for both planting and educational opportunities. Goal 5 – Increase outreach, education, and community involvement This goal is intended to support the development of programs, activities, and materials that increase community awareness and appreciation for the urban forest and trees in general.

Objectives Priority, Time, Cost

5.1 Develop and deliver a State of the Urban Forest Report. Public support is critical to a successful and sustainable urban forest Priority: Low program. Keeping stakeholders well informed is the best way to generate Time: 2023 support and engagement. Providing a State of the Urban Forest Report every Cost: Low 5 years is the perfect way to communicate progress and accomplishments toward UFMP objectives. It is also an opportunity to communicate any challenges or issues that may be holding up the Plan. Strategies: A. Update residents on the condition of the community urban forest. B. Highlight services (e.g., number of trees pruned/replaced, service calls responded to, etc.). C. Update the community on progress towards canopy goals and trees planted (public and private). D. Update the community on accomplishment of UFMP goals. 5.2 Maintain the city website for urban forestry; consider developing social media accounts.

The urban forestry webpage is often the first place residents and others Priority: High look to for information about community trees, tree permits, preservation Time: Ongoing requirements, and tree care information. It should be engaging, user- Cost: Low-Medium friendly, and a comprehensive resource for everything about trees in Atwater. Strategies: A. Optimize the visibility and applicability of the urban forestry page of

How Do We Get There? 52 Objectives Priority, Time, Cost

the city website. • Develop searchable terms and a page with updated information B. Highlight and link to the city’s tree ordinances, requirements, policies, and necessary forms. C. Provide information and images that illustrate important information about the state of the urban forest, canopy cover, community trees, including: • Urban Forest Master Plan • Urban Tree Canopy Assessment • Urban Forest Resource Analysis D. Provide active links to important educational topics and engaging articles for residents and property owners • Landscape Guidelines “A guide to selecting and using native and drought tolerant plant species” • Electric and natural gas utility websites that explain safety and Right Tree, Right Place concepts • Utility-friendly species for planting near overhead conductors • Plant a tree • Prune a tree • Fertilize and mulch • Irrigate • Hire an arborist or tree care company • Know when a tree removal is really necessary • Safety E. A homeowner’s list of recommended tree species for Atwater (Master Tree List). F. Up-to-date information about upcoming workshops, educational opportunities, community meetings, etc. G. Information about volunteer and donation opportunities. H. Information about incentives for planting and maintaining trees on private property: • Links to information about carbon sequestration and credits for

53 How Do We Get There? Objectives Priority, Time, Cost

larger parcels. • Convert turf to water-wise landscapes. I. Links to nonprofits and regional, state, and national tree interests. • Tree Partners Foundation • Atwater Rotary • Atwater Garden and Camelia Society • Arbor Day Foundation • California Urban Forests Council J. Consider developing social media pages, such as Facebook, Twitter, Instagram, etc. which engage diverse age groups in Atwater. Keep these pages maintained and post regularly. K. Consider bringing on board a website intern if the city does not have the staffing to maintain the website or social media 5.3 Develop and present workshops and seminars that increase awareness and knowledge about trees and the urban forest. Develop dynamic presentations that highlight the value and benefits of Priority: Medium trees and tree canopy. Develop hands-on workshops for the community Time: 2018-2023 that teach the basics of tree care and the best methods for caring for Cost: Low-Medium trees. Make the presentations and workshops available to the community, schools, and neighborhood groups and for increasing awareness at community and council meetings. Strategies: A. Develop a series of hands-on workshops that teach the basics of tree care (planting, pruning, mulching, fertilizing, watering, etc.). B. Develop a presentation that explains the benefits of the urban forest and tree canopy to the community (environmental, social, and economic). C. Develop a workshop that teaches the basics of irrigation practices and water conservation. D. Design and application of water efficient landscapes and irrigation systems E. Collaborate with schools to deliver workshops that encourage engagement and connection with trees and nature. Perform live tree

How Do We Get There? 54 Objectives Priority, Time, Cost

plantings where the students are able to participate. F. Strongly consider a collaboration with Tree Partners Foundation, as they already have the tools in place for a program of this nature and could work to adapt it specifically for Atwater’s needs 5.4 Develop outreach materials that communicate key information about trees and the urban forest. Develop outreach materials (pamphlets, articles, etc.) that communicate Priority: Medium specific topics about trees, canopy, the urban forest, and environmental Time: Ongoing benefits. Cost: Low-Medium Strategies: A. Place an emphasis on electronic and downloadable materials B. Communicate basics of tree care, including planting, and pruning. C. Communicate water-wise information: • Proper watering on private and commercial property. • Proper watering for trees and plants and watering trees during drought • Species selection & Landscape Guidelines D. Communicate benefits of trees and tree canopy, including environmental, social, and economic. E. Communicate information about the community urban forest, including composition, health, and species diversity. F. Partner with utilities, other city departments, nonprofits, and other groups to incorporate shared information and outreach goals when possible. Possible examples include: • Right Tree Right Place – Power line friendly tree species • Safety considerations for trees near energized lines and underground utilities. G. Educate commercial property owners about the potential benefits of trees and vegetation to their business: • Greater willingness to travel to green business/commercial districts • Higher spending in aesthetically pleasing districts H. Consider use of social media for outreach (e.g. Facebook, twitter)

55 How Do We Get There? How Do We Get There? 56 How Are We Doing? Monitoring and Measuring Results With appropriate care and planning, the urban individuals) to periodically review and update forest is an asset that has the potential to the Master Urban Tree List. Existing species increase in value over time. Considering a young, should be evaluated with consideration for their establishing community tree resource in overall performance history and distribution within the good condition, with proactive management and overall urban forest and provide consideration planning, and additional tree planting to increase for new cultivars and varieties that may provide the canopy cover, Atwater is well positioned to solutions to emerging pests, disease, or climate realize this potential. As young trees mature issues. This list should be updated at least every and their leaf surface and canopy grows, so 10 years. too will the overall benefits and value from the Resource Analysis community’s urban forest. With up-to-date tree inventory data, Atwater The objectives and strategies of the UFMP can quickly and easily complete an updated are intended to support this process in an resource analysis. Updated values on structure, appropriate manner that encourages the annual benefits, replacement value, and benefit sustainable stewardship of community trees versus investment ratios can be compared with consideration for safety, cost efficiency, with the benchmarks set by the 2012 analysis and community values. The UFMP includes to demonstrate progress and improvements strategies for measuring the success of the Plan to health (condition), species diversity, annual over time. benefits, and overall resource value. A resource Annual Review analysis should be completed approximately The UFMP is an active tool that will guide every 5 years to illustrate progress and success management and planning decisions over the towards Plan goals. next 25 years. The objectives and strategies Canopy Analysis should be reviewed internally on a yearly basis With a baseline tree canopy and land cover to record progress and integrate new information analysis (Urban Tree Canopy Assessment, into the annual Department work plan. The Plan 2016), changes to the extent and location also includes strategies for some long-range of tree canopy can be monitored over time. objectives. Target dates are intended to be With updated analysis, the city can measure flexible in response to emerging opportunities, change and progress towards canopy goals in available resources, and changes in community overall land cover as well as by neighborhood expectations. and zoning. The UFMP includes an objective Master Urban Tree List to update the canopy assessment every 10 Maintaining a diverse selection of regionally (and years and provides two options for calculating locally) compatible urban tree species supports progress towards canopy goals: diversity and health in the urban forest. Forestry Option 1— i-Tree Canopy staff should collaborate with stakeholders (e.g., For a quick and inexpensive measure of Tree Partners Foundation, other experienced overall canopy and land cover change, DRG 57 How Are We Doing? recommends using i-Tree Canopy. This effectiveness in maintenance activities (which methodology uses random point sampling to should reduce unit costs). Attainment of the provide an overall estimate of the percentage of goals and strategies will support better tree tree canopy across Atwater and by neighborhood health, greater longevity, and a reduction of tree or zoning. It can also be used to examine the failures. Perhaps the greatest measurement of relationship between tree canopy and other land success for the UFMP will be its level of success cover classifications. However, unlike remote in meeting community expectations for the care sensing, this methodology does not produce a and preservation of the urban forest resource. GIS map of the actual location or extent of tree Community satisfaction can be measured canopy. through surveys as well as evidenced by public support for realizing the goals and strategies of Option 2— Remote Sensing/GIS mapping the Plan. Community satisfaction can also be With advanced GIS and remote sensing gauged by the level of engagement and support software, a top-down canopy assessment for urban forest programs. approach is recommended as the best method to quantify the extent and location of tree canopy. With complete land cover analysis and an updated GIS canopy layer, the city can more easily and precisely assess progress by seeing where canopy has been gained and/or lost through analysis at any level of detail (e.g., neighborhood, parcel, land use). State of the Urban Forest Report The UFMP calls for the city to deliver a State of the Urban Forest Report every 5 years. This report, which includes updates on canopy change, numbers of trees planted and removed, and changes to the overall community urban forest (e.g., structure, benefits, and value) will serve as a performance report to stakeholders and an opportunity for engagement. The report is also an opportunity to highlight the successful attainment of UFMP goals as well as to inform stakeholders about any issues or stumbling blocks. Community Satisfaction The results of the UFMP will be measurable through improvements to efficiency and How Are We Doing? 58 Appendix References Bibliography Air Resources Board. October 2011. Compliance Offset Protocol U.S. Forest Project. California Environmental Protection Agency Air Resources Board. www.arb.ca.gov. Akbari, H., D. Kurn, et al. 1997. Peak power and cooling energy savings of shade trees. Energy and Buildings. Vol 25:139–148 City of Atwater. 1991,1994. Code of Ordinances; 12.32 TREES. Web 1/18/16. https://www.municode.com/ library/ca/atwater/codes/code_of_ordinances?nodeId=TIT12STSIPUPL_CH12.32TR City of Atwater. 2009. Parks, Recreation, and Open Space Master Plan. 186p. City of Atwater. 1991, 1994. Municipal Code; Chapter 12.32 - Trees. Clark JR, Matheny NP, Cross G, Wake V. 1997. A model of urban forest sustainability. Journal of Arboriculture 23(1): 17-30. Durham, David L. 1998. California’s Geographic Names: A Gazetteer of Historic and Modern Names of the State. Clovis, Calif.: Word Dancer Press. p. 741. ISBN 1-884995-14-4. DRG. 2012. City of Atwater, CA: Urban Forest Resource Analysis. 38p. DRG. 2016. City of Atwater, CA: Urban Tree Canopy Assessment. 21p. Dwyer, J., McPherson, E. G., Schroeder, H. W., and Rowntree, R. (1992). Assessing the Benefits and Costs of the Urban Forest. 1992. Journal of Arboriculture 18(5), 1-12. Heisler GM. 1986. Energy Savings with Trees. Journal of Arboriculture 12(5): 113–125. Hirabayahi, Satoshi. 2014. i-Tree Canopy Air Pollutant Removal and Monetary Value Model Descriptions. www. itreetools.org. http://www.itreetools.org/canopy/resources/iTree_Canopy_Methodology.pdf i-Tree. Tools for Assessing and Managing Community Forests. itreetools.org. Kaplan, Rachel and Stephen. 1989. The Experience of Nature: A Psychological Perspective. Cambridge: Cambridge University Press.

59 Appendix Karl, Tom, P. Harley, L. Emmons, B. Thornton, A. Guenther, C. Basu, A. Turnipseed, K. Jardine. Efficient Atmospheric Cleansing of Oxidized Organic Trace Gases by Vegetation. October 2010. Web 11/9/2010. http://www.sciencemag.org/cgi/content/abstract/330/6005/816> McPherson, EG., Xiao, Xl, Maco, S.E., VanDerZanden, A., Simpson, J.R., Bell, N., Peper, P.J. 2002. Western Washington and Oregon Community Tree Guide: Benefits, Costs and Strategic Planting. Center for Urban Forest Research Pacific Southwest Research Station. Fs.fed.us/psw Miller, R. W. 1988. Urban Forestry: Planning and Managing Urban Greenspaces. New Jersey: Prentice Hall. National Tree Benefit Calculator. http://www.treebenefits.com/calculator/ Science Now. Tree Leaves Fight Pollution. October 2010. sciencemag.org. Web 11/05/2010. Ulrich, Roger S. 1986. Human Responses to Vegetation and Landscapes. Landscape and Urban Planning, 13, 29-44. United States Census Bureau. Quick Facts: Atwater .https://www.census.gov/quickfacts/table/ AGE765210/0603162. Web 12/6/2016. Urban Ecosystems and Processes. 2015. USDA Forest Service Pacific Southwest Research Station. https:// www.fs.fed.us/psw/topics/urban_forestry/ UEP. Urban Ecosystems and Processes (UEP). USDA Forest Service Urban Ecosystems and Social Dynamics Program (formerly called the Center for Urban Forest Research). http://www.fs.fed.us/psw/programs/ uesd/uep/ U.S. Energy Information Administration (EIA) Independent Statistics & Analysis. www.eia.gov. Web 2014. U.S. Geological Survey. 2016. Geographic Names Information System: Atwater, California. Wolf, K.L. 2007. The Environmental Psychology of Trees. International Council of Shopping Centers Research Review. 14, 3:39-43. Xiao Q, McPherson EG, Simpson JR, Ustin SL. 1998. Rainfall Interception by Sacramento’s Urban Forest. Journal of Arboriculture 24(4): 235-244.

Appendix 60 Soil Volume and Tree Stature

Tree growth is limited by soil volume. Larger stature trees require larger volumes of uncompacted soil to reach mature size and canopy spread (Casey Trees, 2008).

61 Appendix Alternative Planter Designs

Stormwater tree pits are designed to collect runoff from streets, parking lots, and other impervious areas. Stormwater is directed into scuppers that flow into below-grade planters that then allow stormwater to infiltrate soils to supplement irrigation.

Appendix 62 Alternative Planter Designs

Bioswales are landscaped drainage areas with gently sloped sides designed to provide temporary storage while runoff infiltrates the soil. They reduce off-site runoff and trap pollutants and silt.

63 Appendix Alternative Planter Designs

Structural soil is a highly porous, engineered aggregate mix, designed for use under asphalt and concrete as a load-bearing and leveling layer. The created spaces allow for wate infiltration and storage, in addition to root growth.

Appendix 64 Alternative Planter Designs

Permeable pavements allow stormwater and oxygen to infiltrate the surface, promoting tree health and groundwater recharge.

65 Appendix Alternative Planter Designs

Suspended sidewalks use pillars or structured cell systems to support reinforced concrete, increasing the volume of uncompacted soil in subsurface planting areas and enhancing both root growth and stormwater storage. Appendix 66 Complete List of Atwater Parks

Amenities

Park or Facility Name Acerage Ballfields Barbecues Basketball Courts BMX Track Covered Picnic Shelter Fountain Drinking Fitness Trail Gymnasium Courts Horseshoe Multi-Purpose Football/Soccer Space Open Parking Lot Picnic Tables Equipment Playground Restrooms Skateboard Park (Lighted) Courts Tennis Albiani Park 5.0 XXX Bloss Park and Grounds 1.7 X Castle Youth Center 0.3 XX XX Cedar Park 0.9 X XXX Civic Center Park 3.9 XX Community Center 0.3 X XXX Community Center Park 3.7 XX E.L. Walters Park 2.3 XXX Girl Scout Hut Park 1.5 XXX Heller Park 0.7 XX XX Joan Faul Park 9.9 X XXXXXX Manuel Bairos Park 4.8 XXXX Memorial Ball Park 2.5 X X X Osborn Park 14.0 XXXXXXXXXXXX Neves Park 2.5 X X Power Line Park 1.8 X Ralston Park 4.8 XXXX XXXX Sandlewood Park 1.8 Veterans Park 17.9 XXXXXXXXXXX Winton Way Park 0.4 XX

67 Appendix Street Tree List

Average Genus Species Common Name Size Class Height Water Needs Notes Caesalpinia cacalaco Casalote (thornless) Small 15-25 Low Utility friendly. Use thornless variety. Chilopsis linearis Desert willow Small 15-20 Low Utility friendly. California native. Chionanthus retusis Chinese fringetree Small 15-20 Moderate Utility friendly. Tall specimens may require height reduction Cotinus coggygria 'Royal Purple' Royal Purple' smoke tree Small 42719 Low Utility friendly. Dodonaea viscosa Purple hopseed Small 8-20 Low Utility friendly. Utility friendly. Susceptible and sensitive to powdery mildew. Select more resistent varieties (e.g.,'Muskogee' and Lagerstroemia indica Crape myrtle Small 10-30 Moderate 'Tuskarora'). 'Natchez' cultivar is aphid-resistant. California native. Usually does not grow above 20 ft. Utility Laurus nobilis California bay Small 10-20 Low friendly, but may need minor maintenance. granatum 'California Punica Sunset' California Sunset' Pomegranate Small 8-10 Moderate Fruitless. Develops a white flower in spring. Raphiolepis Majestic Beauty' Raphiolepis 'Majestic Beauty' Small 15-25 Moderate Also can be trained as a shrub. Utility friendly. Vitex agnus-castus Chaste tree Small 8-20 Moderate Utility friendly. Mid-summer flowering Acacia stenophylla Shoestring acacia Medium 20-40 Low columnar structure, evergreen foliage grandidentatum Acer 'Schmidt' Rocky Mountain Glow Maple Medium 20-30 Moderate Lower water need than most maples Arbutus Marina' Arbutus 'Marina' Medium 25-40 Low Utility friendly. Tall specimens may require height reduction Arbutus unedo Strawberry tree Medium 20-35 Low Utility friendly. Tall specimens may require height reduction Cercis reniformis 'Oklahoma' Oklahoma redbud Medium 20-35 Moderate Utility friendly. Tall specimens may require height reduction Ebenopsis ebano Texas ebony Medium 25-40 Low Slow growing, very hardy Utility friendly. Tall specimens may require height reduction. Pendulus habit - not recommended as street tree due to need Geijera parviflora Australian willow Medium 20-35 Low for frequent pruning. Avoid strong winds, salt air, or heavy fog. Utility friendly. Tall specimens may require height reduction Heteromeles arbutifolia Toyon Medium 20-25 Low California native. Koelreuteria bipinnata Chinese flame Medium 20-40 Moderate Showy flowers and fruit. Fruit is persistent on tree. Koelreuteria paniculata Goldenrain Medium 20-35 Moderate Showy flowers and fruit. Fruit is persistent on tree. Olea europaea 'Swan Hill' Swan Hill' Olive Medium 25-35 Low Fruitless. California native. Slow-growing. Leaves are blue-green. Quercus douglasii Blue oak Medium 30-50 Low Evergreen. Resistant to verticillium. Utility friendly. Tall specimens may require height reduction. Tristaniopsis laurina 'elegant' elegant' Traistania Medium 20-35 Low Susceptible to scale. Cedrus deodara Deodar cedar Large 50-70 Low Drought-tolerant. Dalbergia sissoo Indian rosewood Large 30-60 Moderate Pale yellow to white flowers bloom in spring. Ginkgo biloba 'Autumn Gold' Autumn Gold' ginkgo Large 50-80 Moderate Autumn Gold' is a male-only cultivar. Brilliant yellow fall color. Pinus eldarica Mondel pine Large 30-80 Low Thrives in hot, dry climates and poor soils Quercus agrifolia Coast live oak Large 30-70 Low California native. Resistant to verticillium. Often wider than tall. California native. Can grow in conditions ranging from very wet Quercus chrysolepis Canyon live oak Large 30-60 Moderate to semi-arid. Vibrant red fall color. Tolerates poor soils. High wind Quercus coccinea Scarlet oak Large 60-80 Moderate resistance. Quercus ilex Holly oak Large 30-60 Moderate Evergreen. Resistant to oak root fungus and verticillium. California native. Requires ample growing space. Resistant to Quercus lobata Valley oak Large 50-70 Low oak root fungus and verticillium. Quercus palustris Pin oak Large 50-80 Moderate Red fall color. Tolerates heat, soil compaction, and air pollution. Quercus suber Cork oak Large 30-60 Moderate Known for its cork bark. Resistant to verticillium. Quercus virginiana 'Heritage' Heritage' southern live oak Large 40-80 Moderate Well-adapted to dry climates. Resistant to verticillium Quercus wislizenii Interior live oak Large 30-75 Low California native. Slow-growing. Adapted to hot, dry climates. Zelkova serrata 'Village Green' Village Green' zelkova Large 50-60 Moderate Characteristic vase shape. Grows in a variety of soil conditions.

Note: Tree list should be updated more frequently than the UFMP. Ideally, every 5-7 years.

Appendix 68 Recommended Staffing

69 Appendix Proposed Maintenance Schedule

Atwater’s Modesto ash population is beginning decline due to sustained mistletoe infestation. This population of trees will require monitoring, and a phased removal as the trees decline in order to prevent hazards to the community.

Appendix 70 Gantt Chart Timeline City of Atwater Urban Forest Master Plan - Timeline for Objectives and Strategies Estimated Date of Objectives and Strategies Cost 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2030 2035 2040 2045 Completion Priority Goal 1 - Develop and maintain a sustainable, healthy, and safe urban forest resource

1.3 Provide basic arboriculture training to urban forestry maintenance personnel $-$$ Ongoing High A. Training and structural pruining of young trees B. Tree staking and maintenance of support system

C. Basics of tree inspection and recognizing hazardous conditions

1.4 Develop a comprehensive tree planting and replacement plan for the community urban forest 2019-2020 Medium A. Classify and prioritize available planting sites B. Increase diversity in the street tree resource C. Place emphasis on planting the right tree in the right place for the right reason D. Identify mature/over-mature trees that have reached the end of their useful lifespan and develop a phased plan for their gradual replacement E. Set planting and replacement rates to support growth and sustainability in the overall resource along with environmental benefits

F. Ensure that planting plans use all available public planting sites G. Utilize GIS data for developing optimal planting strategies H. Consider that larger planting projects may qualify as mitigation projects for meeting CEQA requirements.

71 Appendix City of Atwater Urban Forest Master Plan - Timeline for Objectives and Strategies Estimated Date of Objectives and Strategies Cost 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2030 2035 2040 2045 Completion Priority Goal 1 - Develop and maintain a sustainable, healthy, and safe urban forest resource

1.3 Provide basic arboriculture training to urban forestry maintenance personnel $-$$ Ongoing High A. Training and structural pruining of young trees B. Tree staking and maintenance of support system

C. Basics of tree inspection and recognizing hazardous conditions

Appendix 72 Gantt Chart Timeline City of Atwater Urban Forest Master Plan - Timeline for Objectives and Strategies Estimated Date of Objectives and Strategies Cost 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2030 2035 2040 2045 Completion Priority Goal 1 - Develop and maintain a sustainable, healthy, and safe urban forest resource

1.51.3 DevelopProvide basicand implement arboriculture a tree training inspection to urban program forestry $$ Ongoing High maintenance A. Inspect high-risk personnel and mature trees to record changes and $-$$ Ongoing High proactively A. Training address and structural age and pruining structural-related of young trees issues/mitigation needs. B. Tree staking and maintenance of support system B. Inspect and document tree inspection in conjunction with regularly C. Basics scheduled of tree inspection maintenance and (i.e.,recognizing pruning hazardouscycles). conditions C. Train maintenance staff to recognize hazardous and unsafe conditions1.4 Develop in trees.a comprehensive This process tree can plantingalso be performed and replacement with contract staffplan iffor maintenance the community staff isurban unavailable forest 2019-2020 Medium A. Classify and prioritize available planting sites B. Increase diversity in the street tree resource 1.6 C. Develop Place emphasis a Risk Management on planting the Plan right and tree policy in the forright urban place for forestrythe right reasonoperations $ 2018-2019 High A.D. WorkIdentify within mature/over-mature Public Works Department trees that haveto identify reached objectives the end and of actiontheir useful thresholds lifespan for and tree develop risk management. a phased plan for their gradual replacement B. Coordinate risk management objectives with a tree inspection program. E. Set planting and replacement rates to support growth and sustainability C. Identify risk in the assessment overall resource priorities, along protocols, with environmental policy, and final benefitsauthority for removals.

F. Ensure that planting plans use all available public planting sites 1.7 G. Review Utilize GISgoals data and for objectives developing for optimal the UFMP planting and strategies incorporate into H. Considerannual work that planslarger planting projects may qualify as mitigation $-$$$$ Annual High projects A. Review for meeting UFMP annually CEQA requirements. and adjust targets as necessary. B. Integrate current objectives and strategies into the annual work plan. C. Review objectives and strategies for attainment status and update the Timeline for Objectives and Strategies

1.8 Develop a program for keeping inventory data current $ 2018-2019 High A. Explore hardware options such as smartphones/tablets to allow for updates to occur simultaneously as maintenance and/or inspections are completed. B. Update tree inventory data in conjunction with maintenance operations (e.g., cyclical trimming/pruning operations and inspections)

73 Appendix City of Atwater Urban Forest Master Plan - Timeline for Objectives and Strategies Estimated Date of Objectives and Strategies Cost 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2030 2035 2040 2045 Completion Priority Goal 1 - Develop and maintain a sustainable, healthy, and safe urban forest resource

Appendix 74 Gantt Chart Timeline City of Atwater Urban Forest Master Plan - Timeline for Objectives and Strategies Estimated Date of Objectives and Strategies Cost 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2030 2035 2040 2045 Completion Priority Goal 12 - DevelopPreserve and and maintain enhance atree sustainable, canopy, and healthy, rebrand and trees safe urbanas community forest resource infrastructure

2.21.3 ConductProvide basic a tree arboriculture canopy assessment training everyto urban 10 years.forestry $-$$$ 2026 Low maintenance A. Option 1— personnel i-Tree Canopy or other point sampling methodology $-$$ Ongoing High for A. estimating Training and change structural pruining of young trees B.B. TreeOption staking 2— Remote and maintenance sensing/GIS of mapping support systemof extent and location of canopy C. Basics of tree inspection and recognizing hazardous conditions

2.41.4 DevelopUpdate existing a comprehensive planning documents tree planting to andreference replacement the UFMP $ Ongoing Low plan A. As for revisions the community occur, coordinate urban forest strategic planning documents 2019-2020 Medium with A. UrbanClassify Forest and prioritize Master Plan available (2017). planting sites B. IncreaseEnsure that diversity new and in the revised street specific tree resource plans reference the UFMP. C. Place emphasis on planting the right tree in the right place for the C. right As revisions reason occur, update the General Plan to recognize the role D. ofIdentify trees andmature/over-mature canopy as strategies trees thatthat supporthave reached and compliment the end of theirthe various useful componentslifespan and developof the General a phased Plan plan for their gradual replacement 2.5 E. Apply Set planting for and and maintain replacement Tree Cityrates USA to support status growth and $ 2018 Low sustainability A. Identify a in Tree the overallBoard orresource Department. along with environmental benefits B. Maintain the tree ordinance C. Calculate the annual Community Forestry Program Budget. F.D. EnsureCelebrate that Arbor planting Day plans and issue use all a proclamationavailable public planting sites G. Utilize GIS data for developing optimal planting strategies H. Consider that larger planting projects may qualify as mitigation projects for meeting CEQA requirements.

75 Appendix City of Atwater Urban Forest Master Plan - Timeline for Objectives and Strategies Estimated Date of Objectives and Strategies Cost 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2030 2035 2040 2045 Completion Priority Goal 12 - DevelopPreserve and and maintain enhance atree sustainable, canopy, and healthy, rebrand and trees safe urbanas community forest resource infrastructure

Appendix 76 Gantt Chart Timeline City of Atwater Urban Forest Master Plan - Timeline for Objectives and Strategies Estimated Date of Objectives and Strategies Cost 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2030 2035 2040 2045 Completion Priority Goal 13 - DevelopEastablish and comprehensive, maintain a sustainable, user-friendly healthy, regulations and safe urbanand policies forest resource

3.21.3 ReviseProvide Municipal basic arboriculture Code - Chapter training 12.32 to urban- TREES forestry $ 2016-2017 High maintenance personnel $-$$ Ongoing High Goal A. Training 4 - Optimize and structural funding pruiningand identify of young new trees opportunities B. Tree staking and maintenance of support system

4.3 C. Increase Basics of and tree optimize inspection partnerships and recognizing and hazardouscollaborations conditions with individuals, groups, and agencies who share urban forest goals $-$$ Ongoing High 1.4 A. Develop Nurture existinga comprehensive relationships tree with planting individuals, and HOAs,replacement nonprofits,plan for business the community groups, regionalurban forest groups, government agencies, and 2019-2020 Medium others A. Classify who share and prioritizea vision andavailable goal for planting a robust sites urban forest. B. Increase diversity in the street tree resource C.B. IdentifyPlace emphasis individuals on and planting groups the with right shared tree in vision the right and place goals for alignedthe right with reason a healthy and well-maintained urban forest. C.D. CollaborateIdentify mature/over-mature on projects with treesoutcomes that havethat meetreached shared the endgoals of andtheir objectivesuseful lifespan for the and urban develop forest a andphased the planUFMP. for their gradual replacement D. Continue to strengthen partnership with Tree Partners Foundation E. Set planting for both and planting replacement and educational rates to support opportunities growth and sustainability in the overall resource along with environmental benefits

77 Appendix City of Atwater Urban Forest Master Plan - Timeline for Objectives and Strategies Estimated Date of Objectives and Strategies Cost 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2030 2035 2040 2045 Completion Priority Goal 13 - DevelopEastablish and comprehensive, maintain a sustainable, user-friendly healthy, regulations and safe urbanand policies forest resource

Appendix 78 Gantt Chart Timeline City of Atwater Urban Forest Master Plan - Timeline for Objectives and Strategies Estimated Date of Objectives and Strategies Cost 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2030 2035 2040 2045 Completion Priority Goal 15 - DevelopIncrease andoutreach, maintain education, a sustainable, and community healthy, and safe urbaninvolvement forest resource

5.11.3 DevelopProvide basicand deliver arboriculture a State trainingof the Urban to urban Forest forestry Report $-$$ 2023 Low maintenance A. Update residents personnel on the overall condition of the community $-$$ Ongoing High urban A. Training forest. and structural pruining of young trees B. HighlightTree staking services and maintenance (e.g., number of of support trees pruned/replaced, system service calls responded to, etc.). C. UpdateBasics ofthe tree community inspection on and progress recognizing towards hazardous canopy goalsconditions and trees planted (public and private). 1.4 D. Develop Update thea comprehensive community on accomplishment tree planting and of UFMPreplacement goals. plan for the community urban forest 2019-2020 Medium 5.4 A. Develop Classify andoutreach prioritize materials available that planting communicate sites key information B. Increase about diversity trees in the and street the urbantree resource forest $-$$ Ongoing Medium A.C. PlacePlace anemphasis emphasis on onplanting electronic the right and treedownloadable in the right materials place for the B. right Communicate reason basics of tree care, including planting, and pruning. D. Identify mature/over-mature trees that have reached the end of their C. Provideuseful lifespan information and developon water-efficient a phased practicesplan for their and gradual replacementtechnologies: D.E. SetCommunicate planting and benefits replacement of trees rates and totree support canopy, growth including and sustainabilityenvironmental, in social,the overall and resourceeconomic. along with environmental benefits E. Communicate information about the community urban forest, including composition, health, and species diversity. F. EnsurePartner thatwith plantingutilities, plansother cityuse departments,all available public nonprofits, planting and sites other G. Utilize groups GIS to incorporatedata for developing shared information optimal planting and outreach strategies goals when H. Consider possible. that larger planting projects may qualify as mitigation projects G. Educate for meeting commercial CEQA property requirements. owners about the potential benefits of trees and vegetation to their business: H. Consider use of social media for outreach (e.g. Facebook, twitter)

79 Appendix City of Atwater Urban Forest Master Plan - Timeline for Objectives and Strategies Estimated Date of Objectives and Strategies Cost 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2030 2035 2040 2045 Completion Priority Goal 15 - DevelopIncrease andoutreach, maintain education, a sustainable, and community healthy, and safe urbaninvolvement forest resource

Appendix 80