CITY OF ATWATER
CITY COUNCIL
AND
SUCCESSOR AGENCY TO THE
ATWATER REDEVELOPMENT AGENCY
ACTION MINUTES
December 12, 2022
REGULAR SESSION: (Council Chambers)
The City Council of the City of Atwater and the Governing Board met in Regular Session this date at 6:00 PM in the City Council Chambers located at the Atwater Civic Center, 750 Bellevue Road, Atwater, California; Mayor Creighton presiding.
PLEDGE OF ALLEGIANCE TO THE FLAG:
The Pledge of Allegiance was led by Will Creighton.
INVOCATION:
The Invocation was led by Police Chaplain Jim McClellan.
ROLL CALL:
Present:
Absent:
Staff Present:
City Council Members/Board Members Ambriz, Button,
Raymond, Mayor Pro Tem/Board Vice Chair Cale, Mayor/Board Chair Creighton
None
City Manager Waterman/Executive Director, City Attorney Splendorio, Police Chief Salvador, Battalion Chief Ayuso, City Council and Successor Agency to the ARA Meeting Action Minutes tor December 12. 2022 Page 2 Public Works Director Vinson, Community Development
Director Thompson, Public Works Director Vinson, City
Clerk/Board Secretary Billings, Finance Director Youmara, Human Resources Manager Joyner, Deputy City Clerk/Deputy Board Secretary Martin
MINUTES: (City Council)
1. a) August 8, 2022 - Regular meeting
b) August 22, 2022 - Regular meeting
c) September 12, 2022 - Regular meeting
ACTION: Mayor Pro Tern/Board Vice Chair Cale moved to approve the Minutes as listed. The motion was seconded by City Council Member/Board Member Ambriz and the vote was: Ayes: Cale, Ambriz, Raymond, Button, Creighton; Noes: None;
Absent: None. The motion passed.
NOVEMBER 81 2022 ELECTION RESULTS:
2. Certifying the Canvassing of Votes in the November 8, 2022, General Municipal Election; authorizing execution of agreements with the State of California Department of Tax and Fee Administration for the implementation of a Local Transactions and Use Tax; and authorizing CDTFA examination of Sales or Transactions and Use Taxes Records (City Manager Waterman)
City Manager Waterman provided background information on this item.
ACTION: City Council Member/Board Member Raymond moved to adopt Resolution No. 3357-22 Certifying the canvassing of votes in the November 8, 2022, General Municipal Election; Adopt Resolution No. 3359-22 authorizing and directing the Mayor to execute a Preparatory Agreement and Administrative Agreement with the State of California Department of Tax and Fee Administration for the implementation of a Local Transactions and Use Tax; and Adopt Resolution No. 3360-22 Authorizing Examination of Sales or Transactions and Use Taxes Records. The motion was seconded by City Council Member/Board Member Button and the vote was: Cale, Ambriz, Raymond, Button, Creighton; Noes: None; Absent:
None. The motion passed.
OUTGOING MAYOR COMMENTS:
Mayor/Chair Creighton thanked the residents of Atwater for allowing him to serve as Mayor.
CEREMONIAL MATTERS:
Presentation of plaque to Paul Creighton for his years of service as Mayor and City Council Member to the City of Atwater
City Council and Successor Agency to the ARA Meeting Action Minutes for December 12. 2022 Page 3 Mayor Pro TemNice Chair Cale made the presentation to Paul Creighton.
PRAYER FOR EXITING MAYOR:
The prayer was led by Pastor Rich Miller.
OATH OF OFFICE:
• City Council Member Danny Ambriz
• City Council Member Brian Raymond
• Mayor Mike Nelson
City Clerk/Board Secretary Billings administered the oath of office to the newly elected City Council Members/Board Members Danny Ambriz and Brian Raymond, as well as Mayor/Chair Mike Nelson.
RECESS TO BRIEF RECEPTION:
City Manager Waterman called for a recess to a brief reception at 6:16 PM.
RESUME REGULAR SESSION:
The City Council of the City of Atwater returned to the dais and Mayor/Board Chair Nelson resumed the meeting at 6:28 PM.
ROLL CALL: (City Council/Governing Board)
Present:
Absent:
Staff Present:
City Council Members/Board Members Ambriz, Button,
Raymond, Mayor Pro Tem/Board Vice Chair Cale, Mayor/Board Chair Nelson
None
City Manager/Executive Director Waterman, City Attorney Splendorio, Police Chief Salvador, Battalion Chief Ayuso, Public Works Director Vinson, Community Development
Director Thompson, Public Works Director Vinson, City
Clerk/Board Secretary Billings, Finance Director Youmara, Human Resources Manager Joyner, Deputy City Clerk/Deputy Board Secretary Martin
OPENING STATEMENTS FROM NEWLY ELECTED CITY COUNCIL MEMBERS AND MAYOR:
City Council Member/Board Member Ambriz thanked all those that voted and participated in the November election. He thanked his opponent in the November 2022 election. He also thanked his family and community members who assisted during his campaign.
City Council and Successor Agency to the ARA Meeting Action Minutes for December 12. 2022 Paqe4 City Council Member/Board Member Raymond thanks God. He looks forward to the next four years of service.
Mayor/Board Chair Nelson introduces his family to those in attendance. He thanked the residence, spoke regarding his campaign and the needs of the community and staff members.
SUBSEQUENT NEED ITEMS: None
APPROVAL OF AGENDA AS POSTED OR AS AMENDED:
MOTION: City Council Member/Board Member Raymond moved to approve the agenda as posted. The motion was seconded by Mayor Pro TemNice Chair Cale and the vote was: Ayes: Cale, Ambriz, Raymond, Button, Nelson; Noes: None;
Absent: None. The motion passed.
CONSENT CALENDAR:
Mayor/Board Chair Nelson opened public comment regarding items on the Consent Calendar.
No one came forward to speak.
Public Comment regarding items on the Consent Calendar was closed.
MOTION: City Council Member/Board Member Raymond moved to approve the Consent Calendar as posted. The motion was seconded by City Council Member Ambriz and the vote was: Ayes: Ambriz, Raymond, Cale; Noes: None; Absent:
Button, Creighton. The motion passed.
TREASURER'S REPORT:
3. October 31, 2022
ACTION: Approval of report as listed.
WARRANTS:
4. a)November28,2022
b) December 12, 2022
ACTION: Approval of warrants as listed.
MINUTES: (Planning Commission)
5. August 17, 2022
City Council and Successor Agency to the ARA Meeting Action Minutes tor December 12, 2022 Page 5 ACTION: Approval of minutes as listed.
RESOLUTIONS:
6. Adopting Salary Schedule C-23, effective December 22, 2022 conforming to minimum wage increase for the state of California (City Manager Waterman and Human Resources Manager Joyner)
ACTION: Adoption of Resolution No. 3358-22 adopting City of Atwater Salary Schedule C-23, effective December 22, 2022.
AGREEMENTS:
7. Adopt a resolution approving the Professional Services Agreement with RSG, Inc. for Successor Agency consulting services for Fiscal Year 2023-24 through Fiscal Year 2025-26 (Finance Director Youmara)
ACTION: Adoption of Resolution No. SA 2022-6 approving the Professional Services Agreement, in a form approved by the City Attorney, with RSG, Inc., in the amount not to exceed $75,000 for Successor Agency consulting services for FY 2023-24 through FY 2025-26; and authorizes and directs the City Manager, or her designee, to execute the Agreement on behalf of the City.
OTHER ACTIONABLE ITEMS:
8. Accepting the 2023 Regular Meeting Schedule which cancels the second City Council meeting of the month in July, November and December (Deputy City Clerk Martin) ACTION: Accepts the 2023 Regular Meeting Schedule which cancels the second meeting of the month in November and December 2023; and authorizes and directs the Mayor and/or the City Manager to sign any documents required to maintain essential City services. Said documents shall be reviewed by the City Attorney and be scheduled for ratification of the entire City Council at the next regularly scheduled City Council meeting.
PUBLIC HEARINGS:
Waiving the first reading, by title only, and introducing an ordinance Amending Chapter
5.60, Cannabis Business Pilot Program, of Title 5, Business taxes, Licenses and Regulation of the Atwater Municipal Code and adding Chapter 5.70, Cannabis Regulatory Program; Adopting a Resolution setting a Cannabis Business Tax as previously approved by the voters (Community Development Director Thompson and Finance Director Youmara)
Community Development Director Thompson provided background information on this item.
City Council and Successor Agency to the ARA Meeting Action Minutes for December 12. 2022 Page 6 Finance Director Youmara provided background information on this item.
Mayor Pro TemNice Chair Cale asked regarding the rate structure.
Mayor/Board Chair Nelson opened the public hearing.
One person spoke in favor of the ordinance.
One person spoke regarding the impacts of Cannabis and the use of funds received.
One person spoke regarding the impacts of Cannabis.
One person spoke regarding the rate structure.
One person spoke regarding the rate structure and sales growth.
Mayor/Board Chair Nelson closed the public hearing.
City Council Member/Board Member Raymond spoke regarding the use of the funds and the streamlining of the process.
City Council Member/Board Member Button spoke regarding the rate structure and asked for clarification.
MOTION: Mayor Pro TemNice Chair Cale moved to waive the first reading and introduce Ordinance No. CS 1055 amending Chapter 5.60, Cannabis Business Pilot Program, of Title 5, Business taxes, Licenses and Regulation of the Atwater Municipal Code and adding Chapter 5. 70, Cannabis Regulatory Program; and Motion to adopt Resolution No. 3356-22 setting a Cannabis Business Tax within the amount previously approved by the voters, at various rates of gross receipts depending on business type, establishing the tax due date, and adopting the related penalties and interest charges. The motion was seconded by City Council Member/Board Member Button and the vote was: Ayes: Ambriz, Cale, Button, Nelson; Noes: Raymond; Absent: None. The motion passed.
Waiving the first reading, by title only, and introducing an ordinance Approving Zoning Text Amendment No. 22-18-0100 Repealing and Replacing Chapter 17.28 of the Atwater Municipal Code regarding Accessory and Junior Accessory Dwelling Units, and Determining the Ordinance to be Exempt from CEQA (Community Development Director Thompson)
Mayor/Board Chair Nelson opened the public hearing.
Community Development Director Thompson provided background information on this item.
No one came forward to speak.
City Council and Successor Agency to the ARA Meeting Action Minutes for December 12. 2022 Page z Mayor/Board Chair Nelson closed the public hearing.
MOTION: City Council Member/Board Member Raymond moved to waive the first reading and introduce Ordinance No. CS 1052 repealing and replacing Chapter
17.28 of the Atwater Municipal Code regarding Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs). This Ordinance will impose new City regulations on the permitting, development, and construction of ADUs and JADUs in compliance with the provisions of Government Code sections 65852.2 and 65852.22, as amended by recently approved legislation that takes effect January 1, 2023. The motion was seconded by City Council Member/Board Member Button and the vote was: Ayes: Ambriz, Raymond, Cale, Button, Nelson; Noes: None;
Absent: None. The motion passed.
Appeal of Planning Commission non-approval on November 30, 2022 regarding BK Industries, lnc.'s application for Conditional Use Permit, Site Plan, Architectural Review and Zone Variance; Project Description: Electronic Message Board located at the corner of First Street and Shaffer Road, Atwater north of (APN: 003-211-002) (Community Development Director Thompson)
Mayor/Board Chair Nelson read the introduction to open the appeal hearing.
Mayor/Board Chair Nelson acting as presiding officer.
City Attorney provided a brief overview of proceeding requirements.
Mayor/Board Chair Nelson opened the public hearing.
Community Development Director Thompson provided background information on this item.
Appellant provided information regarding the project.
Six people spoke in favor of the project.
Appellant addressed the lighting regarding the project.
Mayor/Board Chair Nelson closed the public hearing.
Mayor/Board Chair Nelson provided background information regarding the Planning Commission deadlock vote.
City Council Member/Board Member Raymond spoke regarding his support of the project.
City Council Member/Board Member Ambriz spoke regarding his support of the project.
City Council and Successor Agency to the ARA Meeting Action Minutes for December 12. 2022 Page 8 Mayor Pro TemNice Chair Cale spoke regarding his support of the project.
City Council Member/Board Member Button spoke regarding his support of the project.
Mayor/Chair Nelson spoke regarding his support of the project.
MOTION: City Council Member/Board Member Raymond moved to adopt the resolution approving the appeal of the Planning Commission's non-approval of BK Industries, Inc. 's Site Plan No. 22-22-100, Conditional Use Permit No. 22-22-0200, Architectural Review 22-22-0300 and Zone Variance No. 22-22-0400 for the Electronic Message Board located at the corner of First Street and Shaffer Road, Atwater north of (APN: 003-211-002); The motion was seconded by City Council Member/Board Member Ambriz and the vote was: Ayes: Cale, Ambriz, Raymond, Button, Nelson; Noes: None; Absent: None. The motion passed.
REPORTS AND PRESENTATIONS FROM STAFF:
Awarding a General Construction Contract for the Pedestrian and Roadway Improvements on Laurel Avenue and Sixth Street Project (Community Development Director Thompson)
Community Development Director Thompson provided background information on this item.
One person spoke in favor of this project moving forward.
MOTION: Mayor Pro TemNice Chair Cale moved to award a General Construction Contract, in a form approved by the City Attorney, to Terra West Construction Inc. of Clovis, California, for the Pedestrian and Roadway Improvements on Laurel Avenue and Sixth Street Project, City Project No. 19-5, in an amount not to exceed 163,965.00, and authorize and direct the City Manager, and her designee, to sign and affirm construction contract change orders up to an aggregate of $16,369.50 (10%); and authorize and direct the City Manager, or her designee, to execute the contract on behalf of the City. The motion was seconded by City Council Member/Board Member Button and the vote was: Ayes: Raymond, Ambriz, Cale, Button, Nelson; Noes: None; Absent: None. The motion passed.
Adopting the Recognized Obligation Payment Scheduled FY 23-24 for the July 1, 2023 through June 30, 2024 period and adopting the Administrative Budget for Fiscal Year 2023-24 (Finance Director Youmara)
Finance Director Youmara provided background information on this item.
MOTION: City Council Member/Board Member Button moved to adopt Resolution SA No. 2022-5 adopting the Recognized Obligation Payment Schedule 23-24 for the July 1, 2023 through June 30, 2024 period and adopting the Administrative Budget City Council and Successor Agency to the ARA Meeting Action Minutes for December 12, 2022 Page 9 for Fiscal Year 2023-24. The motion was seconded by City Council Member/Board Member Raymond and the vote was: Ayes: Ambriz, Raymond, Cale, Button, Nelson; Noes: None; Absent: None. The motion passed.
COMMENTS FROM THE PUBLIC:
Notice to the public was read.
Public Works director Justin Vinson spoke regarding the recent floods in the City of Atwater.
One person spoke regarding the floods in their neighborhood.
One person spoke regarding their recent election.
One person spoke welcoming the new Mayor, the Christmas events and the support of the City Council Members, staff, and community.
One person spoke regarding the recent election and an upcoming event at their business location.
One person spoke regarding the work provided of the Public Works department and Christmas in Atwater.
One person spoke regarding the various projects with Old Town Atwater.
No one else came forward to speak.
CITY COUNCIL MATTERS:
2023 City Council Reorganization/Mayor's Committee Assignments • Mayor Pro Tem - Brian Raymond
• Merced County Association of Governments - Mayor Nelson and City Council Member Raymond (alternate)
• League of California Cities Central Valley Division - Mayor Nelson and City Council Member Ambriz and Button (alternates)
• City Audit and Finance Committee - Mayor Nelson and City Council Member Ambriz
• LAFCO - City Council Member Raymond
• USP/Atwater Community Liaison Group - City Council Member Cale • Atwater Community Services/Neighborhood Watch - City Council Member Cale
• 4th of July Committee - City Council Member Cale
• San Joaquin Valley Air Pollution Control District - City Council Member Ambriz (representative) City Council Member Button (alternate) City Council and Successor Agency to the ARA Meeting Action Minutes for December 12. 2022 Page 10 • SGMA - Public Works Director Justin Vinson and Community Development Director Greg Thompson (alternate)
• Merced IRWMP - Mayor Nelson and City Council Member Cale (alternate) • ACE Train - City Council Member Raymond and Mayor Nelson (alternate) • One Voice - Mayor Nelson and City Council Member Ambriz (alternate) • Bloss Museum - City Council Member Raymond and Mayor Nelson • Christmas Parade - City Council Member Ambriz and Cale • General Plan Technical Advisory Committee - Mayor Nelson and City Council Member Raymond
MOTION: City Council Member/Board Member Button moved to ratify the Mayor's Committee Assignments. The motion was seconded by City Council Member/Board Member Raymond and the vote was: Ayes: Raymond, Ambriz, Cale, Button, Nelson; Noes: None; Absent: None. The motion passed.
City Council comments
Mayor/Chair Nelson congratulated City Council Cale regarding the election as well as the suggestion of having the invocation prior to the pledge of allegiance for City Council Meetings.
City Council Member/Board Member Button congratulated Old Town Atwater regarding the Ice-Skating Rink allowing the School District to use the facility. He spoke regarding the Christmas Adventure at Bloss Mansion and the Atwater High School Drama Department, Ms. Aguilar.
City Council Member/Board Member Raymond thanked the Public Works Department. He reminded the community the reason for the Christmas season and to have a nice holiday season.
City Council Member/Board Member Ambriz thanked the Public Works Director for the update regarding the work of the staff over this past weekend and the weather conditions. He spoke regarding the recent campaign and the election. He wished the community a Merry Christmas and to have a nice holiday season.
Mayor Pro TemNice Chair Cale thanked the Public Works department for their hard work during this rainy season. He congratulated Old Town Atwater on a wonderful Christmas parade as well as the Grand Marshal, Jean Kirby. He congratulated Mayor Nelson for a successful Mayor race. He asked that the community remember the reason for the season.
ADJOURNMENT:
Mayor/Chair Nelson adjourned the Regular Session to Conference Room A for Closed Session at 8:08 PM.
City Council and Successor Agency to the ARA Meeting Action Minutes for December 12, 2022 Page 11 CLOSED SESSION:
Closed Session resumed at 8:17 PM.
• Conference with Legal Counsel - Anticipated Litigation - Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): Number of cases (1) Closed Session adjourned at 8:21 PM
MAYOR OR CITY ATTORNEY REPORT OUT FROM CLOSED SESSION:
City Attorney Splendorio reported City Council considered one item. No reportable action was taken. The Closed session item was completed.
ADJOURNMENT:
Mayor Nelson adjourned the meeting at 8:23 PM.
JANELL MARTIN
DEPUTY CITY CLERK