In-person participation by the public will be permitted. In addition, remote public participation is available in the following ways:
1. Livestream online at www.atwater.org (Please be advised that there is a broadcasting delay. If you would like to participate in public comment, please use the option below).
2. Submit a written public comment prior to the meeting: Public comments submitted to [email protected] by 4:00 p.m. on the day of the meeting will be distributed to the City Council, and made part of the official minutes but will not be read out loud during the meeting.
Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Persons requesting accommodation should contact the City in advance of the meeting, and as soon as possible, at (209) 357-6241.
CITY OF ATWATER
CITY COUNCIL
AND
HOUSING SUCCESSOR TO THE
ATWATER REDEVELOPMENT AGENCY
AGENDA
Council Chambers
750 Bellevue Road
Atwater, California
December 11, 2023
CALL TO ORDER: 4:30PM
ROLL CALL: (City Council)
Ambriz ____, Button ____, Cale ____, Raymond ____, Nelson _____ CLOSED SESSION:
Adjourn to Conference Room A
City Council Agenda for Meeting of December 11, 2023 Page 2 • Conference with Legal Counsel - Existing Litigation - Government Code Section 54956.9(d)(1): Name of case: Martinez De Flores v. City of Atwater; Case No. 19CV-05029
• Conference with Labor Negotiators - Government Code Section 54957.6, Agency Negotiators: City Manager Waterman, Police Chief Salvador and Human Resources Director Sousa Bargaining Units: Atwater Police Officers Association
• Public Employee Appointment (pursuant to Government Code Section 54957): Title: City Manager
REGULAR SESSION: (Council Chambers)
CALL TO ORDER: 6:00PM
INVOCATION:
Invocation by John Wagner
PLEDGE OF ALLEGIANCE TO THE FLAG:
ROLL CALL: (City Council/Governing Board)
Ambriz ____, Button ____, Cale ____, Raymond ____, Nelson _____
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.) Staff's Recommendation: Motion to approve agenda as posted or as amended.
CEREMONIAL MATTERS:
• Certificate of Recognition - Buhach Colony High School Girls Water Polo Team
Staff's Recommendation: That City Council Member John Cale recognize the Buhach Colony High School Girls Water Polo Team for their achievements.
City Council Agenda for Meeting of December 11, 2023 Page 3 • Presentation of trophies for the "Miracle on Broadway" Christmas Parade Recommendation: That City Council Member Ambriz and Old Town Atwater make the presentation of trophies to the First, Second, and Third place winners of the "Miracle on Broadway" Christmas Parade. • Presentation of trophy to City Department for winning the City Christmas tree decorating contest
Recommendation: That Pastor Rich Miller make the presentation to the winning City department.
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.
TREASURER’S REPORT:
1. October 31, 2023
Staff's Recommendation: Acceptance of report as listed.
WARRANTS:
2. a.) November 27, 2023
b.) December 11, 2023
Staff's Recommendation: Approval of warrants as listed.
MINUTES: (City Council)
3. November 13, 2023 - Regular meeting
Staff's Recommendation: Approval of minutes as listed.
MINUTES: (Planning Commission)
4. October 18, 2023 - Regular meeting
Staff's Recommendation: Acceptance of minutes as listed.
RESOLUTIONS:
5. Adopting a Revised Records Retention Schedule of City Records (Assistant City Clerk Martin)
Staff's Recommendation: Adoption of Resolution No. 3430-23 Approving a Revised Records Retention Schedule.
6. Adopting the Recognized Obligation Payment Schedule 24-25 for the July 1, 2024 through June 30, 2025 period and adopting the City Council Agenda for Meeting of December 11, 2023 Page 4 Administrative Budget for Fiscal Year 2024-25 (Treasurer of the Successor Agency Nicholas)
Staff's Recommendation: Adoption of Resolution No. SA 2023-4 adopting the Recognized Obligation Payment Schedule 24-25 for the July 1, 2024 through June 30, 2025 period and adopting the Administrative Budget for Fiscal Year 2024-25.
AGREEMENTS:
7. Awarding a Purchase Order with Aqua Metric for Water Meter Software (Public Works Director Vinson)
Staff's Recommendation: Waives the Formal Procurement Process and awards a sole source purchase to Aqua Metric of Sacramento, California for water meter software, in amount not to exceed $38,400.00; and authorizes and directs the City Manager, or her designer, to execute the Purchase Order on behalf of the City.
OTHER ACTIONABLE ITEMS:
8. Accepting the First Street Overlay Project as Complete (Public Works Director Vinson)
Staff's Recommendation: Accepts work done under the contract for First Street Overlay Project, City Project No. 23-06; authorizes a final payment in the amount of $28,372.49 for a project total of $567,449.76; and authorizes and directs the City Manager to sign a Notice of Completion and have it recorded on behalf of the City.
9. 2024 City Council Reorganization/Mayor's Committee Assignments • Mayor Pro Tem
• Merced County Association of Governments (1 representative and 1 alternate)
• League of California Cities Central Valley Division (1 representative and 2 alternates)
• City Audit and Finance Committee (2 representatives)
• LAFCO (1 representative)
• USP/Atwater Community Liaison Group (1 representative and 1 alternate)
• Atwater Community Services/Neighborhood Watch (1
representative)
• 4th of July Committee (1 representative)
• San Joaquin Valley Air Pollution Control District (1 representative and 1 alternate)
• MIUGSA (1 Staff representative and 1 alternate)
• MIRWMA (1 Staff representative and 1 alternate)
• ACE Train (1 Representative and 1 alternate)
• One Voice (1 representative and 1 alternate)
• Bloss Mansion (2 representatives)
• Christmas Parade (2 representatives)
• General Plan Technical Advisory Committee (2 representatives) City Council Agenda for Meeting of December 11, 2023 Page 5 Staff's Recommendation: Ratifies the Mayor's Committee
Assignments.
***END OF CONSENT CALENDAR***
REPORTS AND PRESENTATIONS FROM STAFF:
10. Awarding a General Construction Contract with DGN Build for the Tenant Improvements at Civic 2 - 1350 Broadway Avenue (Public Works Director Vinson)
Staff's Recommendation: Motion to award a General Construction Agreement, in a form approved by the City Attorney, to DGN Build of Stockton, California, for the Tenant Improvements at Civic 2, City Project 21-03, in an amount not to exceed $1,285,000 and authorize construction contract change order up to an aggregate amount of $128,500 (10%); and authorizes and directs the City Manager or her designee to execute all contract documents on behalf of the City; or Motion to approve staff's recommendations as presented.
11. Accepting 2024 Regular Meeting Schedule which cancels the second City Council meeting of the month in July, November and December 2024 (City Manager Waterman)
Staff's Recommendation: Motion to accept the 2024 Regular Meeting Schedule which cancels the second meeting of the month in July, November and December 2024; and authorizes and directs the Mayor and/or 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; or Motion to accept recommendation as presented.
CITY MANAGER REPORTS/UPDATES:
12. City Manager Updates
COMMENTS FROM THE PUBLIC:
NOTICE TO THE PUBLIC
At this time any person may comment on any item which is not on the agenda. You may state your name and address for the record; however, it is not required. Action will not be taken on an item that is not on the agenda. If it requires action, it will be referred to staff and/or placed on a future agenda. Please limit comments to a maximum of three (3) minutes.
City Council Agenda for Meeting of December 11, 2023 Page 6 CITY COUNCIL REPORTS/UPDATES:
• City Council Member Cale, District 1
• City Council Member Button, District 2
• City Council Member Ambriz, District 3
• Mayor Pro Tem Raymond, District 4
• Mayor Nelson
CLOSED SESSION:
Continuation of Closed Session if necessary
ADJOURNMENT:
CERTIFICATION:
I, Kory J. Billings, City Clerk of the City of Atwater, do hereby certify that a copy of the foregoing agenda was posted at City Hall a minimum of 72 hours prior to the meeting. _______________________________
KORY J. BILLINGS
CITY CLERK
SB 343 NOTICE
In accordance with California Government Code Section 54957.5, any writing or document that is a public record, relates to an open session agenda item and is distributed less than 72 hours prior to a regular meeting will be made available for public inspection in the office of the City Clerk 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.
In compliance with the federal Americans with Disabilities Act of 1990, upon request, the agenda can be provided in an alternative format to accommodate special needs. If you require special accommodations to participate in a City Council, Commission or Committee meeting due to a disability, please contact the City Clerk’s Office a minimum of three (3) business days in advance of the meeting at (209) 357-6241. You may also send the request by email to [email protected] .
Unless otherwise noted, City Council actions include a determination that they are not a “Project” within the meaning of the California Environmental Quality Act (CEQA), and therefore, that CEQA does not apply to such actions..