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
AGENDA
Council Chambers
750 Bellevue Road
Atwater, California
February 26, 2024
CALL TO ORDER: 5:15 PM
ROLL CALL: (City Council)
Ambriz ____, Button ____, Cale ____, Raymond ____, Nelson _____
CLOSED SESSION
Adjourn to Conference Room A
• Conference with Legal Counsel - Anticipated Litigation - Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2):
Number of cases (2)
City Council Agenda for Meeting of February 26, 2024 Page 2 REGULAR SESSION: (Council Chambers)
CALL TO ORDER: 6:00PM
INVOCATION
Invocation by Michael Giordano
PLEDGE OF ALLEGIANCE TO THE FLAG
ROLL CALL: (City Council)
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:
• Presentation of certificate of appreciation to Peggy Heller Elementary School for "Pennies for Presents"
Recommendation: That the Mayor and City Council Members make the presentation to Peggy Heller Elementary School.
PRESENTATIONS
• Presentation by Merced Sunrise Rotary regarding The Wall that Heals • Monthly report by Merced County District 3 Supervisor McDaniel CONSENT CALENDAR:
NOTICE TO THE PUBLIC
Background information has been provided on all matters listed under the Consent Calendar, and these items are considered to be routine. All items under the Consent Calendar are normally approved by one motion. If a Councilmember requests separate discussion on any item, that item will be removed from the Consent Calendar for separate action.
City Council Agenda for Meeting of February 26, 2024 Page 3 TREASURER’S REPORT:
1. January 31, 2024
Staff's Recommendation: Acceptance of reports as listed.
WARRANTS:
2. February 26, 2024
Staff's Recommendation: Approval of warrants as listed.
MINUTES: (Planning Commission)
3. December 20, 2023 - Regular meeting
Staff's Recommendation: Acceptance of minutes as listed.
MINUTES: (City Council)
4. February 12, 2024 - Regular meeting
Staff's Recommendation: Approval of minutes as listed.
AGREEMENTS:
5. Approving Use Agreement with Atwater Bombers Baseball regarding the Use of City Fields for Organized Baseball (Public Works Director Vinson)
Staff's Recommendation: Approval of a Use Agreement, in a form approved by the City Attorney, with Atwater Bombers Baseball for the use of Raymond Field, Darren Hershcler Field, Frank Reponte Field, and Miyake Field at Osborn Park for organized baseball; and authorizes and directs the City Manager, or his designer, to execute the Use Agreement on behalf of f the City.
6. Approving Use Agreement with Atwater Youth Soccer regarding the Use of City fields for Organized Soccer Activities (Public Works Director Vinson)
Staff's Recommendation: Approval of a Use Agreement, in a form approved by the City Attorney, with Atwater Youth Soccer for the use of Veterans Park Football/Soccer Field and Joan Faul Soccer Fields for organized soccer; and authorizes and directs the Interim City Manager, or designee to execute the Use Agreement on behalf of the City.
***END OF CONSENT CALENDAR***
PUBLIC HEARINGS:
7. Public Hearing to receive the 2023 Military Equipment Use Report for the Police Department (Police Chief Salvador)
Staff's Recommendation: Open the public hearing and receive any testimony given;
City Council Agenda for Meeting of February 26, 2024 Page 4 Close the public hearing;
Motion to Accept the Military Equipment Use Report from the Atwater Police Department pursuant to AB481; or
Motion to approve staff's recommendation as presented.
REPORTS AND PRESENTATIONS FROM STAFF:
8. Approving Resolution No. 3445-24 which Adopts the Mid-Year Budget Revenue and Expenditure Adjustments for Fiscal Year 2023-24 (Finance Director Nicholas)
Staff's Recommendation: Motion to adopt Resolution No. 3445-24 approving Budget Amendment No. 9 amending the Fiscal Year 2023- 2024 Budget regarding revenue and expenditure adjustments based upon mid-year analysis; or
Motion to approve staff's recommendation as presented.
9. Approving Amendment to Employment Agreement and Amending City of Atwater Classification Plan relating to City Manager (City Attorney Splendorio)
Staff's Recommendation: Motion to approve Employment
Agreement Amendment with Greg Thompson and authorize and direct the Mayor to execute the Agreement on behalf of the City; and Motion to adopt Resolution No. 3446-24 amending the City of Atwater Classification Plan relating to City Manager; and
Motion to approve staff's recommendation as presented.
CITY MANAGER REPORTS/UPDATES:
10. Interim 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 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
City Council Agenda for Meeting of February 26, 2024 Page 5 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 during normal business hours at 1160 Fifth Street, Atwater, California.
If, however, the document or writing is not distributed until the regular meeting to which it relates, then the document or writing will be made available to the public at the location of the meeting, as listed on this agenda at 750 Bellevue Road, Atwater, California.
In compliance with the federal Americans with Disabilities Act of 1990, upon request, the agenda can be provided in an alternative format to accommodate special needs. If you require special accommodations to participate in a City Council, Commission or Committee meeting due to a disability, please contact the City Clerk’s Office a minimum of three (3) business days in advance of the meeting at (209) 357-6241. You may also send the request by email to [email protected] .
Unless otherwise noted, City Council actions include a determination that they are not a “Project” within the meaning of the California Environmental Quality Act (CEQA), and therefore, that CEQA does not apply to such actions.