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
April 22, 2024
CALL TO ORDER: 5:00 PM
ROLL CALL: (City Council)
Ambriz ____, Button ____, Cale ____, Raymond ____, Nelson _____ CLOSED SESSION:
Adjourn to Conference Room A
• Conference with Labor Negotiators - Government Code Section 54957.6, Agency Negotiators: Interim City Manager Thompson and Human Resources Director Sousa Bargaining Units: AFSCME Local 2703 - Clerical Employees Unit, Miscellaneous Employees Unit and Mid-Managers Group.
City Council Agenda for Meeting of April 22, 2024 Page 2 • Pursuant to Government Code Section 54956.8, Conference with Real Property Negotiations regarding property price and terms of payment.
Agency Negotiators: Interim City Manager Thompson. Negotiating Parties:
Mister Car Wash Property Location: APN 156-060-011
• Public Employee (Gov Code Section 54957); Title: City Manager REGULAR SESSION: (Council Chambers)
CALL TO ORDER: 6:00 PM
INVOCATION:
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:
• Oath of Office - Police Officer
Staff's Recommendation: That City Clerk Billings administer the oath of office to the newly appointed Police Officers: Jaeda Ables, Eddgar Maldonado, David Rivera and Tou Vang.
PRESENTATIONS:
• Monthly report by Merced County District 3 Supervisor McDaniel City Council Agenda for Meeting of April 22, 2024 Page 3 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.
TREASURER’S REPORT:
1. March 31, 2024
Staff's Recommendation: Acceptance of report as listed.
WARRANTS:
2. a.) April 8, 2024
b.) April 22, 2024
Staff's Recommendation: Approval of warrants as listed.
MINUTES: (Audit and Finance Committee)
3. February 26, 2024 - Regular meeting
Staff's Recommendation: Acceptance of minutes as listed.
MINUTES: (Planning Commission)
4. a.) February 21, 2024 - Regular meeting
b.) March 20, 2024 - Regular meeting
Staff's Recommendation: Acceptance of minutes as listed.
MINUTES: (City Council)
5. a.) March 25, 2024 - Regular meeting
b.) April 3, 2024 - Special meeting
Staff's Recommendation: Approval of minutes as listed.
RESOLUTIONS:
6. Amending City of Atwater Classification Plan and Adopting City of Atwater Salary Schedule D-24, Effective March 28, 2024 (Interim City Manager Thompson and Human Resources Director Sousa)
Staff's Recommendation: Adoption of Resolution No. 3452-24 Amending City of Atwater Classification Plan and Adopting Salary Schedule D-24, Effective March 28, 2024.
AGREEMENTS:
7. Approving On-Call Professional Services Agreements with Various Consultants for Right-of-Way Acquisition Services (Interim City Manager Thompson)
Staff's Recommendation: Approval of Professional Services On-Call City Council Agenda for Meeting of April 22, 2024 Page 4 Master Agreements, in a form approved by the City Attorney with Associated Right of Way Services, Inc. of Walnut Creek, California, Hamner, Jewell & Associates of Arroyo Grande, California, and Paragon Partners Conusltants, Inc. of Cypress, California for Right-ofWay Aquisition Services, in an amount not to exceed $200,000 per Task Order; and authorizes and directs the Interim City Manager or designee to execute the Agreement on behalf of the City.
8. Approving Subdivision Improvement Agreement Tentative Map No. 23- 22-0100 (Interim City Manager Thompson)
Staff's Recommendation: Approval of a Subdivision Improvement Agreement, in a form approved by the City Attorney, with Michael Fillebrown for public improvements related to the construction of a coffee shop with a drive-thru; and authorizes and directs the Interim City Manager, or designee, to execute the Agreement on behalf of the City.
9. Approving the Funding Agreement between MCAG and the City of Atwater for the Buhach Widening at Livingston Canal Project and Authorizing and Directing the Interim City Manager to Execute all Documents Related to the Buhach Road Widening at Livingston Canal Project (Interim City Manager Thompson)
Staff's Recommendation: Approval of Funding agreement with Merced County Association of Governments for the Buhach Widening at Livingston Canal Project for the Project Study Report Equivalent (PSR-E); and Adoption of Resolution No. 3453-24 approving budget amendment No. 12 amending fiscal year 2023-24 budget to establish a budget within the Measure V Regional Fund for the Preparation of the PSR-E for the Buhach Road Widening at Livingston Canal Project; and Adoption of Resolution No. 3454-23 Authorizing and Directing the City Manager to execute all documents related to the Buhach Road Widening at Livingston Canal Project.
10. Approving Funding Agreement between the MCAG and the City of Atwater for the Bellevue Road Realignment Project and Authorizing and Directing the City Manager to Execute all Documents Related to the Bellevue Road Rehabilitation/Realignment Project (Interim City Manager Thompson)
Staff's Recommendation: Approval of Funding Agreement with Merced County Association of Governments for the Bellevue Road Rehabilitation/Realignment project Plans, Specifications and Estimates (PS&E) Phase; and Adoption of Resolution No. 3455-24 approving Budget Amendment No. 13 Amending Fiscal Year 2023-24 budget to include the preparation of Plans, Specifications, and Estimates (PS&E) for the Bellevue Road Rehabilitation/Realignment Project; and Adoption of Resolution No. 3456-24 authorizing and directing the City Manager to execute all documents related to the Bellevue Road Rehabilitation/Realignment Project.
***END OF CONSENT CALENDAR***
City Council Agenda for Meeting of April 22, 2024 Page 5 REPORTS AND PRESENTATIONS FROM STAFF:
11. Awarding Construction Services Agreement and Approving Budget Amendment Regarding the Suncrest Street and Fortuna Avenue Overlay Project (Public Works Director Vinson)
Staff's Recommendation: Adoption of Resolution No 3451-24 approving Budget Amendment No. 11 amending Fiscal Year 2023- 2024 Budget regarding Suncrest Street and Fortuna Avenue Overlay Project; and
Motion to award a General Construction Agreement, in a form approved by the City Attorney, to Consolidated Engineering Inc. of Valley Springs, CA, for the Suncrest Street and Fortuna Avenue Overlay Project, City Project 24-09, in an amount not to exceed $201,246 and authorize construction contract change orders up to an aggregate amount of $20,124.60 (10%); and authorizes and directs the Interim City Manager or designee to execute all contract documents on behalf of the City; or
Motion to approve staff's recommendations as presented.
12. Set Public Hearing Date for New Water and Sewer Rates and Rate Adjustments (Public Works Director Vinson)
Staff's Recommendation: Motion to approve setting the public hearing date of June 24, 2024, for the proposed New Water and Sewer Rates and Rate Adjustments; or
Motion to approve staff's recommendation as presented.
CITY MANAGER REPORTS/UPDATES:
13. Update from the Office of the Interim City Manager
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 April 22, 2024 Page 6 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.