CITY OF ATWATER
CITY COUNCIL
ACTION MINUTES
April 22, 2024
OPEN SESSION: (Council Chambers)
The City Council of the City of Atwater met in Open Session this date at 5:01 PM in the City Council Chambers located at the Atwater Civic Center, 750 Bellevue Road, Atwater, California; Mayor Nelson presiding.
ROLL CALL:
Present:
Absent:
Staff Present:
City Council Members Cale, Mayor Pro Tem Raymond, Mayor Nelson
City Council Member Ambriz, Button
Interim City Manager Thompson, City Attorney Splendorio, Assistant City Clerk Martin
CLOSED SESSION: (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
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 City Council Meeting Action Minutes for April 22. 2024 Page 2 Mayor Nelson invited public comment on Closed Session items.
No one came forward to speak.
Mayor Nelson adjourned the meeting to Conference Room A for Closed Session at 5:02 PM. Closed Session was called to order at 5:05 PM.
Closed Session adjourned at 5:55 PM.
REGULAR SESSION: (Council Chambers)
The City Council of the City of Atwater 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 Nelson presiding.
INVOCATION:
The Invocation was led by Police Chaplain Miller.
PLEDGE OF ALLEGIANCE TO THE FLAG:
The Pledge of Allegiance was led by City Council Member Cale.
ROLL CALL: (City Council)
Present:
Absent:
Staff Present:
City Council Members Cale, Mayor Pro Tem Raymond, Mayor Nelson
City Council Member Ambriz, Button
Interim City Manager Thompson, City Attorney Splendorio, Police Chief Salvador, Finance Director Nicholas, Public Works Director Vinson, City Clerk Billings, Assistant City Clerk Martin MAYOR OR CITY ATTORNEY REPORT OUT FROM CLOSED SESSION:
City Attorney Splendorio reported that the City Council received information, provided direction, and there was no reportable action.
SUBSEQUENT NEED ITEMS: None
APPROVAL OF AGENDA AS POSTED OR AS AMENDED:
MOTION: Mayor Pro Tem moved to approve the agenda as posted. The motion was seconded by City Council Member Cale and the vote was: Ayes: Cale, Raymond, Nelson; Noes: None; Absent: Ambriz, Button The motion passed.
City Council Meeting Action Minutes for April 22, 2024 Page 3 CEREMONIAL MATTERS:
Oath of Office - Police Officer
City Clerk Billings administer the oath of office to the newly appointed Police Officers: Jaeda Ables, Edgar Maldonado, David Rivera and Tou Vang.
PRESENTATIONS:
Monthly report by Merced County District 3 Supervisor McDaniel Merced County District 3 Supervisor McDaniel reported the following:
• Labor Negotiations - Merced County Sheriff's Department • Fire Stations closing doesn't affect District 3 operations • Merced County and State Budget discussions
CONSENT CALENDAR:
Mayor Nelson opened public comment regarding items on the Consent Calendar.
Interim City Manager Thompson spoke regarding item #8 on the Consent Calendar.
This item was removed for further discussion.
Mayor Nelson closed the public comment.
MOTION: City Council Member Cale moved to approve the Consent Calendar as amended. The motion was seconded by Mayor Pro Tem Raymond and the vote was: Ayes: Cale, Raymond, Nelson; Noes: None; Absent: Ambriz, Button. The motion passed.
TREASURER'S REPORT:
1. March 31, 2024
ACTION: Acceptance of report as listed.
WARRANTS:
2. a.) April 8, 2024
b.) April 22, 2024
ACTION: Approval of warrants as listed.
City Council Meeting Action Minutes tor April 22. 2024 Page4 MINUTES: (Audit and Finance Committee)
3. February 26, 2024 - Regular meeting
MINUTES: (Planning Commission)
4. a.) February 21, 2024 - Regular meeting
b.) March 20, 2024 - Regular meeting
ACTION: Acceptance of minutes as listed.
MINUTES: (City Council)
5. a.) March 25, 2024 - Regular meeting
b.) April 3, 2024 - Special meeting
ACTION: 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)
ACTION: 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) ACTION: Approval of Professional Services On-Call 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 Consultants, Inc. of Cypress, California for Rightof- Way Acquisition 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)
This item was removed from the Consent Calendar for separate discussion and possible action.
Interim City Manager Thompson provided background information on this item.
City Council Meeting Action Minutes for April 22, 2024 Pages
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) ACTION: 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) ACTION: 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.
AGREEMENTS:
Approving Subdivision Improvement Agreement Tentative Map No. 23- 22-0100 (Interim City Manager Thompson)
MOTION: Mayor Pro Tem Raymond moved to approve a Subdivision Improvement Agreement and Final Map No. 23-22-0100, 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. The motion was seconded by City Council Member Cale and the vote was: Ayes: Cale, Raymond, Nelson; Noes: None; Absent: Ambriz, Button. The motion passed.
REPORTS AND PRESENTATIONS FROM STAFF:
Awarding Construction Services Agreement and Approving Budget Amendment Regarding the Suncrest Street and Fortuna Avenue Overlay Project (Public Works Director Vinson)
City Council Meeting Action Minutes for April 22. 2024 Page 6 Public Works Director Vinson provided background information on this item.
Mayor Nelson opened public comment regarding this item.
Maria Delgado spoke regarding the scope of the project.
Margie Matus spoke regarding the scope of the project.
No one else came forward to speak.
Mayor Nelson closed public comment.
MOTION: City Council Member Cale moved to adopt Resolution No 3451-24 approving Budget Amendment No. 11 Amending Fiscal Year 2023-2024 Budget regarding Suncrest Street and Fortuna Avenue Overlay Project; and 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 A venue 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. The motion was seconded by Mayor Pro Tem Raymond and the vote was: Ayes: Cale, Raymond, Nelson; Noes: None; Absent: Ambriz, Button. The motion passed.
Set Public Hearing Date for New Water and Sewer Rates and Rate Adjustments (Public Works Director Vinson)
Public Works Director Vinson provided background information on this item.
Theresa Jurotich, P.E., P.M.P. Manager with Ra'ftelis presented a PowerPoint presentation regarding the New Water and Sewer Rates and Rate Adjustments Mayor Nelson opened public comment regarding this item.
Pastor Rich Miller spoke regarding the rates.
No one else came forward to speak.
Mayor Nelson closed public comment.
CITY MANAGER REPORTS/UPDATES:
Interim City Manager Update
Interim City Manager Thompson reported the following:
City Council Meeting Action Minutes tor April 22, 2024 Page z • Provided information regarding the Unscheduled Vacancy on the Citizens' Oversight Committee for Public Safety Transaction and Use Tax • Provided information regarding the Community Services Event • Provided information regarding the Economic Development Expo in October 2024
COMMENTS FROM THE PUBLIC:
Notice to the public was read.
Mayor Nelson clarified that under the Brown Act, members of the public are entitled to directly address the City Council and are not entitled to address their comments to other members of the public or to staff.
Mayor Nelson opened public comment.
Christan Santos, Field Representative for Congressman John Duarte, provided an update regarding Congressman Duarte's office.
Pastor Rich Miller spoke regarding his appreciation and the upcoming Law Enforcement event at his church.
Michelle Alison spoke regarding her appreciation for Police Chief Salvador attending an event and the City Council.
Mayor Nelson closed the public comment.
CITY COUNCIL REPORTS/UPDATES:
City Council comments
City Council Member Cale stated he was proud of the new officers and wanted to congratulate them.
Mayor Pro Tem Raymond thanked those for their positivity.
Mayor Nelson spoke regarding the Fire Department Pancake Breakfast and how all proceeds go towards the Annual Toy Drive.
ADJOURNMENT:
Mayor Nelson adjourned the meeting at 6:52 PM.
City Council Meeting Action Minutes for April 22. 2024 Page 8 APPROVED:
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MAYOR
ATTEST:
JANELL MARTIN
ASSISTANT CITY CLERK