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
August 12, 2024
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 _____ City Council Agenda for Meeting of August 12, 2024 Page 2 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.
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.
WARRANTS:
1. a.) July 22, 2024
b.) August 12, 2024
Staff's Recommendation: Approval of warrants as listed.
MINUTES: (Planning Commission)
2. June 20, 2024 - Regular meeting
Staff's Recommendation: Acceptance of minutes as listed.
MINUTES: (City Council)
3. a.) June 24, 2024 - Regular meeting
b.) July 11, 2024 - Special meeting
Staff's Recommendation: Approval of minutes as listed.
AGREEMENTS:
4. Approving a Purchase Order with Carbon Supply Inc. for GAC Exchange at Well 19 (Public Works Director)
Staff's Recommendation: Approving a Purchase Agreement
(Purchase Order) with Carbon Supply Inc. of Bell Gardens, California for GAC Exchange at Well 19, in an amount not to exceed $110,050; and authorizes and directs the City Manager to execute the Purchase Order on behalf of the City.
5. Approving Amendment No. 3 to the Professional Service Agreement to DataPath Inc of Modesto, California for Augmented Managed Information Technology (IT) Support Services (Public Works Director Vinson)
Staff's Recommendation: Adoption of Resolution No. 3474-24, City Council Agenda for Meeting of August 12, 2024 Page 3 Approving Amendment No. 3 to Professional Service Agreement, in a form approved by the City Attorney, to Data Path Inc of Modesto, California for Augmented Managed Information Technology Support Services; and authorizes and directs the City Manager to execute Amendment No. 3 on behalf of the City.
6. Awarding a Cooperative Government Obligation Contract with Leasing 2 Inc. to Finance the Purchase of one (1) new Hydro-Excavator Vacuum Truck (Public Works Director Vinson)
Staff's Recommendation: Adoption of Resolution No. 3475-24 Awarding a Cooperative Government Obligation Contract with Leasing 2 Inc. in the amount of $734,232.41 to finance the purchase of one (1) new Hydro-Excavator Vacuum Truck and authorizing and directing the City Manager to execute the Contract and all related documents on behalf of the City.
RESOLUTIONS:
7. Approving Adoption of California Public Employees' Retirement System (CalPERS) 457 Plan (Human Resources Director Sousa)
Staff's Recommendation: Adoption of Resolution 3476-24, Approving Adoption of a CalPERS 457 Plan; and Authorize and Direct the Human Resources Director to Execute the Agreement and Related Documents on Behalf of the City.
OTHER ACTIONABLE ITEMS:
8. Approving Fee Waiver Requested by Bloss Memorial Healthcare District to use Atwater Community Center to Host a Senior Adult Information Day (Public Works Director Vinson)
Staff's Recommendation: Approval of a fee waiver requested by Bloss Memorial Healthcare Distrct to use the Atwater Community Center on Tuesday, September 17, 2024, from 9:00 AM to 1:00 PM; and authorizes and directs the City Manager, or designee, to execute any and all documents necessary to waive the facility rental fees associated with Bloss Memorial Healthcare District using the Atwater Community Center to host a Senior Adult Information Day. ***END OF CONSENT CALENDAR***
PUBLIC HEARINGS:
9. Resolution adopting an Initial Study and Mitigated Negative Declaration in accordance with the California Environmental Quality Act (CEQA) for the project; and approve a Tenative Pacel Map, General Plan Amendment, Variance and Site Plan for the property located on the Northwest corner of Sunset Drive and Everett Street, Atwater (APN 056- 540-004) (City Manager Hoem)
Staff's Recommendation: Open the public hearing and receive any testimony given; and
City Council Agenda for Meeting of August 12, 2024 Page 4 Close the public hearing; and
Motion to adopt Resolution No. 3477-24 adopting an Initial Study and Mitigated Negative Declaration in accordance with California Environmental Quality Act (CEQA) for residential, multi-family project; and approve a Tenative Pacel Map, General Plan Amendment, Variance and Site Plan, located on the Northwest corner of Sunset Drive and Everett Street, Atwater (APN 056-540-004); or Motion to approve staff's recommendation as presented.
10. Waiving the first reading, by title only, and introducing an Ordinance approving Zone Change No. 23-19-0100 to change the zoning designation from Residential Estate (R-E) to High Density Residential (R-3) for the property located at the Northwest Corner of Sunset Drive and Everett Street, Atwater (APN 056-540-004) (City Manager Hoem) Staff's Recommendation: Open the public hearing and receive any testimony given; and
Close the public hearing; and
Motion to waive the first reading, by title only, and introduce Ordinance No. CS 1068 approving Zone Change No. 23-19-0100 to change the zoning designation from Residential Estate (R-E) to High Density Residential (R-3) for the property located at the Northwest Corner of Sunset Drive and Everett Street, Atwater (APN 056-540-004).
REPORTS AND PRESENTATIONS FROM STAFF:
11. Approving an Agreement Between the City of Atwater and the County of Merced to Lease Space at the Merced County Emergency Operations Center for a Police 911 Communications Center (Police Chief Salvador) Staff's Recommendation: Motion to Adopt Resolution No. 3478-24 approving an agreement with the County of Merced to Lease Space at the Merced County Emergency Operations Center for a Police 911 Communications Center for $2,890.91 per month, and authorizes and directs the City Manager to execute the contract on behalf of the City; or
Motion to approve staff's recommendation as presented.
12. Awarding a Cooperative Government Obligation Contract with Republic First National Corporation to Finance the Purchase of One (1) New Rosenbauer Commander Type I Fire Engine (CAL Fire Battalion Chief Ayuso)
Staff's Recommendation: Motion to Adopt Resolution No. 3479-24 Awarding a Cooperative Government Obligation Contract with Republic First National Corporation in the amount of $994,22.74 to finance the purchase of one (1) new 2024 Rosenbauer Commander Type I Fire Engine and authorizing and directing the City Manager to City Council Agenda for Meeting of August 12, 2024 Page 5 execute the Contract and all related documents on behalf of the City; or
Motion to approve staff's recommendation as presented.
CITY MANAGER REPORTS/UPDATES:
13. Update from the Office of the 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:
14. Letter Opposing Assembly Bill 2557 Proposing Changes to the Fundamental Work of Local Governments by Disincentivizing Contractors from Doing Business with Cities While Increasing Costs and Delays
Recommendation: Motion to authorize and direct Mayor Nelson to execute the letter of opposition on behalf of the City Council regarding Assembly Bill 2557 proposes sweeping changes to the fundamental work of local governments by disincentivizing contractors from doing business with cities while increasing costs and delays. • 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
ADJOURNMENT:
City Council Agenda for Meeting of August 12, 2024 Page 6 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.