Cities Index.
Agenda packet

Atwater City Council
January 24, 2022

Document
Agenda packet
Meeting
January 24, 2022
Body
Atwater City Council
Pages
306
Original file
12.5 MB
Text extracted from the city's file for reading and search. Open the original on www.atwater.org. That file is the official record.

Agenda Report - Page 3
N/A
VI. INTERDEPARTMENTAL COORDINATION:

The Merced County Local Authority Formation Commission (LAFCo) and City Staff have been in communication in regard to the properties and the extension of water connections. Discussion with Bill Nicholson, Executive Office of Merced LAFCo has confirmed the connections do not need approval or review regarding the existing connections.

VII. PUBLIC PARTICIPATION:

The public hearing was adequately noticed and advertised for the regularly scheduled City Council hearing. The public will have the opportunity to provide comments on this item prior to City Council action.

VIII. ENVIRONMENTAL REVIEW:

Pursuant to the California Environmental Quality Act (CEQA), the connections are categorically exempt under guideline section 15301, Class 1 “Existing Facilities.” This exemption states “Class 1 consists of the operation, repair, maintenance, permitting, leasing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features involving no negligible or no expansion of existing or former use.” The City has existing water lines in the area along Castle Street that are already serving the area and the connections have not had an adverse effect on the environment or land use.

IX. STEPS FOLLOWING APPROVAL:

Following approval of the Agreements affecting Real Property and Outside Service Agreement for Water Service, the agreements will be finalized, and the rates will be adjusted according to those agreements.

Submitted by:

Greg Thompson, Public Works/Community Development Director

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Agenda Report - Page 4
Approved by:

Lori Waterman, City Manager
Attachments:

1. Resolution No. 3284-22 Approves Castle Park Acres Division Agreements affecting Real Property and Outside Service Agreement for Water Service

2. 1540 Castle Street

3. 1619 Castle Street

4. 1628 Castle Street

5. 1629 Castle Street

6. 1639 Castle Street

7. 1640 Castle Street

8. 1651 Castle Street

9. 1686 Castle Street

10. 1700 Castle Street

11. 1701 Castle Street

12. 1501 Castle Street

13. 1529 Castle Street

14. 1530 Castle Street

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CITY COUNCIL
OF THE

CITY OF ATWATER
RESOLUTION NO. 3284-22

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ATWATER APPROVING THE

AGREEMENTS AFFECTING REAL PROPERTY

AND OUTSIDE SERVICE AGREMENT FOR

WATER SERVICE BY AND BETWEEN THE CITY

OF ATWATER AND THE PROPERTY OWNERS

OF THE CASTLE PARKS ACRES DIVISION
WHEREAS, each individual is the owner of real property in the unincorporated area of the County of Merced; and
WHEREAS, the City of Atwater and the property owners intend to ratify the existing services by entering into Water Connection Agreements; and WHEREAS, the City of Atwater is in a position to continue to provide domestic water service to the existing properties; and
WHEREAS, the City of Atwater has reviewed the subject properties and determined the continuation of the water services to the property would be acceptable and in conformance with the General Plan; and
WHEREAS, the water connections began prior to January 1, 2001, and are not subject to the Local Authority Formation Commission (LAFCo) review and approval pursuant to Government Code Section 56133(e)(4); and
WHEREAS, the agreements verify the property owners will pay the current established utility rates; and
WHEREAS, any remaining out of boundary water connections within the subject area may acquire the established rates subject to a valid water connection agreement; and WHEREAS, the agreements establish the relinquishing of right to petition against future annexation of the properties; and

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Resolution No. 3284-22 Page 2
WHEREAS, the connections are categorically exempt under California Environmental Guideline Section 15301, Class 1, “Existing Facilities” exemption.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atwater does hereby approve the Agreements affecting Real Property and Outside Service Agreement for Water Service for the Castle Park Acres Division.

The foregoing resolution is hereby adopted this 24th day of January 2022.

AYES:

NOES:

ABSENT:

APPROVED:

________________________________

PAUL CREIGHTON, MAYOR
ATTEST:
_______________________________

LUCY ARMSTRONG, CITY CLERK

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CITY COUNCIL

AGENDA REPORT

MEETING DATE: January 24, 2022
TO: Mayor and City Council
FROM: Greg Thompson, Community Development Director
PREPARED BY: Christina Dyson
SUBJECT: Waiving the first reading and introducing an ordinance of the City Council amending Section 13.12.120, "Service to Users Outside City Limits," of Title 13, "Public Services," of the Atwater Municipal Code (Public Works/Community Development Director Thompson)

RECOMMENDED COUNCIL ACTION
Motion to waive the first reading and introduce Ordinance No. CS 1043 amending Section 13.12.120, "Service to Users Outside City Limits," of Title 13, "Public Services," of the Atwater Municipal Code; or
Motion to approve staff's recommendation as presented.

I. BACKGROUND/ANALYSIS:

BACKGROUND:

The City of Atwater is requesting the City Council to approve the amendment to Section

13.12.120 to remove the requirement for outside service connections to pay 300% of the established utility fees.

In 2019, the City Council adopted Resolution No. 3067-19 that approved the water and wastewater cost of service study and adopted new rates for water and wastewater services.

Any connections can be requested for properties that reside outside the City limits.

These requests must be approved by the City Council and the Local Agency Formation Commission (LAFCo).

ANALYSIS:

The Atwater Municipal Code must be consistent with the California State Law, existing adopted utility rates, and the Atwater General Plan.

CITY COUNCIL
Paul Creighton, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond

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Agenda Report - Page 2
The General Plan Policy 3.1.g allows the City to supply water services to properties outside of City limits in emergency situations or exceptional cases where public health and safety is jeopardized.

The current Municipal code section requires that outside services must pay a 300% increase to the established utility rate, which staff recommends changing due to ensure parity among ratepayers and maximize consistency with the 2019 rate study.

II. FISCAL IMPACTS:

Upon the ordinance taking effect, the revenue for water service rates for users outside city limits, will decrease by 200%, per outside user, to ensure parity among ratepayers and maximize consistency with the 2019 rate study. This item has been reviewed by the Finance Department.

III. LEGAL REVIEW:

This item has been reviewed by the City Attorney.

IV. EXISTING POLICY:

The proposed change in this code section does not conflict with any provisions of the General Plan or Municipal Code.

V. ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

The public will have the opportunity to provide comments on this item prior to City Council action.

VIII. ENVIRONMENTAL REVIEW:

This item is not a “project” under the California Environmental Quality Act (CEQA) as this activity does not cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to Public Resources Code section 21065.

IX. STEPS FOLLOWING APPROVAL:

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Agenda Report - Page 3
The second reading and adoption of the ordinance is scheduled for the next regular City Council meeting.

Submitted by:

Greg Thompson, Public Works/Community Development Director Approved by:

Lori Waterman, City Manager
Attachments:

1. Ordinance No. CS 1043 Amending Section 13.12.120

2. Current Section 13.12.120

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CITY COUNCIL
OF THE

CITY OF ATWATER

ORDINANCE NO. CS 1043

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF ATWATER AMENDING SECTION

13.12.120, “SERVICE TO USERS OUTSIDE CITY
LIMITS,” OF TITLE 13, “PUBLIC SERVICES,” OF

THE ATWATER MUNICIPAL CODE
WHEREAS, in accordance with established goals and objectives regarding the utility services in the General Plan, the City, through its powers to govern, can amend, revise, repeal, or replace sections of Chapter 13 within the City’s Municipal Code; and WHEREAS, the City of Atwater seeks to amend their municipal code to provide consistency with the adopted 2019 rate study; and
WHEREAS, the City Council finds it is in the interest of the public to amend such section of the municipal code; and
NOW, THEREFORE, be it ordained by the City Council of the City of Atwater as follows:

Section 1: The findings set forth above are applicable and incorporated herein by reference.

Section 2: Section 13.12.120 of the Atwater Municipal Code is hereby amended as follows:

13.12.120 – Service to users outside City limits.

Upon approval by the City Council, water service may be extended to users outside the city limits. However, such users will be required to pay the rates imposed by this chapter multiplied by 300 percent.

Section 3: EFFECTIVE DATE. Within fifteen (15) days from and after adoption, this Ordinance, or a summary thereof, shall be published once in a newspaper of general circulation printed and published in Merced County and circulated in Atwater, in accordance with California Government Code Section 36933. This Ordinance shall take effect and be enforced thirty (30) days after its adoption.

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Ordinance No. CS 1043 Page 2
Section 4: SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable.

This City Council declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed, and the balance of the ordinance be enforced.

SECTION 6: CEQA. The City Council finds that the adoption and implementation of this ordinance is not a “project” for purposes of CEQA as that term is defined by CEQA Guidelines sections 15061. No impact to the physical environment will result as this only relates to enforcement of certain violations of the Code.

INTRODUCED:

ADOPTED:

AYES:

NOES:

ABSENT:

APPROVED:
________________________________

PAUL CREIGHTON, MAYOR
ATTEST:
_________________________________

LUCY ARMSTRONG, CITY CLERK

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Created: 2022-01-13 08:56:50 [EST]
(Supp. No. 8, Update 4)

Page 1 of 1 ends

13.12.120 Service to users outside City limits.

Upon approval by the City Council, water service may be extended to users outside the City limits. However, such users will be required to pay the rates imposed by this chapter multiplied by 300 percent. (Ord. CS 944, § 1, 5-13-2013)

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CITY COUNCIL

AGENDA REPORT

MEETING DATE: January 24, 2022
TO: Mayor and City Council
FROM: Greg Thompson, Community Development Director
PREPARED BY: Leslie Thuang, Deputy City Clerk/Administrative Assistant II SUBJECT: Waiving the first reading and introducing an ordinance of the City Council amending Section 2.07.010, "Commission
appointments," of Title 2, "Administration and Personnel," of the Atwater Municipal Code (Public Works/Community
Development Director Thompson)

RECOMMENDED COUNCIL ACTION
Motion to waive the first reading and introduce Ordinance No. CS 1044 amending Section 2.07.010, "Commission appointments," of Title 2, "Administration and Personnel," of the Atwater Municipal Code; or
Motion to approve staff's recommendation as presented.

I. BACKGROUND/ANALYSIS:

At the regular City Council meeting of December 13, 2021, the City Council adopted Resolution No. 3274-21 establishing a General Plan Technical Advisory Committee to assist with the update to the City of Atwater General Plan.

Pursuant to Government Code Section 35300 et. seq. (referred to as the Public Resources Code), government entities such as cities and counties, are required to adopt and administrate a comprehensive General Plan. This planning document anticipates a 20-year useful lifespan and is amended periodically.

The City of Atwater last updated and adopted its current General Plan in August of 2000. It reached the end of its useful life as a planning document in December of 2020.

The City has now begun the process to update its 2000 General Plan and the technical studies associated with it.

The role of the General Plan Technical Advisory Committee would be to perform the following:

CITY COUNCIL
Paul Creighton, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond

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Agenda Report - Page 2
 Facilitate, in concert with City staff, consultants and the public, the update of the 2000 City of Atwater General Plan throughout the General Plan Update process.  Supplement the community input provided at public workshops and provide feedback and guidance throughout the General Plan Update.  Provide feedback and direction to the project consultant and City staff, with the goal of developing policies and objectives of the new General Plan that are responsive to community input, conditions, goals, and vision.  Refine the approach taken for each major step in the process, provide feedback through interim steps, review reports, and review policy alternatives to select preferred policies.
 Provide guidance at key project milestones.
 Communicate information about the General Plan Update to the City of Atwater community members and to encourage all interested parties to participate in the process.
 Make a recommendation to the Planning Commission and the City Council on the adoption of the General Plan Update.
 Make a recommendation on land use and the Sphere of Influence.

The General Plan Technical Advisory Committee would consist of seven members that would be appointed by the Mayor with ratification by the City Council. The Committee would consist of two (2) members from the City Council (Mayor and a City Council Member), two (2) Planning Commission Members (Chairperson and a Commissioner), and three (3) Technical Members (City or non-City residents appointed by the City Council). This Committee shall serve in an advisory capacity only; chartered to assist the City’s planning agency in the duties set forth herein and in the adopted resolution.

The City seeks to amend Section 2.07.010, “Commission appointments,” of Title 2, “Administration and Personnel,” of the Atwater Municipal Code to waive the elector requirement for the General Plan Technical Advisory Committee to allow for the recruitment of three (3) Technical Members (City or non-City residents by the City Council) to assist with the update to the City of Atwater General Plan.

II. FISCAL IMPACTS:

There is no fiscal impact associated with establishing a General Plan Technical Advisory Committee. This item has been reviewed by the Finance Department.

III. LEGAL REVIEW:

This item has been reviewed by the City Attorney.

IV. EXISTING POLICY:

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Agenda Report - Page 3
N/A
V. ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

The public will have the opportunity to provide comments on this item prior to City Council action.

VIII. ENVIRONMENTAL REVIEW:

This item is not a “project” under the California Environmental Quality Act (CEQA) as this activity does not cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to Public Resources Code section 21065.

IX. STEPS FOLLOWING APPROVAL:

The second reading and adoption of the ordinance is scheduled for the next regular City Council meeting.

Submitted by:

Greg Thompson, Public Works/Community Development Director Approved by:

Lori Waterman, City Manager
Attachments:

1. Ordinance No. CS 1044 Amending Title 2, Section 2.07.010

2. Current Section 2.07.010

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Agenda Report - Page 4

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CITY COUNCIL
OF THE

CITY OF ATWATER

ORDINANCE NO. CS 1044

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF ATWATER AMENDING SECTION

2.07.010, “COMMISSION APPOINTMENTS,” OF
TITLE 2, “ADMINISTRATION AND PERSONNEL,”

OF THE ATWATER MUNICIPAL CODE FOR THE

GENERAL PLAN TECHNICAL ADVISORY

COMMITTEE ELECTOR REQUIREMENT
WHEREAS, the City Council of the City of Atwater adopted Resolution No. 3274-21 establishing a General Plan Technical Advisory Committee to assist with the update to the City of Atwater General Plan on December 13, 2021; and WHEREAS, the membership of the Committee shall consist of two (2) City Council Members (the Mayor and a City Council Member), two (2) Planning Commission Members (the Chairperson and a Commissioner), and three (3) technical members (City or non-City residents appointed by the City Council); and WHEREAS, the City of Atwater seeks to amend its municipal code to allow for the recruitment of technical members to the General Plan Technical Advisory Committee who may not be City residents; and
WHEREAS, the City Council finds it it is in the interest of the public to amend such section in the municipal code to establish a General Plan Technical Advisory Committee to assist with the update to the City of Atwater General Plan to keep up with the current needs of the City.

NOW, THEREFORE, be it ordained by the City Council of the City of Atwater as follows:

Section 1: The findings set forth above are applicable and incorporated herein by reference.

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Ordinance No. CS 1044 Page 2
Section 2: Section 2.07.010 of the Atwater Municipal Code is hereby amended as follows:

2.07.010 – Commission appointments.

All Council appointed members of all City Commissions shall be qualified electors residing within the corporate limits of the City of Atwater and establish policies, procedures, and/or regulations governing the process for selecting members of City Commissions. The City Council may, by resolution, waive the elector requirement for the General Plan Technical Advisory Committee.

Any Commission member who changes his/her place of residence to a place outside the City of Atwater and/or who is no longer a qualified elector of the City shall automatically be deemed to have resigned.

Section 7: EFFECTIVE DATE. Within fifteen (15) days from and after adoption, this Ordinance, or a summary thereof, shall be published once in a newspaper of general circulation printed and published in Merced County and circulated in Atwater, in accordance with California Government Code Section 36933. This Ordinance shall take effect and be enforced thirty (30) days after its adoption.

Section 8: SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable.

This City Council declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed, and the balance of the ordinance be enforced.

SECTION 9: CEQA. The City Council finds that the adoption and implementation of this ordinance is not a “project” for purposes of CEQA as that term is defined by CEQA Guidelines sections 15061(b)(3) and 15378(b)(5). No impact to the physical environment will result as this only relates to enforcement of certain violations of the Code.

INTRODUCED:

ADOPTED:

AYES:

NOES:

ABSENT:

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Ordinance No. CS 1044 Page 3
APPROVED:
________________________________

PAUL CREIGHTON, MAYOR
ATTEST:
_________________________________

LUCY ARMSTRONG, CITY CLERK

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2.07.010 - Commission appointments.

All Council appointed members of all City Commissions shall be qualified electors residing within the corporate limits of the City of Atwater. The City Council may, by resolution, establish policies, procedures, and/or regulations governing the process for selecting members of City Commissions.

Any Commission member who changes his/her place of residence to a place outside the City of Atwater and/or who is no longer a qualified elector of the City shall automatically be deemed to have resigned.
(Ord. CS 512, 1982; Ord. CS 934, § 1, 6-25-2012; Ord. CS 965, § 1, 5-11-2015)

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CITY COUNCIL

AGENDA REPORT

MEETING DATE: January 24, 2022
TO: Mayor and City Council
FROM: Lori Waterman, City Manager
PREPARED BY: Delilah Youmara, Finance Director
SUBJECT: Categorizing American Rescue Plan Act (ARPA) funds as "Lost Revenue," Establishing List of ARPA Priorities,
Approving Budget Amendment establishing revenue and
budget appropriation for ARPA, and Authorizing and Directing City Manager to approve Call for Bids, Plans, and
Specifications for all Eligible ARPA Priority Projects and award such Projects (City Manager Waterman)

RECOMMENDED COUNCIL ACTION
Motion to categorize all ARPA Revenue in the amount of $7,071,141 as "Lost Revenue" as defined by the US Department of Treasury's Final Rule; and Motion to establish and approve a list of ARPA Priorities; and Motion to adopt Resolution No. 3290-22 approving Budget Amendment No. 22 amending the Fiscal Year 2021-22 Budget to establish revenue and expenditure budget appropriation in the amount of $3,535,571 for American Rescue Plan Act; and Motion to adopt Resolution No. 3291-22 authorizing and directing the City Manager, or her designee, to approve the Call for Bids and Plans and Specifications for all eligible ARPA priority Public Works Projects and award such projects of $200,000 or less; or Motion to approve staff's recommendation as presented.

I. BACKGROUND/ANALYSIS:

BACKGROUND:

On March 11, 2021, President Biden signed the American Rescue Plan Act (ARPA) of the 2021 Rescue Plan into law. The $1.9 trillion package is intended to combat the COVID-19 pandemic, including public health and economic impacts. The Rescue Plan provides funding for many different relief programs.

CITY COUNCIL
Paul Creighton, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond

Page 295 of 306 ends

Agenda Report - Page 2
The City of Atwater was awarded $7,071,141 and will receive the funds in two equal tranches. The first tranche was received on July 13, 2021 and the second will be received in July 2022.

The U.S. Department of the Treasury has issued the Final Rule on the use of Coronavirus State and Local Fiscal Recovery Funds, which were established under the American Rescue Plan Act. Securing funding and resources to help cities in their pandemic recovery was one of Cal Cities’ top priorities in 2020 and 2021, and ensuring cities have the information they need to access and spend those dollars is equally important.

The Final Rule provides additional clarity and flexibility for the use of recovery funds.

Under the Final Rule, recipients may select a standard "Lost Revenue" amount up to $10 million dollars, or complete a full lost revenue calculation when replacing lost revenue. Recipients selecting the standard “lost revenue” allowance may use that amount — in many cases less than or equal to their full award — for government services with streamlined reporting requirements. More than 90% of California’s nonentitlement city allocations fall within the $10 million standard allowance, including the City of Atwater.

This means the City may designate our full allocation of $7,071,141 as "Lost Revenue".

Designating and dedicating such funds as “Lost Revenue” under ARPA is the most efficient, effective, and strategic allocation because all such funds so categorized may be used for any general governmental service. This provides the most flexibility and efficiency for use and tracking by the City.

ANALYSIS:

The City of Atwater is scheduled to receive a total of $7,071,141. The first tranche payment was received July 13, 2021, in the amount of $3,535,571, with the second tranche payment expected to be received in July 2022.

The City has until December 31, 2024, to obligate the funds, and until December 31, 2026, to spend the funds. However, due to the ongoing nature of the pandemic and its negative impacts, it is imperative the City start implementing programs addressing COVID-19 public health issues and economic impacts.

To date, staff has completed and expended the following:
• No-cost Summer 2021 Drop-In Program - $35,000
• It expenses for Brown Act Meetings via Zoom through December 2024 - $20,400 • One-time payments to essential workers permitted under ARPA - $101,415 • Augmented Janitorial Services with JaniTek through December 2024 - $298,860 • Reimbursement of COVID-related employment expenditures through Fiscal 2021-22 - $195,000

Page 296 of 306 ends

Agenda Report - Page 3
Going forward, the following ARPA Priority List is recommended by staff based on current needs, and is included in the Budget Amendment:

Priority 1:

Civic Center 1 – Phase 1
Priority 2:

Civic Center 1 - Phase 2
$389,855
Priority 3:

Civic Center 2 – Phase 1
Priority 4:

Civic Center 2 – Phase 2
$472,518
Priority 5:

New Entrance Doors at various City
Facilities
$300,000
Priority 6:

Access Control–Keyless entry, foot
control at various City Facilities
$90,000
Priority 7:

Utility Payment Kiosks (2)
$159,300
Priority 8:

HVAC retrofit systems at various City
Facilities
$275,000
Priority 9:

Street and Sidewalk Improvements
$400,000
Priority 10:

Park Improvements at various City Parks
$433,223
Priority 11:

Broadway Avenue re-tasking traffic
movement pattern (one way)
$120,000
Priority 12:

City-wide lighting
$100,000
Priority 13:

City-wide security
$100,000
Priority 14:

Recreation Programs and Staffing
$40,000
Civic Center 1 and 2
On March 22, 2021, the City Council gave direction and approval for the purchase of real property located at 1160 Fifth Street and 1350 Broadway Avenue, Atwater, California. The purpose of these purchases was to provide space for the relocation of the current City Administration, City Clerk, Human Resources/Risk Management,

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Agenda Report - Page 4
Finance, and Community Development staff to address the over-crowded conditions in the current City Hall and temporary buildings. The purchase of these new facilities is part of a plan that will economically benefit the public by being centrally and strategically located services.

Due to the timing and scope of distinctive work, Civic Center 1 and Civic Center 2 will each be completed in phases and will include: Reconfiguring of workspace areas, new flooring, paint, cabinetry, countertops, windows, doors, electrical wiring to meet security standards, and ADA compliance. Exterior and finished improvements will include, but are not limited to, lighting, landscaping, paint, parking resurfacing, and striping. All modifications and reconfigurations will be in compliance with City Ordinance and Municipal requirements, State and Federal regulations, as well as all ADA requirements. One phase will focus on retrofitting and ensuring regulatory compliance and the second phase will focus on functional tenant improvements.

Delegation to City Manager
Consistent with state law, the Purchasing Manual as revised allows the City Council to delegate the call for bids and approval of plans and specifications to the City Manager on eligible public projects, and additionally, for projects $200,000 or less, to give the City Manager the responsibility to award such projects. The attached Resolution gives the City Manager such authority for any eligible public works projects on the ARPA Priority List.

This is analogous to taking a “standard deduction” on federal income tax as opposed to calculating itemized deductions. For the City, the standard “Lost Revenue” option up to $10 million dollars is much more advantageous considering our total ARPA award is less than $10 million dollars.

II. FISCAL IMPACTS:

The first tranche payment of $3,535,571 was received in July of 2021 and an equal amount is anticipated to be received in July of 2022. These funds may cover the costs incurred and/or obligated from March 1, 2021 through December 31, 2024. Upon approval of budget Amendment No. 22, the budget appropriations will be established in the amount of $3,535,571 for the ARPA -American Rescue Plan Act Fund, ARPA Revenue account number 1010-0000-3137. The second tranche of $3,535,571, will be appropriated in the FY 2022-23 budget.

The use of one-time capital expenses is an appropriate use of the ARPA one-time funds. Therefore, staff recommends relieving the General Fund and reimbursing expenses budgeted originally under the General Fund for ARPA projects. These items are identified in the budget amendment.

This item has been reviewed by the Finance Department.

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Agenda Report - Page 5
III. LEGAL REVIEW:

This item has been reviewed by the City Attorney’s Office.

IV. EXISTING POLICY:

This project is consistent with goal number one (1) of the City's 2020-2025 Strategic Plan: to ensure the City's continued financial stability.

V. ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

Administration staff coordinated this item with the Finance Department.

VII. PUBLIC PARTICIPATION:

The public will have an opportunity to provide comments on this item prior to City Council action.

VIII. ENVIRONMENTAL REVIEW:

This item is not considered a “project” pursuant to Section 21065 of the Public Resources Code in that the action of approving a list of projects and dedicating ARPA funds would not have a direct or indirect effect on the physical environment and therefore is not subject to analysis. Any specific project approvals will be approved later by the City.

IX. STEPS FOLLOWING APPROVAL:

Upon approval of tonight’s recommended action steps, the City Manager will commence and expedite the identified Priority Projects and staff will make the appropriate adjustments within the accounts listed. The City Manager will provide regular updates to the Council on the progress of implementing the ARPA Priority List.

Page 299 of 306 ends

Agenda Report - Page 6
Submitted by:

Delilah Youmara, Finance Director
Approved by:

Lori Waterman, City Manager
Attachments:

1. Resolution No. 3290-22 Approving Budget Amendment No. 22 RE ARPA Funding Acceptance and Budget Authority

2. Resolution No. 3291-22 Authorizes and Directs City Manager to approve Call for Bids and Plans and Specifications for all ARPA Priority Projects

Page 300 of 306 ends

CITY COUNCIL
OF THE

CITY OF ATWATER
RESOLUTION NO. 3290-22

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ATWATER APPROVING BUDGET
AMENDMENT NO. 22 AMENDING FISCAL YEAR
2021-22 BUDGET AND AMENDING THE 5-YEAR

CAPITAL IMPROVEMENT PROGRAM

REGARDING AMERICAN RESCUE PLAN ACT
(ARPA) FUNDING ACCEPTANCE AND BUDGET

AUTHORITY
WHEREAS, the City Council of the City of Atwater adopted Resolution No. 3224-21 adopting the Fiscal Year 2021-22 Budget on June 14, 2021; and WHEREAS, from time to time, and in order to operate effectively, it is necessary to amend said budget; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atwater does hereby approve Budget Amendment No. 22 amending Fiscal Year 2021-22 Budget and amending the 5-Year Capital Improvement Program as follows:

SECTION 1: Budget Amendment No. 22 amending the following to the Fiscal Year 2021- 22 Budget and the 5-Year Capital Improvement Program as follows:

Establish
Budget
(Revenue)
1010-0000-3137
ARPA-American
Rescue Plan Act
Fund
$3,535,571
Establish
Budget
(Expense)
Reimburse General
Fund 1010-6060-2042 Drop-In Program $35,000
Establish
Budget
(Expense)
Reimburse General
Fund through
December 2024
1010-1010-3099 Virtual MeetingZoom $20,400
Establish
Budget
(Expense)
Reimburse Appropriate
Fund 1010-XXXX-XXXX Premium Pay to Essential Workers $101,415 Establish
Budget
(Expense)
Reimburse Appropriate
Fund through
December 2024
1010-9090-3030 Augmented
Janitorial $298,860

Page 301 of 306 ends

Resolution No. 3290-22 Page 2
Establish
Budget
(Expense)
Reimburse General
Fund and going
forward
1010-Account
Breakout to Follow
COVID Related
Employment
Expense
$195,000
Establish
Budget
(Expense)
Priority 1 & 2 1010-1080-U007 City Building – Civic
Center #1 $200,000
Establish
Budget
(Expense)
Priority 1 & 2:

Reimburse General
Fund and Transfer
Available Budget
1010-1080-U007 City Building – Civic
Center #1 $189,855
Decrease
Budget
(Expense)
Reimburse General
Fund Expenditures and
Transfer Available
Budget
0003-1080-U007
City Building – Civic
Center #1
(Reimbursement and
available budget)
($189,855)
Establish
Budget
(Expense)
Priority 3 & 4 1010-1080-V001 City Building – Civic
Center #2 $200,000
Establish
Budget
(Expense)
Priority 3 & 4:

Reimburse General
Fund Expenditures and
Transfer Available
Budget
1010-1080-V001 City Building – Civic
Center #2 $272,518
Decrease
Budget
(Expense)
Reimburse General
Fund Expenditures and
Transfer Available
Budget
0003-1080-V001
City Building – Civic
Center #2
(Reimbursement and
available budget)
($272,518)
Establish
Budget
(Expense)
Priority 5 1010-XXXX-XXXX New Entrance Doors
– Police Department $60,000
Establish
Budget
(Expense)
Priority 5 1010-XXXX-XXXX New Entrance Doors
– Community Center $60,000
Establish
Budget
(Expense)
Priority 5 1010-XXXX-XXXX New Entrance Doors
– Youth Center $60,000
Establish
Budget
(Expense)
Priority 5 1010-XXXX-XXXX New Entrance Doors
– Fire Station 41 $60,000
Establish
Budget
(Expense)
Priority 5 1010-XXXX-XXXX New Entrance Doors
– Fire Station 42 $60,000
Establish
Budget
(Expense)
Priority 6 1010-XXXX-XXXX Access Control -
Police Department $18,000
Establish
Budget
(Expense)
Priority 6 1010-XXXX-XXXX Access Control -
Community Center $18,000
Establish
Budget
(Expense)
Priority 6 1010-XXXX-XXXX Access Control -
Youth Center $18,000
Establish
Budget
(Expense)
Priority 6 1010-XXXX-XXXX Access Control –
Fire Station 41 $18,000

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Resolution No. 3290-22 Page 3
Establish
Budget
(Expense)
Priority 6 1010-XXXX-XXXX Access Control –
Fire Station 42 $18,000
Establish
Budget
(Expense)
Priority 7 1010-1080-XXXX Two Payment Kiosks
(hardware/software) $137,700
Establish
Budget
(Expense)
Priority 7 1010-XXXX-XXXX
Two Payment Kiosks
– Maintenance &
Annual Support – 3
Years
$21,600
Establish
Budget
(Expense)
Priority 8 1010-XXXX-XXXX
HVAC Retrofit
Systems – Police
Department
$68,750
Establish
Budget
(Expense)
Priority 8 1010-XXXX-XXXX
HVAC Retrofit
Systems – Youth
Center
$68,750
Establish
Budget
(Expense)
Priority 8 1010-XXXX-XXXX
HVAC Retrofit
Systems – Fire
Station 41
$68,750
Establish
Budget
(Expense)
Priority 8 1010-XXXX-XXXX
HVAC Retrofit
Systems – Fire
Station 42
$68,750
Establish
Budget
(Expense)
Priority 9
1010-To be
determined when
project comes
forward
Street and Sidewalk
Improvements $400,000
Establish
Budget
(Expense)
Priority 10
1010-To be
determined when
project comes
forward
Park Improvements
at various City Parks $433,223
Establish
Budget
(Expense)
Priority 11 1010-1080-XXXX
Broadway Avenue
Re-Tasking Traffic
Movement (One
Way)
$125,000
Establish
Budget
(Expense)
Priority 12 1010-XXXX-XXXX City-Wide Lighting $100,000
Establish
Budget
(Expense)
Priority 13 1010-XXXX-XXXX City-Wide Security $100,000
Establish
Budget
(Expense)
Priority 14 1010-XXXX-XXXX
Recreation
Programs and
Staffing
$40,000

Page 303 of 306 ends

Resolution No. 3290-22 Page 4
BE IT FURTHER RESOLVED that a copy of this resolution appends to the original budget document that is available in the Finance Department and the City Clerk’s office.

The foregoing resolution is hereby adopted this 24th day of January 2022.

AYES:

NOES:

ABSENT:

APPROVED:

________________________________

PAUL CREIGHTON, MAYOR
ATTEST:
_________________________________

LUCY ARMSTRONG, CITY CLERK

Page 304 of 306 ends

CITY COUNCIL
OF THE

CITY OF ATWATER
RESOLUTION NO. 3291-22

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ATWATER AUTHORIZING AND

DIRECTING THE CITY MANAGER OR DESIGNEE,

TO APPROVE CALL FOR BIDS AND PLANS AND

SPECIFICATIONS FOR ALL ELIGIBLE

AMERICAN RESCUE PLAN ACT (ARPA)

PRIORITY PROJECTS AND AWARD SUCH
PROJECTS OF $200,000 OR LESS
WHEREAS, the City Council at its regular meeting of January 24, 2022, reviewed and discussed the revisions to the City of Atwater Purchasing System Manual developed by City staff to increase efficiencies and update the purchase procedures to be consistent with state law; and
WHEREAS, the Purchasing Policy was revised, in part, to bring it up to date with current purchasing standards established by state law; and
WHEREAS, consistent with state law, the Purchasing System Manual as revised allows the City Council to delegate the call for bid and approval of plans and specifications to the City Manager on eligible Public Works projects, and additionally, for projects of $200,000 or less, as well as award such projects.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atwater does hereby authorize and direct the City Manager, or designee, to approve Call for Bids and Plans and Specifications for all eligible ARPA Priority Public Works Projects and award such projects of $200,000 or less.

The foregoing resolution is hereby adopted this 24th day of January 2022.

AYES:

NOES:

ABSENT:

Page 305 of 306 ends

Resolution No. 3291-22 Page 2
APPROVED:

________________________________

PAUL CREIGHTON, MAYOR
ATTEST:
_______________________________

LUCY ARMSTRONG, CITY CLERK

Page 306 of 306 ends
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