Atwater City Council
July 11, 2022

CORONAVIRUS DISEASE (COVID-19) ADVISORY
Pursuant to Assembly Bill (AB) 361, the City Council may participate via teleconference/electronically. In-person participation by the public will be permitted. In addition, remote public participation and public comment 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 options below).

2. Join the electronic meeting at https://atwater-org.zoom.us/j/89554963092 (Webinar ID: 89554963092). Members of the public participating electronically via this link and wishing to speak may do so during public comment, by using the "raised hand" feature in the Zoom webinar.

3. 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. In view of the other public comment opportunities listed above, email/written comments 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) 357-6300.

CITY OF ATWATER
City Council
AGENDA
Council Chambers
750 Bellevue Road
Atwater, California
July 11, 2022
CALL TO ORDER: 5:00 PM
ROLL CALL:

Ambriz ____, Button ____, Cale ____, Raymond ____, Creighton _____

City Council Agenda for Meeting of July 11, 2022 Page 2 CLOSED SESSION:

Adjourn to Conference Room A
• Pursuant to Government Code Section 54956.8, Conference with Real Property Negotiator regarding price and terms of payment. Agency Negotiators: Community Development Director Thompson and City Manager Waterman. Negotiating Parties: Roberto H. and Maria Elena Carbajal
Property Locations: APN 156-060-006
• Conference with Legal Counsel - Existing Litigation - Government Code Section 54956.9(d)(1): Name of case: Sandra L. Rahn v. City of Atwater; Case No. 1:21-CV-01712-DAD-SKO
REGULAR SESSION: (Council Chambers)
CALL TO ORDER: 6:00 PM

PLEDGE OF ALLEGIANCE TO THE FLAG

INVOCATION
Invocation by Pastor Alan Thomas
ROLL CALL:

Ambriz ____, Button ____, Cale ____, Raymond ____, Creighton _____ 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:
• Recognition - CAL FIRE Battalion Chief/Fire Marshal

City Council Agenda for Meeting of July 11, 2022 Page 3 Staff's Recommendation: That Mayor Creighton recognize the newly appointed CAL FIRE Battalion Chief/Fire Marshal: Blaine Lopes. • Oath of Office - Police Officer
Staff's Recommendation: That Mayor Creighton administer the oath of office to the newly appointed Police Officer: Alejandro Salazar. • Recognition - Retirement of Police Officer
Staff's Recommendation: That Mayor Creighton recognize the retirement of Police Officer Darin Jantz.
• Recognition - Retirement of Police Clerk
Staff's Recommendation: That Mayor Creighton recognize the retirement of Police Clerk Juan Sufuentes.

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 discussion is requested on any item, that item will be removed from the Consent Calendar for separate action.

WARRANTS:

1. July 11, 2022
Staff's Recommendation: Approval of warrants as listed.

MINUTES: (City Council)

2. a) June 27, 2022 - Regular meeting
b) July 2, 2022 - Special meeting
Staff's Recommendation: Approval of minutes as listed.

RESOLUTIONS

3. Adopting Updated Conflict of Interest Code (City Clerk Armstrong) Staff's Recommendation: Adoption of Resolution No. 3329-22 amending the City of Atwater’s Conflict of Interest Code.

4. Approving Budget Amendment Appropriating Funds for the Existing and Expanded Lease-Purchase of the Body Camera System and

City Council Agenda for Meeting of July 11, 2022 Page 4 Approving Equipment/Software Lease-Purchase Agreement with Axon Taser for the lease-purchase of an expanded Body Camera System (Police Chief Salvador)
Staff's Recommendation: Adoption of Resolution No. 3333-22 approving Budget Amendment No. 1 amending the Fiscal Year 2022- 23 Budget regarding appropriating funds in the amount of $40,000 to the Fiscal Year 2022-23 General Fund Police Department Budget; approval of an addendum to the current Five-Year Lease-Purchase Agreement, in a form approved by the City Attorney, with Axon Taser of Arizona, in the amount not to exceed $54,319.09 over a 4-year period for the expansion of the Police Department's Current Body Camera System; and authorizes and directs the City Manager to execute the Agreement on behalf of the City.

5. Authorizing Submittal of Grant Application to San Joaquin Air Pollution Control District for Public Benefit Grant, New Alternative Fuel Vehicle Program (Police Chief Salvador)
Staff's Recommendation: Adoption of Resolution No. 3325-22 authorizing submittal of a grant application to the San Joaquin Air Pollution Control District Alternative Public Benefit Grant, Alternative Fuel Vehicle Program; and authorizes and directs the City Manager to execute all documents on behalf of the City.

6. Approving Regional Surface Transportation Program Exchange Funds Claim for Fiscal Year 2021-22 (Community Development Director Thompson)
Staff's Recommendation: Adoption of Resolution No. 3328-22 authorizing and directing the City Manager to execute and file the Regional Surface Transportation Program (RSTP) Exchange Funds Claim for Fiscal Year 2021-22.

AGREEMENTS:

7. Approving Equipment/Software Lease-Purchase Agreement with Axon Taser for the lease-purchase of a Less Lethal Weapons System (Police Chief Salvador)
Staff's Recommendation: Approval of a Five-Year Lease-Purchase Agreement, in a form approved by the City Attorney, with Axon Taser of Arizona, in the amount not to exceed $187,716 over a 5-year period for the lease-purchase of a less Lethal Weapons System; and authorizes and directs the City Manager to execute the Agreement on behalf of the City.
***END OF CONSENT CALENDAR***

PUBLIC HEARINGS

8. Public Hearing for 2022 Edward Byrne Memorial Justice Assistance Grant (JAG) Program (Police Chief Salvador)

City Council Agenda for Meeting of July 11, 2022 Page 5 Staff's Recommendation: Open the public hearing and take any testimony given;
Close the public hearing;
Motion to adopt Resolution No. 3326-22, authorizing the grant application in the amount of $13,726.00 to the United States Department of Justice, Office of Justice Programs, Bureau of Justice Assistance’s 2022 Edward Byrne Memorial Justice Assistance Grant (JAG) Program; and authorizing and directing the City Manager to execute Grant Application, amendments, and all documents related to the grant, on behalf of the City, including administration, if awarded; or Motion to approve staff's recommendation as presented.

REPORTS AND PRESENTATIONS FROM STAFF:

9. Presentation regarding City of Atwater Fiscal Revenue Analysis of Commercial Cannabis and Related Recommendations, and Possible Direction to Staff regarding changes to the City's Cannabis Program Staff's Recommendation: Motion to provide direction to staff regarding potential changes or modifications to the City's current Cannabis Program; or
Motion to approve staff's recommendation as presented.

10. Presentation by FM3 Research regarding tracking survey results, and discussion and possible direction regarding Public Safety Use Tax renewal measure
CITY MANAGER REPORTS/UPDATES:

11. 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 MATTERS
City Council comments

CLOSED SESSION
Continuation of Closed Session if necessary

City Council Agenda for Meeting of July 11, 2022 Page 6

ADJOURNMENT
CERTIFICATION:

I, Lucy Armstrong, 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. _______________________________

LUCY ARMSTRONG

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 at City Hall during normal business hours at 750 Bellevue Road.

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.

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) 357-6317. You may also send the request by email to [email protected].

1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
31 4:30 PM
1:30 PM - 3:30 PM
District 3
Supervisor McDaniel
Office Hours -
Sunday Monday Tuesday Wednesday Thursday Friday Saturday

Independence Day
City Holiday

Trash pick up delayed
City Council Meeting -
1 day

6:00 PM

Meeting - 6:00 PM

Planning Commission

Audit & Finance

~ July 2022~
6:00 PM
City Council Meeting -
Committee Meeting -

Merced County

1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30 31
Saturday
~ August 2022 ~
Sunday Monday Tuesday Wednesday Thursday Friday

City Council Meeting -

6:00 PM

Planning Commission
Meeting - 6:00 PM

Audit & Finance Merced County
Supervisor McDaniel
Committee Meeting - District 3
4:30 PM

6:00 PM 1:30 PM - 3:30 PM
City Council Meeting - Office Hours -

WARRANTS SUMMARY FOR JULY 112022
TOTAL OF WARRANTS (FROM WARRANT REPORT) I s 792,870.88 J

ADDITIONAL WARRANTS ( THESE AMOUNTS ARE NOT INCLUDED IN TOTAL WARRANTS)

DATE I DESCRIPTION AMOUNT
7/7/2022 I Prewrittens included in this current warrant run 6/16/2022 PERS Retirement EFT 5/26/22-6/8/22
6/30/2022 PERS Retirement EFT 6/9/22-6/22/22
6/29/2022 Retiree Medical Reimbursement- JULY 2022
$ (15,954.17)
$ 48,462.76
$ 45,532.61
$ 26,932.75
TOTAL ADDITIONAL WARRANTS $ 104,973.95
GRAND TOTAL OF WARRANTS PAID----------------------------------------------------------------------- $ 897,844.83

I INFORMATIONAL ONLY ( INCLUDED IN THE TOTAL WARRANTS TOTAL) !DATE I DESCRIPTION {AMOUNT
6/30/2022 Net Payroll
6/30/2022 Federal Taxes
6/30/2022 State Taxes
6/30/2022 Payroll Deductions
$ 223,516.63 $ 297,924.11
$ 66,252.01
$ 8,155.47
$ 160.00
TOTAL INFORMATIONAL WARRANTS $ 298,084.11
_,7
~

CITY TREASURER
=-

Accounts Payable
Checks for Approval
User:

Printed:
vnaranjo
7/7/2022 - 10:24 AM P (I('._,- VU v 1 +r--ev1
A~ater
Comrnunil_v Pride Ci1_ ... tn
76-0 Bel~Vl-1€ R08Ct .AllAlater GA 96,301
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 20003 06/27/2022 General Fund Machinery & Equipment ELECTRO-MATIC VISUAL, INC. 6,928.51 ---
Check Total: 6,928.51
20004 06/27/2022 Water Enterprise Fund Accounts Payable STATE WATER RESOURCES CONTROL BOARI.: 1,565.84 ---
Check Total: 1,565.84
20005 06/29/2022 Employee Benefits Fund Health Insurance, Retirees DAVID CHURCH 1,679.46 ---
Check Total: 1,679.46
20006 06/29/2022 Employee Benefits Fund Health Insurance, Retirees GARY FRAGO 256.37 Check Total: 256.37
20007 06/29/2022 Employee Benefits Fund Health Insurance, Retirees WILLIAM MARTIN 676.23 ---
Check Total: 676.23
20008 06/29/2022 Employee Benefits Fund Health Insurance, Retirees BILL SWALLEY 27.19 Check Total: 27.19
20009 07/01/2022 General Fund Special Departmental Expense CATERING BY CHEF MELISSA 3,188.63 Check Total: 3,188.63
20010 07/01/2022 ARPA-American Rescue Plan Act City Bldg - Civic Center #1 VANTAGE INSTALL PROS 1,471.94 Check Total: 1,471.94
20011 07/05/2022 General Fund Garnishments FRANCHISE TAX BOARD 160.00 Check Total: 160.00
Report Total: 15,954.17
AP-Checks for Approval (7/7/2022 - 10:24 AM) Page 1

Accounts Payable
Checks for Approval
User:

Printed:
vnaranjo
7/7/2022 - 10:26 AM
Ci,ty of
Anvater
Comnnn1i1_.,.. Pride Cit_,.
7150 BelleVL.1€ Roacl, M.A.tarer GA 963Q1
Check Number Check Date Fund Name Account Name Vendor Name Void Amount 0 07/11/2022 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 40,030.73 0 07/11/2022 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 55,000.00 0 07/11/2022 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 191,340.63 0 07/11/2022 Sewer Enterprise Fund Cash with Fiscal Agent THE BANK OF NEW YORK MELLON 85,000.00 0 07/11/2022 Sewer Enterprise Fund Special Departmental Expense TRANSCOUNTY TITLE CO. 400.00 Check Total: 371,771.36
20012 07/11/2022 Water Enterprise Fund Professional Services ABS PRESORT, INC. 711.10 20012 07/11/2022 Sewer Enterprise Fund Professional Services ABS PRESORT, INC. 711.10 20012 07/11/2022 Sanitation Enterprise Professional Services ABS PRESORT, INC. 711.10 20012 07/11/2022 Water Enterprise Fund Office Supplies ABS PRESORT, INC. 1,166.67 20012 07/11/2022 Sewer Enterprise Fund Office Supplies ABS PRESORT, INC. 1,166.67 20012 07/11/2022 Sanitation Enterprise Office Supplies ABS PRESORT, INC. 1,166.66 Check Total: 5,633.30 ,,/
20013 07/11/2022 General Fund Training ABRAHAM AGUILAR 57.01 Check Total: 57.01
20014 07/11/2022 Information Technology Fund Special Departmental Expense AIRESPRING 3,893.75 -
Check Total: 3,893.75
20015 07/11/2022 General Fund Office Supplies AMAZON CAPITAL SERVICES 74.68 20015 07/11/2022 General Fund Uniform & Clothing Expense AMAZON CAPITAL SERVICES 135.30 20015 07/11/2022 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 2,166.89 20015 07/11/2022 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 194.90 20015 07/11/2022 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 139.64 20015 07/11/2022 General Fund Fire Marshal Supplies AMAZON CAPITAL SERVICES 51.70 20015 07/11/2022 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 190.48 20015 07/11/2022 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 38.96 20015 07/11/2022 General Fund Office Supplies AMAZON CAPITAL SERVICES 23.76 20015 07/11/2022 General Fund Office Supplies AMAZON CAPITAL SERVICES 16.23 20015 07/11/2022 General Fund Office Supplies AMAZON CAPITAL SERVICES 36.78 20015 07/11/2022 General Fund Special Departmental Expense AMAZON CAPITAL SERVICES 16.23 AP-Checks for Approval (7/7/2022 - 10:26 AM) Page 1

Check Number Check Date Fund Name Account Name Vendor Name Void Amount Check Total: 2,669.30
20019 07/11/2022 Internal Service Fund Professional Services ASSOCIATES LOCK 80.00 Check Total: 80.00
20020 07/11/2022 Gas Tax/Street Improvement Professional Services ATWATER ELECTRIC 2,000.00 20020 07/11/2022 ARPA-American Rescue Plan Act City Bldg - Civic Center #I ATWATER ELECTRIC 3,200.00 20020 07/11/2022 Internal Service Fund Professional Services ATWATER ELECTRIC 1,956.80 ---
Check Total: 7,156.80
20021 07/11/2022 ARPA-American Rescue Plan Act City Bldg - Civic Center #I ATWATER GLASS 1,870.59 Check Total: 1,870.59
20022 07/11/2022 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 2,584.92 20022 07/11/2022 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 1,811.85 20022 07/11/2022 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 389.69 20022 07/11/2022 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 272.09 20022 07/11/2022 Employee Benefits Fund Dental Insurance BENEFIT COORDINATORS CORPORATION (BC 1,342.93 Check Total: 6,401.48
---
20023 07/11/2022 General Fund Professional Services BEST BEST & KRIEGER 20,373.64 20023 07/11/2022 General Fund Professional Services BEST BEST & KRIEGER 1,572.00 20023 07/11/2022 Water Enterprise Fund Professional Services BEST BEST & KRIEGER 47.50 20023 07/11/2022 Sewer Enterprise Fund Professional Services BEST BEST & KRIEGER 47.50 20023 07/11/2022 Sanitation Enterprise Professional Services BEST BEST & KRIEGER 47.50 20023 07/11/2022 Risk Management Fund Professional Services BEST BEST & KRIEGER 2,956.50 Check Total: 25,044.64
20024 07/11/2022 General Fund Men's Spring Softball BIG CREEK LUMBER COMPANY 609.71 20024 07/11/2022 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 68.11 20024 07/11/2022 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 23.36 20024 07/11/2022 General Fund Special Departmental Expense BIG CREEK LUMBER COMPANY 96.80 20024 07/11/2022 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 7.75 20024 07/11/2022 Gas Tax/Street Improvement Special Departmental Expense BIG CREEK LUMBER COMPANY 17.43 Check Total: 823.16
20025 07/11/2022 Risk Management Fund Professional Services RICHARD BLAK, PHO 900.00 Check Total: 900.00 -
20026 07/11/2022 Gas Tax/Street Improvement Uniform & Clothing Expense BOOTBARN 167.78 AP-Checks for Approval (7/7/2022 - 10:26 AM) Page 3

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 20034 07/11/2022 General Fund Maint. Buildings & Grounds EWING IRRIGATION PRODUCTS INC. 509.76 20034 07/11/2022 Water Enterprise Fund Special Departmental Expense EWING IRRIGATION PRODUCTS INC. 91.70 Check Total: 601.46
20035 07/11/2022 General Fund Office Supplies FEDERAL EXPRESS 49.24 20035 07/11/2022 General Fund Office Supplies FEDERAL EXPRESS 30.43 Check Total: 79.67
20036 07/11/2022 General Fund Training MIKE FRIEDBERG 266.29 Check Total: 266.29 ,-
20037 07/11/2022 Sewer Enterprise Fund Special Departmental Expense RAUL GONZALES 7,800.00 Check Total: 7,800.00 r-20038 07/11/2022 Water Enterprise Fund Special Departmental Expense GRAINGER, INC. 256.37 20038 07/11/2022 Water Enterprise Fund Special Departmental Expense GRAINGER, INC. 122.34 20038 07/11/2022 ARPA-American Rescue Plan Act City Bldg - Civic Center #1 GRAINGER, INC. -421.98 20038 07/11/2022 Water Enterprise Fund Special Departmental Expense GRAINGER, INC. 108.68 Check Total: 65.41 -
20039 07/11/2022 General Fund Community Center Deposits ANN HILL 420.00 Check Total: 420.00
20040 07/11/2022 Information Technology Fund Special Departmental Expense HOFFMAN ELECTRONIC SYSTEMS 1,495.00 20040 07/11/2022 Information Technology Fund Special Departmental Expense HOFFMAN ELECTRONIC SYSTEMS 76.59 20040 07/11/2022 Information Technology Fund Special Departmental Expense HOFFMAN ELECTRONIC SYSTEMS 960.00 Check Total: 2,531.59
20041 07/11/2022 General Fund Maint. Buildings & Grounds HORIZON 501.70 20041 07/11/2022 Water Enterprise Fund Special Departmental Expense HORIZON 61.14 20041 07/11/2022 Water Enterprise Fund Special Departmental Expense HORIZON 45.63 20041 07/11/2022 General Fund Maint. Buildings & Grounds HORIZON 139.83 20041 07/11/2022 General Fund Maint. Buildings & Grounds HORIZON 103.63 Check Total: 851.93
20042 07/11/2022 General Fund Professional Services INDEPENDENT INVESTIGATIONS LLC 545.00 20042 07/11/2022 General Fund Professional Services INDEPENDENT INVESTIGATIONS LLC 1,369.08 Check Total: 1,914.08
_,,
20043 07/11/2022 Internal Service Fund Professional Services INTERSTATE TRUCK CENTER 1,749.00 20043 07/11/2022 Internal Service Fund Operations & Maintenance INTERSTATE TRUCK CENTER 1,997.00 AP-Checks for Approval (7/7/2022 - 10:26 AM) Page 5

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 20053 07/11/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 169.65 20053 07/11/2022 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS 29.54 20053 07/11/2022 Gas Tax/Street Improvement Special Departmental Expense O'REILLY AUTO PARTS -6.27 20053 07/11/2022 Water Enterprise Fund Special Departmental Expense O'REILLY AUTO PARTS 27.04 20053 07/11/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 27.03 20053 07/11/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 53.55 20053 07/11/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 130.68 20053 07/11/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 5.89 20053 07/11/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS -43.30 20053 07/11/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 61.96 20053 07/11/2022 Water Enterprise Fund Special Departmental Expense O'REILLY AUTO PARTS 52.46 20053 07/11/2022 Sewer Enterprise Fund Special Departmental Expense O'REILLY AUTO PARTS 9.73 20053 07/11/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 9.49 20053 07/11/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 16.03 20053 07/11/2022 Internal Service Fund Operations & Maintenance O'REILLY AUTO PARTS 75.33 Check Total: 1,496.79
.,..
20054 07/11/2022 General Fund Utilities PACIFIC GAS & ELECTRIC 72.97 20054 07/11/2022 General Fund Utilities PACIFIC GAS & ELECTRIC 465.77 20054 07/11/2022 Gas Tax/Street Improvement Utilities PACIFIC GAS & ELECTRIC 127.32 20054 07/11/2022 Water Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 26,330.61 20054 07/11/2022 Sewer Enterprise Fund Utilities PACIFIC GAS & ELECTRIC 15.78 Check Total: 27,012.45 ✓
20055 07/11/2022 General Fund Special Departmental Expense PRESTON'S LOCK & KEY 7.31 20055 07/11/2022 Internal Service Fund Special Departmental Expense PRESTON'S LOCK & KEY 12.18 20055 07/11/2022 Gas Tax/Street Improvement Special Departmental Expense PRESTON'S LOCK & KEY 111.30 20055 07/11/2022 Internal Service Fund Special Departmental Expense PRESTON'S LOCK & KEY 13.53 Check Total: 144.32 /
20056 07/11/2022 Water Fund Capital Replacement Well #20A Rehab PROVOST & PRITCHARD CONSULTING GROU 39.00 Check Total: 39.00 /
20057 07/11/2022 Sewer Enterprise Fund Professional Services ROBERTSON-BRYAN, INC 1,019.00 ./
Check Total: 1,019.00
20058 07/11/2022 Gas Tax/Street Improvement Special Departmental Expense SAFETY NETWORK HOLDING, INC. 521.75 Check Total: 521.75 ..,.
20059 07/11/2022 Water Enterprise Fund Accounts Payable CARLA SALDANA 104.33 20059 07/11/2022 Sewer Enterprise Fund Accounts Payable CARLA SALDANA 30.87 20059 07/11/2022 Sanitation Enterprise Accounts Payable CARLASALDANA 2.92 AP-Checks for Approval (7/7/2022 - 10:26 AM) Page 7

Check Number Check Date Fund Name Account Name Vendor Name Void Amount 20071 07/11/2022 Water Enterprise Fund Special Departmental Expense SUPERJOR POOL PRODUCTS LLC 968.35 Check Total: 1,941.19 .---
20072 07/11/2022 Internal Service Fund Improvements Other Than Bldg TALKINGTON INC. 2,380.00 ---
Check Total: 2,380.00
20073 07/11/2022 ARPA-American Rescue Plan Act City Bldg - Civic Center #2 THE SIGN GUYS 3,377.72 Check Total: 3,377.72 .-
20074 07/11/2022 ARPA-American Rescue Plan Act Recreation & Community Events THE STAGE DEPOT 11,951.87 ---
Check Total: 11,951.87
20075 07/11/2022 ARPA-American Rescue Plan Act City Council Chambers Improvmt TRICOUNTY FLOORING 10,084.29 ---
Check Total: 10,084.29
20076 07/11/2022 General Fund Machinery & Equipment TRULEO, INC. 28,500.00 ---
Check Total: 28,500.00 -
20077 07/11/2022 Employee Benefits Fund Health Reimbursements UNUM LIFE INSURANCE 161.08 20077 07/11/2022 Employee Benefits Fund Health Reimbursements UNUM LIFE INSURANCE 965.97 Check Total: 1,127.05 /
20078 07/11/2022 Internal Service Fund Operations & Maintenance VAN DE POL 16,220.97 Check Total: 16,220.97
20079 07/11/2022 General Fund Castle Park Deposits CATRINA VARGAS 200.00 -- Check Total: 200.00
20080 07/11/2022 General Fund Communications VERJZON WIRELESS 560.16 .,/
Check Total: 560.16
20081 07/11/2022 Employee Benefits Fund Vision Insurance VISION SERVICE PLAN (CA) 1,019.64 Check Total: 1,019.64
20082 07/11/2022 General Fund Professional Services VVH CONSULTING SERVICES 2,500.50 20082 07/11/2022 Measure V 20% AlternativeModes Phase I Ped Imp Proj Downtown WH CONSULTING SERVICES 180.00 20082 07/11/2022 Measure V 20% AlternativeModes Phase 2 Ped Imp Proj Downtown WH CONSULTING SERVICES 360.00 20082 07/11/2022 Measure V Regional Fund Bellevue Road Realignment VVH CONSULTING SERVICES 450.00 20082 07/11/2022 ARPA-American Rescue Plan Act City Bldg - Civic Center #I VVH CONSULTING SERVICES 360.00 20082 07/11/2022 SB I-Road Maint & Rehab RMRA Fruitland Ave Rd Improvements WH CONSULTING SERVICES 832.50 20082 07/11/2022 SB I-Road Maint & Rehab RMRA Fruitland Ave Rd Improvements VVH CONSULTING SERVICES 2,385.00 AP-Checks for Approval (7/7/2022 - 10:26 AM) Page 9

CITY COUNCIL,

FIRE PROTECTION DISTRICT,
AND

SUCCESSOR AGENCY TO THE ATWATER

REDEVELOPMENT AGENCY

ACTION MINUTES
June 27, 2022
REGULAR SESSION: (Council Chambers)
The City Council of the City of Atwater, the Board of Directors of the Fire Protection District, and the Governing Board of the Successor Agency to the Atwater Redevelopment Agency 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/Board President/Board Chair Creighton presiding.

PLEDGE OF ALLEGIANCE TO THE FLAG:

The Pledge of Allegiance was led by Public Works Superintendent Vinson.

INVOCATION:

The Invocation was led by Pastor Phil Jenkins.

ROLL CALL:

Present: City Council Members/Board Members Ambriz, Button, Raymond, Mayor Pro Tem/Board Vice President/Board Vice
Chair Cale, Mayor/Board President/Board Chair Creighton

Absent: None

CITY OF ATWATER
Minutes

City Council, Fire Protection District, and Successor Agency to the ARA Meeting Action Minutes for June 27, 2022 Page 2 Staff Present: City Manager/Executive Director Waterman, City Attorney Splendorio, Deputy City Manager Del Real, Police Chief
Salvador, Public Works/Community Development Director
Thompson, Finance Director/Treasurer Youmara, Deputy City Clerk/Board Clerk/Board Secretary Martin
SUBSEQUENT NEED ITEMS: None
APPROVAL OF AGENDA AS POSTED OR AS AMENDED:

MOTION: Mayor Pro Tem/Board Vice President/Board Vice Chair Cale moved to approve the agenda as posted. The motion was seconded by City Council Member/Board Member Ambriz and the vote was: Ayes: Ambriz, Raymond, Button, Cale, Creighton; Noes: None; Absent: None. The motion passed.

PRESENTATIONS:

Monthly report by Merced County District 3 Supervisor McDaniel Merced County District 3 Supervisor McDaniel reported the following:
 The proposed budget of Merced County has been passed, and there are increases from last year’s budget.

CONSENT CALENDAR:

MOTION: City Council Member/Board Member Raymond moved to approve the Consent Calendar as listed. The motion was seconded by City Council Member/Board Member Ambriz and the vote was: Ayes: Raymond, Cale, Button, Ambriz, Creighton; Noes: None; Absent None. The motion passed.

WARRANTS:

1. June 27, 2022
ACTION: Approval of warrants as listed.

TREASURER’S REPORT:

2. May 31, 2022
ACTION: Approval of report as listed.

MINUTES: (City Council)

3. June 13, 2022 – Regular meeting
ACTION: Approval of minutes as listed.

City Council, Fire Protection District, and Successor Agency to the ARA Meeting Action Minutes for June 27, 2022 Page 3 MINUTES: (Planning Commission)

4. April 20, 2022 – Regular meeting
ACTION: Acceptance of minutes as listed.

MINUTES: (Citizens’ Oversight Committee)

5. March 8, 2022 – Regular meeting
ACTION: Acceptance of minutes as listed.

RESOLUTIONS:

6. Approving the Statement of Investment Policy for Fiscal Year 2022-23 and delegating authority to the City Treasurer to invest funds accordingly (Finance Director Youmara)
ACTION: Adoption of Resolution No. 3320-22 approving the Statement of Investment Policy for Fiscal Year 2022-23 and delegating authority to the City Treasurer to invest funds in accordance with the Statement of Investment Policy.

7. Approving and Ratifying Side Letter of Agreement with Atwater Police Officers Association regarding Terms and Conditions of Employment (City Manager Waterman and Deputy City Manager Del Real)
ACTION: Adoption of Resolution No. 3324-22 approving and ratifying Side Letter of Agreement, in a form approved by the City Attorney, between the City of Atwater and Atwater Police Officers’ Association (“APOA”) pertaining to certain terms and conditions of employment; and authorizes and directs the City Manager to execute the Agreement on behalf of the City.

8. Calling, giving notice of, and consolidating the 2022 General Municipal Election (City Clerk Armstrong)
ACTION: Adoption of Resolution No. 3323-22 calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 8, 2022 for the election of the Mayor (at large) and two (2) members of the City Council within the boundaries of District Three (3) and District Four (4), as required by the provisions of the laws of the State of California relating to General Law Cities; and requests the Board of Supervisors of the County of Merced consolidate the General Municipal Election to be held on November 8, 2022 with the Gubernatorial General Election to be held on the date pursuant to Section 10403 of the Election Code.

City Council, Fire Protection District, and Successor Agency to the ARA Meeting Action Minutes for June 27, 2022 Page 4 AGREEMENTS:

9. Approving Second Amendment to General Services Agreement with Jani Tek Cleaning Solutions for the cleaning and disinfecting of City-Owned Buildings (Public Works/Community Development Director Thompson)
ACTION: Approval of the Second Amendment to the General Services Agreement, in a form approved by the City Attorney, with Jani Tek Cleaning Solutions of Stockton, California, in a form approved by the City Attorney, for the cleaning and disinfecting of City Owned Buildings, in an amount not to exceed $111,678, plus up to an additional $25,000 for any additional City facilities; and authorizes and directs the City Manager, or her designee, to execute the Amendment on behalf of the City.

10. Approving Second Amendment to Community Development Director Employment Agreement (Deputy City Manager Del Real)
ACTION: Approval of the Second Amendment to the Community Development Director Employment Agreement between Greg Thompson and the City of Atwater; and authorizes and directs the City Manager to execute the Amendment on behalf of the City.

PUBLIC HEARINGS:

Adopting a resolution Setting Miscellaneous Fees and Re-Adopting Miscellaneous Fee Schedule (Finance Director Youmara)
Finance Director Youmara provided background information on this item.

Mayor Creighton opened the public hearing for this item.

No one came forward to speak, and Mayor Creighton closed the public hearing.

MOTION: Mayor Pro Tem Cale moved to adopt Resolution No. 3321-22 Setting the City of Atwater’s Miscellaneous Fees and Re-Adopting the Miscellaneous Fee Schedule for Fiscal Year 2022-23. The motion was seconded by City Council Member Ambriz and the vote was: Ayes: Button, Ambriz, Cale, Raymond, Creighton; Noes: None; Absent: None. The motion passed.

City Council, Fire Protection District, and Successor Agency to the ARA Meeting Action Minutes for June 27, 2022 Page 5 Resolutions adopting Fiscal Year 2022-23 Budget including Five-Year Capital Improvement Plan and approving Fund Expenditures and Fund Transfers; establishing appropriations limitions; and amending Classification Plan and adopting Salary Schedule A-23, effective June 23, 2022 (City Manager/Executive Director Waterman, Deputy City Manager Del Real, and Finance Director/Treasurer Youmara) City Manager/Executive Director Waterman provided background information on this item.

Finance Director/Treasurer Youmara presented a PowerPoint presentation discussing the Fiscal Year 2022-23 proposed budget.

Mayor/Board President/Board Chair Creighton opened the public hearing for this item.

One person spoke regarding the funding and staffing levels of public safety, the general fund, and the Public Safety Transactions and Use Tax.

One person spoke regarding the funding and staffing levels of public safety, the Public Safety Transactions and Use Tax, and asked the City Council to consider placing a public safety transactions and use tax measure on an agenda or holding a special meeting to discuss the measure.

No one else came forward to speak, and Mayor/Board President/Board Chair Creighton closed the public hearing.

The City Council, Fire Protection District, and Successor Agency to the Atwater Redevelopment Agency thanked staff for their hard work on completing the Fiscal Year 2022-23 proposed budget and spoke regarding the positive trend of the budget.

City Council Member/Board Member Raymond asked for clarification regarding the potential increase of the overtime budget for the Police Department due to the increase in crimes.

Police Chief Salvador and City Manager Waterman addressed the concerns of the City Council regarding the potential increase of the overtime budget for the Police Department due the increase in crimes.

MOTION: City Council Member/Board Member Raymond moved to adopt Joint Authority Resolution No. 3317-22, Resolution No. AFPD 1-2022, and Resolution No. SA 2022-1 adopting the Fiscal Year 2022-23 budget, approving Fund Expenditures and Fund Transfers, and Five-Year Capital Improvement Program with any modifications from the budget review and public hearing; to adopt Resolution No. 3318-22 establishing the Fiscal Year 2022-23 Appropriations Limitation; to adopt Resolution No. 3319-22 amending the City of Atwater Classification Plan and adopting Salary Schedule A-23, effective June 23, 2022.

City Council, Fire Protection District, and Successor Agency to the ARA Meeting Action Minutes for June 27, 2022 Page 6 The motion was seconded by Mayor Pro Tem/Board Vice President/Board Vice Chair Cale and the vote was: Ayes: Ambriz, Button, Raymond, Cale, Creighton; Noes: None; Absent: None. The motion passed.

REPORTS AND PRESENTATIONS FROM STAFF:

Employment Agreement for Public Works Director (City Manager Waterman and Deputy City Manager Del Real)
City Manager Waterman provided background information on this item.

Three people spoke regarding their appreciation for Justin Vinson and his contributions to the Public Works Department and community.

The City Council congratulated Justin Vinson and spoke regarding their appreciation for his contributions to the City.

MOTION: Mayor Creighton moved to ratify Public Works Director Employment Agreement, in a form approved by the City Attorney, with Justin Vinson; and to authorize and direct the City Manager to execute the Agreement on behalf of the City. The motion was seconded by Mayor Pro Tem Cale and the vote was: Ayes:

Raymond, Ambriz, Button, Cale, Creighton; Noes: None; Absent: None. The motion passed.

Mayor Creighton called a recess at 6:58 PM.

The City Council returned to the dais and Mayor Creighton resumed the meeting at 7:08 PM.

CITY MANAGER REPORTS/UPDATES:

City Manager Waterman commended the City Council and the City’s management team for adopting a balanced, sustainable work plan for Fiscal Year 2022-23.

COMMENTS FROM THE PUBLIC:

Notice to the public was read.

One person spoke regarding their appreciation for the City Council and City staff, transparency, and California Assembly Bill 2223.

No one else came forward to speak.

City Council, Fire Protection District, and Successor Agency to the ARA Meeting Action Minutes for June 27, 2022 Page 7 CITY COUNCIL MATTERS:

City Council comments
City Council Member Raymond spoke regarding California Assembly Bill 2223 and thanked Finance Director Youmara and City staff for their work and contributions on the Fiscal Year 2022-23 budget.

City Council Member Button wished the community a safe Fourth of July holiday, spoke regarding the upcoming Fourth of July parade and activities, and thanked City staff for the presentation, work, and contributions on the Fiscal Year 2022-23 budget.

City Council Member Ambriz thanked City staff for their work and contributions on the Fiscal Year 2022-23 budget and congratulated Justin Vinson. He also reminded the community to stay safe during the upcoming Fourth of July holiday.

Mayor Pro Tem Cale thanked Finance Director Youmara and the Finance Department for their work and contributions on the Fiscal Year 2022-23 budget and congratulated Justin Vinson. He also reminded the community of the vendor fair in Downtown Atwater and Vintage Baseball Game between the Police Department, Fire Department, Sherrif’s Office, and California Highway Patrol on July 2, 2022. He also spoke regarding the upcoming Fourth of July parade and reminded the community to stay safe during the upcoming Fourth of July holiday, and recommended that the City Council review the code governing building heights.

Mayor Creighton spoke regarding his appreciation for the adopted Fiscal Year 2022-23 budget and for the community and their contributions during the COVID-19 pandemic. He also spoke regarding a public safety transactions and use tax measure and of the City Council’s, Police and Fire Department’s efforts and contributions to the community. He reminded the community of the vendor fair in Downtown Atwater from 5:00 PM – 9:00 PM on Broadway Avenue and of the 12:00 PM Vintage Baseball Game at Memorial Ballpark. He also reminded the community of the Miss Atwater Pageant for the City’s upcoming Centennial Celebration on August 13, 2022 at the Atwater Community Center and wished the community a Happy Fourth of July.

City Council, Fire Protection District, and Successor Agency to the ARA Meeting Action Minutes for June 27, 2022 Page 8 ADJOURNMENT:

Mayor Creighton adjourned the meeting at 7:20 PM.
________________________________

JANELL MARTIN

DEPUTY CITY CLERK
By: Leslie Thuang
Recording Secretary

SPECIAL MEETING

CITY COUNCIL

ACTION MINUTES
July 2, 2022
CALL TO ORDER:

The City Council of the City of Atwater met in Special Session this date at 10:20 PM in the City Council Chambers located at the Atwater Civic Center, 750 Bellevue Road, Atwater, California and on Zoom; Mayor Pro Tem Cale presiding.

PLEDGE OF ALLEGIANCE:

The Pledge of Allegiance was led by Jim Price.

ROLL CALL:

Present: City Council Members Ambriz, Raymond, Mayor Pro Tem Cale

Absent: City Council Member Button, Mayor Creighton
Staff Present: City Manager Waterman, City Attorney Splendorio (via teleconference), Deputy City Clerk Martin
PUBLIC COMMENT:

Notice to the public was read.

CITY OF ATWATER
Minutes

City Council Special Meeting Action Minutes for July 2, 2022 Page 2 RESOLUTIONS:

Making the Required Findings Authorizing Remote Teleconference/Virtual Meetings of the Legislative Bodies of the City of Atwater (City Attorney Splendorio) City Attorney Splendorio provided background information on this item.

One person spoke regarding the meeting date and time.

One person asked for clarification regarding the City Council Member vote via Zoom.

One person spoke regarding meeting participation via Zoom and in-person.

One person spoke regarding the meeting date and time and meeting participation.

One person spoke regarding consultant reports.

No one else came forward to speak.

MOTION: City Council Member Ambriz moved to adopt Resolution No. 3327-22 making the required findings authorizing remote teleconference/virtual meetings of the legislative bodies of the City of Atwater. The motion was seconded by City Council Member Raymond and the vote was: Ayes: Raymond, Ambriz, Cale; Noes:

None; Absent: Button, Creighton. The motion passed.

CITY MANAGER REPORTS/UPDATES:

Direction regarding placement of a Public Safety Tax Measure on the November 8, 2022 Gubernatorial General Election (City Manager Waterman)
City Manager Waterman provided background information on this item.

One person spoke regarding the necessity and importance of a public safety tax, an increase of the existing Public Safety Transactions and Use Tax to one-cent, the rise in crimes and fires, and the need for an additional fire station within the City.

One person spoke regarding prior staffing levels of the Police Department in comparison to current times, the role of the City Council, and the needs of the Police and Fire Department.

City Council Special Meeting Action Minutes for July 2, 2022 Page 3 One person spoke regarding the past renewal efforts of the Public Safety Transactions and Use Tax, usage of the tax funds for public safety, staffing levels and response times of public safety, the need to keep the Public Safety Transactions and Use Tax at one-half cent, development of the City, the role and responsibility of the Citizens’ Oversight Committee for Public Safety Transactions and Use Tax relating to public safety expenditures, the needs of public safety, and the role of elected officials.

One person spoke regarding the need to extend the current Public Safety Transactions and Use Tax.

One person spoke regarding the recently adopted Fiscal Year 2022-23 Budget and public participation.

One person spoke regarding raising taxes, inflation, public participation regarding a potential public safety tax measure, the meeting date, time and publication, and the response times of public safety.

No one else came forward to speak.

Mayor Pro Tem Cale spoke regarding the importance of the Public Safety Transactions and Use Tax and of the purpose of the special meeting.

City Council Member Raymond spoke regarding the current Public Safety Transactions and Use Tax and of the role and responsibilities of the Citizens’ Oversight Committee for Public Safety Transactions and Use Tax relating to public safety expenditures.

City Council Member Ambriz spoke regarding the City Council’s efforts regarding the Public Safety Transactions and Use Tax and the need for a public safety tax in the City.

City Attorney Splendorio provided clarification regarding the motion. The motion is giving staff direction to work on a public safety tax measure for the City Council’s consideration for placement on the ballot, which will be presented by staff at a publicly noticed meeting.

MOTION: City Council Member Ambriz moved to move forward with a placement of a Public Safety Tax Measure on the November 8, 2022 Gubernatorial General Election. The motion was seconded by City Council Member Raymond and the vote was: Ayes: Ambriz, Raymond, Cale; Noes: None; Absent: Button, Creighton. The motion passed.

City Council Special Meeting Action Minutes for July 2, 2022 Page 4 ADJOURNMENT:

The Special Meeting adjourned at 11:03 AM.
_________________________________

JANELL MARTIN,

DEPUTY CITY CLERK
By: Leslie Thuang
Recording Secretary

CITY COUNCIL

AGENDA REPORT

MEETING DATE: July 11, 2022
TO: Mayor and City Council
FROM: Lucy Armstrong, City Clerk
PREPARED BY: Leslie Thuang, Deputy City Clerk/Administrative Assistant II SUBJECT: Adopting Updated Conflict of Interest Code (City Clerk Armstrong)

RECOMMENDED COUNCIL ACTION
Adoption of Resolution No. 3329-22 amending the City of Atwater’s Conflict of Interest Code.

I. BACKGROUND/ANALYSIS:

The Political Reform Act, Government Code Section 87300 et seq., requires every local government to adopt a Conflict of Interest Code for designated individuals. Further, it requires the agency to conduct a review each even-numbered year of its Conflict of Interest Code to determine whether amendments to the Code are necessary due to changed circumstances. Amendments may be necessary to reflect new or different employee positions within the City, to delete positions that have changed or no longer exist, and also to ensure that the Code complies with any changes to state law that have occurred within the past two years.

As part of this biennial review, staff determined that the City’s Conflict of Interest Code needs to be updated to accurately reflect the City’s current positions and to re-assign designated employees to their proper disclosure categories. Resolution No. 3329-22 repeals and supersedes all previously adopted and amended resolutions regarding the City of Atwater’s Conflict of Interest Code.

Amendments to the City’s Conflict of Interest Code must be adopted by October 3, 2022. Upon adoption, the City’s Conflict of Interest Code will be current, and the City will have met its obligation to conduct its even-numbered year review of the Code pursuant to the requirements of the Political Reform Act.

II. FISCAL IMPACTS:

There is no fiscal impact associated with amending the City’s Conflict of Interest Code.

This item has been reviewed by the Finance Department.

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

Agenda Report - Page 2

III. LEGAL REVIEW:

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

IV. EXISTING POLICY:

N/A
V. ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

N/A
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 under provisions of Section 21065 of the Public Resources Code therefore not subject to analysis pursuant to the California Environmental Quality Act (CEQA) as this action will not directly or indirectly significantly affect the physical environment.

IX. STEPS FOLLOWING APPROVAL:

Upon City Council adoption of Resolution No. 3329-22, staff will complete and file the Fair Political Practices Commission’s 2022 Local Agency Biennial Notice with the City Clerk’s office.

Submitted by:

Lucy Armstrong, City Clerk
Approved by:

Agenda Report - Page 3

Lori Waterman, City Manager
Attachments:

1. Resolution No. 3329-22 Adopts City of Atwater Conflict of Interest Code

2. Appendix A - Definitions

3. Appendix B - Designated Individuals

4. Appendix C - Disclosure Categories

5. 2022 Local Agency Biennial Notice

CITY COUNCIL
OF THE

CITY OF ATWATER
RESOLUTION NO. 3329-22

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ATWATER ADOPTING THE CITY OF

ATWATER CONFLICT OF INTEREST CODE
WHEREAS, the Political Reform Act, Government Code Section 87300 et seq. (the “Act”), requires state and local government agencies to adopt a Conflict of Interest Code; and WHEREAS, the Act requires each local agency to conduct a review of its Conflict of Interest Code each even-numbered year; and
WHEREAS, the Fair Political Practices Commission has promulgated a standard Conflict of Interest Code adopted in California Code of Regulations Title 2, Section 18730 (“Section 18730”), the terms of which are incorporated herein by reference, and which may be amended by the Fair Political Practices Commission after public notice and hearings to conform to amendments to the Political Reform Act; and WHEREAS, the City of Atwater, hereinafter the “City,” amends its Conflict of Interest Code to conform to the requirements set forth in Section 18730, and in addition, adds definitions in Appendix “A”, attached hereto, and amends the list of designated City employees in Appendix “B”, attached hereto, that shall be required to disclose financial interests pursuant to the disclosure category specified in Appendix “C”, attached hereto; and
WHEREAS, all of the City’s previous Conflict of Interest Code shall be repealed and superseded upon the adoption of this resolution and amended Conflict of Interest Code attached hereto.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atwater does hereby approve and authorize as follows:

Section 1: The City’s previous Conflict of Interest Code is hereby repealed and superseded by this Resolution No. 3329-22.

Section 2: The provisions of Section 18730, and any amendments to it duly adopted by the Fair Political Practices Commission are incorporated herein by reference and, along with the attached Appendices “A”, “B”, and “C”, in which City employees are designated and the disclosure category is set forth, collectively constitute the Conflict of Interest Code of the City of Atwater.

Resolution No. 3329-22 Page 2
Section 3: Pursuant to Section 18730(b)(4), designated employees of the City shall file statements of economic interests with the City Clerk. Any designated employee already required to submit a disclosure statement (Form 700) pursuant to Government Code sections 87200 and 87203 may submit a copy of that statement in lieu of any filing required by this Code, provided that no additional disclosure would be required by this Code.

Section 4: Individuals holding the designated positions outlined in Appendix “B” shall file their statements with the City Clerk, who shall be and shall perform the duties of the filing officer for the City of Atwater. Statements will be available for inspection and reproduction pursuant to Government Code Section 81008.

Section 5: Any change provided for in this Conflict of Interest Code shall not affect or excuse any offense or act committed or done, or omission, or any penalty or forfeiture incurred or accruing under any other Conflict of Interest Code; nor shall it affect any prosecution, suit, or proceeding pending or any judgement rendered in connection with any other Conflict of Interest Code.

The foregoing resolution is hereby adopted this 11th day of July 2022.

AYES:

NOES:

ABSENT:

APPROVED:

________________________________

PAUL CREIGHTON, MAYOR
ATTEST:
_________________________________

LUCY ARMSTRONG, CITY CLERK

DEFINITIONS:

CITY OF ATWATER

CONFLICT OF INTEREST CODE
APPENDIX “A"

1. “Public Official” means a member, officer, employee, or consultant of a state or local government agency. The term “public official” also includes individuals who perform the same or substantially the same duties as an individual holding an office or a position listed in Government Code Section 87200, including “other public officials who manage public investments” as that term is defined in 2 California Code of Regulations Section 18720.

2. “Member” shall include, but not be limited to, salaried or unsalaried members of boards or commissions with decision-making authority. A board or commission possess decision-making authority whenever:
a. It may make a final governmental decision;
b. It may compel a governmental decision, or it may prevent a governmental decision either by reason of an exclusive power to initiate the decision or by reason of a veto which may not be overridden; or,
c. It makes substantive recommendations, which are, and over an extended period of time have been, regularly approved without significant amendment or modification by another public official or governmental agency.

3. “Designated Employee” is an officer, employee, member, or consultant of an agency whose position is designated in the code because the position entails the making or participation in the making of governmental decisions which may foreseeably have a material effect on any financial interest. (Government Code Section 82019)
a. Making a governmental decision means the person:
i. Votes on a matter;
ii. Appoints a person;
iii. Obligates or commits his or her agency to any course of action; or iv. Enters into any contractual agreement on behalf of his or her agency. b. Participating in the making of a decision, means the person:
i. Negotiates, without significant substantive review, with a governmental entity or private person regarding the decision; or,

ii. Advises or makes recommendations to the decision-maker by conducting research or an investigation, preparing or presenting a report, analysis or opinion which requires the exercise of judgement on the part of the employee and the employee is attempting to influence the decision.
c. The term “designated employee” does not include:
i. Public officials specified in Government Code Section 87200:

1. Planning Commissioners

2. City Council Members

3. Mayors

4. City Managers

5. City Attorneys

6. City Treasurers

7. Other city, county, and local agency public officials who manage public investments
ii. Solely clerical, ministerial or manual positions
iii. Unsalaried members of boards or commissions, which are solely advisory

4. “Consultant” means an individual whom, pursuant to a contract with the City of Atwater:
a. Makes a governmental decision whether to:
i. Approve a rate, rule, or regulation;
ii. Adopt or enforce a law;
iii. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order or similar authorization or entitlement; iv. Authorize the agency to enter into, modify, or renew a contract provided it is the type of contract, which requires agency approval; v. Grant agency approval to a contract which requires agency approval and in which the agency is a party or to the specifications for such a contract;
vi. Grant agency approval to a plan, design, report, study, or similar item;
vii. Adopt, or grant agency approval of, policies, standards, or guidelines for the agency or for any subdivision thereof; or,

b. Serves in a staff capacity with the agency and in that capacity performs the same or substantially all the same duties for the agency that would otherwise be performed by an individual holding a position specified in the agency’s Conflict of Interest Code.
c. Consultants/New Positions
i. *Consultants/New Positions for the purpose of this Conflict of Interest Code are defined as individuals that provide, under contract, information or advice to the City that may entails participation in the making of decisions, recommendations, or counsel to the City, and which may have a foreseeable material effect on any financial interest of the consultant.
ii. Consultants, as defined above, and New Positions are included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code, subject to the following limitation:

1. The City manager may determine in writing that a particular consultant or new position, although a “designated position,” is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this code. Such written
determination shall include a description of the consultant’s duties and based upon that determination shall include a description of the consultant’s or new position’s duties and, based upon that description, a statement of the extent of the disclosure requirements. The City manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. (Gov. Code Section 81008.)

CITY OF ATWATER

CONFLICT OF INTEREST CODE
APPENDIX “B”
The following is a listing of those designated individuals who are required to submit Statements of Economic Interests pursuant to the Political Reform Act of 1974, as amended:

Public Officials Disclosure Category
City Council Boards
City Council (Mayor and Council Members) Government Code § 87203 • Successor Agency to the Redevelopment Agency
• Public Financing Authority
• Public Improvement Corporation
• Housing Authority
• Fire Protection District
City Manager Government Code § 87203
City Attorney Government Code § 87203
City Treasurer Government Code § 87203
Planning Commissioners Government Code § 87203
Citizen Commissions, Committees, and Boards: Government Code § 87203 Audit & Finance Committee Government Code § 87203
General Plan Technical Advisory Committee Government Code § 87203 Planning Commission Government Code § 87203

The following is a list of those designated employees who are required to disclose their economic interest(s) pursuant to the corresponding category as indicated in the Disclosure Category Column:

Department Position Disclosure Category
City Administration/City
Clerk
Finance
Human Resources
Police
Executive to the
City Manager 1
Information Technology
Manager 6
Information Technology
Coordinator 6
Project Manager 6
Deputy City Clerk 1
Finance Director 1
Finance Operations
Manager 6
Deputy City Manager 1
Human Resources
Director 1
Human Resources
Analyst 2
Police Chief 1
Police Lieutenant 3
Police Sergeant 3
Public Safety Dispatcher
Supervisor 3
Code Enforcement
Manager 3
Police Administrative
Supervisor 3

Fire
Community
Development
Water System
Sewer System
CAL FIRE Chief 1
CAL FIRE Battalion
Chief 1
Public
Works/Community
Development Director 1
Deputy Director of Public
Works/Community
Development 1
Community
Development Director 1
Chief Building Official/
Fire Code Official 5
Engineering Division
Manager 5
Project Engineer 5
Senior Planner 5
Public Works Director 1
Water Division
Supervisor 7
Public Works Regulatory
Compliance Supervisor 1
Public Works
Superintendent 7
Sewer Division
Supervisor 7
Department Position Disclosure Category

Department Position Disclosure Category
Recreation/Community
Events
Streets and Parks
Maintenance
Consultants
Positions
Community Services
Director 1
Recreation Supervisor 7
Streets and Parks
Division Supervisor 7
Consultants 9
Administrative Analyst 1
Grants Manager 1
Operations Analyst 1

CITY OF ATWATER

CONFLICT OF INTEREST CODE
APPENDIX “C”
Disclosure Category
Individuals holding designated positions must report their interest according to the following disclosure category.

Category 1 – Full Disclosure:

Designated employees in this group shall report all business positions, all investments, interests in real property, income, loans, or gifts from individuals or businesses from all sources located in or doing business within the jurisdiction. (Real property shall be deemed to be “within the jurisdiction” if the property or any part of it is located within or not more than two miles outside the boundaries of the City or within two miles of any land owned or used by the City.)
Category 2 – Human Resources:

Designated employees in this group shall report investments and business positions in business entities, and income, including loans, gifts, and travel payments, from sources which are involved in healthcare or vocational rehabilitation of the type used by the designated employees department or division.

Category 3 – Police:

Designated employees in this group shall report investments and business positions in business entities, and income, including loans, gifts, and travel payments, from sources which sell, manufacture, or distribute equipment and supplies for office, personnel or vehicles of the type used by the designated employees department or division.

Category 4 – Fire:

Designated employees in this group shall report investments and business positions in business entities, and income, including loans, gifts, and travel payments, from sources which manufacture or sell fire-related equipment or parts of the type used by the designated employees department or division.

Category 5 – Community & Economic Development:

Designated employees in this group shall report interest in real property, investments and business positions in business entities and income, including loans, gifts, and travel payments, from sources which engage in land development, construction, appraisal, or the acquisition or sale of real property. (Real property shall be deemed to be “within the jurisdiction” if the property or any part of it is located within or not more than two miles outside the boundaries of the city or within two miles of any land owned or used by the City.)

Category 6 – Information Technology & Finance:

Designated employees in this group shall report investments and business positions in business entities and income, including loans, gifts, and travel payments, from sources which manufacture, sell or design data processing equipment or related services of the type used by the designated employees department or division.

Category 7 – Parks Operations & Recreation:

Designated employees in this group shall report investments and business positions in business entities, and income, including loans, gifts, and travel payments, from sources within the jurisdiction which manufacture, sell or supply equipment, including but not limited to horticulture, construction, craft, office and safety supplies and/or equipment of the type used by the designated employees department or division.

Category 8 – Regulatory:

Designated employees in this group shall report investments, and business positions in business entities, and income, including loans, gifts, and travel payments, from sources which are subject to the City’s regulatory, permit, or licensing authority.

Category 9 – Consultants:

The City Clerk, or his/her designee, after consultation with the City Attorney, shall designate the disclosure category for each consultant subject to this Code, if applicable.

www.fppc.ca.gov
FPPC Advice: [email protected] (866.275.3772)

2022 Local Agency Biennial Notice
Name of Agency:

Mailing Address:

Contact Person: Phone No.

Email: Alternate Email:

Accurate disclosure is essential to monitor whether officials have conflicts of interest and to help ensure public trust in government. The biennial review examines current programs to ensure that the agency’s code includes disclosure by those agency officials who make or participate in making governmental decisions.

This agency has reviewed its conflict of interest code and has determined that (check one BOX):
q An amendment is required. The following amendments are necessary:
(Check all that apply.)
¡ Include new positions
¡ Revise disclosure categories
¡ Revise the titles of existing positions
¡ Delete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions
¡ Other (describe)
q The code is currently under review by the code reviewing body. q No amendment is required. (If your code is over five years old, amendments may be necessary.)
Verification (to be completed if no amendment is required) This agency’s code accurately designates all positions that make or participate in the making of governmental decisions. The disclosure assigned to those positions accurately requires that all investments, business positions, interests in real property, and sources of income that may foreseeably be affected materially by the decisions made by those holding designated positions are reported. The code includes all other provisions required by Government Code Section 87302.
__________________________________________ _________________________ Signature of Chief Executive Officer Date
All agencies must complete and return this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 3, 2022, or by the date specified by your agency, if earlier, to:
(PLACE RETURN ADDRESS OF CODE REVIEWING BODY HERE)
PLEASE DO NOT RETURN THIS FORM TO THE FPPC.

CITY COUNCIL

AGENDA REPORT

MEETING DATE: July 11, 2022
TO: Mayor and City Council
FROM: Michael Salvador, Police Chief
PREPARED BY: Michael Salvador, Police Chief
SUBJECT: Approving Budget Amendment Appropriating Funds for the Existing and Expanded Lease-Purchase of the Body Camera System and Approving Equipment/Software Lease-Purchase
Agreement with Axon Taser for the lease-purchase of an
expanded Body Camera System (Police Chief Salvador)

RECOMMENDED COUNCIL ACTION
Adoption of Resolution No. 3333-22 approving Budget Amendment No. 1 amending the Fiscal Year 2022-23 Budget regarding appropriating funds in the amount of $40,000 to the Fiscal Year 2022-23 General Fund Police Department Budget; approval of an addendum to the current Five-Year Lease-Purchase Agreement, in a form approved by the City Attorney, with Axon Taser of Arizona, in the amount not to exceed $54,319.09 over a 4-year period for the expansion of the Police Department's Current Body Camera System; and authorizes and directs the City Manager to execute the Agreement on behalf of the City.

I. BACKGROUND/ANALYSIS:

The Police Department currently equips its officers with the Taser Body Camera system via a five-year lease. The growth of the department and increases in department activity has exposed a need for the system to be expanded. The Department received a proposal from Taser to expand the system to accommodate the growth in the department and activity. This package supplies not only the camera equipment but the necessary storage and technology upgrades needed to keep the department current.

The Department has made appropriate plans by sourcing a lease option to fill its needs versus a large capital outlay. The department has also taken into consideration leasing enough equipment to accommodate department expansion. This critical equipment replacement fulfills a critical officer safety need.

Purchasing Policy
Generally, the Atwater Municipal Code (AMC) requires all purchases which exceed $25,000 in price to be competitively bid through the City’s centralized purchasing requirements. However, AMC section 3.04.110 expressly provides that the centralized

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

Agenda Report - Page 2

purchasing requirements may be dispensed with for (i) sole source purchases or (ii) when approved by City Council to take advantage of unique cost-saving opportunities.

As detailed below, both exceptions apply to this purchase, allowing the Council to waive the formal, centralized purchasing requirements.

Sole Source
AMC 3.04.110(C) lists sole source purchases as an exemption to the formal, centralized purchasing procedures. One of the qualifications for a sole source purchase is that the product “has been proven to be the only product that is acceptable.” Further, the City of Atwater Purchasing System Manual, Section 9, Procurement Methods, “Sole Source Purchases (page 17),” states that the City’s bidding procedures may be dispensed when it qualifies as a sole source due to the fact when any of the following apply:

1. The brand or trade name article, goods, or product or proprietary service is the only one which will properly meet the needs of the City; or

2. The item or service is unique and available only from a sole source; or

3. The item or service is designed to match others already in use or necessary to be compatible with others already in use.

The proposed package includes a complete body camera system. This system includes cameras, chargers, mounting equipment, cloud storage, management software, and “Evidence.com” software. The software to utilize Evidence.com will provide the City with the ability to integrate/interface directly with other Merced County law enforcement agencies, including the District Attorney’s Office, Merced Police Department, and Merced County Sheriff’s Office. The following benefits are achieved with Axon Taser:

Axon Taser is a fully integrated system (one database). Additionally, Sun Ridge Systems has a module to allow Axon’s Evidence.com to integrate and catalog videos to the case number it was drawn from.

Axon Taser provides an “evergreen” yearly support plan, which ensures the system always updates to its most recent version, without additional costs. This reduces the workload impact on the City of Atwater Information Technology and Police personnel as it offers not only a fully supported body camera software and hardware package, but also engineering team support from Axon Taser to assist with the updated system versions, equipment replacement, and upgrades.
 No other commercial body worn camera hardware and software package will provide the department with the represented features, interoperability potential, and cost savings potential.
 These features will ultimately allow for the Atwater Police Department to better serve our community. This item executes a goal of the 2019 Police Department Strategic Plan by deploying modern law enforcement tools to enhance service

Agenda Report - Page 3

delivery, transparency, and professionalism.

Unique Cost Savings Opportunity
In addition to this product being a sole source within the meaning AMC 3.04.110(C), centralized bidding procedures may also be waived here because it represents the only viable opportunity for the City to “take advantage of unique cost-saving opportunities.” The lease purchase of the Axon Taser Body Camera System is the best and only acceptable alternative that will yield the deployment of an integrated system in a cost-effective manner.

For all the reasons set forth above, including those applicable to the sole source justification, this is also a purchase that represents a unique cost-savings opportunity for the City. Therefore, staff is recommending approval to enter into a lease-purchase agreement with Axon Taser to acquire an enhanced body camera system.

II. FISCAL IMPACTS:

The total cost of the Body Camera expansion solution is approximately $54,319. An initial payment of $21,208 is due FY 2022-23. The initial payment will cover the increased cost of the lease and maintenance. The balance of the lease cost of $33,111 will be financed over three years with annual payments of $15,898.11.The Expansion Agreement is for the term of four years and the payment amounts will be incorporated into future budgets until paid in full. There are no interest payments. At the conclusion of the lease purchase period, ongoing maintenance of the system will need to be budgeted in future fiscal years.

The cost of the Body Camera expansion, in addition to covering the cost of the current lease, was originally requested by the Police Department to be budgeted in the FY 2022-23 Budget in the General Fund, Police Administration Department (Account No. 0001- 2020-3030) for a total of $40,000. This request was omitted from the final adopted budget, published by Finance, in error. Due to this omission, a budget amendment is required.

Approval of Budget Amendment No.1 to increase the General Fund, Police Administration, Professional Services expense account number 0001-2020-3030 by $40,000 will provide sufficient funding to cover the FY 2022-23 cost of the Body Camera System existing and expanded Lease-Purchase.

This item has been reviewed by the Finance Department.

III. LEGAL REVIEW:

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

IV. EXISTING POLICY:

This item is consistent with and is a step to complete the Police Department’s strategic plan presented on April 8th, 2019.

V. ALTERNATIVES:

Agenda Report - Page 4

Not Applicable
VI. INTERDEPARTMENTAL COORDINATION:

Not applicable
VII. PUBLIC PARTICIPATION:

Not Applicable
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:

Upon City Council approval, staff will coordinate the execution of the Agreement.

Submitted by:

Michael Salvador, Police Chief
Approved by:

Lori Waterman, City Manager
Attachments:

1. Resolution No. 3333-22 Approves Budget Amendment No. 1 RE Axon Taser Lease-Purchase Continuation & Expansion Body Camera System

2. Sole source Memo body camera copy

3. Atwater PD - Axon BWC Quote 2022

CITY COUNCIL
OF THE

CITY OF ATWATER
RESOLUTION NO. 3333-22

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ATWATER APPROVING BUDGET
AMENDMENT NO. 1 AMENDING 2022-2023

FISCAL YEAR BUDGET REGARDING AXON

TASER LEASE-PURCHASE CONTINUATION AND

EXPANSION OF BODY CAMERA SYSTEM
WHEREAS, the City Council of the City of Atwater adopted Resolution No. 3317-22 adopting the 2022-2023 Fiscal Year Budget on June 27, 2022; and WHEREAS, from time to time, and in order to operate effectively, it is necessary to amend said budget.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atwater does hereby approve Budget Amendment No. 1 to the 2022-2023 Fiscal Year Budget as follows:

SECTION 1: Increasing budget in General Fund, Police department for Fiscal Year 2022-2023
Increasing Budget
(Expense)
0001-2020-3030 Professional Services $40,000
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/Board Clerk’s office.

Resolution No. 3333-22 Page 2
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/Board Clerk’s office.

The foregoing resolution is hereby adopted this 11th day of July 2022.

AYES:

NOES:

ABSENT:

APPROVED:

________________________________

PAUL CREIGHTON, MAYOR
ATTEST:
_________________________________

LUCY ARMSTRONG, CITY CLERK

City of Atwater
Police Department
Michael Salvador, Chief of Police 750 Bellevue Road
Atwater, CA 95301
Phone: (209) 357-6384
Fax: (209) 358-5256
E-Mail: [email protected]
Date: July 11, 2022
To: Lori Waterman, City Manager
From: Michael Salvador, Chief of Police
Subject: Sole Source Purchase request
In accordance with the City of Atwater Purchasing System Manual, Section 9, Procurement Methods, “Sole Source Purchases,” under certain circumstances, the City’s bidding requirements may be dispensed with when the services or goods are only available from one source because of:

1. The brand of trade name article, goods, or products or proprietary service is the only one which will properly meet the needs of the City; or

2. The item or service is unique and available only from a sole source; or

3. The item or service is designed to match others already in use or necessary to be compatible with others already in use.

The purchasing of an expanded Taser body camera system is necessary to allow for all required members of the department to have a body camera. This system will have enough storage to provide evidence storage for the larger department and the increased calls for service the department is experiencing.

The requested purchase meets the requirements as outlined in items 1 and 3 under “Sole Source Purchases” therefore I am requesting the lease purchase be declared a sole source purchase.

Respectfully submitted.

Q-355200-44740.754TR
Issued: 06/28/2022
Quote Expiration: 07/31/2022
Estimated Contract Start Date: 08/01/2022
Account Number: 113455
Payment Terms: N30
Delivery Method: Fedex - Ground

SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
Business;Delivery;Invoice-750 Bellevue Rd Atwater Police Dept. - CA Thom Ruseva-Mahan Dayton (Todd) Snyder 750 Bellevue Rd 750 Bellevue Rd Phone: +1 4804148450 Phone: 2095647462 Atwater, CA 95301-2859 Atwater, CA 95301-2859 Email: [email protected] Email: [email protected] USA USA Fax: +1 4809993359 Fax:

Email:

Quote Summary Discount Summary
Program Length 41 Months Average Savings Per Year $5,198.01 TOTAL COST $51,148.00
ESTIMATED TOTAL W/ TAX $54,319.09 TOTAL SAVINGS $17,759.88 Payment Summary
Date Subtotal Tax Total
Jul 2022 $6,238.00 $386.76 $6,624.76
Dec 2022 $14,970.00 $928.11 $15,898.11
Dec 2023 $14,970.00 $928.11 $15,898.11
Dec 2024 $14,970.00 $928.11 $15,898.11
Total $51,148.00 $3,171.09 $54,319.09
Axon Enterprise, Inc.
17800 N 85th St.

Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic: (800) 978-2737
International: +1.800.978.2737

Quote Unbundled Price: $68,907.88
Quote List Price: $51,586.20
Quote Subtotal: $51,148.00
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program
73352 BWC HARDWARE FINANCING TRUE UP PAYMENT 16 19 $23.30 $23.30 $7,083.20 $584.36 $7,667.56 BWCamTAP Body Worn Camera TAP Bundle 14 41 $49.36 $28.00 $28.00 $16,072.00 $1,325.93 $17,397.93 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 2 41 $91.22 $29.50 $29.50 $2,419.00 $199.54 $2,618.54 A la Carte Hardware
11507 MOLLE MOUNT, SINGLE, AXON RAPIDLOCK 14 $31.30 $0.00 $0.00 $0.00 $0.00 AB3C AB3 Camera Bundle 14 $699.00 $699.00 $9,786.00 $807.33 $10,593.33 AB3MBD AB3 Multi Bay Dock Bundle 2 $1,538.90 $1,538.90 $3,077.80 $253.93 $3,331.73 A la Carte Software
73683 10 GB EVIDENCE.COM A-LA-CART STORAGE- 250 41 $0.40 $0.40 $4,100.00 $0.00 $4,100.00 BasicLicense Basic License Bundle 14 41 $15.00 $15.00 $8,610.00 $0.00 $8,610.00 Total $51,148.00 $3,171.09 $54,319.09

Delivery Schedule
Hardware
Bundle Item Description QTY Estimated Delivery Date
AB3 Camera Bundle 11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 16 07/01/2022 AB3 Camera Bundle 73202 AXON BODY 3 - NA10 - US - BLK - RAPIDLOCK 14 07/01/2022 AB3 Camera Bundle 74028 WING CLIP MOUNT, AXON RAPIDLOCK 16 07/01/2022 AB3 Multi Bay Dock Bundle 70033 WALL MOUNT BRACKET, ASSY, EVIDENCE.COM DOCK 2 07/01/2022 AB3 Multi Bay Dock Bundle 71019 NORTH AMER POWER CORD FOR AB3 8-BAY, AB2 1-BAY / 6-BAY DOCK 2 07/01/2022 AB3 Multi Bay Dock Bundle 74210 AXON BODY 3 - 8 BAY DOCK 2 07/01/2022 A la Carte 11507 MOLLE MOUNT, SINGLE, AXON RAPIDLOCK 14 07/01/2022 Body Worn Camera Multi-Bay Dock TAP Bundle 73689 MULTI-BAY BWC DOCK 1ST REFRESH 2 01/01/2025 Body Worn Camera TAP Bundle 73309 AXON CAMERA REFRESH ONE 14 01/01/2025 Body Worn Camera Multi-Bay Dock TAP Bundle 73688 MULTI-BAY BWC DOCK 2ND REFRESH 2 12/01/2025 Body Worn Camera TAP Bundle 73310 AXON CAMERA REFRESH TWO 14 12/01/2025 Software
Bundle Item Description QTY Estimated Start Date Estimated End Date Basic License Bundle 73683 10 GB EVIDENCE.COM A-LA-CART STORAGE- 14 08/01/2022 12/31/2025 Basic License Bundle 73840 EVIDENCE.COM BASIC LICENSE 14 08/01/2022 12/31/2025 A la Carte 73683 10 GB EVIDENCE.COM A-LA-CART STORAGE- 250 08/01/2022 12/31/2025 Warranties
Bundle Item Description QTY Estimated Start Date Estimated End Date Body Worn Camera Multi-Bay Dock TAP Bundle 80465 EXT WARRANTY, MULTI-BAY DOCK (TAP) 2 08/01/2022 12/31/2025 Body Worn Camera TAP Bundle 80464 EXT WARRANTY, CAMERA (TAP) 14 08/01/2022 12/31/2025

Payment Details
Jul 2022
Invoice Plan Item Description Qty Subtotal Tax Total
Year 1 11507 MOLLE MOUNT, SINGLE, AXON RAPIDLOCK 14 $0.00 $0.00 $0.00 Year 1 73352 BWC HARDWARE FINANCING TRUE UP PAYMENT 16 $863.87 $71.27 $935.14 Year 1 73683 10 GB EVIDENCE.COM A-LA-CART STORAGE- 250 $500.04 $0.00 $500.04 Year 1 AB3C AB3 Camera Bundle 14 $1,193.50 $98.46 $1,291.96 Year 1 AB3MBD AB3 Multi Bay Dock Bundle 2 $375.37 $30.97 $406.34 Year 1 BasicLicense Basic License Bundle 14 $1,050.07 $0.00 $1,050.07 Year 1 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 2 $295.02 $24.34 $319.36 Year 1 BWCamTAP Body Worn Camera TAP Bundle 14 $1,960.13 $161.72 $2,121.85 Total $6,238.00 $386.76 $6,624.76
Dec 2022
Invoice Plan Item Description Qty Subtotal Tax Total
Year 2 11507 MOLLE MOUNT, SINGLE, AXON RAPIDLOCK 14 $0.00 $0.00 $0.00 Year 2 73352 BWC HARDWARE FINANCING TRUE UP PAYMENT 16 $2,073.11 $171.03 $2,244.14 Year 2 73683 10 GB EVIDENCE.COM A-LA-CART STORAGE- 250 $1,199.99 $0.00 $1,199.99 Year 2 AB3C AB3 Camera Bundle 14 $2,864.17 $236.29 $3,100.46 Year 2 AB3MBD AB3 Multi Bay Dock Bundle 2 $900.81 $74.32 $975.13 Year 2 BasicLicense Basic License Bundle 14 $2,519.98 $0.00 $2,519.98 Year 2 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 2 $707.99 $58.40 $766.39 Year 2 BWCamTAP Body Worn Camera TAP Bundle 14 $4,703.95 $388.07 $5,092.02 Total $14,970.00 $928.11 $15,898.11
Dec 2023
Invoice Plan Item Description Qty Subtotal Tax Total
Year 3 11507 MOLLE MOUNT, SINGLE, AXON RAPIDLOCK 14 $0.00 $0.00 $0.00 Year 3 73352 BWC HARDWARE FINANCING TRUE UP PAYMENT 16 $2,073.11 $171.03 $2,244.14 Year 3 73683 10 GB EVIDENCE.COM A-LA-CART STORAGE- 250 $1,199.99 $0.00 $1,199.99 Year 3 AB3C AB3 Camera Bundle 14 $2,864.17 $236.29 $3,100.46 Year 3 AB3MBD AB3 Multi Bay Dock Bundle 2 $900.81 $74.32 $975.13 Year 3 BasicLicense Basic License Bundle 14 $2,519.98 $0.00 $2,519.98 Year 3 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 2 $707.99 $58.40 $766.39 Year 3 BWCamTAP Body Worn Camera TAP Bundle 14 $4,703.95 $388.07 $5,092.02 Total $14,970.00 $928.11 $15,898.11
Dec 2024
Invoice Plan Item Description Qty Subtotal Tax Total
Year 4 11507 MOLLE MOUNT, SINGLE, AXON RAPIDLOCK 14 $0.00 $0.00 $0.00 Year 4 73352 BWC HARDWARE FINANCING TRUE UP PAYMENT 16 $2,073.11 $171.03 $2,244.14 Year 4 73683 10 GB EVIDENCE.COM A-LA-CART STORAGE- 250 $1,199.98 $0.00 $1,199.98 Year 4 AB3C AB3 Camera Bundle 14 $2,864.16 $236.29 $3,100.45 Year 4 AB3MBD AB3 Multi Bay Dock Bundle 2 $900.81 $74.32 $975.13

Dec 2024
Invoice Plan Item Description Qty Subtotal Tax Total
Year 4 BasicLicense Basic License Bundle 14 $2,519.97 $0.00 $2,519.97 Year 4 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 2 $708.00 $58.40 $766.40 Year 4 BWCamTAP Body Worn Camera TAP Bundle 14 $4,703.97 $388.07 $5,092.04 Total $14,970.00 $928.11 $15,898.11

Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing.

Standard Terms and Conditions
Axon Enterprise Inc. Sales Terms and Conditions
Axon Master Services and Purchasing Agreement:

This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at www.axon.com/legal/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below.

ACEIP:

The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program.

Acceptance of Terms:

Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote.

Exceptions to Standard Terms and Conditions
This quote is co-termed with quote Q-309680 (executed contract #00054495). Year one has been pro-rated to 9 months to align with agency annual billing dates.

This has been done according to an anticipated ship date range of 03/01/2022-03/15/2022. \s1\ \d1\
Signature Date Signed
6/28/2022

CITY COUNCIL

AGENDA REPORT

MEETING DATE: July 11, 2022
TO: Mayor and City Council
FROM: Michael Salvador, Police Chief
PREPARED BY: Janell Martin
SUBJECT: Authorizing Submittal of Grant Application to San Joaquin Air Pollution Control District for Public Benefit Grant, New Alternative Fuel Vehicle Program (Police Chief Salvador)

RECOMMENDED COUNCIL ACTION
Adoption of Resolution No. 3325-22 authorizing submittal of a grant application to the San Joaquin Air Pollution Control District Alternative Public Benefit Grant, Alternative Fuel Vehicle Program; and authorizes and directs the City Manager to execute all documents on behalf of the City.

I. BACKGROUND/ANALYSIS:

The City is continually looking for innovative ways to improve service for the residents of Atwater. This request is consistent with those ideas.

The San Joaquin Valley Air Pollution Control District (SJVAPCD) provides incentive funding for municipalities to purchase new electric, plug-in hybrid, or alternative fuel vehicles for public agencies to promote clean air alternative-fuel technologies and the use of low-or zero-emission vehicles in public fleets.

Funding is on a first-come basis and must meet specific program criteria and be deemed eligible by SJVAPCD staff. The City must commit to a three (3) year contract period and own and operate the vehicles(s) for the full term of the contract, maintain replacement value insurance for the vehicle(s), submit annual reports to the SJVAPCD as well as retain copies of current vehicle registration and insurance.

The City seeks to apply for grant funding from the San Joaquin Valley Air Pollution Control District to purchase electric vehicles to service the Police Department and Public Works Departments. These vehicles will provide enhanced efficiency for the driver, while controlling the impact of older vehicles on the air basin. The City is looking to purchase suitable vehicles from the Authorized Vehicle List for the Police and Public Works Department. The City projects that the vehicles will save the City substantial operating costs over the traditional vehicles. The grant pays for all the components of

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

Agenda Report - Page 2

the vehicle.

The proposed FY 2022-2023 Budget includes funding for a new Code Enforcement officer's position. This position will require use of an assigned City vehicle. The Police Department also has a need to add a vehicle to replace a 15-year-old pickup truck in the Police Fleet being used by animal control. The Public Works Department also has a need for a light duty maintenance vehicle for City Park maintenance. By utilizing the SJVAPCD grant funding source, if awarded, the City can take advantage of the funding offset for the purchase of 2 new fully electric pickups and an electric John Deere Gator that will satisfy the needs of both departments.The FY 2022-23 budget has the resources to purchase the vehicles for the Police Department. The public works vehicle cost is estimated to be below the $20,000 per vehicle cost limit.

II. FISCAL IMPACTS:

The maximum incentive for the Public Benefit Grant Program is up to $100,000 per calendar year and applicants may apply for up to $20,000 for each new vehicle.

Additional funding sources are not a requirement for participation in the Public Benefit Grant; there is no local match. Reimbursement takes place after the new vehicle is purchased and all required documents are submitted to the SJVAPCD.

Should the City be awarded the grant, the revenue and expenditures are included in the proposed Fiscal Year 2022-2023 budget. The expenditures for the two fully electric pickups are budgeted in Public Safety Transactions & Use Tax Fund, Machinery & Equipment expense account number 0004-2021-6021 and the electric John Deere Gator is budgeted in the General Fund, Public Works Department-Parks Operation, Machinery & Equipment account number 0001-6061-6021. This item has been reviewed by the Finance Department.

III. LEGAL REVIEW:

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

IV. EXISTING POLICY:

This item is consistent with goal number one (1) of the City's Strategic Plan: to ensure the City's continued financial stability. This item also satisfies a Police Department strategic plan goal of continued fleet modernization.

V. ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

N/A

Agenda Report - Page 3

VII. PUBLIC PARTICIPATION:

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

VIII. ENVIRONMENTAL REVIEW:

This item is exempt under the provisions of the California Environmental Quality Act (CEQA) under section 15308 “Actions by Regulatory Agencies for the Protection of the Environment.” The action, and similar actions taken by the City would move the City and the State forward in reaching their greenhouse gas reduction goals.

IX. STEPS FOLLOWING APPROVAL:

The steps following approval will include the City Manager executing any and all documents pertaining to the application.

Submitted by:

Michael Salvador, Police Chief
Approved by:

Lori Waterman, City Manager
Attachments:

1. Reso APCD 2022

CITY COUNCIL
OF THE

CITY OF ATWATER
RESOLUTION NO. 3325-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATWATER

AUTHORIZING GRANT APPLICATION SUBMITTAL TO SAN JOAQUIN

VALLEY AIR POLLUTION CONTROL DISTRICT PUBLIC BENEFIT

GRANT PROGRAM
WHEREAS, the San Joaquin Valley Air Pollution Control District (SJAVPCD) is seeking applications to provide incentive funds for the purchase of new alternative fueled vehicles (Electric, Plug-In Hybrid, NCG, LNG, LPT, etc); and
WHEREAS, the purpose of the Public Benefit Grant is to provide local public agencies opportunities to fund a wide variety of clean-air, public benefit projects which will provide a direct benefit to Valley residents; and
WHEREAS, the City of Atwater is proposing submittal of an application for purchasing two (3) electric vehicles on behalf of the City; and
WHEREAS, the addition of these electric vehicles will also reduce vehicle emissions.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atwater does hereby authorize the submission of a grant application for the SJVAPCD.

BE IT FURTHER RESOLVED that the City Council of the City of Atwater does hereby authorize and direct the City Manager, to sign the application and implement the new vehicle project on behalf of the City.

The foregoing resolution is hereby adopted this 11th day of July, 2022.

Resolution No. 3325-22 Page 2
AYES:

NOES:

ABSENT:

APPROVED:

________________________________

PAUL CREIGHTON, MAYOR
ATTEST:
_______________________________

LUCY ARMSTRONG, CITY CLERK

CITY COUNCIL

AGENDA REPORT

MEETING DATE: July 11, 2022
TO: Mayor and City Council
FROM: Greg Thompson, Community Development Director
PREPARED BY: Christina Thurman, Executive Assistant
SUBJECT: Approving Regional Surface Transportation Program Exchange Funds Claim for Fiscal Year 2021-22 (Community Development Director Thompson)

RECOMMENDED COUNCIL ACTION
Adoption of Resolution No. 3328-22 authorizing and directing the City Manager to execute and file the Regional Surface Transportation Program (RSTP) Exchange Funds Claim for Fiscal Year 2021-22.

I. BACKGROUND/ANALYSIS:

BACKGROUND:

Annually, Merced County Association of Governments (MCAG) provides the City of Atwater (“City”) the opportunity to participate in the exchange of unobligated federal transportation funds for state funds under the Regional Surface Transportation Program (RSTP) Exchange Funds Program. Exchanging federal funds for state funds provides for more flexibility in the use of such transportation monies.

The claim form requires the City to designate project(s) that are defined under Sections 133(b) and 133(c) of Title 23, United States Code and Article XIX of the California State Constitution, implemented in accordance with the requirements of Section 182.6(d)(1) of the Streets and Highway Code.

The City of Atwater will produce application(s) by way of claim form(s) to the Regional Surface Transportation Program to reconstruct and improve Fruitland Avenue as an alternative trade route for the City of Atwater. Over the next five (5) years the City of Atwater will be the focus and epicenter of multiple transportation and utility infrastructure projects.

Last year’s project included Fruitland Reconstruction Project. The California Department of Transportation, Caltrans is currently reconstructing State Highway 99 through the Atwater corridor. The Merced Irrigation District will be constructing and installing a transmission line through the entire east-west alignment of Bellevue Road from the former Castle Air Force Base to the west border of the Atwater City limits.

Additionally, the County of Merced and the City of Atwater plan to collaborate in a

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

Agenda Report - Page 2

regional improvement to Bellevue Road to connect north Atwater to the on/off ramp for State Highway 99 to improve circulation and air quality through reduction of greenhouse gas. These combined efforts will result in diminished access to north Atwater retailers and businesses. It is the intention of the City to improve Fruitland Avenue to re-circulate vehicular traffic to connect the alignment of Winton Way with Shaffer Road. The expected project will commence and conclude in advance of the other projects and alleviate undue traffic congestion excessive wait times for vehicular traffic.

ANALYSIS:

The allocation of RSTP exchange funds to each jurisdiction is calculated by population.

In order to obtain these funds as quickly as possible, it is necessary to file an exchange claim form with an authorizing resolution from the City Council. The claim form and resolution must be filed and returned to MCAG for processing. The MCAG Governing Board adopted their resolution approving the disbursement of FY 2021/2022 RSTP funds at their June 16, 2022 meeting.

II. FISCAL IMPACTS:

By adopting this resolution and filing an exchange form, the City will receive $374,582.00. The revenue is established in the FY 2022-23 adopted budget in account number 1017-0000-3147, Regional Surface Transportation Program (RSTP) Exchange Funds Program Fud, RSTP Exchange revenue account. This item has been reviewed by the Finance Department.

III. LEGAL REVIEW:

This item has been reviewed by the City Attorney’s Office IV. EXISTING POLICY:

V. ALTERNATIVES:

Not required for all staff reports but should be included in most reports where the Council should be considering options, or discussion of options already investigated.

If there are Policy options for consideration, the discussion should be specific and detailed.

VI. INTERDEPARTMENTAL COORDINATION:

This item has been routed to all departments for review.

VII. PUBLIC PARTICIPATION:

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

VIII. ENVIRONMENTAL REVIEW:

Agenda Report - Page 3

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:

Upon adoption of the resolution, the City Manager shall execute and file the Regional Surface Transportation Program (RSTP) Exchange Funds Claim for Fiscal Year 2021/2022
Submitted by:

Greg Thompson, Community Development Director
Approved by:

Lori Waterman, City Manager
Attachments:

1. Resolution No 3328-22 Authorizing RSTP Submittal for FY 21-22

2. City of Atwater FY 21-22 RSTP Claim Form

CITY COUNCIL
OF THE

CITY OF ATWATER

RESOLUTION NO. 3328-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

ATWATER AUTHORIZING THE CITY MANAGER TO

EXECUTE AND FILE THE REGIONAL SURFACE

TRANSPORTATION PROGRAM (RSTP) EXCHANGE FUNDS
CLAIM FOR FISCAL YEAR 2021-22
WHEREAS, the the Merced County Association of Governments (MCAG) and the California Department of Transportation (CalTrans) have entered into an Standard Agreement contract to exchange unobligated balances of federally funded Regional Surface Transportation Program (RSTP) funds with non-federal State Highway Account funds; and WHEREAS, CalTrans Division of Programming releases a 5-year ESTIMATE of RSTP Exchange Program apportionments for inclusion in the Federal Transportation Improvement Program (FTIP) Programming document every 2-years to California Metropolitan Planning Organizations (MPOs); and
WHEREAS, MCAG is the designated MPO for Merced County; and WHEREAS, the Annual RSTP Exchange Program fund apportionment is an estimate and subject to change during the fiscal year (FY) due to many Federal Surface Transportation Bill variables including the annual appropriations act as well as other Congressional action (i.e. rescissions); and
WHEREAS, a FINAL RSTP Exchange apportionment amount is published at the end of the FY 20/21 and can be different than the ESTIMATE RSTP Exchange apportionment figure; and WHEREAS, annually, CalTrans sends MCAG a Standard Agreement contract that includes an RSTP Exchange Program apportionment figure; and
WHEREAS, MCAG applies a RSTP population based distribution formula using current Department of Finance (DOF) population estimates (May 2022) to the RSTP apportionment to determine the amount of RSTP Exchange funds to be distributed to MCAG member jurisdictions; and
WHEREAS, the City of Atwater has an ESTIMATE RSTP Exchange Program fund apportionment amount available to claim in FY 21/22 of $374,582.00; and WHEREAS, payment of the ESTIMATE RSTP Exchange fund claim will be subject to all conditions specified in the fully executed standard contract agreement between MCAG and CalTrans, as well as the MCAG RSTP Exchange claim form requirements: Projects to be funded with this claim are only those projects that are defined under Sections 133(b) and 133(c)

Resolution No. 3328-22 Page 2
of Title 23, United States Code and Article XIX of the California State Constitution, implemented in accordance with the requirements of Section 182.6(d)(1) of the Streets and Highways Code; and
WHEREAS, if the FINAL RSTP Exchange apportionment figure is higher for FY 21/22 than the ESTIMATE RSTP Exchange apportionment figure, CalTrans would have to revise the RSTP Exchange Standard Agreement contract with the higher RSTP figure before MCAG could instruct the Merced County Auditor Controller’s Officer to distribute a greater amount of RSTP Exchange Program funds to member agencies, than identified in this resolution; and WHEREAS, if the FINAL RSTP Exchange apportionment figure is lower for FY 21/22 than the ESTIMATE RSTP Exchange apportionment amount, CalTrans does not have to revise the RSTP Exchange contract with the lower amount before MCAG could recalculate the available RSTP Exchange Program funds using the same population-based formula and then instruct the Merced County Auditor Controller’s Officer to distribute the lower FY 21/22 FINAL RSTP Exchange program fund amount to member agencies; and
WHEREAS, the City of Atwater has established special gas tax street improvement fund as a requirement to receive the RSTP Exchange Program funds; and WHEREAS, it is deemed in the best interest of the City of Atwater that the City Manager is authorized to sign the FY 21/22 RSTP Exchange Program fund claim from and to submit said claim form to MCAG for processing.

NOW, THEREFORE, BE IT RESOLVED that the City Manager is authorized and directed to sign and file the above described FY 21/22 RSTP Exchange Program fund claim on behalf of the City of Atwater in the amount of $374,582.00.

The foregoing resolution is hereby adopted this 11th day of July, 2022.

AYES:

NOES:

ABSENT: APPROVED:
_____________________________

PAUL CREIGHTON, MAYOR
ATTEST:
______________________________

LUCY ARMSTRONG

CITY CLERK

PH: 209.723.3153
FAX: 209.723.0322
www.mcagov.org
369 W, 18th Street
Merced, Ca. 93540
P a r t n e r i n g f o r R e g i o n a l S o l u t i o n s Claim to the Merced County Association of Governments
for Regional Surface Transportation Program (RSTP) Funds in Exchange for State Highway Account Funds FY 2021/2022
Project Cost of
Project
Air
Quality
Exempt

1. Ace Train Platform $374,582.00
 

2. $  

3. $  

4. $  
FY 21/22 Claim Amount: $374,582.00
Claimant: City of Atwater
Claim Guidelines:

Projects outlined in the table below to be funded with this claim are only those projects that are defined under Sections 133(b) and 133(c) of Title 23, United States Code and Article XIX of the California State Constitution, implemented in accordance with the requirements of Section 182.6(d)(1) of the Streets and Highways Code.

Claim Instructions:

1. List (print or type) each INDIVIDUAL project to be funded with this claim.

2. List the amount of funds to be used for each project.

3. If the project is not a capacity expanding project and is exempt from the air quality conformance analysis check the “Exempt” box. ()

4. If the project is a capacity expanding project and the “build” alternative of the air quality conformance analysis has been completed for the project as required check the “Air Quality” box. ()

It is understood by this claimant (City of Atwater) that payment of this claim is subject to approval by the MCAG Governing Board and must be in accordance with the MCAG and Caltrans Agreement. Said monies (and the interest earned on such monies subsequent to allocation) will be used only for those purposes for which the claim is approved.

The undersigned claimant, by accepting these funds agrees to establish a special account for the purpose of depositing funds received from MCAG pursuant to this agreement:
a. For cities, within their Special Gas Tax Street Improvement Fund; or b. For the county, within their County Road Fund
The undersigned claimant, by accepting these funds, agrees to grant the State of California auditors access to their books and records for the purpose of verifying that funds paid hereunder are properly accounted for and proceeds are expended in accordance with the terms of this agreement. All documents will be available for inspection by authorized Caltrans agents at any time during the project development and for a four-year period from the date of completion of the project, or one year after the audit is completed or waived by Caltrans, whichever is later.

If the undersigned claimant fails to use funds received hereunder in accordance with the terms of the agreement, the claimant agrees to return the exchange funds to MCAG for credit to the special account described above.

Further, the Chief Financial Officer of the claimant certifies that the financial information contained herein, is reasonable and accurate to the best of his/her knowledge.

Authorized Representative:

Signature
Print Name
Title
Date
Signature of Chief Financial Officer
Print Name

CITY COUNCIL

AGENDA REPORT

MEETING DATE: July 11, 2022
TO: Mayor and City Council
FROM: Michael Salvador, Police Chief
PREPARED BY: Michael Salvador, Police Chief
SUBJECT: Approving Equipment/Software Lease-Purchase Agreement with Axon Taser for the lease-purchase of a Less Lethal Weapons System (Police Chief Salvador)

RECOMMENDED COUNCIL ACTION
Approval of a Five-Year Lease-Purchase Agreement, in a form approved by the City Attorney, with Axon Taser of Arizona, in the amount not to exceed $187,716 over a 5- year period for the lease-purchase of a less Lethal Weapons System; and authorizes and directs the City Manager to execute the Agreement on behalf of the City.

I. BACKGROUND/ANALYSIS:

The Police Department currently equips its officers with the Taser x26 less lethal weapons system as a use of force option. This spring, the Department was advised by Taser that the x26 was at its end of life and would no longer be supported by Taser.

Further use of the equipment would subject the City to increased liability with no support for the manufacturer. The Department received a proposal to upgrade its less lethal weapon from the x26 to the Taser 7. The new system will provide officers with an up-to-date, less lethal weapons system. This package supplies not only the weapons, but all the equipment necessary to train officers on the new platform and qualify officers on a regularly scheduled basis. The Department has made appropriate plans by sourcing a lease option to fill its needs versus a large capital outlay. The department has also taken into consideration leasing enough equipment to accommodate department expansion. This critical equipment replacement fulfills a critical officer safety need. These items are not controlled by Government Code Section 7070 (Military Equipment).

Purchasing Policy
Generally, the Atwater Municipal Code (AMC) requires all purchases which exceed $25,000 in price to be competitively bid through the City’s centralized purchasing requirements. However, AMC section 3.04.110 expressly provides that the centralized purchasing requirements may be dispensed with for (i) sole source purchases or (ii) when approved by City Council to take advantage of unique cost-saving opportunities.

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

Agenda Report - Page 2

As detailed below, both exceptions apply to this purchase, allowing the Council to waive the formal, centralized purchasing requirements.

Sole Source
AMC 3.04.110(C) lists sole source purchases as an exemption to the formal, centralized purchasing procedures. One of the qualifications for a sole source purchase is that the product “has been proven to be the only product that is acceptable.” Further, the City of Atwater Purchasing System Manual, Section 9, Procurement Methods, “Sole Source Purchases (page 17),” states that the City’s bidding procedures may be dispensed when it qualifies as a sole source due to the fact when any of the following apply:

1. The brand or trade name article, goods, or product or proprietary service is the only one which will properly meet the needs of the City; or

2. The item or service is unique and available only from a sole source; or

3. The item or service is designed to match others already in use or necessary to be compatible with others already in use.

The proposed package includes a complete less lethal weapons system. This system includes less lethal weapons, chargers, mounting equipment, cloud storage,training equipment, management software. The software to utilize the enhanced system will provide the City with the ability to integrate/interface directly with other Merced County law enforcement agencies, including the District Attorney’s Office, Merced Police Department, and Merced County Sheriff’s Office. The following benefits are achieved with Axon Taser:

Axon Taser is a fully integrated system (one database) for use and training.

The Department will be able to document all deployments to ensure use of force policy compliance.

Axon Taser provides an “evergreen” yearly support plan, which ensures the system always updates to its most recent version, without additional costs. This reduces the workload impact on the City of Atwater Police personnel as it offers not only a fully supported hardware package, but also the engineering team support from Axon Taser to assist with the updated system versions, equipment replacement, and upgrades.
 No other commercial less lethal weapons package will provide the department with the represented features, interoperability potential, and cost savings potential.
 These features will ultimately allow for the Atwater Police Department to better serve our community. This item executes a goal of the 2019 Police Department Strategic Plan by deploying modern law enforcement tools to enhance service delivery, transparency, and professionalism.

Agenda Report - Page 3

Unique Cost Savings Opportunity
In addition to this product being a sole source within the meaning AMC 3.04.110(C), centralized bidding procedures may also be waived here because it represents the only viable opportunity for the City to “take advantage of unique cost-saving opportunities.” Specifically, on 7-26-21 the City Council approved the Police Department’s JAG grant submittal. The City Council approved the Police Department plan to deploy a less lethal weapons system using both local and grant funds. The purchase of the Axon Taser Less Lethal Weapons System is the best and only acceptable alternative that will yield the deployment of an integrated system in a cost-effective manner.

For all the reasons set forth above, including those applicable to the sole source justification, this is also a purchase that represents a unique cost-savings opportunity for
the City. Therefore, staff is recommending approval to enter into a lease-purchase agreement with Axon Taser to acquire a new Less Lethal Weapons system.

II. FISCAL IMPACTS:

The total cost of the Axon Taser solution is approximately $187,715. An initial payment of $37,543.22 is due FY 2022-23. This cost has been included in the FY 2022-23 Budget in two locations: the Police Grants Fund. (Account No. 1005-2024-6021) and the Public Safety Transactions and Use Tax Fund (Account No. 0004-2021-3031). This initial payment will cover the first year’s lease and maintenance. The balance of the lease cost of $150,172.60 will be financed over four years with annual payments of $37,543.22.

Enough funding for the lease payment is available in the Fiscal Year 2022-23 Budget, Police Grant Fund, (Police, Machinery & Equipment, Account No. 1005-2024-6021) and Public Safety Transactions and Use Tax Fund, Rents & Leases (Account No. 0004-2021-3034). No budget amendment is needed. The Agreement is for the term of five years and the payment amounts will be incorporated into future budgets until paid in full. There are no interest payments. At the conclusion of the lease purchase period, ongoing maintenance of the system will need to be budgeted in future fiscal years.

This item has been reviewed by the Finance Department.

III. LEGAL REVIEW:

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

IV. EXISTING POLICY:

This item is consistent with and is a step to complete the Police Department’s strategic plan presented on April 8th, 2019. These Items are exempt from the Military Equipment Policy requirement.

Agenda Report - Page 4

V. ALTERNATIVES:

Not Applicable
VI. INTERDEPARTMENTAL COORDINATION:

Not applicable
VII. PUBLIC PARTICIPATION:

Not Applicable
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:

Upon City Council approval, staff will coordinate the execution of the Agreement.

Submitted by:

Michael Salvador, Police Chief
Approved by:

Lori Waterman, City Manager
Attachments:

1. Sole source Memo

2. Atwater PD - Axon Quote

City of Atwater
Police Department
Michael Salvador, Chief of Police 750 Bellevue Road
Atwater, CA 95301
Phone: (209) 357-6384
Fax: (209) 358-5256
E-Mail: [email protected]
Date: July 11, 2022
To: Lori Waterman, City Manager
From: Michael Salvador, Chief of Police
Subject: Sole Source Purchase request
In accordance with the City of Atwater Purchasing System Manual, Section 9, Procurement Methods, “Sole Source Purchases,” under certain circumstances, the City’s bidding requirements may be dispensed with when the services or goods are only available from one source because of:

1. The brand of trade name article, goods, or products or proprietary service is the only one which will properly meet the needs of the City; or

2. The item or service is unique and available only from a sole source; or

3. The item or service is designed to match others already in use or necessary to be compatible with others already in use.

The purchasing of a Taser 7 less lethal weapons system is necessary to replace the Police Departments current taxer x26 less lethal weapons system that has reached the end of its operational service life.

The requested purchase meets the requirements as outlined in items 1 and 3 under “Sole Source Purchases” therefore I am requesting the lease purchase be declared a sole source purchase.

Respectfully submitted.

Q-321454-44734.765TR
Issued: 06/22/2022
Quote Expiration: 07/31/2022
Estimated Contract Start Date: 09/01/2022
Account Number: 113455
Payment Terms: N30
Delivery Method: Fedex - Ground

SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
Business;Delivery;Invoice-750 Bellevue Rd Atwater Police Dept. - CA Travis Cole Dave Sarginson 750 Bellevue Rd 750 Bellevue Rd Phone: (480) 463-2200 Phone: (209) 357-6396 Atwater, CA 95301-2859 Atwater, CA 95301-2859 Email: [email protected] Email: [email protected] USA USA Fax: 480-463-2200 Fax:

Email:

Quote Summary Discount Summary
Program Length 60 Months Average Savings Per Year $10,983.86 TOTAL COST $175,082.47
ESTIMATED TOTAL W/ TAX $187,715.82 TOTAL SAVINGS $54,919.28 Payment Summary
Date Subtotal Tax Total
Aug 2022 $35,016.55 $2,526.67 $37,543.22
Aug 2023 $35,016.48 $2,526.67 $37,543.15
Aug 2024 $35,016.48 $2,526.67 $37,543.15
Aug 2025 $35,016.48 $2,526.67 $37,543.15
Aug 2026 $35,016.48 $2,526.67 $37,543.15
Total $175,082.47 $12,633.35 $187,715.82
Axon Enterprise, Inc.
17800 N 85th St.

Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic: (800) 978-2737
International: +1.800.978.2737

Quote Unbundled Price: $230,001.75
Quote List Price: $188,289.75
Quote Subtotal: $175,082.47
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program
2022T7CertVR 2022 Taser 7 Cert Bundle W/ VR 40 60 $94.88 $77.50 $72.95 $175,082.47 $12,633.35 $187,715.82 A la Carte Hardware
20050 HOOK-AND-LOOP TRAINING (HALT) SUIT 1 $789.75 $0.00 $0.00 $0.00 $0.00 A la Carte Services
20120 TASER 7 INSTRUCTOR COURSE VOUCHER 4 $375.00 $0.00 $0.00 $0.00 $0.00 Total $175,082.47 $12,633.35 $187,715.82

Delivery Schedule
Hardware
Bundle Item Description QTY Estimated Delivery Date
2022 Taser 7 Cert Bundle W/ VR 100126 AXON VR TACTICAL BAG 1 08/01/2022 2022 Taser 7 Cert Bundle W/ VR 100186 HTC FOCUS 3 WRIST TRACKER 2 08/01/2022 2022 Taser 7 Cert Bundle W/ VR 20008 TASER 7 HANDLE, YLW, HIGH VISIBILITY (GREEN LASER), CLASS 3R 40 08/01/2022 2022 Taser 7 Cert Bundle W/ VR 20008 TASER 7 HANDLE, YLW, HIGH VISIBILITY (GREEN LASER), CLASS 3R 1 08/01/2022 2022 Taser 7 Cert Bundle W/ VR 20018 TASER 7 BATTERY PACK, TACTICAL 48 08/01/2022 2022 Taser 7 Cert Bundle W/ VR 20160 TASER 7 HOLSTER - SAFARILAND, RH+CART CARRIER 40 08/01/2022 2022 Taser 7 Cert Bundle W/ VR 20296 SAMSUNG S7+ TABLET FOR VR SIMULATOR 1 08/01/2022 2022 Taser 7 Cert Bundle W/ VR 20297 SAMSUNG S7+ TABLET CASE FOR VR SIMULATOR 1 08/01/2022 2022 Taser 7 Cert Bundle W/ VR 20298 VR-ENABLED GLOCK 19 CONTROLLER 1 08/01/2022 2022 Taser 7 Cert Bundle W/ VR 20378 HTC FOCUS 3 VR HEADSET 2 08/01/2022 2022 Taser 7 Cert Bundle W/ VR 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 120 08/01/2022 2022 Taser 7 Cert Bundle W/ VR 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 80 08/01/2022 2022 Taser 7 Cert Bundle W/ VR 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 120 08/01/2022 2022 Taser 7 Cert Bundle W/ VR 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 80 08/01/2022 2022 Taser 7 Cert Bundle W/ VR 22177 TASER 7 HOOK-AND-LOOP TRN (HALT) CARTRIDGE, STANDOFF NS 80 08/01/2022 2022 Taser 7 Cert Bundle W/ VR 22178 TASER 7 HOOK-AND-LOOP TRN (HALT) CARTRIDGE, CLOSE QUART NS 80 08/01/2022 2022 Taser 7 Cert Bundle W/ VR 22179 TASER 7 INERT CARTRIDGE, STANDOFF (3.5-DEGREE) NS 40 08/01/2022 2022 Taser 7 Cert Bundle W/ VR 22181 TASER 7 INERT CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 40 08/01/2022 2022 Taser 7 Cert Bundle W/ VR 22196 TASER 7 VR CARTRIDGE, STANDOFF (3.5-DEGREE) 2 08/01/2022 2022 Taser 7 Cert Bundle W/ VR 22197 TASER 7 VR CARTRIDGE, CLOSE-QUARTERS (12-DEGREE) 2 08/01/2022 2022 Taser 7 Cert Bundle W/ VR 70033 WALL MOUNT BRACKET, ASSY, EVIDENCE.COM DOCK 1 08/01/2022 2022 Taser 7 Cert Bundle W/ VR 71019 NORTH AMER POWER CORD FOR AB3 8-BAY, AB2 1-BAY / 6-BAY DOCK 1 08/01/2022 2022 Taser 7 Cert Bundle W/ VR 74200 TASER 7 6-BAY DOCK AND CORE 1 08/01/2022 2022 Taser 7 Cert Bundle W/ VR 80087 TASER 7 TARGET, CONDUCTIVE, PROFESSIONAL (RUGGEDIZED) 1 08/01/2022 2022 Taser 7 Cert Bundle W/ VR 80090 TARGET FRAME, PROFESSIONAL, 27.5 IN. X 75 IN., TASER 7 1 08/01/2022 A la Carte 20050 HOOK-AND-LOOP TRAINING (HALT) SUIT 1 08/01/2022 2022 Taser 7 Cert Bundle W/ VR 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 80 08/01/2023 2022 Taser 7 Cert Bundle W/ VR 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 80 08/01/2023 2022 Taser 7 Cert Bundle W/ VR 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 80 08/01/2024 2022 Taser 7 Cert Bundle W/ VR 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 80 08/01/2024 2022 Taser 7 Cert Bundle W/ VR 22177 TASER 7 HOOK-AND-LOOP TRN (HALT) CARTRIDGE, STANDOFF NS 80 08/01/2024 2022 Taser 7 Cert Bundle W/ VR 22178 TASER 7 HOOK-AND-LOOP TRN (HALT) CARTRIDGE, CLOSE QUART NS 80 08/01/2024 2022 Taser 7 Cert Bundle W/ VR 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 80 08/01/2025 2022 Taser 7 Cert Bundle W/ VR 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 80 08/01/2025 2022 Taser 7 Cert Bundle W/ VR 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 80 08/01/2026 2022 Taser 7 Cert Bundle W/ VR 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 80 08/01/2026 2022 Taser 7 Cert Bundle W/ VR 100210 VIRTUAL REALITY TABLET REFRESH ONE 1 08/01/2027 2022 Taser 7 Cert Bundle W/ VR 20373 VIRTUAL REALITY HEADSET REFRESH ONE 2 08/01/2027 Software
Bundle Item Description QTY Estimated Start Date Estimated End Date 2022 Taser 7 Cert Bundle W/ VR 20248 TASER 7 EVIDENCE.COM LICENSE 40 09/01/2022 08/31/2027

Software
Bundle Item Description QTY Estimated Start Date Estimated End Date 2022 Taser 7 Cert Bundle W/ VR 20248 TASER 7 EVIDENCE.COM LICENSE 1 09/01/2022 08/31/2027 2022 Taser 7 Cert Bundle W/ VR 20370 FULL VR TASER 7 ADD-ON USER ACCESS 40 09/01/2022 08/31/2027 Services
Bundle Item Description QTY
A la Carte 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 4
Warranties
Bundle Item Description QTY Estimated Start Date Estimated End Date 2022 Taser 7 Cert Bundle W/ VR 100197 HTC FOCUS 3 VR HEADSET - WARRANTY 2 09/01/2022 08/31/2027 2022 Taser 7 Cert Bundle W/ VR 100198 AXON VR CONTROLLER KIT - WARRANTY 1 09/01/2022 08/31/2027 2022 Taser 7 Cert Bundle W/ VR 80374 EXT WARRANTY, TASER 7 BATTERY PACK 48 08/01/2023 08/31/2027 2022 Taser 7 Cert Bundle W/ VR 80395 EXT WARRANTY, TASER 7 HANDLE 40 08/01/2023 08/31/2027 2022 Taser 7 Cert Bundle W/ VR 80395 EXT WARRANTY, TASER 7 HANDLE 1 08/01/2023 08/31/2027 2022 Taser 7 Cert Bundle W/ VR 80396 EXT WARRANTY, TASER 7 SIX BAY DOCK 1 08/01/2023 08/31/2027

Payment Details
Aug 2022
Invoice Plan Item Description Qty Subtotal Tax Total
Year 1 20050 HOOK-AND-LOOP TRAINING (HALT) SUIT 1 $0.00 $0.00 $0.00 Year 1 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 4 $0.00 $0.00 $0.00 Year 1 2022T7CertVR 2022 Taser 7 Cert Bundle W/ VR 40 $35,016.55 $2,526.67 $37,543.22 Total $35,016.55 $2,526.67 $37,543.22
Aug 2023
Invoice Plan Item Description Qty Subtotal Tax Total
Year 2 20050 HOOK-AND-LOOP TRAINING (HALT) SUIT 1 $0.00 $0.00 $0.00 Year 2 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 4 $0.00 $0.00 $0.00 Year 2 2022T7CertVR 2022 Taser 7 Cert Bundle W/ VR 40 $35,016.48 $2,526.67 $37,543.15 Total $35,016.48 $2,526.67 $37,543.15
Aug 2024
Invoice Plan Item Description Qty Subtotal Tax Total
Year 3 20050 HOOK-AND-LOOP TRAINING (HALT) SUIT 1 $0.00 $0.00 $0.00 Year 3 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 4 $0.00 $0.00 $0.00 Year 3 2022T7CertVR 2022 Taser 7 Cert Bundle W/ VR 40 $35,016.48 $2,526.67 $37,543.15 Total $35,016.48 $2,526.67 $37,543.15
Aug 2025
Invoice Plan Item Description Qty Subtotal Tax Total
Year 4 20050 HOOK-AND-LOOP TRAINING (HALT) SUIT 1 $0.00 $0.00 $0.00 Year 4 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 4 $0.00 $0.00 $0.00 Year 4 2022T7CertVR 2022 Taser 7 Cert Bundle W/ VR 40 $35,016.48 $2,526.67 $37,543.15 Total $35,016.48 $2,526.67 $37,543.15
Aug 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Year 5 20050 HOOK-AND-LOOP TRAINING (HALT) SUIT 1 $0.00 $0.00 $0.00 Year 5 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 4 $0.00 $0.00 $0.00 Year 5 2022T7CertVR 2022 Taser 7 Cert Bundle W/ VR 40 $35,016.48 $2,526.67 $37,543.15 Total $35,016.48 $2,526.67 $37,543.15

Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing.

Standard Terms and Conditions
Axon Enterprise Inc. Sales Terms and Conditions
Axon Master Services and Purchasing Agreement:

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ACEIP:

The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program.

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Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote.

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Signature Date Signed
6/22/2022

CITY COUNCIL

AGENDA REPORT

MEETING DATE: July 11, 2022
TO: Mayor and City Council
FROM: Michael Salvador, Police Chief
PREPARED BY: Michael Salvador, Police Chief
SUBJECT: Public Hearing for 2022 Edward Byrne Memorial Justice Assistance Grant (JAG) Program (Police Chief Salvador)

RECOMMENDED COUNCIL ACTION
Open the public hearing and take any testimony given;
Close the public hearing;
Motion to adopt Resolution No. 3326-22, authorizing the grant application in the amount of $13,726.00 to the United States Department of Justice, Office of Justice Programs, Bureau of Justice Assistance’s 2022 Edward Byrne Memorial Justice Assistance Grant (JAG) Program; and authorizing and directing the City Manager to execute Grant Application, amendments, and all documents related to the grant, on behalf of the City, including administration, if awarded; or
Motion to approve staff's recommendation as presented.

I. BACKGROUND/ANALYSIS:

The U.S. Department of Justice (DOJ), Office of Justice Programs, Bureau of Justice Assistance (BJA) administers a federal funding program known as the Edward Byrne Memorial Justice Assistance Grant (JAG) Program to further the mission of preventing or reducing crime and violence. Applications are limited to states and units of local governments appearing on the JAG Allocation List. The JAG program is the primary provider of federal criminal justice funding to state and local jurisdictions. JAG funds support all components of the criminal justice, from multijurisdictional drug and gang task forces to crime prevention and domestic violence programs, courts, corrections, treatment, and justice information sharing initiatives. JAG funded projects may address crime through the provision of services directly to individuals and/or communities and by improving the effectiveness and efficiency of criminal justice systems, processes, and procedures. It is a requirement of the program to give the public an opportunity to comment on the use of the funds. The City receives an allocation of JAG funding based on their share of violent crime and population (weighted equally).

The City’s 2022 allocation is $13,726.00 with no local match required under the JAG Program. Past awards were used to purchase patrol room computers, UPS storage backup device for the

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

Agenda Report - Page 2

computer server supporting the CAD and, lidar, flares, evidence drying cabinet, laptops, tasers, and other gear to assist our Police Officers with law enforcement duties. This funding allows our Police Department to purchase equipment that would otherwise not be purchased due to budget limitations. Staff is recommending the 2022 JAG allocation to be used to purchase video surveillance equipment to protect police headquarters and equipment to upgrade the recently acquired mobile command post. This item satisfies a requirement of the grant program which is to allow the public to comment on how funding could be utilized.

II. FISCAL IMPACTS:

This is a 100% reimbursable grant, with no local match to the City. Once the grant is approved, staff will return for approval of a Budget Amendment to increase the appropriation in the following accounts: Police Grant Fund Special Department expense 1005-2024-6021 along with increasing revenue in JAG revenue account 1005-0000-3174. This item has been reviewed by the Finance Department.

III. LEGAL REVIEW:

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

IV. EXISTING POLICY:

This item is consistent and assists in the execution of the Police Department Strategic Plan that was introduced on April 8, 2019.

V. ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

A public hearing notice was published in the Merced Sun Star on June 28, 2022. Additionally, the public will have an 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:

Upon City Council approval, the City Manager will execute the grant application paperwork and the

Agenda Report - Page 3

Grant Coordinator will transmit the grant application paperwork to the DOJ.

Submitted by:

Michael Salvador, Police Chief
Approved by:

Lori Waterman, City Manager
Attachments:

1. Public Hearing Notice

2. resolution 22

CITY COUNCIL
OF THE

CITY OF ATWATER
RESOLUTION NO. 3326-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATWATER AUTHORIZING THE APPLICATION FOR THE 2022 EDWARD BYRNE
MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM.

WHEREAS, The United States Department of Justice, Office of Justice Programs, Bureau of Justice Assistance has made funding available under the Edward Byrne Memorial Justice Assistance Grant (JAG) Program to provide federal criminal justice funding to state and local jurisdictions supporting all components of the criminal justice system, from multijurisdictional drug and gang task forces to crime prevention and domestic violence programs, courts, corrections, treatment, and justice information sharing initiatives; and WHEREAS, JAG awards are based on a statutory formula; and WHEREAS, the City of Atwater has been allocated $13,726.00 in JAG funds for Federal fiscal year 2022; and
WHEREAS, Staff has determined a need for a security camera and mobile command post equipment.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atwater does hereby authorize the grant application to the Bureau of Justice Assistance 2022 Justice Assistance Grant (JAG) Program in the amount of $13,726.00. The City of Atwater authorizes the City Manager, Mayor, and designee’s to execute the Grant Application, and all other documents required for participation in the JAG Program, and any amendments there to on behalf of the City of Atwater.

Resolution No. 3326-22 Page 2
The foregoing resolution is hereby adopted this 11th day of July 2022.

AYES:

NOES:

ABSENT:

APPROVED:

________________________________

PAUL CREIGHTON, MAYOR
ATTEST:
_______________________________

LUCY ARMSTRONG, CITY CLERK