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HomeMy WebLinkAboutAGENDA REPORT 2024 0904 CCSA REG ITEM 10FCITY OF MOORPARK, CALIFORNIA City Council Meeting of September 4, 2024 ACTION ADOPTED RESOLUTION NO. 2024-4269. (ROLL CALL VOTE: UNANIMOUS) BY A. Hurtado. F. Consider Resolution Amending the Fiscal Year (FY) 2023/24 and 2024/25 Budgets to Reallocate the American Rescue Plan Act of 2021 (ARPA) Funds from the New Moorpark Library and a Portion of Unappropriated ARPA Funds to the New City Hall, and from Storm Drain Catch Basins and a Portion of Unappropriated ARPA Funds to Non-Stormwater Municipal Separate Storm Sewer System (MS4) Major Outfall Screening and Source Investigation Services. Staff Recommendation: Adopt Resolution No. 2024-4269, to amend the Fiscal Year 2023/24 and 2024/25 Budgets to Reallocate the American Rescue Plan Act of 2021 (ARPA) Funds from the New Library and a Portion of Unappropriated ARPA Funds to the New City Hall, and from Storm Drain Catch Basins and a Portion of Unappropriated ARPA Funds to Non-Stormwater Municipal Separate Storm Sewer System (MS4) Major Outfall Screening and Source Investigation Services. (Staff: PJ Gagajena, Assistant City Manager) (ROLL CALL VOTE REQUIRED) Item: 10.F. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: PJ Gagajena, Assistant City Manager DATE: 09/04/2024 Regular Meeting SUBJECT: Consider Resolution Amending the Fiscal Year (FY) 2023/24 and 2024/25 Budgets to Reallocate the American Rescue Plan Act of 2021 (ARPA) Funds from the New Moorpark Library and a Portion of Unappropriated ARPA Funds to the New City Hall, and from Storm Drain Catch Basins and a Portion of Unappropriated ARPA Funds to Non-Stormwater Municipal Separate Storm Sewer System (MS4) Major Outfall Screening and Source Investigation Services BACKGROUND In March 2021, the federal government passed the American Rescue Plan Act of 2021 (ARPA), a $1.9 trillion federal aid package designed to help the American people and American economy recover from the prolonged impacts of the COVID-19 pandemic. The funding package included $350 billion in direct financial relief for all state, local, tribal, and territorial governments, of which $8,701,674 was allocated to the City of Moorpark. In May 2021, the U.S. Department of the Treasury (“Treasury Department”) published an “Interim Final Rule” that provided draft guidance on the spending of ARPA funds by local governments. The Treasury Department then took public comment on the Interim Final Rule and received over 1,500 public comments. On July 28, 2021, the City Council held a special meeting to provide early direction to staff regarding the use of ARPA funds, to ensure that staff only vetted projects that the City Council indicated it had interest in funding. To help inform the City Council’s discussion, the City also conducted an online survey to gauge public opinion on how ARPA funds should be spent. While not a scientifically or statistically valid survey, the 165 responses received were likely a reasonable approximation of public opinion at the time. Item: 10.F. 113 Honorable City Council 09/04/2024 Regular Meeting Page 2 Additionally, staff created a list of dozens of potential projects for the use of ARPA funds based on the City’s Budget and Capital Improvement Program, the City Council’s Goals and Objectives, and brainstorming for types of projects that would enhance municipal services and improve the quality of life for Moorpark residents and businesses. The City Council also identified potential projects during its discussion, and the City Council ultimately provided direction on 86 potential projects. Of them, 40 projects were identified to proceed through further vetting, and 46 projects were removed from consideration. On January 6, 2022, the Treasury Department issued its Final Rule and accompanying Overview of the “Final Rule” governing the use of ARPA funds, with an effective date of April 1, 2022. The Final Rule included numerous clarifications and calculations of revenue and revenue loss for the “Revenue Replacement” spending category. Among the changes was the addition of a “Standard Allowance” of up to $10,000,000 whereby APRA fund recipients can assume a revenue loss of up to $10,000,000 without having to calculate revenue loss and without having to meet various reporting requirements to determine actual revenue loss in subsequent fiscal years. Because the City was receiving less than the $10,000,000 Standard Allowance Limit, the Final Rule enabled the City to receive all of its $8,701,674 in APRA funds in the most-flexible Revenue Replacement category. The funds could then be used for any “governmental purpose.” On February 16, 2022, the City Council adopted Resolution No. 2022-4074, by which the City elected to receive its entire ARPA allocation as Revenue Replacement, utilizing the Standard Allowance procedures in the Final Rule. This resulted in the placement of $8,701,674 into City Fund 2800. At the same meeting, the City Council appropriated $5,688,798 of the City’s ARPA funds to the Princeton Avenue Improvement Project, as part of the award of the construction contract for the project. Additionally, the City Council directed staff to proceed with the allocation of $2,012,876 in ARPA funds toward the acquisition of the new City Hall at 323 Science Drive. On September 21, 2022, the City Council formally approved the allocation of $2,012,876 in ARPA funds toward the new City Hall project. Additionally, the City Council reallocated the previously approved ARPA expenditure of $5,688,798 from the Princeton Avenue Improvement Project to the new Moorpark City Library since the library project had fewer funding options available. To backfill the Princeton Avenue project, the City Council appropriated $5,688,798 from the City-Wide Traffic Mitigation Fund instead. On March 1, 2023, the City Council allocated a portion of the remaining $1,000,000 in ARPA funds towards Scholarships for City Programs in the amount of $70,000 and Storm Drain Catch Basins in the amount of $80,000. The Scholarships for City Programs would be offered to low-income residents to offset registration costs and fees 114 Honorable City Council 09/04/2024 Regular Meeting Page 3 for various events and programs at the City’s Little Learners Academy preschool, Camp Moorpark, Arroyo Vista Recreation Center classes and youth leagues, Active Adult Center, and Moorpark City Library. The Storm Drain Catch Basins project would install approximately 110 trash control devices on storm drain catch basins, as required by the California State Water Resources Control Board. On July 5, 2023, the City Council provided direction to staff on implementing various mental health initiatives and considered the use of ARPA funds for some of these projects. On September 6, 2023, the City Council allocated a portion of the remaining $850,000 in ARPA funds towards Cope Notes Mental Health Text Messaging Services in the amount of $10,500. Cope Notes sends daily text messages to subscribers to improve mental and emotional health. The City purchased 100 free annual subscriptions from Cope Notes and offered them to residents. As of August 2024, all 100 subscriptions have been used and the free annual period ends in October 2024. After these allocations, there remains $839,500 of unappropriated ARPA funds, which may be used for “governmental purposes.” Although the Treasury Department considers the City’s entire ARPA fund allocation as revenue replacement, the City still needs to obligate these funds towards specific projects or programs. The City’s ARPA fund allocations as reported to the Treasury Department in the City’s Annual Compliance Report submitted in March 2024 is shown below: New Moorpark City Library .............................................. $5,688,798 New City Hall ................................................................... $2,012,876 Scholarships for City Programs ............................................ $70,000 Storm Drain Catch Basins .................................................... $80,000 Cope Notes Mental Health Text Messaging Services ........... $10,500 Unappropriated ARPA Funding .......................................... $839,500 Total ................................................................................ $8,701,674 DISCUSSION The Treasury Department’s Final Rule governing the use of ARPA funds states that all funds need to be obligated by December 31, 2024, and all funds be spent by December 31, 2026. The term “obligated” means that funds must be committed through a contract agreement by December 31, 2024. The City must return to the Treasury Department any funds not obligated by December 31, 2024; or any funds that are obligated by December 31, 2024, but not spent by December 31, 2026. In August 2024, City staff analyzed what ARPA funds have been obligated and expended, obligated and not expended, and what other projects could be identified for the remaining unobligated funds. Staff determined that only the New City Hall project ($2,012,876) and Cope Notes Mental Health Text Messaging Services ($10,500) have 115 Honorable City Council 09/04/2024 Regular Meeting Page 4 been obligated and fully expended as of June 30, 2024. The Scholarships for City Programs has been obligated and partially expended with $35,000 remaining for Fiscal Years (FYs) 2024/25 and 2025/26. Based on recently updated bid and contract schedules, it was determined that agreements are not guaranteed to be in place by December 31, 2024, for the new Moorpark City Library ($5,688,798) and Storm Drain Catch Basins ($80,000). Therefore, rather than risk losing these ARPA funds, staff recommends reallocating these funds to other projects that are certain to meet the obligation and expenditure deadlines. Since costs for the new City Hall project is nearly fully expended, staff recommends reallocating the new Moorpark City Library ARPA funds in the amount of $5,688,798 and a portion of the unappropriated ARPA funds in the amount of $799,500 to the new City Hall to meet both obligation and expenditure deadlines. Any funds from the General Fund and Special Projects Fund originally allocated to the new City Hall will then be reallocated to fund the new Moorpark City Library. This will be retroactively reflected in the FY 2023/24 Capital Improvement Program budget for accounting purposes. On July 17, 2024, the City Council approved a Professional Services Agreement with Rincon Consultants, Inc. in an amount not-to-exceed $192,395 for Non-Stormwater Municipal Separate Storm Sewer System (MS4) Major Outfall Screening and Source Investigation Services. Since this project is already obligated with a contract agreement in place and $120,000 of work is expected to be spent during FY 2024/25, staff recommends reallocating the Storm Drain Catch Basins ARPA funds in the amount of $80,000 and a portion of the unappropriated ARPA funds in the amount of $40,000 to this project. Any funds from the National Pollutant Discharge Elimination System (NPDES) Fund originally allocated to the MS4 Major Outfall Screening will then be reallocated to fund the Storm Drain Catch Basins project. This will be reflected in the FY 2024/25 Operating budget for accounting purposes. Below is a summary of the recommended reallocations of ARPA funds for each project: New Moorpark City Library to New City Hall .................... $5,688,798 Unappropriated ARPA Funding to New City Hall ................ $799,500 Total ................................................................................ $6,488,298 Storm Drain Catch Basins to MS4 Outfall Screening ............ $80,000 Unappropriated ARPA Funding to MS4 Outfall Screening ... $40,000 Total ................................................................................... $120,000 116 Honorable City Council 09/04/2024 Regular Meeting Page 5 As a result of these reallocations, the City’s new ARPA fund allocations are shown below: New City Hall ................................................................... $8,501,174 MS4 Outfall Screening ........................................................ $120,000 Scholarships for City Programs ............................................ $70,000 Cope Notes Mental Health Text Messaging Services ........... $10,500 Total ................................................................................ $8,701,674 ENVIRONMENTAL DETERMINATION The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment or is otherwise not considered a project as defined by CEQA Statute § 21065 and CEQA State Guidelines § 15060(c)(3) and § 15378. The appropriation of ARPA funds will not result in a change to the physical environment and therefore is not subject to CEQA. No additional environmental review is required. FISCAL IMPACT Although the City has already received $8,701,674 in ARPA funds from the federal government and the City Council’s appropriation and reallocation of these funds will have no net fiscal impact on the City, there is a fiscal impact to the associated CIPs in the transfer of funding sources. With these ARPA funds guaranteed to be obligated by the deadline of December 31, 2024, and expended by the deadline of December 31, 2026, the City will be in compliance with the Treasury Department’s Final Rule requirements and avoid having to return these funds to the federal government. 117 Honorable City Council 09/04/2024 Regular Meeting Page 6 For the FY 2023/24 CIP Budget, the new Moorpark City Library ARPA funds in the amount of $5,688,798 and a portion of the unappropriated ARPA funds in the amount of $799,500 are recommended to be reallocated to the new City Hall project for a total amount of $6,488,298. The funding sources for the new Moorpark Library in the amount of $5,688,798 will be switched to the Special Projects Fund. The savings of $799,500 for the Special Projects Fund will be used for future projects. The Budget Amendment below shows the fund transfer allocation and expenditure appropriation. FUND BALANCE ALLOCATION: Fund-Account Number Amount 2800-000-00000-33990 799,500.00$ Special Project Fund 3004-000-00000-33990 (799,500.00)$ Total -$ EXPENDITURE APPROPRIATION: Account Number Current Budget Revision Amended Budget -$ 2800-120-C0070-55400 -$ 6,488,298.00$ 6,488,298.00$ 3004-120-C0070-55400 6,920,750.00$ (6,488,298.00)$ 432,452.00$ 2800-171-C0056-55200 5,688,798.00$ (5,688,798.00)$ -$ 3004-171-C0056-55200 -$ 5,688,798.00$ 5,688,798.00$ -$ Total 12,609,548.00$ -$ 12,609,548.00$ FUND TRANSFER ALLOCATION Account Number Amount 2800-120-C0070-55400 5,617,416.68$ 3004-120-C0070-55400 (5,617,416.68)$ Total -$ Account Name CH at 323 Science Dr - Constr Bldg (ARPA Fund) CH at 323 Science Dr - Constr Bldg (Special Proj Fund) Fund Title ARPA FUND 118 Honorable City Council 09/04/2024 Regular Meeting Page 7 For the FY 2024/25 Operating Budget, the Storm Drain Catch Basins ARPA funds in the amount of $80,000 and a portion of the unappropriated ARPA funds in the amount of $40,000 are recommended to be reallocated to the MS4 Major Outfall Screening project. The Budget Amendment below shows the expenditure appropriation. Below is final ARPA fund allocation for the City of Moorpark. New City Hall ................................................................... $8,501,174 MS4 Outfall Screening ........................................................ $120,000 Scholarships for City Programs ............................................ $70,000 Cope Notes Mental Health Text Messaging Services ........... $10,500 Total ................................................................................ $8,701,674 COUNCIL GOAL COMPLIANCE This action does not support a current strategic directive. FUND BALANCE ALLOCATION: Fund-Account Number Amount 2800-000-00000-33990 40,000.00$ Total 40,000.00$ EXPENDITURE APPROPRIATION: Account Number Current Budget Revision Amended Budget -$ 2800-231-P0007-51000 80,000.00$ 40,000.00$ 120,000.00$ -$ Total 80,000.00$ 40,000.00$ 120,000.00$ Fund Title ARPA FUND 119 Honorable City Council 09/04/2024 Regular Meeting Page 8 STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED) Adopt Resolution No. 2024-____, to amend the Fiscal Year 2023/24 and 2024/25 Budgets to Reallocate the American Rescue Plan Act of 2021 (ARPA) Funds from the New Library and a Portion of Unappropriated ARPA Funds to the New City Hall, and from Storm Drain Catch Basins and a Portion of Unappropriated ARPA Funds to Non- Stormwater Municipal Separate Storm Sewer System (MS4) Major Outfall Screening and Source Investigation Services. Attachment: Draft Resolution No. 2024-____ 120 RESOLUTION NO. 2024-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, TO AMEND THE FISCAL YEAR (FY) 2023/24 CAPITAL IMPROVEMENT PROGRAM BUDGET TO TRANSFER $5,688,798 OF PREVIOUSLY APPROPRIATED ARPA FUND MONIES FROM THE NEW MOORPARK CITY LIBRARY PROJECT AND $799,500 FROM UNAPPROPRIATED ARPA FUND MONIES TO THE NEW CITY HALL PROJECT TOTALING $6,488,298; AND AMEND THE FY 2024/25 OPERATING BUDGET TO TRANSFER $80,000 OF PREVIOUSLY APPROPRIATED ARPA FUND MONIES FROM THE STORM DRAIN CATCH BASINS PROJECT AND $40,000 FROM UNAPPROPRIATED ARPA FUND MONIES TO THE MS4 OUTFALL SCREENING PROJECT TOTALING $120,000 WHEREAS, on February 16, 2022, the City Council adopted Resolution No. 2022-4074 to receive $8,701,674 in American Rescue Plan Act (ARPA) Funds as Revenue Replacement; and WHEREAS, on February 16, 2022, the City Council adopted Resolution No. 2022-4075 to appropriate $5,688,798 from the ARPA Fund (2800) to the Princeton Avenue Improvement Project; and WHEREAS, on September 21, 2022, the City Council adopted Resolution No. 2022-4133 to reallocate the previously appropriated $5,688,798 from the Princeton Avenue Improvement Project to the new Moorpark City Library, and to appropriate $2,012,876 toward the new City Hall acquisition; and WHEREAS, on March 1, 2023, the City Council adopted Resolution No. 2023- 4163 to appropriate $70,000 toward Scholarships for City Programs and $80,000 toward Storm Drain Catch Basins; and WHEREAS, on September 6, 2023, the City Council adopted Resolution No. 2023-4201 to appropriate $10,500 toward Cope Notes Mental Health Text Messaging Services; and WHEREAS, on June 19, 2024, the City Council adopted the Operating and Capital Improvement Budget for FY 2024/25; and WHEREAS, the City Council now desires to amend Resolution No. 2022-4133 to reallocate $5,688,798 of ARPA monies within the existing Fund Balance of ARPA Fund (2800) from the new Moorpark City Library Project (C0056) to the new City Hall project (C0070); and WHEREAS, the City Council now desires to appropriate $799,500 from the ARPA Fund Balance to expenditures associated with the new City Hall Project (C0070); and ATTACHMENT 121 Resolution No. 2024-___ Page 2 WHEREAS, the City Council now desires to amend Resolution No. 2023-4163 to reallocate $80,000 of ARPA monies within the existing Fund Balance of ARPA Fund (2800) from the Storm Drain Catch Basins Project to the MS4 Outfall Screening Project; and WHEREAS, the City Council now desires to appropriate $40,000 from the ARPA Fund Balance to expenditures associated with the MS4 Outfall Screening Project; and WHEREAS, Exhibit A hereof describes the above budget amendment. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A Budget Amendment to appropriate $6,488,298 and $120,000 from the ARPA Fund (2800), as more particularly described in Exhibit A, attached hereto, is hereby approved. SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 4th day of September, 2024. ________________________________ Chris R. Enegren, Mayor ATTEST: ___________________________________ Ky Spangler, City Clerk Exhibit A – Budget Amendment 122 FUND BALANCE ALLOCATION: Fund-Account Number Amount 2800-000-00000-33990 799,500.00$ Special Project Fund 3004-000-00000-33990 (799,500.00)$ Total -$ EXPENDITURE APPROPRIATION: Account Number Current Budget Revision Amended Budget -$ 2800-120-C0070-55400 -$ 6,488,298.00$ 6,488,298.00$ 3004-120-C0070-55400 6,920,750.00$ (6,488,298.00)$ 432,452.00$ 2800-171-C0056-55200 5,688,798.00$ (5,688,798.00)$ -$ 3004-171-C0056-55200 -$ 5,688,798.00$ 5,688,798.00$ -$ Total 12,609,548.00$ -$ 12,609,548.00$ FUND TRANSFER ALLOCATION Account Number Amount 2800-120-C0070-55400 5,617,416.68$ 3004-120-C0070-55400 (5,617,416.68)$ Total -$ Account Name CH at 323 Science Dr - Constr Bldg (ARPA Fund) CH at 323 Science Dr - Constr Bldg (Special Proj Fund) Fund Title ARPA FUND EXHIBIT A BUDGET AMENDMENT FOR ARPA FUNDS ALLOCATION FY 2023/2024 Resolution No. 2024-____ Page 3 123 FUND BALANCE ALLOCATION: Fund-Account Number Amount 2800-000-00000-33990 40,000.00$ Total 40,000.00$ EXPENDITURE APPROPRIATION: Account Number Current Budget Revision Amended Budget -$ 2800-231-P0007-51000 80,000.00$ 40,000.00$ 120,000.00$ -$ Total 80,000.00$ 40,000.00$ 120,000.00$ FUND TRANSFER ALLOCATION Account Number Amount Total -$ Fund Title ARPA FUND Account Name EXHIBIT A BUDGET AMENDMENT FOR ARPA FUNDS ALLOCATION FY 2024/2025 Resolution No. 2024-____ Page 4 124