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MODESTO CITY COUNCIL
www.modestogov.com
MINUTES
City of Modesto
CITY COUNCIL MEETING
Chambers, Basement Level
Tenth Street Place, 1010 10th Street
Modesto, California
Tuesday, January 11, 2022 at 5:30 PM
Roll Call – Present: Councilmembers Escutia-Braaton, Madrigal, Ricci, Wright, Zoslocki, Mayor Zwahlen
Absent: Councilmember Kenoyer
Pledge of Allegiance to the Flag
Invocation: Mark Krieger, Modesto Covenant Church
City Clerk’s Announcements:
Public Comments were received at ccmeetings, and were forwarded to all Councilmembers. Items 6 and 14 were pulled from Consent, and a request by a member of the public to speak regarding item 3
Declaration of Conflicts of Interest:
Councilmember Wright recused himself from item 24, out of abundance of caution.
Reports from Closed Session:
ACTION: (Wright/Zoslocki; 6/0; Kenoyer absent) Motion appointing Real Property Negotiators Jaylen French, Director of Community & Economic Development and Jose M.
Sanchez, City Attorney for Property: APN: 135-029-022.
City Attorney Jose Sanchez reported no other reportable action. - 2 -
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ACKNOWLEDGEMENTS AND PRESENTATIONS
1. County/Covid-19 update. (Funding Source: Not Applicable) CITY MANAGER; Joseph Lopez, 209-577-5223, [email protected] ACTION: Lori Williams, Public Health Director, and Kamlesh Kaur, Public Information Officer with Stanislaus County reported regarding Covid-19.
MISCELLANEOUS
2. Consider approving the appointment of Karen Burch as the Dryden Women’s Golf Club representative, and the reappointment of Pam Giusto as a Member-At-Large, to the City of Modesto Golf Courses Advisory Committee from January 1, 2022 through December 31, 2025. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution approving the appointment of Karen Burch as the Dryden Women’s Golf Club representative, and the reappointment of Pam Giusto as a MemberAt-Large, to the City of Modesto Golf Courses Advisory Committee from January 1, 2022 through December 31, 2025.
PRN; Laurie Smith, 209-577-5347, [email protected]
ACTION: (Wright/Escutia-Braaton; 6/0; Kenoyer absent) Resolution 2022-001 approving the appointment of Karen Burch as the Dryden Women’s Golf Club representative, and the reappointment of Pam Giusto as a Member-At-Large, to the City of Modesto Golf Courses Advisory Committee from January 1, 2022 through December 31, 2025.
3. Consider reappointing Pervez Khan and Chris Murphy for a third term, and Angela Cangiamilla for a second term, to the Modesto Convention and Visitors Bureau Board of Directors from January 1, 2022 to December 31, 2023. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution reappointing Pervez Khan and Chris Murphy for a third term, and Angela Cangiamilla for a second term, to the Modesto Convention and Visitors Bureau Board of Directors from January 1, 2022 to December 31, 2023.
PRN; Laurie Smith, 209-577-5347, [email protected]
ACTION: (Wright/Zoslocki; 6/0; Kenoyer absent) Resolution 2022-002 reappointing Pervez Khan and Chris Murphy for a third term, and Angela Cangiamilla for a second term, to the Modesto Convention and Visitors Bureau Board of Directors from January 1, 2022 to December 31, 2023.
PUBLIC COMMENT PERIOD
John Dinan from County Commission on Aging, spoke regarding the need for low income senior housing,
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Joyce Gandelman from the County Commission on Aging also spoke in support of the need for low income subsidized housing for seniors. She expressed concerns that the housing workshop presented by Opticos had no mention and no planning for low income subsidized housing for seniors.
Emerson Drake spoke regarding Covid presentation, and emphasized that 9 out of 10 people dying from Covid are unvaccinated. He also spoke regarding housing prices and sewer rates. He also spoke regarding when and where the meetings for the Charter Review recommendations are being held. He also spoke regarding mask mandates, and expressed his appreciation that the Councilmembers and staff were wearing masks. Jeremiah Williams spoke regarding a Martin Luther King celebration on Monday at Christian Love Baptist Church, he also noted there will be a presentation of a Peace Award to Officer Michael Rokaitis.
Ramon Rodriguez spoke regarding the need for affordable housing. He also spoke regarding homelessness in Modesto and spoke in support of safe parking program, and re-opening a tent city. He also spoke regarding Municipal golf course being a mixture of recreational space and affordable housing.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS 4-5, 7-13, 15-22: (Wright/Ricci; 6/0; Kenoyer absent) Item 6 and 14 were removed from Consent
CONSENT ITEMS
Consent
4. Consider approving the minutes from the December 14, 2021 Council Meeting. (Funding Source: Not Applicable)
Motion approving the minutes from the December 14, 2021 Council Meeting CITY CLERK; Dana Sanchez, 209-577-5396, [email protected] ACTION: (Wright/Ricci; 6/0; Kenoyer absent) Motion approving the minutes from the December 14, 2021 Council Meeting
Consent
5. Consider approving a resolution continuing to authorize remote teleconference meetings pursuant to Assembly Bill 361. (Funding Source: Not Applicable) Resolution continuing to authorize remote teleconference meetings of the City of Modesto pursuant to Assembly Bill 361.
CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected] ACTION: (Wright/Ricci; 6/0; Kenoyer absent) Resolution 2022-003 continuing to authorize remote teleconference meetings of the City of Modesto pursuant to Assembly Bill 361.
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Removed from Consent
6. Consider approving a Loan Agreement and Loan from the City to the Successor Agency to fund a Settlement Agreement regarding Civic Partners Modesto, Inc. (Funding Source: General Fund and RPTTF Fund)
Resolution approving a Loan Agreement and Loan to the City of Modesto Redevelopment Successor Agency in the amount of $300,000 pursuant to Health and Safety Code Section 34173(h)(1), and authorizing the City Manager, or his designee to execute the loan Agreement.
CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected] ACTION: (Wright/Zwahlen; 6/0; Kenoyer absent) Resolution 2022-004 approving a Loan Agreement and Loan to the City of Modesto Redevelopment Successor Agency in the amount of $300,000 pursuant to Health and Safety Code Section 34173(h)(1), and authorizing the City Manager, or his designee to execute the loan Agreement.
Consent
7. Consider approving the recommended budget adjustments to Fiscal Year 2021-22 Annual Operating and Capital Improvement Program Budgets. (Funding Source:
Various Funds)
Resolution amending the Fiscal Year 2021-22 Annual Operating and Capital Improvement Project Fund Budgets and authorizing the City Manager, to take the necessary steps to implement the provisions of this resolution.
BUDGET; Steve Christensen, 209-577-5390, [email protected] ACTION: (Wright/Ricci; 6/0; Kenoyer absent) Resolution 2022-005 amending the Fiscal Year 2021-22 Annual Operating and Capital Improvement Project Fund Budgets and authorizing the City Manager, to take the necessary steps to implement the provisions of this resolution.
Consent
8. Consider approving the “upstreaming“ of the remaining Emergency Rental Assistance Program (ERAP) 1 funds to the US Treasury to be reallocated to the State of California with a designation for Modesto residents in the amount of $2,327,945. (Funding Source: US Treasury ERAP1 Funds)
Resolution approving the “upstreaming“ of the remaining Emergency Rental Assistance Program (ERAP) 1 funds to the US Treasury to be reallocated to the State of California with a designation for Modesto residents in the amount of $2,327,945 and authorizing the City Manager or his designee, to execute any documents related to the purpose of this resolution.
Resolution amending the fiscal year 2021-2022 multi-year fund budget, reducing the allocation of Consolidated Appropriations Act of 2021 funds from the U.S. Department of Treasury with appropriate revenue and expenditure allocations and authorizing the City Manager, or his designee, to return the Federal Emergency Rental Assistance (ERA) #1 funding received on January 25, 2021, in an amount of $2,327,945, to the U.S. Treasury and authorizing the - 5 -
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City Manager or his designee, to take the necessary steps to implement the provisions of this resolution.
Resolution amending the fiscal year 2021-2022 multi-year fund budget, amending the allocation of American Rescue Plan Act of 2021 funds from the Department of Housing and Community Development with appropriate revenue and expenditure allocations and authorizing the City Manager, or his designee, to accept the State Emergency Rental Assistance (ERA) 2 funding received on November 23, 2021, in the amount of $60,751, and authorizing the City Manager or his designee, to take the necessary steps to implement the provisions of this resolution.
CED; Jessica Hill, 209-577-5321, [email protected]
ACTION: (Wright/Ricci; 6/0; Kenoyer absent) Resolution 2022-006 approving the “upstreaming“ of the remaining Emergency Rental Assistance Program (ERAP) 1 funds to the US Treasury to be reallocated to the State of California with a designation for Modesto residents in the amount of $2,327,945 and authorizing the City Manager or his designee, to execute any documents related to the purpose of this resolution.
ACTION: (Wright/Ricci; 6/0; Kenoyer absent) Resolution 2022-007 amending the fiscal year 2021-2022 multi-year fund budget, reducing the allocation of Consolidated Appropriations Act of 2021 funds from the U.S. Department of Treasury with appropriate revenue and expenditure allocations and authorizing the City Manager, or his designee, to return the Federal Emergency Rental Assistance (ERA) #1 funding received on January 25, 2021, in an amount of $2,327,945, to the U.S. Treasury and authorizing the City Manager or his designee, to take the necessary steps to implement the provisions of this resolution.
ACTION: (Wright/Ricci; 6/0; Kenoyer absent) Resolution 2022-008 amending the fiscal year 2021-2022 multi-year fund budget, amending the allocation of American Rescue Plan Act of 2021 funds from the Department of Housing and Community Development with appropriate revenue and expenditure allocations and authorizing the City Manager, or his designee, to accept the State Emergency Rental Assistance (ERA) 2 funding received on November 23, 2021, in the amount of $60,751, and authorizing the City Manager or his designee, to take the necessary steps to implement the provisions of this resolution.
Consent
9. Consider approving a Will Serve Letter and Outside Service Agreement for sewer service for the property located at 1009 Chicago Avenue (APN: 030-018-015). (Funding Source: Sewer Fund and General Fund)
Resolution approving a Will Serve Letter and Outside Service Agreement between the City of Modesto and Francisco Aquilar, and Maria R. Aquilar, Trustees of the Francisco and Maria R. Aquilar Trust, to connect to the City of Modesto’s existing sewer system for the property located at 1009 Chicago Avenue in Modesto (APN: 030-018-015), and authorizing the City Manager, or his designee, to sign the Will Serve Letter and execute the Outside Service Agreement.
CED; Nathan Bray, 209-571-5542, [email protected]
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ACTION: (Wright/Ricci; 6/0; Kenoyer absent) Resolution 2022-009 approving a Will Serve Letter and Outside Service Agreement between the City of Modesto and Francisco Aquilar, and Maria R. Aquilar, Trustees of the Francisco and Maria R. Aquilar Trust, to connect to the City of Modesto’s existing sewer system for the property located at 1009 Chicago Avenue in Modesto (APN: 030-018-015), and authorizing the City Manager, or his designee, to sign the Will Serve Letter and execute the Outside Service Agreement.
Consent
10. Consider approving a Memorandum of Understanding (MOU) with Stanislaus Council of Governments for suballocation of Regional Early Action Planning grant program funds, and amending Fiscal Year 2021-22 Non-Capital project #100838 – Modesto General Plan Update in the amount of $161,956 to fund certain housing-related work associated with the comprehensive General Plan update. (Funding Source: State of California Regional Early Action Planning (REAP) Grant Funds through Stanislaus Council of Governments)
Resolution approving a Memorandum of Understanding with Stanislaus Council of Governments for suballocation of Regional Early Action Planning Grant Program funds; and authorizing the City Manager, or his designee to sign the Memorandum of Understanding.
Resolution amending Fiscal Year 2021-22 Non-Capital project #100838 – Modesto General Plan Update in the amount of $161,956 to recognize the Regional Early Action Planning (REAP) grant and fund certain housing-related work associated with the comprehensive General Plan update; and authorizing the City Manager, or his designee, to implement the provisions of this resolution.
CED; Brad Wall, 209-577-5273, [email protected]
ACTION: (Wright/Ricci; 6/0; Kenoyer absent) Resolution 2022-010 approving a Memorandum of Understanding with Stanislaus Council of Governments for suballocation of Regional Early Action Planning Grant Program funds; and authorizing the City Manager, or his designee to sign the Memorandum of Understanding.
ACTION: (Wright/Ricci; 6/0; Kenoyer absent) Resolution 2022-011 amending Fiscal Year 2021-22 Non-Capital project #100838 – Modesto General Plan Update in the amount of $161,956 to recognize the Regional Early Action Planning (REAP) grant and fund certain housing-related work associated with the comprehensive General Plan update; and authorizing the City Manager, or his designee, to implement the provisions of this resolution.
Consent
11. Consider accepting an informational report for the November 2021 Accounts Payable Payment Register and Void report. (Funding Source: Not Applicable) Motion accepting an informational report for the November 2021 Accounts Payable Payment Register and Void report.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
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ACTION: (Wright/Ricci; 6/0; Kenoyer absent) Motion accepting an informational report for the November 2021 Accounts Payable Payment Register and Void report.
Consent
12. Consider accepting the Monthly Investment Report for October 2021. (Funding Source: Various Funds)
Motion accepting the Monthly Investment Report for October 2021.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
ACTION: (Wright/Ricci; 6/0; Kenoyer absent) Motion accepting the Monthly Investment Report for October 2021.
Consent
13. Consider accepting an actuarial valuation report of other post-employment benefits (OPEB) as of the measurement date June 30, 2020 pursuant to updated financial reporting and accounting requirements from the Governmental Accounting Standards Board (GASB) Statements 74 and 75. (Funding Source: Not Applicable) Resolution accepting an actuarial valuation report of other post-employment benefits (OPEB) as of June 30, 2020 pursuant to updated financial reporting and accounting requirements from the Governmental Accounting Standards Board (GASB) Statements 74 and 75.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
ACTION: (Wright/Ricci; 6/0; Kenoyer absent) Resolution 2022-012 accepting an actuarial valuation report of other post-employment benefits (OPEB) as of June 30, 2020 pursuant to updated financial reporting and accounting requirements from the Governmental Accounting Standards Board (GASB) Statements 74 and 75.
Removed from Consent
14. Consider approving an amendment to the Purchasing Agreements with Affinitech, Chanhassen, MN, by increasing the annual estimated amount by $150,000 for a new revised total of $250,000; and decreasing the annual estimated amount with EyeP Solutions, Cameron Park, CA, by $50,000 for a new revised total of $75,000; and decreasing the annual estimated amount with Intellisite, Ceres, CA by $100,000 for a new revised total of $25,000 for cameras, LPRs, accessories and camera licensing for a total estimated annual cost of $350,000 and a total combined cost not to exceed $1,750,000 over five years; and authorizing the Director of Finance to adjust agreement totals between vendors based on contractor’s availability and department’s needs, ensuring the combined total cost does not change. (Funding Source: Supplemental Law Enforcement Services Fund (SLESF), Byrne Justice Assistance Grants (BJAG), Utilities Funds, Traffic Safety Fund and Modesto Police Department General Fund) Resolution approving an amendment to the Purchasing Agreements with Affinitech, Chanhassen, MN, by increasing the annual estimated amount by - 8 -
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$150,000 for a new revised total of $250,000; and decreasing the annual estimated amount with EyeP Solutions, Cameron Park, CA, by $50,000 for a new revised total of $75,000; and decreasing the annual estimated amount with Intellisite, Ceres, CA by $100,000 for a new revised total of $25,000 for cameras, LPRs, accessories and camera licensing for a total estimated annual cost of $350,000 and a total combined cost not to exceed $1,750,000 over five years; and authorizing the Director of Finance to adjust agreement totals between vendors based on contractor’s availability and Department’s needs, ensuring the combined total cost does not change and authorizing the Director of Finance, or her designee, to execute the amendments, and authorizing the Director of Finance, or her designee, to execute the amendments.
FINANCE DEPARTMENT; Cynthia Kline, 209-577-5412, [email protected] ACTION: (Wright/Zoslocki; 6/0; Kenoyer absent) Resolution 2022-013 approving an amendment to the Purchasing Agreements with Affinitech, Chanhassen, MN, by increasing the annual estimated amount by $150,000 for a new revised total of $250,000; and decreasing the annual estimated amount with EyeP Solutions, Cameron Park, CA, by $50,000 for a new revised total of $75,000; and decreasing the annual estimated amount with Intellisite, Ceres, CA by $100,000 for a new revised total of $25,000 for cameras, LPRs, accessories and camera licensing for a total estimated annual cost of $350,000 and a total combined cost not to exceed $1,750,000 over five years; and authorizing the Director of Finance to adjust agreement totals between vendors based on contractor’s availability and Department’s needs, ensuring the combined total cost does not change and authorizing the Director of Finance, or her designee, to execute the amendments, and authorizing the Director of Finance, or her designee, to execute the amendments.
Consent
15. Consider approving the award of bids for two new additions in the amount of $95,206 and ten City Fleet Replacements for Modesto Police Department (MPD) in the amount of $407,990. (Funding Source: Fleet Replacement Fund, Police Grants Fund) Resolution approving the award of bid for the purchase of two passenger vans to Napa Ford, Napa, CA for a total amount not to exceed $95,206, and authorizing the Purchasing Manager, or her designee, to execute the Purchase Order.
Resolution approving the award of bid for the purchase of six Ford Police Interceptors to Tracy Ford, Tracy, CA for a total amount not to exceed $241,425, and authorizing the Purchasing Manager, or her designee, to execute the Purchase Order.
Resolution approving the award of bid for the purchase of four Ford Responders to Napa Ford, Napa, CA for a total amount not to exceed $166,564, and authorizing the Purchasing Manager, or her designee, to execute the Purchase Order.
FINANCE DEPARTMENT; Cynthia Kline, 209-577-5412, [email protected] ACTION: (Wright/Ricci; 6/0; Kenoyer absent) Resolution 2022-014 approving the award of bid for the purchase of two passenger vans to Napa Ford, Napa, CA for a total amount not - 9 -
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to exceed $95,206, and authorizing the Purchasing Manager, or her designee, to execute the Purchase Order.
ACTION: (Wright/Ricci; 6/0; Kenoyer absent) Resolution 2022-015 approving the award of bid for the purchase of six Ford Police Interceptors to Tracy Ford, Tracy, CA for a total amount not to exceed $241,425, and authorizing the Purchasing Manager, or her designee, to execute the Purchase Order.
ACTION: (Wright/Ricci; 6/0; Kenoyer absent) Resolution 2022-016 approving the award of bid for the purchase of four Ford Responders to Napa Ford, Napa, CA for a total amount not to exceed $166,564, and authorizing the Purchasing Manager, or her designee, to execute the Purchase Order.
Consent
16. Consider amending the Position Allocation Plan in two departments: Unfreezing one Captain, one Sergeant, and three Community Service Officers in the Police Department; and reallocating one Senior Software Analyst to one Senior Systems Technician in the Information Technology Department and amending the Fiscal Year 2021-22 Operating Budget in the amount of $357,525 to fund one Captain, one Sergeant, and three Community Service Officers in the General Fund from SR911 and SASA savings. (Funding Source: Various Funds)
Resolution amending the Position Allocation for Fiscal Year 2021-22 as adopted in the Operating Budget.
Resolution amending the Fiscal Year 2021-22 Operating Budget in the amount of $357,525 to fund the unfreezing of one Captain, one Sergeant, and three Community Service Officers in the general fund field operations cost center (0100-19320).
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] ACTION: (Wright/Ricci; 6/0; Kenoyer absent) Resolution 2022-017 amending the Position Allocation for Fiscal Year 2021-22 as adopted in the Operating Budget.
ACTION: (Wright/Ricci; 6/0; Kenoyer absent) Resolution 2022-018 amending the Fiscal Year 2021-22 Operating Budget in the amount of $357,525 to fund the unfreezing of one Captain, one Sergeant, and three Community Service Officers in the general fund field operations cost center (0100-19320).
Consent
17. Consider approving the plans and specifications for the Ralston Tower Park Project, accepting the bid and awarding a contract to Taylor Backhoe Service, Inc. DBA TBS Contractors of Merced, CA in the amount of $897,100 and authorizing the Director of Utilities to approve change orders up to the cumulative amount of $89,710 (10% of the original contract price) if needed for a total amount not to exceed $986,810; accepting grant award in the amount of $550,000 from California State Parks, Land and Water Conservation Fund; and amending the Fiscal Year 21/22 Capital Improvement Program Budget. (Funding Source: Community Development Block Grant Funds and - 10 -
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Land and Water Conservation Fund Grant Funds)
Resolution approving the plans and specifications for the Ralston Tower Park Project, accepting the bid and awarding a contract to Taylor Backhoe Service, Inc. DBA TBS Contractors of Merced, CA in the amount of $897,100 and authorizing the Director of Utilities to approve change orders up to the cumulative amount of $89,710 (10% of the original contract price) if needed for a total amount not to exceed $ 986,810 and authorizing the City Manager, or his designee to execute the Agreement.
Resolution accepting grant award in the amount of $550,000 from California State Parks, Land and Water Conservation Fund.
Resolution amending the Fiscal Year 2021/22 Capital Improvement Program (CIP) Budget, Project 100866 in the amount of $550,000 to recognize the Land and Water Conservation Fund grant and fund the Senior Playground 2014 project construction; and authorizing the City Manager, or his designee, to implement the provisions of this resolution.
PRN; Nathan Houx, 209-571-5526, [email protected]
ACTION: (Wright/Ricci; 6/0; Kenoyer absent) Resolution 2022-019 approving the plans and specifications for the Ralston Tower Park Project, accepting the bid and awarding a contract to Taylor Backhoe Service, Inc. DBA TBS Contractors of Merced, CA in the amount of $897,100 and authorizing the Director of Utilities to approve change orders up to the cumulative amount of $89,710 (10% of the original contract price) if needed for a total amount not to exceed $ 986,810 and authorizing the City Manager, or his designee to execute the Agreement.
ACTION: (Wright/Ricci; 6/0; Kenoyer absent) Resolution 2022-020 accepting grant award in the amount of $550,000 from California State Parks, Land and Water Conservation Fund.
ACTION: (Wright/Ricci; 6/0; Kenoyer absent) Resolution 2022-021 amending the Fiscal Year 2021/22 Capital Improvement Program (CIP) Budget, Project 100866 in the amount of $550,000 to recognize the Land and Water Conservation Fund grant and fund the Senior Playground 2014 project construction; and authorizing the City Manager, or his designee, to implement the provisions of this resolution.
Consent
18. Consider approving the competitive bidding process from OMNIA, Charlotte, NC with Playcore Wisconsin, Inc., DBA Gametime of Spring Lake, NJ, for Playground and Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services at Revard Park, for a cost not to exceed $58,457. (Funding Source: California State Parks Grant and Parks Fund)
Resolution approving the competitive bidding process from OMNIA, Charlotte, NC with Playcore Wisconsin, Inc DBA Gametime of Spring Lake, NJ, for Playground and Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services at Revard Park, for a cost not to exceed $58,457; and authorizing the Purchasing Manager, or her designee, to issue the purchase order.
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PRN; Nathan Houx, 209-571-5526, [email protected]
ACTION: (Wright/Ricci; 6/0; Kenoyer absent) Resolution 2022-022 approving the competitive bidding process from OMNIA, Charlotte, NC with Playcore Wisconsin, Inc DBA Gametime of Spring Lake, NJ, for Playground and Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services at Revard Park, for a cost not to exceed $58,457; and authorizing the Purchasing Manager, or her designee, to issue the purchase order.
Consent
19. Consider approving the amended Bylaws for the Golf Courses Advisory Committee. (Funding Source: Golf Fund)
Resolution approving the amended Bylaws for the Golf Courses Advisory Committee.
PRN; Laurie Smith, 209-577-5347, [email protected]
ACTION: (Wright/Ricci; 6/0; Kenoyer absent) Resolution 2022-023 approving the amended Bylaws for the Golf Courses Advisory Committee.
Consent
20. Consider authorizing payment of an insurance deductible in the amount of $100,000 to Belfor Property Restoration, Modesto, CA for the Creekside Golf Clubhouse Fire Repair. (Funding Source: Golf Fund)
Resolution authorizing payment of an insurance deductible in the amount of $100,000 to Belfor Property Restoration, Modesto, CA for the Creekside Golf Clubhouse Fire Repair and authorizing the City Manager, or his designee, to issue the payment and execute the Agreement.
PRN; Laurie Smith, 209-577-5347, [email protected]
ACTION: (Wright/Ricci; 6/0; Kenoyer absent) Resolution 2022-024 authorizing payment of an insurance deductible in the amount of $100,000 to Belfor Property Restoration, Modesto, CA for the Creekside Golf Clubhouse Fire Repair and authorizing the City Manager, or his designee, to issue the payment and execute the Agreement.
Consent
21. Consider approving the First Amendment increasing the Agreement amount with Van De Pol Petroleum, Stockton, CA, for Renewable Diesel and Bulk Fuel services by $1,480,796 from $1,270,000 to a new total amount of $2,750,796 annually and a total revised amount from $6,350,000 not to exceed $12,273,184 over the total term of contract, and authorizing the Director of Finance to adjust locations based on an as needed basis, ensuring the combined total cost does not change. (Funding Source:
Various Funds)
Resolution approving the First Amendment increasing the Agreement amount with Van De Pol Petroleum, Stockton, CA, for Renewable Diesel and Bulk Fuel services by $1,480,796 from $1,270,000 to a new total amount of $2,750,796 annually and a total revised amount from $6,350,000 not to exceed $12,273,184 - 12 -
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over the total term of the Agreement, and authorizing the Director of Finance to adjust locations based on an as needed basis, ensuring the combined total cost does not change and authorizing the Director of Finance, or her designee, to execute the amendment.
PUBLIC WORKS; Steve Fischio, 209-342-2222, [email protected] ACTION: (Wright/Ricci; 6/0; Kenoyer absent) Resolution 2022-025 approving the First Amendment increasing the Agreement amount with Van De Pol Petroleum, Stockton, CA, for Renewable Diesel and Bulk Fuel services by $1,480,796 from $1,270,000 to a new total amount of $2,750,796 annually and a total revised amount from $6,350,000 not to exceed $12,273,184 over the total term of the Agreement, and authorizing the Director of Finance to adjust locations based on an as needed basis, ensuring the combined total cost does not change and authorizing the Director of Finance, or her designee, to execute the amendment.
Consent
22. Consider approving a First Amendment to the Consultant Agreement with Slate Communications, for Interim Public Relations Consultant Services and Communications and Outreach Support for the Utilities Department, and increasing the amount by $90,000 from $50,000 to a new total amount not to exceed $140,000. (Funding Source: General Fund, Water and Wastewater Funds & Various Departmental Funds)
Resolution approving a First Amendment to the Consultant Agreement with Slate Communications, for Interim Public Relations Consultant Services and Communications and Outreach Support for the Utilities Department, and increasing the amount by $90,000 from $50,000 to a new total amount not to exceed $140,000, and authorizing the City Manager, or his designee, to execute the amendment.
UTILITIES; William Wong, 209-571-5801, [email protected] ACTION: (Wright/Ricci; 6/0; Kenoyer absent) Resolution 2022-026 approving a First Amendment to the Consultant Agreement with Slate Communications, for Interim Public Relations Consultant Services and Communications and Outreach Support for the Utilities Department, and increasing the amount by $90,000 from $50,000 to a new total amount not to exceed $140,000, and authorizing the City Manager, or his designee, to execute the amendment.
COUNCIL COMMENTS & REPORTS
Councilmember Wright spoke regarding a citizen whose bike was stolen over the Christmas holidays, and he was pleased to see how the community came together to help this citizen. He also spoke regarding the one year anniversary of the new Councilmembers and Mayor, and looking forward to the upcoming year and the challenges ahead of them, but is optimistic about the future.
Councilmember Ricci spoke regarding reflecting back on the first year as a Councilmember. He spoke regarding the issues he's received from constituents including - 13 -
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calls for forestry issue, homelessness, roads, dumping, park issues, business violations, housing and squatting. He also gave kudo's to Police Department for good strategy and leadership.
Councilmember Madrigal thanked the Public Works Department who responded to the GoModesto complaints made regarding dumping and code violations. He also asked for a report back on the video surveillance cameras update of illegal dumping.
CITY MANAGER COMMENTS & REPORTS
None
HEARINGS
Published in the Modesto Bee on December 31, 2021
23. Hearing to consider the application of Provident Senior Solutions, Inc and issuing this entity a permit to operate as non-emergency medical transport services in the City of Modesto. (Funding Source: General Fund)
Resolution accepting the application of Provident Senior Solutions, Inc. and authorizing the issuance of a permit to operate as a non-emergency medical transport company in the City of Modesto.
POLICE DEPARTMENT; Brandon Gillespie, 209-572-9500,
[email protected]
ACTION: (Wright/Madrigal; 6/0; Kenoyer absent) Resolution 2022-027 accepting the application of Provident Senior Solutions, Inc. and authorizing the issuance of a permit to operate as a non-emergency medical transport company in the City of Modesto.
NEW BUSINESS
24. Consider approving the City of Modesto’s Homekey 2.0 Project Application for the project located at 1208 9th Street, authorizing the City Manager, or his designee, to submit the application, applicable documentation, and provide technical alterations, as required by HCD as well as negotiate and execute any related program Agreements or documents required for the implementation and acceptance of Homekey 2.0 Program Grant., as required by HCD, approving a loan for the Center for Human Services in an amount up to $500,000 in Permanent Local Housing Allocation Funds to assist with the rehabilitation of 1208 9th Street, , and amending the fiscal year 2021-2022 multiyear fund budget to establish a project for the Homekey 2.0 program as well as to transfer $550,000 from fund (1120) – grants – PLHA Program to Homekey 2.0 project. (Funding Source: Homekey 2.0 Funds and Permanent Local Housing Allocation Funds)
Resolution approving the City of Modesto’s Homekey 2.0 Project Application for the project located at 1208 9th Street, authorizing the City Manager, or his designee, to submit the application, applicable documentation, and provide technical alterations, as required by the State of California Housing and Community Development (HCD) as well as negotiate and execute any related - 14 -
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program Agreements or documents required for the implementation and acceptance of Homekey 2.0 Program Grant and authorizing the City Manager or his designee to execute any documents in the execution of this Resolution. Resolution of the Governing body of the City of Modesto authorizing joint application to and participation in the Homekey Program. Resolution approving a loan for Center for Human Services in an amount up to $500,000 in Permanent Local Housing Allocation Funds to assist with the rehabilitation of 1208 9th Street, and authorizing the City Manager or his designee to execute the Agreements.
Resolution amending the fiscal year 2021-2022 multi-year fund budget to establish a project for the Homekey 2.0 program to be funded with Permanent Local Housing Allocation program grants and authorizing the City Manager or his designee, to take the necessary steps to implement the provisions of this resolution.
Resolution amending the fiscal year 2021-2022 multi-year fund budget to transfer $550,000 from fund (1120) – Grants – PLHA Program to Homekey 2.0 project and authorizing the City Manager or his designee, to take the necessary steps to implement the provisions of this resolution.
CED; Jessica Hill, 209-577-5321, [email protected]
ACTION: (Madrigal/Ricci; 5/0; Kenoyer absent; Wright recused) Resolution 2022-028 approving the City of Modesto’s Homekey 2.0 Project Application for the project located at 1208 9th Street, authorizing the City Manager, or his designee, to submit the application, applicable documentation, and provide technical alterations, as required by the State of California Housing and Community Development (HCD) as well as negotiate and execute any related program Agreements or documents required for the implementation and acceptance of Homekey 2.0 Program Grant and authorizing the City Manager or his designee to execute any documents in the execution of this Resolution.
ACTION: (Madrigal/Ricci; 5/0; Kenoyer absent; Wright recused) Resolution 2022-029 of the Governing body of the City of Modesto authorizing joint application to and participation in the Homekey Program.
ACTION: (Madrigal/Ricci; 5/0; Kenoyer absent; Wright recused) Resolution 2022-030 approving a loan for Center for Human Services in an amount up to $500,000 in Permanent Local Housing Allocation Funds to assist with the rehabilitation of 1208 9th Street, and authorizing the City Manager or his designee to execute the Agreements.
ACTION: (Madrigal/Ricci; 5/0; Kenoyer absent; Wright recused) Resolution 2022-031 amending the fiscal year 2021-2022 multi-year fund budget to establish a project for the Homekey 2.0 program to be funded with Permanent Local Housing Allocation program grants and authorizing the City Manager or his designee, to take the necessary steps to implement the provisions of this resolution.
ACTION: (Madrigal/Ricci; 5/0; Kenoyer absent; Wright recused) Resolution 2022-032 amending the fiscal year 2021-2022 multi-year fund budget to transfer $550,000 from fund - 15 -
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(1120) – Grants – PLHA Program to Homekey 2.0 project and authorizing the City Manager or his designee, to take the necessary steps to implement the provisions of this resolution.
25. Consider approving a Professional Services Agreement with Public Agency Retirement Services (PARS), Newport Beach, CA for a three-year Agreement with four one-year extensions to provide administrative and management services of a Section 115 Trust for an amount determined based on the fee schedule defined under Exhibit A and funding a Pension Trust in the amount of $2,345,594 and an OPEB Trust in the amount of $1,387,280 and amending the Fiscal Year 2021-22 annual operating budget to transfer funds in the amount of $2,345,594 and $1,387,280 from various funds to the employee benefits fund. (Funding Source: Various Funds) Resolution approving Professional Services Agreement with Public Agency Retirement Services (PARS), Newport Beach, CA, to provide Trust Administration Services for a three-year contract with four one-year extension options for a potential seven-year Agreement at the sole discretion of the City, in an amount based on the fee structure defined under Exhibit A, and authorizing the City Manager, or his designee, to execute the Agreement. Resolution amending the Fiscal Year 2021-22 annual operating budget to transfer funds in the amount of $2,345,594 and $1,387,280 from various funds to the employee benefits fund to establish the Unfunded Accrued Liability (UAL) Trust Fund contribution and the Other Post-Employment Benefits Liability Trust Fund contribution and authorizing the City Manager, to take the necessary steps to implement the provisions of this resolution.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] ACTION: (Wright/Escutia-Braaton; 6/0; Kenoyer absent) Resolution 2022-033 approving Professional Services Agreement with Public Agency Retirement Services (PARS), Newport Beach, CA, to provide Trust Administration Services for a three-year contract with four oneyear extension options for a potential seven-year Agreement at the sole discretion of the City, in an amount based on the fee structure defined under Exhibit A, and authorizing the City Manager, or his designee, to execute the Agreement.
ACTION: (Wright/Escutia-Braaton; 6/0; Kenoyer absent) Resolution 2022-034 amending the Fiscal Year 2021-22 annual operating budget to transfer funds in the amount of $2,345,594 and $1,387,280 from various funds to the employee benefits fund to establish the Unfunded Accrued Liability (UAL) Trust Fund contribution and the Other Post-Employment Benefits Liability Trust Fund contribution and authorizing the City Manager, to take the necessary steps to implement the provisions of this resolution.
MATTERS TOO LATE FOR THE AGENDA
None
ADJOURNMENT
This meeting adjourned at 7:23 P.M.
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CLOSED SESSION
Please take notice that a special Closed Session meeting of the Council of the City of Modesto has been called pursuant to Section 2-1.02 of the Modesto Municipal Code to be convened on TUESDAY, JANUARY 11, 2022, at 4:30 P.M.
and after the regularly scheduled meeting in the Tenth Street Place, Chambers Conference Room, Basement Level, 1010 Tenth Street, Modesto, California.
Any and all of the following agenda items are subject to action being taken by the Modesto City Council.
The business to be considered at said City Council meeting shall consist of a Closed Session concerning the following:
CLOSED SESSION
1. Consider appointing Real Property Negotiators Jaylen French, Director of Community & Economic Development and Jose M. Sanchez, City Attorney for Property: APN: 135-029-022.
Motion appointing Real Property Negotiators Jaylen French, Director of Community & Economic Development and Jose M. Sanchez, City Attorney for Property: APN: 135-029-022.
City Attorney, Jose M. Sanchez, 577-5284, [email protected] CONFERENCE WITH REAL PROPERTY NEGOTIATORS:
(Pursuant to Section 54956.8 of the Government Code)
Property: 4125 Sisk Road, Modesto CA 95356 – APN 135-029-022 Property Owners: Kimberly Anne Soranno, Trustee of the Leonard J. Soranno Marital Trust
Negotiating Parties:
For City: Jaylen French, Director of Community & Economic Development Jose M. Sanchez, City Attorney
For Owner: Mr. Arnold J. Wolf – Freeman Firm
Under Negotiation: Price and Terms
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Two Cases (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: Civic Partners Modesto, Inc. v. City of Modesto Redevelopment - 17 -
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Successor Agency
Stanislaus County Superior Court
Case No. 9000266
Peltier v. City of Modesto
Superior Court of California, County of Stanislaus
Stanislaus County Case No. 2022652
ACTION: (Wright/Zoslocki; 6/0; Kenoyer absent) Motion appointing Real Property Negotiators Jaylen French, Director of Community & Economic Development and Jose M.
Sanchez, City Attorney for Property: APN: 135-029-022.
Attest:____________________________
Dana Sanchez, Interim City Clerk