w. Make presentations and/or provide training at City Council Meetings, Transportation Ad-hoc Meetings and other meetings on an as needed basis.
On August 13, 2019, by Resolution No. 2019-369, Council approved an Agreement with Willdan, Inc. for Traffic Engineering Services in an amount not to exceed $145,000 for up to one year. Willdan provided a Traffic Engineering consultant to be available 28 hours a week to help ensure that current CIP projects will remain on schedule, provide guidance on complaints/issues, and provide technical support.
On October 27, 2020, by Resolution No. 2020-442, Council approved the First Amendment increasing the agreement amount with Willdan, Inc., for Traffic Engineering services by $60,000 from $145,000 to a new total not to exceed amount of $205,000, and extending the term of the agreement from one year to two years with a one-year extensions. This First Amendment was needed to extend the contract an additional year and provide a third-year option.
DISCUSSION:
The City of Modesto is currently using Willdan, Inc. to provide engineering expertise and assistance to the Traffic Engineering Division since the retirement of the Traffic Engineer in July 2019. Willdan has already assisted the Traffic Division to secure five projects totaling $1.7 million in Congestion Mitigation and Air Quality (CMAQ) Grants and also assisted the City to submit three Highway Safety Improvement Program (HSIP) Grant Applications totaling over $1 million dollars.
The current total cost invoiced from Willdan is $163,743 over an 18-month period which averages $9,097 a month. Of that, a total of $81,004 was billed to CIP project accounts, while the remaining $82,739 was billed to the Traffic Engineering cost center under professional services.
With only $11,257 remaining to date, staff is recommending a Second Amendment to increase their contract amount by $50,000.
The needed increase comes from the Upgrade Advanced Traffic Management System (ATMS) Project (101192) where this drops new fiberoptic cable along Standiford/Sylvan, Oakdale, and Briggsmore. Currently, the City has no existing underground conduit along Oakdale Road and will need to re-attach to the existing Modesto Irrigation District (MID) poles. This requires a specialized contractor to perform degradation samples of the poles and re-certification of wind/load calculations for the fiber optic attachment. Approximate estimated cost with engineering is approximately $20,000.
Additionally, the Transit Division has American Disability Act (ADA) locations needing to be upgraded within Caltrans right-of-way. Due to the workloads in Traffic Engineering and Transportation Engineering Design Divisions, these project locations would not be addressed for some time. The approximate cost for engineering these locations is approximately $30,000.
In accordance with Modesto Municipal Code Sec. 8-3.204(a), Exceptions to Formal Bidding Requirements, the agreement is for professional services and, therefore, exempt from the bidding requirement. The approval for the Traffic Engineering Service to Willdan conforms to DocuSign Envelope ID: 2B81A0F1-3360-4F4F-8CDE-D0EDDFB1CB50 #7..
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Second Amendment with Willdan, Inc for On-Call Traffic Engineering Services
Modesto Municipal Code 8-3.204, subsection (a) as they are providing professional services for the Traffic Engineering Department.
FISCAL IMPACT:
This 2nd amendment will be funded by Surface Transportation Funds out of the current 20/21 Fiscal Year Traffic Engineering Division operating budget under the Professional Services account (1700-53510-53300) and Transportation Development Act (TDA) funds in project 101023 – Bus Stop Improvements. The Traffic Engineering Division operating budget, currently has over $30,000 in additional revenue not budgeted from various CIP projects worked on throughout the year.
COMMITTEE RECOMMENDATION:
This item was reviewed by the Economic Development Committee on March 1, 2021, and recommended to forward to Council for approval.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving a Second Amendment increasing the agreement amount with Willdan, Inc., for Traffic Engineering services by $50,000 from $205,000 to a new total amount of $255,000; and authorizing the City Manager, or his designee, to execute the amendment.
Approved by:
Bill Sandhu, Public Works Director
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
2. Second Amendment
3. First Amendment
4. Willdan Agreement 2019
DocuSign Envelope ID: 2B81A0F1-3360-4F4F-8CDE-D0EDDFB1CB50 #7..
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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 Apr 06, 2021 at 5:30 PM
Roll Call – Present: Councilmembers Escutia-Braaton, Kenoyer, Madrigal, Ricci, Wright, Zoslocki, Mayor Zwahlen
Absent: None
Pledge of Allegiance to the Flag
Invocation: Jeff Pishney, Love Modesto
City Clerk’s Announcements: None
Declaration of Conflicts of Interest: None
Reports from Closed Session: Mayor Zwahlen reported on Closed Session matters - no reportable action
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Presentation from Stanislaus County Board of Supervisors for update related to Covid19. (Funding Source: Not Applicable) CITY MANAGER; Joseph Lopez, 577-5223, [email protected] ACTION: No reportable action.
2. Presentation of Proclamation declaring April 2021 National Donate Life Month in the City of Modesto. (Funding Source: Not Applicable)
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CITY COUNCIL; Kathy Espinoza, 571-5597, [email protected]
3. Acknowledgement of National Community Development Week (Funding Source: Not Applicable)
CED; Jessica Narayan, 577-5321, [email protected]
MISCELLANEOUS
4. Consider appointing Anthony Drobnick to the Citizen’s Housing and Community Development Committee. (Funding Source: Not Applicable) Staff Recommendation:
Resolution approving the appointment of Anthony Drobnick to the Citizen’s Housing and Community Development Committee with expiration date of January 1, 2025.
CED; Jessica Narayan, 577-5211, [email protected] ACTION: (Kenoyer/Wright; 7/0) Resolution 2021-094 approving the appointment of Anthony Drobnick to the Citizen’s Housing and Community Development Committee with expiration date of January 1, 2025.
5. Consider appointing John Bergman and Kyle Ford to the Housing and Rehabilitation Loan Committee. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution approving the appointments of John Bergman and Kyle Ford to the City of Modesto Housing and Rehabilitation Loan Committee with an expiration date of January 1, 2025.
CED; Jessica Narayan, 577-5211, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2021-095 approving the appointments of John Bergman and Kyle Ford to the City of Modesto Housing and Rehabilitation Loan Committee with an expiration date of January 1, 2025.
6. Consider approving the appointments of Jim Spelman and Guadalupe Rivera, as members at large, to the Golf Courses Advisory Committee, for a four-year term retroactive to January 1, 2021 through December 31, 2024. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution approving the appointments of Jim Spelman and Guadalupe Rivera, as members at large, to the Golf Courses Advisory Committee, for a four-year term retroactive to January 1, 2021 through December 31, 2024.
PRN; Laurie Smith, 577-5347, [email protected]
ACTION: (Kenoyer/Mayor Zwahlen; 7/0) Resolution 2021-096 approving the appointments of Jim Spelman and Guadalupe Rivera, as members at large, to the Golf Courses Advisory Committee, for a four-year term retroactive to January 1, 2021 through December 31, 2024.
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7. Consider approving the reappointment of Jim Bishop and the appointment of Emmanuel Becerra to the Tuolumne River Regional Park Citizens Advisory Committee for a four year term retroactive to January 1, 2021 through December 31, 2024. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution approving the reappointment of Jim Bishop and the appointment of Emmanuel Becerra to the Tuolumne River Regional Park Citizens Advisory Committee for a four year term retroactive to January 1, 2021 through December 31, 2024.
PRN; Laurie Smith, 577-5347, [email protected]
ACTION: (Escutia-Braaton/Ricci; 7/0) Resolution 2021-097 approving the reappointment of Jim Bishop and the appointment of Emmanuel Becerra to the Tuolumne River Regional Park Citizens Advisory Committee for a four year term retroactive to January 1, 2021 through December 31, 2024.
8. Consider approving the re-appointment of Shane Cooper, Jim McKay and Steve Hatzigeorgiou to the Modesto City-County Airport Advisory Committee for an additional two-year term. (Funding Source: Not Applicable) Staff Recommendation:
Resolution approving the reappointment of Shane Cooper, Jim McKay and Steve Hatzigeorgiou to the Modesto City-County Airport Advisory Committee for an additional two-year term.
PUBLIC WORKS; Steve Fischio, 342-2222, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2021-098 approving the reappointment of Shane Cooper, Jim McKay and Steve Hatzigeorgiou to the Modesto CityCounty Airport Advisory Committee for an additional two-year term.
PUBLIC COMMENT PERIOD
Austin Grant, read a statement from the Modesto Progressive Democrats regarding the Civilian Review Board.
Janeiro, MyTV 26 Station on Comcast, spoke regarding funding for his station. Em Boon spoke regarding police violence occurring in Modesto. Chris Colbert spoke regarding police violence occurring in Modesto; he also spoke regarding charging Officer Lamantia.
Nico spoke in support of Civilian Review Board; he also spoke about his concern about a Modesto Police camera at a park in the La Loma Neighborhood.
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Kyle Seever spoke regarding Modesto Police Department officers; he asked for resignation of Interim Police Chief Gillespie; he requested a drug screening for Modesto Police officers after any incident.
Richard Anderson spoke in support of Public Access television to be funded by monies provided by the Federal Government.
Rovante Robinson spoke in support of the firing of Modesto Poice Officer Lamantia; he agrees drug and alcohol testing for Modesto Police Officers. Ramon Rodriguez spoke in support of the firing of Modesto Police Officer Lamantia; he also spoke regarding the Alonzo Nunez incident and disciplining police officers. Darlene Ruiz, Trevor Seever's mother, spoke regarding the shooting of her son and charges against Modesto Police Officer Lamantia; she also spoke in support of a Civilian Review Board.
Stephen Allen thanked Councilmembers Ricci, Kenoyer and Wright for attending the solidarity bbq for Trevor Seever; he also spoke regarding corruption in the Modesto Police Department.
Loretta Carhart spoke regarding the need for State Hospitals. Bianca Lopez thanked the Council for listening to their requests for Justice for Trevor Seever; she also spoke regarding recycling.
A citizen spoke in support of justice for Trevor Seever; he also spoke regarding the Modesto Police Department.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS 9-31: (Wright/Zoslocki; 7/0)
CONSENT ITEMS
Consent
9. Consider approving the minutes from the March 9, 2021 Council Meeting. (Funding Source: Not Applicable)
Motion approving the minutes from the March 9, 2021 Council Meeting.
CITY CLERK; Stephanie Lopez, 577-5396, [email protected] ACTION: (Kenoyer/Wright; 7/0) Motion approving the minutes from the March 9, 2021 Council Meeting.
Consent
10. Consider recognizing Dale Butler for his service on the Latino Emergency Council. (Funding Source: Not Applicable)
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Resolution recognizing Dale Butler for his service on the Latino Emergency Council.
CITY COUNCIL; Kathy Espinoza, 571-5597, [email protected] ACTION: (Kenoyer/Wright; 7/0) Resolution 2021-099 recognizing Dale Butler for his service on the Latino Emergency Council.
Consent
11. Consider approving a Community Development Block Grant CARES Act (CDBGCV3) grant to Stanislaus County Affordable Housing Corporation (STANCO), in an amount not to exceed $450,000 and $25,000 in activity delivery costs for the acquisition of the property located at 835 California Avenue, Modesto CA for the development of Permanent Supportive Housing, to prevent, mitigate, and respond to the spread of COVID-19. (Funding Source: Community Development Block Grant Funds Cares Act CV-3)
Resolution approving a Community Development Block Grant CARES Act (CDBG-CV3) grant to Stanislaus County Affordable Housing Corporation (STANCO), in an amount not to exceed $450,000 and $25,000 in activity delivery costs for the acquisition of the property located at 835 California Avenue, Modesto CA for the development of Permanent Supportive Housing, to prevent, mitigate, and respond to the spread of COVID-19 and authorizing the City Manager or his designee to execute the Agreement.
CED; Jessica Narayan, 577-5321, [email protected] ACTION: (Kenoyer/Wright; 7/0) Resolution 2021-100 approving a Community Development Block Grant CARES Act (CDBG-CV3) grant to Stanislaus County Affordable Housing Corporation (STANCO), in an amount not to exceed $450,000 and $25,000 in activity delivery costs for the acquisition of the property located at 835 California Avenue, Modesto CA for the development of Permanent Supportive Housing, to prevent, mitigate, and respond to the spread of COVID-19 and authorizing the City Manager or his designee to execute the Agreement.
Consent
12. Consider accepting an informational report for the February 2021 Accounts Payable Payment Register and Void report. (Funding Source: Not Applicable) Motion accepting an informational report for the February 2021 Accounts Payable Payment Register and Void report.
FINANCE DEPARTMENT; Maria Garnica, 577-5249, [email protected] ACTION: (Kenoyer/Wright; 7/0) Motion accepting an informational report for the February 2021 Accounts Payable Payment Register and Void report.
Consent
13. Consider accepting an informational report on the January and February 2021 grant applications and awards. (Funding Source: Not Applicable) DocuSign Envelope ID: 2B81A0F1-3360-4F4F-8CDE-D0EDDFB1CB50 #7..
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Motion accepting an informational report for the January and February 2021 grant applications and awards.
FINANCE DEPARTMENT; Maria Garnica, 577-5249, [email protected] ACTION: (Kenoyer/Wright; 7/0) Motion accepting an informational report for the January and February 2021 grant applications and awards.
Consent
14. Consider approving the award of bids for four City Fleet Replacements for Public Works in the amount of $273,895. (Funding Source: Fleet Replacement Fund) Resolution approving the award of bid for the purchase of a Low-Profile Dump Truck to Cobalt Truck Equipment, Las Vegas, NV for a total amount not to exceed $110,581, and authorizing the Purchasing Manager, or her designee, to execute the Purchase Order.
Resolution approving the award of bid for the purchase of a One-Ton Truck with Stake Side Dumping Body to Cobalt Truck Equipment, Las Vegas, NV for a total amount not to exceed $63,246, and authorizing the Purchasing Manager, or her designee, to execute the Purchase Order.
Resolution approving the award of bid for the purchase of two One-Ton Trucks to Penske Chevrolet, Cerritos, CA for a total cost not to exceed $100,068, and authorizing the Purchasing Manager, or her designee, to execute the Purchase Order.
FINANCE DEPARTMENT; Cynthia Kline, 577-5412, [email protected] ACTION: (Kenoyer/Wright; 7/0) Resolution 2021-101 approving the award of bid for the purchase of a Low-Profile Dump Truck to Cobalt Truck Equipment, Las Vegas, NV for a total amount not to exceed $110,581, and authorizing the Purchasing Manager, or her designee, to execute the Purchase Order.
ACTION: (Kenoyer/Wright; 7/0) Resolution 2021-102 approving the award of bid for the purchase of a One-Ton Truck with Stake Side Dumping Body to Cobalt Truck Equipment, Las Vegas, NV for a total amount not to exceed $63,246, and authorizing the Purchasing Manager, or her designee, to execute the Purchase Order.
ACTION: (Kenoyer/Wright; 7/0) Resolution 2021-103 approving the award of bid for the purchase of two One-Ton Trucks to Penske Chevrolet, Cerritos, CA for a total cost not to exceed $100,068, and authorizing the Purchasing Manager, or her designee, to execute the Purchase Order.
Consent
15. Consider rejecting all bids for Request for Bid (RFB) No. 2021-05 for Two Trailer Mounted Air Compressors and authorizing staff to reissue the RFB at a future date. (Funding Source: Fleet Replacement Fund)
Resolution rejecting all bids received for Request for Bid (RFB) No. 2021-05 for Two Trailer Mounted Air Compressors and authorizing staff to reissue the RFB at a future date.
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FINANCE DEPARTMENT; Cynthia Kline, 577-5412, [email protected] ACTION: (Kenoyer/Wright; 7/0) Resolution 2021-104 rejecting all bids received for Request for Bid (RFB) No. 2021-05 for Two Trailer Mounted Air Compressors and authorizing staff to reissue the RFB at a future date.
Consent
16. Consider approving a Purchasing Agreement with Iteris Inc, Santa Ana, CA, by utilizing the competitive bid process with County of Sacramento for Video Detection Cameras, for a two year Agreement with two one-year extension options, for an estimated cost of $2,500,000 for the first two-years and a total amount not to exceed $3,325,000 over four years. (Funding Source: Congestion Mitigation and Air Quality (CMAQ), Local Measure L, Senate Bill 1(SB1), Road Maintenance and Rehabilitation Account (RMRA), and Gas Tax Fund)
Resolution approving the award of bid and Purchasing Agreement with Iteris Inc, Santa Ana, CA, by utilizing the competitive bid process with County of Sacramento for Video Detection Cameras, for a two year agreement with two one-year extension options, for an estimated cost of $2,500,000 for the first two-years and a total amount not to exceed $3,325,000 over four years; and authorizing the Purchasing Manager, or her designee to execute the Agreement.
FINANCE DEPARTMENT; Cynthia Kline, 577-5412, [email protected] ACTION: (Kenoyer/Wright; 7/0) Resolution 2021-105 approving the award of bid and Purchasing Agreement with Iteris Inc, Santa Ana, CA, by utilizing the competitive bid process with County of Sacramento for Video Detection Cameras, for a two year agreement with two one-year extension options, for an estimated cost of $2,500,000 for the first two-years and a total amount not to exceed $3,325,000 over four years; and authorizing the Purchasing Manager, or her designee to execute the Agreement.
Consent
17. Consider approving a second one-year extension option for the Purchasing Agreements for Hot Patch work with United Pavement Maintenance, Hughson, CA and Patch Crew, Modesto, CA, in a combined amount not exceeding the annual cost of $4,306,500. (Funding Source: Water Funds 4100 and 4180, Wastewater Fund 4210, and Stormwater Fund 4480))
Resolution approving a second one-year extension option for the Purchasing Agreements for Hot Patch work with United Pavement Maintenance, Hughson, CA and Patch Crew, Modesto, CA, without exceeding the annual cost of $4,306,500 and authorizing the Director of Finance or her designee to execute the extension.
FINANCE DEPARTMENT; DeAnna Christensen, 577-5387,
[email protected]
ACTION: (Kenoyer/Wright; 7/0) Resolution 2021-106 approving a second one-year extension option for the Purchasing Agreements for Hot Patch work with United Pavement Maintenance, Hughson, CA and Patch Crew, Modesto, CA, without exceeding the annual cost DocuSign Envelope ID: 2B81A0F1-3360-4F4F-8CDE-D0EDDFB1CB50 #7..
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of $4,306,500 and authorizing the Director of Finance or her designee to execute the extension.
Consent
18. Consider rejecting all bids received for Request for Bid No. PPD20-07 for On-Call Vegetation Management Services. (Funding Source: General Fund, TRRP Fund) Resolution rejecting all bids received for request for bid no. PPD20-07 for OnCall Vegetation Management Services, and authorizing the City Manager, or his designee, to reissue the RFB at a future date.
PRN; Nathan Houx, 571-5526, [email protected],
ACTION: (Kenoyer/Wright; 7/0) Resolution 2021-107 rejecting all bids received for request for bid no. PPD20-07 for On-Call Vegetation Management Services, and authorizing the City Manager, or his designee, to reissue the RFB at a future date.
Consent
19. Consider approving the submission of the City’s Local Transportation Funds Fiscal Year 2020-2021 Claim for Non-motorized Purposes (bike lanes and pedestrian pathways) in the amount of $189,759 to the Stanislaus Council of Governments (STANCOG) and amending the Fiscal Year 2020-21 Capital Improvement Program Budget in an amount not to exceed $189,759. (Funding Source: Local Transportation Funds)
Resolution approving the submission of the City’s Local Transportation Funds Fiscal Year 2020-2021 Claim for Non-motorized Purposes (bike lanes and pedestrian pathways) in the amount of $189,759 to the Stanislaus Council of Governments (STANCOG).
Resolution amending the Fiscal Year 2020-2021 Capital Improvement Program Budget to fund project #101232 (TRRP Riverwalk – Gateway to Legion) in an amount not to exceed $189,759 in revenue, and to budget expenditures as outlined in Attachment A to fund the project, and authorizing the City Manager or his designee, to implement the provisions of this resolution.
PRN; Nathan Houx, 571-5526, [email protected]
ACTION: (Kenoyer/Wright; 7/0) Resolution 2021-108 approving the submission of the City’s Local Transportation Funds Fiscal Year 2020-2021 Claim for Non-motorized Purposes (bike lanes and pedestrian pathways) in the amount of $189,759 to the Stanislaus Council of Governments (STANCOG).
ACTION: (Kenoyer/Wright; 7/0) Resolution 2021-109 amending the Fiscal Year 2020-2021 Capital Improvement Program Budget to fund project #101232 (TRRP Riverwalk – Gateway to Legion) in an amount not to exceed $189,759 in revenue, and to budget expenditures as outlined in Attachment A to fund the project, and authorizing the City Manager or his designee, to implement the provisions of this resolution.
Consent
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20. Consider approving the submission of grant applications for Dr. Martin Luther King, Jr. Park and Mancini Park to the California Department of Parks and Recreation, for the Statewide Park Development and Community Revitalization Program for up to $8.5 million for each site for a maximum award of $17 million. (Funding Source:
Statewide Park Development and Community Revitalization Program - Proposition 68, Community Development Block Grant)
Resolution approving the application for Statewide Park Development and Community Revitalization Program Grant funds for the Dr. Martin Luther King, Jr. Park Renovation and authorizing the City Manager, or his designee, to conduct all negotiations, sign and submit documents, including, but not limited to applications, agreement, amendments, and payment requests, which may be necessary for the completion of the grant scope.
Resolution approving the application for Statewide Park Development and Community Revitalization Program Grant funds for the Mancini Park Renovation and authorizing the City Manager, or his designee, to conduct all negotiations, sign and submit documents, including, but not limited to applications, agreement, amendments, and payment requests, which may be necessary for the completion of the grant scope.
PRN; Nathan Houx, 571-5526, [email protected]
ACTION: (Kenoyer/Wright; 7/0) Resolution 2021-110 approving the application for Statewide Park Development and Community Revitalization Program Grant funds for the Dr.
Martin Luther King, Jr. Park Renovation and authorizing the City Manager, or his designee, to conduct all negotiations, sign and submit documents, including, but not limited to applications, agreement, amendments, and payment requests, which may be necessary for the completion of the grant scope.
ACTION: (Kenoyer/Wright; 7/0) Resolution 2021-111 approving the application for Statewide Park Development and Community Revitalization Program Grant funds for the Mancini Park Renovation and authorizing the City Manager, or his designee, to conduct all negotiations, sign and submit documents, including, but not limited to applications, agreement, amendments, and payment requests, which may be necessary for the completion of the grant scope.
Consent
21. Consider approving a list of projects to be funded with Road Repair and Accountability Act tax proceeds in Fiscal Year 2021-2022. (Funding Source: Senate Bill 1 Funds) Resolution adopting a list of projects to be funded with Road Repair and Accountability Act tax proceeds in Fiscal Year 2021-22.
PUBLIC WORKS; Steve Fischio, 342-2222, [email protected] ACTION: (Kenoyer/Wright; 7/0) Resolution 2021-112 adopting a list of projects to be funded with Road Repair and Accountability Act tax proceeds in Fiscal Year 2021-22.
Consent
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22. Consider approving the application for and acceptance of a Federal Aviation Administration Grant in an amount estimated to be $339,000 to reimburse the Modesto City-County Airport for the acquisition of the 2847 River Road property. (Funding Source: Not Applicable)
Resolution approving the application for and acceptance of a Federal Aviation Administration grant offer in an amount estimated to be $339,000 for the reimbursement for property acquisition located at 2847 River Road, and authorizing the City Manager, or his designee, to execute all grant related documents.
PUBLIC WORKS; Steve Fischio, 342-2222, [email protected] ACTION: (Kenoyer/Wright; 7/0) Resolution 2021-113 approving the application for and acceptance of a Federal Aviation Administration grant offer in an amount estimated to be $339,000 for the reimbursement for property acquisition located at 2847 River Road, and authorizing the City Manager, or his designee, to execute all grant related documents.
Consent
23. Consider approving the First Amendment to the Joint Powers Agency Agreement for the Stanislaus Regional Transit Authority; and approve the appointment of the City of Riverbank Mayor Richard O’Brien to the Stanislaus Regional Transit Authority Board of Directors. (Funding Source: Local Transportation Funds, State Transit Assistance, Farebox Revenue & Federal Transit Administration)
Resolution approving the First Amendment to the Joint Powers Agency Agreement for the Stanislaus Regional Transit Authority, and authorizing the City Manager, or his designee, to sign the Agreement.
Resolution approving the appointment of the City of Riverbank Mayor Richard O’Brien to the Stanislaus Regional Transit Authority Board of Directors.
PUBLIC WORKS; Caluha Barnes, 571-5101, [email protected] ACTION: (Kenoyer/Wright; 7/0) Resolution 2021-114 approving the First Amendment to the Joint Powers Agency Agreement for the Stanislaus Regional Transit Authority, and authorizing the City Manager, or his designee, to sign the Agreement.
ACTION: (Kenoyer/Wright; 7/0) Resolution 2021-115 approving the appointment of the City of Riverbank Mayor Richard O’Brien to the Stanislaus Regional Transit Authority Board of Directors.
Consent
24. Consider accepting the grant award for Federal Transit Administration Section 5339 funds in the amount of $2,006,514 and Congestion Mitigation and Air Quality funds in the amount of $1,200,000, and authorizing the City Manager, or his designee, to execute and file the Annual Certifications and Assurances, and all other necessary documents with the Federal Transit Administration. (Funding Source: Transit Funds) Resolution accepting the grant award for Federal Transit Administration Section 5339 funds in the amount of $2,006,514 and Congestion Mitigation and Air Quality funds in the amount of $1,200,000, and authorizing the City DocuSign Envelope ID: 2B81A0F1-3360-4F4F-8CDE-D0EDDFB1CB50 #7..
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Manager, or his designee, to execute and file the Annual Certifications and Assurances, and all other necessary documents with the Federal Transit Administration.
PUBLIC WORKS; Adam Barth, 577-5298, [email protected] ACTION: (Kenoyer/Wright; 7/0) Resolution 2021-116 accepting the grant award for Federal Transit Administration Section 5339 funds in the amount of $2,006,514 and Congestion Mitigation and Air Quality funds in the amount of $1,200,000, and authorizing the City Manager, or his designee, to execute and file the Annual Certifications and Assurances, and all other necessary documents with the Federal Transit Administration.
Consent
25. Consider rejecting all bids received for Request for Bid No. 1920-02 for the Printing of the Modesto Area Express Ride Guide. (Funding Source: Local Transportation Funds, State Transit Assistance, Farebox Revenue & Federal Transit Administration) Resolution rejecting all bids received for Request for Bid No. 1920-02 for the Printing of the Modesto Area Express Ride Guide.
PUBLIC WORKS; Adam Barth, 577-5298, [email protected] ACTION: (Kenoyer/Wright; 7/0) Resolution 2021-117 rejecting all bids received for Request for Bid No. 1920-02 for the Printing of the Modesto Area Express Ride Guide.
Consent
26. Consider approving a Second Amendment increasing the Agreement amount with Willdan, Inc., for Traffic Engineering Services by $50,000 from $205,000 to a new total amount of $255,000. (Funding Source: Surface Transportation Fund and Transportation Development Act Fund)
Resolution approving a Second Amendment increasing the Agreement amount with Willdan, Inc., for Traffic Engineering Services by $50,000 from $205,000 to a new total amount of $255,000 and authorizing the City Manager, or his designee, to execute the amendment.
PUBLIC WORKS; Scott Collins, 577-5431, [email protected] ACTION: (Kenoyer/Wright; 7/0) Resolution 2021-118 approving a Second Amendment increasing the Agreement amount with Willdan, Inc., for Traffic Engineering Services by $50,000 from $205,000 to a new total amount of $255,000 and authorizing the City Manager, or his designee, to execute the amendment.
COUNCIL COMMENTS & REPORTS
Mayor Zwahlen acknowledged Dale Butler for his service on the Latino Emergency Council; Councilmembers Madrigal and Kenoyer also thanked Dale Butler for his service.
Councilmember Wright announced that his father turned 93 years old yesterday; Councilmember Zoslocki also acknowledged his father's birthday.
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Councilmember Ricci announced issues he is working on: City Forestry Department and refunding the department; he also proposed a civic bank at 10th Street Place; homeless housing with SHARES group; problems with Comcast service in Modesto; and the passing of Syliva Cisneros-Thompson from COVID.
Councilmember Kenoyer spoke about running the virtual Modesto Marathon.
Councilmember Madrigal spoke regarding MyTV26 and funding for the public access channel; he also supports a civic bank in Modesto and homeless housing.
CITY MANAGER COMMENTS & REPORTS
27. Consider an informational update to provide Spanish translation services at City Council meetings. (Funding Source: Not Applicable)
CITY MANAGER; Joseph Lopez, 577-5223, [email protected] ACTION: No reportable action.
UNFINISHED BUSINESS
28. Consider accepting Proposition 1 Storm Water Grant Program - Round 2 Implementation Grant Award of $10,000,000 for the JM Pike Park Stormwater to Sanitary Cross Connection Removal Project; entering into a Funding Agreement with the State Water Resources Control Board (SWRCB); and amending the FY 2020-21 Capital Improvement Program Budget in the amount of $15,840,000. (Funding Source:
Wastewater Fund)
Resolution authorizing entering into a Funding Agreement with the State Water Resources Control Board and authorizing and designating a representative for the JM Pike Park Stormwater to Sanitary Cross Connection Removal Project. Resolution amending the Fiscal Year 2020-21 Capital Improvement Program budget in the amount of $15,840,000 to be transferred into the project from Wastewater Reserves in order to fully fund the JM Pike Park Stormwater to Sanitary Cross Connection Removal Project.
UTILITIES; Miguel Alvarez, 577-5348, [email protected] ACTION: (Madrigal/Zoslocki; 7/0) Resolution 2021-119 authorizing entering into a Funding Agreement with the State Water Resources Control Board and authorizing and designating a representative for the JM Pike Park Stormwater to Sanitary Cross Connection Removal Project. (AS AMENDED)
ACTION: (Madrigal/Zoslocki; 7/0) Resolution 2021-120 amending the Fiscal Year 2020-21 Capital Improvement Program budget in the amount of $15,840,000 to be transferred into the project from Wastewater Reserves in order to fully fund the JM Pike Park Stormwater to Sanitary Cross Connection Removal Project.
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4/6/2021 5:30:00 PM
29. Consider accepting a report on the annual review of approved water rate increases for Fiscal Year 2020-21 and adopting 2% water rate increases within Fiscal Year 2020-21, to be deferred until October 1, 2021. (Funding Source: Water Fund) Resolution approving the annual water rate review and adopting 2% water rate increases within FY 2020-2021, to be effective October 1, 2021.
UTILITIES; Jesse Franco, 571-5175, [email protected] ACTION: (Wright/Ricci; 6/1; Escutia-Braaton no) Resolution 2021-121 approving the annual water rate review and adopting 2% water rate increases within FY 2020-2021, to be effective October 1, 2021.
Recess at 7:50 p.m.
Reconvened at 8:00 p.m.
NEW BUSINESS
30. Consider approving the appropriation of General Fund Reserves in the amount of $650,000 and amending the Fiscal Year 2020-21 Operating Budget to establish a new expenditure appropriation in the amount of $650,000 to fund a contribution to the Relief Across Downtown (RAD) program with the intent to reimburse this amount with American Rescue Plan Act of 2021 (ARPA) funding from United States Department of the Treasury when these funds become available to the City of Modesto, and approving an independent contractor agreement with Modesto Improvement Partnership, Inc for services involving administrative support to implement the RAD program. (Funding Source: General Fund Reserves)
Resolution approving the appropriation of General Fund Reserves in the amount of $650,000 and amending the Fiscal Year 2020-21 Operating Budget to establish a new expenditure appropriation in the amount of $650,000 to fund a contribution to the Relief Across Downtown (RAD) program with the intent to reimburse this amount with American Rescue Plan Act of 2021 (ARPA) funding from United States Department of the Treasury when these funds become available to the City of Modesto.
Resolution approving an independent contractor agreement with the Modesto Improvement Partnership, Inc for services involving administrative support to implement the touchless gift card program and authorizing the City Manager or his designee to execute the agreement.
CED; Marcus Tucker, 577-5473, [email protected]
ACTION: (Madrigal/Wright; 5/2; Wright, Zoslocki no) Resolution 2021-122 approving the appropriation of General Fund Reserves in the amount of $708,500 and amending the Fiscal Year 2020-21 Operating Budget to establish a new expenditure appropriation in the amount of $708,500 to fund a contribution to the Relief Across Downtown (RAD) program to apply City-wide, contingent on this amount being reimbursable from American Rescue Plan Act of 2021 (ARPA) funding from United States Department of the Treasury when these funds become available to the City of Modesto. (AS AMENDED) DocuSign Envelope ID: 2B81A0F1-3360-4F4F-8CDE-D0EDDFB1CB50 #7..
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4/6/2021 5:30:00 PM
ACTION: (Kenoyer/Escutia-Braaton; 7/0) Resolution 2021-123 approving an independent contractor agreement with the Modesto Improvement Partnership, Inc for services involving administrative support to implement the touchless gift card program and authorizing the City Manager or his designee to execute the agreement.
Recess at 10:10 p.m.
Reconvened at 10:15 p.m.
31. Consider approving a community engagement process to solicit feedback from the community regarding Modesto Police Department policies and practices as well as possible initiatives to improve police-community relations; and directing staff to carry out the appropriate next steps to implement the engagement process. (Funding Source:
Not Applicable)
Motion approving a community engagement process to solicit feedback from the community regarding Modesto Police Department policies and practices as well as possible initiatives to improve police-community relations; and directing staff to carry out the appropriate next steps to implement the engagement process.
CITY MANAGER; Caluha Barnes, 577-5223, [email protected] ACTION: (Wright/Zoslocki; 7/0) Motion approving a community engagement process to solicit feedback from the community regarding Modesto Police Department policies and practices as well as possible initiatives to improve police-community relations; and directing staff to carry out the appropriate next steps to implement the engagement process.
MATTERS TOO LATE FOR THE AGENDA
None.
ADJOURNMENT
This meeting adjourned at 10:55 p.m.
All Closed Session matters heard prior to meeting.
CLOSED SESSION
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4/6/2021 5:30:00 PM
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: Stephanie Lopez v. City of Modesto, et al.
Superior Court of California, County of Stanislaus
Stanislaus County Case No.: CV-21-00925
CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCEA Negotiator: Christina Alger
Employee Organization: Modesto City Employees Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCMA Negotiator: Christina Alger
Employee Organization: Modesto Confidential & Management Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MPOA Negotiator: Christina Alger
Employee Organization: Modesto Police Officers’ Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MPNSA Negotiator: Christina Alger
Employee Organization: Modesto Police Non-Sworn Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) –MPMA Negotiator: Christina Alger
Employee Organization: Modesto Police Management Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCFFA Negotiator: Christina Alger
Employee Organization: Modesto City Firefighters Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – Unrepresented Negotiator: Christina Alger
Employee Organization: Unrepresented Management and Confidential Employees Attest:____________________________
Stephanie Lopez, City Clerk
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1 MODESTO CITY COUNCIL
RESOLUTION NO. 2021-?
RESOLUTION APPROVING A SECOND AMENDMENT INCREASING THE
AGREEMENT AMOUNT WITH WILLDAN, INC., FOR TRAFFIC
ENGINEERING SERVICES BY $50,000 FROM $205,000 TO A NEW TOTAL AMOUNT OF $255,000; AND AUTHORIZING THE CITY MANAGER, OR
HIS DESIGNEE, TO EXECUTE THE AMENDMENT
WHEREAS, on August 13, 2019, by Resolution No. 2019-369, Council approved an Agreement with Willdan, Inc. for Traffic Engineering Services in an amount not to exceed $145,000 for up to one year, and
WHEREAS, the City is currently using Willdan, Inc. to provide engineering expertise and assistance to the Traffic Engineering Division since the retirement of the Traffic Engineer July 2019, and
WHEREAS, Willdan provided a Traffic Engineering consultant to be available 28 hours a week to help ensure that current CIP projects will remain on schedule, provide guidance on complaints/issues, and provide technical support, and WHEREAS, due to the current workload, the FY 20/21 budget for Traffic Engineering approved $30,000 in professional services to help assist with projects and the various tasks to keep the Traffic Engineering Division running efficiently, and WHEREAS, on October 27, 2020, by Resolution No. 2020-442, Council approved the First Amendment increasing the agreement amount with Willdan, Inc., for Traffic Engineering services by $60,000 from $145,000 to a new total not to exceed amount of $205,000, and extending the term of the agreement from one year to two years with a one-year extensions, and
WHEREAS, only $11,257 is remaining to date on Willdan’s contract, and DocuSign Envelope ID: 2B81A0F1-3360-4F4F-8CDE-D0EDDFB1CB50 118
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2 WHEREAS, staff is recommending a Second Amendment to increase their contract amount by $50,000, and
WHEREAS, part of the needed increase comes from the Upgrade Advanced Traffic Management System (ATMS) Project (101192) requires a specialized contractor to perform degradation samples of the poles and re-certification of wind/load calculations for the fiber optic attachment, and
WHEREAS, the Transit Division has American Disability Act (ADA) locations needing to be upgraded within Caltrans right-of-way, but due to the workloads in Traffic Engineering and Transportation Engineering Design Divisions, these project locations would not be addressed for some time, and
WHEREAS, in accordance with Modesto Municipal Code 8-3.204(a) Exceptions to Formal Bidding Requirements, this agreement is for professional services and, therefore, exempt from the bid requirement.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the Second Amendment increasing the agreement amount with Willdan, Inc., for Traffic Engineering services by $50,000 from $205,000 to a new total amount of $255,000.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the amendment, in a form approved by the City Attorney.
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3 The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 6
th day of April 2021, by Councilmember ?, who moved
its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST: ____________________________
STEPHANIE LOPEZ, City Clerk
APPROVED AS TO FORM:
BY:
JOSE M. SANCHEZ, City Attorney
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CITY OF MODESTO
COMMITTEE AGENDA REPORT
DATE OF MEETING:
August 22, 2022
Date: July 27, 2022
TO: Finance Committee
David Wright, Chair
Rosa Escutia-Braaton, Vice-Chair
Jenny Kenoyer, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Director of Public Works
SUBJECT: Safe Streets and Roads for All and Strengthening Mobility and Revolutionizing Transportation Grant
CONTACT: Scott Collins, Traffic Engineer, [email protected], 209-577-5431 DESCRIPTION:
Consider authorizing staff to apply for the Safe Streets and Roads for All Grant and Strengthening Mobility and Revolutionizing Transportation Grant; and authorizing staff to apply for any future related Grants and forwarding to Council for approval. (Funding Source: SS4A and SMART)
STRATEGIC PLAN ELEMENT:
This item is in conformance with City of Modesto Strategic Plan Area: Service Delivery Goals and Strategies: “Build community trust in City government through responsive, transparent and efficient service delivery”; Goal J: “build a high-performance organization”.
BACKGROUND:
The Bipartisan Infrastructure Law1 (BIL) established a new Safe Streets and Roads for All (SS4A) Grant program with $5 billion in appropriated funds over the next five years. In fiscal year 2022 (FY22), up to $1 billion is available. The SS4A program funds regional, local, and Tribal initiatives through grants to prevent roadway deaths and serious injuries. The primary goal of the SS4A grants is to improve roadway safety by supporting communities in developing comprehensive safety action plans based on a “Safe System Approach”, and implementing projects and strategies that significantly reduce or eliminate transportation-related fatalities and 1 https://www.fhwa.dot.gov/bipartisan-infrastructure-law/ #8..
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Finance Committee, August 22, 2022
Safe Streets and Roads for All and Strengthening
Mobility and Revolutionizing Transportation Grant
serious injuries involving pedestrians, bicyclists, public transportation, commercial vehicle operators, and motorists.
The BIL also established the Strengthening Mobility and Revolutionizing Transportation (SMART) discretionary grant program with $100 million appropriated annually for fiscal years (FY) 2022-2026. The SMART program was established to provide grants to eligible public sector agencies to conduct demonstration projects focused on advanced smart community technologies and systems in order to improve transportation efficiency and safety.
The SMART Program will support a range of approaches: new transportation applications of existing and emerging technologies, expanded and systematized use of proven technologies, and deep integration of solutions with existing transportation systems.
The SMART Grants Program is divided into two stages. During Stage 1, public sector project leaders can build internal buy-in and partnerships with public, private, academic, nonprofit, and community organizations and community networks to refine and prototype their concepts as well as report on results. Stage 2 will provide funding for projects that are designed to result in a scaled-up demonstration of the concept, integrating it with the existing transportation system, and refining the concept such that it could be replicated by others. United States Department of Transportation (USDOT) expects that only recipients of Stage 1: Planning and Prototyping Grants will be eligible for Stage 2: Implementation Grants in the following fiscal year. For the FY22 funding opportunity, USDOT expects to award 30 to 50 Stage 1 grants.
DISCUSSION:
The City of Modesto Traffic Engineering Division would like to apply to these grants for the following reasons. The SS4A grant will allow the City to utilize safety metrics to analyze roadway accidents within the City and fund improvement projects to help with the ongoing traffic safety concern within the City. Staff would also like to apply for the SMART grant as it aligns with the City’s Traffic Signal System Master Plan to fund future transportation technologies.
Eligible projects include coordinated automation, connected vehicles, sensors, systems integration, delivery/logistics, innovative aviation, smart grid, and traffic signals.
Resolutions authorizing the City Manager, or his designee, to sign grant applications and related forms, accept grant awards, and amend the budget are required with each grant package.
After Council approval, this action will allow staff to apply for, accept payment, amend the annual budget, and authorize the City Manager or his designee to execute all related grant documents.
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Finance Committee, August 22, 2022
Safe Streets and Roads for All and Strengthening
Mobility and Revolutionizing Transportation Grant
FISCAL IMPACT:
There is no minimum or maximum funding award value for the SS4A grant. Recipients are required to contribute a local matching share of no less than 20 percent of eligible activity costs.
All matching funds must be from non-Federal sources, which could include in-kind contributions, funding from the applicant, or other SS4A-eligible non-Federal sources partnering with the applicant.
SS4A and SMART grants will be utilized for any design and construction costs for transportation improvement projects. If grant funding is awarded, any match requirements will come from Measure L or Surface Transportation Funding.
Approved by:
Bill Sandhu, Director of Public Works
Joseph P. Lopez, City Manager
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CITY OF MODESTO
COMMITTEE AGENDA REPORT
DATE OF MEETING:
August 22, 2022
Date: July 15, 2022
TO: Finance Committee
David Wright, Chair
Rosa Escutia-Braaton, Vice Chair
Jenny Kenoyer, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Water Conservation Rebate Program Modifications for FY 22/23 CONTACT: Jeff Daniels, Water Division Manager, [email protected], 209-342-4585 DESCRIPTION:
Consider accepting Water Conservation Rebate Program Modifications for FY 22/23 to increase the funds budgeted for rebates by $285,000 from $430,000 to $715,000 and forwarding to Council for approval. (Funding Source: Water Fund)
STRATEGIC PLAN ELEMENT:
The recommended action supports the 2020-2025 City’s Strategic Plan Initiatives, Goal D:
Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance and sustainability efforts.
BACKGROUND:
Water is a precious resource. Previous droughts across California put the subject of water conservation into focus and forced State water agencies to mandate reduction in water use by urban systems. Since then, water conservation has become increasingly important in maintaining and protecting this resource to ensure the availability of safe drinking water to our communities for generations to come.
The City of Modesto’s Water Conservation Program is focused on educating our customers and encouraging them to use water responsibly and eliminate water waste. For several years, the City has been proactively educating customers about water use reduction through increased advertising, providing information and educational materials at public events, and funding rebate incentives.
Initially, the rebate program just included High Efficiency Toilet and Washing Machine Rebate Programs. In 2015, the Residential Turf Replacement Program was added, followed in 2016 by the Smart Irrigation Controller Program and the Drip Irrigation Program. Water Rebate Program Modifications for FY 20/21 eliminating the High Efficiency Nozzle and Rain Barrel rebates, and #9..
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Finance Committee, August 22, 2022
Water Conservation Rebate Program Modifications for FY 22/23
moving those funds into a Commercial Turf Replacement Program, were approved on April 6, 2020 by the Economic Development Committee.
DISCUSSION:
The City’s Water Conservation Program is focused on encouraging customers to use water responsibly and eliminating water waste.
In accordance with newly adopted state legislation SB 606 and AB 1668, the State is mandating water agencies to set and meet new urban efficiency standards for indoor use, outdoor use and water lost due to leaks. These new regulations will be put into effect November of 2023.
The City’s Water Conservation Program is working to encourage the reduction of water usage by its customers through incentive programs in order to meet these state mandates. Rebate incentives are offered to customers who pay a water utility bill to the City. To be approved for the water rebates, customers must meet the requirements outlined on the individual rebate applications which can be found on the City’s website.
Based on rebate trends, increased program utilization and water savings over the last few years, staff recommends increasing funds to the Drip Irrigation Program, High Efficiency Washing Machine Program, and the Residential and Commercial Turf Replacement Programs for a total of $285,000, as outlined in the table below.
Table 1. Water Conservation: Proposed Rebate Program Modifications to Funds FY 22/23 #9..
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Finance Committee, August 22, 2022
Water Conservation Rebate Program Modifications for FY 22/23
FISCAL IMPACT:
The Water Conservation Rebate Program is funded through the FY 22/23 Water Fund Operating Budget in the following accounts:
4100-45065-53002 Drip Irrigation Rebate Program
4100-45065-53005 Toilet Rebate Program
4100-45065-53006 Washing Machine Rebate Program
4100-45065-53007 Residential Turf Replacement Rebate Program 4100-45065-53008 Smart Irrigation Controllers Rebate Program 4100-45065-53011 Commercial Turf Replacement Rebate Program Approved by:
William Wong, Director of Utilities
Joseph P. Lopez, City Manager
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CITY OF MODESTO
COMMITTEE AGENDA REPORT
DATE OF MEETING:
August 22, 2022
Date: August 01, 2022
TO: Finance Committee
David Wright, Chair
Rosa Escutia-Braaton, Vice-Chair
Jenny Kenoyer, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: DeAnna Christensen, Director of Finance
SUBJECT: FY 2021-22 Accounts Receivable Write-offs and Adjustments CONTACT: Maria Garnica, Accounting Manager, [email protected], (209) 577-5249 DESCRIPTION:
Consider accepting the Fiscal Year (FY) 2021-22 Write-off and Adjustments reports through fiscal year-end June 30, 2022 in the total amount of $1,465,305 and forwarding to Council for approval. (Funding Source: Abatement and Public Nuisance Fund, Airport Operating Fund, Compost Fund, Fleet Management Fund, General Fund, Green Waste Fund, Solid Waste Fund, Surface Transportation Fund, Water Fund)
STRATEGIC PLAN ELEMENT:
This item supports the City of Modesto 2020-2025 Strategic Plan focus of Governance and Service Delivery under Goal H: Achieve Financial Sustainability.
BACKGROUND:
The City’s Department of Finance maintains the billing system that records and tracks monies owed to the City. Occasionally, the responsible party does not pay the City as required. It is the City’s policy to actively pursue collection of past-due accounts and write-off amounts deemed to be uncollectible. The City employs different means of collecting monies owed including collection letters, collection phone calls, skip tracing, property liens, tax refund interceptions, third party collection agency referrals and any available legal remedies recommended by the City Attorney. An account is considered uncollectible after the above applicable collection procedures have been exhausted and/or the debt has been discharged through various legal actions (bankruptcy or court judgement). This determination may occur in the same or in a different fiscal year from when the monies were determined to be due to the City. Although write-offs occur semi-annually and reported during the following fiscal year, collection efforts continue until the statute of limitations expires for collection actions. California Code of Civil Procedure Section 337 restricts the City’s collection actions after four (4) years. State law #10..
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Finance Committee, August 22, 2022
FY 2021-22 Accounts Receivable Write-offs and Adjustments
prevents the City from using a tax or property lien to collect certain delinquent fees from owneroccupied dwellings (such as nuisance abatement fines and fees, zoning code violations, and certain Housing and Building Code fines and fees).
DISCUSSION:
The Modesto Municipal Code section 2-3.406 requires that when a fee or charge in excess of twenty-five thousand dollars ($25,000) is incorrectly levied or found to be uncollectible, such accounts will be referred to the City Manager who will promptly report them to the City Council with his/her recommendation. Where a fee or charge of twenty-five thousand dollars ($25,000) or less is incorrectly levied or found to be uncollectible, the City’s Write-off of Uncollectible Accounts Receivable policy requires the following approval authority:
The Director of Finance is authorized to approve the write-off of accounts with an outstanding balance due of up to $5,000.
The City Manager is authorized to approve the write-off of accounts with an outstanding balance in excess of $5,000 and up to $25,000. Write-off of accounts with an outstanding balance due in excess of $25,000 must be approved by action of the City Council.
In FY 2018-19, the Finance Department established Administrative Directive 7.20, Accounts Receivable Adjustment Policy, and determined the Accounts Receivable, Utility Billing, Parking Citations and Business License adjustments should be incorporated into the annual report.
The Director of Finance approved write-offs and adjustments with an outstanding balance of up to $5,000 in the amounts below. Adjustments may include a one-time courtesy of fees, penalties, or to address initial citations assessed in effort to bring the customer account balance up to date.
Write-offs Adjustments Totals
Miscellaneous Receivables $153,135 $448 $153,583
Utilities Receivables $345,539 $419,997 $765,536
Parking Citations $471,765 $10,040 $481,805
Business License $0 $41,347 $41,347
TOTAL $970,439 $471,832 $1,442,271
The City Manager approved write-offs with an outstanding balance in excess of $5,000 and up to $25,000 for the following type of receivables:
Write-offs Adjustments Totals
Miscellaneous Receivables $17,208 $0 $17,208
Utility Receivables $5,826 $0 $5,826
TOTAL $23,034 $0 $23,034
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Finance Committee, August 22, 2022
FY 2021-22 Accounts Receivable Write-offs and Adjustments
The write-off memos approved by the Director of Finance and City Manager for $1,465,305 have been included as part of the Attachment on this report.
The value of $1,465,305 that is being written-off accounts for less than 1% of receivables. The amount due as of June 30, 2022 is $25,520,506 for Miscellaneous Receivables and $15,767,036 for Utilities Receivables.
FISCAL IMPACT:
The amounts to be written off of $1,442,271 for amounts under $5,000 and $23,034 for amounts over $5,000, will not impact recognized revenue for Fiscal Year 2021-22 due to an annual adjustment that is recorded on the City’s financial statements to record any allowance for uncollectible accounts.
Approved by:
DeAnna Christensen, Director of Finance
Joseph P. Lopez, City Manager
Attachments:
1. Write-off Uncollectible account memos
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DATE: January 14, 2022
TO: DeAnna Christensen
Director of Finance
FROM: Jennifer Martin
Revenue Collections & Compliance Manager
RE: Write-off of amounts less than $5,000 & below
Please approve the following write-offs, each less than $5,000. The City has exhausted all internal methods of recovery and where applicable these accounts have been submitted to the City’s outside collection agency. The collection agency has been unsuccessful in collection of the debt owed. Based on the inability to collect, the Utility Billing Division is requesting to write the debt off.
Attached, you will find the list of accounts that need to be written off in Utility Billing.
Type of account * # of accounts Amount for WO
Collection Agency 467 163,047.39 $
Small Balances 45 3,139.22 $
Agent and PM ** 7 1,167.91 $
Bankruptcy 10 3,358.19 $
Deceased 2 $ 559.24
Total 531 171,271.95 $
*Accounts with a transaction date prior to 12/31/2020
** Real Estate Agents & Property Management Companies
_____________________________________________________________________________ DeAnna Christensen Date
Director of Finance
FINANCE DEPARTMENT
P.O. Box 767
Modesto, California 95353
209.577.5395
Modestogov.com
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Date: January 14, 2022
To: DeAnna Christensen
Director of Finance
From: Jennifer Martin
Revenue Collections and Compliance Manager
Re: Write-off of Amounts Greater than $5000
Please approve the following write-off(s), each greater than $5000.00. The City of Modesto was unsuccessful in collection of the debt owed due to the customer filing for bankruptcy. Based upon the inability to collect, the Utility Billing Division is requesting to write the debt off.
Risk Management Claims:
• Red Lion Hotel 2020 – Utility Account 399093-97498 $5,825.30 o On July 1, 2020 Red Lion Hotel, located at 1612 Sisk Rd, notified the Finance Department of their decision to close their account as they had sold the property.
At the time of account closure approximately three months of service was outstanding. A deposit of $10,000 helped to reduce their final balance. ___________________________________________________________________________________ Deanna Christensen
Director of Finance
___________________________________________________________________________________ Joseph P Lopez
City Manager
FINANCE DEPARTMENT
P.O. Box 767
Modesto, California 95353
209.577.5395
Modestogov.com
1/24/22
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CITY OF MODESTO
UTILITIES – FINANCE DEPARTMENT
1010 Tenth Street, Suite 2100 • Modesto, CA • 95354
Mailing Address: P.O. Box 767 • Modesto, CA • 95353
209.577.5395 / fax 209.491.5920
Date: January 14, 2022
To: DeAnna Christensen
Director of Finance
From: Jennifer Martin
Revenue Collections & Compliance Manager
Re: Write Off of Uncollectible Parking Citations of $5,000 or less DeAnna,
Attached you will find the list of parking citations deemed uncollectible in accordance with the City’s Write Off of Uncollectible Accounts Receivable Policy*. Please review and approve the following Write Offs:
Type of account # of Citations Amount for WO
Parking Citations 50 10,985.00 $
Total Write Off 50 10,985.00 $
*Clean-up of uncollectable citations FY 16/17
Approved by:
DeAnna Christensen Date
Director of Finance
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CITY OF MODESTO
FINANCE DEPARTMENT
ACCOUNTS RECEIVABLE DIVISION
1010 Tenth Street, Suite 5200 • Modesto, CA • 95354
Mailing Address: P.O. Box 3441 • Modesto, CA • 95353
209.577.5303 / fax 209.491.5992
DATE: January 27, 2022
TO: DeAnna Christensen
Director of Finance
FROM: Vanessa Ferrel
Financial Analyst – Accounts Receivable
RE: Write-Off Uncollectable accounts $5,000 and below
DeAnna, I need your approval to do the necessary adjustments.
All internal and external efforts to collect have been exhausted and the accounts are deemed uncollectible. Attached you will find the list of accounts that need to be written off in Accounts Receivable.
Admin Citation/Animal: $ 39,958.77
Admin Citation/Fireworks: $ 6,571.49
Admin Citation/MPD: $ 780.00
Admin Citation/Marijuana Cultivating: $ 2,400.00
Compost: $ 378.29
Finance Fees: $ 2,598.67
Fire - Inspections: $ 49.00
MPD- DUI: $ 522.00
NPU Citations: $ 100.00
Risk - Electrical Damage: $ 1,758.75
Risk - Damages: $ 1,176.32
Risk - Fleet/Police/Fire: $ 1,012.11
Sales Tax: $ 25.15
Solid Waste Compliance Order: $ 6,555.56
Utility Users Tax: $ 1,194.17
Total $ 65,080.28
Approval:
DeAnna Christensen Date
Director of Finance
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DATE: January 28, 2021
TO: DeAnna Christensen
Director of Finance
CITY OF MODESTO
FINANCE DEPARTMENT
ACCOUNTS RECEIVABLE - CUSTOMER SERVICESDIVISION
1010 Tenth Street, Suite 2100 • Modesto, CA • 95354
Mailing Address: P.O. Box 3441 • Modesto, CA • 95353
209.577.5303 / fax 209.491.5960
FROM: Vanessa Ferrel
Financial Analyst – Accounts Receivable
RE: Write off for over $5,000 – Risk Management
Please approve a write-off in the amount of $7,085.25 for Cynthia Morales due to charges for an administrative citation.
Three invoices totaling $7,085.25 were created in the Accounts Receivable system in July and August of 2017 due to multiple violations of MMC Section 5-4201(a)(c) Licensing Tags and MMC Section 5-4-203 Leash Required.
The customer is not a property owner therefore we cannot place a lien on the property. After several months of attempting to collect on these invoices, this account was forwarded to our collection agency vendor in September 2018. There has been no payment or movement on the account to date. Based upon the inability to collect, the Accounts Receivable Division is requesting to write the debt off.
1/28/22
DeAnna Christensen, Director of Finance Date
1/31/22
Joseph P. Lopez, City Manager Date
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CITY OF MODESTO
FINANCE DEPARTMENT
ACCOUNTS RECEIVABLE DIVISION
1010 Tenth Street, Suite 5200 • Modesto, CA • 95354
Mailing Address: P.O. Box 3441 • Modesto, CA • 95353
209.577.5303 / fax 209.491.5992
DATE: January 28, 2022
TO: DeAnna Christensen
Director of Finance
FROM: Vanessa Ferrel
Financial Analyst- Accounts Receivable
RE: Write-Off UUT accounts less than $50
DeAnna, I need your approval to do the necessary adjustments.
Each month, as part of the reporting requirements, Pacific Gas& Electric (PG&E) sends a secured email that has a number of reports, including the report “Utility Users’ Tax (UUT) Adjustments to the City of Modesto”. PG&E is notifying the City that the amount submitted for UUT to the City is being reduced due to these accounts being considered uncollectible. The accounts listed as uncollectible are six months old and the amount due the City will not remitted to an outside collection agency by PG&E in behalf of the City. This list includes the customer name, service address, and amount of the bad debt.
For amounts listed on this report that are over $50.00, the City will begin to pursue collection of the outstanding UUT. For amounts listed on this report that are under the $50.00 threshold, these accounts will be included in the Accounts Receivable write-off process.
Please approve the following write-offs. The backup documentation is attached.
Adjustments: May 2021 $ 797.77
Adjustments: June 2021 $ 1,127.72
Adjustments: July 2021 $ 1,013.00
Adjustments: August 2021 $ 1,430.92
Adjustments: September 2021 $ 1,620.63
Adjustments: October 2021 $ 1,073.85
Total $ 7,063.89
Approval:
DeAnna Christensen Date
Director of Finance
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DATE: July 18, 2022
TO: DeAnna Christensen
Director of Finance
FROM: Jennifer Martin
Revenue Collections & Compliance Manager
RE: Write-off of amounts less than $5,000 & below
Please approve the following write-offs, each less than $5,000. The City has exhausted all internal methods of recovery and where applicable these accounts have been submitted to the City’s outside collection agency. The collection agency has been unsuccessful in collection of the debt owed. Based on the inability to collect, the Utility Billing Division is requesting to write the debt off.
Attached, you will find the list of accounts that need to be written off in Utility Billing.
Type of account * # of accounts Amount for WO
Collection Agency 420 $ 169,138.91
Small Balances 0 $ -
Agent and PM ** 0 $ -
Bankruptcy 10 $ 4,136.54
Deceased 6 990.65 $
Total 436 $ 174,266.10
*Accounts with a transaction date prior to 6/30/2021
** Real Estate Agents & Property Management Companies
_____________________________________________________________________________ DeAnna Christensen Date
Director of Finance
FINANCE DEPARTMENT
P.O. Box 767
Modesto, California 95353
209.577.5395
Modestogov.com
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CITY OF MODESTO
FINANCE DEPARTMENT
ACCOUNTS RECEIVABLE DIVISION
1010 Tenth Street, Suite 5200 • Modesto, CA • 95354
Mailing Address: P.O. Box 3441 • Modesto, CA • 95353
209.577.5303 / fax 209.491.5992
DATE: July 26, 2022
TO: DeAnna Christensen
Director of Finance
FROM: Vanessa Ferrel
Financial Analyst - Accounts Receivable
RE: Receivable Adjustments on accounts
DeAnna, I need your approval to do the necessary adjustments.
A total of $471,830.40 in adjustments was made to customer’s accounts from July 1, 2021 through June 30, 2022. These adjustments were made as one-time courtesy of fees, penalties, or to address initial citations assessed in effort to bring the customer’s account balance up to date.
These adjustments were related to charges in the Accounts Receivable, Utility Billing, Parking Citation and Business License systems.
Accounts Receivable Adjustments $ 447.50
Business License Adjustments $ 9,336.34
Business License Citation Waivers $ 32,009.94
Parking Citation Adjustments $ 10,040.00
Utility Billing Adjustments $ 419,996.62
TOTAL $ 471,830.40
Approval:
Deanna Christensen Date
Director of Finance
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DATE: July 21, 2022
TO: DeAnna Christensen
Director of Finance
FROM: Jennifer Martin
Revenue Collections & Compliance Manager
RE: Write-off of amounts less than $5,000 & below
Please approve the following write-offs, each less than $5,000. The City has exhausted all internal methods of recovery and where applicable these accounts have been submitted to the City’s outside collection agency. The collection agency has been unsuccessful in collection of the debt owed. Based on the inability to collect, the Citation Processing Division is requesting to write the debt off.
Attached you will find the list of parking citations deemed uncollectible in accordance with the City’s *Write Off of Uncollectible Accounts Receivable Policy.
Type of account # of accounts Amount for WO
Parking Citations 1937 $ 460,780.00
Total Write Off 1937 $ 460,780.00
*Clean-up of uncollectible citations FY 16/17 & uncollectible citations for FY 17/18 _____________________________________________________________________________ DeAnna Christensen Date
Director of Finance
FINANCE DEPARTMENT
P.O. Box 767
Modesto, California 95353
209.577.5395
Modestogov.com
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CITY OF MODESTO
FINANCE DEPARTMENT
ACCOUNTS RECEIVABLE DIVISION
1010 Tenth Street, Suite 5200 • Modesto, CA • 95354
Mailing Address: P.O. Box 3441 • Modesto, CA • 95353
209.577.5303 / fax 209.491.5992
DATE: July 25, 2022
TO: DeAnna Christensen
Director of Finance
FROM: Vanessa Ferrel
Financial Analyst- Accounts Receivable
RE: Write-Off UUT accounts less than $50
DeAnna, I need your approval to do the necessary adjustments.
Each month, as part of the reporting requirements, Pacific Gas& Electric (PG&E) sends a secured email that has a number of reports, including the report “Utility Users’ Tax (UUT) Adjustments to the City of Modesto”. PG&E is notifying the City that the amount submitted for UUT to the City is being reduced due to these accounts being considered uncollectible. The accounts listed as uncollectible are six months old and the amount due to the City will not be remitted to an outside collection agency by PG&E on behalf of the City. This list includes the customer name, service address, and amount of the bad debt.
For amounts over $50.00, the City will begin to pursue collection of the outstanding UUT. The amounts listed on this report are amounts under the $50.00 threshold and are eligible for the Accounts Receivable write-off process.
Please approve the following write-offs. The backup documentation is attached.
Adjustments: November 2021 $ 933.23
Adjustments: December 2021 $ 973.88
Adjustments: January 2022 $ 977.59
Adjustments: February 2022 $ 1,123.98
Total $ 4,008.68
Approval:
DeAnna Christensen Date
Director of Finance
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CITY OF MODESTO
FINANCE DEPARTMENT
ACCOUNTS RECEIVABLE DIVISION
1010 Tenth Street, Suite 5200 • Modesto, CA • 95354
Mailing Address: P.O. Box 3441 • Modesto, CA • 95353
209.577.5303 / fax 209.491.5992
DATE: July 25, 2022
TO: DeAnna Christensen
Director of Finance
FROM: Vanessa Ferrel
Financial Analyst – Accounts Receivable
RE: Write-Off Uncollectable accounts $5,000 and below
DeAnna, I need your approval to do the necessary adjustments. All internal and external efforts to collect have been exhausted and the accounts are deemed uncollectible. Attached you will find the list of accounts that need to be written off in Accounts Receivable.
Total $76,980.05
Approval:
DeAnna Christensen Date
Director of Finance
AIRPORT - DAMAGES 3,064.59
CAO/COST RECOVERY 150.00
COMPOST 267.06
FINANCE - COLLECTION FEES 4,509.09
FIRE-INSPECTIONS 111.00
NPU CITATIONS 1,050.00
PARKS -MISC REV ADMIN 83.00
PARKS-CONCESSIONS 3,600.00
PD ADMIN CITE/CULTIVATION 1,000.00
PD- SHELTER RECOVERY 3,799.25
PD-ADMIN CIT/CULTIVATION 1,000.00
PD-ADMIN CITATION 5,950.00
PD-ADMIN CITATION/ANIMAL 25,219.75
PD-ADMIN CITE / FIREWORKS 5,487.25
PD-SHELTER RECOVERY 7,620.00
RISK-DAMAGE/HYDRANT 3,580.60
RISK-ELECTRICAL 640.86
RISK-FLEET/POLICE/FIRE 830.17
RISK-STREETS SIGNS 5,458.72
SOLID WASTE - COMPLIANCE ORDER 3,179.90
UTILITY USERS TAX (PG&E) 378.81
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