Cities Index.
Agenda packet, first session

Modesto City Council
April 11, 2023

Document
Agenda packet, first session
Meeting
April 11, 2023
Body
Modesto City Council
Pages
71
Original file
123.1 MB
Text extracted from the city's file for reading and search. Open the original on agenda2.modestogov.com. That file is the official record.

COUNCIL AGENDA REPORT
DATE OF MEETING:

April 11, 2023
Date: March 28, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: DeAnna Christensen, Director of Finance
Brandon Gillespie, Chief of Police
Alan Ernst, Fire Chief
Bill Sandhu, Public Works Director
SUBJECT: Patrol Vehicles and Fire Boat and Trailer Replacement – City Manager Approval Authority
CONTACT: Dianne Love, Purchasing Manager, [email protected], 209-571-5164 DESCRIPTION:

Consider approving the Purchase of the Modesto Police Department Patrol Vehicles and a Modesto Fire Department Boat with Trailer replacement and authorizing the City Manager or his designee to issue the Purchase Orders. (Funding Source: General Fund and Fleet Replacement Fund)
STRATEGIC PLAN ELEMENT:

This item is related to the 2020-2025 Strategic Plan goal of improving community safety and quality of life through a combination of prevention and intervention efforts that address safety and its underlying issues. (Goal A of Quality of Life Goals and Strategies)”.

BACKGROUND:

Every year, City vehicles and equipment are individually evaluated based on their age, condition, mileage and maintenance costs. In addition, these vehicles and equipment could no longer be serviceable due to vehicle accidents occurring in the field. Following this process, a Fleet Replacement List is submitted to Council annually and is approved as part of the new fiscal year’s Fleet Replacement Budget.

Below is a breakdown of these Fleet Replacement list with the details of the current vehicles.

Fiscal
Year
Vehicle
#
Description Dept. Year of
Vehicle
Meter Repair
Cost
Refer to Exhibit A on the Fleet Replacement details for the MPD Patrol Vehicles.

These vehicles are used in daily law enforcement activities city wide for the Modesto Police Department.
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Patrol Vehicles and Fire Boat and Trailer Replacement – City Manager Approval Authority

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Fiscal
Year
Vehicle
#
Description Dept. Year of
Vehicle
Meter Repair
Cost
22-23 60202 Boat MFD – Suppression 2002 N/A N/A
22-23 89701 Trailer MFD – Suppression 1997 N/A N/A
22-23 70299 Motor MFD – Suppression 2002 N/A N/A
The boat and trailer are used to provide water rescue services on the various bodies of water in and around our protection area.

DISCUSSION:

The Finance Department Purchasing Division and Public Works Fleet Division continue to explore opportunities to facilitate the purchase of City-wide vehicle additions and replacements utilizing the formal bidding process or cooperative agreements. The demand for vehicles is a nationwide challenge and government agencies are competing to secure similar types of vehicles. With the supply chain issues and drastic inflation increases, this adds to the complexity of managing the procurement process for vehicle purchases. Most of the dealers are only allowing agencies to place the order during a short timeframe for a newer model and the wait time to receive these vehicles could take approximately 12-18 months. Even when the order is placed, there is still no guarantee the order submitted will be accepted based on the inventory they might have available. There are currently close to 200 City vehicle replacements and additions currently pending bidding and/or cooperative agreements or back-ordered.

Modesto Police Department Patrol Vehicles
With these challenges, there are significant concerns of being able to have enough Modesto patrol vehicles in the field for the Modesto Police Department (MPD). Currently, the MPD has 19 vehicles on the pending replacement list with 15 more slated for upcoming Fiscal Year 2023- 24 once the budget is approved. This brings the total needed replacement patrol vehicles to 34.

Of the 19 already approved for replacement, only one has an expected delivery date for the Ford Mustang Mach-E1 and the remaining 18 have no production or delivery dates, and several of the patrol vehicles ordered have already been pushed to the 2024 model year for the Ford Interceptors.

Obtaining vehicles directly from the dealership ready for delivery is very limited, and when available, quick action must be taken to secure and procure them as nearly all law enforcement agencies in the United States are competing for these vehicles. The Modesto Police Department has further researched through the California Police Chief Associations (CPCA) members message boards to gather any information on other dealership providers nationwide that have ready to deliver patrol vehicles. There have been opportunities to purchase vehicles directly with the dealership; however by the time the staff prepare for Council approval, the vehicles have already been secured by other agencies.

Modesto Fire Department (MFD) Boat and Trailer
On Saturday, March 25, 2023, the sole water rescue boat owned by the Modesto Fire Department (MFD) was involved in an accident on the way to a call, which resulted in a total loss of the boat as well as its trailer. The department is seeking approval to purchase a new boat and trailer once a purchase becomes available to ensure we can respond to calls for 1 This proposed purchase was presented to City Council on April 4, 2023 for approval. #34..
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Patrol Vehicles and Fire Boat and Trailer Replacement – City Manager Approval Authority

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service during what is anticipated to be record flows on the Tuolumne River. Until the current boat and trailer are replaced, MFD will need to rely heavily on the MST (Modesto Fire Department, Stanislaus Consolidated Fire Protection District, Turlock Fire Department) partnership for mutual aid assistance. However, without a water rescue boat readily available, the department cannot meet the standards of ensuring a quick and effective response to emergencies and the overall safety of the community.

The Finance Department Purchasing Division is requests Council approve and authorize the City Manager to issue a Purchase Order for the MPD patrol vehicles and MFD boat with trailer identified under Exhibit A once the respective vehicles are available to purchase. The estimated amount of a MPD patrol vehicle will range from approximately $57,500 to $63,250, and the estimated amount of the MFD Boat with trailer is estimated at approximately $50,000. The exact amounts of these vehicles will be established by the Purchase Order and may exceed the estimates but all pricing will be compared against the Kelly Blue Book and other comparable vehicle models to ensure the asking pricing is within the current market. These vehicles will be vetted for pricing by Purchasing and by Fleet to ensure they meet the vehicle specifications for these types of vehicles. Under certain circumstances, some vehicle specifications could be modified based on the supply demand availability; however, all specifications will be reviewed prior by MPD, MFD and Fleet to ensure they provide for the service and safety needs. Once the Purchase Order has been issued to the vendor, the Finance Department will return to City Council with the background on the Purchasing vetting process for these Purchase Orders and provide transparency on the amount of the Purchase Order and vendor name.

Modesto Municipal Code Section 8-3.203 generally requires all purchases that meet or exceed $50,000 for material, equipment, or contractual services to be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-3.204(c) “Where the Purchasing Manager, in his or her discretion, determines that calling for bids on a competitive basis as set forth in Section 8-3.203 is undesirable due to exigent circumstances.” This action item falls under this exception due to the supply demand challenges nationwide, the need to purchase critical vehicles for the safety of the community and ensuring the City maintains the necessary vehicle inventory for the MPD patrol staff and MFD.

FISCAL IMPACT:

Sufficient funds for these Patrol Vehicle replacements and Fire Boat with Trailer for the current Fiscal Year 2022-23 and the anticipated Fiscal Year 2023-24 will be captured as part of the upcoming budget. The costs for the Fire Boat with Trailer will be absorbed within the FY 2022- 23 current Fire Department operating budget as it was not previously included in the Fleet Replacement Fund. The boat and trailer will be included in the fund and collected for replacement to ensure funds are collected for future replacement. The Fleet Replacement fund has collected the funding to pay for these replacements and the General Fund Fleet Replacement fund has sufficient reserves to account for the replacements anticipated in Fiscal Year 2023-24.

COMMITTEE RECOMMENDATION:

Due to the time constraints for the procurement of these critical Fleet vehicles, this item was not presented to Council Committee.
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Patrol Vehicles and Fire Boat and Trailer Replacement – City Manager Approval Authority

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RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the Purchase of Modesto Police Department Patrol Vehicles and Modesto Fire Department Boat with Trailer replacements under Exhibit A and authorizing the City Manager or his designee to issue the Purchase Orders.

Approved by:

DeAnna Christensen, Director of Finance
Brandon Gillespie, Chief of Police
Alan Ernst, Fire Chief
Bill Sandhu, Public Works Director
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Exhibit A

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MODESTO CITY COUNCIL
RESOLUTION NO. 2023-?

RESOLUTION APPROVING THE PURCHASE OF MODESTO POLICE

DEPARTMENT PATROL VEHICLES AND MODESTO FIRE

DEPARTMENT BOAT WITH TRAILER REPLACEMENTS UNDER

EXHIBIT A AND AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO ISSUE THE PURCHASE ORDERS.

WHEREAS, every year, City vehicles and equipment are individually evaluated based on their age, condition, mileage and maintenance costs; and WHEREAS, the Finance Department Purchasing Division and Public Works Fleet Division continue to explore opportunities to facilitate the purchase of City-wide vehicle additions and replacements utilizing the formal bidding process or cooperative agreements; and
WHEREAS, the demand for vehicles is a nationwide challenge and government agencies are competing to secure similar types of vehicles; and WHEREAS, with these challenges, there are significant concerns of being able to have enough Modesto patrol vehicles in the field for the Modesto Police Department (MPD); and
WHEREAS, the MPD has 19 vehicles on the pending replacement list with 15 more slated for upcoming Fiscal Year 2023-24 once the budget is approved which brings the total needed patrol replacement vehicles at 34; however; of the 19 already approved for replacement, none have production or delivery dates, and several have already been pushed to the 2024 model year for the Ford Interceptors; and WHEREAS, obtaining vehicles directly from the dealership ready for delivery is very limited and when available, quick action must be taken to secure and procure them as nearly all law enforcement agencies in the United States urgently need vehicles; and #34..
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WHEREAS, on Saturday, March 25, 2023, the only water rescue boat owned by the Modesto Fire Department (MFD) was involved in an accident on the way to a call, which resulted in a total loss of the boat as well as its trailer; and WHEREAS, the department is seeking approval to purchase a new boat and trailer once a purchase becomes available to ensure we can respond to calls for service during what is anticipated to be record flows on the Tuolumne River. Until the current boat and trailer are replaced, MFD will need to rely heavily on the MST (Modesto Fire Department, Stanislaus Consolidated Fire Protection District, Turlock Fire Department) partnership for assistance; and
WHEREAS, the Finance Department Purchasing Division is requesting approval to authorize the City Manager to issue a Purchase Order for the MPD patrol vehicles and MFD boat with trailer identified under Exhibit A once a vehicle is available to purchase; and
WHEREAS, the estimated amount of a MPD patrol vehicle will range to approximately $57,500 to $63,250, and the estimated amount of the MFD Boat with trailer is approximately $50,000. The exact amounts of these vehicles will be established by the Purchase Order, and may exceed the estimates; and WHEREAS, these vehicles will be vetted for pricing by Purchasing and by Fleet to ensure they meet the vehicle specifications for these types of vehicles; and WHEREAS, under certain circumstances, some vehicle specifications could be modified based on the supply demand availability but all specifications will be reviewed by MPD, MFD and Fleet to ensure they provide for the service and safety needs; and #34..
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WHEREAS, once the Purchase Order has been issued to the vendor, the Finance Department will return to City Council with the background on the Purchasing vetting process for these Purchase Orders and provide transparency on the amount of the Purchase Order and vendor name; and
WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases that meet or exceed $50,000 for material, equipment, or contractual services to be formally bid; However, exceptions to the formal bidding process are granted in MMC 8-3.204(c) “Where the Purchasing Manager, in his or her discretion, determines that calling for bids on a competitive basis as set forth in Section 8-3.203 is undesirable due to exigent circumstances”; and
WHEREAS, this action item falls under this exception due to the supply demand challenges nationwide, the need to purchase critical vehicles for the safety of the community and ensuring the City maintains the necessary vehicle inventory for the MPD patrol staff and MFD.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it approves the purchase of Modesto Police Department Patrol Vehicles and Modesto Fire Department Boat with Trailer replacements under Exhibit A.

BE IT FURTHER RESOLVED by the Council of the City of Modesto authorizing the City Manager, or his designee, to issue the Purchase Orders. #34..
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The foregoing resolution was introduced in a regular meeting of the Council of the City of Modesto held on the 11th day of April 2023, 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:

DIANE NAYARES-PEREZ, CMC, CITY CLERK
(SEAL)
APPROVED AS TO FORM:

By: _________________________________
JOSE M. SANCHEZ, City Attorney
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Exhibit A - Modesto Police Department - Patrol Vehicles and Modesto Fire Boat/Trailer Replacement
Year Line # Vehicle Description Old Unit Fund Cost Center Cost Center Description Year of
Vehicle Meter Repair Cost
Estimated
Replacement Cost
FY 21-22 1 TRK 1/2 TON RESPONDER 11108 0100 19320 MPD - Police Field Ops. 2011 108,875 $ 59,194 $63,250 FY 21-22 2 TRK 1/2 TON RESPONDER 11192 0100 19320 MPD - Police Field Ops. 2011 72,787 $ 43,499 $63,250 FY 21-22 3 TRK 1/2 TON RESPONDER 31434 0100 19320 MPD - Police Field Ops. 2014 89,287 $ 69,516 $63,250 FY 21-22 4 SUV PATROL 31522 0100 19320 MPD - Police Field Ops. 2015 114,880 $ 63,746 $63,250 FY 21-22 5 SUV PATROL 31524 0100 19320 MPD - Police Field Ops. 2015 114,880 $ 54,499 $63,250 FY 21-22 6 SUV PATROL 31725 0100 19320 MPD - Police Field Ops. 2017 108,914 $ 69,731 $63,250 FY 21-22 7 SUV PATROL 31729 0100 19320 MPD - Police Field Ops. 2017 109,271 $ 55,822 $63,250 FY 21-22 8 SUV PATROL 31620 0100 19320 MPD - Police Field Ops. 2016 98,778 $ 61,629 $63,250 FY 21-22 9 SUV PATROL 31645 0100 19320 MPD - Police Field Ops. 2016 112,976 $ 61,629 $63,250 FY 22-23 10 SEDAN PATROL/SUV Patrol 32106 0100 19320 MPD - Police Field Ops. 2021 10,973 $ 11,941 $57,500 FY 22-23 11 SUV PATROL 32102 0100 19320 MPD - Police Field Ops. 2021 18,297 $ 11,942 $57,500 FY 22-23 12 SUV PATROL 31842 0100 19320 MPD - Police Field Ops. 2018 55,647 $ 37,045 $57,500 FY 22-23 13 SUV PATROL 31727 0100 19320 MPD - Police Field Ops. 2017 120,041 $ 68,830 $57,500 FY 22-23 14 SUV PATROL 31434 0100 19320 MPD - Police Field Ops. 2014 118,003 $ 86,493 $57,500 FY 22-23 15 SUV PATROL 31809 0100 19320 MPD - Police Field Ops. 2018 109,900 $ 54,620 $57,500 FY 22-23 16 SUV PATROL 31750 0100 19320 MPD - Police Field Ops. 2017 105,430 $ 61,603 $57,500 FY 22-23 17 SUV PATROL 31713 0100 19320 MPD - Police Field Ops. 2017 103,409 $ 58,648 $57,500 FY 22-23 18 SUV PATROL 11192 0100 19320 MPD - Police Field Ops. 2011 82,626 $ 47,688 $57,500 FY 22-23 19 FIRE BOAT 60202 0100 18210 MFD - Surpression 2002 N/A N/A FY 22-23 20 FIRE TRAILER 89701 0100 18210 MFD - Surpression 1997 N/A N/A FY 22-23 21 FIRE MOTOR 70299 0100 18210 MFD - Surpression 2002 N/A N/A FY 23-24 22 SUV PATROL SGT UAV 31407 0100 19320 MPD - Police Field Ops 2014 85,118 $ 79,311 $62,330 FY 23-24 23 SUV PATROL 31544 0100 19320 MPD - Police Field Ops 2015 119,200 $ 121,632 $57,500 FY 23-24 24 SUV PATROL SGT 31549 0100 19320 MPD - Police Field Ops 2015 114,467 $ 62,229 $57,500 FY 23-24 25 SUV PATROL LP READER 31519 0100 19320 MPD - Police Field Ops 2015 112,906 $ 83,411 $57,500 FY 23-24 26 SUV PATROL 31664 0100 19320 MPD - Police Field Ops 2016 124,113 $ 86,066 $57,500 FY 23-24 27 SUV PATROL 31760 0100 19320 MPD - Police Field Ops 2017 116,347 $ 61,226 $57,500 FY 23-24 28 SUV PATROL 31721 0100 19320 MPD - Police Field Ops 2017 105,076 $ 84,225 $57,500 FY 23-24 29 SUV PATROL 31718 0100 19320 MPD - Police Field Ops 2017 90,908 $ 47,513 $57,500 FY 23-24 30 SUV PATROL 31762 0100 19320 MPD - Police Field Ops 2017 83,650 $ 81,626 $57,500 FY 23-24 31 SUV PATROL 31727 0100 19320 MPD - Police Field Ops 2017 120,041 $ 68,830 $57,500 FY 23-24 32 SUV PATROL 31713 0100 19320 MPD - Police Field Ops 2017 103,409 $ 58,648 $57,500 FY 23-24 33 SUV PATROL 31750 0100 19320 MPD - Police Field Ops 2017 105,430 $ 61,603 $57,500 FY 23-24 34 SUV PATROL 31857 0100 19320 MPD - Police Field Ops 2018 86,887 $ 55,567 $57,500 FY 23-24 35 SUV PATROL 31809 0100 19320 MPD - Police Field Ops 2018 109,900 $ 54,620 $57,500 FY 23-24 36 SUV PATROL 31840 0100 19320 MPD - Police Field Ops 2018 84,867 $ 48,011 $57,500 Total $2,004,080
$50,000
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

April 11, 2023
Date: April 3, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Christina Alger, Director of Human Resources
SUBJECT: Retiree Hazard Pay
CONTACT: Christina Alger, Director of Human Resources
[email protected], 209-571-5126
DESCRIPTION:

Discussion of the use of American Rescue Plan Act (ARPA) funds to provide funding for Hazard Pay to retirees and possible direction from Council. (Funding Source: ARPA funds) STRATEGIC PLAN ELEMENT:

This item supports the 2020-2025 Strategic Plan’s Service and Delivery Goals & Strategies - Building a High-Performing Organization by Attracting and Retaining High-Performance Employees.

BACKGROUND:

The American Rescue Plan Act is a $1.9 Trillion Emergency Relief Measure providing relief to address the impacts of COVID-19 on the American public including first responders, frontline health workers, teachers, local governments, and other providers of vital services. This plan included $130 billion to local government, divided between cities and counties, via a Community Development Block Grant (CDBG) funding formula. These funds were to be used within each community to assist with the recovery efforts of local businesses and individuals adversely affected by the pandemic.

On February 8, 2022, the City presented a relief spending plan that encompassed immediate relief of added expenditures regarding public health and safety and to support the community with essential programs needed to recover from the pandemic impacts. There were also shortterm and long-term plans to ensure the best sustainable use of the funds.

One allowable use for ARPA funds is to compensate employees who were required to continue providing essential services to the public. Many agencies have provided a stipend to their employees to recognize their hard work and sacrifice to ensure essential services are provided to the community while risking exposure to COVID-19.
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Retiree Hazard Pay

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On March 7, 2023, by Resolution No. 2023-97, Council approved the use of ARPA funds to provide Hazard Pay to current employees as a negotiated agreement.

DISCUSSION:

The item on March 7, 2023 only pertained to employees who are currently employed with the City of Modesto and who worked during three specified periods of time. There have been several inquiries from former employees regarding their eligibility to receive the pay despite no longer being employed. Several former employees spoke during the March 7th meeting and requested consideration for hazard pay. The City Council adopted to move forward with the presented hazard pay for current employees and directed staff to bring an item to a future meeting for discussion related to retirees who worked during the pandemic. This item is to permit the discussion.

FISCAL IMPACT:

There is no identified fiscal impact associated with this item.

COMMITTEE RECOMMENDATION:

This item was not taken to a committee.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

There is no staff recommendation associated with this item.

Approved by:

Christina Alger, Director of Human Resources
Joseph P. Lopez, City Manager
Attachments:
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4/11/2023 4:45:00 PM

OFFICE OF THE CITY CLERK

NOTICE OF SPECIAL MEETING
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, APRIL 11, 2023 AT 5:00 PM
and before 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
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
One Case (Pursuant to Section 54956.9(d)(4) of the Government Code) Case Name: Potential Litigation Related to National Opiate Litigation U.S.D.C. Eastern District of California,
Case No. 218-cv-001135 and U.S.D.C., Northern District of Ohio, MDL No. 2804, Case No. 17-MD-2804

BY ORDER OF THE CHAIR
/S
Diane Nayares-Perez, City Clerk
Posted pursuant to Government Code Section 54956 on the bulletin board at Tenth Street Place on at by
date time signature
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