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MODESTO CITY COUNCIL
www.modestogov.com
AGENDA
City of Modesto
CITY COUNCIL MEETING
Chambers, Basement Level
Tenth Street Place, 1010 10th Street
Modesto, California
Tuesday, April 11, 2023 at 5:30 PM
Roll Call - Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
“Wordly” can translate into 25+ different languages! To access written translation during the meeting, please scan the QR Code or click this link https://attend.wordly.ai/join/RJDY-6364.
"Wordly" puede traducir a más de 25 idiomas diferentes! Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace https://attend.wordly.ai/join/RJDY-6364.
THIS MEETING WILL BE PHYSICALLY OPEN TO THE PUBLIC AND BY ZOOM
VIDEO CONFERENCING AND TELEPHONE
Effective March 1, 2023, if a technical issue arises with Zoom or the phone dial-in option, the City Council meeting will continue unless the meeting is being held pursuant to the provisions of Assembly Bill 2449. Alternative viewing options are listed below and the meeting is physically open to the public.
You may observe a livestream of the meeting at http://media.modestogov.com. You may also participate in the meeting as indicated below.
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PARTICIPATING IN CITY COUNCIL MEETINGS
As a courtesy, the City of Modesto is providing alternatives to view Council meetings and provide public comments. If you wish to make either a general public comment or to comment on a specific agenda item, you may use one of the following options:
SUBMITTING COMMENTS BY E-MAIL
Written comments may be submitted via email to: [email protected] (include Agenda Item Number in the subject line). All comments will be shared with the Councilmembers and placed in the record, but will not be read aloud during the meeting. Written comments must be received two hours before the meeting.
VIRTUAL PARTICIPATION BY ZOOM VIDEO
CONFERENCING AND TELEPHONE
Joining the City Council meeting via Zoom
The City of Modesto is now offering the ability to view and participate in Council meetings via telephonic conferencing via “Zoom” video conferencing computer technology. The meeting may be accessed through the use of Zoom using the following options:
Enter the following link into an Internet Browser
https://us02web.zoom.us/j/86945970570,
Enter the following link into an Internet Browser https://zoom.us/ and using the Webinar ID 869 4597 0570
Passcode 84326
To use Zoom, please visit: https://zoom.us/ and either sign-up for a free Zoom account or continue as a guest. Once you have downloaded the app onto your mobile device, joined from your web browser, or downloaded the Zoom software on your computer you will be ready for the upcoming Council meeting.
Joining the City Council meeting via Telephone
If you don’t have a smart phone or computer to access the meeting via Zoom, you can participate by phone, by calling 1-877-853-5257 (Toll Free) or 1-888-475-4499 (Toll Free) and enter the Webinar ID 869 4597 0570 Passcode 84326
Providing Public Comment on Zoom and by Telephone
The Mayor will request public comment during the Public Comment periods on the meeting agendas and during each Public Hearing and Regular Calendar Item on the Council Agenda.
Once the Mayor has announced the public comment period, please do one of the following.
USING A COMPUTER OR SMART PHONE APP:
Click on the “Raise Hand” feature in the webinar controls. This will notify City staff that you have raised your hand.
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City staff will unmute your microphone when it is your turn to provide public comment.
A prompt will appear to confirm you would like to be unmuted and then you will have three minutes to provide public comment.
Once your public comment has ended, you will be muted again.
USING A REGULAR PHONE (not using a computer or smart phone APP):
Dial *9 (star 9), this will notify City staff that you have “raised your hand” for public comment.
City staff will unmute your microphone when it is your turn to provide public comment.
You will hear “you are unmuted” and then you will have three minutes to provide public comment.
Once your public comment has ended, you will be muted again. If your phone is unmuted, and you are unable to be heard, the host may ask that you Dial *6 to toggle mute on/off in Zoom.
Additional Zoom resources/support
Please visit Zoom’s website support page on helpful tips to prepare for the meeting:
https://support.zoom.us/hc/en-us/categories/201146643
Pledge of Allegiance to the Flag
Invocation: Edward Eissabake, St. John's Assyrian Evangelical Presbyterian Church City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Proclamation declaring April 22, 2023 as Earth Day. (Funding Source: Not Applicable) CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]
2. Proclamation declaring April as Genocide Awareness Month (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]
3. Proclamation declaring the week of April 10 -14, 2023 as Community Development Week. (Funding Source: Not Applicable)
CED; Jessica Hill, 209-577-5321, [email protected]
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MISCELLANEOUS
Legislation, Appointments, Other
4. Consider accepting the resignation of Hank Pollard from the City of Modesto Planning Commission. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution accepting the resignation of Hank Pollard from the City of Modesto Planning Commission.
CED; Jessica Hill, 209-577-5267, [email protected]
5. Consider accepting the resignation of Tim Fisher from the Modesto Convention and Visitors Bureau Board of Directors. (Funding Source: Not Applicable) Staff Recommendation:
Resolution accepting the resignation of Tim Fisher from the Modesto Convention and Visitors Bureau Board of Directors,
PRN; Laurie Smith, 209-577-5347, [email protected]
6. Consider appointing Chad Hilligus and Amber Lingley and reappointing Bert Tabrizi and Rodney Cordova, to the Modesto Convention and Visitors Bureau Board of Directors, for a two-year term retroactive to January 1, 2023 through December 31, 2024 (Funding Source: Not Applicable)
Staff Recommendation:
Resolution appointing Chad Hilligus and Amber Lingley to the Modesto Convention and Visitors Bureau Board of Directors for a two-year term retroactive to January 1, 2023 through December 31, 2024. Resolution reappointing Bert Tabrizi and Rodney Cordova to the Modesto Convention and Visitors Bureau Board of Directors for a two-year term retroactive to January 1, 2023 through December 31, 2024.
PRN; Laurie Smith, 209-577-5347, [email protected]
PUBLIC COMMENT PERIOD
Please refer to the special comment instructions above.
Three-minute time limit per speaker
Only interested persons in the audience may present these matters. Under State law, Councilmembers may respond to matters being presented under this item only as follows:
a. Briefly respond to statements made or questions raised. b. Ask a question for clarification.
c. Provide a reference to staff or other resources for factual information. d. Request staff to report back at a subsequent meeting. e. Finally, a Councilmember or the Council itself may take action to direct staff to place a matter of business on a future agenda.
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CONSENT ITEMS – ROLL CALL VOTE REQUIRED
Information concerning the consent items listed below has been forwarded to each Councilmember prior to this meeting for study. Unless some member of the audience or Councilmember has a question concerning an item and asks that it be withdrawn from the consent list, the Council approves the items at one time. The action taken by the Council in approving consent items is set forth in the explanation of this individual item.
Any and all of the following agenda items are subject to action by the Modesto City Council.
This Agenda is on file in the City Clerk’s Office, Sixth Floor, 10th Street Place, Posting Board at entry of 10th Street Place, and is available on the City’s Web site at www.modestogov.com.
In accordance with the requirements of Title II of the Americans with Disabilities Act (“ADA”) of 1990, the Fair Employment & Housing Act (“FEHA”), the Rehabilitation Act of 1973 (as amended), Government Code section 11135 and other applicable codes, the City of Modesto (“City”) will not discriminate against individuals on the basis of disability in the City’s services, programs, or activities. For more information, please visit the City of Modesto website at https://www.modestogov.com/865/Americans-with-Disabilities-Act-ADA In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (209) 577-5396. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
CONSENT
An item may be removed from consent and discussed at the request of an audience member or Councilmember.
Consent
7. Consider approving the minutes from the April 4, 2023 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving the minutes from the April 4, 2023 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
8. Consider approving Final Adoption of Ordinance 3761-C.S. amending Section 27-3-9 of the Zoning Map of the City of Modesto to Rezone from Low-Density Residential, r1, to Medium-High Density Residential, r-3, properties located 1505 and 1513 Scenic Drive (City of Modesto). (Funding Source: Not Applicable) Staff Recommendation:
Motion approving Final Adoption of Ordinance 3761-C.S. amending Section 27-3-9 of the Zoning Map of the City of Modesto to Rezone from Low-Density Residential, r-1, to Medium-High Density Residential, r-3, properties located - 6 -
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1505 and 1513 Scenic Drive (City of Modesto).
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
9. Consider approving Final Adoption of Ordinance 3762-C.S. amending Section 10-
4.102 of Title 10, Chapter 4 (Development Standards), Article 1 (Residential Zones); repealing Section 10-4.115 and Section 10-4.116 of Title 10, Chapter 4 (Development Standards), Article 1 (Residential Zones); adding Article 5 regarding Accessory Dwelling Units to Title 10, Chapter 4 (Development Standards); and repealing and replacing Chapter 8 of Title 10 regarding Density Bonus and Affordable Housing. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving Final Adoption of Ordinance 3762-C.S. amending Section 10-4.102 of Title 10, Chapter 4 (Development Standards), Article 1 (Residential Zones); repealing Section 10-4.115 and Section 10-4.116 of Title 10, Chapter 4 (Development Standards), Article 1 (Residential Zones); adding Article 5 regarding Accessory Dwelling Units to Title 10, Chapter 4 (Development Standards); and repealing and replacing Chapter 8 of Title 10 regarding Density Bonus and Affordable Housing.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
10. Consider accepting the Informational Fiscal Year 2022-23 General Fund Mid-Year Update Report and approving the recommended budget adjustments to the major General Fund Revenues and Expenditures in the Fiscal Year 2022-23 Annual Operating Budget. . (Funding Source: General Fund)
Staff Recommendation:
Resolution accepting the Informational Fiscal Year 2022-23 General Fund MidYear Update Report and approving the recommended budget adjustments to the major General Fund Revenues and Expenditures in the Fiscal Year 2022-23 Annual Operating Budget.
BUDGET; Steve Christensen, 209-577-5390, [email protected] Consent
11. Consider accepting Fiscal Year 2023-24 Engineer’s Annual Report for Landscape Maintenance Assessment District No. 1 for Dry Creek Meadows Subdivisions Nos. 1- 6; Notice of Intention to Levy and Collect Assessments for Landscape Maintenance Assessment District No. 1 for Dry Creek Meadows Subdivisions Nos. 1-6 and setting a Public Hearing on June 27, 2023, to Consider the Fiscal Year 2023-24 Levy and Collection of Assessments Within Landscape Maintenance Assessment District No. 1. (Funding Source: Landscape Maintenance District No. 1)
Staff Recommendation:
Resolution accepting Fiscal Year 2023-24 Engineer’s Annual Report for Landscape Maintenance Assessment District No. 1 for Dry Creek Meadows Subdivisions Nos. 1-6; Notice of Intention to Levy and Collect Assessments for Landscape Maintenance Assessment District No. 1 for Dry Creek Meadows - 7 -
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Subdivisions Nos. 1-6 and setting a Public Hearing on June 27, 2023 to Consider the Fiscal Year 2023-24 Levy and Collection of Assessments Within Landscape Maintenance Assessment District No. 1.
CED; Peter Ibrahim, 209-577-5211, [email protected] Consent
12. Consider accepting the Fiscal Year 2023-24 Engineer’s Annual Report for Landscape Maintenance Assessment District No. 2 for Dry Creek Meadows Subdivisions Nos. 7- 10, Creekwood Meadows Subdivision, and Yosemite Meadows Subdivisions Units 1 and 2; Notice of Intention to Levy and Collect Assessments for Landscape Maintenance Assessment District No. 2 for Dry Creek Meadows Subdivisions Nos. 7- 10, Creekwood Meadows Subdivision, and Yosemite Meadows Subdivisions Units 1 and 2; and setting a Public Hearing on June 27, 2023 to Consider the Fiscal Year 2023- 24 Levy and Collection of Assessments Within Landscape Maintenance Assessment District No. 2. (Funding Source: Landscape Maintenance District No. 2) Staff Recommendation:
Resolution accepting the Fiscal Year 2023-24 Engineer’s Annual Report for Landscape Maintenance Assessment District No. 2 for Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision, and Yosemite Meadows Subdivisions Units 1 and 2; Notice of Intention to Levy and Collect Assessments for Landscape Maintenance Assessment District No. 2 for Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision, and Yosemite Meadows Subdivisions Units 1 and 2; and setting a Public Hearing on June 27, 2023 to Consider the Fiscal Year 2023-24 Levy and Collection of Assessments Within Landscape Maintenance Assessment District No. 2.
CED; Peter Ibrahim, 209-577-5211, [email protected] Consent
13. Consider accepting the Fiscal Year 2023-24 Engineer’s Annual Report for the Shackelford Landscape and Lighting District; Notice of Intention to Levy and Collect Assessments for the Shackelford Landscape and Lighting District; and setting a Public Hearing on June 27, 2023, to Consider the Fiscal Year 2023-24 Levy and Collection of Assessments Within the Shackelford Landscape and Lighting District. (Funding Source: Shackelford Landscape and Lighting District)
Staff Recommendation:
Resolution approving the Fiscal Year 2023-24 Engineer’s Annual Report for the Shackelford Landscape and Lighting District; Notice of Intention to Levy and Collect Assessments for the Shackelford Landscape and Lighting District; and setting a Public Hearing on June 27, 2023 to Consider the Fiscal Year 2023-24 Levy and Collection of Assessments Within the Shackelford Landscape and Lighting District.
CED; Peter Ibrahim, 209-577-5211, [email protected] Consent
14. Consider approving a Revolving Loan Fund Program for Capital Facilities Fees, Water - 8 -
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Connection and/or Wastewater Capacity Fees; and a Downtown Revolving Loan Fund Program for Construction Costs and Fees. (Funding Source: American Rescue Plan Act)
Staff Recommendation:
Resolution approving a Revolving Loan Fund Program for Capital Facilities Fees, Water Connection and/or Wastewater Capacity Fees; and a Downtown Revolving Loan Fund Program for Construction Costs and Fees CED; Peter Ibrahim, 209-577-5211, [email protected] Consent
15. Consider approving the City of Modesto’s Permanent Local Housing Allocation (PLHA) Program Year Three Award. (Funding Source: Permanent Local Housing Allocation Funds)
Staff Recommendation:
Resolution approving the City of Modesto’s Permanent Local Housing Allocation (PLHA) Program Year Three Award, authorizing the City Manager, or his designee, to negotiate and execute any related program agreements, contracts or other documentation required for implementation and acceptance of the Permanent Local Housing Allocation (PLHA) Program, and to take the necessary steps to implement the provision of this Resolution. Resolution amending the Fiscal Year 2022-2023 Multi-Year Fund Budget to a project for the Fiscal Year 2022-2023 PLHA Program to be funded with Permanent Local Housing Allocation Program Grant and authorizing the City Manager or his designee to take the necessary steps to implement the provisions of this Resolution.
CED; Edgar Garcia, 209-577-5211, [email protected] Consent
16. Consider approving the Encampment Resolution Funding Program Application. (Funding Source: Encampment Resolution Funding)
Staff Recommendation:
Resolution approving the Encampment Resolution Funding Program Application, and authorizing the City Manager, or his designee, to submit the Encampment Resolution Funding (ERF) Application, and applicable documentation, as required by California Interagency Council on Homelessness (Cal-ICH), and to take the necessary steps to implement the provision of this Resolution.
CED; Edgar Garcia, 209-577-5211, [email protected] Consent
17. Consider authorizing the City Manager, or designee, to negotiate and enter into Agreements to relocate utilities with various Public Utility Companies, including Union Pacific Railroad, AT&T, State Lands Commission, and other Public Agencies as necessary to facilitate the construction of the new 7th Street Bridge over the Tuolumne River. (Funding Source: Capital Facility Fees)
Staff Recommendation:
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Resolution authorizing the City Manager, or designee to negotiate and enter into Agreements to relocate utilities with Various Public Utility Companies, including Union Pacific Railroad, AT&T, State Lands Commission, and other Public Agencies as necessary to facilitate the construction of the new 7th Street Bridge over the Tuolumne River.
CED; Toby Wells, 209-571-5542, [email protected]
Consent
18. Consider adopting the Bylaws for the Measure L Citizens’ Transportation Sales Tax Commission. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution adopting the Bylaws for the Measure L Citizens’ Transportation Sales Tax Commission.
CED; Toby Wells, 209-571-5542, [email protected]
Consent
19. Consider accepting the Monthly Investment Report for January 2023. (Funding Source:
Various Funds)
Staff Recommendation:
Motion accepting the Monthly Investment Report for January 2023.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
Consent
20. Consider approving an Agreement with Elavon, Inc., Atlanta, GA for Merchant Services for an annual estimated amount of $141,965 and a total amount not to exceed $1,135,720 over eight years. (Funding Source: Various Funds) Staff Recommendation:
Resolution approving an Agreement with Elavon, Inc., Atlanta, GA, by utilizing the State of California’s Merchant Service Agreement, for Merchant Services for a four-year Agreement with two two-year extension options, for an annual estimated amount of $141,965 and a total amount not to exceed $1,135,720 over eight years; and authorizing the City Manager, or his designee, to execute the Agreement.
FINANCE DEPARTMENT; Gina Brown, 209-577-5381, [email protected] Consent
21. Consider approving a Purchasing Agreement with the California Department of Technology and Crayon Software Experts, LLC of Dallas, TX, for the City’s Microsoft “Enterprise Agreement” (MSEA) and Licensing, for a total amount not to exceed $2,640,392, over thirty-five months. (Funding Source: Information Technology Fund) Staff Recommendation:
Resolution approving a Purchase Agreement with the California Department of Technology and Crayon Software Experts, LLC of Dallas, TX, by utilizing the Competitive Bid Process with the California Department of Technology and Riverside County, (Government Agencies who completed the bid) for a total - 10 -
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amount not to exceed $2,640,392, over thirty-five months and authorizing the City Manager, or his designee, to execute the Agreement.
IT; Kevin Harless, 209-571-5593, [email protected] Consent
22. Consider approving a First Amendment to the Annual Agreement with West Coast Arborists, Inc., of Anaheim, CA for the furnishing of On-Call Vegetation Management Services for the Parks, Recreation and Neighborhoods Department for a one-time increase of $350,000 to year two of the Agreement, for a year two total of $600,000, and for a total revised estimated amount not to exceed $1,600,000 over the term of the Agreement. (Funding Source: Tuolumne River Regional Park Operations Fund, Measure H)
Staff Recommendation:
Resolution approving a First Amendment to the Annual Agreement with West Coast Arborists, Inc., of Anaheim, CA for the furnishing of On-Call Vegetation Management Services for the Parks, Recreation and Neighborhoods Department for a one-time increase of $350,000 to year two of the Agreement, for a year two total of $600,000, and for a total revised amount not to exceed $1,600,000 over the term of the Agreement and authorizing the City Manager, or his designee, to execute the Amendment.
PRN; Nathan Houx, 209-571-5526, [email protected]
Consent
23. Consider approving the submission of the City’s Local Transportation Funds Fiscal Year 2022-2023 Claim for Non-Motorized and Other Purposes (bike lanes and pedestrian pathways) in the amount of $297,316 to the Stanislaus Council of Governments (StanCOG) to be used for Virginia Corridor Phase VII. (Funding Source:
Local Transportation Funds)
Staff Recommendation:
Resolution approving the submission of the City’s Local Transportation Funds Fiscal Year 2022-2023 Claim for Non-Motorized and Other Purposes (bike lanes and pedestrian pathways) in the amount of $297,316 to the Stanislaus Council of Governments (StanCOG) and authorizing the City Manager, or his designee, to take the necessary steps to implement the provisions of this Resolution.
Resolution amending the Fiscal Year 2022-2023 Capital Improvement Program Budget to fund Project 100813 (Virginia Corridor Phase VII) in an amount not to exceed $666,382 in transfers, revenue, and to budget expenditures to fund the project and authorizing the City Manager or his designee, to implement the provisions of this Resolution.
PRN; Nathan Houx, 209-571-5526, [email protected]
Consent
24. Consider approving a list of projects to be funded with Road Repair and Accountability Act Tax Proceeds for Fiscal Year 2023-2024. (Funding Source: Senate Bill 1 Funds) Staff Recommendation:
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Resolution approving a list of projects to be funded with Road Repair and Accountability Act Tax Proceeds in Fiscal Year 2023-24 in an amount up to $5,834,851.
PUBLIC WORKS; John Sphar, 209-342-2235, [email protected] Consent
25. Consider authorizing the submittal of application(s) to CalRecycle for the Organics Grant Program. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution authorizing the submittal of application(s) to the CalRecycle Organics Grant Program, and authorizing the City Manager, or his designee, to sign Grant Applications and related forms.
PUBLIC WORKS; Rosene Salmo, 209-577-5453, [email protected] Consent
26. Consider authorizing the submittal of application(s) to the Environmental Protection Agency for the Climate Pollution Reduction Grant program. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution authorizing the submittal of application(s) to the Environmental Protection Agency Climate Pollution Reduction Grant Program, and authorizing the City Manager, or his designee, to sign Grant Applications and related forms.
PUBLIC WORKS; Nathan Gorth, 209-577-5453, [email protected] Consent
27. Consider approving the Plans and Specifications for the Grayson Community Strengthen & Replace Water Mains Project; accepting the Bid and Awarding a Construction Contract to D.A. Wood Construction, Inc., of Oakdale, CA, for a total amount not to exceed $2,966,217. (Funding Source: Water Fund) Staff Recommendation:
Resolution approving Plans and Specifications for the Grayson Community Strengthen & Replace Water Mains Project, accepting the Bid, and approving a Construction Contract with D.A. Wood Construction, Inc., of Oakdale, CA, in the amount of $2,696,561, plus $269,656 in contingency (if needed), for a total amount not to exceed $2,966,217 and authorizing the City Manager, or his designee, to execute the Contract.
Resolution authorizing an increase in the Director’s Authority to issue Change Orders for the Grayson Community Strengthen & Replace Water Mains Project from 8% ($215,725) to 10% ($269,656) of the Construction Contract amount of $2,696,561 with D.A. Wood Construction, Inc., of Oakdale, CA. Resolution amending the Fiscal Year 2022-23 Capital Improvement Program Budget in the amount of $1,163,000 to be transferred into the Project from Water Fund Reserves in order to fund the Construction Phase of the Grayson Community Strengthen & Replace Water Mains Project.
UTILITIES; Edgar Vargas, 209-577-5424, [email protected] - 12 -
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Consent
28. Consider accepting the Department of Water Resources 2021 Urban and Multibenefit Drought Relief Grant Program Award of $1,000,000 for the Well 312 Treatment System & Flush Line Project; authorizing the City Manager, or his designee, to enter into a Local Project Sponsor Agreement with Contra Costa Water District and execute all grant-related documents. (Funding Source: Water Fund) Staff Recommendation:
Resolution accepting the Department of Water Resources 2021 Urban and Multibenefit Drought Relief Grant Program Award of $1,000,000 for the Well 312 Treatment System and Flush Line Project; authorizing the City Manager, or his designee, to enter into a Local Project Sponsor Agreement with Contra Costa Water District and to execute all grant-related documents and authorizing the Director of Finance to be the signatory of Grant Invoice Forms during requests for reimbursements.
Resolution amending the Fiscal Year 2022-23 Capital Improvement Program Budget in the amount of $1,306,000 in order to accept a Grant Award from the Department of Water Resources and fund the Well 312 Treatment System and Flush Line Project.
UTILITIES; Edgar Vargas, 209-577-5424, [email protected] Consent
29. Consider approving three On-Call Agreements for Materials Testing and Special Inspection Services, with Krazan & Associates, Inc., BSK Associates, and Terracon Consultants, Inc., for a one-year Agreement with two one-year extension options, for an annual amount not to exceed $74,500 per consultant, and a total amount not to exceed $223,500 per consultant over three years. (Funding Source: Various Capital Improvement Program Projects)
Staff Recommendation:
Resolution approving an On-Call Agreement with Krazan & Associates, Inc., for Materials Testing and Special Inspection Services, for a one-year Agreement with two one-year extension options, for an annual amount not to exceed $74,500, and a total amount not to exceed $223,500 over three years and authorizing the City Manager or his designee to execute the Agreement. Resolution approving an On-Call Agreement with BSK Associates, for Materials Testing and Special Inspection Services, for a one-year Agreement with two one-year extension options, for an annual amount not to exceed $74,500, and a total amount not to exceed $223,500 over three years and authorizing the City Manager or his designee to execute the Agreement. Resolution approving an On-Call Agreement with Terracon Consultants Inc., for Materials Testing and Special Inspection Services, for a one-year Agreement with two one-year extension options, for an annual amount not to exceed $74,500, and a total amount not to exceed $223,500 over three years and authorizing the City Manager or his designee to execute the Agreement.
UTILITIES; Peter Kambel, 209-577-5444, [email protected] - 13 -
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Consent
30. Consider approving a First Amendment to the Agreement with National Plant Services, Inc., of Hayward, CA, for Pipe Inspection and Assessment Services for the River Trunk Inspection and Assessment Project for a revised Agreement total not to exceed $510,300. (Funding Source: Wastewater Fund)
Staff Recommendation:
Resolution approving a First Amendment to the Agreement with National Plant Services, Inc., Hayward, CA, for Pipe Inspection and Assessment Services for the River Trunk Inspection and Assessment Project in the amount of $331,000, for an Agreement total not to exceed $510,300; and authorizing the City Manager, or his designee, to execute the Amendment.
Resolution amending the Fiscal Year 2022/23 Multi-Year Program Budget in the amount of $331,000 to be transferred into the project from Wastewater Fund Reserves in order to fund the River Trunk Inspection and Assessment Project.
UTILITIES; Robert Englent, 209-577-6222, [email protected]
COUNCIL COMMENTS & REPORTS
CITY MANAGER COMMENTS & REPORTS
NEW BUSINESS
31. Consider approving the Purchase and Agreements for the Cybersecurity Attack Responses for an amount of $548,266 plus 7% contingency in the amount of $38,379 for a total amount not to exceed $586,645 and approving Agreements with Security Tool Vendors in an amount of $462,210 plus 7% contingency in the amount of $34,790 for a total amount not to exceed $497,000. (Funding Source: City Insurance Fund and Information Technology Fund)
Staff Recommendation:
Resolution approving the Purchase and Agreements for the Cybersecurity Attack Responses for an amount of $548,266 plus 7% contingency in the amount of $38,379 for a total amount not to exceed $586,645 and authorizing the City Manager, or his designee, to execute these Agreements. Resolution approving the Agreements with Security Tool Vendors in an amount of $462,210 plus 7% contingency in the amount of $34,790 for a total amount not to exceed $497,000 and authorizing the City Manager, or his designee, to execute these Agreements.
IT; Scott Conn, 209-577-5229, [email protected]
32. Consider approving a three-year extension of the irrevocable direct pay Letter of Credit (LOC) with BMO Harris Bank N.A. (formerly Bank of the West) supporting the Lease Revenue Bonds, Series 2008 (Bonds) authorizing the distribution of a Supplemental Official Statement, and authorizing certain other related actions to complete the threeyear extension to the Lease Revenue Bonds LOC. (Funding Source: General Fund, Redevelopment Successor Agency and Various Funds)
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Staff Recommendation:
Resolution of the City Council of the City of Modesto relating to Modesto Public Financing Authority Lease Revenue Refunding Bonds Series 2008; approving Amendment No. 1 to Reimbursement Agreement among BMO Harris Bank N.A., City of Modesto and Modesto Public Financing Authority; Amendment No. 1 to Fee Letter Agreement; and a supplement to Official Statement; and authorizing certain other related actions.
FINANCE DEPARTMENT; DeAnna Christensen, 209-577-5387,
[email protected]
33. Consider approving a three-year Standby Certificate Purchase Agreement (SCPA) with BMO Harris Bank N.A. (formerly Bank of the West) supporting the Water Refunding Revenue Certificates of Participation, Series 2008A (Water Bonds) authorizing certain other related actions to substitute the Agreement for the existing Letter of Credit (LOC). (Funding Source: Water Fund)
Staff Recommendation:
Resolution of the City Council of the City of Modesto relating to Water Refunding Revenue Certificates of Participation, 2008 Series A; approving the forms of and authorizing the execution and delivery of a Standby Certificate Purchase Agreement and a Fee Letter with BMO Harris Bank N.A. (successor in interest to Bank of the West); approving the form of and authorizing the distribution of a remarketing memorandum in connection therewith; and authorizing certain other related actions.
FINANCE DEPARTMENT; DeAnna Christensen, 209-577-5387,
[email protected]
34. 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)
Staff Recommendation:
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.
FINANCE; Dianne Love, 209-571-5164, [email protected]
35. 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)
Staff Recommendation:
There is no staff recommendation associated with this item.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] - 15 -
4/11/2023 5:30:00 PM
MATTERS TOO LATE FOR THE AGENDA
These may be presented by members of the City Council and staff upon determination by a majority vote that an emergency exists, as defined by State law, or by a 2/3 vote that (1) there is a need to take immediate action, and (2) that the need for action came to the City’s attention after the agenda was posted.
ADJOURNMENT
CLOSED SESSION
Please take notice that a special Closed Session meeting of the Council of the City of Modesto has been called pursuant to Section 2-1.02 of the Modesto Municipal Code to be convened on
TUESDAY, 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
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
at by
date time signature