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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, April 11, 2023 at 5:30 PM
Roll Call – Present: Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
Pledge of Allegiance to the Flag
Invocation: Edward Eissabake, St. John's Assyrian Evangelical Presbyterian Church City Clerk’s Announcements: None
Declaration of Conflicts of Interest: None
Reports from Closed Session: City Attorney Sanchez reported that the City Council met in closed session on one item related to litigation, related to the national prescription, opioid litigation. (6/1 vote with Vice Mayor, Ricci voting No). City Council directed the City Manager and the City Attorney to take the necessary actions to participate in this round of settlements that will allow additional funds to be delivered to the City to be used for combating the negative impacts of opioids.
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Proclamation declaring April 22, 2023 as Earth Day. (Funding Source: Not Applicable) CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
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[email protected]
ACTION: Mayor Zwahlen presented a Proclamation declaring April 22, 2023 as Earth Day.
2. Proclamation declaring April as Genocide Awareness Month (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]
ACTION: Mayor Zwahlen presented a Proclamation declaring April as Genocide Awareness Month
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]
ACTION: Mayor Zwahlen presented a Proclamation declaring the week of April 10 - 15 as Community Development Week.
MISCELLANEOUS
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]
ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2023-156 accepting the resignation of Hank Pollard from the City of Modesto Planning Commission.
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]
ACTION: (Williams/Ricci; 7/0) Resolution 2023-157 accepting the resignation of Tim Fisher from the Modesto Convention and Visitors Bureau Board of Directors,
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)
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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]
ACTION: (Escutia-Braaton/Alvarez; 7/0) Resolution 2023-158 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.
ACTION: (Escutia-Braaton/Alvarez; 7/0) Resolution 2023-159 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.
PUBLIC COMMENT PERIOD
Susan Mendieta-Beasley, executive Director of the Parent Resource Center invited the Council and public to attend the 30th Anniversary of the Parent Resource Center on April 27, 2023. On April 28th they will recognize Child Remembrance Day, and Child Abuse Prevention month. They will be observing Child Remembrance Day at 10 a.m. with a moment of silence to remember those children that have experienced child abuse. Ramon Rodriguez spoke about exit 26 B on HWY 132 and issues with that exit. He also commented that the traffic lights were not aligned well with the exit. He also commented on genocide awareness and asked the Council to take a stand against hate. Tina Perez Tateo asked the Council to place an item on the agenda to discuss lifting the ban on cruising. She also spoke about the City of Nation lifting the ban on cruising and how the Modesto Cruisers volunteered by having a few classic cars at the Awesome Spot. Adrian Harrell, New Bridge Management presented the Modesto City Cities International Report. She also invited the Council to attend a reception for the Ukrainian Mayors that will be visiting within the next couple of weeks.
Bethany Hunt stated she is speaking on behalf of part time employees and spoke about hazard pay. She spoke in support of Covid-19 hazard pay for retirees. Patricia spoke about her employment at Stanislaus County, Child Welfare, and issues with the County.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
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ACTION CONSENT ITEMS 7-15; 17-30: (Bavaro/Wright; 7/0)
CONSENT
Consent
7. Consider approving the minutes from the April 4, 2023 Council Meeting. (Funding Source: Not Applicable)
Motion approving the minutes from the April 4, 2023 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Bavaro/Wright; 7/0) Motion approving the minutes from the April 4, 2023 Council Meeting.
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) 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 1505 and 1513 Scenic Drive (City of Modesto).
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Bavaro/Wright; 7/0) 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 1505 and 1513 Scenic Drive (City of Modesto).
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)
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] - 5 -
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ACTION: (Bavaro/Wright; 7/0) 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.
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)
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] ACTION: (Bavaro/Wright; 7/0) Resolution 2023-160 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.
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)
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 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] ACTION: (Bavaro/Wright; 7/0) Resolution 2023-161 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 - 6 -
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Consider the Fiscal Year 2023-24 Levy and Collection of Assessments Within Landscape Maintenance Assessment District No. 1.
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) 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] ACTION: (Bavaro/Wright; 7/0) Resolution 2023-162 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.
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)
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 - 7 -
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2023-24 Levy and Collection of Assessments Within the Shackelford Landscape and Lighting District.
CED; Peter Ibrahim, 209-577-5211, [email protected] ACTION: (Bavaro/Wright; 7/0) Resolution 2023-163 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.
Consent
14. Consider 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. (Funding Source: American Rescue Plan Act)
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] ACTION: (Bavaro/Wright; 7/0) Resolution 2023-164 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
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)
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] ACTION: (Bavaro/Wright; 7/0) Resolution 2023-165 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 - 8 -
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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.
ACTION: (Bavaro/Wright; 7/0) Resolution 2023-166 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.
(Removed from Consent)
Consent
16. Consider approving the Encampment Resolution Funding Program Application. (Funding Source: Encampment Resolution Funding)
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] ACTION: (Wright/Ricci; 7/0) Resolution 2023-167 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.
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)
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]
ACTION: (Bavaro/Wright; 7/0) Resolution 2023-168 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 - 9 -
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the new 7th Street Bridge over the Tuolumne River.
Consent
18. Consider adopting the Bylaws for the Measure L Citizens’ Transportation Sales Tax Commission. (Funding Source: Not Applicable)
Resolution adopting the Bylaws for the Measure L Citizens’ Transportation Sales Tax Commission.
CED; Toby Wells, 209-571-5542, [email protected]
ACTION: (Bavaro/Wright; 7/0) Resolution 2023-169 adopting the Bylaws for the Measure L Citizens’ Transportation Sales Tax Commission.
Consent
19. Consider accepting the Monthly Investment Report for January 2023. (Funding Source:
Various Funds)
Motion accepting the Monthly Investment Report for January 2023.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
ACTION: (Bavaro/Wright; 7/0) Motion accepting the Monthly Investment Report for January 2023.
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) 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] ACTION: (Bavaro/Wright; 7/0) Resolution 2023-170 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.
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) - 10 -
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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 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] ACTION: (Bavaro/Wright; 7/0) Resolution 2023-171 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 amount not to exceed $2,640,392, over thirty-five months and authorizing the City Manager, or his designee, to execute the Agreement.
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)
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]
ACTION: (Bavaro/Wright; 7/0) Resolution 2023-172 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.
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)
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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]
ACTION: (Bavaro/Wright; 7/0) Resolution 2023-173 approving the submission of the City’s Local Transportation Funds Fiscal Year 2022-2023 Claim for NonMotorized 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.
ACTION: (Bavaro/Wright; 7/0) Resolution 2023-174 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.
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) 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] ACTION: (Bavaro/Wright; 7/0) Resolution 2023-175 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.
Consent
25. Consider authorizing the submittal of application(s) to CalRecycle for the Organics Grant Program. (Funding Source: Not Applicable)
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] - 12 -
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ACTION: (Bavaro/Wright; 7/0) Resolution 2023-176 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.
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)
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] ACTION: (Bavaro/Wright; 7/0) Resolution 2023-177 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.
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) 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] ACTION: (Bavaro/Wright; 7/0) Resolution 2023-178 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. - 13 -
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ACTION: (Bavaro/Wright; 7/0) Resolution 2023-179 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.
ACTION: (Bavaro/Wright; 7/0) Resolution 2023-180 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.
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) 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] ACTION: (Bavaro/Wright; 7/0) Resolution 2023-181 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.
ACTION: (Bavaro/Wright; 7/0) Resolution 2023-182 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.
Consent
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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)
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] ACTION: (Bavaro/Wright; 7/0) Resolution 2023-183 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.
ACTION: (Bavaro/Wright; 7/0) Resolution 2023-184 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.
ACTION: (Bavaro/Wright; 7/0) Resolution 2023-185 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.
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 - 15 -
4/11/2023 5:30:00 PM
Trunk Inspection and Assessment Project for a revised Agreement total not to exceed $510,300. (Funding Source: Wastewater Fund)
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] ACTION: (Bavaro/Wright; 7/0) Resolution 2023-186 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.
ACTION: (Bavaro/Wright; 7/0) Resolution 2023-187 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.
COUNCIL COMMENTS & REPORTS
Councilmember Escutia-Braaton reported that she along with many of her colleagues attended the celebration of life today for Fire Captain Doug McCullough. It was a lovely ceremony, Captain McCullough served 34 years in the fire service, which is a lifetime of honorable service.
He leaves behind hundreds of community members that were there to pay their respects and say goodbye to one of Modesto’s finest. She also reported on the recent meetings held by the Appointments Committee. She reported that she along with Councilmembers Ricci and Williams conducted the first round of interviews for the Community Police Review Board applicants. She explained the process and the next steps. Lastly, she reported she will be absent from the first two Council meetings in May. Every year, she and her husband participate in an out of the country medical mission.
Councilmember Bavaro reported that last week, he had the opportunity to meet with some of the leaders of the cruising culture for coffee and a discussion about cruising. The ordinance was approved 30 years ago by the Council outlawing cruising within the city limits due to traffic problems and crime related cruising events. Today's cruising culture is neighbors and colleagues at work. They are friends, people you would go to church with and taxpayers. He knows they are working with the Police Chief and hopefully will be able to remove the ban on cruising. It's his understanding that safety and strategic planning issues are being worked out. It has nothing to do with the character and the integrity of the cruisers themselves. He is in support of lifting the ban.
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Councilmember Alvarez reported on a few upcoming community meetings related to housing and urban development. The Stanislaus Homeless Alliance will meet on April 12th at 5:30 pm in the Council Chambers. Modesto Neighborhood, Incorporated will meet on April 18th at 12:00 pm, Crosspoint Park Place Building. The Citizen Housing and Community Development Committee will meet on April 20th at City Hall. Stanislaus Community Systems of Care will meet on April 30th at 3800 Cornucopia Way, and on May 1st Airport Neighborhood collaborative will be meeting. You can find more information on those meetings and dates and times on the City’s website. He also reported on housing and roads.
Vice Mayor Ricci commented that he concurs with his fellow councilmembers that it was an incredible service today for Captain Doug McCullough. Captain McCullough served the community for 34 years. He also commented that he is hopeful that they can come to a conclusion on the cruising ban. So many good people come and speak to them every week. That is what government is all about, discussing issues and trying to come to joint solutions. He also reported that in two weeks the City is going to have a visit from the Mayors of the City’s sister city Ukraine. He knows many are aware of the conflict in Ukraine and how heartbreaking it is.
It's hard to imagine that Modesto has a sister city that has to deal with raids, sirens every day and missile attacks nearly every week. It will be a real honor to host them and looks forward to hearing their stories. He also reported on the Graceda Park restrooms and is encouraged that the Parks and Recreation Department is developing solutions for maintaining the restrooms. He also wanted to thank the applicants that applied to serve on the Civilian Police Review Board.
Councilmember Williams stated that most of the comments have already been said. He reported on the Appointments Committee meeting held this morning regarding the Police Oversight Board. He further reported on the number of applicants that applied and the process of the interviews. He also reported that there are many other committees and commissions, not only with the City of Modesto, but with the County as well where citizens can volunteer. Lastly, he wanted to let everyone know that they are starting the appointment process for the Measure H Oversight Committee. There are many good things happening in Modesto and asked that the public please feel as though they can be a part of it.
Mayor Zwahlen reported that she also attended the services of Fire Captain Doug McCullough.
She commented on the service and the incredible speech his 14-year-old daughter gave. It was the most incredible speech in honor of her father.
CITY MANAGER COMMENTS & REPORTS
None.
Recessed: 6:51 pm
Reconvened: 6:57 pm
NEW BUSINESS
31. Consider approving the Purchase and Agreements for the Cybersecurity Attack - 17 -
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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)
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]
ACTION: (Williams/Wright; 7/0) Resolution 2023-188 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.
ACTION: (Williams/Wright; 7/0) Resolution 2023-189 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.
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)
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]
ACTION: (Bavaro/Alvarez; 7/0) Resolution 2023-190 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. - 18 -
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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)
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]
ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2023-191 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.
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)
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 DEPARTMENT; Dianne Love, 209-571-5164, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2023-192 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.
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)
There is no staff recommendation associated with this item.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] - 19 -
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ACTION: (Bavaro/Ricci; 6/1; Williams No) Motion to not amended the negotiated agreements with City of Modesto and the five unions for hazard pay to retirees that was approved on March 7, 2023.
MATTERS TOO LATE FOR THE AGENDA
None.
ADJOURNMENT
This meeting adjourned at 8:14 pm
All Closed Session Matters heard prior to meeting.
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
Attest:____________________________
Diane Nayares-Perez, City Clerk