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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, May 02, 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: Bill Kenoyer, Redeemer
City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Proclamation declaring May 2023 as National Asian American and Pacific Islander Heritage Month. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]
2. Proclamation declaring May 2023 as National Mental Health Awareness Month. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]
3. Proclamation declaring May 2023 as National Older Americans Month. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
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MISCELLANEOUS
Legislation, Appointments, Other
4. Consider accepting the resignation of Gabriella Fierro from the City of Modesto’s Equity Commission (Funding Source: Not Applicable)
Staff Recommendation:
Resolution accepting the resignation of Gabriella Fierro from the City of Modesto’s Equity Commission
HUMAN RESOURCES; Christina Alger, 209-571-5126, [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.
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 - 5 -
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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
5. Consider approving the minutes from the April 11, 2023 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving the minutes from the April 11, 2023 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
6. Consider approving the recommended Budget adjustments to Fiscal Year 2022-23 Annual Operating and Capital Improvement Program Budgets. (Funding Source:
Various Funds)
Staff Recommendation:
Resolution amending Fiscal Year 2022-23 Annual Operating and Capital Improvement Project Fund Budgets and authorizing the City Manager, to take the necessary steps to implement the provisions of this Resolution.
BUDGET; Steve Christensen, 209-577-5390, [email protected] Consent
7. Consider approving a Design Services Agreement with AECOM of Sacramento, CA for the Briggsmore Avenue at State Route 99 Interchange Improvement Project in the amount of $6,380,010, plus $638,001 for additional services, if needed, for a total amount not to exceed $7,018,011. (Funding Source: Streets Capital Facility Fee and Regional Measure L Funds)
Staff Recommendation:
Resolution approving a Design Services Agreement with AECOM of Sacramento, CA for the Briggsmore Avenue at State Route 99 Interchange Improvement Project in the amount of $6,380,010, plus $638,001 for additional services, if needed, for a total amount not to exceed $7,018,011, and authorizing the City Manager, or his designee to execute the Agreement.
CED; Toby Wells, 209-571-5542, [email protected]
Consent
8. Consider approving a Will Serve Letter and Outside Service Agreement for Water Service for the property located at 1224 Kiernan Avenue (APN: 046-001-001). (Funding Source: Water Fund, General Fund)
Staff Recommendation:
Resolution approving a Will Serve Letter and Outside Service Agreement - 6 -
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between the City of Modesto and LPC Kiernan, LLC, a California Limited Liability company, to connect to the City of Modesto's existing water system for the property located at 1224 Kiernan Avenue in Modesto (APN: 046-001- 001), and authorizing the City Manager, or his designee, to sign the Will Serve Letter and execute the Outside Service Agreement.
CED; Toby Wells, 209-571-5542, [email protected]
Consent
9. Consider accepting an Informational Report for the March 2023 Accounts Payable Payment Register and Void Report. (Funding Source: Not Applicable) Staff Recommendation:
Motion accepting an Informational Report for the March 2023 Accounts Payable Payment Register and Void Report.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
Consent
10. Consider accepting the Monthly Investment Report for February 2023. (Funding Source: Various Funds)
Staff Recommendation:
Motion accepting the Monthly Investment Report for February 2023.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
Consent
11. Consider approving the purchase of a Type II Dozer with Holt of California, CA for a total amount not to exceed $307,189. (Funding Source: General fund) Staff Recommendation:
Resolution approving Competitive Bidding Process from Sourcewell with Caterpiller Inc., under the authorized dealer Holt of California, CA for a Type II Dozer for a total amount not to exceed $307,189; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.
FIRE DEPARTMENT; Alan Ernst, 209-572-9590, [email protected] Consent
12. Consider approving the submission of an application for the Fiscal Year 2023-2024 Cal Fire Volunteer Fire Capacity (VFC) Program Grant, in a total amount not to exceed $40,000, which includes a 50% local match, for the Procurement of Wildland Firefighting Equipment. (Funding Source: General Fund)
Staff Recommendation:
Resolution approving the submission of an application for the Fiscal Year 2023-2024 Cal Fire Volunteer Fire Capacity (VFC) Program Grant, in a total amount not to exceed $40,000, which includes a 50% local match, for the Procurement of Wildland Firefighting Equipment.
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Consent
13. Consider approving an Agreement with Callander Associates Landscape Architecture Inc. to prepare construction documentation for the Dr. Martin Luther King Jr. Park Renovation Project for a total amount not to exceed $753,419. (Funding Source:
Proposition 68 – California Statewide Park Program)
Staff Recommendation:
Resolution approving an Agreement with Callander Associates Landscape Architecture Inc. to prepare construction documentation for the Dr. Martin Luther King Jr. Park Renovation Project for a total amount of $684,927, plus $68,492 for additional services, if needed, for an Agreement total amount not to exceed $753,419, and authorizing the City Manager, or his designee, to execute the Agreement.
PRN; Nathan Houx, 209-571-5526, [email protected]
Consent
14. Consider approving the Plans and Specifications for the Carpenter Road Area Soccer Complex, Phase 2 Project, accepting the Bid and approving a Construction Contract with Machado & Sons Construction, Inc. of Turlock, CA. for a total amount not to exceed $1,453,772. (Funding Source: Youth Soccer and Recreation Development Grant, Parks Fund, Parks and Air Quality CFF Fund and TRRP CIP Fund) Staff Recommendation:
Resolution approving the Plans and Specifications for the Carpenter Road Area Soccer Complex, Phase 2 Project, accepting the Bid and approving a Construction Contract with Machado & Sons Construction, Inc. of Turlock, CA in the amount of $1,321,611, plus $132,161 in contingency (if needed), for a total amount not to exceed $1,453,772 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 Carpenter Road Area Soccer Complex, Phase 2 project from 8% ($105,729) to 10% ($132,161) of the Construction Contract amount of $1,321,611 with Machado & Sons Construction, Inc. of Turlock, CA. Resolution amending the Fiscal Year 2022-2023 Capital Improvement Program Budget to fund Project #101061 (Carpenter Road Area Soccer) in an amount not to exceed $640,000 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
15. Consider approving the sale of 3.948 Acres of real property at 1500 Robertson Road jointly owned by the City of Modesto, the City of Ceres and the County of Stanislaus as part of the Tuolumne River Regional Park for $470,000 to the Stanislaus Regional Housing Authority to be used for construction of Parque Rio, a 92-unit multi-family affordable housing development. (Funding Source: TRRP Operating Fund) Staff Recommendation:
Resolution approving the sale of 3.948 Acres of real property at 1500 - 8 -
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Robertson Road jointly owned by the City of Modesto, the City of Ceres and the County of Stanislaus as part of the Tuolumne River Regional Park for $470,000, to the Stanislaus Regional Housing Authority to be used for construction of Parque Rio, a 92-unit multi-family affordable housing development and authorizing the City Manager, or his designee, to execute the Purchase and Sale Agreement, and all related documents required to complete the transaction and close of escrow.
PRN; Nathan Houx, 209-571-5526, [email protected]
Consent
16. Consider accepting Grant Funds for a Safe Streets and Roads for All Grant to create an Action Plan to analyze roadway accidents. (Funding Source: Measure L and SS4A funds)
Staff Recommendation:
Resolution accepting the SS4A Grant Funds of $1,000,000 and using Measure L funds as the City’s 20%, $200,000 match portion of the grant funds received for a project total of $1,200,000, and authorizing the City Manager, or his designee, to execute all related grant documents.
PUBLIC WORKS; Mark Murphy, 209-577-5431, [email protected] Consent
17. Consider accepting the Install Traffic Signal Video Detection Cameras Project as complete. (Funding Source: Congestion Mitigation and Air Quality) Staff Recommendation:
Resolution accepting the Install Traffic Signal Video Detection Cameras Project as complete.
PUBLIC WORKS; Mark Murphy, 209-577-5431, [email protected] Consent
18. Consider approving the First Amendment to the Agreement with Pacific Gas and Electric for SmartMeter installation. (Funding Source: Surface Transportation Fund) Staff Recommendation:
Resolution approving the First Amendment to the Agreement with Pacific Gas and Electric for SmartMeter installation by requiring a metered service for any future installations on unmetered street light standards, and authorizing the City Manager, or his designee, to execute the Amendment.
PUBLIC WORKS; Mark Murphy, 209-577-5431, [email protected] Consent
19. Consider approving an Agreement for Analytical Laboratory Testing Services to Alpha Analytical Laboratories, Livermore, CA, for a total amount not to exceed $1,837,587 over five years. (Funding Source: Water Fund)
Staff Recommendation:
Resolution approving the Award of Bid and Agreement for Analytical Laboratory Testing Services to Alpha Analytical Laboratories, Livermore, CA for a two year Agreement with three one-year extension options, for an - 9 -
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estimated annual amount of $322,625 with an estimated 6% CPI increase applied for years three through five; and for the Fifth Unregulated Contaminant Monitoring Rule (UCMR5) one-time project# 101481 amount of $103,600, for a total amount not to exceed $1,837,587 over five years, and authorizing the City Manager, or his designee to execute the Agreement.
UTILITIES; Jeff Daniels, 209-342-4585, [email protected] Consent
20. Consider approving an Agreement with Labworks, LLC, Lehi, Utah, for the Annual Maintenance and Support of Labworks LIMS Software, for a total amount not to exceed $96,864 over five years. (Funding Source: Sewer Operation Fund) Staff Recommendation:
Resolution approving the Sole Source Agreement with Labworks LLC, Lehi, Utah for the Annual Maintenance and Support of Labworks LIMS Software, for a five year Agreement, for an estimated annual amount of $18,048, to include an annual increase of 4%, and a total amount not to exceed $96,864 over five years; and authorizing the City Manager, or his designee to execute the Agreement.
UTILITIES; Jason Farnsworth, 209-577-6255, [email protected] Consent
21. Consider approving an Agreement for Analytical Laboratory Testing Services to Alpha Analytical Laboratories, Livermore, CA, for a total amount not to exceed $1,677,304 over five years. (Funding Source: Sewer Operation Fund and Storm Drain Fund) Staff Recommendation:
Resolution approving the Award of Bid and Agreement for Analytical Laboratory Testing Services to Alpha Analytical Laboratories, Livermore, CA, for a two year Agreement with three one-year extension options, for an annual estimated amount of $310,950, with a 6.3% CPI increase included in years three through five, and a total amount not to exceed $1,677,304 over five years; and authorizing the City Manager, or his designee, to execute the Agreement.
UTILITIES; Jason Farnsworth, 209-577-6255, [email protected]
COUNCIL COMMENTS & REPORTS
CITY MANAGER COMMENTS & REPORTS
NEW BUSINESS
22. Consider approving the City of Modesto’s Homekey 3 Project Application for the project located at 710 N. 9th Street; negotiate and execute any related program agreements or documents required for the implementation and acceptance of Homekey 3 Program Grant, approving a letter of commitment to loan to RH Community Builders in the amount of $2,274,923 and $200,000 for staff activity delivery costs from Community Development Block Grant Funds. (Funding Source: Homekey 3 Funds and HUD Funds)
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Staff Recommendation:
Resolution approving the City of Modesto’s Homekey 3 Project Application for the project located at 710 N. 9th Street, authorizing the City Manager, or his designee, to submit the application, applicable documentation, with alterations as required by the California Department of Housing and Community Development (HCD) and negotiate and execute any related program agreements or documents required for the implementation and acceptance of Homekey 3 Program Grant.
Resolution of the governing body of the City of Modesto authorizing joint application to and participation in the Homekey program. Resolution approving a letter of commitment to loan to RH Community Builders in an amount up to $2,274,923 in Community Development Block Grant Funds to assist with the acquisition and rehabilitation of 710 N. 9th Street, and $200,000 for staff activity delivery costs, and authorizing the City Manager or his designee to execute the agreements.
Resolution amending the Fiscal Year 2022-2023 Multi-Year Fund Budget in the amount of $19,474,923 to establish a project for the Homekey 3 Program to be funded with Homekey 3 and Community Development Block Grant (CDBG) Grants 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]
23. Consider accepting the Modesto Police Department’s annual Military Equipment Report, approving an Ordinance re-authorizing the department’s Military Equipment Use Policy (Policy 710), and authorizing the purchase of additional equipment that qualifies as “military equipment” in Fiscal Year 2023-2024. (Funding Source: General Fund, Supplemental Law Enforcement Services Fund, Asset Forfeiture Funds, and/or Police Grant Funds)
Staff Recommendation:
Motion introducing and waiving the first reading of an Ordinance approving the Modesto Police Department’s Military Equipment Use Policy (Policy 710) in accordance with AB 481, approving the purchase of additional equipment that qualifies as “military equipment” in Fiscal Year 2023-2024 and rescinding Ordinance No. 3745-C.S.
Motion accepting the Modesto Police Department’s annual Military Equipment Report.
POLICE; Joseph Bottoms, 209-572-9500, [email protected]
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
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CLOSED SESSION
Please take notice that a special Closed Session meeting of the Council of the City of Modesto has been called pursuant to Section 2-1.02 of the Modesto Municipal Code to be convened on
TUESDAY, MAY 02, 2023 AT 4:00 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 – EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: Jesse Montelongo, et al., v. City of Modesto, et al.
United States District Court, Eastern District of California Case No.: 1:15-CV-01605—BAM
CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCEA Negotiator: Christina Alger
Employee Organization: Modesto City Employees Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCMA Negotiator: Christina Alger
Employee Organization: Modesto Confidential & Management Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MPOA Negotiator: Christina Alger
Employee Organization: Modesto Police Officers’ Association - 12 -
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CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MPNSA Negotiator: Christina Alger
Employee Organization: Modesto Police Non-Sworn Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) –MPMA Negotiator: Christina Alger
Employee Organization: Modesto Police Management Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCFFA Negotiator: Christina Alger
Employee Organization: Modesto City Firefighters Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – Unrepresented Negotiator: Christina Alger
Employee Organization: Unrepresented Management and Confidential Employees Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
at by
date time signature