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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, July 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: Stuart Welch, Life Connection Church
City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Presentation of Proclamation proclaiming August 1, 2023, as National Night Out. (Funding Source: Not Applicable)
POLICE DEPARTMENT; Brandon Gillespie, 209-572-9533,
[email protected]
MISCELLANEOUS
Legislation, Appointments, and Other
2. Consider approving the appointments of Yelitza Pena to the role of Event Planning and Marketing Specialist and Michelle Buer to the role of Alternate Non-Permit Holder to the Entertainment Commission for a four-year term with term expiration of June 30, 2027. (Funding Source: Not Applicable)
Staff Recommendation:
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Resolution approving the appointments of Yelitza Pena to the role of Event Planning and Marketing Specialist and Michelle Buer to the role of Alternate Non-Permit Holder to the Entertainment Commission for a four-year term with term expiration of June 30, 2027.
CED; Jessica Hill, 209-577-5321, [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 at the Modesto-Stanislaus Library Reference Room, 1500 I Street, Modesto, in the City Clerk’s Office, Sixth Floor, 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.
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CONSENT
An item may be removed from consent and discussed at the request of an audience member or Councilmember.
Consent
3. Consider approving the minutes from the June 27, 2023 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving the minutes from the June 27, 2023 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
4. Consider approving Final Adoption of Ordinance 3765-C.S. amending Section 2-1.18 and adding Section 2-1.28 to Chapter 1 of Title 2 of the Modesto Municipal Code regarding the Audit Committee. (Funding Source: Not Applicable) Staff Recommendation:
Motion approving Final Adoption of Ordinance 3765-C.S. amending Section 2-
1.18 and adding Section 2-1.28 to Chapter 1 of Title 2 of the Modesto Municipal Code regarding the Audit Committee.
CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected] Consent
5. Consider appointing a voting delegate to the 2023 League of California Cities Annual Conference to be held in Sacramento, CA on September 20-22, 2023; and approving the Second Amendment to the Mayor’s Appointments to the City of Modesto’s City Council Liaison Committees list for the 2023 calendar year. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving Councilmember Alvarez as a voting delegate and Vice Mayor Ricci and City Manager Lopez as the alternates for the 2023 League of California Cities Annual Conference to be held in Sacramento, CA on September 20-22, 2023.
Motion approving the Second Amendment to the Mayor’s Appointments to the City of Modesto’s City Council Liaison Committees list for the 2023 calendar year.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
6. Consider approving a Legal Services Agreement with Norton Rose Fulbright US LLP, for continued representation in relation to financing matters, for an Agreement total not to exceed $450,000 and a Fifth Amendment to the Legal Services Agreement with Bartkiewicz, Kronick & Shanahan P.C. for a revised Agreement total not to exceed $292,300 for continued representation in water related matters. (Funding Source:
Redevelopment Successor Agency, General Fund, Employee Benefits Fund, Wastewater, Water, and Golf Fund))
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Staff Recommendation:
Resolution approving a Legal Services Agreement with Norton Rose Fulbright US LLP, for continued representation in relation to financing matters, for an Agreement total not to exceed $450,000 and authorizing the City Manager or his designee, to execute the Agreement.
Resolution approving a Fifth Amendment to the Legal Services Agreement with Bartkiewicz, Kronick & Shanahan P.C. in the amount of $75,000, for a revised Agreement total not to exceed $292,300 for continued representation in water related matters and authorizing the City Manager or his designee, to execute the Agreement.
CITY ATTORNEY; Jose M. Sanchez, 209-577-5284, [email protected] Consent
7. 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 make the necessary steps to implement the provisions of this Resolution.
BUDGET; Steve Christensen, 209-577-5390, [email protected] Consent
8. Consider approving a ten-year lease Agreement with Stanislaus County Affordable Housing Corporation (STANCO) in the amount of $1 per year, for the property located at 308 Locust Street, for the operation of affordable housing. (Funding Source:
Community Development Block Grant Funds)
Staff Recommendation:
Resolution approving a ten-year Lease Agreement with Stanislaus County Affordable Housing Corporation (STANCO) in the amount of $1 per year, for the property located at 308 Locust Street, for the operation of affordable housing and authorizing the City Manager or his designee to execute the Agreement.
CED; Edgar Garcia, 209-577-5211, [email protected] Consent
9. Consider approving an Agreement with the Stanislaus Community Foundation for the implementation of the Stanislaus 2030 Investment Blueprint for a total amount not to exceed $225,000 over three years and approving an Agreement with Digital Nest to provide technical and professional skills to underserved youth for a total amount not to exceed $150,000 over three years. (Funding Source: American Rescue Plan Act Funds) Staff Recommendation:
Resolution approving an Agreement with The Stanislaus Community Foundation for the implementation of the Stanislaus 2030 Investment Blueprint for a total amount not to exceed $225,000 over three years and approving an Agreement with Digital Nest to provide Technical and Professional Skills to - 7 -
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underserved youth for a total amount not to exceed $150,000 over three years and authorizing the City Manager or his designee to execute the Agreements.
CED; Edgar Garcia, 209-577-5211, [email protected] Consent
10. Consider approving a funding commitment for the development of 45 units at Morris Village (APN: 111005073) by Self-Help Enterprises for an amount not to exceed $3,500,000 in loans, $100,000 in activity delivery costs, for a grand total of $3,600,000 to apply for the State of California Multifamily Housing Program. (Funding Source:
Permanent Local Housing Allocation and American Rescue Plan HOME Investment Partnership)
Staff Recommendation:
Resolution approving a funding commitment for the development of 45 units at Morris Village (APN: 111005073) by Self-Help Enterprises for an amount not to exceed $3,500,000 in loans, $100,000 in activity delivery costs for a grand total of $3,600,000 to apply for the State of California Multifamily Housing Program and authorizing the City Manager or his designee to execute any documentation to support the City’s commitment.
CED; Edgar Garcia, 209-577-5211, [email protected] Consent
11. Consider approving the Consultant Services Agreement with De Novo Planning Group for Environmental Planning Services, for a total amount not to exceed $900,000 over five years. (Funding Source: Developer Fees)
Staff Recommendation:
Resolution approving the Consultant Services Agreement with De Novo Planning Group for Environmental Planning Services, for a two (2) year Agreement with three (3) one-year extension options, for a total amount not to exceed $900,000 over five years and authorizing the City Manager or his designee to execute the Consultant Services Agreement.
CED; Peter Ibrahim, 209-577-5211, [email protected] Consent
12. Consider approving the First Amendment to the Professional Services Agreement with Kosmont Companies, for an Enhanced Infrastructure Financing District (EIFD) Feasibility Study, increasing the not to exceed amount of the Agreement by $150,266 from $49,734 for a new total amount of $200,000. (Funding Source: American Rescue Plan Act (ARPA) Funds)
Staff Recommendation:
Resolution approving the First Amendment to the Professional Services Agreement with Kosmont Companies, for an Enhanced Infrastructure Financing District (EIFD) Feasibility Study, increasing the not to exceed amount of the Agreement by $150,266 from $49,734 for a new total amount of $200,000; and authorizing the City Manager, or his designee to execute the amendment.
CED; Robert Kimball, 209-571-5540, [email protected] - 8 -
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Consent
13. Consider accepting the Public Improvements of Villa D'Este Subdivision located in Village One, east of Roselle Avenue and north of Kodiak Drive and releasing securities upon expiration of statutory periods. (Funding Source: Not Applicable) Staff Recommendation:
Resolution accepting the public improvements for Villa D'Este Subdivision, located east of Roselle Avenue and north of Kodiak Drive, authorizing the City Clerk to file a Notice of Completion with the Stanislaus County Recorder’s Office, and to release securities upon expiration of statuary periods.
ENGINEERING SERVICES; Toby Wells, 209-571-5542, [email protected] Consent
14. Consider accepting the Public Improvements of Woodglen Subdivision Village One and Woodglen Subdivision Village Three located at an area bounded by Pelandale Avenue, Carver Road, Bangs Avenue, and Tully Road and releasing securities upon expiration of statutory periods. (Funding Source: Not Applicable) Staff Recommendation:
Resolution accepting the public improvements for Woodglen Subdivision Village One Subdivision, located an area bounded by Pelandale Avenue, Carver Road, Bangs Avenue, and Tully Road, authorizing the City Clerk to file a Notice of Completion with the Stanislaus County Recorder’s Office, and to release securities upon expiration of statuary periods. Resolution accepting the public improvements for Woodglen Subdivision Village Three Subdivision, located an area bounded by Pelandale Avenue, Carver Road, Bangs Avenue, and Tully Road, authorizing the City Clerk to file a Notice of Completion with the Stanislaus County Recorder’s Office, and to release securities upon expiration of statuary periods.
ENGINEERING SERVICES; Toby Wells, 209-571.5542, [email protected] Consent
15. Consider approving the Amended and Restated Measure L Regional Control Project Cooperative Agreement with Stanislaus Council of Governments (StanCOG) for the Project Initiation Document (PID) and Project Approval and Environmental Document (PAED) Phases of the Standiford Avenue at State Route 99 Interchange Improvement Project. (Funding Source: Capital Facilities Fees (CFF) and Regional Measure L funds) Staff Recommendation:
Resolution approving the Amended and Restated Measure L Regional Control Project Cooperative Agreement with Stanislaus Council of Governments (StanCOG) for the Project Initiation Document (PID) and Project Approval and Environmental Document (PAED) Phases of the Standiford Avenue at State Route 99 Interchange Improvement Project and authorizing the City Manager, or his designee, to execute the Agreement.
ENGINEERING SERVICES; Toby Wells, 209-571-5542, [email protected] - 9 -
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Consent
16. Consider approving the Amended and Restated Measure L Regional Control Project Cooperative Agreement with Stanislaus Council of Governments (StanCOG) for the Project Initiation Document (PID) and Project Approval and Environmental Document (PAED) Phases of the Briggsmore Avenue at State Route 99 Interchange Reconstruction Project including additional $2,000,000 in Regional Measure L funding and authorizing all task items of work for the AECOM Design Services Agreement. (Funding Source: Regional Surface Transportation Funds (RSTP) and Regional Measure L funds)
Staff Recommendation:
Resolution approving the Amended and Restated Measure L Regional Control Project Cooperative Agreement with Stanislaus Council of Governments (StanCOG) for the Project Initiation Document (PID) and Project Approval and Environmental Document (PAED) Phases of the Briggsmore Avenue at State Route 99 Interchange Reconstruction Project, including additional $2,000,000 in Regional Measure L funding, and authorizing the City Manager, or his designee, to execute the Agreement, and authorizing all task items of work for the AECOM Design Services Agreement
ENGINEERING SERVICES; Toby Wells, 209-571-5542, [email protected] Consent
17. Consider approving three Agreements for On-Call Land Surveying Services with Siegfried Engineering, Inc., of Modesto, CA., NorthStar Engineering, Inc., of Modesto, CA., and O’Dell Engineering of Modesto, CA., for a one-year Agreement with two (2) one-year extension options, for an annual estimated amount of $75,000 per consultant, and a total amount not to exceed $225,000 per consultant over three years. (Funding Source: Various Capital Improvement Program Projects)
Staff Recommendation:
Resolution approving an Agreement with Siegfried Engineering, Inc., Modesto, CA., for On-Call Land Surveying Services for a one-year Agreement with two one-year extension options, for an annual estimated amount of $75,000, and a total amount not to exceed $225,000 per consultant over three years, and authorizing the City Manager, or his designee, to execute the Agreement. Resolution approving an Agreement with NorthStar Engineering, Inc., Modesto, CA., for On-Call Land Surveying Services for a one-year Agreement with two one-year extension options, for an annual estimated amount of $75,000, and a total amount not to exceed $225,000 per consultant over three years, and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution approving an Agreement with O’Dell Engineering, Inc., Modesto, CA., for On-Call Land Surveying Services for a one-year Agreement with two one-year extension options, for an annual estimated amount of $75,000, and a total amount not to exceed $225,000 per consultant over three years, and authorizing the City Manager, or his designee, to execute the Agreement.
ENGINEERING SERVICES; Peter Kambel, 209-577-5444, [email protected] - 10 -
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Consent
18. Consider approving the purchase for various Fleet Replacements and Additions for Fleet Vehicles which includes three (3) One-Ton Trucks, two (2) Loaders with Claw Attachment, one (1) Grapple Loader Truck, and one (1) Stump Grinder in the amount not to exceed $1,011,344. (Funding Source: Fleet Replacement Fund, American Rescue Plan Act and Measure H)
Staff Recommendation:
Resolution approving the Award of Bid for the purchase of three (3) One-Ton Trucks to American Chevrolet, Modesto, CA for a total amount not to exceed $214,251, and authorizing the Purchasing Manager, or her designee, to execute the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any change orders not to exceed 15% of the total purchase price. Resolution approving the competitive bidding process from Sourcewell to Caterpillar Inc. under the authorized dealer Holt to California, Stockton, CA, for Two (2) Loaders with Claw Attachment for an amount not to exceed $291,388; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any change orders not to exceed 15% of the total purchase price. Resolution approving the competitive bidding process from Sourcewell with Municipal Maintenance Equipment, Sacramento, CA to purchase One (1) Grapple Loader Truck for an amount not to exceed $284,236; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any change orders not to exceed 15% of the total purchase price.
Resolution approving the competitive bidding process from Sourcewell with Manufacture Bandit Industries, Inc. under the authorized dealer Cal-Line Equipment Inc, Livermore, CA to purchase one (1) Stump Grinder for an amount not to exceed $89,554; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any change orders not to exceed 15% of the total purchase price.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] Consent
19. Consider accepting an informational report for the May 2023 Accounts Payable Payment Register and Void report. (Funding Source: Not Applicable) Staff Recommendation:
Motion accepting an informational report for the May 2023 Accounts Payable Payment Register and Void report.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
Consent
20. Consider accepting the Monthly Investment Report for April 2023. (Funding Source:
Various Funds)
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Staff Recommendation:
Motion accepting the Monthly Investment Report for April 2023.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
Consent
21. Consider an Ordinance amending sections of Title 8, Chapter 3 of the Modesto Municipal Code to increase the City Manager’s authority for all contracts and purchase orders from $50,000 to $100,000 for goods/services and $600,000 for emergency projects; increasing the formal bidding authority from $50,000 to $100,000; updating the list and increasing the City Manager’s authority for public works projects including the City Manager’s authority for emergency public works contracts to $600,000; expanding the definition of professional services; and adding language to allow for electronic bidding. (Funding Source: Not Applicable)
Staff Recommendation:
Motion introducing and waiving the first reading of an Ordinance amending sections of Title 8, Chapter 3 of the Modesto Municipal Code to increase the City Manager’s authority for all contracts and purchase orders from $50,000 to $100,000 for goods/services and $600,000 for emergency projects; increasing the formal bidding authority from $50,000 to $100,000; updating the list and increase the City Manager’s authority for public works projects including the City Manager’s authority for emergency public works contracts to $600,000; expanding the definition of professional services; and adding language to allow for electronic bidding.
FINANCE DEPARTMENT; DeAnna Christensen, 209-577-5387,
[email protected]
Consent
22. Consider approving the Award of Proposal and Agreement for the purchase of ONEVIEW Enterprise Citizen Request Management application, to Granicus, LLC, Saint Paul, MN for a two (2) year Agreement with three (3) subsequent one-year extension options for a total of five (5) years in an amount not to exceed $299,364. (Funding Source: Information Technology Fund)
Staff Recommendation:
Resolution approving the Award of Proposal and Agreement for the purchase of ONEVIEW Enterprise Citizen Request Management application to Granicus, LLC., Saint Paul, MN for a two (2) year Agreement with three (3) subsequent one-year extension options for a total of five (5) years for an annual estimated amount of $59,873 and a total amount not to exceed $299,364 over five years; and authorizing the City Manager or designee to execute the Agreement.
IT; James Dotson, 209-571-5508, [email protected] Consent
23. Consider approving the Plans and Specifications for the Tuolumne River Regional Park (TRRP) Non-Motorized Boat Launch Project located at Neece Drive, accepting the Bid and approving a Construction Contract with Harris Builders, Inc. of Hilmar, CA. for a - 12 -
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total amount not to exceed $1,791,671 and approving payment in an amount not to exceed $70,000 to the National Fish and Wildlife Foundation to mitigate for the loss of critical fish habitat. (Funding Source: TRRP CIP Fund, Parks CFF Fund, and NonMotorized Boating Facilities Grant Program Funds) Staff Recommendation:
Resolution approving the Plans and Specifications for the Tuolumne River Regional Park (TRRP) Non-Motorized Boat Launch Project located at Neece Drive, accepting the Bid and approving a Construction Contract with Harris Builders, Inc. of Hilmar, CA., in the amount of $1,658,955 plus $132,716 in contingency (if needed), for a total amount not to exceed $1,791,671 and authorizing the City Manager, or his designee, to execute the Contract. Resolution approving a payment not to exceed $70,000, to the National Fish and Wildlife Foundation to mitigate for the loss of critical fish habitat due to the construction of the TRRP Non-Motorized Boat Launch Project and authorizing for the City Manager, or his designee, to sign all necessary documentation to secure the permits for the construction of this project. Resolution amending the Fiscal Year 2023-2024 Capital Improvement Program Budget to fund Project #101071 (TRRP Neece Drive Boat Launch) in an amount not to exceed $1,440,000 in transfers, revenue, and to budget expenditures to fully 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 the Parks, Recreation and Neighborhoods Department revised spending plan for the use of Phase 1 American Rescue Plan Act (ARPA) funds in the amount of $750,000 for Park Improvements in Tuolumne River Regional Park (TRRP). (Funding Source: American Rescue Plan Act Funding)
Staff Recommendation:
Resolution approving the Parks, Recreation and Neighborhoods revised spending plan for the use of American Rescue Plan Act (ARPA) funds in the amount of $750,000 for Park Improvements in Tuolumne River Regional Park (TRRP) and authorizing the City Manager, or his designee, to take the necessary steps to implement the provisions of this Resolution.
PRN; Nathan Houx, 209-571-5526, [email protected]
Consent
25. Consider approving the purchase of playground equipment for The Awesome Spot Playground from Landscape Structures, Inc., of Delano, MN, for a total amount not to exceed $226,786. (Funding Source: American Rescue Plan Act Funding) Staff Recommendation:
Resolution approving the Competitive Bidding Process from Sourcewell (formerly National Joint Powers Alliance) who completed the bid and the State of California Multiple Award Schedule (CMAS) with Landscape Structures, Inc. for the Purchase and Delivery of playground equipment for The Awesome Spot Playground at Beyer Community Park, for a total amount not to exceed - 13 -
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$226,786, and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.
PRN; Nathan Houx, 209-571-5526, [email protected]
Consent
26. Consider approving a Second 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 and Public Works Department for a one-time increase of $600,000 to year two of the Agreement for a year two total of $1,200,000, and for a total revised amount not to exceed $2,200,000 over the term of the Agreement. (Funding Source: Measure H) Staff Recommendation:
Resolution approving a Second 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 and Public Works Department for a one-time increase of $600,000 to year two of the Agreement for a year two total of $1,200,000, and for a total revised amount not to exceed $2,200,000 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
27. Consider approving the First Amendment to the Memorandum of Understanding with the King-Kennedy Memorial Center Board of Directors to increase the total financial support by $6,000, from $22,000 to $28,000 by the City. (Funding Source: General Fund)
Staff Recommendation:
Resolution approving the First Amendment to the Memorandum of Understanding with the King-Kennedy Memorial Center Board of Directors to increase the total financial support by $6,000, from $22,000 to $28,000 by the City, and authorizing the City Manager or his designee to execute the First Amendment.
PRN; Ashley Weaver, 209-577-5428, [email protected] Consent
28. Consider approving the Second Amendment to the Agreement for the Operation of the King-Kennedy Memorial Center with the West Modesto Community Collaborative to extend the Agreement for one (1) year. (Funding Source: General Fund) Staff Recommendation:
Resolution approving the Second Amendment to the Agreement for the Operation of the King-Kennedy Memorial Center with the West Modesto Community Collaborative to extend the Agreement for one (1) year and authorizing the City Manager or his designee to execute this second amendment.
PRN; Ashley Weaver, 209-577-5428, [email protected] - 14 -
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Consent
29. Consider ratifying approval of the Agreement with and authorizing payment to PNC Equipment Finance on behalf of E-Z-Go a Division of Textron Inc., for the Rental of Golf Carts in the total amount not to exceed $661,634 over four years. (Funding Source: Golf Fund)
Staff Recommendation:
Resolution ratifying approval of the Agreement with and authorizing payment to PNC Equipment Finance on behalf of E-Z-Go a Division of Textron Inc., for the Rental of Golf Carts in the total amount not to exceed $661,634 over four years.
PRN; Laurie Smith, 209-577-5437, [email protected]
Consent
30. Consider approving adjustments to various Airport rates and fees for specific activities and services at the Modesto City-County Airport, effective July 12, 2023, and rescinding Resolution No. 2020-350. (Funding Source: Airport Operating Fund) Staff Recommendation:
Resolution approving adjustments to various Airport rates and fees for specific activities and services at the Modesto City-County Airport (Airport), effective July 12, 2023, and rescinding Resolution No: 2020-350.
PUBLIC WORKS; Gabe da Silva, 209-577-5319, [email protected] Consent
31. Consider the submittal of Grant Applications to the Federal Aviation Administration and the State of California Department of Transportation, Division of Aeronautics for eligible Airport Improvement Projects. (Funding Source: Not Applicable) Staff Recommendation:
Resolution approving the submittal of applications to the Federal Aviation Administration (FAA) and State of California Department of Transportation (DOT) Division of Aeronautics for Airport Improvements, and authorizing the City Manager or his designee, to sign Grant Applications and related forms.
PUBLIC WORKS; Gabe da Silva, 209-577-5319, [email protected] Consent
32. Consider approving the purchase of 1.38 acres of real property at 131 9th Street owned by Varni Brothers Corporation for $2,500,000, plus $100,000 in closing costs to be used for the River Trunk Pump Station Project. (Funding Source: Wastewater Fund) Staff Recommendation:
Resolution approving the purchase of 1.38 Acres of real property located at 131 9th Street owned by Varni Brothers Corporation for $2,500,000, plus $100,000 in closing costs, to be used for the River Trunk Pump Station Project, and authorizing the City Manager, or his designee, to execute the Purchase and Sale Agreement and all related documents required to complete the transaction.
UTILITIES; Cristian Ciotau, 209-577-5260, [email protected] - 15 -
7/11/2023 5:30:00 PM
COUNCIL COMMENTS & REPORTS
CITY MANAGER COMMENTS & REPORTS
NEW BUSINESS
33. Consider an Ordinance amending the Modesto Municipal Code to Repeal Article 18, “Regulation of Cruising,” in its entirety, from Chapter 2, “Vehicles and Traffic Regulations,” of Title 3, “Public Safety,” relating to the City’s cruising ban (Funding Source: Not Applicable)
Staff Recommendation:
Motion introducing and waiving the first reading of an Ordinance amending the Modesto Municipal Code to Repeal Article 18, “Regulation of Cruising,” in its entirety, from Chapter 2, “Vehicles and Traffic Regulations,” of Title 3, “Public Safety,” relating to the City’s cruising ban.
POLICE DEPARTMENT; Steven Stanfield, 209-572-9612, [email protected]
34. Consider an Ordinance amending the Modesto Municipal Code to add Article 21, titled “Sideshows, Street Races, and Reckless Driving Exhibition”, to Chapter 2, “Vehicles and Traffic Regulations,” to Title 3 “Public Safety”, to establish regulations and penalties related to Sideshows, Street Races, and Reckless Driving Exhibition. (Funding Source: Not Applicable)
Staff Recommendation:
Motion introducing and waiving the first reading of an Ordinance amending the Modesto Municipal Code to add Article 21, titled “Sideshows, Street Races, and Reckless Driving Exhibition”, to Chapter 2, “Vehicles and Traffic Regulations,” to Title 3 “Public Safety”, to establish regulations and penalties related to Sideshows, Street Races, and Reckless Driving Exhibition.
POLICE DEPARTMENT; Steven Stanfield, 209-572-9612, [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
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
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7/11/2023 5:30:00 PM
TUESDAY, JULY 11, 2023 AT 4:45 PM
and after 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: Martinez v. City of Modesto
Case No. 19-006820
CONFERENCE WITH REAL PROPERTY NEGOTIATORS:
(Pursuant to Section 54956.8 of the Government Code)
Property: 131 9th Street, Modesto, CA 95351, APN: 103-006-002 Property Owners: Varni Bros Corporation
Negotiating Parties:
For City: Will Wong, Director of Utilities
Jose M. Sanchez, City Attorney
For Owner: Property Owner
Under Negotiation: Price and Terms
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
at by
date time signature