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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, July 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: Stuart Welch, Life Connection Church
City Clerk’s Announcements: City Clerk announced that public comment was received for Item 34, and it was forwarded to the Council.
Declaration of Conflicts of Interest: None
Reports from Closed Session: City Attorney Sanchez reported that there was no reportable action taken.
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Presentation of Proclamation proclaiming August 1, 2023, as National Night Out. (Funding Source: Not Applicable)
POLICE; Brandon Gillespie, 209-572-9533, [email protected] ACTION: Mayor Zwahlen presented proclamation declaring August 1, 2023 as National Night Out.
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MISCELLANEOUS
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:
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]
ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2023-324 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.
PUBLIC COMMENT PERIOD
Eric Cane spoke about homelessness and the elderly. Most homeless people are local people and from our community. There has been a rise in homelessness that is also affecting the elderly due to increased rents and lack of housing. Theresa Clutter spoke about the shooting of Paul Chavez and asked for justice. This Friday will be the one-year anniversary of this death.
Derek Castle spoke about tents for the homeless and spoke about how tents could be a temporary option for the homeless. Tents are a better option for homeless than sleeping on the streets or in their cars. He asked why the homeless are not allowed to sleep in a tent.
Brittoni Chavez spoke about the shooting of her husband, Paul Chavez Jr. She further commented about Officers Muncy and Valencia and asked for justice. She asked if the Community Police Review Board would be looking into the death of Paul Chavez, Jr. Ron DeLoach, People of Action Council referenced the City of Modesto Housing Element dated June 16, 2023, and cited where it says 412 Vine Street was designated for the development of two apartment complexes for a total of 34 units project called Helen White Cottages. He further spoke about how many units would be dedicated to seniors and disabled military veterans. He stated that it was switched to behavioral health and recovery services. He stated that the rehab center would be next to a park where 8.5 million dollars is being invested. There trying to get people into the parks and not push them away. He asked why it was switched from military and senior housing to rehabilitation.
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Patrick stated the City Council does not try and help anyone or address any situations.
He also commented that this Friday will be one year since Paul Chavez was killed. He further commented on Officers Muncy and Valencia and referenced the bodycam video of the shooting of Paul Chavez, Jr. He also cited free speech and civil rights. Steve spoke about the Modesto Police Department. He stated that people like himself that work hard to fight against police corruption come to speak about incidents such as the shooting of Trevor Seever by Officer Lamantia and when Officer Muncy shot Paul Chavez, Jr. He also mentioned a situation that involved Officer Mertz responding to a mental health call.
Dez Martinez, from We are Not Invisible “WANI” commented that she is with a father of an unhoused daughter that was ran over by a mower and died from her injuries. She stated that on Friday, Christine Chavez was asleep in the park when she was run over.
She spoke about the injuries and incident of that day. She further commented on the response of the Modesto Police Department. She asked why the father had to go out to the scene and find pieces of his daughter. She asked for an investigation to be opened and asked what the City of Modesto is going to do about addressing homelessness. Ramon Rodriguez spoke about the death of Paul Chavez, Jr. He asked for accountability and spoke about Officers Valencia, Muncy and Espinoza. He also spoke about acts of excessive force and asked for justice for Trevor Seever and Paul Chavez, Jr. Cristobal Chavez father of Christine Chavez stated that this weekend his daughter was killed in the park. He went to the park and found pieces of her remains. The police didn’t even tell him where she was at. He cannot even see the face of his daughter because she was killed by a tractor. The person driving the tractor should have seen her because he was a tractor driver. He knows how to drive a tractor. You can easily see a rock on the ground let alone a person laying down. He asked for justice and stated that he wants them to apprehend the person and the police be responsible because they were only at the scene for half an hour. It appears to him like there’s bad government in Modesto.
John Lucas spoke about the homeless crisis in Modesto. The point in time count in January counted 441 unsheltered people in Modesto. The City does not have the resources and there needs to be a place where people can go where they have safety and a place to lay down and know they are not going to be roused out. He appreciates there is going to be an access center now. He's hoping the City Council and County have a safe place that allows people to have a safe place in the City. Flavio from the California Low Rider Alliance stated that he wanted to applaud the City of Modesto, Chief of Police and the Council for working with the cruisers to move forward. He thanked the Council for moving forward with the repeal on the cruising ban. - 4 -
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CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS 3-32: (Williams/Alvarez; 7/0)
CONSENT
Consent
3. Consider approving the minutes from the June 27, 2023 Council Meeting. (Funding Source: Not Applicable)
Motion approving the minutes from the June 27, 2023 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Williams/Alvarez; 7/0) Motion approving the minutes from the June 27, 2023 Council Meeting.
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) 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] ACTION: (Williams/Alvarez; 7/0) 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.
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)
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] ACTION: (Williams/Alvarez; 7/0) 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.
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ACTION: (Williams/Alvarez; 7/0) 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.
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))
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] ACTION: (Williams/Alvarez; 7/0) Resolution 2023-325 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.
ACTION: (Williams/Alvarez; 7/0) Resolution 2023-326 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.
Consent
7. Consider approving the recommended Budget adjustments to Fiscal Year 2022-23 Annual Operating and Capital Improvement Program Budgets. (Funding Source:
Various Funds)
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] ACTION: (Williams/Alvarez; 7/0) Resolution 2023-327 amending Fiscal Year 2022- 23 Annual Operating and Capital Improvement Project Fund Budgets and authorizing - 6 -
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the City Manager, to make the necessary steps to implement the provisions of this Resolution.
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)
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] ACTION: (Williams/Alvarez; 7/0) Resolution 2023-328 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.
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) 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 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] ACTION: (Williams/Alvarez; 7/0) Resolution 2023-329 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 and authorizing the City Manager or his designee to execute the Agreements.
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 - 7 -
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to apply for the State of California Multifamily Housing Program. (Funding Source:
Permanent Local Housing Allocation and American Rescue Plan HOME Investment Partnership)
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] ACTION: (Williams/Alvarez; 7/0) Resolution 2023-330 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.
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)
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] ACTION: (Williams/Alvarez; 7/0) Resolution 2023-331 approving the Consultant Services Agreement with De Novo Planning Group for Environmental Planning Services, for a two-year Agreement with three 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.
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)
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 - 8 -
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amendment.
CED; Robert Kimball, 209-571-5540, [email protected] ACTION: (Williams/Alvarez; 7/0) Resolution 2023-332 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.
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) 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] ACTION: (Williams/Alvarez; 7/0) Resolution 2023-333 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.
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) 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] ACTION: (Williams/Alvarez; 7/0) Resolution 2023-334 accepting the public improvements for Woodglen Subdivision Village One Subdivision, located an area bounded by Pelandale Avenue, Carver Road, Bangs Avenue, and Tully Road, - 9 -
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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.
ACTION: (Williams/Alvarez; 7/0) Resolution 2023-335 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.
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) 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] ACTION: (Williams/Alvarez; 7/0) Resolution 2023-336 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.
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)
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 - 10 -
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the AECOM Design Services Agreement
ENGINEERING SERVICES; Toby Wells, 209-571-5542, [email protected] ACTION: (Williams/Alvarez; 7/0) Resolution 2023-337 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
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)
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] ACTION: (Williams/Alvarez; 7/0) Resolution 2023-338 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.
ACTION: (Williams/Alvarez; 7/0) Resolution 2023-339 approving an Agreement with NorthStar Engineering, Inc., Modesto, CA., for On-Call Land Surveying Services - 11 -
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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.
ACTION: (Williams/Alvarez; 7/0) Resolution 2023-340 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.
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)
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] ACTION: (Williams/Alvarez; 7/0) Resolution 2023-341 approving the Award of Bid for the purchase of three (3) One-Ton Trucks to American Chevrolet, Modesto, CA for - 12 -
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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.
ACTION: (Williams/Alvarez; 7/0) Resolution 2023-342 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.
ACTION: (Williams/Alvarez; 7/0) Resolution 2023-343 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.
ACTION: (Williams/Alvarez; 7/0) Resolution 2023-344 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.
Consent
19. Consider accepting an informational report for the May 2023 Accounts Payable Payment Register and Void report. (Funding Source: Not Applicable) 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]
ACTION: (Williams/Alvarez; 7/0) Motion accepting an informational report for the May 2023 Accounts Payable Payment Register and Void report.
Consent
20. Consider accepting the Monthly Investment Report for April 2023. (Funding Source:
Various Funds)
Motion accepting the Monthly Investment Report for April 2023.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
ACTION: (Williams/Alvarez; 7/0) Motion accepting the Monthly Investment Report - 13 -
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for April 2023.
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)
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]
ACTION: (Williams/Alvarez; 7/0) Motion introducing and waiving the first reading of Ordinance 3766-C.S. 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.
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)
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] - 14 -
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ACTION: (Williams/Alvarez; 7/0) Resolution 2023-345 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.
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 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) 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]
ACTION: (Williams/Alvarez; 7/0) Resolution 2023-346 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.
ACTION: (Williams/Alvarez; 7/0) Resolution 2023-347 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 - 15 -
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necessary documentation to secure the permits for the construction of this project.
ACTION: (Williams/Alvarez; 7/0) Resolution 2023-348 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.
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)
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]
ACTION: (Williams/Alvarez; 7/0) Resolution 2023-349 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.
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) 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 $226,786, and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.
PRN; Nathan Houx, 209-571-5526, [email protected]
ACTION: (Williams/Alvarez; 7/0) Resolution 2023-350 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 $226,786, and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.
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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) 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]
ACTION: (Williams/Alvarez; 7/0) Resolution 2023-351 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 onetime 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.
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)
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] ACTION: (Williams/Alvarez; 7/0) Resolution 2023-352 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.
Consent
28. Consider approving the Second Amendment to the Agreement for the Operation of the - 17 -
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King-Kennedy Memorial Center with the West Modesto Community Collaborative to extend the Agreement for one (1) year. (Funding Source: General Fund) 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] ACTION: (Williams/Alvarez; 7/0) Resolution 2023-353 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 year and authorizing the City Manager or his designee to execute this second amendment.
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)
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]
ACTION: (Williams/Alvarez; 7/0) Resolution 2023-354 ratifying approval of the Agreement with and authorizing payment to PNC Equipment Finance on behalf of EZ-Go a Division of Textron Inc., for the Rental of Golf Carts in the total amount not to exceed $661,634 over four years.
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) 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] ACTION: (Williams/Alvarez; 7/0) Resolution 2023-355 approving adjustments to various Airport rates and fees for specific activities and services at the Modesto CityCounty Airport (Airport), effective July 12, 2023, and rescinding Resolution No: 2020- 350.
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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) 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] ACTION: (Williams/Alvarez; 7/0) Resolution 2023-356 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.
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) 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] ACTION: (Williams/Alvarez; 7/0) Resolution 2023-357 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.
COUNCIL COMMENTS & REPORTS
Councilmember Bavaro commented on illegal fireworks on the Fourth of July. It was like a war zone throughout the City. He stated he received numerous calls and texts regarding fireworks and talked about several constituents and their various concerns. He reported there were 45 citations for use of illegal fireworks, of which 23 of those were results of Sky 1 aircraft.
He also stated that Fire Chief Jasper reported that they multiple calls on July 4th through July 5th and was told that the purchasing of illegal fireworks can cost several thousand dollars. If someone is caught setting off illegal fireworks in Modesto, the fine is only $1,000 and that does not seem to be a deterrent. He asked the City Manager, and City Attorney along with the Police Chief and Fire Chief to review the policy. He stated he would support increasing the fine to as much as $10,000, and up to $50,000 for the sale and distribution of illegal fireworks. - 19 -
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Vice Mayor Ricci agreed with Councilmember Bavaro on the fireworks issue and feels illegal fireworks have been an ongoing problem in the City. He is pleased with the progress by the Police Department on improving enforcement, and the big increase in citations this year, mainly, as a result of Sky 1’s work. He thinks they need to continue to innovate and continue to build enforcement mechanisms to break down this issue. He also agrees with Councilmember Bavaro that higher fines are needed.
Councilmember Williams stated that he also agrees with the sentiments and comments of his colleagues about illegal fireworks, but he also wanted to say thank you to the citizens of Modesto, who came out to the 4th of July parade. They had an outstanding time and estimates there were about 30,000 people in attendance. There were no incidents, and the weather was beautiful. He thanked the City of Modesto and particularly the Kiwanis Club of Modesto, as well as the Council. He also thanked the sponsors of the event and the Committee. He further thanked the Parks and Recreation Department for their assistance and also thanked Allison Van Guilder, Deputy City Manager for singing the National Anthem. He also encouraged the public to attend the Fair.
Councilmember Escutia-Braaton stated that Councilmember Williams played a pivotal role in the success of this year's Fourth of July parade. She thanked him for his leadership in making it such a successful event for the community. She agrees with her peers on how pervasive illegal fireworks were in Modesto and what a negative impact they have to the entire community, including poor air quality. She thanked the Police and Firefighters who were very active that day and ensured that families and the community were safe. She also reported on attending the Police promotion a couple of weeks ago, and how impressed she was with the ceremony. She also reported on the upcoming heat wave and encouraged the public to look at the City’s website for cooling center locations. There's going to be a lot of people in need of someplace to stay cool and there will be free bus rides if anyone wants to go to the mall and do some window shopping there to stay cool.
Council Member Alvarez echoed the sentiments of his colleagues about the Fourth of July parade. It was a goodtime and he was out there with family and nieces and nephews. He also stated that he agrees that the City needs to take action to mitigate the negative effects of illegal fireworks. He reported that in regard to housing, he’s been discussing this issue of this topic with a lot of folks in his district. He’s pleased to announce that the rental inspection ordinance will be activated this month. and described elements of the program. He urged all residents of Modesto, not exclusive just to District 2 residents to contact his office if they are dealing with any substandard rental housing including mold, pest infestations and the like. He shared information about several housing projects that are in the works and commended the Housing Department for their diligent work in competing for funding for those projects. and it reported on the 54 acres at the Municipal Golf Course and that he communicated how he felt about it at the last council meeting and it being a public private partnership with the City of Modesto. He’s keeping that invitation open. He knows that folks are advocating for a stadium of some kind which would be utilized by Modesto, but he thinks a stadium there would be transformative.
Mayor Zwahlen reported that she along with the other Councilmembers attended the Fourth of July parade. She thoroughly enjoyed having the children in the room this evening and they are - 20 -
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most welcome. She wishes that the room was full of children at every meeting. It's been so great to see them here enjoying the meeting and hopefully learning a lot about how City government works. So, they are always welcome and encouraged them to come back as they bring life and all the good things to this world.
CITY MANAGER COMMENTS & REPORTS
None.
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)
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; Steven Stanfield, 209-572-9612, [email protected] ACTION: (Ricci/Alvarez; 7/0) Motion introducing and waiving the first reading of an Ordinance 3767-C.S. 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.
Recessed: 7:45 p.m.
Resumed: 7:50 p.m.
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)
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; Steven Stanfield, 209-572-9612, [email protected] ACTION: (Escutia-Braaton/Williams; 7/0) Motion introducing and waiving the first reading of an Ordinance 3768-C.S. 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.
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MATTERS TOO LATE FOR THE AGENDA
None.
ADJOURNMENT
This meeting adjourned at 8:11 p.m.
Closed Session Matters Heard Prior to the Meeting
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
Attest:____________________________
Diane Nayares-Perez, City Clerk