- 1 -
9/12/2023 5:30:00 PM
*Via Teleconference
Councilmember Escutia-Braaton
Hyatt Regency Washington
on Capitol Hill
400 New Jersey Avenue, NW
Grand Canyon Room – 2nd Floor
Washington, DC 20001
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, September 12, 2023 at 5:30 PM
Roll Call – Present: Councilmembers Alvarez, Bavaro, *Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
Absent: None
Pledge of Allegiance to the Flag
Invocation: Pat Nagle, Redeemer
City Clerk’s Announcements
Declaration of Conflicts of Interest: Councilmember Williams - Item 27 Reports from Closed Session: City Attorney Sanchez reported. No Reportable Action was taken.
ACKNOWLEDGEMENTS AND PRESENTATIONS
Mayor Zwahlen asked for a moment of silence for late former Councilmember Frank Muratore.
1. Proclamation declaring September 10-16, 2023 as National Suicide Prevention Week. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]
- 2 -
9/12/2023 5:30:00 PM
ACTION: Mayor Zwahlen presented proclamation declaring September 10-16, 2023 as National Suicide Prevention Week.
2. Proclamation declaring September 15 - October 15, 2023 as National Hispanic Heritage Month in recognition of the significant contributions of the Hispanic community who have enriched Modesto, the nation and the world. (Funding Source:
Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]
ACTION: Mayor Zwahlen presented proclamation declaring September 15 - October 15, 2023 as National Hispanic Heritage Month in recognition of the significant contributions of the Hispanic community who have enriched Modesto, the nation and the world.
3. Proclamation declaring September 16, 2023 as National Clean Up Day. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]
ACTION: Mayor Zwahlen presented proclamation declaring September 16, 2023 as National Clean Up Day.
MISCELLANEOUS
4. Consider accepting the resignation of Douglas Parman from the Citizens Housing Community Development Committee. (Funding Source: Not Applicable) Staff Recommendation:
Resolution accepting the resignation of Douglas Parman from the Citizens Housing Community Development Committee.
CED; Cynthia Formosa, 209-577-5211, [email protected] ACTION: (Wright/Alvarez; 7/0) Resolution 2023-392 accepting the resignation of Douglas Parman from the Citizens Housing Community Development Committee.
5. Consider accepting the resignation of Stacey Sottero and Fallon Ferris from the City of Modesto’s Equity Commission. (Funding Source: Not Applicable) Staff Recommendation:
Resolution accepting the resignation of Stacy Sottero and Fallon Ferris from the Equity Commission.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2023-393 accepting the resignation of Stacy Sottero and Fallon Ferris from the Equity Commission. - 3 -
9/12/2023 5:30:00 PM
6. Consider appointing Sarah Aaronson to the Downtown Improvement District Board of Directors for the remainder of a four-year term through December 31, 2026. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution appointing Sarah Aaronson to the Downtown Improvement District Board of Directors for the remainder of a four-year term through December 31, 2026.
PRN; Laurie Smith, 209-577-5347, [email protected]
ACTION: (Alvarez/Williams; 7/0) Resolution 2023-394 appointing Sarah Aaronson to the Downtown Improvement District Board of Directors for the remainder of a fouryear term through December 31, 2026.
7. Consider approving the appointments of Denise Nordell and Roman Messick to the Blight Abatement Advisory Committee. (Funding Source: Not Applicable) Staff Recommendation:
Resolution approving the appointments of Denise Nordell and Roman Messick to the Blight Abatement Advisory Committee for a four-year term with an expiration date of December 31, 2027.
PUBLIC WORKS; Rosene Nguyen, 209-577-5453, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2023-395 approving the appointments of Denise Nordell and Roman Messick to the Blight Abatement Advisory Committee for a four-year term with an expiration date of December 31, 2027.
PUBLIC COMMENT PERIOD
Wyvonnia Dixon spoke about the large amount feral cats in the City and the need for spaying and neutering of cats.
A citizen spoke about the shooting of Paul Chavez, Jr. He alco commented about Officer Muncy and the Council.
Michael Ketcham spoke about feral cats in his neighborhood. He further commented about the TNR Program that has caused a surge in feral cats in his neighborhood. James Costello from Modesto Citizens Action Group asked Council to consider adopting a Safe Sleeping Space in Modesto. Other cities are addressing this problem and would like Modesto to do the same. He also commented on MOES and stated that homelessness is a national problem.
Diane Kroeze spoke about the homelessness and commented on MOES. She spoke about the rules of Safe Parking and believes the rules are making it difficult for people to park there.
- 4 -
9/12/2023 5:30:00 PM
Brittoni Chavez spoke about the shooting of her husband Paul Chavez, Jr. She spoke about the failure of the justice system. She asked what is being done for justice to be served.
Lynelle Solomon spoke about homeless and the importance of having a safe place for them to sleep. She referenced the article recently published in the Modesto Bee. She stated now is the time before winter kicks in. She also spoke about a homeless person that was recently attacked and stated that very ill homeless persons that were treated and streeted by the hospital. She spoke about an organized crime ring that is attacking and targeting the homeless.
Arthur Fabela spoke on the future of the Modesto Golf Course. He referenced a handout that he distributed to the Council that includes a development concept for the Municipal Golf Course that could change the stigma of West Modesto. Emerson Drake commented on the Modesto Bee video article about the homeless with Councilmembers Alvarez, Bavaro, Ricci. He spoke about the agenda review meetings.
He also commented about past issues with SCAP funds, and other commented on Measure X.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS 8-25: (Bavaro/Wright; 7/0)
CONSENT
Consent
8. Consider approving the minutes from the August 22, 2023 Council Meeting. (Funding Source: Not Applicable)
Motion approving the minutes from the August 22, 2023 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Bavaro/Wright; 7/0) Motion approving the minutes from the August 22, 2023 Council Meeting.
Consent
9. Consider Calling for the Holding of a Primary Municipal Election to be held on March 5, 2024 for the Election of the Mayor as required by the City Charter of the City of Modesto, Requesting the Stanislaus County Board of Supervisors Consolidate the City of Modesto Primary Municipal Election, Requesting the Services of the Registrar of Voters, Elections Division of the County of Stanislaus to Conduct the Election on behalf of the City of Modesto, and if necessary, the Calling and Giving Notice for the Holding of a Run-Off Municipal Election on November 5, 2024 for Said Office; and, a Resolution Adopting Regulations for Candidates for Elective Office Pertaining to Candidates Statements Submitted to the Voters at an Election to be held on Tuesday, March 5, 2024. (Funding Source: Election Fund)
- 5 -
9/12/2023 5:30:00 PM
Resolution Calling for the Holding of a Primary Municipal Election to be held on March 5, 2024 for the Election of the Mayor as Required by the City Charter of the City of Modesto, Requesting the Stanislaus County Board of Supervisors Consolidate the City of Modesto Primary Municipal Election to be held on March 5, 2024, Requesting the Services of the Registrar of Voters, Elections Division of the County of Stanislaus to Conduct the Election on behalf of the City of Modesto, and if necessary, the Calling and Giving Notice for the Holding of a Run-Off Municipal Election on November 5, 2024 for Said Office.
Resolution Adopting Regulations for Candidates for Elective Office Pertaining to Candidates Statements Submitted to the Voters at an Election to be Held on Tuesday, March 5, 2024.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Bavaro/Wright; 7/0) Resolution 2023-396 Calling for the Holding of a Primary Municipal Election to be held on March 5, 2024 for the Election of the Mayor as Required by the City Charter of the City of Modesto, Requesting the Stanislaus County Board of Supervisors Consolidate the City of Modesto Primary Municipal Election to be held on March 5, 2024, Requesting the Services of the Registrar of Voters, Elections Division of the County of Stanislaus to Conduct the Election on behalf of the City of Modesto, and if necessary, the Calling and Giving Notice for the Holding of a Run-Off Municipal Election on November 5, 2024 for Said Office.
ACTION: (Bavaro/Wright; 7/0) Resolution 2023-397 Adopting Regulations for Candidates for Elective Office Pertaining to Candidates Statements Submitted to the Voters at an Election to be Held on Tuesday, March 5, 2024.
Consent
10. Consider approving the recommended Budget Adjustments to Fiscal Year 2022-23 and Fiscal Year 2023-24 Annual Operating and Capital Improvement Program Budgets; Amending the Position Classification Plan and Position Allocation for Fiscal Year 2023-24 as adopted in the Operating Budget. (Funding Source: Various Funds) Resolution amending Fiscal Year 2022-23 and Fiscal Year 2023-24 Annual Operating and Capital Improvement Project Fund Budgets and authorizing the City Manager, to take the necessary steps to implement the provisions of this Resolution.
Resolution amending the Classification Plan for the City of Modesto to create new classifications and amend existing classifications. Resolution amending the position allocation for Fiscal Year 2023-24 as adopted in the Operating Budget.
BUDGET; Steve Christensen, 209-577-5390, [email protected] ACTION: (Bavaro/Wright; 7/0) Resolution 2023-398 amending Fiscal Year 2022- 23 and Fiscal Year 2023-24 Annual Operating and Capital Improvement Project Fund Budgets and authorizing the City Manager, to take the necessary steps to implement the provisions of this Resolution.
- 6 -
9/12/2023 5:30:00 PM
ACTION: (Bavaro/Wright; 7/0) Resolution 2023-399 amending the Classification Plan for the City of Modesto to create new classifications and amend existing classifications.
ACTION: (Bavaro/Wright; 7/0) Resolution 2023-400 amending the position allocation for Fiscal Year 2023-24 as adopted in the Operating Budget.
Consent
11. Consider approving the Plans and Specifications for the Pelandale Avenue Pavement Rehabilitation - Dale Road to Detroit Lane, STPL 5059(242) Project, accepting the bid, and awarding a contract to Pavement Coatings Co. of Sacramento, CA, in the amount of $2,192,229; and authorizing the Director of Utilities to approve Change Orders up to the cumulative amount of $219,223 (10% of the original contract price) for the project. (Funding Source: Regional Surface Transportation Program (RSTP) and Local Measure L Funds)
Resolution approving the Plans and Specifications for the Pelandale Avenue Pavement Rehabilitation - Dale Road to Detroit Lane, STPL 5059(242) Project, accepting the bid, and awarding a contract to Pavement Coatings Co. of Sacramento, CA, in the amount of $2,192,229, and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution authorizing the Director of Utilities to approve Change Orders up to the cumulative amount of $219,223 (10% of the original contract price) for the Pelandale Avenue Pavement Rehabilitation - Dale Road to Detroit Lane, STPL 5059(242) project.
Resolution amending the Fiscal Year 2023-2024 Capital Improvement Program (CIP) budget, Project #101269 in the amount of $800,000, and increasing the transfer from the Measure L – Local Road Tax Fund to fund the project and authorizing the City Manager, or his designee, to take the necessary steps to implement the provisions of this resolution.
ENGINEERING SERVICES; Toby Wells, 209-577-5258, [email protected] ACTION: (Bavaro/Wright; 7/0) Resolution 2023-401 approving the Plans and Specifications for the Pelandale Avenue Pavement Rehabilitation - Dale Road to Detroit Lane, STPL 5059(242) Project, accepting the bid, and awarding a contract to Pavement Coatings Co. of Sacramento, CA, in the amount of $2,192,229, and authorizing the City Manager, or his designee, to execute the Agreement.
ACTION: (Bavaro/Wright; 7/0) Resolution 2023-402 authorizing the Director of Utilities to approve Change Orders up to the cumulative amount of $219,223 (10% of the original contract price) for the Pelandale Avenue Pavement Rehabilitation - Dale Road to Detroit Lane, STPL 5059(242) project.
ACTION: (Bavaro/Wright; 7/0) Resolution 2023-403 amending the Fiscal Year 2023-2024 Capital Improvement Program (CIP) budget, Project #101269 in the amount of $800,000, and increasing the transfer from the Measure L – Local Road Tax Fund to - 7 -
9/12/2023 5:30:00 PM
fund the project and authorizing the City Manager, or his designee, to take the necessary steps to implement the provisions of this resolution.
Consent
12. Consider approving the Purchasing Agreement for Janitorial Supplies to Central Sanitary Supply doing business as (dba) Brady IFS, Las Vegas, NV, for a total amount not to exceed $733,326 over five years. (Funding Source: Various Funds) Resolution approving the Award of Bid and Purchasing Agreement for Janitorial Supplies to Central Sanitary Supply dba Brady IFS, Las Vegas, NV for two year Agreement with three one-year extension options, for an annual estimated amount of $147,000 and a total amount not to exceed $733,326 over five years and authorizing the City Manager or his designee to execute the Agreement.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] ACTION: (Bavaro/Wright; 7/0) Resolution 2023-404 approving the Award of Bid and Purchasing Agreement for Janitorial Supplies to Central Sanitary Supply dba Brady IFS, Las Vegas, NV for two year Agreement with three one-year extension options, for an annual estimated amount of $147,000 and a total amount not to exceed $733,326 over five years and authorizing the City Manager or his designee to execute the Agreement.
Consent
13. Consider approving the updates to the Change Order Approval Policy for the City of Modesto Capital Improvement Program (CIP) Projects. (Funding Source: Capital Improvement Projects)
Resolution approving the revised Change Order Approval Policy for the City of Modesto CIP Projects.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] ACTION: (Bavaro/Wright; 7/0) Resolution 2023-405 approving the revised Change Order Approval Policy for the City of Modesto CIP Projects.
Consent
14. Consider a Third Amendment to the Agreement with Employee Relations, Glendale, CA to conduct Pre-Employment Background Checks for a revised Agreement total amount not to exceed $64,900. (Funding Source: Various Funds) Resolution approving a Third Amendment to the Agreement with Employee Relations, Glendale, CA for conducting Pre-Employment Background Checks to increase the amount by $15,000 from $49,900 to a new total amount not to exceed $64,900 and authorizing the City Manager, or his designee, to execute the Agreement.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] - 8 -
9/12/2023 5:30:00 PM
ACTION: (Bavaro/Wright; 7/0) Resolution 2023-406 approving a Third Amendment to the Agreement with Employee Relations, Glendale, CA for conducting Pre-Employment Background Checks to increase the amount by $15,000 from $49,900 to a new total amount not to exceed $64,900 and authorizing the City Manager, or his designee, to execute the Agreement.
Consent
15. Consider Agreements for Executive Level Recruitment Services with Ralph Andersen & Associates, Rocklin, CA; CPS HR Consulting, Inc. Sacramento, CA; GVP Ventures, Inc. dba Bob Murray and Associates, Roseville, CA; Koff and Associates, a Gallagher Company, Berkeley, CA; and Neher and Associates, Sacramento, CA in a total amount between all Agreements combined not to exceed $343,000 over five years. (Funding Source: Various Funds)
Resolution approving Agreements with Ralph Andersen & Associates, Rocklin, CA; CPS HR Consulting, Inc. Sacramento, CA; GVP Ventures, Inc. dba Bob Murray And Associates, Roseville, CA; Koff And Associates, A Gallagher Company, Berkeley, CA; and Neher And Associates, Sacramento, CA to conduct Citywide Executive Level Recruitment Services, on an as needed basis, for a two year Agreement with three one-year extension options, at the sole discretion of the City, for an annual estimated average amount of $81,366 in an amount not to exceed $343,000 over five years for the combined total of all Agreements.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] ACTION: (Bavaro/Wright; 7/0) Resolution 2023-407 approving Agreements with Ralph Andersen & Associates, Rocklin, CA; CPS HR Consulting, Inc. Sacramento, CA; GVP Ventures, Inc. dba Bob Murray And Associates, Roseville, CA; Koff And Associates, A Gallagher Company, Berkeley, CA; and Neher And Associates, Sacramento, CA to conduct Citywide Executive Level Recruitment Services, on an as needed basis, for a two year Agreement with three one-year extension options, at the sole discretion of the City, for an annual estimated average amount of $81,366 in an amount not to exceed $343,000 over five years for the combined total of all Agreements.
Consent
16. Consider approving a Third Amendment to the Agreement with Lafayette & Kumagai, LLP for Legal Services for a revised Agreement total amount not to exceed $545,000 and extending the term of the Agreement to December 31, 2025. (Funding Source:
General Liability Insurance Fund)
Resolution approving a Third Amendment to the Legal Services Agreement with Lafayette & Kumagai, LLP in the amount of $300,000, for a revised Agreement total amount not to exceed $545,000, for continued representation in personnel matters, and extending the Agreement term from April 1, 2024, to December 31, 2025; and authorizing the City Manager, or his designee, to execute the Amendment.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] - 9 -
9/12/2023 5:30:00 PM
ACTION: (Bavaro/Wright; 7/0) Resolution 2023-408 approving a Third Amendment to the Legal Services Agreement with Lafayette & Kumagai, LLP in the amount of $300,000, for a revised Agreement total amount not to exceed $545,000, for continued representation in personnel matters, and extending the Agreement term from April 1, 2024, to December 31, 2025; and authorizing the City Manager, or his designee, to execute the Amendment.
Consent
17. Consider approving amendments to the Equity Commission Bylaws (Funding Source:
Not Applicable)
Resolution approving amendments to the Equity Commission Bylaws HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] ACTION: (Bavaro/Wright; 7/0) Resolution 2023-409 approving amendments to the Equity Commission Bylaws.
Consent
18. Consider approving the First Amendment to the Tactical Flight Officer Training Agreement with Jeff Moring for a revised total amount of $25,000. (Funding Source:
General Fund)
Resolution approving the First Amendment to the Agreement with Jeff Moring for the Tactical Flight Officer training, increasing the Agreement by $15,000 from $10,000 to a new total amount of $25,000; and authorizing the City Manager, or his designee to execute the Amendment.
POLICE; Kalani Souza, 209-572-9500, [email protected] ACTION: (Bavaro/Wright; 7/0) Resolution 2023-410 approving the First Amendment to the Agreement with Jeff Moring for the Tactical Flight Officer training, increasing the Agreement by $15,000 from $10,000 to a new total amount of $25,000; and authorizing the City Manager, or his designee to execute the Amendment.
Consent
19. Consider approving the First Amendment for Backflow Prevention Testing Services to a total revised amount not to exceed $225,000. (Funding Source: Various Funds) Resolution approving the First Amendment increasing the Agreement amount with Sameday Backflow Service, for Backflow Prevention Testing Services by $100,000 from $125,000 to a new total amount not to exceed $225,000; and authorizing the City Manager, or his designee to execute the Amendment.
PRN; Kelly Gallagher, 209-342-2270, [email protected] ACTION: (Bavaro/Wright; 7/0) Resolution 2023-411 approving the First Amendment increasing the Agreement amount with Sameday Backflow Service, for Backflow Prevention Testing Services by $100,000 from $125,000 to a new total amount not to exceed $225,000; and authorizing the City Manager, or his designee to execute the Amendment.
- 10 -
9/12/2023 5:30:00 PM
Consent
20. Consider approving an Agreement with HDR Engineering, Inc., of Folsom, CA to complete assigned work and to gain regulatory compliance for the Carpenter Road Landfill, Modesto California for an amount not to exceed $271,700 over a five-year period, plus $27,170 for additional services authorized by the City Manager, for a total amount not to exceed $298,870. (Funding Source: Carpenter Road Landfill) Resolution approving an Agreement with HDR Engineering, Inc., of Folsom, CA, to complete assigned work and to gain regulatory compliance for the Carpenter Road Landfill, Modesto, California for an amount not to exceed $271,700 over a five-year period, plus $27,170 for additional services authorized by the City Manager, for a total amount not to exceed $298,870, and authorizing the City Manager, or his designee, to execute the Agreement.
PUBLIC WORKS; Rosene Nguyen, 209-577-5453, [email protected] ACTION: (Bavaro/Wright; 7/0) Resolution 2023-412 approving an Agreement with HDR Engineering, Inc., of Folsom, CA, to complete assigned work and to gain regulatory compliance for the Carpenter Road Landfill, Modesto, California for an amount not to exceed $271,700 over a five-year period, plus $27,170 for additional services authorized by the City Manager, for a total amount not to exceed $298,870, and authorizing the City Manager, or his designee, to execute the Agreement.
Consent
21. Consider the Award of Bid and Agreement for Painting Services to HB Restoration, Rio Linda, CA at the Modesto City-County Airport, for an annual estimated amount of $50,000 and a total amount not to exceed $250,000 over five years. (Funding Source:
Stanislaus County Aircraft Tax Fund)
Resolution approving the Award of Bid and Agreement for Painting Services to HB Restoration, Rio Linda, CA, for a two-year Agreement with three one-year extensions options, for an annual estimated amount of $50,000 and a total amount not to exceed $250,000 over five years, and authorizing the City Manager or his designee, to sign the Agreement.
PUBLIC WORKS; Gabe da Silva, 209-577-5319, [email protected] ACTION: (Bavaro/Wright; 7/0) Resolution 2023-413 approving the Award of Bid and Agreement for Painting Services to HB Restoration, Rio Linda, CA, for a two-year Agreement with three one-year extensions options, for an annual estimated amount of $50,000 and a total amount not to exceed $250,000 over five years, and authorizing the City Manager or his designee, to sign the Agreement.
Consent
22. Consider accepting the Plans and Specifications for the Empire Yosemite Boulevard Water Main Crossings Strengthen & Replace Project; and Awarding a Construction Contract to DSS Company dba Knife River Construction, of Stockton, CA, in a total amount not to exceed $1,260,475. (Funding Source: Water Fund) - 11 -
9/12/2023 5:30:00 PM
Resolution approving Plans and Specifications for the Empire Yosemite Boulevard Water Main Crossings Strengthen & Replace Project, accepting the bid, and approving a Construction Contract with DSS Company dba Knife River Construction, of Stockton, CA, in the amount of $1,096,065, plus $164,410 in contingency (if needed), for a total amount not to exceed $1,260,475 and authorizing the City Manager, or his designee, to execute the contract.
Resolution authorizing an increase in the Director’s Authority to issue Change Orders for the Empire Yosemite Boulevard Water Main Crossings Strengthen & Replace Project from 8% ($87,686) to 15% ($164,410) of the Construction Contract amount of $1,096,065 with DSS Company dba Knife River Construction, of Stockton, CA.
Resolution amending the Fiscal Year 2023-24 Capital Improvement Program Budget in the amount of $544,613 to be transferred into the Project from Water Fund Reserves in order to fund the Empire Yosemite Boulevard Water Main Crossings Strengthen & Replace Project and authorizing the City Manager, or his designee, to implement the provisions of the resolution.
UTILITIES; Edgar Vargas, 209-577-5424, [email protected] ACTION: (Bavaro/Wright; 7/0) Resolution 2023-414 approving Plans and Specifications for the Empire Yosemite Boulevard Water Main Crossings Strengthen & Replace Project, accepting the bid, and approving a Construction Contract with DSS Company dba Knife River Construction, of Stockton, CA, in the amount of $1,096,065, plus $164,410 in contingency (if needed), for a total amount not to exceed $1,260,475 and authorizing the City Manager, or his designee, to execute the contract.
ACTION: (Bavaro/Wright; 7/0) Resolution 2023-415 authorizing an increase in the Director’s Authority to issue Change Orders for the Empire Yosemite Boulevard Water Main Crossings Strengthen & Replace Project from 8% ($87,686) to 15% ($164,410) of the Construction Contract amount of $1,096,065 with DSS Company dba Knife River Construction, of Stockton, CA.
ACTION: (Bavaro/Wright; 7/0) Resolution 2023-416 amending the Fiscal Year 2023-24 Capital Improvement Program Budget in the amount of $544,613 to be transferred into the Project from Water Fund Reserves in order to fund the Empire Yosemite Boulevard Water Main Crossings Strengthen & Replace Project and authorizing the City Manager, or his designee, to implement the provisions of the resolution.
Consent
23. Consider approving a Fourth Amendment to the Agreement with Brown and Caldwell, of Rancho Cordova, CA, for Design and Construction Services for Replacement Well 226 (71) in the amount of $54,863 for a revised Agreement total not to exceed $554,224. (Funding Source: Water Fund)
Resolution approving a Fourth Amendment to the Agreement with Brown and Caldwell, of Rancho Cordova, CA, for Design and Construction Services for - 12 -
9/12/2023 5:30:00 PM
Replacement Well 226 (71) in the amount of $54,863 for an Agreement total not to exceed $554,224 and authorizing the City Manager, or his designee, to execute the Amendment.
UTILITIES; David Felix, 209-577-5488, [email protected] ACTION: (Bavaro/Wright; 7/0) Resolution 2023-417 approving a Fourth Amendment to the Agreement with Brown and Caldwell, of Rancho Cordova, CA, for Design and Construction Services for Replacement Well 226 (71) in the amount of $54,863 for an Agreement total not to exceed $554,224 and authorizing the City Manager, or his designee, to execute the Amendment.
Consent
24. Consider approving a First Amendment to the Agreement with Envirogen Technologies, Inc., Rancho Cucamonga, CA, for the Grayson Nitrate Treatment System Replacement to increase the Agreement amount by $133,960 to a revised amount not to exceed $1,794,308. (Funding Source: Water Fund) Resolution approving a First Amendment to the Agreement with Envirogen Technologies, Inc., Rancho Cucamonga, CA. for the Grayson Nitrate Treatment System Replacement to increase the Agreement amount by $133,960 for a revised amount not to exceed $1,794,308 and authorizing the City Manager, or his designee, to execute the Amendment.
Resolution amending the Fiscal Year 2023-24 Capital Improvement Project Multi-Year Budget in the amount of $133,960, for a new total of $1,919,308, to be transferred into the Project from Water Reserves and authorizing the City Manager, or his Designee, to implement the provisions of this Resolution.
UTILITIES; Jeff Daniels, 209-342-4585, [email protected] ACTION: (Bavaro/Wright; 7/0) Resolution 2023-418 approving a First Amendment to the Agreement with Envirogen Technologies, Inc., Rancho Cucamonga, CA. for the Grayson Nitrate Treatment System Replacement to increase the Agreement amount by $133,960 for a revised amount not to exceed $1,794,308 and authorizing the City Manager, or his designee, to execute the Amendment.
ACTION: (Bavaro/Wright; 7/0) Resolution 2023-419 amending the Fiscal Year 2023-24 Capital Improvement Project Multi-Year Budget in the amount of $133,960, for a new total of $1,919,308, to be transferred into the Project from Water Reserves and authorizing the City Manager, or his Designee, to implement the provisions of this Resolution.
Consent
25. Consider approving an Agreement with All Season Lawn Landscaping for Landscape Maintenance Services at Water Wells and Tank Sites, for a total amount not to exceed $450,000 over five years. (Funding Source: Water Fund)
Resolution approving the Award of Bid and Agreement with All Season Lawn Landscaping, Escalon, CA for Landscape Maintenance Services at Water Wells and Tank Sites, for an estimated annual amount of $90,000 and a total not to - 13 -
9/12/2023 5:30:00 PM
exceed $450,000 over five years, and authorizing the City Manager, or his designee to execute the Agreement.
UTILITIES; Jeff Daniels, 209-342-4585, [email protected] ACTION: (Bavaro/Wright; 7/0) Resolution 2023-420 approving the Award of Bid and Agreement with All Season Lawn Landscaping, Escalon, CA for Landscape Maintenance Services at Water Wells and Tank Sites, for an estimated annual amount of $90,000 and a total not to exceed $450,000 over five years, and authorizing the City Manager, or his designee to execute the Agreement.
COUNCIL COMMENTS & REPORTS
Vice Mayor Ricci thanked Chief Gillespie for sending the Council the Modesto Police Department Annual Report. He detailed some of the stats in the annual report. Based on the positive statistics in the report, he is seeing that as a City they are heading in the right direction and appreciates the leadership and support, they are getting from the City Manager and Chief Gillespie.
Councilmember Escutia-Braaton reported as a member of StanCOG she is currently in Washington, DC attending Valley Voice to meet with federal lawmakers and government officials to discuss projects and initiatives affecting the valley. She also stated that she noted the comments made during public comment regarding the unsheltered bill of rights. She reported on attending the retirement ceremony for Fire Chief Alan Ernst and thanked him for his years of service. She further reported on attending the Stanislaus County OES Leadership Academy and was accompanied by Mayor Zwahlen and Supervisor Grewal.
Councilmember Wright commented that the City does a lot for the homeless. There are beds for the unhoused every night. In October, Care Court will start for the mentally challenged people.
He also stated that he was disappointed in the cruisers, especially lowriders and referenced an incident that occurred at a complex this past Friday.
Councilmember Alvarez reported on the launch of the rental housing safety program ensuring the safety and well-being of the residents of the City. He is pleased to see Modesto take a proactive approach to rental housing. When he speaks about tenants he is speaking about responsible tenants.
Councilmember Williams reported on attending the Senior Center – Senior Citizen Month event, and stated that it’s an incredible place to go.
CITY MANAGER COMMENTS & REPORTS
City Manager Lopez reported on the following recent appointments:
Jessica Hill, Director of Community Development
Toby Wells, Director of engineering services.
Kevin Wise will serve as the Interim Fire Chief.
- 14 -
9/12/2023 5:30:00 PM
HEARINGS
Published in the Modesto Bee on August 16, 2023 - Item continued to September 26, 2023.
26. Hearing to approve the City of Modesto’s Consolidated Annual Performance Evaluation Report for Program Year 2022-2023. (Funding Source: Community Development Block Grant, Emergency Solutions Grant, Community Development Block Grant - CV, Emergency Solutions Grant – CV, and HOME Investment Partnerships funds)
Motion to continue item to September 26, 2023.
CED; Jessica Hill, 209-577-5321, [email protected]
ACTION: (Wright/Escutia-Braaton; 7/0) Motion to continue item to September 26, 2023.
Recess 6:56 p.m.
Reconvene 7:01 p.m.
NEW BUSINESS
Councilmember Williams absent due to conflict of interest
27. Consider accepting a joint award for the City of Modesto and Visionary Home Builders of California, Inc. for a State of California’s Affordable Housing and Sustainability Grant in the collective amount $33,010,880 and award the City funding commitment in a total amount not to exceed $7,000,000 and 200,000 in activity delivery for the development of Seventh Street Village on the properties located on 7th street between J Street and I Street. (Funding Source: Community Development Block Grant, Permanent Local Housing Allocation, and HOME Investment Partnership) Resolution accepting the award from the joint submission between the City of Modesto and Visionary Home Builders of California, Inc. for a State of California’s Affordable Housing and Sustainability Program in an amount of $33,010,880 for the development of Seventh Street Village on the properties located on 7th Street between J Street and I Street as well as any grant required transportation improvements as outlined in the grant application and authorizing the City Manager or his designee to negotiate and execute an agreement with Visionary Home Builders, Inc. and any other documents related to the execution of award agreements.
Resolution amending the fiscal year 2023-2024 multi-year budget to for the 7th Street Project Fund (101493) with permanent local housing allocation funds (PLHA), community development block grant (CDBG) funds and HOME investment partnership funds (HOME) for the development of the 7th Street affordable housing project totaling $7,000,000 and $200,000 for activity delivery costs and budgeting the necessary transfers and authorizing the City Manager or his designee to take the necessary steps to implement the provisions in this resolution.
- 15 -
9/12/2023 5:30:00 PM
Resolution approving a Community Development Block Grant (CDBG) funded loan in a total amount not to exceed $2,000,000 at 3% simple interest for 55 years to begin accrual after issuance of Certificate of Occupancy, for the acquisition and off-site improvements of Seventh Street Village. Resolution authorizing the City Manager or his designee to negotiate final agreements with Visionary Home Builders, Inc. for a HOME Investment Partnership funded loan in the amount not to exceed $3,509,216, and a Permanent Local Housing Allocation (PLHA) funded loan in the amount not to exceed $1,490,784, with final agreements returning for Council consideration and approval for the development of Seventh Street Village.
CED; Edgar Garcia, 209-577-5211, [email protected] ACTION: (Alvarez/Wright; 6/0; Councilmember Williams absent due to conflict of interest) Resolution 2023-421 accepting the award from the joint submission between the City of Modesto and Visionary Home Builders of California, Inc. for a State of California’s Affordable Housing and Sustainability Program in an amount of $33,010,880 for the development of Seventh Street Village on the properties located on 7th Street between J Street and I Street as well as any grant required transportation improvements as outlined in the grant application and authorizing the City Manager or his designee to negotiate and execute an agreement with Visionary Home Builders, Inc. and any other documents related to the execution of award agreements.
ACTION: (Alvarez/Wright; 6/0; Councilmember Williams absent due to conflict of interest) Resolution 2023-422 amending the fiscal year 2023-2024 multi-year budget to for the 7th Street Project Fund (101493) with permanent local housing allocation funds (PLHA), community development block grant (CDBG) funds and HOME investment partnership funds (HOME) for the development of the 7th Street affordable housing project totaling $7,000,000 and $200,000 for activity delivery costs and budgeting the necessary transfers and authorizing the City Manager or his designee to take the necessary steps to implement the provisions in this resolution.
ACTION: (Alvarez/Wright; 6/0; Councilmember Williams absent due to conflict of interest) Resolution 2023-423 approving a Community Development Block Grant (CDBG) funded loan in a total amount not to exceed $2,000,000 at 3% simple interest for 55 years to begin accrual after issuance of Certificate of Occupancy, for the acquisition and off-site improvements of Seventh Street Village.
ACTION: (Alvarez/Wright; 6/0; Councilmember Williams absent due to conflict of interest) Resolution 2023-424 authorizing the City Manager or his designee to negotiate final agreements with Visionary Home Builders, Inc. for a HOME Investment Partnership funded loan in the amount not to exceed $3,509,216, and a Permanent Local Housing Allocation (PLHA) funded loan in the amount not to exceed $1,490,784, with final agreements returning for Council consideration and approval for the development of Seventh Street Village.
- 16 -
9/12/2023 5:30:00 PM
28. Consider approving the appointment of Colleen Rozillis as City Auditor and a Professional Services Agreement with Moss Adams, LLP, Stockton, CA, to provide auditing services for an annual amount not to exceed $250,000 per year. (Funding Source: General Fund)
Resolution approving the appointment of Colleen Rozillis, as City Auditor, and approving an Agreement for Auditing Services between the City of Modesto and Moss Adams, LLP, Stockton, CA; for an amount not to exceed $250,000 annually and authorizing the Mayor, or her designee, to execute the Agreement.
HUMAN RESOUCES; Christina Alger, 209-571-5126, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2023-425 approving the appointment of Colleen Rozillis, as City Auditor, and approving an Agreement for Auditing Services between the City of Modesto and Moss Adams, LLP, Stockton, CA; for an amount not to exceed $250,000 annually and authorizing the Mayor, or her designee, to execute the Agreement.
MATTERS TOO LATE FOR THE AGENDA
None
ADJOURNMENT
This meeting adjourned at 7:59 pm.
- 17 -
9/12/2023 5:30:00 PM
All 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: Stephanie Lopez v. City of Modesto, et al.
Superior Court of California, County of Stanislaus
Stanislaus County Case No.: CV-21-00925
Attest:____________________________
Diane Nayares-Perez, City Clerk