- 1 -
12/12/2023 5:30:00 PM
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, December 12, 2023 at 5:30 PM
Roll Call Present: Councilmembers Alvarez, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
Absent: Councilmember Bavaro
Pledge of Allegiance to the Flag
Invocation: Jon Apodaca, Good Life Church
City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session: City Attorney Sanchez reported that no reportable action was taken.
PUBLIC COMMENT IN PERSON
Beth Goodridge provided an update on the intersection at Coldwell and Sycamore, expressing gratitude for police presence but highlighting continued issues with traffic.
She requested additional traffic calming measures, especially considering the area's school zone.
Derek Castle shared positive news about the establishment of a seven-nights-a-week winter warming center for unsheltered individuals, thanks to collaboration with the - 2 -
12/12/2023 5:30:00 PM
Gospel Mission and city staff. He emphasized the need for compassionate solutions to homelessness.
Citlalit Alvarez, representing the Parks Youth Committee, addressed concerns about park equity in West Modesto, specifically at James Marshall and Robertson Road parks. She requested improvements and policy changes to ensure these parks receive necessary amenities.
Angelica Aguilar, also from the Parks Youth Committee, reiterated the need for park equity and improvements at James Marshall and Robertson Road parks, emphasizing the importance of these spaces for community well-being.
Scottie made inappropriate and offensive remarks, promoting harmful stereotypes and conspiracy theories. The comments were not included in the summary. Sebastian Jones proposed naming a plaza after Jenny Kenoyer and urged the Council to take action on this matter promptly. He emphasized her contributions to the community. Steve raised concerns about the potential reinstatement of Officer Joseph Lamantia, expressing fear about public safety. He called for proactive measures to prevent harm from officers with problematic records.
Darlene Ruiz, Trevor Seever's mother, pleaded with the council to prevent Joseph Lamantia from getting his job back, citing the threat he poses to the community. Ray Ruiz, Trevor Seever's stepfather, echoed concerns about Lamantia's potential reinstatement and urged the Council to take action.
Brittoni Chavez shared her frustration about the lack of justice for Paul Chavez, who was shot by Samuel Muncy. She criticized the city's response and called for accountability. Theresa Clutter emphasized the need for justice for Paul Chavez and proposed that police officers carry personal liability insurance to ensure accountability. Kevin McClarty raised concerns about the change in traffic lights, specifically left turn arrows being replaced with blinking yellow lights, affecting safety. He also urged the council to reconsider restricting public comments during Zoom meetings. Mani Grewal, Stanislaus County Board of Supervisor thanked the Council for their work and invited them and the public to County Board workshop. He expressed appreciation for the collaboration between the City and the County.
Zafrir Solomon responded to offensive comments made earlier, defending his Jewish identity and inviting the speaker to a debate.
- 3 -
12/12/2023 5:30:00 PM
A gentleman stated that he decries antisemitism in all forms. He expressed concerns about feeling unsafe approaching police officers in Modesto due to mental health conditions. They urged the City to address systemic police brutality and make the community safer for individuals with mental illness.
Jerry Thompson expressed the challenges of the night and addressed the issue of integrity. He commended Councilman Chris Ricci for his efforts to preserve the A&W sign. He also shared a personal connection to World War II through his grandfather and uncles who were Second World War veterans fighting against the Nazis. He sympathized with the Jewish community, stating that hate only worsens the situation and divides people and communities.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS 1-25: (Wright/Escutia-Braaton; 6/0; Bavaro absent)
CONSENT
Consent
1. Consider approving the minutes from the December 5, 2023 Council Meeting. (Funding Source: Not Applicable)
Motion approving the minutes from the December 5, 2023 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Escutia-Braaton; 6/0; Bavaro absent) Motion approving the minutes from the December 5, 2023 Council Meeting.
Consent
2. Consider approving Final Adoption of Ordinance 3776-C.S. amending Section 11-6.05 “Charges for Metered Water Service,” of Chapter 6, “Collection of Public Utilities Charges,” of Title 11, “Public Utilities,” of the Modesto Municipal Code to establish a Water Rate Surcharge for new water connections located outside of the City’s water service area. (Funding Source: Not Applicable)
Motion approving Final Adoption of Ordinance 3776-C.S. amending Section 11-6.05 “Charges for Metered Water Service,” of Chapter 6, “Collection of Public Utilities Charges,” of Title 11, “Public Utilities,” of the Modesto Municipal Code to establish a Water Rate Surcharge for new water connections located outside of the City’s water service area.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Escutia-Braaton; 6/0; Bavaro absent) Motion approving Final Adoption of Ordinance 3776-C.S. amending Section 11-6.05 “Charges for Metered Water Service,” of Chapter 6, “Collection of Public Utilities Charges,” of Title 11, “Public Utilities,” of the Modesto Municipal Code to establish a Water Rate Surcharge for new water connections located outside of the City’s water service area.
Consent
- 4 -
12/12/2023 5:30:00 PM
3. Consider approving a Fourth Amendment to the Legal Services Agreement with Nossaman LLP for a revised total amount not to exceed $2,200,000, adjust rates and extend the term of the agreement for one remaining year and a Sixth Amendment to the Legal Services Agreement with Bartkiewicz, Kronick & Shanahan P.C. for a revised total amount not to exceed $392,300 for continued representation in water related matters. (Funding Source: Streets Capital Facility Fees, Regional Measure L and Water Fund)
Resolution approving a Fourth Amendment to the Legal Services Agreement with Nossaman LLP increasing the Agreement amount by $200,000 from $2,000,000 for a revised total amount not to exceed $2,200,000, adjusting the blended hourly rate from $438 to $452 and extending the term of the agreement to December 31, 2024, to continue to provide Eminent Domain Legal Services for State Route 132 West Freeway/Expressway Phase 1 Project, and authorizing the City Manager, or his designee, to execute the Amendment. Resolution approving a Sixth Amendment to the Legal Services Agreement with Bartkiewicz, Kronick & Shanahan P.C. in the amount of $100,000, for a revised total amount not to exceed $392,300 for continued representation in water related matters and authorizing the City Manager or his designee, to execute the Agreement.
CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected] ACTION: (Wright/Escutia-Braaton; 6/0; Bavaro absent) Resolution 2023-535 approving a Fourth Amendment to the Legal Services Agreement with Nossaman LLP increasing the Agreement amount by $200,000 from $2,000,000 for a revised total amount not to exceed $2,200,000, adjusting the blended hourly rate from $438 to $452 and extending the term of the agreement to December 31, 2024, to continue to provide Eminent Domain Legal Services for State Route 132 West Freeway/Expressway Phase 1 Project, and authorizing the City Manager, or his designee, to execute the Amendment.
ACTION: (Wright/Escutia-Braaton; 6/0; Bavaro absent) Resolution 2023-536 approving a Sixth Amendment to the Legal Services Agreement with Bartkiewicz, Kronick & Shanahan P.C. in the amount of $100,000, for a revised total amount not to exceed $392,300 for continued representation in water related matters and authorizing the City Manager or his designee, to execute the Agreement.
Consent
4. Consider approving Amendments to Community Police Review Board Bylaws (Funding Source: Not Applicable)
Resolution amending the Community Police Review Board Bylaws changing the meeting date from the third Thursday of each month at 5:00 p.m. to the third Wednesday of each month at 5:30 p.m. starting on January 17, 2024.
CITY MANAGER; Allison Van Guilder, 209-577-5228, [email protected] ACTION: (Wright/Escutia-Braaton; 6/0; Bavaro absent) Resolution 2023-537 amending the Community Police Review Board Bylaws changing the meeting date - 5 -
12/12/2023 5:30:00 PM
from the third Thursday of each month at 5:00 p.m. to the third Wednesday of each month at 5:30 p.m. starting on January 17, 2024.
Consent
5. Consider approving a ten-year Lease Agreement with John A. Paoluccio and Dorene J.
Paoluccio to lease approximately 5,325 square feet located at 4701 Quinturn Lane, Modesto (APN 078-013-031) in the amount of $1,681.24 for the 2024 payment with a cost-of-living increase of three percent (3%) each year for ten years, with two five year extension options. (Funding Source: NorthPointe Community Facilities District (CFD 2002-1))
Resolution approving a ten-year Lease Agreement with John A. Paoluccio and Dorene J. Paoluccio to lease approximately 5,325 square feet located at 4701 Quinturn Lane, Modesto (APN 078-013-031) in the amount of $1,681.24 for the 2024 payment with a cost-of-living increase of three percent (3%) each year for ten years, with two five year extension options, and authorizing the City Manager or his designee to execute the Agreement.
CED; Peter Ibrahim, 209-577-5211, [email protected] ACTION: (Wright/Escutia-Braaton; 6/0; Bavaro absent) Resolution 2023-538 approving a ten-year Lease Agreement with John A. Paoluccio and Dorene J. Paoluccio to lease approximately 5,325 square feet located at 4701 Quinturn Lane, Modesto (APN 078-013-031) in the amount of $1,681.24 for the 2024 payment with a cost-ofliving increase of three percent (3%) each year for ten years, with two five year extension options, and authorizing the City Manager or his designee to execute the Agreement.
Consent
6. Consider an Agreement with the Modesto Children’s Museum (MoChiMu) for a twoyear term for discounted employee parking. (Funding Source: Parking Services Enterprise Fund)
Resolution approving an Agreement with the Modesto Children’s Museum for discounted employee parking and authorizing the City Manager or his designee to execute the Agreement.
CED; Trevin Barber, 209-860-1251, [email protected] ACTION: (Wright/Escutia-Braaton; 6/0; Bavaro absent) Resolution 2023-539 approving an Agreement with the Modesto Children’s Museum for discounted employee parking and authorizing the City Manager or his designee to execute the Agreement.
Consent
7. Consider approving an amendment to the Section 4 Policy- “HOME Investment Partnership Program Policy” of the Housing and Urban Development Policies & Procedures Manual. (Funding Source: HOME Investment Partnerships) Resolution approving an amendment to Section 4 Policy- “HOME Investment Partnership Program Policy” of the Housing and Urban Development Policies - 6 -
12/12/2023 5:30:00 PM
& Procedures Manual.
CED; Edgar Garcia, 209-571-5101, [email protected] ACTION: (Wright/Escutia-Braaton; 6/0; Bavaro absent) Resolution 2023-539 approving an amendment to Section 4 Policy- “HOME Investment Partnership Program Policy” of the Housing and Urban Development Policies & Procedures Manual.
Consent
8. Consider approving Administrative Amendments to the Consolidated Plan for Program Year 2015-2020 and Administrative Amendment #1 to City Annual Action Plan for Program Years 2017-2018 and 2023-2024 Annual Action Plan. (Funding Source:
Various HUD Entitlement Funds)
Resolution approving the proposed Administrative Amendment No. 1 to the Consolidated Plan for Program Year 2015-2020 and authorizing the City Manager or his designee, to execute any required documents for submittal to the U.S. Department of Housing and Urban Development.
Resolution approving the proposed Administrative Amendments No. 1 to the City’s Annual Action Plan for Program Years 2017-2018 and 2023-2024 Annual Action Plan and authorizing the City Manager or his designee, to execute any required documents for submittal to the U.S. Department of Housing and Urban Development.
CED; Edgar Garcia, 209-571-5101, [email protected] ACTION: (Wright/Escutia-Braaton; 6/0; Bavaro absent) Resolution 2023-541 approving the proposed Administrative Amendment No. 1 to the Consolidated Plan for Program Year 2015-2020 and authorizing the City Manager or his designee, to execute any required documents for submittal to the U.S. Department of Housing and Urban Development.
ACTION: (Wright/Escutia-Braaton; 6/0; Bavaro absent) Resolution 2023-542 approving the proposed Administrative Amendments No. 1 to the City’s Annual Action Plan for Program Years 2017-2018 and 2023-2024 Annual Action Plan and authorizing the City Manager or his designee, to execute any required documents for submittal to the U.S. Department of Housing and Urban Development.
Consent
9. Consider approving a First Amendment to the Catering and Concessionaire Agreement between the City of Modesto and Modesto Hospitality, LLC, to provide Catering and Concessionaire Services to the Modesto Centre Plaza. (Funding Source: Fund 4700 – Cultural Services Administration)
Resolution approving a First Amendment extending the Catering and Concessionaire Agreement between the City of Modesto and Modesto Hospitality, LLC, by a six-month period ending June 30, 2024 followed by a month-to-month basis to provide Catering and Concessionaire Services to the Modesto Centre Plaza, and authorizing the City Manager, or designee, to - 7 -
12/12/2023 5:30:00 PM
negotiate, and execute the Amendment.
CED; Sean Rando, 209-577-5473, [email protected]
ACTION: (Wright/Escutia-Braaton; 6/0; Bavaro absent) Resolution 2023-543 approving a First Amendment extending the Catering and Concessionaire Agreement between the City of Modesto and Modesto Hospitality, LLC, by a six-month period ending June 30, 2024 followed by a month-to-month basis to provide Catering and Concessionaire Services to the Modesto Centre Plaza, and authorizing the City Manager, or designee, to negotiate, and execute the Amendment.
Consent
10. Consider approving the Fifth Amendment to Agreement regarding John Thurman Field with The Baseball Club of Modesto, LLC, as successor in interest to HWS Baseball IV, LLC, extending the expiration date of the accelerated termination provision from December 31, 2023 to February 29, 2024. (Funding Source: Capital Improvement Project (CIP) 101019/General Fund)
Resolution approving the Fifth Amendment to Agreement regarding John Thurman Field with The Baseball Club of Modesto LLC, as successor in interest to HWS Baseball IV, LLC, extending the expiration date of the accelerated termination provision from December 31, 2023 to February 29, 2024, and authorizing the City Manager, or his designee, to negotiate and execute the Fifth Amendment to the Agreement.
CED; Sean Rando, 209-577-5473, [email protected]
ACTION: (Wright/Escutia-Braaton; 6/0; Bavaro absent) Resolution 2023-544 approving the Fifth Amendment to Agreement regarding John Thurman Field with The Baseball Club of Modesto LLC, as successor in interest to HWS Baseball IV, LLC, extending the expiration date of the accelerated termination provision from December 31, 2023 to February 29, 2024, and authorizing the City Manager, or his designee, to negotiate and execute the Fifth Amendment to the Agreement.
Consent
11. Consider approving a Will Serve Letter and Outside Service Agreement with Maa Shakti Jagran and Raymayna Sanstha Inc., a California Non-Profit Corporation, to connect to the City of Modesto’s existing water system for the property located at 4801 Tully Road (APN: 046-006-009). (Funding Source: Water Fund) Resolution approving a Will Serve Letter and Outside Service Agreement between the City of Modesto and Maa Shakti Jagran and Raymayna Sanstha Inc., a California Non-Profit Corporation, to connect to the City of Modesto’s existing water system for the property located at 4801 Tully Road (APN: 046- 006-009), and authorizing the City Manager, or his designee, to the sign the Will Serve Letter and execute the Outside Service Agreement.
ENGINEERING SERVICES; Toby Wells, 209-571-5542, [email protected] ACTION: (Wright/Escutia-Braaton; 6/0; Bavaro absent) Resolution 2023-545 approving a Will Serve Letter and Outside Service Agreement between the City of - 8 -
12/12/2023 5:30:00 PM
Modesto and Maa Shakti Jagran and Raymayna Sanstha Inc., a California Non-Profit Corporation, to connect to the City of Modesto’s existing water system for the property located at 4801 Tully Road (APN: 046-006-009), and authorizing the City Manager, or his designee, to the sign the Will Serve Letter and execute the Outside Service Agreement.
Consent
12. Consider approving a Will Serve Letter and Outside Service Agreement with Panna Yi and Ravin Yi, husband and wife as joint tenants, to connect to the City of Modesto’s existing sewer system for the property located at 2012 Blue Gum Avenue (APN: 081- 022-007). (Funding Source: Sewer Fund)
Resolution approving a Will Serve Letter and Outside Service Agreement with and Panna Yi and Ravin Yi, husband and wife as joint tenants, to connect to the City of Modesto’s existing sewer system for the property located at 2012 Blue Gum Avenue (APN: 081-022-007), and authorizing the City Manager, or his designee, to sign the Will Serve Letter and execute the Outside Service Agreement.
ENGINEERING SERVICES; Toby Wells, 209-571-5542, [email protected] ACTION: (Wright/Escutia-Braaton; 6/0; Bavaro absent) Resolution 2023-546 approving a Will Serve Letter and Outside Service Agreement with and Panna Yi and Ravin Yi, husband and wife as joint tenants, to connect to the City of Modesto’s existing sewer system for the property located at 2012 Blue Gum Avenue (APN: 081- 022-007), and authorizing the City Manager, or his designee, to sign the Will Serve Letter and execute the Outside Service Agreement.
Consent
13. Consider approving the Plans and Specifications for the State Route 99/Pelandale Interchange Reconstruction Phase II - Pelandale Avenue and Sisk Road, CML 5059(258) project, accepting the bid, and awarding a contract to United Pavement Maintenance, Inc. of Hughson, CA, in the amount of $1,669,217, authorizing the Director of Engineering Services to approve Change Orders up to the cumulative amount of $166,922 (10% of the original contract price), for a total agreement amount not to exceed $1,836,139. (Funding Source: Congestion Mitigation and Air Quality (CMAQ) and Streets Capital Facilities Fees (CFF))
Resolution approving the Plans and Specifications for the State Route 99/Pelandale Interchange Reconstruction Phase II - Pelandale Avenue and Sisk Road, CML 5059(258) project, accepting the bid, and awarding a contract to United Pavement Maintenance, Inc. of Hughson, CA, in the amount of $1,669,217, authorizing the Director of Engineering Services to approve Change Orders up to the cumulative amount of $166,922 (10% of the original contract price), for a total agreement amount not to exceed $1,836,139 and authorizing the City Manager, or his designee, to execute the Agreement.
ENGINEERING SERVICES; Phillip Soares, 209-577-5258, [email protected] ACTION: (Wright/Escutia-Braaton; 6/0; Bavaro absent) Resolution 2023-547 - 9 -
12/12/2023 5:30:00 PM
approving the Plans and Specifications for the State Route 99/Pelandale Interchange Reconstruction Phase II - Pelandale Avenue and Sisk Road, CML 5059(258) project, accepting the bid, and awarding a contract to United Pavement Maintenance, Inc. of Hughson, CA, in the amount of $1,669,217, authorizing the Director of Engineering Services to approve Change Orders up to the cumulative amount of $166,922 (10% of the original contract price), for a total agreement amount not to exceed $1,836,139 and authorizing the City Manager, or his designee, to execute the Agreement.
Consent
14. Consider approving a Second Amendment to increase the Agreement with Badger Meter, Inc. for the purchase of Badger water meters, automated meter readers, and related parts to a total revised amount not to exceed $12,340,760 over five years. (Funding Source: Water Fund)
Resolution approving a Second Amendment to increase the Agreement with Badger Meter, Inc. for the purchase of Badger water meters, automated meter readers, and related parts by $1,612,120 from $1,500,880 per year to a revised annual estimated total of $3,113,000 per year and increasing the total amount by $4,836,360 from $7,504,400 to a new revised total not to exceed $12,340,760 over five years and authorizing the Director of Finance, or her designee, to execute the Amendment.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] ACTION: (Wright/Escutia-Braaton; 6/0; Bavaro absent) Resolution 2023-548 approving a Second Amendment to increase the Agreement with Badger Meter, Inc. for the purchase of Badger water meters, automated meter readers, and related parts by $1,612,120 from $1,500,880 per year to a revised annual estimated total of $3,113,000 per year and increasing the total amount by $4,836,360 from $7,504,400 to a new revised total not to exceed $12,340,760 over five years and authorizing the Director of Finance, or her designee, to execute the Amendment.
Consent
15. Consider accepting the Monthly Investment Report for September 2023. (Funding Source: Various Funds)
Motion accepting the Monthly Investment Report for September 2023.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
ACTION: (Wright/Escutia-Braaton; 6/0; Bavaro absent) Motion accepting the Monthly Investment Report for September 2023.
Consent
16. Consider approving a Memorandum of Understanding (MOU) with the Stanislaus County Fire Warden’s Office (SCFW) for Hazardous Materials Emergency Response, for a three-year term. (Funding Source: General Fund)
Resolution approving a Memorandum of Understanding (MOU) with the Stanislaus County Fire Warden’s Office (SCFW) for Hazardous Materials - 10 -
12/12/2023 5:30:00 PM
Emergency Response for a three-year term and authorizing the City Manager, or his designee, to execute the MOU.
FIRE DEPARTMENT; Kevin Wise, 209-572-9590, [email protected] ACTION: (Wright/Escutia-Braaton; 6/0; Bavaro absent) Resolution 2023-549 approving a Memorandum of Understanding (MOU) with the Stanislaus County Fire Warden’s Office (SCFW) for Hazardous Materials Emergency Response for a threeyear term and authorizing the City Manager, or his designee, to execute the MOU.
Consent
17. Consider approving an Agreement with Zoom Video Communications, Inc., for Professional Deployment Services in the amount of $53,297 and the Purchase of Zoom Room equipment from Think Fast Track for $188,307 for a total amount not to exceed $241,604. (Funding Source: Public Educational and Government (PEG) Fund and Fire Department General Fund)
Resolution approving the Sole Source Agreement with Zoom Video Communications, Inc., for Professional Deployment Services in the amount of $53,297 and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution approving a Purchase Agreement for the Sole Source purchase of Zoom Room equipment from Think Fast Track in the amount of $175,593 plus an 8% contingency of $12,714 for a total amount not to exceed $188,307 and authorizing the Director of Finance, or her designee to issue the Purchase Order.
IT; Kevin Harless, 209-571-5593, [email protected] ACTION: (Wright/Escutia-Braaton; 6/0; Bavaro absent) Resolution 2023-550 approving the Sole Source Agreement with Zoom Video Communications, Inc., for Professional Deployment Services in the amount of $53,297 and authorizing the City Manager, or his designee, to execute the Agreement.
ACTION: (Wright/Escutia-Braaton; 6/0; Bavaro absent) Resolution 2023-551 approving a Purchase Agreement for the Sole Source purchase of Zoom Room equipment from Think Fast Track in the amount of $175,593 plus an 8% contingency of $12,714 for a total amount not to exceed $188,307 and authorizing the Director of Finance, or her designee to issue the Purchase Order.
Consent
18. Consider approving the purchase of Bi-Occular Box (BOB) cameras with Dotworkz Systems, San Diego, CA, for a total amount not to exceed $859,332; and a purchase of cradle points with AT&T FirstNet for a total amount not to exceed $158,376. (Funding Source: American Rescue Plan Act, General Fund, Measure H, Supplemental Law Enforcement Services Fund, and Traffic Safety Fund)
Resolution approving the purchase of Bi-Ocular Box (BOB) cameras with Dotworkz Systems for a total amount not to exceed $859,332, and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order. - 11 -
12/12/2023 5:30:00 PM
Resolution approving the purchase of cradle points with AT&T FirstNet for a total amount not to exceed $158,376, and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.
Resolution amending the Fiscal Year 2023-2024 multi-year non-capital budget to create a new project and establish applicable revenue, expense and transfer budgets for the parking garage camera project to be funded with Measure H funds in the amount of $529,338 and authorizing the City Manager, or his designee, to take the necessary steps to implement the provisions of this resolution.
POLICE DEPARTMENT; Brandon Gillespie, 209-572-9501,
[email protected]
ACTION: (Wright/Escutia-Braaton; 6/0; Bavaro absent) Resolution 2023-552 approving the purchase of Bi-Ocular Box (BOB) cameras with Dotworkz Systems for a total amount not to exceed $859,332, and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.
ACTION: (Wright/Escutia-Braaton; 6/0; Bavaro absent) Resolution 2023-553 approving the purchase of cradle points with AT&T FirstNet for a total amount not to exceed $158,376, and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.
ACTION: (Wright/Escutia-Braaton; 6/0; Bavaro absent) Resolution 2023-554 amending the Fiscal Year 2023-2024 multi-year non-capital budget to create a new project and establish applicable revenue, expense and transfer budgets for the parking garage camera project to be funded with Measure H funds in the amount of $529,338 and authorizing the City Manager, or his designee, to take the necessary steps to implement the provisions of this resolution.
Consent
19. Consider approving a Purchasing Agreement with Axon Enterprise, Inc., Scottsdale, AZ, for body worn cameras, tasers and related equipment and software for a total amount not to exceed $6,125,690 over five years. (Funding Source: General Fund, Supplemental Law Enforcement Services Fund (SLESF) and Traffic Safety Fund) Resolution approving a Purchasing Agreement with Axon Enterprise, Inc., Scottsdale, AZ, by utilizing the Competitive Bid Process with Omnia, University of Nebraska, NE, for body worn cameras, tasers and related equipment and software, for a five year agreement for a total amount not to exceed $6,125,690; and authorizing the City Manager, or his designee, to execute the Agreement.
POLICE DEPARTMENT; Brandon Gillespie, 209-572-9501,
[email protected]
ACTION: (Wright/Escutia-Braaton; 6/0; Bavaro absent) Resolution 2023-555 approving a Purchasing Agreement with Axon Enterprise, Inc., Scottsdale, AZ, by utilizing the Competitive Bid Process with Omnia, University of Nebraska, NE, for - 12 -
12/12/2023 5:30:00 PM
body worn cameras, tasers and related equipment and software, for a five year agreement for a total amount not to exceed $6,125,690; and authorizing the City Manager, or his designee, to execute the Agreement.
Consent
20. Consider approving an Agreement with Officer Nicholas Largent for the purchase of Retired City of Modesto Police Canine, Hank in the amount of $1. (Funding Source:
General Fund)
Resolution approving the Agreement with Officer Nicholas Largent for the purchase of Retired City of Modesto Police Canine Hank for the amount of $1, and authorizing the City Manager, or his designee, to execute the Agreement.
POLICE DEPARTMENT; Brian Kleiber, 209-572-9500, [email protected] ACTION: (Wright/Escutia-Braaton; 6/0; Bavaro absent) Resolution 2023-556 approving the Agreement with Officer Nicholas Largent for the purchase of Retired City of Modesto Police Canine Hank for the amount of $1, and authorizing the City Manager, or his designee, to execute the Agreement.
Consent
21. Consider accepting the Department of Health and Human Services Substance Abuse and Mental Health Services Administration Grant in the amount of $970,370 in Grants Funds with no match requirement. (Funding Source: Grant Funds) Resolution accepting the Department of Health and Human Services Substance Abuse and Mental Health Services Administration Grant in the amount of $970,370 in Grant Funds with no match requirement, and authorizing the City Manager, or his designee, to execute and submit all documents which may be necessary for the completion of the grant acceptance.
Resolution amending the Fiscal Year 2023-2024 annual Operating and MultiYear Non-Capital Project Budget to appropriate revenue and expenses in the total amount of $970,370 related to the Department of Health and Human Services Substance Abuse and Mental Health Services Administration Grant, and authorizing the City Manager, or his designee, to take the necessary steps to implement the required budget adjustment.
POLICE DEPARTMENT; Jessica Smart, 209-572-9500, [email protected] ACTION: (Wright/Escutia-Braaton; 6/0; Bavaro absent) Resolution 2023-557 accepting the Department of Health and Human Services Substance Abuse and Mental Health Services Administration Grant in the amount of $970,370 in Grant Funds with no match requirement, and authorizing the City Manager, or his designee, to execute and submit all documents which may be necessary for the completion of the grant acceptance.
ACTION: (Wright/Escutia-Braaton; 6/0; Bavaro absent) Resolution 2023-558 amending the Fiscal Year 2023-2024 annual Operating and Multi-Year Non-Capital Project Budget to appropriate revenue and expenses in the total amount of $970,370 related to the Department of Health and Human Services Substance Abuse and Mental - 13 -
12/12/2023 5:30:00 PM
Health Services Administration Grant, and authorizing the City Manager, or his designee, to take the necessary steps to implement the required budget adjustment.
Consent
22. Consider approving the Second Amendment to the Agreement with Mansfield, Lierly and Associates for Polygraph Examination Services for a new total amount of $231,485 over three years and extending the term of the Agreement to July 12, 2024. (Funding Source: General Fund)
Resolution approving the Second Amendment to the Agreement with Mansfield, Lierly and Associates for Polygraph Examination Services for a new total amount not to exceed $231,485 over three years and extending the term of the Agreement to July 12, 2024; and authorizing the City Manager, or his designee, to execute the Amendment.
POLICE DEPARTMENT; Jessica Smart, 209-572-9500, [email protected] ACTION: (Wright/Escutia-Braaton; 6/0; Bavaro absent) Resolution 2023-559 approving the Second Amendment to the Agreement with Mansfield, Lierly and Associates for Polygraph Examination Services for a new total amount not to exceed $231,485 over three years and extending the term of the Agreement to July 12, 2024; and authorizing the City Manager, or his designee, to execute the Amendment.
Consent
23. Consider approving a Purchase Order with Vigilant Solutions, LLC, Dallas, TX, for the update and expansion of the Modesto Police Department’s Automated License Plate Reader Program, for an amount not to exceed $2,939,812; approving a Purchase Order with Special Services Group (SSG), Marina, CA, for the purchase of equipment, software, installation, and warranty for cameras and trackers for an amount not to exceed $122,366; approving a Purchase Order with Dotworkz, San Diego, CA, for the purchase of equipment, software, and warranty for quad/PTZ camera systems, for an amount not to exceed $357,528; and approving a Purchase Order with Vorp Energy, Rexburg, ID, for the purchase of equipment, software, and warranty for camera trailers, for an amount not to exceed $218,883. (Funding Source: Police Grants) Resolution approving a Purchase Order with Vigilant Solutions, LLC, Dallas, TX, for the update and expansion of the Modesto Police Department’s Automated License Plate Reader Program, for an amount not to exceed $2,939,812; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.
Resolution approving a Purchase Order with Special Services Group (SSG), Marina, CA, for the purchase of equipment, software, installation, and warranty for cameras and trackers for an amount not to exceed $122,366; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order. Resolution approving a Purchase Order with Dotworkz, San Diego, CA, for the purchase of equipment, software, and warranty for quad/PTZ camera systems, for an amount not to exceed $357,528; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.
- 14 -
12/12/2023 5:30:00 PM
Resolution approving a Purchase Order with Vorp Energy, Rexburg, ID, for the purchase of equipment, software, and warranty for camera trailers, for an amount not to exceed $218,883; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.
POLICE DEPARTMENT; Bob Meredith, 209-572-9500, [email protected] ACTION: (Wright/Escutia-Braaton; 6/0; Bavaro absent) Resolution 2023-560 approving a Purchase Order with Vigilant Solutions, LLC, Dallas, TX, for the update and expansion of the Modesto Police Department’s Automated License Plate Reader Program, for an amount not to exceed $2,939,812; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.
ACTION: (Wright/Escutia-Braaton; 6/0; Bavaro absent) Resolution 2023-561 approving a Purchase Order with Special Services Group (SSG), Marina, CA, for the purchase of equipment, software, installation, and warranty for cameras and trackers for an amount not to exceed $122,366; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.
ACTION: (Wright/Escutia-Braaton; 6/0; Bavaro absent) Resolution 2023-562 approving a Purchase Order with Dotworkz, San Diego, CA, for the purchase of equipment, software, and warranty for quad/PTZ camera systems, for an amount not to exceed $357,528; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.
ACTION: (Wright/Escutia-Braaton; 6/0; Bavaro absent) Resolution 2023-563 approving a Purchase Order with Vorp Energy, Rexburg, ID, for the purchase of equipment, software, and warranty for camera trailers, for an amount not to exceed $218,883; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.
Consent
24. Consider an Engineering Services Agreement with Black Water Consulting Engineers, of Modesto, CA, for the Paradise-Grimes-Ohio Area Strengthen and Replace Water Mains Project, in an amount not to exceed $489,500. (Funding Source: Water Fund) Resolution approving an Engineering Services Agreement with Black Water Consulting Engineers, of Modesto, CA, for the Paradise-Grimes-Ohio Area Strengthen and Replace Water Mains Project in the amount of $445,000, plus $44,500 in additional services, if needed, for a total amount not to exceed $489,500 and authorizing the City Manager, or his designee, to execute the Agreement.
UTILITIES; Edgar Vargas, 209-577-5424, [email protected] ACTION: (Wright/Escutia-Braaton; 6/0; Bavaro absent) Resolution 2023-564 approving an Engineering Services Agreement with Black Water Consulting Engineers, of Modesto, CA, for the Paradise-Grimes-Ohio Area Strengthen and Replace Water Mains Project in the amount of $445,000, plus $44,500 in additional - 15 -
12/12/2023 5:30:00 PM
services, if needed, for a total amount not to exceed $489,500 and authorizing the City Manager, or his designee, to execute the Agreement.
Consent
25. Consider approving a Grant of Easement Rights to the Sacramento and San Joaquin Drainage District, and a Land Grant to Reclamation District 2091. (Funding Source:
Not Applicable)
Resolution approving a Grant of Easement Rights to the Sacramento and San Joaquin Drainage District and authorizing the City Manager to execute the necessary documents.
Resolution approving a Land Grant to Reclamation District 2091 and authorizing the City Manager to execute the necessary documents.
UTILITIES; Jeff Daniels, 209-577-6255, [email protected] ACTION: (Wright/Escutia-Braaton; 6/0; Bavaro absent) Resolution 2023-565 approving a Grant of Easement Rights to the Sacramento and San Joaquin Drainage District and authorizing the City Manager to execute the necessary documents.
ACTION: (Wright/Escutia-Braaton; 6/0; Bavaro absent) Resolution 2023-566 approving a Land Grant to Reclamation District 2091 and authorizing the City Manager to execute the necessary documents.
COUNCIL COMMENTS & REPORTS
Councilmember Wright reported the Board of Supervisors' approval of a conditional permit for Adult Teen Challenge in Ceres, California. This Christian organization aims to build workforce houses in Modesto, collaborating with local entities to address homelessness and provide rehabilitation for men facing life challenges.
Recess at 6:27 pm.
Reconvened 6:33 p.m.
Vice Mayor Chris Ricci expressed disappointment over the loss of the historic A&W Rootbeer location in downtown Modesto. Despite efforts to protect it through the Landmark Preservation Committee, challenges persisted. Ricci also highlighted the City's positive initiatives in addressing homelessness, acknowledging the hard work of the Downtown Streets Team and City staff.
Councilmember Williams announced a free Christmas breakfast at Sunrise Fellowship building and a charitable basketball giveaway by his son and daughter. He emphasized the importance of community support, especially during the holiday season, and extended holiday wishes to fellow councilmembers and City staff.
Councilmember Escutia-Braaton reflected on the City's achievements in 2023, including Measure H, Seventh Street Housing, and the formation of the Community Police Review Board. - 16 -
12/12/2023 5:30:00 PM
She commended City staff, police, and firefighters for their dedicated work in making Modesto a great place to live.
Councilmember Alvarez praised South Modesto Business United's annual holiday giveaway and commended the Modesto All Children Thrive Project for contributing to community parks. He condemned hate speech, highlighting Modesto's welcoming and diverse community.
Councilmember Williams also expressed condolences for the passing of a City employee and wished everyone a Merry Christmas.
CITY MANAGER COMMENTS & REPORTS
City Manager Lopez expressed gratitude to the Mayor, City Council, and City staff for their dedication, reflecting on positive accomplishments in 2023 and looking forward to 2024.
HEARINGS
Published in the Modesto Bee on November 27, 2023 and December 4, 2023.
26. Hearing to consider approving the abandonment of a 0.548-acre portion of E. Glenn Avenue, located east of Reliance Street and west of the Union-Pacific Railroad. (Funding Source: Developer Application Fees)
Resolution approving the abandonment of a 0.548-acre portion of E. Glenn Avenue, located east of Reliance Street and west of the Union-Pacific Railroad.
CED; Michael Hren, 209-577-5273, [email protected]
ACTION: (Wright/Ricci; 6/0; Bavaro absent) Resolution 2023-567 approving the abandonment of a 0.548-acre portion of E. Glenn Avenue, located east of Reliance Street and west of the Union-Pacific Railroad.
MATTERS TOO LATE FOR THE AGENDA
None
ADJOURNMENT
This meeting adjourned at 6:49 pm
- 17 -
12/12/2023 5:30:00 PM
All Closed Session Matters heard prior to the meeting.
CLOSED SESSION
CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – Unrepresented Employee Negotiator: Christina Alger
Unrepresented Employee: City Clerk
Attest:____________________________
Diane Nayares-Perez, City Clerk