- 1 -
1/23/2024 5:30:00 PM
MODESTO CITY COUNCIL
www.modestogov.com
AGENDA
City of Modesto
CITY COUNCIL MEETING
Chambers, Basement Level
Tenth Street Place, 1010 10th Street
Modesto, California
Tuesday, January 23, 2024 at 5:30 PM
Roll Call - Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
* Public Comment will only be in-person. Members of the public who wish to address the Council, by providing public comment, during the meeting must do so in-person in the Council Chambers.
As an alternative, members of the public may also provide written public comment submitted via email as indicated in the Submitting Comments by Email instructions on this agenda. Zoom will still be available for viewing and Wordly translation.
*Members of the public will be allowed to provide public comment through Zoom if a Councilmember is participating remotely pursuant to the provisions of Assembly Bill 2449. *Effective March 1, 2023, if a technical issue arises with Zoom or the phone dial-in option, the Council meeting will continue unless the meeting is being held pursuant to the provisions of Assembly Bill 2449. Alternative viewing options are listed below, and the meeting is physically open to the public.
“Wordly” can translate into 25+ different languages! To access written translation during the meeting, please scan the QR Code or click this link https://attend.wordly.ai/join/RJDY-6364.
"Wordly" puede traducir a más de 25 idiomas diferentes! Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace https://attend.wordly.ai/join/RJDY-6364.
- 2 -
1/23/2024 5:30:00 PM
You may observe a livestream of the meeting at http://media.modestogov.com. You may also view or listen to the meeting as indicated below.
THE MEETING CAN BE VIEWED BY ZOOM VIDEO
CONFERENCING OR TELEPHONE
Joining the City Council meeting via Zoom
The City of Modesto is now offering the ability to view Council meetings via telephonic conferencing via “Zoom” video conferencing computer technology. The meeting may be accessed through the use of Zoom using the following options:
Enter the following link into an Internet Browser
https://us02web.zoom.us/j/86945970570,
Enter the following link into an Internet Browser https://zoom.us/ and using the Webinar ID 869 4597 0570
Passcode 84326
To use Zoom, please visit: https://zoom.us/ and either sign-up for a free Zoom account or continue as a guest. Once you have downloaded the app onto your mobile device, joined from your web browser, or downloaded the Zoom software on your computer you will be ready for the upcoming Council meeting.
Joining the City Council meeting via Telephone
If you don’t have a smart phone or computer to access the meeting via Zoom, you can listen by phone, by calling 1-877-853-5257 (Toll Free) or 1-888-475-4499 (Toll Free) and enter the Webinar ID 869 4597 0570 Passcode 84326
SUBMITTING COMMENTS BY E-MAIL
Written comments may be submitted via email to: [email protected] (include Agenda Item Number in the subject line). All comments will be shared with the Councilmembers and placed in the record but will not be read aloud during the meeting. Written comments must be received two hours before the meeting.
This Agenda is on file in the City Clerk’s Office, Sixth Floor, 10th Street Place, Posting Board at entry of 10th Street Place, and is available on the City’s Web site at www.modestogov.com.
Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the Clerk’s office during normal business hours. Such documents are also available online, subject to staff’s ability to post the documents before the meeting, at the following website https://www.modestogov.com/council-meetings In accordance with the requirements of Title II of the Americans with Disabilities Act (“ADA”) of 1990, the Fair Employment & Housing Act (“FEHA”), the Rehabilitation Act of 1973 (as amended), Government Code section 11135 and other applicable codes, the City of Modesto (“City”) will not discriminate against individuals on the basis of disability in the City’s services, programs, or activities. For more information, please visit the City of Modesto website at https://www.modestogov.com/865/Americans-with-Disabilities-Act-ADA - 3 -
1/23/2024 5:30:00 PM
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (209) 577-5396. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
Pledge of Allegiance to the Flag
Invocation: John Torres, City Ministry Network
City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Proclamation declaring February as National Black History Month. (Funding Source:
Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]
2. Proclamation declaring February as National Cancer Prevention Month. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]
MISCELLANEOUS
Legislation, Appointments, Other
3. Consider approving the appointment of Rajmeet Grewal to the Planning Commission for a four-year term with a term expiration of December 31, 2027. (Funding Source:
Not Applicable)
Staff Recommendation:
Resolution approving the appointment of Rajmeet Grewal to the Planning Commission for a four-year term with a term expiration of December 31, 2027.
CED; Jessica Hill, 209-577-5267, [email protected]
4. Consider recommending the reappointment of Roger Shanks, to the Planning Commission for a four-year term with a term expiration of December 31, 2027. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution approving the reappointment of Roger Shanks to the Planning Commission for a second four-year term with a term expiration of December 31, 2027.
CED; Jessica Hill, 209-577-5267, [email protected]
- 4 -
1/23/2024 5:30:00 PM
PUBLIC COMMENT IN PERSON
Three-minute time limit per speaker.
Only interested persons in the audience may present these matters. Under State law, Councilmembers may respond to matters being presented under this item only as follows:
a. Briefly respond to statements made or questions raised. b. Ask a question for clarification.
c. Provide a reference to staff or other resources for factual information. d. Request staff to report back at a subsequent meeting. e. Finally, a Councilmember or the Council itself may take action to direct staff to place a matter of business on a future agenda.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
Information concerning the consent items listed below has been forwarded to each Councilmember prior to this meeting for study. Unless some member of the audience or Councilmember has a question concerning an item and asks that it be withdrawn from the consent list, the Council approves the items at one time. The action taken by the Council in approving consent items is set forth in the explanation of this individual item.
CONSENT
An item may be removed from consent and discussed at the request of an audience member or Councilmember.
Consent
5. Consider approving the minutes for the January 9, 2024 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving the minutes for the January 9, 2024 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
6. Consider approving a First Amendment to the Legal Services Agreement with Swingle, Van Egmond & Heitlinger for a revised total amount not to exceed $550,000 for representation in tort cases. (Funding Source: General Liability Insurance Fund) Staff Recommendation:
Resolution approving a First Amendment to the Legal Services Agreement with Swingle, Van Egmond & Heitlinger increasing the Agreement amount by $300,000 from $250,000 for a revised total amount not to exceed $550,000 to continue representing the City of Modesto in tort cases, and authorizing the City Manager or his designee, to execute the Amendment.
CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected] Consent
7. Consider approving the Encampment Resolution Funding Program Application to further our homeless initiatives. (Funding Source: Encampment Resolution Funding) Staff Recommendation:
- 5 -
1/23/2024 5:30:00 PM
Resolution approving the Encampment Resolution Funding Program Application, and authorizing the City Manager, or his designee, to submit the Encampment Resolution Funding (ERF) Application in an amount not to exceed $5,845,514, and applicable documentation, as required by California Interagency Council on Homelessness (Cal-ICH), and authorizing the City Manager or his designee to execute the grant agreement, and to take the necessary steps to implement the provisions of this Resolution.
CED; Edgar Garcia, 209-577-5211, [email protected] Consent
8. Consider approving the competitive bidding process from the State of California for Bridge Housing vendors for a total combined amount not to exceed $2,000,000. (Funding Source: Measure H Funds)
Staff Recommendation:
Resolution approving the Competitive Bidding Process from Department of General Services, Procurement Division of The State of California with to PIH Services Inc., Pallet PBC, dba Pallet, Inc, BOSS Homes, LLC, Factory OS, KEB Homes, LLC and AMEG Enterprises, LLC for emergency sleeping cabins, storage and parts and accessories for Bridge Housing for a total combined amount not to exceed $2,000,000; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Orders based on contractor’s availability and department’s needs.
CED; Edgar Garcia, 209-577-5211, [email protected] Consent
9. Consider accepting the New Traffic Signal Installation Oakdale Road at Claratina Avenue Project as complete, releasing securities, releasing payments totaling $478,581 to Tim Paxin’s Pacific Excavation, Inc., dba Pacific Excavation of Elk Grove, CA., and authorizing the City Clerk to file a Notice of Completion. (Funding Source: Highway Safety Improvement Program, Surface Transportation Block Grant, and Measure L) Staff Recommendation:
Resolution accepting the New Traffic Signal Installation Oakdale Road at Claratina Avenue Project as complete, releasing securities, releasing payments totaling $478,581 to Tim Paxin’s Pacific Excavation, Inc., dba Pacific Excavation of Elk Grove, CA., and authorizing the City Clerk to file a Notice of Completion.
ENGINEERING SERVICES; Peter Kambel, 209-577-5444, [email protected] Consent
10. Consider accepting the Ralston Tower Park Project as complete, releasing securities, releasing payments totaling $952,204 to Taylor Backhoe Service, Inc., dba TBS Contractors of Merced, CA., and authorizing the City Clerk to file a Notice of Completion. (Funding Source: Community Development Block Grant Funds and Land and Water Conservation Fund Grant Funds)
Staff Recommendation:
Resolution accepting the Ralston Tower Park Project as complete, releasing - 6 -
1/23/2024 5:30:00 PM
securities, releasing payments totaling $952,204 to Taylor Backhoe Service, Inc. dba TBS Contractors of Merced, CA., and authorizing the City Clerk to file a Notice of Completion.
ENGINEERING SERVICES; Peter Kambel, 209-577-5444, [email protected] Consent
11. Consider accepting an informational report for the November 2023 Accounts Payable Payment Register and Void report. (Funding Source: Not Applicable) Staff Recommendation:
Motion accepting an informational report for the November 2023 Accounts Payable Payment Register and Void report.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
Consent
12. Consider accepting the Monthly Investment Report for November 2023. (Funding Source: Various Funds)
Staff Recommendation:
Motion accepting the Monthly Investment Report for November 2023.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
Consent
13. Consider approving the Second Amendment for furnishing of Fuel Card-Lock services with Stan Boyett & Son, Inc. dba Boyett Petroleum, Modesto, CA to increase the Agreement to a revised total amount not to exceed $14,400,000 over five years. (Funding Source: Fleet Fund, Outside Fire Contracts, and Stanislaus Regional Transit Authority)
Staff Recommendation:
Resolution approving a Second Amendment to the Agreement with Stan Boyett & Son, Inc. dba Boyett Petroleum, Modesto, CA for Fuel Card-Lock services by $2,700,000 from $1,800,000 to a revised annual estimated amount of $4,500,000 for Year 4 and Year 5 and a revised total amount not to exceed $14,400,000 over five years; revising the term of the Agreement from March 9, 2027 to March 9, 2025; and authorizing the City Manager, or his designee, to execute the Amendment.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] Consent
14. Consider approving an Agreement with Tyler Technologies, Inc., Plano, TX, for Professional Services and Software Subscription for a total amount not to exceed $269,325. (Funding Source: Information Technology Fund) Staff Recommendation:
Resolution approving the Agreement with Tyler Technologies, Plano, TX by utilizing the Competitive Bid Process with Sourcewell through the State of Minnesota, for Professional Services and Software Subscription for a term of - 7 -
1/23/2024 5:30:00 PM
three (3) years, in the amount of $256,500 plus a 5% contingency of $12,825 for a total amount not to exceed $269,325; and authorizing the City Manager, or his designee to execute the Agreement.
IT; James Dotson, 209-571-5508, [email protected] Consent
15. Consider the purchase of Oracle Application Upgrades and Professional Migration Services to move the City’s On-Premises E-Business Suite to Oracle Cloud using Mythics, Inc. of Virginia Beach, VA for a combined total amount not to exceed $1,219,859 over five years. (Funding Source: Information Technology Fund) Staff Recommendation:
Resolution approving the Competitive Bidding Process from Omnia Partners Cooperative Purchasing Organization, Maricopa County, AZ, with Mythics, Inc. of Virginia Beach, VA for Oracle Application Upgrades and Professional Migration Services, for a total amount not to exceed $406,629; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order. Resolution approving the Competitive Bidding Process from the Omnia Partners Cooperative Purchasing Organization, Maricopa County, AZ, with Mythics, Inc. of Virginia Beach, VA for Purchase of Oracle Cloud Subscription Licenses, for a total amount not to exceed $813,230 over five years; and authorizing the Purchasing Manager, or her designee to issue the Purchase Order.
IT; James Dotson, 209-571-5508, [email protected] Consent
16. Consider approving an Agreement with Peregrine Technologies, Inc., San Francisco, CA, for an Analytics and Data Integration Platform for a total amount not to exceed $553,500 over three years. (Funding Source: Traffic Safety Fund and State Supplemental Law Enforcement Services Fund)
Staff Recommendation:
Resolution approving an Agreement with Peregrine Technologies, Inc., San Francisco, CA, by utilizing the Competitive Bid process with City of Fremont, CA for an Analytics and Data Integration Platform for a three year agreement for a total amount not to exceed $553,500, and authorizing the City Manager or his designee, to execute the Agreement.
POLICE DEPARTMENT; Chris Adams, 209-572-9500, [email protected] Consent
17. Consider approving the purchase of a restroom building for the Tuolumne River Regional Park (TRRP), Picnic Area B from Public Restroom Company, of Minden, NV, for a total amount not to exceed $328,676. (Funding Source: American Rescue Plan Act, TRRP CIP Fund)
Staff Recommendation:
Resolution approving the Competitive Bidding Process from Sourcewell with Public Restroom Company, of Minden, NV, for the Purchase, Delivery, and Installation of a Restroom Building for the Tuolumne River Regional Park, - 8 -
1/23/2024 5:30:00 PM
Picnic Area B, for a total amount of $298,796, plus $29,880 of contingency, if needed, for a total amount not to exceed $328,676, and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.
PRN; Nathan Houx, 209-571-5526, [email protected]
Consent
18. Consider approving the Plans and Specifications for the Regional Water Recycling Facility - Jennings Campus Corrosion Control Measures Project accepting the Bid and Awarding a Construction Contract to TCB Industrial, Inc., of Modesto, CA, in the amount of $3,870,047, authorizing 15% for contingency (if needed), for a total payment amount not to exceed $4,450,554. (Funding Source: Wastewater Fund) Staff Recommendation:
Resolution approving the Plans and Specifications for the Regional Water Recycling Facility - Jennings Campus Corrosion Control Measures Project; accepting the Bid and Awarding a Construction Contract to TCB Industrial, Inc., of Modesto, CA, in the amount of $3,870,047, authorizing the Director of Engineering Services to approve Change Orders up to the cumulative amount of $580,507, 15% of the original contract price, for a total payment amount not to exceed $4,450,554 and authorizing the City Manager, or his designee, to execute the contract.
Resolution amending the Fiscal Year 2023-24 Capital Improvement Program Budget in the amount of $2,632,510 to fund the Construction Phase of the Regional Water Recycling Facility - Jennings Campus Corrosion Control Measures Project and authorizing the City Manager, or his designee, to implement the provisions of the resolution.
UTILITIES; Cristian Ciotau, 209-571-5175, [email protected] Consent
19. Consider the First Amendments to the On-Call Engineering Consultant Agreements with Brown & Caldwell, Carollo Engineers, and Hazen and Sawyer, and the Second Amendments to the On-Call Engineering Consultant Agreements with Black Water Consulting Engineers, Inc., West Yost Associates, and Woodard & Curran, to remove the annual “not to exceed” language. (Funding Source: Sewer Fund, Storm Drain Fund)
Staff Recommendation:
Resolution approving the First Amendments to the On-Call Engineering Consultant Agreements with Brown & Caldwell, Carollo Engineers, and Hazen and Sawyer, and the Second Amendments to the On-Call Engineering Consultant Agreements with Black Water Consulting Engineers, Inc., West Yost Associates, and Woodard & Curran, to remove the annual “not to exceed” language, and authorizing the City Manager, or his designee, to execute the Amendment.
UTILITIES; Jeff Daniels, 209-577-6255, [email protected]
COUNCIL COMMENTS & REPORTS
CITY MANAGER COMMENTS & REPORTS
- 9 -
1/23/2024 5:30:00 PM
HEARINGS
Published in the Modesto Bee on January 3, 2024
20. Hearing to consider proposed amendments to the General Plan and the Specific Plan Amendment No. 26 to the Village One Specific Plan to rezone 84.1 acres from Business Park to single-family residential. (Funding Source: Developer Funded) Staff Recommendation:
Resolution approving an Amendment to the Modesto Urban Area General Plan (DR Horton Bay, Inc.).
Resolution approving Specific Plan Amendment No. 26 to the Village One Specific Plan, to amend the Land Use Diagram from Business Park (BP) to Village Residential (VR), 140 acres east of Claus Road and north of East Briggsmore Avenue, with associated amendments to the Circulation Diagram and text (DR Horton Bay, Inc.).
Motion introducing and waiving the first reading of an Ordinance adopting a Precise Plan for Village One Precise Plan Area No. 35 South, with amendment of Section 18-3-10 of the Zoning Map to rezone from Specific Plan-Holding (SP-H) Zone to Specific Plan (SP) Zone, property located east of Claus Road, south of Milnes Road and North of East Briggsmore Avenue. (DR Horton Bay, Inc.).
Resolution approving the Vesting Tentative Subdivision Map of “The Crossings” (DR Horton Bay, Inc.).
Resolution adopting a Final Development Plan for “The Crossings”, in the Village One Specific Plan, for 527 single-family residential lots, five landscape lots, and one park lot on property located east of Claus Road and north of East Briggsmore Avenue (DR Horton Bay, Inc.).
Resolution adopting a Mitigated Negative Declaration for a General Plan Amendment, the Village One Specific Plan Amendment No. 26, Village One Precise Plan No. 35 South, Vesting Tentative Subdivision Map “The Crossings”, and Final Development Plan “The Crossings.” (DR Horton Bay, Inc.).
CED; Katharine Martin, 209-577-5267, [email protected]
NEW BUSINESS
21. Consider accepting the Homekey 3 award in the amount of $ 16,059,562 and HOME Investment Partnerships loans to Modesto Homekey LP in the amount of $3,473,712, and $200,000 for staff activity, and approving an Agreement with Stanislaus County Community Services Agency (CSA) for the acceptance of Homeless Housing Assistance and Prevention Program (HHAP) funding in the amount of $1,775,077 for the project located at 710 N. 9th Street. (Funding Source: Homekey 3 funds, American Rescue Plan HOME Investment Partnership (HOME-ARP) funds, HOME Investment Partnership funds, and Homeless Housing Assistance and Prevention Program Funds) Staff Recommendation:
Resolution accepting the Homekey 3 award in the amount of $16,059,562 and approving the Homekey Regulatory Agreement authorizing the City Manager - 10 -
1/23/2024 5:30:00 PM
or his designee to negotiate and execute an Agreement with Modesto Homekey LP and the State of California for the development at 710 N. 9th Street. Resolution approving a HOME American Rescue Plan Act loan to Modesto Homekey LP in an amount not to exceed $2,800,000, $98,308 in staff activity delivery, and authorizing the City Manager or his designee to negotiate and execute an Agreement with Modesto Homekey LP for the development at 710 N. 9th Street.
Resolution approving a HOME Investment Partnership Program loan to Modesto Homekey LP in an amount not to exceed $673,712, $102,000 in staff activity delivery, and authorizing the City Manager or his designee to negotiate and execute an Agreement with Modesto Homekey LP for the development at 710 N. 9th Street.
Resolution approving an Agreement with Stanislaus County Community Services Agency (CSA) for the acceptance of Homeless Housing Assistance and Prevention Program (HHAP) funding in the amount of $1,775,077 and to issue a grant in an amount not to exceed $1,755,077 to Modesto Homekey LP and authorizing the City Manager or his designee to negotiate and execute an Agreement with Modesto Homekey LP for the development at 710 N. 9th Street.
Resolution rescinding Resolution 2023-213 and amending the fiscal year 2023- 2024 multi-year fund budget for the Traveler’s project fund (101542) to be funded with Homekey 3.0 program funds, HOME American Rescue Plan Funds (HOME ARP) funds, HOME Investment Partnerships funds (HOME), and Homeless Housing Assistance and Prevention Program (HHAP) funds for the development of the 710 N. 9th Street affordable housing project totaling $21,308,351 and $200,000 for activity delivery costs and budgeting the necessary revenue, expense transfers and authorizing the City Manager or his designee to take the necessary steps to implement the provisions in this Resolution.
CED; Edgar Garcia, 209-577-5211, [email protected]
MATTERS TOO LATE FOR THE AGENDA
These may be presented by members of the City Council and staff upon determination by a majority vote that an emergency exists, as defined by State law, or by a 2/3 vote that (1) there is a need to take immediate action, and (2) that the need for action came to the City’s attention after the agenda was posted.
ADJOURNMENT
- 11 -
1/23/2024 5:30:00 PM
CLOSED SESSION
Please take notice that a special Closed Session meeting of the Council of the City of Modesto has been called pursuant to Section 2-1.02 of the Modesto Municipal Code to be convened on TUESDAY, JANUARY 23, 2024 AT 4:00 PM
and after the regularly scheduled meeting in the Tenth Street Place, Chambers Conference Room, Basement Level, 1010 Tenth Street, Modesto, California. Any and all of the following agenda items are subject to action being taken by the Modesto City Council.
The business to be considered at said City Council meeting shall consist of a Closed Session concerning the following:
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: City of Modesto, et al. v. The Dow Chemical Company, et al. (PCE) Superior Court of the State of California
Case No: CGC-98-999345 and CGC-98-999643
CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCEA Negotiator: Christina Alger
Employee Organization: Modesto City Employees Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCMA Negotiator: Christina Alger
Employee Organization: Modesto Confidential & Management Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MPOA Negotiator: Christina Alger
Employee Organization: Modesto Police Officers’ Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MPNSA Negotiator: Christina Alger
Employee Organization: Modesto Police Non-Sworn Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) –MPMA Negotiator: Christina Alger
Employee Organization: Modesto Police Management Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCFFA Negotiator: Christina Alger
Employee Organization: Modesto City Firefighters Association - 12 -
1/23/2024 5:30:00 PM
CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – Unrepresented Negotiator: Christina Alger
Employee Organization: Unrepresented Management and Confidential Employees Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
at by
date time signature