- 1 -
6/11/2024 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, June 11, 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 -
6/11/2024 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, - 3 -
6/11/2024 5:30:00 PM
programs, or activities. For more information, please visit the City of Modesto website at https://www.modestogov.com/865/Americans-with-Disabilities-Act-ADA In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (209) 577-5396. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
Pledge of Allegiance to the Flag
Invocation: Mark Hammond, Celebration Center
City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Proclamation declaring June 19th as Juneteenth. (Funding Source: Not Applicable) CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]
MISCELLANEOUS
Legislation, Appointments, Other
2. Consider approving the appointment of Dewey Bedford as the Culture Commission representative to the Landmark Preservation Commission for 2024, with a term expiration of December 31, 2024. (Funding Source: Not Applicable) Staff Recommendation:
Resolution approving the appointment of Dewey Bedford as the 2024 Culture Commission representative to the Landmark Preservation Commission with a term expiration of December 31, 2024.
PRN; Diane Sheatsley, 209-577-5418, [email protected]
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. - 4 -
6/11/2024 5:30:00 PM
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
3. Consider approving the minutes for the June 4, 2024 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving the minutes for the June 4, 2024 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
4. Consider approving an Agreement with AmeriNational Community Services, LLC (dba AmeriNat) to manage the City’s loan portfolio for loans funded through State and Federal programs for a total amount not to exceed $434,000 over five (5) years. (Funding Source: Community Development Block Grant Funds, Permanent Local Housing Allocation, HOME Investment Partnership Funds)
Staff Recommendation:
Resolution approving the Award of Proposal and Purchasing Agreement with AmeriNational Community Services LLC (dba AmeriNat), to manage the City’s loan portfolio for loans funded through State and Federal programs for a three (3) year Agreement with two (2) one-year extension options, for an annual estimated amount of $86,800, and a total amount not to exceed $434,000 over five years; and authorizing the City Manager, or his designee, to execute the Agreement.
CED; Edgar Garcia, 209-577-5211, [email protected] Consent
5. Consider approving On-Call Agreements for Construction Inspection Services, with Dillon and Murphy Engineering, West Yost & Associates, and TRC Engineering, Inc., for a one-year Agreement with two one-year extension options, for an estimated annual amount of $74,500 per consultant, and a total amount not to exceed $223,500 per consultant over three years. (Funding Source: Various Capital Improvement Projects) Staff Recommendation:
Resolution approving On-Call Agreements for Construction Inspection Services - 5 -
6/11/2024 5:30:00 PM
with Dillon and Murphy Engineering, TRC Engineering, Inc., and West Yost & Associates for a one-year Agreement with two one-year extension options, for an estimated annual amount of $74,500 per consultant, and a total amount not to exceed $223,500 per consultant over three years and authorizing the City Manager, or his designee, to execute the Agreement.
ENGINEERING SERVICES; Pete Kambel, 209-577-5444, [email protected] Consent
6. Consider accepting the Highway Village Strengthen & Replace Water Mains Project as complete, releasing securities, releasing payments totaling $3,909,585 to Rolfe Construction Inc., of Atwater, CA., and authorizing the City Clerk to file a Notice of Completion. (Funding Source: Water Fund)
Staff Recommendation:
Resolution accepting the Highway Village Strengthen & Replace Water Mains Project as complete, releasing securities, releasing payments totaling $3,909,585 to Rolfe Construction Inc., of Atwater, CA., and authorizing the City Clerk to file a Notice of Completion.
ENGINEERING SERVICES; Peter Kambel, 209-577-5444, [email protected] Consent
7. Consider accepting the Pelandale Neighborhood Pavement Maintenance and Virginia Corridor Trail Maintenance Project as complete, releasing securities, releasing payments totaling $1,956,556 to American Pavement Systems, Inc., of Modesto, California, and authorizing the City Clerk to file a Notice of Completion. (Funding Source: Local Measure L Funds)
Staff Recommendation:
Resolution accepting the Pelandale Neighborhood Pavement Maintenance and Virgina Corridor Trail Maintenance Project as complete, releasing securities, releasing payments totaling $1,956,556 to American Pavement Systems, Inc., of Modesto, California, and authorizing the City Clerk to file a Notice of Completion.
ENGINEERING SERVICES; Peter Kambel, 209-577-5444, [email protected] Consent
8. Consider accepting the Rebid Upgrade Traffic Signals 2017 CML-5059 (222) Project as complete, releasing securities, releasing payments totaling $857,281 to St. Francis Electric, LLC, of San Leandro CA., and authorizing the City Clerk to file a Notice of Completion. (Funding Source: Congestion Mitigation Air Quality Grant) Staff Recommendation:
Resolution accepting the Rebid Upgrade Traffic Signals 2017 CML-5059 (222) Project as complete, releasing securities, releasing payments totaling $857,281 to St. Francis Electric, LLC., of San Leandro, CA., and authorizing the City Clerk to file a Notice of Completion.
ENGINEERING SERVICES; Peter Kambel, 209-577-5444, [email protected] - 6 -
6/11/2024 5:30:00 PM
Consent
9. Consider accepting the Briggsmore Avenue and Orangeburg Avenue Pavement Rehabilitation Project as complete, releasing securities, releasing payments totaling $7,712,644 to United Pavement Maintenance, Inc., of Hughson, CA., and authorizing the City Clerk to file a Notice of Completion. (Funding Source: Local Measure L Funds)
Staff Recommendation:
Resolution accepting the Briggsmore Avenue and Orangeburg Avenue Pavement Rehabilitation project as complete, releasing securities, releasing payments totaling $7,712,644 to United Pavement Maintenance, Inc., of Hughson, 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 Monthly Investment Report for March 2024. (Funding Source:
Various Funds)
Staff Recommendation:
Motion accepting the Monthly Investment Report for March 2024.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
Consent
11. Consider accepting an Informational Report for the April 2024 Accounts Payable Payment Register and Void Report. (Funding Source: Not Applicable) Staff Recommendation:
Motion accepting an Informational Report for the April 2024 Accounts Payable Payment Register and Void Report.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
Consent
12. Consider approving the purchase of a New Public Bidding Solution Subscription with OpenGov Inc., San Francisco, CA in the amount of $276,136 over three years. (Funding Source: General Fund, Capital Improvement Fund, and Utility Funds) Staff Recommendation:
Resolution approving the purchase of a New Public Bidding Solution Subscription with OpenGov Inc., San Francisco, CA in the amount of $276,136 over three years; and authorizing the City Manager or his designee to execute the Agreement.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] Consent
13. Consider approving an Automatic Aid Agreement with Westport Fire Protection District to provide fire-related emergency response to the Regional Water Recycling Facility Jennings Campus located at 7007 Jennings Rd. and authorizing the City Manager, or his designee, to execute the Agreement. (Funding Source: General Fund) - 7 -
6/11/2024 5:30:00 PM
Staff Recommendation:
Resolution approving an Automatic Aid Agreement with Westport Fire Protection District to provide fire-related emergency response to the Regional Water Recycling Facility Jennings Campus located at 7007 Jennings Rd. and authorizing the City Manager, or his designee, to execute the Agreement.
FIRE DEPARTMENT; Kevin Wise, 209-572-9590, [email protected] Consent
14. Consider approving a First Amendment to the Agreement with LDA Partners, Inc., for additional tasks related to construction documentation for the Dryden Clubhouse Renovation Project, for a new total amount not to exceed $621,500. (Funding Source:
American Rescue Plan Act (ARPA), Golf Fund)
Staff Recommendation:
Resolution approving a First Amendment to the Agreement with LDA Partners, Inc. for additional tasks related to construction documentation for the Dryden Clubhouse Renovation Project, increasing the Agreement amount by $270,000, for a new contract amount of $565,000, plus $56,500 in additional services (if needed), for a new total amount not to exceed $621,500 and authorizing the City Manager, or his designee, to execute the Amendment.
PRN; Nathan Houx, 209-571-5526, [email protected]
Consent
15. Consider approving the Second Amendment increasing the Agreement amount with BrightView Golf Maintenance, Inc., in partnership with KemperSports Management, for Golf Management and Maintenance Services, by $175,202 from $13,987,536 to a new total amount of $14,162,738. (Funding Source: Golf Fund) Staff Recommendation:
Resolution approving the Second Amendment increasing the Agreement amount with BrightView Golf Maintenance, Inc., in partnership with KemperSports Management, for Golf Management and Maintenance Services, by $175,202 from $13,987,536 to a new total amount of $14,162,738; and authorizing the City Manager, or his designee to execute the Amendment.
PRN; Jessica Franco, 209-577-5278, [email protected] Consent
16. Consider approving the Agreement for Polygraph Examination Services to Assurance Polygraph, LLC, Castro Valley, CA, a total amount not to exceed $538,260 over five years. (Funding Source: General Fund)
Staff Recommendation:
Resolution approving the Award of Bid and Agreement for Polygraph Examination Services to Assurance Polygraph, LLC, Castro Valley, CA, for a two (2) year Agreement with three (3) one-year extension options, for an annual estimated amount of $96,250, plus up to $57,010 for contingency, if needed, for an Agreement total amount not to exceed $538,260 over five years, and authorizing the City Manager, or his designee, to execute the Agreement.
POLICE DEPARTMENT; Jessica Smart, 209-572-9500, [email protected] - 8 -
6/11/2024 5:30:00 PM
Consent
17. Consider approving an Agreement with Sigma Tactical Wellness, Austin, Texas, for Comprehensive Heart Health Assessments for First Responders for a total not to exceed $115,464. (Funding Source: Byrne Justice Assistance Grant) Staff Recommendation:
Resolution approving an Agreement with Sigma Tactical Wellness, Austin, Texas, for Comprehensive Heart Health Assessments for First Responders for a total amount not to exceed $115,464; and authorizing the City Manager, or his designee, to execute the Agreement.
POLICE DEPARTMENT; Chris Adams, 209-572-9500, [email protected] Consent
18. Consider approving the submission of grant applications to the State Water Resources Control Board’s Small Community Funding Program: Clean Water/Wastewater and Safe and Affordable Funding for Equity and Reliance Program for the Stanislaus Elementary School Water and Sewer Line Extension Projects. (Funding Source: Water and Sewer Fund)
Staff Recommendation:
Resolution approving the submission of a Safe and Affordable Funding for Equity and Reliance Program grant application to the State Water Resources Control Board to fund the Kiernan Avenue Water Main Extension Project (Stanislaus Elementary School 123-TCP Mitigation Project), authorizing the City Manager, or his designee, to enter into the associated Grant Agreement and execute all related documents.
Resolution approving the submission of a Small Community Funding Program:
Clean Water/Wastewater grant application to the State Water Resources Control Board to fund the Carver Road Sewer Extension Project (Stanislaus Elementary School Sewer Main Project), authorizing the City Manager, or his designee, to enter into the associated Grant Agreement and execute all related documents.
UTILITIES; Jim Alves, 209-571-5557, [email protected] Consent
19. Consider accepting the Emergency Bypass for Screw Pumps Repairs as complete, and authorizing all payments to Rain for Rent, Stockton, CA, for a total cost of $204,628. (Funding Source: Sewer Operations Fund)
Staff Recommendation:
Resolution accepting the Emergency Bypass for Screw Pumps repairs as complete, and authorizing all payments to Rain for Rent, Stockton, CA, for a total cost not to exceed $204,628, and authorizing the City Manager, or his designee, to implement the provisions of this Resolution.
UTILITIES; Jeff Daniels, 209-577-6255, [email protected], - 9 -
6/11/2024 5:30:00 PM
Consent
20. Consider approving the Plans and Specifications for the Well 312 Treatment & Flushline Improvements Project; accepting the Bid and Awarding a Construction Contract to TSI Engineering, Inc., of North Highlands, CA, in the amount of $4,060,786, authorizing $487,295 (12%) in contingency (if needed), for a total payment amount not to exceed $4,548,081. (Funding Source: Water Fund) Staff Recommendation:
Resolution approving the Plans and Specifications for the Well 312 Treatment & Flushline Improvements Project; accepting the Bid and Awarding a Construction Contract to TSI Engineering, Inc., of North Highlands, CA, in the amount of $4,060,786, authorizing the Director of Engineering Services to approve Change Orders up to the cumulative amount of $487,295, 12% of the original contract price, for a total payment amount not to exceed $4,548,081 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 $3,722,218 to be transferred into the Project from Water Fund Reserves in order to fund the Construction Phase of the Well 312 Treatment & Flushline Improvements Project.
UTILITIES; Edgar Vargas, 209-577-5424, [email protected] Consent
21. Consider approving an Engineering Services Agreement with BKF Engineers, of Modesto, CA, for the Final Design of the Highway 99 Water Main Crossings Improvements Project, in the amount of $491,321, plus $49,132 in additional services, if needed, for an Agreement total not to exceed $540,453. (Funding Source: Water Fund)
Staff Recommendation:
Resolution approving an Engineering Services Agreement with BKF Engineers, of Salida, CA, for the Final Design of the Highway 99 Water Main Crossings Improvements Project in the amount of $491,321, plus $49,132 in additional services, if needed, for an Agreement total amount not to exceed $540,453 and authorizing the City Manager, or his designee, to execute the Agreement. Resolution approving an amendment to the Fiscal Year 2023-24 Capital Improvement Program Budget in the amount of $3,047,541 to be transferred into the Project from Water Fund Reserves to fund the Highway 99 Water Main Crossings Improvements Project.
UTILITIES; Edgar Vargas, 209-577-5424, [email protected] Consent
22. Consider approving an Engineering Services Agreement with Carollo Engineers, Inc., of Sacramento, CA, for the Regional Water Recycling Facility - Sutter Campus Master Plan Relocation Project, in an amount not to exceed $1,966,703. (Funding Source:
Wastewater Fund)
Staff Recommendation:
Resolution approving an Engineering Services Agreement with Carollo Engineers, of Sacramento, CA, for the Regional Water Recycling Facility - - 10 -
6/11/2024 5:30:00 PM
Sutter Campus Master Plan Relocation Project in the amount of $1,787,912, plus $178,791 in additional services, if needed, for an Agreement total amount not to exceed $1,966,703 and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution approving an amendment to the Fiscal Year 2023-24 Multi-Year Program Budget in the amount of $2,045,000 to be transferred into the Project from Wastewater Reserves to fund the Regional Water Recycling Facility - Sutter Campus Master Plan Relocation Project.
UTILITIES; Juan Ochoa, 209-577-5423, [email protected]
COUNCIL COMMENTS & REPORTS
CITY MANAGER COMMENTS & REPORTS
HEARINGS
Published in the Modesto Bee on May 31, 2024.
23. Hearing to consider approving Fiscal Year 2024-25 Diagram and Annual Assessment and ordering the Levy and Collection of Charges within Landscape Maintenance Assessment District No. 1 for Dry Creek Meadows Subdivisions Nos. 1-6. (Funding Source: Landscape Maintenance District No. 1)
Staff Recommendation:
Resolution approving the Fiscal Year 2024-25 Diagram and Annual Assessment and ordering the Levy and Collection of Charges within Landscape Maintenance Assessment District No. 1 for Dry Creek Meadows Subdivisions Nos. 1-6.
CED; Edgar Garcia, 209-577-5211, [email protected] Published in the Modesto Bee on May 31, 2024.
24. Hearing to consider approving Fiscal Year 2024-25 Diagram and Annual Assessment and ordering the Levy and Collection of Charges within Landscape Maintenance Assessment District No. 2 for Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision and Yosemite Meadows Subdivisions Units 1 and 2. (Funding Source: Landscape Maintenance District No. 2)
Staff Recommendation:
Resolution approving the Fiscal Year 2024-25 Diagram and Annual Assessment and ordering the Levy and Collection of Charges within Landscape Maintenance Assessment District No. 2 for Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision, and Yosemite Meadows Subdivision Units 1 and 2.
CED; Edgar Garcia, 209-577-5211, [email protected] - 11 -
6/11/2024 5:30:00 PM
Published in the Modesto Bee on May 31, 2024.
25. Hearing to consider approving Fiscal Year 2024-25 Diagram and Annual Assessment and ordering the Levy and Collection of Charges within Shackelford Landscape and Lighting District. (Funding Source: Shackelford Landscape and Lighting District) Staff Recommendation:
Resolution approving the Fiscal Year 2024-25 Diagram and Annual Assessment and ordering the Levy and Collection of Charges within Shackelford Landscape and Lighting District.
CED; Edgar Garcia, 209-577-5211, [email protected] Published in the Modesto Bee on May 31, 2024.
26. Hearing to consider the annexation of Assessor Parcel Numbers (APNs) 077-008-039 and 077-008-040 totaling approximately 33.694 acres, to the City of Modesto Community Facilities District (CFD) No. 2004-1 (Village One #2), authorizing the levy of special taxes therein; calling a special election; and declaring the results of the June 11, 2024 election. (Funding Source: Developer Deposit) Staff Recommendation:
Resolution calling a special election for the Annexation of additional territory to City of Modesto Community Facilities District No. 2004-1 (Village One #2). Resolution declaring the results of the June 11, 2024 special election and ordering the Annexation of the additional territory to City of Modesto Community Facilities District No. 2004-1 (Village One #2).
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
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, JUNE 11, 2024 AT 4:45 PM
and after the regularly scheduled meeting in the Tenth Street Place, Chambers Conference Room, Basement Level, 1010 Tenth Street, Modesto, California.
Any and all of the following agenda items are subject to action being taken by the - 12 -
6/11/2024 5:30:00 PM
Modesto City Council.
The business to be considered at said City Council meeting shall consist of a Closed Session concerning the following:
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: Brittoni Estrella, et al. v. City of Modesto et al.
United States Eastern District
Case No.: 1:22-cv-00921
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
at by
date time signature