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*Via Teleconference
Councilmember Escutia-Braaton
Hyatt Regency Washington on Capitol Hill
400 New Jersey Ave. NW
Washington DC. 20001
MODESTO CITY COUNCIL
www.modestogov.com
MINUTES
City of Modesto
CITY COUNCIL MEETING
Chambers, Basement Level
Tenth Street Place, 1010 10th Street
Modesto, California
Tuesday, September 10, 2024 at 5:30 PM
Roll Call – Present: Councilmembers Alvarez, Bavaro, *Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
Pledge of Allegiance to the Flag
Invocation: Pastor Lance Lowell, Neighborhood Church
City Clerk’s Announcements
Declaration of Conflicts of Interest: None
Reports from Closed Session: No reportable action.
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Proclamation declaring September 15th - October 15th as National Hispanic Heritage Month. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597, [email protected] ACTION: Mayor Zwahlen presented proclamation declaring September 15th - October 15th as National Hispanic Heritage Month.
2. Proclamation declaring September as National Senior Center Month. (Funding Source:
Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarret, 209-571-5597, [email protected] - 2 -
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ACTION: Mayor Zwahlen presented proclamation declaring September as National Senior Center Month.
MISCELLANEOUS
3. Consider vacating the appointments of Michelle Buer and Yelitza Pena from the Entertainment Commission. (Funding Source: Not Applicable) Staff Recommendation:
Resolution vacating the appointments of Michelle Buer and Yelitza Pena from the Entertainment Commission.
CED; Trevin Barber, 209-860-1251, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2024-310 vacating the appointments of Michelle Buer and Yelitza Pena from the Entertainment Commission.
4. Consider accepting the resignation of Carrie Miller from the Entertainment Commission. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution accepting the resignation of Carrie Miller from the Entertainment Commission.
CED; Trevin Barber, 209-860-1251, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2024-311 accepting the resignation of Carrie Miller from the Entertainment Commission.
5. Consider accepting the resignation of Lisa Lomas from the Landmark Preservation Commission. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution accepting the resignation of Lisa Lomas from the City of Modesto Landmark Preservation Commission.
CED; Jessica Hill, 209-577-5267, [email protected]
ACTION: (Williams/Wright; 7/0) Resolution 2024-312 accepting the resignation of Lisa Lomas from the City of Modesto Landmark Preservation Commission.
6. Consider accepting the resignation of John Bergman from the Housing Rehabilitation Loan Committee. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution accepting the resignation of John Bergman from the Housing Rehabilitation Loan Committee.
CED; Jessica Hill, 209-577-5211, [email protected]
ACTION: (Alvarez/Wright; 7/0) Resolution 2024-313 accepting the resignation of John Bergman from the Housing Rehabilitation Loan Committee. - 3 -
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PUBLIC COMMENT IN PERSON
Danielle Morgan provided a legislative update on behalf of Assemblyman Juan Alaniz.
She announced that several bills had been signed by the Governor, including those addressing retail crime, opioid overdose response, and cattle industry protection. Three more bills were awaiting the governor’s signature by the end of the month. She encouraged anyone with questions to reach out and thanked the audience. Gary Nicholas offered a prayer and expressed gratitude. He then asked for prayers to receive God's gift, specifically for housing. He thanked the Council for allowing him to speak.
Derek Castle discussed the homelessness of children in Modesto and how local churches, including the Church of the Brethren, have been helping families with temporary shelter. After withdrawing an offer to use vacant land for cabins due to local opposition, the church decided to convert Sunday School classrooms into bedrooms for ten families. He credited the city's Bridge Housing program for inspiring this effort and thanked the Council for their support, noting that over 70 children and their caregivers would benefit from the new accommodations.
Brian raised concerns about the lack of protection for elderly people's property in Modesto, criticizing officers for preventing citizens from making arrests and allowing criminals to go free. He shared personal experiences of inadequate care for seniors and questioned whether the city is truly protecting its elderly population. He called for better officer training and raised frustration over marijuana legalization and its impact on the City.
Susan Mendieta, Lorraine Burnett, and Phoebe Fort invited everyone to the 31st annual International Heritage Festival, set for Saturday, October 5th, at Graceada Park. The event would run from 10 a.m. to 4 p.m., with opening ceremonies at 11. They highlighted the festival's activities, including cultural performances, children's crafts, heritage booths, food, music, and dance. They expressed gratitude to the City for its support and encouraged the community to attend, emphasizing the importance of celebrating diverse heritages and coming together as a community. Judy Straight discussed Modesto's community cat population. She became involved in animal rescue due to her niece's concern over stray cats near their home. Judy learned about the Trap, Neuter, and Release (TNR) program, which helps reduce the number of stray animals. However, she noted that TNR is expensive and lacks local support, requiring her to travel for appointments. She thanked the Council for their service and urged for more assistance in addressing the city's stray animal problem. Emerson Drake expressed frustration about restrictions on showing public support of speakers and the decorum rules. He also has issues with the City website and criticized it for not providing meeting schedules for the Community Police Advisory Board and other City offices, noting that it only listed upcoming holidays. Alternatively, he - 4 -
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thanked City staff for their assistance with a drain issue, although he suggested that a 24-hour emergency contact number should be added to the website. He ended by expressing appreciation for the efforts of those who helped resolve his issue.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS: 7-8, 10-20 (Wright/Ricci; 7/0)
CONSENT
Consent
7. Consider approving the minutes for the August 27, 2024 Joint Council Meeting & Redevelopment Successor Agency Meeting. (Funding Source: Not Applicable) Motion approving the minutes for the August 27, 2024 Joint Council Meeting & Redevelopment Successor Agency Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Ricci; 7/0) Motion approving the minutes for the August 27, 2024 Joint Council Meeting & Redevelopment Successor Agency Meeting.
Consent
8. Consider appointing a voting delegate to the 2024 League of California Cities Annual Conference to be held in Long Beach, CA on October 16-18, 2024. (Funding Source:
General Fund)
Motion approving Councilmember Williams as a voting delegate and Councilmember Escutia-Braaton as the alternate for the 2024 League of California Cities Annual Conference to be held in Long Beach, CA on October 16-18, 2024.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Ricci; 7/0) Motion approving Councilmember Williams as a voting delegate and Councilmember Escutia-Braaton as the alternate for the 2024 League of California Cities Annual Conference to be held in Long Beach, CA on October 16-18, 2024.
Removed from Consent
9. Consider approving the recommended budget adjustments to Fiscal Year 2023-24 and 2024-25 Annual Operating and Capital Improvement Program Budgets and amending the Fiscal Year 2024-25 Position Allocation. (Funding Source: Various Funds) Resolution amending Fiscal Year 2023-24 and 2024-25 Annual Operating and Capital Improvement Project Fund Budgets and authorizing the City Manager, to take the necessary steps to implement the provisions of this Resolution. Resolution amending the Position Allocation for Fiscal Year 2024-25 as adopted in the operating budget.
Resolution amending the classification plan for the City of Modesto to create new classifications and amend existing classifications.
BUDGET; Steve Christensen, 209-577-5390, [email protected] - 5 -
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ACTION: (Wright/Ricci; 7/0) Resolution 2024-314 amending Fiscal Year 2023-24 and 2024-25 Annual Operating and Capital Improvement Project Fund Budgets and authorizing the City Manager, to take the necessary steps to implement the provisions of this Resolution.
ACTION: (Wright/Ricci; 7/0) Resolution 2024-315 amending the Position Allocation for Fiscal Year 2024-25 as adopted in the operating budget.
ACTION: (Wright/Ricci; 7/0) Resolution 2024-316 amending the classification plan for the City of Modesto to create new classifications and amend existing classifications.
Consent
10. Consider approving a Third Amendment to an Agreement with Harris & Associates to provide Community Facilities Districts Engineering Services, increasing the Agreement amount by $200,000 through the duration of the Agreement. (Funding Source: Various Community Facilities Districts and Developer Deposits) Resolution approving a Third Amendment to an Agreement with Harris & Associates to provide Community Facilities District Engineering Services, increasing the Agreement amount by $200,000 to a new total amount of $550,000; and authorizing the City Manager, or his designee, to execute the Amendment.
CED; Edgar Garcia, 209-577-5211, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2024-317 approving a Third Amendment to an Agreement with Harris & Associates to provide Community Facilities District Engineering Services, increasing the Agreement amount by $200,000 to a new total amount of $550,000; and authorizing the City Manager, or his designee, to execute the Amendment.
Consent
11. Consider a Resolution of Intention to form City of Modesto Community Facilities District (CFD) No. 2024-2 (Fairview Village #2), an area bounded by Carpenter Road, Whitmore Avenue, and Hatch Road, and to designate certain parcels as future annexation areas for the CFD No. 2024-2. (Funding Source: Developer Deposit) Resolution of Intention to form City of Modesto Community Facilities District (CFD) No. 2024-2 (Fairview Village #2), an area bounded by Carpenter Road, Whitmore Avenue, and Hatch Road, and to designate certain parcels as future annexation areas for the CFD No. 2024-2 and Authorize the Levy of Special Tax within CFD No. 2024-2.
CED; Edgar Garcia, 209-577-5211, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution of Intention 2024-318 to form City of Modesto Community Facilities District (CFD) No. 2024-2 (Fairview Village #2), an area bounded by Carpenter Road, Whitmore Avenue, and Hatch Road, and to designate - 6 -
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certain parcels as future annexation areas for the CFD No. 2024-2 and Authorize the Levy of Special Tax within CFD No. 2024-2.
Consent
12. Consider approving a Will Serve Letter and Outside Service Agreement with Stump Family Land Company, LLC, A California Limited Liability Company, to connect to the City of Modesto’s existing water system for the property located at 1108 Reno Avenue (APN: 029-011-027). (Funding Source: Water Fund) Resolution approving a Will Serve Letter and Outside Service Agreement with Stump Family Land Company, LLC a California Limited Liability Company, to connect to the City of Modesto’s existing water system for the property located at 1108 Reno Avenue (APN: 029-011-027) and authorizing the City Manager, or his designee, to the sign the Will Serve Letter and execute the Outside Service Agreement.
ENGINEERING SERVICES; Jaspreet Mangat, 209-577-5253,
[email protected]
ACTION: (Wright/Ricci; 7/0) Resolution 2024-319 approving a Will Serve Letter and Outside Service Agreement with Stump Family Land Company, LLC a California Limited Liability Company, to connect to the City of Modesto’s existing water system for the property located at 1108 Reno Avenue (APN: 029-011-027) and authorizing the City Manager, or his designee, to the sign the Will Serve Letter and execute the Outside Service Agreement.
Consent
13. Consider approving the Purchasing Agreements for Emergency Vehicle Upfitting Services with Lehr Auto Electric, Sacramento, CA, NextGen Alpha Upfitting, Sacramento, CA, and Jay Tires, Turlock, CA for a total amount not to exceed $6,000,000 over five years. (Funding Source: Fleet Fund) Resolution approving the Purchasing Agreements for the purchase of Emergency Vehicle Upfitting Parts and Services with Lehr Auto Electric, Sacramento, CA, NextGen Alpha Upfitting, Sacramento, CA, and Jay Tires, Turlock, CA for a two-year Agreement with three one-year extension options, for an annual combined estimated amount of $1,200,000 and a total amount not to exceed $6,000,000 over five years; and authorizing the Director of Finance to adjust agreement totals between vendors based on contractor’s availability and department’s needs, ensuring the combined total amount does not change and authorizing the City Manager or his designee to execute the Agreements.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2024-320 approving the Purchasing Agreements for the purchase of Emergency Vehicle Upfitting Parts and Services with Lehr Auto Electric, Sacramento, CA, NextGen Alpha Upfitting, Sacramento, CA, and Jay Tires, Turlock, CA for a two-year Agreement with three one-year extension options, for an annual combined estimated amount of $1,200,000 and a total amount not to exceed $6,000,000 over five years; and authorizing the Director of Finance to - 7 -
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adjust agreement totals between vendors based on contractor’s availability and department’s needs, ensuring the combined total amount does not change and authorizing the City Manager or his designee to execute the Agreements.
Consent
14. Consider approving the Purchasing Agreements for the purchase of Fleet Motor Parts and Services with FleetPride Inc., Modesto, CA, Interstate Truck Center, LLC, Modesto, CA, and Motor Parts Distributors Inc., Modesto, CA for a total amount not to exceed $3,500,000 over five years. (Funding Source: Fleet Fund and Outside Service Agreements)
Resolution approving the Purchasing Agreements for the purchase of Fleet Motor Parts and Services with FleetPride Inc., Modesto, CA, Interstate Truck Center, LLC, Modesto, CA, and Motor Parts Distributors Inc., Modesto, CA for a two-year Agreement with three one-year extension options, for an annual combined estimated amount of $700,000 and a total amount not to exceed $3,500,000 over five years; and authorizing the Director of Finance to adjust agreement totals between vendors based on contractor’s availability and department’s needs, ensuring the combined total amount does not change and authorizing the Director of Finance or her designee to execute the Agreements.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2024-321 approving the Purchasing Agreements for the purchase of Fleet Motor Parts and Services with FleetPride Inc., Modesto, CA, Interstate Truck Center, LLC, Modesto, CA, and Motor Parts Distributors Inc., Modesto, CA for a two-year Agreement with three one-year extension options, for an annual combined estimated amount of $700,000 and a total amount not to exceed $3,500,000 over five years; and authorizing the Director of Finance to adjust agreement totals between vendors based on contractor’s availability and department’s needs, ensuring the combined total amount does not change and authorizing the Director of Finance or her designee to execute the Agreements.
Consent
15. Consider approving the Purchasing Agreements for the purchase of Electrical Parts and Supplies to Platt Electric, Modesto, CA, Wille Electric, Modesto, CA and Consolidated Electric Distributors, Modesto, CA for a total amount not to exceed $1,625,000 over five years. (Funding Source: Various Funds)
Resolution approving the Purchasing Agreements for the purchase of Electrical Parts and Supplies to Vantage Electrical Group, Crystal Lake, IL under the authorized distributor Platt Electric, Modesto, CA, by utilizing the Competitive Bidding Process from E&I Cooperative Services, Wille Electric, Modesto CA and Consolidated Electric Distributors, Modesto CA for a two-year Agreement with three one-year extension options, for an annual combined estimated amount of $325,000 and a total amount not to exceed $1,625,000 over five years; and authorizing the Director of Finance to adjust agreement totals between vendors based on contractor’s availability and department’s needs, ensuring the combined total amount does not change and authorizing the - 8 -
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Director of Finance or her designee to execute the Agreements.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2024-322 approving the Purchasing Agreements for the purchase of Electrical Parts and Supplies to Vantage Electrical Group, Crystal Lake, IL under the authorized distributor Platt Electric, Modesto, CA, by utilizing the Competitive Bidding Process from E&I Cooperative Services, Wille Electric, Modesto CA and Consolidated Electric Distributors, Modesto CA for a twoyear Agreement with three one-year extension options, for an annual combined estimated amount of $325,000 and a total amount not to exceed $1,625,000 over five years; and authorizing the Director of Finance to adjust agreement totals between vendors based on contractor’s availability and department’s needs, ensuring the combined total amount does not change and authorizing the Director of Finance or her designee to execute the Agreements.
Consent
16. Consider approving an Agreement with the State of California Office of Emergency Services to temporarily house and maintain a Type 1 Fire Engine and its associated equipment. (Funding Source: General Fund)
Resolution approving an Agreement with the State of California Office of Emergency Services to temporarily house and maintain a Type 1 Fire Engine and its associated equipment, and authorizing the City Manager, or his designee, to execute the Agreement.
FIRE DEPARTMENT; Jerardo Avila, 209-572-9590, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2024-323 approving an Agreement with the State of California Office of Emergency Services to temporarily house and maintain a Type 1 Fire Engine and its associated equipment, and authorizing the City Manager, or his designee, to execute the Agreement.
Consent
17. Consider approving a First Amendment to the Cell Tower Site Lease Agreement at the Sutter Avenue Wastewater Treatment Facility with New Cingular Wireless, PCS, LLC, to increase the lease area by an additional 150 square feet and to extend the maximum term of the Agreement through June 24, 2043. (Funding Source: Cell Tower Facility Rental Revenue)
Resolution approving a First Amendment to the Cell Tower Site Lease Agreement at the Sutter Avenue Wastewater Treatment Facility with New Cingular Wireless, PCS, LLC, to increase the lease area by an additional 150 square feet and to extend the maximum term of the Agreement through June 24, 2043, and authorizing the City Manager, or his designee, to execute the agreement.
PRN; Nathan Houx, 209-571-5560, [email protected]
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ACTION: (Wright/Ricci; 7/0) Resolution 2024-324 approving a First Amendment to the Cell Tower Site Lease Agreement at the Sutter Avenue Wastewater Treatment Facility with New Cingular Wireless, PCS, LLC, to increase the lease area by an additional 150 square feet and to extend the maximum term of the Agreement through June 24, 2043, and authorizing the City Manager, or his designee, to execute the agreement.
Consent
18. Consider approving the City’s sponsorship of the 2024 International Heritage Festival for $5,080 in in-kind support and a direct monetary contribution of $2,650. (Funding Source: General Fund)
Resolution approving the City’s sponsorship of the 2024 International Heritage Festival for $5,080 in in-kind support and a direct monetary contribution of $2,650.
PRN; Diane Sheatsley, 209-577-5418, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2024-325 approving the City’s sponsorship of the 2024 International Heritage Festival for $5,080 in in-kind support and a direct monetary contribution of $2,650.
Consent
19. Consider approving an Agreement with Swarco McCain Inc. of Vista, CA for integrating signal performance metrics for the Automated Traffic Signal Performance Measures for a total amount not to exceed $131,670 for a two-year agreement, with five one-year extension options. (Funding Source: Congestion Mitigation and Air Quality)
Resolution approving the Award of Proposal and Agreement for the Automated Traffic Signal Performance Measures with Swarco McCain Inc. of Vista, CA for a two-year Agreement, with five one-year extension options, in the amount of $119,700 plus $11,970 in additional services, for a total amount not to exceed $131,670 and authorizing the City Manager, or his designee, to execute the Agreement.
PUBLIC WORKS; Max Navarro, 209-571-5116, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2024-326 approving the Award of Proposal and Agreement for the Automated Traffic Signal Performance Measures with Swarco McCain Inc. of Vista, CA for a two-year Agreement, with five one-year extension options, in the amount of $119,700 plus $11,970 in additional services, for a total amount not to exceed $131,670 and authorizing the City Manager, or his designee, to execute the Agreement.
Consent
20. Consider approving an Agreement with Streetlight Data Inc. of San Francisco CA, for Travel Time Bluetooth Data Services for collecting and observing vehicle circulation around Modesto for a total amount not to exceed $140,000 over four years. (Funding Source: Congestion Mitigation and Air Quality)
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Resolution approving an Agreement with Streetlight Data Inc. of San Francisco, CA, by utilizing the Competitive Bid Process with National Intergovernmental Purchasing Alliance (National IPA), SCAG, for the Travel Time Bluetooth Data, for a four-year agreement not to exceed $140,000 and authorizing the City Manager, or his designee, to execute the Agreement.
PUBLIC WORKS; Max Navarro, 209-571-5116, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2024-327 approving an Agreement with Streetlight Data Inc. of San Francisco, CA, by utilizing the Competitive Bid Process with National Intergovernmental Purchasing Alliance (National IPA), SCAG, for the Travel Time Bluetooth Data, for a four-year agreement not to exceed $140,000 and authorizing the City Manager, or his designee, to execute the Agreement.
COUNCIL COMMENTS & REPORTS
Councilmember Ricci reported issues with parking at Mary Grogan Park, particularly on weekends, and called for better solutions due to the park’s growing popularity. He praised the Forestry Department for recent improvements and community engagement. Ricci also thanked the 48 volunteers for joining the Feral Cat Committee and looked forward to their first meeting in November to explore solutions for the feral cat problem.
Councilmember Wright shared that his car almost got towed at Mary Grogan Park due to heavy traffic and parking issues, but improvements were underway with additional parking at Enoch’s High School. He thanked Derek Castle and the Brethren Church for their support of Family Promise and praised their innovative efforts to help families in need.
Councilmember Escutia-Braaton reported from Washington, DC, where she was part of a delegation from the Central Valley, advocating for funding for Modesto and the region.
The group met with various House and Senate representatives and officials from multiple departments, receiving positive responses and opportunities for collaboration. She also shared that she and the Mayor spoke at a county education leadership event, inspiring high school students and receiving gratitude from their parents for their motivational impact.
Lastly, she mentioned attending September 11th memorial ceremonies in DC to honor those who lost their lives in the attacks.
Councilmember Bavaro mentioned that his advisory committee in District 4 received a briefing from Chief Wise last week, which was a productive meeting and helped in sharing the fire department's vision with the community. He also acknowledged Derek Castle and his church for their efforts with the homeless, expressing appreciation for their work.
Councilmember Williams reported on several events. On August 28, 2024, the Stanislaus Animal Services Agency held a ribbon-cutting ceremony for their new low-cost spay and neuter clinic. Williams also mentioned a successful community brunch at Central Plaza, organized by Dan and Denise Costa, which aimed to raise $500,000 for five nonprofits. - 11 -
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Additionally, he highlighted a memorial commemoration for September 11th, starting at Station 1 on 611th Street at 8:46 AM, marking the time of the first plane crash on that day.
He encouraged the community to participate and honor those affected by the tragedy.
Mayor Zwahlen noted that she and Council Member Williams attended a Clergy Council meeting with local black pastors, police, and other officials. They had an open discussion about police interactions with youth, highlighting positive experiences with Modesto officers. The Mayor also mentioned the ribbon-cutting for new housing for veterans, seniors, and individuals with mental illness, which will enhance community safety and security.
CITY MANAGER COMMENTS & REPORTS
None.
Recessed: 6:49 P.M.
Resumed: 6:55 P.M.
UNFINISHED BUSINESS
21. Consider approving the Plans and Specifications for César E. Chávez Park Renovation Project, accepting the Bid and Awarding a Construction Contract to Harris Builders, Inc. of Hilmar, CA., in the amount of $14,130,993 authorizing $847,860 for contingency (if needed), for a total payment amount not to exceed $14,978,853. (Funding Source: CA Statewide Parks Grant (Prop 68), American Rescue Plan Act (ARPA), Measure H, Parks Capital Facility Funds (CFF))) Resolution approving the Plans and Specifications for the César E. Chávez Park Renovation Project, accepting the Bid and Awarding a Construction Contract to Harris Builders, Inc., of Hilmar, CA, in the amount of $14,130,993, authorizing $847,860, in contingency (if needed), for a total payment amount not to exceed $14,978,853 and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution approving an agreement with TRC Engineering, Inc, of Lathrop, CA, for Construction Management and Inspection Services for the César E.
Chávez Park Renovation in the amount of $837,014, plus $80,097 in additional services, if needed, for a total amount not to exceed $917,111 and authorizing the City Manager, or his designee, to execute the Agreement. Resolution approving the City’s Pandemic Recovery Strategy, Modesto Forward, for the reallocation of American Rescue Plan Act Funds for the César E. Chávez Park Renovation Project and authorizing the City Manager, or his designee, to carry out the necessary steps to implement the programs and funding allocation.
Resolution amending the Fiscal Year 2024-25 Capital Improvement Program budget to fund Project #101276 (Chavez Park Renovation) in an amount not to exceed $2,100,000 in transfers, revenue, and to budget expenditures to fund the project, and authorizing the City Manager, or his designee, to implement the provisions of this resolution.
PRN; Nathan Houx, 209-571-5526, [email protected]
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ACTION: (Alvarez/Williams; 7/0) Resolution 2024-328 approving the Plans and Specifications for the César E. Chávez Park Renovation Project, accepting the Bid and Awarding a Construction Contract to Harris Builders, Inc., of Hilmar, CA, in the amount of $14,130,993,37 authorizing $847,860, in contingency (if needed), for a total payment amount not to exceed $14,978,853.37 and authorizing the City Manager, or his designee, to execute the Agreement.
ACTION: (Alvarez/Williams; 7/0) Resolution 2024-329 approving an agreement with TRC Engineering, Inc, of Lathrop, CA, for Construction Management and Inspection Services for the César E. Chávez Park Renovation in the amount of $837,014, plus $80,097 in additional services, if needed, for a total amount not to exceed $917,111 and authorizing the City Manager, or his designee, to execute the Agreement.
ACTION: (Alvarez/Williams; 7/0) Resolution 2024-330 approving the City’s Pandemic Recovery Strategy, Modesto Forward, for the reallocation of American Rescue Plan Act Funds for the César E. Chávez Park Renovation Project and authorizing the City Manager, or his designee, to carry out the necessary steps to implement the programs and funding allocation.
ACTION: (Alvarez/Williams; 7/0) Resolution 2024-331 amending the Fiscal Year 2024-25 Capital Improvement Program budget to fund Project #101276 (Chavez Park Renovation) in an amount not to exceed $2,100,000 in transfers, revenue, and to budget expenditures to fund the project, and authorizing the City Manager, or his designee, to implement the provisions of this resolution.
HEARINGS
Published in the Modesto Bee on August 30, 2024. - Item requested to be continued to September 24, 2024.
22. Hearing to consider establishing City of Modesto Community Facilities District (CFD) No. 2024-1 (Tivoli), authorizing the levy of special taxes therein, and establishing an annual appropriations limit; calling a special election; and declaring the results of the September 10, 2024 special election. (Funding Source: Special Taxes generated by CFD No. 2024-1)
Motion to continue item to September 24, 2024.
CED; Edgar Garcia, 209-577-5211, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Motion to continue item to September 24, 2024.
Published in the Modesto Bee on August 30, 2024
23. Hearing to consider approving the application and issuance of a Permit to operate as a Non-Emergency Medical Transport Company to Trauma Life Care Medical Transport in the City of Modesto. (Funding Source: General Fund)
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Resolution approving the application and issuance of a Permit to operate as a Non-Emergency Medical Transport Company to Trauma Life Care Medical Transport in the City of Modesto.
POLICE DEPARTMENT; Kalani Souza, 209-572-9500, [email protected] ACTION: (Williams/Alvarez; 7/0) Resolution 2024-332 approving the application and issuance of a Permit to operate as a Non-Emergency Medical Transport Company to Trauma Life Care Medical Transport in the City of Modesto.
NEW BUSINESS
24. Consider approving a Letter of Intent between the United Soccer Leagues, LLC and the City of Modesto to establish an exclusive negotiating period for the exploration of a League expansion into the City, and authorizing the City Manager, or his designee, to execute the Letter. (Funding Source: General Fund)
Resolution approving a Letter of Intent between the United Soccer Leagues, LLC and the City of Modesto and authorizing the City Manager, or his designee, to execute the Letter.
CED; Sean Rando, 209-577-5473, [email protected]
ACTION: (Wright/Ricci; 7/0) Resolution 2024-333 approving a Letter of Intent between the United Soccer Leagues, LLC and the City of Modesto and authorizing the City Manager, or his designee, to execute the Letter.
25. Consider accepting a Central Valley Regional Water Quality Control Board settlement offer in the amount of $325,000 to resolve violations of water quality laws by funding a Supplemental Environmental Project related to the Dignity Village Bridge Housing Project Located at 402 9th Street and authorizing the City to negotiate and execute a Memorandum of Understanding with the County of Stanislaus for the delivery of the Supplemental Environmental Project. (Funding Source: Wastewater Funds) Resolution accepting a Central Valley Regional Water Quality Control Board settlement offer in the amount of $325,000 to resolve violations of water quality laws by funding a Supplemental Environmental Project and authorizing the City Manager, or his designee, to negotiate and execute a Memorandum of Understanding with the County of Stanislaus to carry out the scope of work outlined within the Supplemental Environmental Project.
UTILITIES; William Wong, 209-571-5801, [email protected] ACTION: (Williams/Wright; 7/0) Resolution 2024-334 accepting a Central Valley Regional Water Quality Control Board settlement offer in the amount of $325,000 to resolve violations of water quality laws by funding a Supplemental Environmental Project and authorizing the City Manager, or his designee, to negotiate and execute a Memorandum of Understanding with the County of Stanislaus to carry out the scope of work outlined within the Supplemental Environmental Project. - 14 -
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MATTERS TOO LATE FOR THE AGENDA
None.
ADJOURNMENT
This meeting adjourned at 7:57 P.M.
All Closed Session matters heard prior to the meeting.
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Four Cases (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
City of Camden, et al. v. Tyco Fire Products LP,
U.S. District Court for the District of South Carolina
Case No.: 2:24-cv-02321-RMG
City of Camden, et al. v. BASF Corporation,
individually and as successor in interest to Ciba Inc.
U.S. District Court for the District of South Carolina
Case No.: 2:24-cv-03174-RMG
City of Modesto v. Kimberly Soranno
Superior Court of California, County of Stanislaus
Case No.: CV-22-002099
Attest:____________________________
Diane Nayares-Perez, City Clerk