- 1 -
4/5/2022 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, April 05, 2022 at 5:30 PM
*Roll Call - Councilmembers Escutia-Braaton, Kenoyer, Madrigal, Ricci, Wright, Zoslocki, Mayor Zwahlen
* Some Councilmembers may be participating in the meeting remotely via teleconferencing or other electronic means consistent with the AB 361.
THIS MEETING WILL BE PHYSICALLY OPEN TO THE PUBLIC AND BY ZOOM
VIDEO CONFERENCING AND TELEPHONE
In order to minimize the spread of the COVID-19 virus, this meeting will be conducted pursuant to AB 361, which amended the Brown Act’s teleconferencing provisions.
You may observe a livestream of the meeting at http://media.modestogov.com. You may also participate in the meeting as indicated below.
PARTICIPATING IN CITY COUNCIL MEETINGS IN CONFORMANCE WITH AB 361
The City of Modesto is providing alternatives to view Council meetings and provide public comments. If you wish to make either a general public comment or to comment on a specific agenda item, you may use one of the following options:
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 - 2 -
4/5/2022 5:30:00 PM
and placed in the record, but will not be read aloud during the meeting. Written comments must be received by 3:00 p.m. on the day of the meeting.
VIRTUAL PARTICIPATION BY ZOOM VIDEO
CONFERENCING AND TELEPHONE
Joining the City Council meeting via Zoom
The City of Modesto is now offering the ability to view and participate in 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 participate 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
Providing Public Comment on Zoom and by Telephone
The Mayor will request public comment during the Public Comment periods on the meeting agendas and during each Public Hearing and Regular Calendar Item on the Council Agenda.
Once the Mayor has announced the public comment period, please do one of the following.
USING A COMPUTER OR SMART PHONE APP:
Click on the “Raise Hand” feature in the webinar controls. This will notify City staff that you have raised your hand.
City staff will unmute your microphone when it is your turn to provide public comment.
A prompt will appear to confirm you would like to be unmuted and then you will have three minutes to provide public comment.
Once your public comment has ended, you will be muted again.
USING A REGULAR PHONE (not using a computer or smart phone APP):
Dial *9 (star 9), this will notify City staff that you have “raised your hand” for public comment.
- 3 -
4/5/2022 5:30:00 PM
City staff will unmute your microphone when it is your turn to provide public comment.
You will hear “you are unmuted” and then you will have three minutes to provide public comment.
Once your public comment has ended, you will be muted again. If your phone is unmuted, and you are unable to be heard, the host may ask that you Dial *6 to toggle mute on/off in Zoom.
Additional Zoom resources/support
Please visit Zoom’s website support page on helpful tips to prepare for the meeting:
https://support.zoom.us/hc/en-us/categories/201146643
Pledge of Allegiance to the Flag
Invocation: Jeff Pishney, Love Stanislaus County
City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Recognition of service to Citizens' Districting Commission members (Funding Source:
Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected]
2. Stanislaus County update. (Funding Source: Not Applicable) CITY MANAGER; Joseph Lopez, 209-577-5223, [email protected]
3. Presentation of Proclamation proclaiming April 2022 as National Volunteer Month. (Funding Source: Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected]
4. Presentation of Proclamation proclaiming April Celebrate Diversity Month. (Funding Source: Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected]
5. Presentation of Proclamation proclaiming April 2022 as Fair Housing Month. (Funding Source: Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected]
MISCELLANEOUS
Legislation, Appointments, Other
- 4 -
4/5/2022 5:30:00 PM
6. Consider approving the appointment of Jose Vazquez as the Planning Commission representative to the Citizens Housing and Community Development Committee for 2022, with a term expiration of December 31, 2022. (Funding Source: Not Applicable) Staff Recommendation:
Resolution approving the appointment of Jose Vazquez as the 2022 Planning Commission representative to the Citizens Housing and Community Development Committee (CH&CDC) with a term expiration of December 31, 2022.
CED; Steve Mitchell, 209-577-5267, [email protected]
7. Consider approving the appointment of Amin Vohra as the Planning Commission representative to the Board of Zoning Adjustment (BZA) for 2022, with a term expiration of December 31, 2022. (Funding Source: Not Applicable) Staff Recommendation:
Resolution approving the appointment of Amin Vohra as the 2022 Planning Commission representative to the Board of Zoning Adjustment (BZA) with a term expiration of December 31, 2022.
CED; Steve Mitchell, 209-577-5267, [email protected]
PUBLIC COMMENT PERIOD
Please refer to special public comment instructions above 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.
Any and all of the following agenda items are subject to action by the Modesto City Council.
This Agenda is on file at the Modesto-Stanislaus Library Reference Room, 1500 I Street, - 5 -
4/5/2022 5:30:00 PM
Modesto, in the City Clerk’s Office, Sixth Floor, 10th Street Place, and is available on the City’s Web site at www.modestogov.com.
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 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.
CONSENT ITEMS
An item may be removed from consent and discussed at the request of an audience member or Councilmember.
Consent
8. Consider approving the minutes from the March 8, 2022 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving the minutes from the March 8, 2022 Council Meeting.
CITY CLERK; Dana Sanchez, 209-577-5396, [email protected] Consent
9. Consider approving a resolution continuing to authorize remote teleconference meetings pursuant to Assembly Bill 361. (Funding Source: Not Applicable) Staff Recommendation:
Resolution continuing to authorize remote teleconference meetings of the City of Modesto pursuant to Assembly Bill 361.
CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected] Consent
10. Consider approving the recommended budget adjustments to Fiscal Year 2021-22 Annual Operating and Capital Improvement Program Budgets. (Funding Source:
Various Funds)
Staff Recommendation:
Resolution amending Year 2021-22 Annual Operating and Capital Improvement Project Fund Budgets and authorizing the City Manager, to make the necessary steps to implement the provisions of this resolution.
BUDGET; Steve Christensen, 209-577-5390, [email protected] - 6 -
4/5/2022 5:30:00 PM
Consent
11. Consider accepting the 2021 General Plan Annual Progress Report and authorizing staff to submit it to the State of California. (Funding Source: General Fund) Staff Recommendation:
Resolution accepting the 2021 General Plan Annual Progress Report and authorizing staff to submit it to the State of California.
CED; Cindy van Empel, 209-577-5267, [email protected] Consent
12. Consider approving a Fifth Amendment to the Professional Design Services Agreement for the State Route 132 West Freeway/Expressway - Phase 1 Project with Dokken Engineering, increasing the Agreement amount by $89,227 from $9,155,998 to a total amount not to exceed $9,245,225. (Funding Source: Regional Measure L) Staff Recommendation:
Resolution approving a Fifth Amendment to the Professional Design Services Agreement for the State Route 132 West Freeway/Expressway - Phase 1 Project with Dokken Engineering, increasing the Agreement amount by $89,227 from $9,155,998 to a total not to exceed amount of $9,245,225, and authorizing the City Manager, or his designee, to execute the Fifth Amendment.
CED; John Rawles, 209-577-5253, [email protected]
Consent
13. Consider approving submittal of a grant funding application for the City of Modesto’s Active Transportation Program in the amount of $6,985,000 for the Encina Avenue and Lincoln Avenue Pedestrian/Bicycle Trail Corridor Project. (Funding Source: State of California ATP Grant and Local Funds – Measure L)
Staff Recommendation:
Resolution approving submittal of a grant funding application for the City of Modesto’s Active Transportation Program in the amount of $6,985,000 for the Encina Avenue and Lincoln Avenue Pedestrian/Bicycle Trail Corridor Project and authorizing the City Manager, or his designee, execute and submit all grant documents.
CED; Michael Sacuskie, 209-571-5552, [email protected] Consent
14. Consider approving a Will Serve Letter and Outside Service Agreement for sewer service for the property located at 1421 N. Carpenter Road (APN: 081-028-020). (Funding Source: Sewer Fund, General Fund)
Staff Recommendation:
Resolution approving a Will Serve Letter and Outside Service Agreement between the City of Modesto and Karasheeel, LP, a California limited partnership, to connect to the City of Modesto’s existing sewer system for the property located at 1421 N. Carpenter Road in Modesto (APN: 081-028-020), and authorizing the City Manager, or his designee, to sign the Will Serve Letter and execute the Outside Service Agreement.
CED; Nathan Bray, 209-571-5542, [email protected]
- 7 -
4/5/2022 5:30:00 PM
Consent
15. Consider accepting a Highway Safety Improvement Program (HSIP) Grant in the amount of $100,350 for the installation of Pedestrian Hybrid Beacons at Standiford/Longbridge and Sylvan/Bridgeford project and amending the Fiscal Year 2021/22 Capital Improvement Budget. (Funding Source: Highway Safety Improvement Program (HSIP) grant (90%) and Local Funds – Measure L(10%)) Staff Recommendation:
Resolution accepting a Highway Safety Improvement Program (HSIP) Grant in the amount of $100,350 for the installation of Pedestrian Hybrid Beacons at Standiford/Longbridge and Sylvan/ Bridgeford project, and authorizing the City Manager, or his designee, to execute all funding and Grant related documents. Resolution amending the Fiscal Year 2021/22 Capital Improvement Program (CIP) budget, in the amount of $111,500, and authorizing the City Manager, or his designee, to take the necessary steps to implement the provisions of this resolution.
CED; Phillip Soares, 209-577-5258, [email protected] Consent
16. Consider accepting a Highway Safety Improvement Program (HSIP) Grant in the amount of $147,510 for the Oakdale Road from Lancey Drive to Celeste Drive Improvements project and amending the Fiscal Year 2021/22 Capital Improvement Program Budget. (Funding Source: Highway Safety Improvement Program (HSIP) grant (90%) and Local Funds – Measure L (10%))
Staff Recommendation:
Resolution accepting a Highway Safety Improvement Program (HSIP) Grant in the amount of $147,510 for the Oakdale Road from Lancey Drive to Celeste Drive Improvements project, and authorizing the City Manager, or his designee, to execute all funding and Grant related documents.
Resolution amending the Fiscal Year 2021/22 Capital Improvement Program (CIP) budget, in the amount of $163,900, and authorizing the City Manager or his designee to take the necessary steps to implement the provision of this resolution.
CED; Phillip Soares, 209-577-5258, [email protected] Consent
17. Consider approving a First Amendment to the Agreement with Associated Engineering Group, Inc. for additional professional engineering design services for the Hetch Hetchy and Claratina Avenue Structural Crossing Project, increasing the Agreement amount by $59,795 from $147,845.50 to a new total amount of $207,641. (Funding Source: Local Capital Facilities Fees)
Staff Recommendation:
Resolution approving a First Amendment to the Agreement with Associated Engineering Group, Inc. for additional professional engineering design services for the Hetch Hetchy and Claratina Avenue Structural Crossing Project, increasing the Agreement amount by $59,795 from $147,846 to a new total - 8 -
4/5/2022 5:30:00 PM
amount of $207,641, and authorizing the City Manager, or his designee to execute the First Amendment to Agreement.
CED; Phillip Soares, 209-577-5258, [email protected] Consent
18. Consider accepting the Monthly Investment Report for January 2022. (Funding Source:
Various Funds)
Staff Recommendation:
Motion accepting the Monthly Investment Report for January 2022.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
Consent
19. Consider approving a third one-year extension option for the Purchasing Agreement for Hot Patch work with United Pavement Maintenance, Hughson, CA., for an annual amount not to exceed $3,906,500. (Funding Source: Water Funds 4100 and 4180, Wastewater Fund 4210, and Stormwater Fund 4480)
Staff Recommendation:
Resolution approving a third one-year extension option for the Purchasing Agreement for Hot Patch work with United Pavement Maintenance, Hughson, CA., for an annual amount not to exceed $3,906,500, and authorizing the Director of Finance or her designee to execute the extension.
FINANCE DEPARTMENT; DeAnna Christensen, 209-577-5387,
[email protected]
Consent
20. Consider accepting an informational report for the February 2022 Accounts Payable Payment Register and Void report. (Funding Source: Not Applicable) Staff Recommendation:
Motion accepting an informational report for the February 2022 Accounts Payable Payment Register and Void report.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
Consent
21. Consider accepting an informational report on the November and December 2021 grant applications and awards. (Funding Source: Not Applicable) Staff Recommendation:
Motion accepting an informational report for the November and December 2021 grant applications and awards.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
Consent
22. Consider amending the Position Allocation Plan in three departments: adding one Administrative Office Assistant III allocation in the Modesto Fire Department; and - 9 -
4/5/2022 5:30:00 PM
reallocating two Senior Utility Service Workers to two Senior Plant Mechanics, three Plant Mechanic Trainees to three Plant Mechanic II’s, eliminating two Utilities Service Worker III’s, and amending the salary range of the Plant Maintenance Planner from 134 to 136 in the Utilities Department; and allocating two limited-term Administrative Analyst II’s, and reallocating one Housing Rehabilitation Specialist to a Community Development Program Specialist in the Community and Economic Development Department. (Funding Source: Various Funds)
Staff Recommendation:
Resolution amending the Position Allocation for Fiscal Year 2021-22 as adopted in the Operating Budget.
Resolution amending the Classification Plan for the City of Modesto to amend the Plant Maintenance Planner salary range from 134 to 136.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] Consent
23. Consider approving a Second Amendment to the Legal Services Agreement with Lafayette & Kumagai, LLP in the amount of $200,000, for a total amount not to exceed $245,000 for continued representation in personnel matters and extending the term of the Agreement to April 1, 2024. (Funding Source: General Liability Insurance Fund) Staff Recommendation:
Resolution approving a Second Amendment to the Legal Services Agreement with Lafayette & Kumagai, LLP, in the amount of $200,000, for a total amount not to exceed $245,000, for continued representation in personnel matters, extending the term to April 1, 2024, and authorizing the City Manager or his designee to execute the Agreement.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] Consent
24. Consider approving an Agreement for the purchase of retired City Police canine, Cash, by Sergeant Kalani Souza. (Funding Source: General Fund Revenue) Staff Recommendation:
Resolution approving an Agreement with Sergeant Kalani Souza for the purchase of retired City of Modesto Police canine, Cash, and authorizing the City Manager, or his designee, to execute the Agreement.
POLICE DEPARTMENT; Brian Kleiber, 209-572-9533, [email protected] Consent
25. Consider approving a First Amendment with Sun Valley Transport, Inc., for the hauling of non-hazardous brine services, to increase the amount by $208,910 from $458,915, for a new total amount not to exceed $667,825 over five years. (Funding Source: Water Fund)
Staff Recommendation:
Resolution approving a First Amendment with Sun Valley Transport, Inc., for the hauling of non-hazardous brine services, to increase the amount by $208,910 from $458,915, for a new total amount not to exceed $667,825 over five years, and authorizing the City Manager, or his designee, to execute the - 10 -
4/5/2022 5:30:00 PM
amendment.
UTILITIES; Jeff Daniels, 209-342-4585, [email protected] Consent
26. Consider accepting the 2016 Pavement Rehabilitation Project, STPL-5059(205), La Loma Avenue, as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $2,029,196 to United Pavement Maintenance, Inc. of Hughson, California. (Funding Source: Federal RSTP and Local Control Measure L Fund)
Staff Recommendation:
Resolution accepting the 2016 Pavement Rehabilitation Project, STPL5059(205), La Loma Avenue, as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $2,029,196 to United Pavement Maintenance, Inc. of Hughson, CA.
UTILITIES; Jesse Franco, 209-571-5175, [email protected] Consent
27. Consider accepting the River Trunk Emergency Repair at 7th Street as complete, and authorizing all payments totaling $431,402 to Rolfe Construction, Inc., Atwater, CA and authorizing all payments totaling $182,245 to Rain for Rent, Stockton, CA; and amending the Fiscal Year 2021-22 Capital Improvement Program Budget in the amount of $558,717. (Funding Source: Wastewater Fund)
Staff Recommendation:
Resolution accepting the River Trunk Emergency Repair at 7th Street as complete, and authorizing all payments totaling $431,402 to Rolfe Construction, of Atwater, California, and authorizing all payments totaling $184,245 to Rain for Rent, of Stockton, California.
Resolution amending the Fiscal Year 2021-22 Capital Improvement Program Budget in the amount of $558,717 to be transferred into the project from the Wastewater Fund in order to fully fund the construction, contingency, construction administration and design support during construction for the River Trunk Emergency Repair at 7th Street and authorizing the City Manager, or his designee, to implement the provisions of this resolution.
UTILITIES; Jesse Franco, 209-571-5175, [email protected] Consent
28. Consider approving a First Amendment to the Agreement with Consolidated CM Inc., of Oakland, CA, for construction management, testing and inspection services for the Fleet Maintenance Facility Heavy Bay Addition in the amount of $103,818, for an amended total amount not to exceed $524,127 and approving an amendment to the Agreement with Consolidated CM Inc. for Construction Management, Special Inspection, and Materials Testing Services for the Bus Maintenance Facility Parts Storage Room in the amount of $41,797, for an amended total amount not to exceed $184,512. (Funding Source: Fleet Fund 5400, Bus Fixed Route Fund 4510) Staff Recommendation:
Resolution approving an amendment to the Agreement with Consolidated CM - 11 -
4/5/2022 5:30:00 PM
Inc., of Oakland, CA, for construction management, testing and inspection services for the Fleet Maintenance Facility Heavy Bay Addition in the amount of $103,818, for an amended total not to exceed amount of $524,127 and authorizing the City Manager, or his designee, to execute the amendment. Resolution approving an amendment to the Agreement with Consolidated CM Inc., for Construction Management, Special Inspection, and Materials Testing Services for the Bus Maintenance Facility Parts Storage Room in the amount of $41,797, for an amended total not to exceed amount of $184,512 and authorizing the City Manager, or his designee, to execute the amendment.
UTILITIES; Jesse Franco, 209-571-5175, [email protected] Consent
29. Consider approving an Agreement with LCP Tracker for Certified Payroll monitoring software in the amount of $18,106 for the initial year of implementation, and $13,577 annually for three years, for a total amount not to exceed $58,837. (Funding Source:
Capital Improvement Support Fund)
Staff Recommendation:
Resolution approving an Agreement with LCP Tracker for Certified Payroll monitoring software in the amount of $18,106 for the initial year of implementation, and $13,577 annually for three years, for a total amount not to exceed $58,837, and authorizing the City Manager, or his designee to execute the Agreement.
UTILITIES; Jesse Franco, 209-571-5175, [email protected] Consent
30. Consider approving an Agreement with O’Dell Engineering, Modesto, CA, for Engineering Design Services for the Sonoma Sewer Trunk Phases 3 and 4 Projects in the amount of $72,600 for the identified scope of services, plus $7,260 in additional services, if needed, for a total amount not to exceed $79,860. (Funding Source:
Wastewater)
Staff Recommendation:
Resolution approving an Agreement with O’Dell Engineering, Modesto, CA, for Engineering Design Services for the Sonoma Sewer Trunk Phases 3 and 4 Projects in the amount of $72,600 for the identified scope of services, plus $7,260 in additional services, if needed, for a total amount not to exceed $79,860, and authorizing the City Manager, or his designee, to execute the Agreement.
UTILITIES; Jesse Franco, 209-571-5175, [email protected] Consent
31. Consider approving the plans and specifications for the Highway Village Strengthen & Replace Water Mains Project; accepting the bid and awarding a construction Contract to Rolfe Construction Inc., of Atwater, CA, in the amount of $4,074,366, plus $407,437 for contingency (if needed), for a total amount not to exceed $4,481,803; authorizing the increase in Director’s Authority from 8% ($325,949) to 10% ($407,437) of the construction contract price of $4,074,366 to issue Change Orders; - 12 -
4/5/2022 5:30:00 PM
approving an Agreement with TRC Engineers, Inc. City, CA for Construction Management and Inspection Services in an amount not to exceed $637,000, plus $63,700 for additional services, if needed, for a total amount not to exceed $700,700; and amending the Fiscal Year 2021-22 Capital Improvement Program Budget in the amount of $1,787,746. (Funding Source: Water Fund)
Staff Recommendation:
Resolution approving plans and specifications for the Highway Village Strengthen & Replace Water Mains project, accepting the bid, and approving a construction Contract with Rolfe Construction Inc., of Atwater, CA, in the amount of $4,074,366, plus $407,437 in contingency (if needed), for a total amount not to exceed $4,481,803 and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution authorizing an increase in the Director’s Authority to issue Change Orders for the Highway Village Strengthen & Replace Water Mains Project from 8% ($325,949) to 10% ($407,437) of the construction contract amount of $4,074,366 with Rolfe Construction Inc., of Atwater, CA. Resolution approving an Agreement with TRC Engineers Inc., of Lathrop, CA, for Construction Management and Inspection Services for the Highway Village Strengthen & Replace Water Mains project in an amount not to exceed $637,000 for the identified scope of services, plus $63,700 for additional services (if needed), for a total amount not to exceed $700,700; and authorizing the City Manager, or his designee, to execute the Agreement. Resolution amending the Fiscal Year 2021-22 Capital Improvement Program Budget in the amount of $1,787,746 to be transferred into the project from the Water Fund in order to fully fund the construction, contingency, construction administration and design support during construction for the Highway Village Strengthen & Replace Water Mains project and authorizing the City Manager, or his designee, to implement the provisions of this resolution.
UTILITIES; Jesse Franco, 209-571-5175, [email protected] Consent
32. Consider authorizing the submittal of a grant application to the California Department of Water Resources’ Urban and Multi-Benefit Drought Relief Grant Program for the Well 312 Treatment System & Flush Line Project. (Funding Source: Water Fund) Staff Recommendation:
Resolution authorizing the submittal of a grant application to the California Department of Water Resources’ Urban and Multi-Benefit Drought Relief Grant Program for the Well 312 Treatment System & Flush Line Project.
UTILITIES; Robert Davalos, 209-571-5869, [email protected] Consent
33. Consider approving an increase of purchase with Allsteel Inc., Muscatine, IA, for the procurement of modular systems furniture for the Sutter Plant Offices by $40,787 from $45,157, plus $4,078 in contingency (if needed) for a revised total amount not to exceed $90,022. (Funding Source: Wastewater Fund)
Staff Recommendation:
- 13 -
4/5/2022 5:30:00 PM
Resolution approving an increase of purchase with Allsteel Inc., Muscatine, IA, for the procurement of modular systems furniture for the Sutter Plant Offices by $40,787 from $45,157, plus $4,078 in contingency (if needed) for a revised total amount not to exceed $90,022, and authorizing the Purchasing Manager, or her designee to execute the Purchase Order.
UTILITIES; William Wong, 209-571-5801, [email protected]
COUNCIL COMMENTS & REPORTS
CITY MANAGER COMMENTS & REPORTS
UNFINISHED BUSINESS
34. Consider (i) accepting the plans and specifications for the River Trunk Realignment Shackelford Pump Station Project and awarding a construction Contract to Mountain Cascade Inc, of Livermore, CA, in the amount of $10,156,821 plus $1,015,682 in contingency (if needed), for a total amount not to exceed $11,172,503; (ii) approving an increase in the Director’s Authority from 6% ($609,409) to 10% ($1,015,682) to issue change orders; (iii) approving an Agreement with West Yost Associates for Construction Management Services in the amount of $1,495,674, plus $149,567 in additional services (if needed), for a total amount not to exceed $1,645,241; (iv) approving an Agreement with Carollo Engineers for Engineering Support During Construction in the amount of $1,182,608, plus $118,261 in additional services (if needed), for a total amount not to exceed $1,300,869; and (v) amending the Fiscal Year 2021-22 Capital Improvement Project Program Budget in the amount of $14,593,613. (Funding Source: Wastewater Fund)
Resolution approving plans and specifications for the River Trunk Realignment Shackelford Pump Station Project, accepting the bid, and approving a construction Contract with Mountain Cascade Inc, of Livermore, CA, in the amount of $10,156,821 plus $1,015,682 in contingency (if needed), for a total amount not to exceed $11,172,503 and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution authorizing an increase in the Director’s authority to issue change orders for the River Trunk Realignment Pump Station Project from 6% ($609,409) to 10% ($1,015,682) of the construction Contract price of $10,156,821 with Mountain Cascade Inc., of Livermore, CA. Resolution approving an Agreement with West Yost Associates, of Davis, CA, for Construction Management Services for the River Trunk Realignment Shackelford Pump Station Project in an amount not to exceed $1,495,674 for the identified scope of services, plus $149,567 for additional services (if needed), for a total amount not to exceed $1,645,241, and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution approving an Agreement with Carollo Engineers Inc., of Walnut Creek, CA, for Engineering Support During Construction for the River Trunk - 14 -
4/5/2022 5:30:00 PM
Realignment Shackelford Project, in an amount not to exceed $1,182,608 for the identified scope of services, plus $118,261 for additional services (if needed), for a total amount not to exceed $1,300,869 and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution amending the Fiscal Year 2021-22 Capital Improvement Program Budget in the amount of $14,593,613 to be transferred into the project from Wastewater Reserves to fully fund the construction, contingency, construction administration and design support during construction for the River Trunk Realignment Shackelford Project and authorizing the City Manager, or his designee, to implement the provisions of this resolution.
UTILITIES; Jesse Franco, 209-571-5175, [email protected]
NEW BUSINESS
35. Consider approving a Professional Services Agreement to provide auditing services on an as needed basis with Sjoberg Evashenk Consulting, Inc., Sacramento, CA, for an annual estimated amount of $130,000 for two years, not to exceed $260,000. (Funding Source: General Fund)
Staff Recommendation:
Resolution approving Professional Services Agreement with Sjoberg Evashenk Consulting, Inc., Sacramento, Ca, to provide auditing services on an as needed basis for an annual estimated amount of $130,000 for a two-year contract in an amount not to exceed $260,000, and authorizing the City Manager, or his designee, to execute the Agreement.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected]
36. Consider appointing Diane Nayares-Perez as City Clerk, approving a City Clerk Employment Agreement with Diane Nayares-Perez for service as City Clerk and setting terms of employment, salary and benefits. (Funding Source: General Fund) Staff Recommendation:
Resolution appointing Diane Nayares-Perez as City Clerk, approving a City Clerk Employment Agreement with Diane Nayares-Perez for service as City Clerk, setting terms of employment, salary and benefits, and authorizing the Mayor to execute the Agreement.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [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
- 15 -
4/5/2022 5:30:00 PM
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, APRIL 5, 2022 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:
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Two 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)
Court of Appeals of the State of California
Appeal Case No: A134419
Cherry v. City of Modesto
Case No. 1:18-CV-01268
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
- 16 -
4/5/2022 5:30:00 PM
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 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