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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, April 05, 2022 at 5:30 PM
Roll Call – Present: Councilmembers Escutia-Braaton, Madrigal (arrived at 5:38 p.m.), Ricci, Wright, Mayor Zwahlen
Absent: Councilmembers Kenoyer and Zoslocki
Pledge of Allegiance to the Flag
Invocation: Jeff Pishney, Love Stanislaus County gave the invocation and an update regarding the upcoming Love Modesto event on April 30th.
City Clerk’s Announcements: None
Declaration of Conflicts of Interest: None
Reports from Closed Session: No reportable action.
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] ACTION: Mayor Zwahlen presented certificates to the members of the Citizens' Districting Commission.
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2. Stanislaus County update. (Funding Source: Not Applicable) CITY MANAGER; Joseph Lopez, 209-577-5223, [email protected] ACTION: No County update was given.
3. Presentation of Proclamation proclaiming April 2022 as National Volunteer Month. (Funding Source: Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected] ACTION: Laurie Smith expressed her gratitude and spoke regarding volunteerism as a service to their community. Mayor Zwahlen presented a proclamation declaring April 2022 as National Volunteer Month.
4. Presentation of Proclamation proclaiming April Celebrate Diversity Month. (Funding Source: Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected] ACTION: Mayor Zwahlen presented a proclamation declaring April as Celebrate Diversity Month. Christina Alger spoke regarding the City's Diversity, Equity, and Inclusion Program, and encouraged the public to apply for the new Commission recently formed. She thanked her staff for all their work on this program.
5. Presentation of Proclamation proclaiming April 2022 as Fair Housing Month. (Funding Source: Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected] ACTION: Mayor Zwahlen presented a proclamation declaring April 2022 as Fair Housing Month.
MISCELLANEOUS
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] ACTION: (Escutia-Braaton/Wright; 5/0; Kenoyer, Zoslocki Absent) Resolution 2022-142 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.
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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] ACTION: (Wright/Madrigal; 5/0; Kenoyer, Zoslocki Absent) Resolution 2022-143 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.
PUBLIC COMMENT PERIOD
Lori Wolf spoke regarding life in Wood Colony and gave some back history and update to new Councilmembers regarding Wood Colony's desire to not be annexed into the City of Modesto, nor included in the next Sphere of Influence update. Robin Hennings spoke regarding their grass roots effort to protect and preserve the Wood Colony area and expressed their desire NOT to be annexed to the City of Modesto. She also gave back history regarding Measure I Stamp Out Sprawl campaign of 2015 and the establishment of the Wood Colony Municipal Advisory Council. (MAC)
Lisa Dovichi-Braden spoke regarding the development of an Urban Limit Line (ULL) without input from residents of Wood Colony. She asked the Council to leave Wood Colony alone and vowed to continue the fight to save the ag land of Wood Colony. Lani Turner spoke regarding their desire to save Wood Colony, and not be annexed to the City of Modesto. She reminded Council that Wood Colony Community Association is still actively involved in their efforts to preserve prime farmland soil, protect their heritage and rural way of life, and prevent urban sprawl. She asked that the Beckwith/Dakota CPD from the General Plan maps.
Patricia Uribe spoke regarding a public safety issue of speeding and drunk driving on East Orangeburg Ave. Several accidents have happened in her neighborhood, and she asked for DUI enforcement in that area.
Terry Hopkins also spoke regarding multiple accidents in the East Orangeburg Avenue neighborhood due to speeding and drunk drivers. He expressed his hope that something is done before something tragic happens.
Scott Bird also spoke regarding the ongoing issues with drunk drivers from a specific bar in their neighborhood and asked the Council to take action. - 4 -
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Ron Dafford spoke regarding his complaints about sidewalk repair not being up to ADA standards.
Diane Kroeze spoke in support of Wood Colony and opposed annexing Wood Colony to the City.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS 8-33: (Wright/Escutia-Braaton; 5/0; Kenoyer and Zoslocki absent)
CONSENT ITEMS
Consent
8. Consider approving the minutes from the March 8, 2022 Council Meeting. (Funding Source: Not Applicable)
Motion approving the minutes from the March 8, 2022 Council Meeting.
CITY CLERK; Dana Sanchez, 209-577-5396, [email protected] ACTION: (Wright/Escutia-Braaton; 5/0; Kenoyer, Zoslocki Absent) Motion approving the minutes from the March 8, 2022 Council Meeting.
Consent
9. Consider approving a resolution continuing to authorize remote teleconference meetings pursuant to Assembly Bill 361. (Funding Source: Not Applicable) 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] ACTION: (Wright/Escutia-Braaton; 5/0; Kenoyer, Zoslocki Absent) Resolution 2022-144 continuing to authorize remote teleconference meetings of the City of Modesto pursuant to Assembly Bill 361.
Consent
10. Consider approving the recommended budget adjustments to Fiscal Year 2021-22 Annual Operating and Capital Improvement Program Budgets. (Funding Source:
Various Funds)
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] ACTION: (Wright/Escutia-Braaton; 5/0; Kenoyer, Zoslocki Absent) Resolution 2022-145 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.
Consent
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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) 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] ACTION: (Wright/Escutia-Braaton; 5/0; Kenoyer, Zoslocki Absent) Resolution 2022-146 accepting the 2021 General Plan Annual Progress Report and authorizing staff to submit it to the State of California.
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) 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]
ACTION: (Wright/Escutia-Braaton; 5/0; Kenoyer, Zoslocki Absent) Resolution 2022-147 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.
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)
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] ACTION: (Wright/Escutia-Braaton; 5/0; Kenoyer, Zoslocki Absent) Resolution 2022-148 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.
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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)
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]
ACTION: (Wright/Escutia-Braaton; 5/0; Kenoyer, Zoslocki Absent) Resolution 2022-149 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.
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%)) 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] ACTION: (Wright/Escutia-Braaton; 5/0; Kenoyer, Zoslocki Absent) Resolution 2022-150 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.
ACTION: (Wright/Escutia-Braaton; 5/0; Kenoyer, Zoslocki Absent) Resolution 2022-151 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.
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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%))
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] ACTION: (Wright/Escutia-Braaton; 5/0; Kenoyer, Zoslocki Absent) Resolution 2022-152 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.
ACTION: (Wright/Escutia-Braaton; 5/0; Kenoyer, Zoslocki Absent) Resolution 2022-153 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.
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)
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 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] ACTION: (Wright/Escutia-Braaton; 5/0; Kenoyer, Zoslocki Absent) Resolution 2022-154 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 - 8 -
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new total amount of $207,641, and authorizing the City Manager, or his designee to execute the First Amendment to Agreement.
Consent
18. Consider accepting the Monthly Investment Report for January 2022. (Funding Source:
Various Funds)
Motion accepting the Monthly Investment Report for January 2022.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
ACTION: (Wright/Escutia-Braaton; 5/0; Kenoyer, Zoslocki Absent) Motion accepting the Monthly Investment Report for January 2022.
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)
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]
ACTION: (Wright/Escutia-Braaton; 5/0; Kenoyer, Zoslocki Absent) Resolution 2022-155 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.
Consent
20. Consider accepting an informational report for the February 2022 Accounts Payable Payment Register and Void report. (Funding Source: Not Applicable) 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]
ACTION: (Wright/Escutia-Braaton; 5/0; Kenoyer, Zoslocki Absent) Motion accepting an informational report for the February 2022 Accounts Payable Payment Register and Void report.
Consent
21. Consider accepting an informational report on the November and December 2021 grant applications and awards. (Funding Source: Not Applicable) Motion accepting an informational report for the November and December - 9 -
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2021 grant applications and awards.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Wright/Escutia-Braaton; 5/0; Kenoyer, Zoslocki Absent) Motion accepting an informational report for the November and December 2021 grant applications and awards.
Consent
22. Consider amending the Position Allocation Plan in three departments: adding one Administrative Office Assistant III allocation in the Modesto Fire Department; and 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)
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] ACTION: (Wright/Escutia-Braaton; 5/0; Kenoyer, Zoslocki Absent) Resolution 2022-156 amending the Position Allocation for Fiscal Year 2021-22 as adopted in the Operating Budget.
ACTION: (Wright/Escutia-Braaton; 5/0; Kenoyer, Zoslocki Absent) Resolution 2022-157 amending the Classification Plan for the City of Modesto to amend the Plant Maintenance Planner salary range from 134 to 136.
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) 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] ACTION: (Wright/Escutia-Braaton; 5/0; Kenoyer, Zoslocki Absent) Resolution 2022-158 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 - 10 -
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City Manager or his designee to execute the Agreement.
Consent
24. Consider approving an Agreement for the purchase of retired City Police canine, Cash, by Sergeant Kalani Souza. (Funding Source: General Fund Revenue) 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] ACTION: (Wright/Escutia-Braaton; 5/0; Kenoyer, Zoslocki Absent) Resolution 2022-159 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.
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)
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 amendment.
UTILITIES; Jeff Daniels, 209-342-4585, [email protected] ACTION: (Wright/Escutia-Braaton; 5/0; Kenoyer, Zoslocki Absent) Resolution 2022-160 approving a First Amendment with Sun Valley Transport, Inc., for the hauling of nonhazardous 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 amendment.
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)
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] ACTION: (Wright/Escutia-Braaton; 5/0; Kenoyer, Zoslocki Absent) Resolution 2022-161 - 11 -
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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, CA.
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)
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] ACTION: (Wright/Escutia-Braaton; 5/0; Kenoyer, Zoslocki Absent) Resolution 2022-162 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.
ACTION: (Wright/Escutia-Braaton; 5/0; Kenoyer, Zoslocki Absent) Resolution 2022-163 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.
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) Resolution approving an amendment to the Agreement with Consolidated CM Inc., of Oakland, CA, for construction management, testing and inspection - 12 -
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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] ACTION: (Wright/Escutia-Braaton; 5/0; Kenoyer, Zoslocki Absent) Resolution 2022-164 approving an 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 not to exceed amount of $524,127 and authorizing the City Manager, or his designee, to execute the amendment.
ACTION: (Wright/Escutia-Braaton; 5/0; Kenoyer, Zoslocki Absent) Resolution 2022-165 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.
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)
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] ACTION: (Wright/Escutia-Braaton; 5/0; Kenoyer, Zoslocki Absent) Resolution 2022-166 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.
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:
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Wastewater)
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] ACTION: (Wright/Escutia-Braaton; 5/0; Kenoyer, Zoslocki Absent) Resolution 2022-167 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.
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; 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)
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 - 14 -
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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] ACTION: (Wright/Escutia-Braaton; 5/0; Kenoyer, Zoslocki Absent) Resolution 2022-168 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.
ACTION: (Wright/Escutia-Braaton; 5/0; Kenoyer, Zoslocki Absent) Resolution 2022-169 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.
ACTION: (Wright/Escutia-Braaton; 5/0; Kenoyer, Zoslocki Absent) Resolution 2022-170 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.
ACTION: (Wright/Escutia-Braaton; 5/0; Kenoyer, Zoslocki Absent) Resolution 2022-171 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.
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) 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] ACTION: (Wright/Escutia-Braaton; 5/0; Kenoyer, Zoslocki Absent) Resolution 2022-172 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.
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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)
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] ACTION: (Wright/Escutia-Braaton; 5/0; Kenoyer, Zoslocki Absent) Resolution 2022-173 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.
COUNCIL COMMENTS & REPORTS
Councilmember Ricci spoke regarding MoBand and the Concerts in the Park at Graceada, and exploring the opportunity for music and events in other parks. He also spoke regarding the improvements at the dog park. Finally, he spoke regarding the continued need for Safe Parking especially during this housing crisis.
Councilmember Escutia-Braaton spoke regarding an event she, as well as Mayor Zwahlen and Councilmember Madrigal attended for the New Hire's and Promotional Ceremony for the Modesto Police Department, and how impressed she was. She also spoke regarding her visit with the Mayor to the Salvation Army and Berberian Emergency Shelter. She was impressed with the amount of work done with such meager resources including the cleanliness, quietness, and organization. She was also impressed with the mail room, and the services they offer to residents at the shelter. She also spoke regarding the need for Safe Parking as well. Lastly, she also spoke regarding blight in Modesto. She expressed to the community that it's an issue that is important to the Council, and that Council is listening to the community's concerns for a cleaner, safer, more attractive Modesto.
Councilmember Madrigal thanked City staff for responding to a request regarding sidewalk repair. He also spoke regarding traffic driving the wrong way down a street near Modesto High School, and street drainage near the school as well. He also spoke regarding video surveillance to prevent illegal dumping. He also spoke regarding the Police Department promotion ceremony and investing funding towards public safety. He also spoke regarding the need for Safe Parking. And finally he spoke regarding vacant and blighted businesses and his desire to mitigate the blight.
Mayor Zwahlen spoke regarding her upcoming State of the City address, and also the upcoming Mayor's meetings in the parks of each district. She expressed that this is an - 16 -
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opportunity for community members to interact directly with the Mayor and City staff.
CITY MANAGER COMMENTS & REPORTS
City Manager Joseph Lopez gave a brief Safe Parking update.
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 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 - 17 -
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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] ACTION: (Wright/Escutia-Braaton; 5/0; Kenoyer, Zoslocki Absent) Resolution 2022-174 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.
ACTION: (Wright/Escutia-Braaton; 5/0; Kenoyer, Zoslocki Absent) Resolution 2022-175 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.
ACTION: (Wright/Escutia-Braaton; 5/0; Kenoyer, Zoslocki Absent) Resolution 2022-176 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.
ACTION: (Wright/Escutia-Braaton; 5/0; Kenoyer, Zoslocki Absent) Resolution 2022-177 approving an Agreement with Carollo Engineers Inc., of Walnut Creek, CA, for Engineering Support During Construction for the River Trunk 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.
ACTION: (Wright/Escutia-Braaton; 5/0; Kenoyer, Zoslocki Absent) Resolution 2022-178 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.
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)
Resolution approving Professional Services Agreement with Sjoberg Evashenk Consulting, Inc., Sacramento, Ca, to provide auditing services on an as needed - 18 -
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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] ACTION: (Wright/Zwahlen; 5/0; Kenoyer, Zoslocki Absent) Resolution 2022-179 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.
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) 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] ACTION: (Wright/Escutia-Braaton; 5/0; Kenoyer, Zoslocki Absent) Resolution 2022-180 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.
MATTERS TOO LATE FOR THE AGENDA
None
ADJOURNMENT
This meeting adjourned at 7:22 P.M.
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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, 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
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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 Attest:____________________________
Dana Sanchez, Interim City Clerk