- 1 -
6/14/2022 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, June 14, 2022 at 5:30 PM
*Roll Call - Councilmembers Escutia-Braaton, Kenoyer, Madrigal, Ricci, Wright, 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 -
6/14/2022 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.
City staff will unmute your microphone when it is your turn to provide - 3 -
6/14/2022 5:30:00 PM
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: Anthony Bargas, The Center Church
City Clerk’s Announcements
Declaration of Conflicts of Interest
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Presentation of Proclamation proclaiming June 19, 2022, as Juneteenth in the City of Modesto. (Funding Source: Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected]
2. Proclamation recognizing Society for Disabilities 75th Anniversary. (Funding Source:
Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [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.
- 4 -
6/14/2022 5:30:00 PM
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, 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
3. Consider approving the minutes from the June 7, 2022 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving the minutes from the June 7, 2022 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
4. 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] - 5 -
6/14/2022 5:30:00 PM
Consent
5. Consider approving a Second Amendment to extend the completion date to December 31, 2022, for the Construction Zone Enhanced Enforcement Program (COZEEP) Agreement No. 19R465000 with the State of California, Department of Highway Patrol for the State Route 132 West Freeway/Expressway Phase 1 Project (Funding Source:
Not Applicable)
Staff Recommendation:
Resolution approving a no-cost Second Amendment to extend the completion date to December 31, 2022, for the Construction Zone Enhanced Enforcement Program (COZEEP) Agreement No. 19R465000 with the State of California, Department of Highway Patrol for the State Route 132 West Freeway/Expressway Phase 1 Project, and authorizing the City Manager, or his designee to execute the Amendment to Agreement.
CED; John Rawles, 209-577-5253, [email protected]
Consent
6. Consider approving a First Amendment with Ferguson Waterworks for the Purchase of Circle Clamps, Gaskets, Pipe Couplings, Tapping Sleeves and Sewer Materials for a revised estimated annual amount from $340,000 to $575,000 and a total revised amount not to exceed from $1,700,000 to $2,405,000 over five years. (Funding Source:
Water and Wastewater Fund)
Staff Recommendation:
Resolution approving a First Amendment with Ferguson Waterworks for the Purchase of Circle Clamps, Gaskets, Pipe Couplings, Tapping Sleeves and Sewer Materials for a revised estimated annual amount from $340,000 to $575,000 and a total revised amount not to exceed from $1,700,000 to $2,405,000 over five years, and authorizing the Director Finance or her designee to execute the Amendment; and authorizing the Director of Finance, or her designee, the ability to add parts based on the department’s needs, ensuring the total cost does not exceed the authorized amount.
FINANCE DEPARTMENT; Cynthia Kline, 209-577-5412, [email protected] Consent
7. Consider approving the Award of Bid and Agreement for the Furnishing of Personal Protection Equipment (PPE) Cleaning, Inspection and Repair Services to Scotts PPE Recon Inc., Lodi, CA for the Modesto Fire Department, for a two-year Agreement, with three one-year extension options, for an estimated annual amount of $50,000 and total amount not to exceed $250,000 over five years. (Funding Source: General Fund) Staff Recommendation:
Resolution approving the Award of Bid and Agreement for the Furnishing of Personal Protection Equipment (PPE) Cleaning, Inspection and Repair Services to Scotts PPE Recon Inc., Lodi, CA for the Modesto Fire Department, for a two-year Agreement, with three one-year extension options, for an estimated annual amount of $50,000 and total amount not to exceed $250,000 over five years, and authorizing the City Manager, or his designee to execute the Agreement.
- 6 -
6/14/2022 5:30:00 PM
FIRE DEPARTMENT; Alan Ernst, 209-572-9590, [email protected] Consent
8. Consider approving the Award of Proposal and Agreement for Workers’ Compensation Claims Management Services to Athens Administrators, Inc., Concord, California, for a two-year Agreement with three, one-year extension options, for an estimated annual amount of $480,430 and a total amount not to exceed $2,511,820 over five years. (Funding Source: Workers’ Compensation Fund)
Staff Recommendation:
Resolution approving the Award of Proposal and Agreement for Workers’ Compensation Claims Management Services to Athens Administrators, Inc., Concord, California, for a two-year Agreement with three, one-year extension options, for an estimated annual amount of $480,430 and a total amount not to exceed $2,511,820 over five years; and authorizing the City Manager, or his designee, to execute the Agreement.
HUMAN RESOURCES; Joe Rodriguez, 209-577-5446, [email protected] Consent
9. Consider rejecting all bids received for Request for Bid No. 2122-23 for Building Intrusion Alarm Services, and authorizing staff, to re-evaluate and re-issue at a future date. (Funding Source: Various Funds)
Staff Recommendation:
Resolution considering rejecting all bids received for Request for Bid (RFB) No. 2122-23 for Building Intrusion Alarm Services and authorizing staff to reevaluate and re-issue at a future date.
PUBLIC WORKS; Patrick Crowley, 209-342-2274, [email protected] Consent
10. Consider approving a Third Amendment to the Agreement with e-Builder, Inc., Plantation, FL, for a one-year extension for Construction Management Software in an amount not to exceed $79,013 for System Maintenance, Support and Licensing. (Funding Source: Capital Improvement Support Fund)
Staff Recommendation:
Resolution approving a Third Amendment to the Agreement with e-Builder, Inc., Plantation, FL, for a one-year extension for Construction Management Software in an amount not to exceed $79,013 for System Maintenance, Support and Licensing, and authorizing the City Manager, or his designee, to execute the Amendment.
UTILITIES; Robert Davalos, 209-571-5869, [email protected]
COUNCIL COMMENTS & REPORTS
CITY MANAGER COMMENTS & REPORTS
- 7 -
6/14/2022 5:30:00 PM
HEARINGS
Published in the Modesto Bee on May 26, 2022.
11. Hearing to consider approving the Annual Rate Adjustment to the Maximum Rate Schedule for Implementation of Senate Bill (SB) 1383 provisions and Solid Waste Collection Service Contractual Agreements provided by solid waste haulers for an increase of $8.40 per month for residential services, an increase of $9.95 per cubic yard for commercial services, and an increase of $8.05 per pull for industrial services to become effective July 1, 2022, and an increase of $5.40 per month for residential services, an increase of $25 per cart (recycling/organics) for commercial services to become effective January 1, 2023, and rescinding Resolution No. 2021-217, and increasing the fuel rates by $0.33 for residential and $0.47 for commercial to become effective on July 1, 2022, and rescinding Resolution No. 2021-217. (Funding Source:
Solid Waste Funds, Compost Funds)
Staff Recommendation:
Resolution approving the Annual Rate Adjustment to the Maximum Rate Schedule for City Solid Waste Collection Services provided by the garbage haulers and by R3 Consultants, for an increase of $8.40 per month for residential services, an increase of $9.95 per cubic yard for commercial services, and an increase of $8.05 per pull for industrial services to become effective July 1, 2022, and an increase of increase of $5.40 per month for residential services, an increase of $25 per organics and/or recycling cart (collected once a week) for commercial services to become effective January 1, 2023 and rescinding Resolution No. 2021-217 for the July 1, 2022 and the January 1, 2023 rate adjustment.
Resolution approving a quarterly fuel rate adjustment to the maximum rate schedule for City Solid Waste Collection Services provided by the haulers, for an increase of $0.33 per month for residential services, and an increase of $0.47 per cubic yard for commercial services, to become effective July 1, 2022, and rescinding Resolution No. 2021-217 for the July 1, 2021 Annual Rate Adjustment.
PUBLIC WORKS; Rosene Salmo, 209-577-5453, [email protected]
NEW BUSINESS
12. Consider approving a resolution authorizing the City of Modesto to utilize the services of David Savidge on an interim basis to fulfill the duties of Wastewater Division Manager for a limited duration of up to six months or until the recruitment is completed, whichever is first. (Funding Source: Wastewater Fund- 4210) Staff Recommendation:
Resolution authorizing the City of Modesto to utilize the services of David Savidge on an interim basis to fulfill the duties of Wastewater Division Manager for a limited duration of up to six months or until the recruitment is completed, whichever is first; and authorizing the City Manager, or his designee, to take the necessary steps to implement the provisions of the action.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] - 8 -
6/14/2022 5:30:00 PM
13. Consider adopting a Finding of Conformance for the JM Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project, approving a Grant Agreement in the amount of $10,000,000 with the California State Water Resources Control Board; approving a Consultant Agreement with Woodard & Curran, Inc., Sacramento, CA, for Engineering Design Services in the amount of $1,914,421 for the identified scope of services plus $191,443 in additional services, if needed, for a total amount not to exceed $2,105,864, and amending the Fiscal Year 2022/23 Capital Improvement Program Budget in the amount of $9,101,535. (Funding Source: Water & Wastewater Funds)
Staff Recommendation:
Resolution finding that the JM Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project is within the scope of the project covered by the Final Environmental Impact Report for the City of Modesto Wastewater Master Plan (SCH # 2013082006).
Resolution approving a Grant Agreement for $10,000,000 with State Water Resources Control Board to receive the Proposition 1 Round 2 Stormwater Grant for the JM Pike Park Stormwater to Sanitary Sewer Cross Connection Removal; authorizing the City Manager, or his designee, to execute all grantrelated documents and enter into an Agreement to receive the grant funds, when awarded; and authorizing the Director of Finance to be the signatory of grant invoice forms during requests for reimbursements.
Resolution approving an Agreement with Woodard and Curran Inc., Sacramento, CA, for Engineering Design Services for the JM Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project in the amount $1,914,421 for the identified scope of services, plus $191,443 in additional services, if needed, for a total amount not to exceed $2,105,864, and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution amending the Fiscal Year 2022/23 Capital Improvement Program budget in the amount of $9,101,535 to be transferred into the projects 101313 and 100851 from Wastewater and Water Fund Reserves in order to fully fund the JM Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project.
UTILITIES; Cristian Ciotau, 209-577-5260, [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.
- 9 -
6/14/2022 5:30:00 PM
ADJOURNMENT
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
at by
date time signature