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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, August 23, 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.
“Wordly” can translate into 25+ different languages! To access written translation during the meeting, please scan the QR Code or click this link https://attend.wordly.ai/join/RJDY-6364.
"Wordly" puede traducir a más de 25 idiomas diferentes! Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace https://attend.wordly.ai/join/RJDY-6364.
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.
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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 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.
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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 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
Reports from Closed Session
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Presentation of Proclamation declaring August 26, 2022 as Women's Equality Day (Funding Source: Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected]
2. Presentation of Proclamation proclaiming September 17, 2022 as National Clean Up Day (Funding Source: Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected]
3. Presentation of Proclamation proclaiming September 2022 as National Suicide Prevention and Action Month (Funding Source: Not Applicable) CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected] - 4 -
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4. Presentation to Mayor Zwahlen from Modesto Composite MTB Race Team - The Dust Devils for their appreciation in her attendance at the inaugural youth mountain bike race she attended in April. (Funding Source: Not Applicable) CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected]
MISCELLANEOUS
Legislation, Appointments, Other
5. Consider accepting the resignation of Sarah Kashefi from the City’s Blight Abatement Advisory Committee. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution accepting the resignation of Sarah Kashefi from the City of Modesto Blight Abatement Advisory Committee.
CITY MANAGER; Scotty Douglass, 209-577-9149, [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, 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 - 5 -
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(“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
6. Consider approving the minutes from the August 9, 2022 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving the minutes from the August 9, 2022 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
7. Consider approving final adoption of Ordinance 3747-C.S. amending Section 17-3-9 of the zoning map to rezone from Low-Density Residential Zone, R-1, and Commercial Industrial Zone, C-M, to Planned Development Zone, P-D(615), for property located at 1601 and 1625 McHenry Avenue (City initiated). (Funding Source: General Fund) Staff Recommendation:
Motion approving final adoption of Ordinance 3747-C.S. amending Section 17- 3-9 of the zoning map to rezone from Low-Density Residential Zone, R-1, and Commercial Industrial Zone, C-M, to Planned Development Zone, P-D(615), for property located at 1601 and 1625 McHenry Avenue (City initiated).
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
8. Consider approving final adoption of Ordinance 3748-C.S. amending the Zoning Map to rezone property located at 1707 McHenry Ave. from Commercial-Industrial Zone to General Commercial Zone. (Funding Source: General Fund) Staff Recommendation:
Motion approving final adoption of Ordinance 3748-C.S. amending the Zoning Map to rezone property located at 1707 McHenry Ave. from CommercialIndustrial Zone to General Commercial Zone.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
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9. Consider appointing a voting delegate to the 2022 League of California Cities Annual Conference to be held in Long Beach, CA on September 7-9, 2022. (Funding Source:
Not Applicable)
Staff Recommendation:
Motion approving Councilmember Madrigal as a voting delegate and Mayor Zwahlen as the alternate for the 2022 League of California Cities Annual Conference to be held in Long Beach, CA on September 7-9, 2022.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
10. 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
11. Consider approving a Fourth Amendment to the Legal Services Agreement with Allen, Glaessner, Hazelwood & Werth, LLP in the amount of $50,000, for a total agreement amount not to exceed $645,000 for continued representation. (Funding Source: General Liability Insurance Fund)
Staff Recommendation:
Resolution approving a Fourth Amendment to the Legal Services Agreement with Allen, Glaessner, Hazelwood & Werth, LLP in the amount of $50,000, for a total agreement amount not to exceed $645,000, for continued representation and authorizing the City Manager or his designee, to execute the Amendment.
CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected] Consent
12. Consider approving a Second Amendment to the Construction Management Services Agreement with WSP USA Inc. for the State Route 132 West Freeway/Expressway - Phase 1 Project, increasing the Agreement amount by $621,745 plus $62,175 in additional services, if needed, from $11,764,074 for a total amount not to exceed $12,447,994. (Funding Source: Streets Capital Facility Fees) Staff Recommendation:
Resolution approving a Second Amendment to the Construction Management Services Agreement with WSP USA Inc. for the State Route 132 West Freeway/Expressway - Phase 1 Project, increasing the Agreement amount by $621,745 plus $62,175 in additional services, if needed, from $11,764,074 for a total amount not to exceed $12,447,994, and authorizing the City Manager, or his designee to execute the Second Amendment to Agreement.
CED; John Rawles, 209-577-5253, [email protected]
Consent
13. Consider approving a Sixth Amendment to the Professional Design Services - 7 -
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Agreement for the State Route 132 West Freeway/Expressway - Phase 1 Project with Dokken Engineering, increasing the Agreement amount by $154,858 from $9,245,225 to a total amount not to exceed $9,400,083. (Funding Source: Regional Measure L) Staff Recommendation:
Resolution approving a Sixth 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 $154,858 from $9,245,225 to a total amount not to exceed $9,400,083, and authorizing the City Manager, or his designee, to execute the Sixth Amendment.
CED; John Rawles, 209-577-5253, [email protected]
Consent
14. Consider approving a Will Serve Letter and Outside Service Agreement for Sewer Service for the property located at 1420 Elsie Street (APN: 037-030-059). (Funding Source: Sewer Fund, General Fund)
Staff Recommendation:
Resolution approving a Will Serve Letter and Outside Service Agreement to connect to the City of Modesto’s existing sewer system for the property located at 1420 Elsie Street (APN: 037-030-059), and authorizing the City Manager, or his designee, to sign the Will Serve Letter and execute the Outside Service Agreement.
CED; Toby Wells, 209-571-5542, [email protected]
Consent
15. Consider approving the Amended and Restated Memorandum of Agreement with Stanislaus County for the Preliminary Engineering including Final Design Phase of the 7th Street Bridge Project and amending the Fiscal Year 2022-2023 Capital Improvement Program budget. (Funding Source: Streets Capital Facility Fees and Water Fund)
Staff Recommendation:
Resolution approving the Amended and Restated Memorandum of Agreement for the Preliminary Engineering including Final Design Phase of the 7th Street Bridge Project with Stanislaus County increasing the City’s share by $359,278, for a new total amount of $703,778, and authorizing the City Manager, or his designee to execute the Agreement.
Resolution amending the Fiscal Year 2022-2023 Capital Improvement Program (CIP) Budget, Project #100586 in the amount of $261,293 to fund the Amended and Restated Memorandum of Agreement and authorizing the City Manager, or his designee, to take the necessary steps to implement the provisions of this resolution.
CED; Toby Wells, 209-571-5542, [email protected]
Consent
16. Consider approving the competitive bidding process for various Fleet Additions and Replacement Vehicles which includes four Forklifts, six One-ton Trucks, and seven One-ton Stake Side Trucks in the amount not to exceed $1,295,331 and approving - 8 -
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updated pricing for two bid events for Fleet Replacement Vehicles by $55,806. (Funding Source: Fleet Replacement Fund and Modesto Police Grant) Staff Recommendation:
Resolution approving the competitive bidding process from State Department of General Services (DGS) with Cromer Material Handling, Pasadena, CA for four Forklifts for a total amount not to exceed $155,539; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order. Resolution approving the Award of Bid for six One-Ton Trucks to Towne Ford Sales, Redwood City, CA for a total amount not to exceed $536,924; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.
Resolution approving the Award of Bid for seven One-Ton Stake Side Dump Trucks to Towne Ford Sales, Redwood City, CA for a total amount not to exceed $602,868; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.
Resolution approving an increase to the amount for the purchase of two Packer Trucks to Western Truck Center, Stockton, CA by $13,282, increasing the Purchase Order from $501,078 to a new total amount not to exceed $514,360, and authorizing the Purchasing Manager, or her designee, to update the Purchase Order.
Resolution approving an increase to the amount for the purchase of one Chlorine Truck to Interstate Truck Center, Stockton, CA by $42,524, increasing the Purchase Order from $192,601 to a new total amount not to exceed $235,125, and authorizing the Purchasing Manager, or her designee, to update the Purchase Order.
FINANCE DEPARTMENT; Cynthia Kline, 209-577-5412, [email protected]
COUNCIL COMMENTS & REPORTS
CITY MANAGER COMMENTS & REPORTS
UNFINISHED BUSINESS
17. Consider accepting the Forward Together working group recommendations report and directing staff to carry out the appropriate next steps. (Funding Source: Not Applicable)
Resolution accepting the Forward Together working group recommendations report and directing staff to carry out the appropriate next steps.
CITY MANAGER; Allison Van Guilder, 209-577-5228, [email protected]
NEW BUSINESS
18. Consider approving the plans and specifications for the Briggsmore Avenue and Orangeburg Avenue Pavement Rehabilitation Project, accepting the bid, and awarding a contract to United Pavement Maintenance, Inc. of Hughson, CA, in the amount of $7,251,603; authorizing the Director of Utilities to approve Change Orders up to the - 9 -
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cumulative amount of $725,160; approving an Agreement with TRC Engineers, Inc. of Lathrop, CA for Construction Management and Inspection Services in an amount not to exceed $474,378, plus $47,438 for additional services, if needed, for a total amount not to exceed $521,816; and amending the Fiscal Year 2022-2023 Capital Improvement Program (CIP) budget in the amount of $1,408,995. (Funding Source:
Local Measure L Funds)
Staff Recommendation:
Resolution approving the plans and specifications for the Briggsmore Avenue and Orangeburg Avenue Pavement Rehabilitation Project, accepting the bid, and awarding a contract to United Pavement Maintenance, Inc. of Hughson, CA, in the amount of $7,251,603, and authorizing the City Manager, or his designee to execute the Agreement.
Resolution authorizing the Director of Utilities to approve Change Orders up to the cumulative amount of $725,160 (10% of the original contract price) for the Briggsmore Avenue and Orangeburg Avenue Pavement Rehabilitation Project. Resolution approving an Agreement with TRC Engineers, Inc. of Lathrop, CA for Construction Management and Inspection Services for the Briggsmore Avenue and Orangeburg Avenue Pavement Rehabilitation Project in an amount not to exceed $474,378, plus $47,438 for additional services, if needed, for a total amount not to exceed $521,816, and authorizing the City Manager, or his designee to execute the Agreement.
Resolution amending the Fiscal Year 2022-2023 Capital Improvement Program (CIP) budget, Project #101246, #101248, and #101250 in the amount of $1,408,995, and increasing the transfer from the Measure L – Local Road Tax Fund to fund the project 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]
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
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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, AUGUST 23, 2022 at 3:45 PM
and after the regularly scheduled meeting in the Tenth Street Place, Chambers Conference Room, Basement Level, 1010 Tenth Street, Modesto, California.
Any and all of the following agenda items are subject to action being taken by the Modesto City Council.
The business to be considered at said City Council meeting shall consist of a Closed Session concerning the following:
CLOSED SESSION
1. Consider appointing Real Property Negotiators Bill Sandhu, Public Works Director and Jose M. Sanchez, City Attorney for Property: APN: 036-023-002.
Motion appointing Real Property Negotiators Bill Sandhu, Public Works Director and Jose M. Sanchez, City Attorney for Property: APN: 036-023-002.
City Attorney, Jose M. Sanchez, 577-5284, [email protected] CONFERENCE WITH REAL PROPERTY NEGOTIATORS:
(Pursuant to Section 54956.8 of the Government Code)
Property: 617 Airport Way, Modesto, CA 95354, APN: 036-023-002 Property Owners: City of Modesto
Negotiating Parties:
For City: Bill Sandhu, Public Works Director
Jose M. Sanchez, City Attorney
For Leasee: Alex Somerville, Senior Vice President
Under Negotiation: Price and Terms of a Site Lease Option Agreement CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
One Case (Pursuant to Section 54956.9(d)(2) of the Government Code) - 2 -
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CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Two Cases (Pursuant to Section 54956.9(a) of the Government Code) Name of case(s): Brian Ferguson v. City of Modesto
California Workers Compensation Appeals Board
Nos. ADJ14429015
Craig Davis v. City of Modesto
California Workers Compensation Appeals Board
Nos. ADJ10611986 & ADJ11380747
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Six Cases (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: Khatri Brothers v. City of Modesto
Stanislaus County Superior Court
Case No.: CV-19-001846
Baljit Athwal, et al. v. Stanislaus County et al.
United States Eastern District
Case No.: 1:15-CV-00311
Georgia DeFilippo, et al. v. Stanislaus County et al.
United States Eastern District
Case No.: 1:18-CV-00496
Frank Carson v. Stanislaus County et al.
United States Eastern District
Case No.: 2:20-AT-00513
Eduardo Quintanar, Jr. v. Stanislaus County et al.
United States Eastern District
Case No.: 1:18-CV-01402
Walter W. Wells & Scott McFarlane v. Stanislaus County et al.
United States Eastern District
Case No.: 1:20-CV-00770
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
at by
date time signature