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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, February 28, 2023 at 5:30 PM
*Roll Call - Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, 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: Pat Nagle, Redeemer
City Clerk’s Announcements
Declaration of Conflicts of Interest
MISCELLANEOUS
Legislation, Appointments, Other
1. Proclamation declaring March 17th through March 27th as CalTrans Community Days “Spring into Action” (Funding Source: Not Applicable)
PUBLIC WORKS; Myriah Hill, 209-577-5495, [email protected]
PUBLIC COMMENT PERIOD
Please refer to the special 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:
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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 (“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
An item may be removed from consent and discussed at the request of an audience member or Councilmember.
Consent
2. Consider approving the minutes from the February 14, 2023 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving the minutes from the February 14, 2023 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] - 5 -
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Consent
3. Consider approving final adoption of Ordinance 3759-C.S. amending Section 3-
2.1401.1 of Article 14 of Chapter 2 of Title 3 of the Modesto Municipal Code relating to speed limits. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving final adoption of Ordinance 3759-C.S. amending Section 3-
2.1401.1 of Article 14 of Chapter 2 of Title 3 of the Modesto Municipal Code relating to speed limits.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
4. Consider terminating the Local Emergency in response to the Novel Coronavirus (COVID-19). (Funding Source: Not Applicable)
Staff Recommendation:
Resolution terminating the Local Emergency related to the Novel Coronavirus (“COVID-19”).
CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected] Consent
5. Consider supporting a House of Representatives Bill to designate the facility of the United States Postal Service located at 2300 Sylvan Avenue in Modesto, California, as the ‘‘Corporal Michael D. Anderson Jr. Post Office Building”. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution supporting a House of Representatives (H.R.) Bill that Congressman McClintock will be introducing to Congress to designate the facility of the United States Postal Service located at 2300 Sylvan Avenue in Modesto, California, as the ‘‘Corporal Michael D. Anderson Jr. Post Office Building”.
CITY MANAGER; Andrew Gonzales, 209-571-5809, [email protected] Consent
6. Consider approving the First Amendment for the Mayor’s appointments and formatting changes to the City of Modesto’s City Council Liaison Committees list for the 2023 calendar year. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving the changes to the City Council Liaison Committees.
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]
Consent
7. Consider approving a Street Name Change from North Franklin Street to Kansas Avenue Extension to comply with Caltrans requirements and the project approval for State Route 132 Phase 1. (Funding Source: Various Funds) Staff Recommendation:
Resolution approving a Street Name Change from North Franklin Street to Kansas Avenue Extension to comply with Caltrans requirements and the project - 6 -
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approval for State Route 132 Phase 1.
CED; Edwin Borquez, 209-571-5516, [email protected] Consent
8. Consider directing staff to prepare and file the Fiscal Year 2023-24 Engineer’s Annual Report for City of Modesto Landscape Maintenance Assessment District No. 1 (Dry Creek Meadows Subdivisions Nos. 1-6). (Funding Source: Landscape Maintenance Assessment District No. 1)
Staff Recommendation:
Resolution directing staff to prepare and file the Fiscal Year 2023-24 Engineer’s Annual Report for City of Modesto Landscape Maintenance Assessment District No. 1 (Dry Creek Meadows Subdivisions Nos. 1-6).
CED; Peter Ibrahim, 209-577-5211, [email protected] Consent
9. Consider directing staff to prepare and file the Fiscal Year 2023-24 Engineer’s Annual Report for City of Modesto Landscape Maintenance Assessment District No. 2 (Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision and Yosemite Meadows Subdivisions Units 1 and 2). (Funding Source: Landscape Maintenance Assessment District No. 2)
Staff Recommendation:
Resolution directing staff to prepare and file the Fiscal Year 2023-24 Engineer’s Annual Report for City of Modesto Landscape Maintenance Assessment District No. 2 (Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision and Yosemite Meadows Subdivisions Units 1 and 2).
CED; Peter Ibrahim, 209-577-5321, [email protected] Consent
10. Consider directing staff to prepare and file the Fiscal Year 2023-24 Engineer’s Annual Report for City of Modesto Shackelford Landscape and Lighting District. (Funding Source: Shackelford Landscape and Lighting District)
Staff Recommendation:
Resolution directing staff to prepare and file the Fiscal Year 2023-24 Engineer’s Annual Report for City of Modesto Shackelford Landscape and Lighting District.
CED; Peter Ibrahim, 209-577-5321, [email protected], Consent
11. Consider approving the Citywide Risk Assessment prepared by Sjoberg Evashenk Consulting, Inc.. (Funding Source: General Fund)
Staff Recommendation:
Resolution approving the Citywide Risk Assessment prepared by Sjoberg Evashenk Consulting, Inc..
FINANCE DEPARTMENT; DeAnna Christensen, 209-577-5387,
[email protected]
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Consent
12. Consider approving an increase for purchases from Amazon Business Marketplace pursuant to OMNIA Cooperative Contract with Prince William County Schools for an Online Marketplace for Products by the annual estimated amount of $205,000, for a revised annual estimated cost of $380,000, for a total revised amount not to exceed $2,417,581 over eight years. (Funding Source: Various Funds) Staff Recommendation:
Resolution approving an increase for purchases from Amazon Business Marketplace pursuant to OMNIA Cooperative Contract with Prince William County Schools for an Online Marketplace for Products by the annual estimated amount of $205,000, for a revised annual estimated cost of $380,000, for a total revised amount not to exceed $2,417,581 over eight years; and authorizing the City Manager or his designee to execute the Participating Addendum.
FINANCE DEPARTMENT; DeAnna Christensen, 209-577-5387,
[email protected]
Consent
13. Consider approving the Award of Proposal and Agreements to Public Financial Management (PFM) Financial Advisors LLC, San Francisco, California, for Municipal Advisory Services and PFM Swap Advisors LLC, San Francisco, California, for Annual Derivative Valuation Report for a total amount not to exceed $900,000 over the six years, rescinding Resolution 2022-335. (Funding Source: Various Funds) Staff Recommendation:
Resolution approving the Award of Proposal and Agreements to Public Financial Management (PFM) Financial Advisors LLC, San Francisco, California, for Municipal Advisory Services and PFM Swap Advisors LLC, San Francisco, California, for Annual Derivative Valuation Report for a total amount not to exceed $900,000 over the six years, rescinding Resolution 2022- 335; and authorizing the City Manager or his designee to execute the Agreement.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] Consent
14. Consider approving updated pricing for three bid events for Fleet Replacement Vehicles by $110,217. (Funding Source: Fleet Replacement Fund) Staff Recommendation:
Resolution approving an increase to the amount for the purchase of One LowProfile Dump Truck to Towne Ford Sales, Redwood City, CA by $16,552, increasing the Purchase Order from $99,797 to a new total amount not to exceed $116,349, and authorizing the Purchasing Manager, or her designee, to update the Purchase Order.
Resolution approving an increase to the amount for the purchase of Seven OneTon Stake Side Dump Trucks to Towne Ford Sales, Redwood City, CA by $64,194, increasing the Purchase Order from $602,868 to a new total amount not to exceed $667,062, and authorizing the Purchasing Manager, or her - 8 -
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designee, to update the Purchase Order.
Resolution approving an increase to the amount for the purchase of six OneTon Trucks to Towne Ford Sales, Redwood City by $29,471, increasing the Purchase Order from $536,924 to a new total amount not to exceed $566,395, and authorizing the Purchasing Manager, or her designee, to update the Purchase Order.
FINANCE; Dianne Love, 209-571-5614, [email protected] Consent
15. Consider approving the Audited Financial Statements and various audit reports for Fiscal Year 2021-2022, audited by external auditors Hudson Henderson & Company, Inc. for the City’s Annual Comprehensive Financial Report (ACFR), twelve (12) Community Facilities Districts (CFDs), Measure L, Single Audit, and other Miscellaneous Programs and Joint Power Agencies. (Funding Source: Not Applicable) Staff Recommendation:
Resolution approving the Audited Financial Statements and various audit reports for Fiscal Year 2021-2022 audited by external auditors Hudson Henderson & Company, Inc. for the City’s Annual Comprehensive Financial Report (ACFR), twelve (12) Community Facilities Districts (CFDs) and other Miscellaneous Programs and Joint Power Agencies.
Resolution approving the audited Fiscal Year 2021-2022 Federal Single Audit report for the City of Modesto from external auditors Hudson Henderson & Company, Inc.
Resolution approving the Fiscal Year 2021-2022 Auditor’s Report on compliance of the Measure L: Local Roads First Transportation Funding Measure.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
Consent
16. Consider approving an increase of the Director’s Authority of contingency amount of $74,455 with Gruendel Inc. DBA Ray’s Electric in an amount not to exceed $148,910 for the Rectangular Rapid Flashing Beacon Installation Project. (Funding Source:
Measure L Road Tax Fund)
Staff Recommendation:
Resolution approving an increase in the Director’s Authority to issue Change Orders for the Rectangular Rapid Flashing Beacon Installation Project from 10% ($74,455) to 20% ($148,910) of the construction contract price to Gruendel Inc. DBA Ray’s Electric of Oakland, CA in an amount not to exceed $148,910.
PUBLIC WORKS; James Asbhy, 209-571-5116, [email protected] Consent
17. Consider approving the Plans and Specifications for the La Loma Phase 3A Strengthen & Replace Water Mains Project; accepting the Bid and Awarding a Construction Contract to United Pavement Maintenance, Inc., of Hughson, CA, in the amount of - 9 -
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$6,229,282, plus $622,928 for contingency (if needed), for a total amount not to exceed $6,852,210; authorizing the increase in Director’s Authority from 8% ($498,343) to 10% ($622,928) of the construction contract price of $6,229,282 to issue Change Orders; and amending the Fiscal Year 2022-23 Capital Improvement Program Budget in the amount of $2,379,021. (Funding Source: Water Fund) Staff Recommendation:
Resolution approving Plans and Specifications for the La Loma Phase 3A Strengthen & Replace Water Mains Project, accepting the Bid, and approving a Construction Contract with United Pavement Maintenance Inc., of Hughson, CA, in the amount of $6,229,282, plus $622,928 in contingency (if needed), for a total amount not to exceed $6,852,210 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 La Loma Phase 3A Strengthen & Replace Water Mains Project from 8% ($498,343) to 10% ($622,928) of the construction contract amount of $6,229,282 with United Pavement Maintenance Inc., of Hughson, CA. Resolution amending the Fiscal Year 2022-23 Capital Improvement Program Budget in the amount of $2,379,021 to be transferred into the Project from Water Fund Reserves in order to fund the Construction Phase of the La Loma Phase 3A Strengthen & Replace Water Mains Project.
UTILITIES; Edgar Vargas, 209-577-5424, [email protected] Consent
18. Consider approving the increase of a Purchase Order (PO) for Bay City Electric Works, Poway, CA, for the Rental of a Standby Generator for an amount not to exceed $202,040. (Funding Source: Sewer Operation Fund)
Staff Recommendation:
Resolution approving the increase of a Purchase Order with Bay City Electric Works, Poway, CA, for the Rental of a Standby Generator by $162,126 from $39,914 for a revised total amount not to exceed $202,040, and authorizing the Purchasing Manager, or her designee to increase the Purchase Order.
UTILITIES; Jason Farnsworth, 209-577-6255, [email protected]
COUNCIL COMMENTS & REPORTS
CITY MANAGER COMMENTS & REPORTS
NEW BUSINESS
19. Consider accepting Mayor Sue Zwahlen’s Budget Message per Charter Section 1302.1 for the upcoming Fiscal Year 2023-24 budget year. (Funding Source: Not Applicable) Staff Recommendation:
Motion to accept Mayor Sue Zwahlen’s Budget Message per Charter Section 1302.1 for the upcoming Fiscal Year 2023-24 budget year.
BUDGET; Steve Christensen, 209-577-5390, [email protected] - 10 -
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20. Consider approving the Purchase of a GippsAero GA8 airplane from CNC Technologies, Oak Park, CA for a total amount not to exceed $741,578. (Funding Source: Traffic Safety Fund and State Law Enforcement Supplemental Fund) Staff Recommendation:
Resolution approving the Purchase of a GippsAero GA8 airplane from CNC Technologies, Oak Park, CA for a total amount not to exceed $741,578, and authorizing the City Manager, or his designee, to execute the Agreement and other necessary documents.
POLICE; Ivan Valencia, 209-572-9500, [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
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
at by
date time signature