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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, March 14, 2023 at 5:30 PM
Roll Call - Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
“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
Effective March 1, 2023, if a technical issue arises with Zoom or the phone dial-in option, the City Council meeting will continue unless the meeting is being held pursuant to the provisions of Assembly Bill 2449. Alternative viewing options are listed below and the meeting is physically open to the public.
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
As a courtesy, 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 two hours before 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
Reports from Closed Session
MISCELLANEOUS
Legislation, Appointments, Other
1. Consider nominating Council Member Rosa Escutia-Braaton to the San Joaquin Valley Special City Selection Committee for appointment to the San Joaquin Valley Air Pollution Control District Governing Board. (Funding Source: Not Applicable) Staff Recommendation:
Resolution nominating Council Member Rosa Escutia-Braaton to the San Joaquin Valley Special City Selection Committee for appointment to the San Joaquin Valley Air Pollution Control District Governing Board.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] - 4 -
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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:
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 in the City Clerk’s Office, Sixth Floor, 10th Street Place, Posting Board at entry of 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.
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Consent
2. Consider approving the minutes from the March 7, 2023 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving the minutes from the March 7, 2023 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
3. Consider accepting the 2022 General Plan Annual Progress Report and authorizing staff to submit it to the State of California. (Funding Source: General Fund) Staff Recommendation:
Resolution accepting the 2022 General Plan Annual Progress Report and authorizing staff to submit it to the State of California.
CED; Jessica Hill, 209-577-5211, [email protected]
Consent
4. Consider approving the Award of Proposal and Professional Services Agreement to Seer World, Inc, Roswell, Georgia for Urban Planning and Project Management Support for $542,000, including a 20% contingency, for a total amount not to exceed $650,400. (Funding Source: American Rescue Plan Act)
Staff Recommendation:
Resolution approving the Award of Proposal and Professional Services Agreement to Seer World, LLC., Roswell, Georgia for Urban Planning and Project Management Support for $542,000, including a 20% contingency in the amount of $108,400, for a total amount not to exceed $650,400, and authorizing the City Manager, or his designee, to execute the Agreement. Resolution approving the use of American Rescue Plan Act funds to fund the Agreement with Seer World, LLC. for Urban Planning and Project Management Support in the amount of $542,000, including a 20% contingency in the amount of $108,400, for a total amount not to exceed $650,400, and amending the Fiscal Year 2022-2023 non-capital budget in the American Rescue Grants Fund (Fund 390), and authorizing the City Manager to carry out the necessary steps to implement the adjustment described above.
CED; Edgar Garcia, 209-571-5101, [email protected] Consent
5. Consider approving the vacation of two Sewer Easements located northwest of the Crows Landing Road/Pueblo Avenue Intersection and Land Exchange Agreement between The City of Modesto, Southwest Hide Co. and Modesto Holding Company for the disposition of approximately 65,776 square feet of City property in exchange for receipt of approximately 103,819 square feet of property both of which are located approximately adjacent to Crowns Landing Road between the CA-99 Freeway and Zeff Road. (Funding Source: Developer Application Fees)
Staff Recommendation:
Resolution approving the vacation of two Sewer Easements located northwest of the Crows Landing Road/Pueblo Avenue Intersection.
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Resolution approving a Land Exchange Agreement between The City of Modesto, Southwest Hide Co. and Modesto Holding Company for the disposition of approximately 65,776 square feet of City property in exchange for receipt of approximately 103,819 square feet of property both of which are located approximately adjacent to Crows Landing Road between CA-99 Freeway and Zeff Road.
CED; Katherine Martin, 209-577-5267, [email protected] Consent
6. Consider approving a Seventh Amendment to the Agreement with Dokken Engineering for the State Route 99/Pelandale Avenue Interchange – Phase 2 Project, to increase the existing Agreement to a total amount not to exceed $3,665,791. (Funding Source:
Streets Capital Facility Fees)
Staff Recommendation:
Resolution approving a Seventh Amendment to the Agreement with Dokken Engineering for the State Route 99/Pelandale Avenue Interchange – Phase 2 Project, to increase the existing Agreement by $46,558, plus $20,000 additional services, if needed, from $3,599,233 for a total amount not to exceed $3,665,791 and authorizing the City Manager, or his designee to execute the Seventh Amendment.
CED; Phillip Soares, 209-577-5258, [email protected] Consent
7. Consider approving a Seventh Amendment to the Agreement with Dokken Engineering for the State Route 132 West Freeway/Expressway - Phase 1 Project to increase the existing Agreement to a total amount not to exceed $9,499,031. (Funding Source:
Regional Measure L funds)
Staff Recommendation:
Resolution approving a Seventh Amendment to the Agreement with Dokken Engineering for the State Route 132 West Freeway/Expressway - Phase 1 Project to increase the existing Agreement by $98,948, from $9,400,083 to a total amount not to exceed $9,499,031 and authorizing the City Manager, or his designee to execute the Seventh Amendment.
CED; John Rawles, 209-577-5253, [email protected]
Consent
8. Consider approving the Prequalified Consultant List and Consultant Agreements consisting of O’Dell Engineering Group; Harris and Associates, Inc.; Yamabe and Horn Engineering, Inc; and DF Engineering Inc. for Engineering Plan Check, Map Check and Land Surveying Services for a period of three years, with two additional one-year renewal options. (Funding Source: Developer Fees) Staff Recommendation:
Resolution approving the Prequalified Consultant List and Consultant Agreements consisting of O’Dell Engineering Group; Harris and Associates, Inc.; Yamabe and Horn Engineering, Inc; and DF Engineering Inc. for Engineering Plan Check, Map Check and Land Surveying Services for a period - 7 -
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of three years, with two additional one-year extension options; for a combined annual estimated cost of $160,000 and a total amount not to exceed $800,000 over five years, and authorizing the City Manager or his designee to execute the Consultant Agreements.
CED; Toby Wells, 209-571-5542, [email protected]
Consent
9. Consider accepting the Public Improvements of Icon at the Village Subdivision located south of Sharon Avenue between Yellowhammer Lane and Snowy Egret Street, west of Claus Road, and releasing securities upon expiration of statutory periods. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution accepting the Public Improvements for Icon at the Village Subdivision, located south of Sharon Drive, south of Yellowhammer Lane, authorizing the City Clerk to file a Notice of Completion with the Stanislaus County Recorder’s Office, and to release securities upon expiration of statuary periods.
CED; Toby Wells, 209-571-5542, [email protected]
Consent
10. Consider accepting the Public Improvements of Metro at the Village Subdivision located southeast of Floyd Avenue at Roselle Avenue and releasing securities upon expiration of statutory periods. (Funding Source: Not Applicable) Staff Recommendation:
Resolution accepting the Public Improvements for Metro at the Village Subdivision, located southeast of Floyd Avenue at Roselle Avenue, authorizing the City Clerk to file a Notice of Completion with the Stanislaus County Recorder’s Office, and to release securities upon expiration of statuary periods.
CED; Toby Wells, 209-571-5542, [email protected]
Consent
11. Consider accepting the Public Improvements of Trails at Falling Leaf Subdivision located at the northwest corner of Floyd Avenue and Claus Road and releasing securities upon expiration of statutory periods. (Funding Source: Not Applicable) Staff Recommendation:
Resolution accepting the Public Improvements for Trails at Falling Leaf Subdivision, located at the northwest corner of Floyd Avenue and Claus Road, authorizing the City Clerk to file a Notice of Completion with the Stanislaus County Recorder’s Office, and to release securities upon expiration of statuary periods.
CED; Toby Wells, 209-571-5542, [email protected]
Consent
12. Considering accepting an award of $350,000 from the Governor’s Office of Business and Economic Development (Go-Biz) for the Cannabis Equity Grants Program for Local Jurisdictions. (Funding Source: Cannabis Equity Grant Funds) - 8 -
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Staff Recommendation:
Resolution authorizing the Grant Agreement with the Governor’s Office of Business and Economic Development (go-biz) for the award of $350,000 and authorizing the City Manager to execute by electronic signature on behalf of the City of Modesto, the Grant Agreement and, including any extensions or amendments thereof and any subsequent Grant Agreement with the Governor’s office of Business and Economic Development in relation thereto.
CED; Sean Rando, 209-577-5473, [email protected]
Consent
13. Consider approving an Agreement for Low Lead Brass, PVC, Galvanized Fittings and Valves to Ferguson Waterworks, Modesto CA, and Pace Supply, Stockton, CA for a total amount not to exceed $3,200,000 over five years. (Funding Source: Water Fund) Staff Recommendation:
Resolution approving the Award of Bid and Agreement for Low Lead Brass, PVC, Galvanized Fittings and Valves to two vendors with the overall lowest responsive and responsible bids to Ferguson Waterworks, Modesto, CA, and Pace Supply, Stockton, CA for a one–year Agreement with four, one-year extension options, for a total estimated annual amount of $640,000, and a total amount not to exceed $3,200,000 over five years, and authorizing the Director of Finance, or her designee, to execute the Agreements.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] Consent
14. Consider approving the Purchase for Fleet Replacement Vehicles which includes two Vacuum 3 Axle Trucks in the amount not to exceed $1,296,449 and rescinding Resolution 2023-013. (Funding Source: Replacement Fund) Staff Recommendation:
Resolution approving the Competitive Bidding Process from Sourcewell with Vac-con Inc., Green Cove Springs, FL to purchase two Vacuum 3 Axle Trucks for an amount not to exceed $1,296,449 and rescinding Resolution 2023-13; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any Change Orders not to exceed 15% of the total purchase price.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] Consent
15. Consider approving the Purchase of a Cybersecurity Patch Management System with Telcion Communications Group, Modesto, CA for the total amount not to exceed $109,413. (Funding Source: American Rescue Plan Act Funding) Staff Recommendation:
Resolution approving the Purchase of a Cybersecurity Patch Management System with Telcion Communications Group, Modesto, CA for a total amount not to exceed $109,413; and authorizing the Purchasing Manager or her designee to issue the Purchase Order.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] - 9 -
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Consent
16. Consider adopting the 2022 Stanislaus County Multi-Jurisdictional Hazard Mitigation Plan (MJHMP) update that includes the City of Modesto Local Hazard Mitigation Plan (LHMP) Annex. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution adopting the 2022 Stanislaus County Multi-Jurisdictional Hazard Mitigation Plan (MJHMP) update that includes the City of Modesto Local Hazard Mitigation Plan (LHMP) Annex.
FIRE DEPARTMENT; Alan Ernst, 209-572-9590, [email protected] Consent
17. Consider approving the First Amendment to the Agreement with Pacific Gas and Electric for Gas SmartMeter installation. (Funding Source: Surface Transportation Fund)
Staff Recommendation:
Resolution approving the First Amendment to the Agreement with Pacific Gas and Electric for Gas SmartMeter installation adding 4776 Parker Road, and authorizing the City Manager, or his designee, to execute the Amendment.
PUBLIC WORKS; Mark Murphy, 209-577-5431, [email protected] Consent
18. Consider approving an Agreement with CentralSquare Technologies, LLC (CentralSquare) for the Annual Maintenance of Lucity, a Computerized Maintenance Management System (CMMS) Software for a total amount not to exceed $243,819 over five years. (Funding Source: Various)
Staff Recommendation:
Resolution approving the Agreement with CentralSquare Technologies for the Annual Maintenance of Lucity, a Computerized Maintenance Management System for five year Agreement with an estimated annual amount of $44,125 with an annual increase of 5%, for a total amount not to exceed $243,820; and authorizing the City Manager, or his designee, to execute the Agreement.
UTILITIES; Jason Farnsworth, 209-577-6255, [email protected] Consent
19. Consider approving the Plans and Specifications for the Facultative Biosolids Removal Project, accepting the Bid, and Awarding a Contract to Synagro, of Baltimore, MD, for a total amount not to exceed $6,725,038, and approving an Agreement with West Yost Associates for Engineering Support during construction, and Construction Management Services for a total amount not to exceed $2,246,522. (Funding Source:
Wastewater Fund)
Staff Recommendation:
Resolution approving Plans and Specifications for the Facultative Biosolids Removal Project, accepting the Bid, and approving a Construction Contract with Synagro, of Baltimore, MD, in the amount of $5,173,106 plus $1,551,932 in contingency (if needed), for a total amount not to exceed $6,725,038 over - 10 -
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five years 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 Facultative Biosolids Removal Project from 8% ($413,849) to 30% ($1,551,932) of the Construction Contract amount of $5,173,106 with Synagro, of Baltimore, MD.
Resolution approving an Agreement with West Yost Associates, of Sacramento, CA, for Engineering Support during construction, and Construction Management Services for the Facultative Biosolids Removal Project in the amount of $1,953,497 for the identified scope of services, plus $293,025 for additional services (if needed), for a total amount not to exceed $2,246,522 and authorizing the City Manager, or his designee to execute the Agreement. Resolution amending the Fiscal Year 2022-23 Multi-Year Program Budget in the amount of $9,271,560 to be transferred into the Project from Wastewater Reserves to fund the Facultative Biosolids Removal Project and authorizing the City Manager, or his Designee, to implement the provisions of this Resolution.
UTILITIES; Cristian Ciotau, 209-577-5260, [email protected]
COUNCIL COMMENTS & REPORTS
CITY MANAGER COMMENTS & REPORTS
HEARINGS
Published in the Modesto Bee on March 3, 2023
20. Hearing to consider approving a joint submission between the City of Modesto and Visionary Home Builders of California, Inc. for a State of California’s Affordable Housing and Sustainability Grant in an amount not to exceed $50,000,000, a City funding commitment in a total amount not to exceed $7,000,000 plus $200,000 in activity delivery costs for a grand total of $7,200,000, and the deferral of Capital Facilities Fees in an amount $ 967,750 for the development of Seventh Street Village on the properties located on 7th street between J Street and I Street, contingent on the successful award of the Affordable Housing and Sustainable Communities Grant. (Funding Source: Community Development Block Grant, Permanent Local Housing Allocation, HOME Investment Partnership, and Capital Facility Fees) Staff Recommendation:
Resolution approving a joint submission between the City of Modesto and Visionary Home Builders of California, Inc. for a State of California’s Affordable Housing and Sustainability Grant in an amount not to exceed $50,000,000 for the development of Seventh Street Village on the properties located on 7th street between J Street and I Street as well as any grant required transportation improvements as outlined in the grant application and authorizing the City Manager or his designee to negotiate and execute an agreement with Visionary Home Builders, Inc. and any other documents related to the submission of the grant application.
Resolution approving a City funding commitment in a total amount not to - 11 -
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exceed $7,000,000 and $200,000 in activity delivery costs for a grand total of $7,200,000 for the development of Seventh Street Village on the properties located on 7th street between J Street and I Street, contingent on the successful award of the State of California for the Affordable Housing and Sustainable Communities Grant.
Resolution approving the deferral of Capital Facilities Fees in an amount not to exceed $967,750 for the development of Seventh Street Village on the properties located on 7th street between J Street and I Street contingent on the successful award of the State of California for the Affordable Housing and Sustainable Communities Grant.
CED; Jessica Hill, 209-577-5211, [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, March 14, 2023 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
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(a) of the Government Code) Name of case(s): Kurt Anderson v. City of Modesto
California Workers Compensation Appeals Board
Nos. ADJ13859808, ADJ763560
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
Employee Organization: Modesto Police Non-Sworn Association - 13 -
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CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) –MPMA Negotiator: Christina Alger
Employee Organization: Modesto Police Management Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCFFA Negotiator: Christina Alger
Employee Organization: Modesto City Firefighters Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – Unrepresented Negotiator: Christina Alger
Employee Organization: Unrepresented Management and Confidential Employees Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
at by
date time signature