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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 04, 2023 at 5:30 PM
Roll Call - Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
Pledge of Allegiance to the Flag
Invocation: Jeff Pishney, LSC
City Clerk’s Announcements: None
Declaration of Conflicts of Interest: None
Reports from Closed Session: City Attorney Sanchez reported on the Existing Litigation item under Closed Session (Seever et al v. City of Modesto, et al). The parties have agreed to settle the case for a global settlement, in the amount of $ 7,500,000. This will end the litigation in the consolidated civil lawsuits. The Council unanimously voted to move forward with this settlement.
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ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Proclamation declaring April 9-15 as Emergency Dispatch Appreciation Week. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]
ACTION: Mayor Zwahlen presented a Proclamation declaring April 9-15 as Emergency Dispatch Appreciation Week.
2. Proclamation declaring April as National Volunteer Month. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]
ACTION: Mayor Zwahlen presented a Proclamation declaring April as National Volunteer Month.
3. Proclamation declaring April as Fair Housing Month. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]
ACTION: Mayor Zwahlen presented a Proclamation declaring April as Fair Housing Month.
MISCELLANEOUS
4. Consider appointing Cecil Russell to the City of Modesto Planning Commission with a term expiration of January 1, 2027. (Funding Source: Not Applicable) Staff Recommendation:
Resolution appointing Cecil Russell to the City of Modesto Planning Commission with a term expiration of January 1, 2027.
CED; Jessica Hill, 209-577-5267, [email protected]
ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2023-124 appointing Cecil Russell to the City of Modesto Planning Commission with a term expiration of January 1, 2027.
5. Consider appointing Jose Vazquez as the Planning Commission Representative to the Citizens Housing and Community Development Committee for 2023, with a term expiration of December 31, 2023. (Funding Source: Not Applicable) Staff Recommendation:
Resolution appointing Jose Vazquez as the 2023 Planning Commission Representative to the Citizens Housing and Community Development Committee (CH&CDC) with a term expiration of December 31, 2023. - 3 -
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CED; Jessica Hill, 209-577-5267, [email protected]
ACTION: (Escutia-Braaton/Alvarez; 7/0) Resolution 2023-125 appointing Jose Vazquez as the 2023 Planning Commission Representative to the Citizens Housing and Community Development Committee (CH&CDC) with a term expiration of December 31, 2023.
6. Consider approving the reappointment of John Bergman to the Board of Building Appeals with a term expiration of January 1, 2027. (Funding Source: Not Applicable) Staff Recommendation:
Resolution approving the reappointment of John Bergman to the Board of Building Appeals to a second four-year term, with a term expiration of January 1, 2027.
CED; Oscar Diaz, 209-571-5885, [email protected]
ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2023-126 approving the reappointment of John Bergman to the Board of Building Appeals to a second fouryear term, with a term expiration of January 1, 2027.
7. Consider approving the reappointments of Shane Cooper and Jim McKay to the Modesto City-County Airport Advisory Committee for an additional four-year term. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution approving the reappointments of Jim McKay and Shane Cooper to the Modesto City-County Airport Advisory Committee for an additional fouryear term.
PUBLIC WORKS; Gabe da Silva, 209-577-5319, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2023-127 approving the reappointments of Jim McKay and Shane Cooper to the Modesto City-County Airport Advisory Committee for an additional four-year term.
PUBLIC COMMENT PERIOD
Ron Cherrier voiced his concerns about safety at the corner of Stoddard and Terminal Avenue. There is currently a roadway project at that intersection and is worried about the lack of signing and other issues.
Steve commented about Councilmember Bavaro and comments at a recent meeting. Kayla Inthavons asked Council to help celebrate the Cambodian New Year by attending the April 15, 2023, event they are planning on Grimes Ave. They asked Council to help promote cultural diversity by attending and asked for a proclamation. - 4 -
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Frank Johnson commented about issues riding on Dial a Ride. Brittoni Chavez spoke about the shooting of her husband Paul Chavez, Jr. She also commented on Officers Muncy and Valencia. She asked for accountability and change. Nasson Sanchez, thanked Councilmembers Williams, Ricci, Alvarez, and EscutiaBraaton for joining them last Friday at the Cesar Chavez tribute. He also asked the Council to repeal the no cruising ordinance.
Loretta Carhart spoke about buses and youth smoking and drinking on the buses. She also commented on the Police Officers rights.
Emerson Drake commented on appointments made to committees and stated that effort is needed for new people to serve on City committees.
Ramon Rodriguez spoke about homeless encampments in the airport neighborhood and stated something needs to be done for the homeless.
Theresa Clutter spoke about the shooting of Paul Chavez and is seeking accountability.
She inquired about an elderly person that attended Council meetings and further commented about housing issues and affordability in Modesto. Jerry Thompson reported that National City is lifting the ban on cruising. He provided an update on AB 436. He hopes an item about lifting the ban on cruising gets placed on the agenda soon.
Recessed: 6:43 pm
Reconvened: 6:48 pm
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
CONSENT
Consent
8. Consider approving the minutes from the March 14, 2023 Council Meeting. (Funding Source: Not Applicable)
Motion approving the minutes from the March 14, 2023 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Ricci; 7/0) Motion approving the minutes from the March 14, 2023 Council Meeting.
Consent
9. Consider approving a Design Services Agreement with WMH Corporation of San Jose, - 5 -
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CA for the Standiford Avenue at State Route 99 Interchange Improvement Project in the amount of $6,450,665, plus $645,066 for additional services, if needed, for a total amount not to exceed $7,095,731, and authorizing the City Manager, or his designee to execute the Agreement; and amending the Fiscal Year 2022-23 Capital Improvement Program project 101182 budget in the amount of $3,500,000. (Funding Source: Streets Capital Facilities Fee and Regional Measure L Funds)
Resolution approving a Design Services Agreement with WMH Corporation of San Jose, CA for the Standiford Avenue at State Route 99 Interchange Improvement Project in the amount of $6,450,665, plus $645,066 for additional services, if needed, for a total amount not to exceed $7,095,731, and authorizing the City Manager, or his designee to execute the Agreement. Resolution amending the Fiscal Year 2022-23 Capital Improvement Program project 101182 budget in the amount of $3,500,000 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]
ACTION: (Wright/Ricci; 7/0) Resolution 2023-128 approving a Design Services Agreement with WMH Corporation of San Jose, CA for the Standiford Avenue at State Route 99 Interchange Improvement Project in the amount of $6,450,665, plus $645,066 for additional services, if needed, for a total amount not to exceed $7,095,731, and authorizing the City Manager, or his designee to execute the Agreement.
ACTION: (Wright/Ricci; 7/0) Resolution 2023-129 amending the Fiscal Year 2022- 23 Capital Improvement Program project 101182 budget in the amount of $3,500,000 and authorizing the City Manager, or his designee, to take the necessary steps to implement the provisions of this Resolution.
Consent
10. Consider accepting the Monthly Investment Report for December 2022. (Funding Source: Various Funds)
Motion accepting the Monthly Investment Report for December 2022.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
ACTION: (Wright/Ricci; 7/0) Motion accepting the Monthly Investment Report for December 2022.
Consent
11. Consider accepting an Informational Report for the February 2023 Accounts Payable Payment Register and Void Report. (Funding Source: Not Applicable) Motion accepting an Informational Report for the February 2023 Accounts Payable Payment Register and Void Report.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
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ACTION: (Wright/Ricci; 7/0) Motion accepting an Informational Report for the February 2023 Accounts Payable Payment Register and Void Report.
Consent
12. Consider accepting an Informational Report on the November and December 2022 Grant Applications and Awards. (Funding Source: Not Applicable) Motion accepting an Informational Report for the November and December 2022 Grant Applications and Awards.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Wright/Ricci; 7/0) Motion accepting an Informational Report for the November and December 2022 Grant Applications and Awards.
Consent
13. Consider approving the Purchase for one Fleet Addition of a Thermoplastic Premelter Trailer in the amount not to exceed $94,925. (Funding Source: Surface Transportation Fund)
Resolution approving the Award of Bid for one Thermoplastic Premelter Trailer to Dispensing Technology Corporation, Oxnard, CA for a total amount not to exceed $94,925; 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 2% of the total purchase price.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2023-130 approving the Award of Bid for one Thermoplastic Premelter Trailer to Dispensing Technology Corporation, Oxnard, CA for a total amount not to exceed $94,925; 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 2% of the total purchase price.
Consent
14. Consider approving the Purchase for one Fleet Replacement in the amount not to exceed $52,493 and approving the implementation of the Electric Vehicle Pilot Program for the Modesto Police Department. (Funding Source: Fleet Replacement Fund and Supplemental Law Enforcement Services Fund)
Resolution approving the Purchase with Towne Ford Sales, Redwood City, CA for one Ford Mustang for an amount not to exceed $52,493; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2023-131 approving the Purchase with Towne Ford Sales, Redwood City, CA for one Ford Mustang for an amount not to exceed $52,493; and authorizing the Purchasing Manager, or her designee, to issue the - 7 -
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Purchase Order.
Consent
15. Consider approving a First Amendment to the Purchasing Agreement with VSS Emultech, Modesto, CA for slurry oil for a revised total amount $5,252,760 over five years. (Funding Source: Surface Transportation, Water, Wastewater and Storm Drain Funds)
Resolution approving the First Amendment increasing the Agreement amount with VSS Emultech, Modesto, CA for slurry oil by $3,213,920 from $2,038,840 to a new total amount of $5,252,760 over five years; and authorizing the Director of Finance or her designee to execute the Amendment.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2023-132 approving the First Amendment increasing the Agreement amount with VSS Emultech, Modesto, CA for slurry oil by $3,213,920 from $2,038,840 to a new total amount of $5,252,760 over five years; and authorizing the Director of Finance or her designee to execute the Amendment.
Consent
16. Consider approving the First Amendment to Agreement with United Pavement Maintenance, Inc., for Hot Patch Work to amend the estimated annual amount from $200,000 to a revised estimated annual amount of $3,906,500 and extend the term of the Agreement from May 21, 2023, to May 21, 2024. (Funding Source: Water Funds, Wastewater Fund, and Stormwater Fund)
Resolution approving the First Amendment with United Pavement Maintenance, Hughson, CA., for Hot Patch Work to amend the estimated annual amount from $200,000 to a revised estimated annual amount of $3,906,500 and extend the term of the Agreement from May 21, 2023, to May 21, 2024, and authorizing the Director of Finance, or her designee to execute the First Amendment.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2023-133 approving the First Amendment with United Pavement Maintenance, Hughson, CA., for Hot Patch Work to amend the estimated annual amount from $200,000 to a revised estimated annual amount of $3,906,500 and extend the term of the Agreement from May 21, 2023, to May 21, 2024, and authorizing the Director of Finance, or her designee to execute the First Amendment.
Consent
17. Consider approving a Purchasing Agreement with Life-Assist Inc, by utilizing the Competitive Bid Process with National Purchasing Partners (NPP), League of Oregon Cities for Emergency Medical Supplies for a total amount not to exceed $500,000 over five years. (Funding Source: General Fund)
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Resolution approving a Purchasing Agreement with Life-Assist Inc, by utilizing the Competitive Bid Process with National Purchasing Partners (NPP), League of Oregon Cities for Emergency Medical Supplies for a two-year Agreement with three one-year extension options, for an annual estimated amount of $100,000, and a total amount not to exceed $500,000 over five years; and authorizing the Purchasing Manager, or her designee, to authorize the Agreement.
FIRE DEPARTMENT; Alan Ernst, 209-572-9590, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2023-134 approving a Purchasing Agreement with Life-Assist Inc, by utilizing the Competitive Bid Process with National Purchasing Partners (NPP), League of Oregon Cities for Emergency Medical Supplies for a two-year Agreement with three one-year extension options, for an annual estimated amount of $100,000, and a total amount not to exceed $500,000 over five years; and authorizing the Purchasing Manager, or her designee, to authorize the Agreement.
Consent
18. Consider approving Memorandums of Understanding (MOUs) for Fire Apparatus Fleet Maintenance Services between the City of Modesto, Stanislaus Consolidated Fire Protection District (SCFPD), and the City of Turlock. (Funding Source: General Fund and Fleet Management Fund)
Resolution approving a Memorandums of Understanding (MOUs) for Fire Apparatus Fleet Maintenance Services between the City of Modesto, Stanislaus Consolidated Fire Protection District (SCFPD), and the City of Turlock; and authorizing the City Manager, or his designee, to execute the Agreement.
FIRE DEPARTMENT; Alan Ernst, 209-572-9590, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2023-135 approving a Memorandums of Understanding (MOUs) for Fire Apparatus Fleet Maintenance Services between the City of Modesto, Stanislaus Consolidated Fire Protection District (SCFPD), and the City of Turlock; and authorizing the City Manager, or his designee, to execute the Agreement.
Consent
19. Consider approving the Purchase of Oracle Cloud Analytics Subscription Software to Mythics, Inc. of Virginia Beach, VA for a term of three-years with an option for two additional years which includes all Software, Licensing, and Configuration for Oracle Analytics Cloud for an amount not to exceed $510,137 and approving an Agreement with Jade Global, Inc., for Professional Services for a term of two years with three 1- year extension options an amount not to exceed $863,080. (Funding Source: Various Funds)
Resolution approving the Competitive Bidding Process from the Omnia Partners Cooperative Purchasing Organization, Maricopa County, CA Contract#180233-002, with Mythics, Inc. of Virginia Beach, VA for Purchase of Oracle Cloud Analytics Subscription Software for a total amount not to - 9 -
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exceed $510,137 over five years; and authorizing the City Manager, or his designee to execute the Agreement.
Resolution approving an Agreement with Jade Global, Inc., for Professional Services for a term of two years with three 1-year extension options for the upgrade from our existing Discoverer Financial Reporting Application to Oracle Analytics Cloud for an amount not to exceed $863,080 over five years; and authorizing the City Manager, or his designee to execute the Agreement.
IT; James Dotson, 209-571-5508, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2023-136 approving the Competitive Bidding Process from the Omnia Partners Cooperative Purchasing Organization, Maricopa County, CA Contract#180233-002, with Mythics, Inc. of Virginia Beach, VA for Purchase of Oracle Cloud Analytics Subscription Software for a total amount not to exceed $510,137 over five years; and authorizing the City Manager, or his designee to execute the Agreement.
ACTION: (Wright/Ricci; 7/0) Resolution 2023-137 approving an Agreement with Jade Global, Inc., for Professional Services for a term of two years with three 1-year extension options for the upgrade from our existing Discoverer Financial Reporting Application to Oracle Analytics Cloud for an amount not to exceed $863,080 over five years; and authorizing the City Manager, or his designee to execute the Agreement.
Consent
20. Consider approving a five-year Lease Agreement with Suzanne McElroy for the Modesto Police Department Property and Evidence Facility located at 1124 F Street, Modesto, CA, for an annual estimated amount of $39,600 and a total amount not to exceed $200,000 over five years. (Funding Source: General Fund) Resolution approving a five-year Lease Agreement with Suzanne McElroy for the Modesto Police Department Property and Evidence Facility located at 1124 F Street, Modesto, CA, for an annual estimated amount of $39,600 and a total amount not to exceed $200,000 over five years, and authorizing the City Manager, or his designee, to execute the Agreement.
PD; Jessica Smart, 209-572-9500, [email protected]
ACTION: (Wright/Ricci; 7/0) Resolution 2023-138 approving a five-year Lease Agreement with Suzanne McElroy for the Modesto Police Department Property and Evidence Facility located at 1124 F Street, Modesto, CA, for an annual estimated amount of $39,600 and a total amount not to exceed $200,000 over five years, and authorizing the City Manager, or his designee, to execute the Agreement.
Consent
21. Consider accepting the Airport Layout Plan Grant as complete and authorizing all necessary steps to file with the County Clerk Recorder. (Funding Source: Federal Aviation Administration Grant Funds 90%, with City Local Match of 10% Stanislaus County Aircraft Tax Funds)
Resolution accepting the Airport Layout Plan Grant as complete and - 10 -
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authorizing all necessary steps to file with the County Clerk Recorder.
PUBLIC WORKS; Gabe daSilva, 209-577-5319, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2023-139 accepting the Airport Layout Plan Grant as complete and authorizing all necessary steps to file with the County Clerk Recorder.
Consent
22. Consider accepting the Tank 5 and 12 Recoat and Repairs Project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $1,692,500 to Cal Sierra Construction, Inc., of Carmichael, CA. (Funding Source: Water Fund)
Resolution accepting the Tank 5 and 12 Recoat and Repairs Project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $1,692,500 to Cal Sierra Construction, Inc., of Carmichael, CA.
UTILITIES; Pete Kambel, 209-577-5444, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2023-140 accepting the Tank 5 and 12 Recoat and Repairs Project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $1,692,500 to Cal Sierra Construction, Inc., of Carmichael, CA.
Consent
23. Consider accepting the Dry Creek Trail Maintenance and Orville Wright Elementary Traffic Flow and Safety Improvements Project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $878,469 to McFadden Construction, Inc., of Stockton, CA. (Funding Source:
Measure L Traffic Management and Bike and Pedestrian Funds) Resolution accepting the Dry Creek Trail Maintenance and Orville Wright Elementary Traffic Flow and Safety Improvements Project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $878,469 to McFadden Construction, Inc., Stockton, CA.
UTILITIES; Pete Kambel, 209-577-5444, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2023-141 accepting the Dry Creek Trail Maintenance and Orville Wright Elementary Traffic Flow and Safety Improvements Project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $878,469 to McFadden Construction, Inc., Stockton, CA.
Consent
24. Consider accepting the Paradise Road Pavement Rehabilitation, STPL-5059(219) Project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $1,791,408 to Dirt Dynasty, Inc., - 11 -
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of Valley Springs, CA. (Funding Source: Federal Regional Surface Transportation Program (RSTP), Local Measure L Funds)
Resolution accepting the Paradise Road Pavement Rehabilitation, STPL5059(219) Project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $1,791,408 to Dirt Dynasty, Inc., of Valley Springs, CA.
UTILITIES; Pete Kambel, 209-577-5444, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2023-142 accepting the Paradise Road Pavement Rehabilitation, STPL-5059(219) Project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $1,791,408 to Dirt Dynasty, Inc., of Valley Springs, CA.
Consent
25. Consider accepting the Plans and Specifications for the Sutter Trunk Rehabilitation Phase 2 Project and awarding a Construction Contract to A. Teichert & Son, Inc. dba Teichert Construction, of Roseville, CA, in a total amount not to exceed $5,372,415; approving an Agreement with West Yost Associates, of Sacramento, CA, for Construction Management Services for a total amount not to exceed $660,000; and approving an Agreement with O’Dell Engineering for Engineering Support During Construction Services for a total amount not to exceed $59,783. (Funding Source:
Wastewater Fund)
Resolution approving Plans and Specifications for the Sutter Trunk Rehabilitation Phase 2 Project, accepting the bid, and approving a Construction Contract with A. Teichert & Son, Inc. dba Teichert Construction, of Roseville, CA, in the amount of $4,671,665 plus $700,750 in contingency (if needed), for a total amount not to exceed $5,372,415 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 Sutter Trunk Rehabilitation Phase 2 Project from 8% ($373,734) to 15% ($700,750) of the construction contract price of $4,671,665 with A.
Teichert & Son, Inc. dba Teichert Construction, of Roseville, CA. Resolution approving an Agreement with West Yost Associates, of Sacramento, CA, for Construction Management Services for the Sutter Trunk Rehabilitation Phase 2 Project in an amount not to exceed $600,000 for the identified scope of services, plus $60,000 in additional services (if needed), for a total amount not to exceed $660,000 and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution approving an Agreement with O’Dell Engineering, of Modesto, CA, for Engineering Support during Construction Services for the Sutter Trunk Rehabilitation Phase 2 Project, in the amount of $54,348 for the identified scope of services, plus $5,435 in additional services (if needed), for a total amount not to exceed $59,783 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 $1,455,000 to be transferred into the project from - 12 -
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Wastewater Fund Reserves to fund the construction phase of the Sutter Trunk Rehabilitation Phase 2 Project and authorizing the City Manager, or his designee, to implement the provisions of this Resolution.
UTILITIES; Cristian Ciotau, 209-577-5260, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2023-143 approving Plans and Specifications for the Sutter Trunk Rehabilitation Phase 2 Project, accepting the bid, and approving a Construction Contract with A. Teichert & Son, Inc. dba Teichert Construction, of Roseville, CA, in the amount of $4,671,665 plus $700,750 in contingency (if needed), for a total amount not to exceed $5,372,415 and authorizing the City Manager, or his designee, to execute the Agreement.Resolution approving Plans and Specifications for the Sutter Trunk Rehabilitation Phase 2 Project, accepting the bid, and approving a Construction Contract with A. Teichert & Son, Inc. dba Teichert Construction, of Roseville, CA, in the amount of $4,671,665 plus $700,750 in contingency (if needed), for a total amount not to exceed $5,372,415 and authorizing the City Manager, or his designee, to execute the Agreement.
ACTION: (Wright/Ricci; 7/0) Resolution 2023-144 authorizing an increase in the Director’s authority to issue Change Orders for the Sutter Trunk Rehabilitation Phase 2 Project from 8% ($373,734) to 15% ($700,750) of the construction contract price of $4,671,665 with A. Teichert & Son, Inc. dba Teichert Construction, of Roseville, CA.
ACTION: (Wright/Ricci; 7/0) Resolution 2023-145 approving an Agreement with West Yost Associates, of Sacramento, CA, for Construction Management Services for the Sutter Trunk Rehabilitation Phase 2 Project in an amount not to exceed $600,000 for the identified scope of services, plus $60,000 in additional services (if needed), for a total amount not to exceed $660,000 and authorizing the City Manager, or his designee, to execute the Agreement.
ACTION: (Wright/Ricci; 7/0) Resolution 2023-146 approving an Agreement with O’Dell Engineering, of Modesto, CA, for Engineering Support during Construction Services for the Sutter Trunk Rehabilitation Phase 2 Project, in the amount of $54,348 for the identified scope of services, plus $5,435 in additional services (if needed), for a total amount not to exceed $59,783 and authorizing the City Manager, or his designee, to execute the Agreement.
ACTION: (Wright/Ricci; 7/0) Resolution 2023-147 amending the Fiscal Year 2022- 23 Capital Improvement Program Budget in the amount of $1,455,000 to be transferred into the project from Wastewater Fund Reserves to fund the construction phase of the Sutter Trunk Rehabilitation Phase 2 Project and authorizing the City Manager, or his designee, to implement the provisions of this Resolution.
Consent
26. Consider increasing the Director of Utilities authority to issue Change Orders on the Transit Center Improvements and Transit Center Addition Project from eight percent (8%) ($418,686) to ten percent (10%) ($523,358) of the original construction contract - 13 -
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price of $5,233,576 with Simile Construction Services, Inc., of Modesto, CA, for a total amount not to exceed $5,756,934. (Funding Source: Federal Transit Administration, Local Transportation Funds, State – SB1 State of Good Repair and Low Carbon Transit Operations Program)
Resolution Increasing the Director of Utilities Authority to issue Change Orders for the Transit Center Improvements and Transit Center Addition project from 8% ($418,686) to 10% ($523,358) of the construction contract price of $5,233,576 with Simile Construction Services Inc., of Modesto, CA.
UTILITIES; Cristian Ciotau, 209-577-5260, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2023-148 increasing the Director of Utilities Authority to issue Change Orders for the Transit Center Improvements and Transit Center Addition project from 8% ($418,686) to 10% ($523,358) of the construction contract price of $5,233,576 with Simile Construction Services Inc., of Modesto, CA.
Consent
27. Consider approving the Plans and Specifications for the Re-Bid La Loma - Phase 2C Strengthen & Replace Water Mains Project, accepting the Bid and awarding a Construction Contract to Mozingo Construction Inc., of Oakdale, CA, for a total amount not to exceed $8,531,407 and approving an Agreement with TRC Engineers, Inc. of Tracy, CA, for Construction Management and Inspection Services for a total amount not to exceed $916,128. (Funding Source: Water Fund) Resolution approving plans and specifications for the Re-Bid La Loma - Phase 2C Strengthen & Replace Water Mains Project, accepting the Bid, and approving a Construction Contract with Mozingo Construction Inc., of Oakdale, CA, in the amount of $7,755,824, plus $775,583 in contingency (if needed) for a total amount not to exceed $8,531,407 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 Re-Bid La Loma - Phase 2C Strengthen & Replace Water Mains Project from 8% ($620,466) to 10% ($775,583) of the construction contract amount of $7,755,824 with Mozingo Construction Inc., of Oakdale, CA. Resolution approving an Agreement with TRC Engineers, Inc. of Tracy, CA, for Construction Management and Inspection Services for the Re-Bid La Loma - Phase 2C Strengthen & Replace Water Mains Project in the amount of $832,843 plus $83,285 in additional services (if needed) for a total amount not to exceed $916,128 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 $7,905,000 to be transferred into the project from the Water Fund in order to fund the construction phase of the Re-Bid La Loma - Phase 2C Strengthen & Replace Water Mains Project and authorizing the City Manager, or his designee, to implement the provisions of this Resolution.
UTILITIES; David Felix, 209-577-5488, [email protected] - 14 -
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ACTION: (Wright/Ricci; 7/0) Resolution 2023-149 approving plans and specifications for the Re-Bid La Loma - Phase 2C Strengthen & Replace Water Mains Project, accepting the Bid, and approving a Construction Contract with Mozingo Construction Inc., of Oakdale, CA, in the amount of $7,755,824, plus $775,583 in contingency (if needed) for a total amount not to exceed $8,531,407 and authorizing the City Manager, or his designee, to execute the Agreement.
ACTION: (Wright/Ricci; 7/0) Resolution 2023-150 authorizing an increase in the Director’s Authority to issue Change Orders for the Re-Bid La Loma - Phase 2C Strengthen & Replace Water Mains Project from 8% ($620,466) to 10% ($775,583) of the construction contract amount of $7,755,824 with Mozingo Construction Inc., of Oakdale, CA.
ACTION: (Wright/Ricci; 7/0) Resolution 2023-151 approving an Agreement with TRC Engineers, Inc. of Tracy, CA, for Construction Management and Inspection Services for the Re-Bid La Loma - Phase 2C Strengthen & Replace Water Mains Project in the amount of $832,843 plus $83,285 in additional services (if needed) for a total amount not to exceed $916,128 and authorizing the City Manager, or his designee, to execute the Agreement.
ACTION: (Wright/Ricci; 7/0) Resolution 2023-152 amending the Fiscal Year 2022- 23 Capital Improvement Program Budget in the amount of $7,905,000 to be transferred into the project from the Water Fund in order to fund the construction phase of the ReBid La Loma - Phase 2C Strengthen & Replace Water Mains Project and authorizing the City Manager, or his designee, to implement the provisions of this Resolution.
Consent
28. Consider approving an Agreement with Larry Walker Associates (LWA) for the Monitoring and Management of the City of Modesto’s Stormwater Program and Regulatory Compliance, for a total amount not to exceed $1,100,000 over five years. (Funding Source: Storm Drainage Fund)
Resolution approving an Agreement with Larry Walker Associates for the Monitoring and Management of the City of Modesto’s Stormwater Program and Regulatory Compliance Services, for an annual estimated amount of $200,000 plus $100,000 in additional services (if needed), and a total amount not to exceed $1,100,000 over five years; and authorizing the City Manager, or his designee, to execute the Agreement.
UTILITIES; Jason Farnsworth, 209-577-6255, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2023-153 approving an Agreement with Larry Walker Associates for the Monitoring and Management of the City of Modesto’s Stormwater Program and Regulatory Compliance Services, for an annual estimated amount of $200,000 plus $100,000 in additional services (if needed), and a total amount not to exceed $1,100,000 over five years; and authorizing the City Manager, or his designee, to execute the Agreement.
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COUNCIL COMMENTS & REPORTS
Councilmember Bavaro reported that Fire Captain Doug McCullough passed away this past weekend. A Celebration of Life service will be held, Tuesday, April 11th at 11:00 a.m. at The House, located at 1601 Coffee Road. He asked for a moment of silence in honor of Captain McCullough.
Councilmember Alvarez reported on recent activities. On March 25, 2023, he, and Councilmember Escutia-Braaton attended the first Latino Leadership Summit in Ceres. On Sunday March 26, he and Councilmember Williams attended a Cambodian Community meeting in District 2. This past Friday, he marched alongside the United Farm Workers Union with Ceres Mayor Lopez, and Senator Marie Alvarado-Gil, to honor the life and legacy of Cesar Chavez. Attended the Stanislaus Latino Chamber of Commerce, Government Relations Committee on April 2. Participated as a panelist at MJC Latin Comic Arts Festival to discuss the importance of literature that reflects the Latino experience. He also reported on being briefed on a development in the Robertson Road area.
Vice Mayor Ricci reported that he is pleased with the results they are seeing on everything from housing to Chat Workers and Rangers. He likes the direction that the City is headed. He hears about a lot of issues every day and he wanted to mention a few things that they are working on.
Some of the things being worked on are abandoned commercial buildings. He acknowledges the complaints about green cans and the weekly pickup is not working for people and wanted to acknowledge that they hear the complaints. He is hopeful that in the next few months adjustments can be made. He is also interested in seeing improvements in Graceada Park, especially in terms of the restrooms and the Gazebo.
Councilmember Escutia-Braaton thanked Council Member Bavaro for his comments and the moment of silence for Fire Captain Doug McCullough. She also reported that she serves as the Chair of the Appointments Committee and wanted to provide an update on recent activities of the Committee. The Committee is currently in the middle of the interviews for the Community Police Review Board. Over 70 applications were received. The applications were vetted very thoroughly and out of those applications approximately 45 individuals were invited to come before the Committee for an interview. She also reported that the Appointments Committee is embarking on the review of applications to the Measure H Oversight Board and the Audit Committee. She further reported on the responsibilities of the Appointments Committee and encouraged the public to apply to serve on the various City Boards, Commissions and Committees. Applications are available online on the City’s website.
Mayor Zwahlen reported on activities this past week. She was invited to participate in the Modesto Junior College Women in Leadership Forum. She also attended the Downey High School Construction Education Showcase. In addition, she, and Council Member EscutiaBraaton attended the Stanislaus Union Elementary School Suicide Prevention Program. She also attended Career Day at Bret Harte Elementary and toured the Connecting Waters Charter School on Briggsmore. Lastly, she attended the Latina Leadership Scholarship reception at Modesto Junior College and was also invited to meet with the Gregory High School Future Business Leaders of America.
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Councilmember Williams stated that it is wonderful to hear all the things going on in Modesto and that his colleagues are involved with moving Modesto forward. He appreciates the collaboration between them to make a difference in the community. He reported on recently attending the Stanislaus Chinese Association Annual Spring Festival & Year of the Rabbit Celebration at the Centre Plaza. He also attended the BSU of California event. He also reported that Love Modesto is coming up. He has been a part of it for several years now. Persons interested in participating can sign up online at https://lovemodesto.com/. This past Friday, he attended the Stanislaus County Cesar Chavez event on Cornucopia Way at the Harvest Hall.
Followed by an event at Cesar Chavez Park and after that the March. He was happy to see a few fellow Council Members participating in the walk. Lastly, he wished everyone a Happy Easter.
CITY MANAGER COMMENTS & REPORTS
HEARINGS
Published in the Modesto Bee on March 24, 2023
29. Hearing to consider adopting an Ordinance amending Section 27-3-9 of the Zoning Map to rezone property from Low-Density Residential, R-1, to Medium-High Density Residential, R-3, located 1505 and 1513 Scenic Drive. (Funding Source: Applicant Fees)
Motion introducing and waiving the first reading of an Ordinance amending Section 27-3-9 of the Zoning Map of the City of Modesto to rezone from LowDensity Residential, R-1, to Medium-High Density Residential, R-3, properties located at 1505 and 1513 Scenic Drive.
Resolution finding that the following subsequent project is within the scope of the project covered by the Modesto Urban Area General Plan Master Environmental Impact Report (SCH NO. 2014042081): rezone from LowDensity Residential (R-1) Zone to Medium-High Density Residential (R-3) Zone, properties located at 1505 and 1513 Scenic Drive.
CED; Michael Arroyo, 209-577-5272, [email protected] ACTION: (Bavaro/Ricci; 7/0) Motion introducing and waiving the first reading of Ordinance 376-C.S. amending Section 27-3-9 of the Zoning Map of the City of Modesto to rezone from Low-Density Residential, R-1, to Medium-High Density Residential, R-3, properties located at 1505 and 1513 Scenic Drive.
ACTION: (Bavaro/Williams; 7/0) Resolution 2023-154 finding that the following subsequent project is within the scope of the project covered by the Modesto Urban Area General Plan Master Environmental Impact Report (SCH NO. 2014042081):
rezone from Low-Density Residential (R-1) Zone to Medium-High Density Residential (R-3) Zone, properties located at 1505 and 1513 Scenic Drive.
Published in the Modesto Bee on March 24, 2023
30. Hearing to consider an Ordinance amending Section 10-4.102 of Title 10, Chapter 4 (Development Standards), Article 1 (Residential Zones); repealing Section 10-4.115 and Section 10-4.116 of Title 10, Chapter 4 (Development Standards), Article 1 - 17 -
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(Residential Zones); adding Article 5 regarding Accessory Dwelling Units to Title 10, Chapter 4 (Development Standards); and repealing and replacing Chapter 8 of Title 10 regarding Density Bonus and Affordable Housing. (Funding Source: General Fund) Motion introducing and waiving the first reading of an Ordinance amending Section 10-4.102 of Title 10, Chapter 4 (Development Standards), Article 1 (Residential Zones); repealing Section 10-4.115 and Section 10-4.116 of Title 10, Chapter 4 (Development Standards), Article 1 (Residential Zones); adding Article 5 regarding Accessory Dwelling Units to Title 10, Chapter 4 (Development Standards); and repealing and replacing Chapter 8 of Title 10 regarding Density Bonus and Affordable Housing.
CED; Diana Lowrance, 209-577-5302, [email protected] ACTION: (Ricci/Alvarez; 7/0) Motion introducing and waiving the first reading of an Ordinance 3762-C.S. amending Section 10-4.102 of Title 10, Chapter 4 (Development Standards), Article 1 (Residential Zones); repealing Section 10-4.115 and Section 10-
4.116 of Title 10, Chapter 4 (Development Standards), Article 1 (Residential Zones); adding Article 5 regarding Accessory Dwelling Units to Title 10, Chapter 4 (Development Standards); and repealing and replacing Chapter 8 of Title 10 regarding Density Bonus and Affordable Housing.
Published in the Modesto Bee on March 24, 2023
31. Hearing to consider final adoption of Ordinance 3760-C.S. repealing and replacing Chapter 1 of Title 3 of the Modesto Municipal Code amending the City’s Fire Code to adopt the 2022 California Fire Code. (Funding Source: Not Applicable) Motion adopting Ordinance 3760-C.S. repealing and replacing Chapter 1 of Title 3 of the Modesto Municipal Code amending the City’s Fire Code to adopt the 2022 California Fire Code.
FIRE DEPARTMENT; Darin Jesberg, 209-577-9139, [email protected] ACTION: (Escutia-Braaton/Williams; 7/0) Motion adopting Ordinance 3760-C.S. repealing and replacing Chapter 1 of Title 3 of the Modesto Municipal Code amending the City’s Fire Code to adopt the 2022 California Fire Code.
Published in the Modesto Bee on March 24, 2023
32. Hearing to consider approving the application of Heavenly Transport, LLC, and authorizing the issuance of a Permit to operate as a Non-Emergency Medical Transport Company in the City of Modesto. (Funding Source: General Fund) Resolution approving the application of Heavenly Transport, LLC and authorizing the issuance of a Permit to operate as a Non-Emergency Medical Transport Company in the City of Modesto.
PD; Robert Reyna, 209-572-9500, [email protected]
ACTION: (Alvarez/Wright; 7/0) Resolution 2023-155 approving the application of Heavenly Transport, LLC and authorizing the issuance of a Permit to operate as a NonEmergency Medical Transport Company in the City of Modesto. - 18 -
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MATTERS TOO LATE FOR THE AGENDA
ADJOURNMENT
This meeting adjourned at 7:41 pm
All Closed Session Matters heard prior to meeting.
CLOSED SESSION
1. Consider appointing Real Property Negotiators Travis Weeks, Right of Way Consultant and Jose M. Sanchez, City Attorney for Property: APN: 037-050-018. Motion appointing Real Property Negotiators Travis Weeks, Right of Way Consultant and Jose M. Sanchez, City Attorney for Property: APN: 037-050-018.
City Attorney, Jose M. Sanchez, 577-5284, [email protected] ACTION: (Wright/Escutia-Braaton; 6/0) Motion appointing Real Property Negotiators Travis Weeks, Right of Way Consultant and Jose M. Sanchez, City Attorney for Property: APN: 037-050-018.
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Two Cases (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: Seever et al. v. City of Modesto et al.
United States Eastern District
Case No.: 1:21-cv-01373
Stephanie Lopez v. City of Modesto, et al.
Superior Court of California, County of Stanislaus
Stanislaus County Case No.: CV-21
CONFERENCE WITH REAL PROPERTY NEGOTIATORS:
(Pursuant to Section 54956.8 of the Government Code)
Property: Paradise Road and Chicago, Modesto CA 95351 – APN 037-050-018 Property Owners: Northern Suncrest Apartments LLC, (Joe Wu and Gloria Wu) Negotiating Parties:
For City: Travis Weeks, Right of Way Consultant
Jose M. Sanchez, City Attorney
For Owner: Joe Wu
Under Negotiation: Price and Terms
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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 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:____________________________
Diane Nayares-Perez, City Clerk