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MODESTO CITY COUNCIL
www.modestogov.com
AGENDA
City of Modesto
CITY COUNCIL MEETING
Chambers, Basement Level
Tenth Street Place, 1010 10th Street
Modesto, California
Tuesday, August 22, 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: Lance Lowell, Neighborhood Church
City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Proclamation declaring August 26, 2023 as National Women's Equality Day. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597, [email protected]
2. Proclamation declaring September 2023 as National Senior Center Month. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarret, 209-571-5597, [email protected] - 4 -
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MISCELLANEOUS
Legislation, Appointments, Other
3. Consider the appointment of Ivan Valencia to the Modesto City-County Airport Advisory Committee for a four-year term with an expiration date of June 30, 2027. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution approving the appointment of Ivan Valencia to the Modesto CityCounty Airport Advisory Committee for the position of Commercial Carrier/Service Provider for a four-year term with an expiration date of June 30, 2027.
PUBLIC WORKS; Gabe da Silva, 209-577-5319, [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:
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 - 5 -
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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
4. Consider approving the minutes from the August 8, 2023 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving the minutes from the August 8, 2023 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
5. Consider approving Final Adoption of Ordinance 3769-C.S. amending Section 12-03- 09 of the Zoning Map of the City of Modesto to rezone properties located at 3431 and 3419 Millbrook Avenue from Specific Plan-Holding Zone, SP-H, to Specific Plan Zone, SP. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving Final Adoption of Ordinance 3769-C.S. amending Section 12-03-09 of the Zoning Map of the City of Modesto to rezone properties located at 3431 and 3419 Millbrook Avenue from Specific Plan-Holding Zone, SP-H, to Specific Plan Zone, SP.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
6. Consider approving Final Adoption of Ordinance 3770-C.S. amending Sections of Article 6, “Vacant and Boarded Buildings” of Title 9 “Building Regulations”, Chapter 9, “Property Maintenance Code,” of the Modesto Municipal Code, to enhance maintenance and security of vacant buildings. (Funding Source: Not Applicable) Staff Recommendation:
Motion approving Final Adoption of Ordinance 3770-C.S. amending Sections of Article 6, “Vacant and Boarded Buildings” of Title 9 “Building Regulations”, Chapter 9, “Property Maintenance Code,” of the Modesto Municipal Code, to enhance maintenance and security of vacant buildings.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] - 6 -
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Consent
7. Consider approving a First Amendment to the Stanislaus Animal Services Agency Joint Powers Agency Agreement to amend the manner of exercising its power currently subject to the restrictions applicable to the City of Modesto and being replaced by restrictions applicable to the County of Stanislaus. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution approving a First Amendment to the Stanislaus Animal Services Agency Joint Powers Agency Agreement, with respect to the manner of exercising its powers currently subject to the restrictions applicable to the City of Modesto and being replaced by restrictions applicable to the County of Stanislaus and authorizing the City Manager, or his designee, to execute the Amendment.
CITY MANAGER; Allison Van Guilder, 209-577-5228, [email protected] Consent
8. Consider approving an Agreement for the Purchase and Implementation of a Construction Project Management Software with eBuilder, Inc., of Sunrise, FL., for a total amount not to exceed $620,183 for a period of five years. (Funding Source:
Various Capital Improvement Program Projects)
Staff Recommendation:
Resolution approving the Award of Proposal and Agreement for a Construction Project Management Software to eBuilder, Inc., Sunrise, FL, for a total amount not to exceed $620,183 for a total period of five years, with an initial term of three years and two one-year extension options and authorizing the City Manager, or his designee, to execute the Agreement.
ENGINEERING SERVICES; Pete Kambel, 209-577-5444, [email protected] Consent
9. Consider approving a Pre-Qualified Consultant List for Construction Management and Inspection Services for various Capital Improvement Program Projects for a period of five years. (Funding Source: Various Capital Improvement Program Projects) Staff Recommendation:
Resolution approving a Pre-Qualified Consultant List for Construction Management and Inspection Services, with Brown and Caldwell, HDR Inc., TRC Companies, and West Yost, for a period of three years with two one-year extension options at the discretion of the Director of Engineering Services.
ENGINEERING SERVICES; Pete Kambel, 209-577-5444, [email protected] Consent
10. Consider approving the Plans and Specifications for the Paradise Road Area Pedestrian and Bicycle Safety Improvements, ATPL-5059(233) Project, Accepting the Bid, and Awarding a Contract to George Reed, Inc. of Modesto, CA, in the amount of $8,529,985; authorizing the Director of Utilities to approve Change Orders up to the cumulative amount of $852,998 (10% of the original contract price) for the project. (Funding Source: Active Transportation Program (ATP) and Local Measure L Funds) - 7 -
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Staff Recommendation:
Resolution approving the Plans and Specifications for the Paradise Road Area Pedestrian and Bicycle Safety Improvements, ATPL-5059(233) Project, Accepting the Bid, and Awarding a Contract to George Reed, Inc. of Modesto, CA, in the amount of $8,529,985, and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution authorizing the Director of Utilities to approve Change Orders up to the cumulative amount of $852,998 (10% of the original contract price) for the Paradise Road Area Pedestrian and Bicycle Safety Improvements, ATPL 5059(233) Project.
ENGINEERING SERVICES; Phillip Soares, 209-577-5258, [email protected] Consent
11. Consider accepting an Informational Update on the purchase of nine Modesto Police Department Patrol Vehicles and one Modesto Fire Department Boat with Trailer replacement. (Funding Source: General Fund and Fleet Replacement Fund) Staff Recommendation:
Motion accepting an Informational Update on the purchase of nine Modesto Police Department Patrol Vehicles and one Modesto Fire Department Boat with Trailer replacement.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] Consent
12. Consider approving the purchase for Fleet Addition and Replacements of thirteen Dump Truck, two Forklift Variable Reach and three Packers in the amount not to exceed $4,637,991. (Funding Source: Surface Transportation Fund and Fleet Replacement Fund)
Staff Recommendation:
Resolution approving the Competitive Bidding Process from Sourcewell with PB Loader Corporation, Fresno, CA for thirteen Dump Trucks for an amount not to exceed $2,803,943, authorizing the Purchasing Manager, or her designee, to issue the Purchase Order and execute any Change Orders not to exceed 15% of the total purchase price.
Resolution approving the Competitive Bidding Process from Sourcewell with Caterpillar Inc. Peoria, IL under authorized dealer Holt of California, Stockton, CA to purchase two Forklift Variable Reach for an amount not to exceed $241,893; authorizing the Purchasing Manager, or her designee, to issue the Purchase Order and execute any Change Orders not to exceed 15% of the total purchase price.
Resolution approving the Competitive Bidding Process from Sourcewell with Mack Trucks, Inc Greensboro, NC under the authorized dealer Western Truck Center, Sacramento, CA to purchase three Packers for an amount not to exceed $1,081,218; authorizing the Purchasing Manager, or her designee, to issue the Purchase Order and execute any Change Orders not to exceed 15% of the total purchase price.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] - 8 -
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Consent
13. Consider approving a Side Letter Agreement with Modesto Firefighter’ Association for two additional holidays and a Side Letter Agreement for an adjustment to compensation for a special assignment. (Funding Source: General Fund) Staff Recommendation:
Resolution approving an Agreement with the Modesto Firefighters’ Association to add Cesar Chavez and Juneteenth to the recognized City holidays effective July 1, 2023 and authorizing the City Manager or his designee to take the necessary administrative action to implement the Agreement. Resolution approving an Agreement with the Modesto Firefighter’s Association to adjust special assignment compensation effective July 1, 2023 and authorizing the City Manager or his designee to take the necessary administrative action to implement the Agreement.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] Consent
14. Consider authorizing the Submittal of Application(s) to the State of California Governor’s Office of Planning and Research Grants. (Funding Source: Not Applicable) Staff Recommendation:
Resolution authorizing the Submittal of Application(s) to the State of California Governor’s Office of Planning and Research Grants, and authorizing the City Manager, or his designee, to sign grant applications and related documents.
PUBLIC WORKS; Rosene Nguyen, 209-577-5453, [email protected] Consent
15. Consider accepting the Plans and Specifications for the Rebid La Loma Sewer Replacement Phase 1 Project and Awarding a Construction Contract to Mozingo Construction Inc, of Oakdale, CA, in the amount of $5,282,147 plus $792,322 in Contingency (if needed), for a total amount not to exceed $6,074,469. (Funding Source: Wastewater Fund)
Staff Recommendation:
Resolution approving Plans and Specifications for the Rebid La Loma Sewer Replacement Phase 1 Project, accepting the bid, and approving a Construction Contract with Mozingo Construction Inc, of Oakdale, CA, in the amount of $5,282,147 plus $792,322 in Contingency (if needed) for a total amount not to exceed $6,074,469 and authorizing the City Manager, or his designee, to execute the contract.
Resolution authorizing an increase in the Director’s Authority to issue Change Orders for the Rebid La Loma Sewer Replacement Phase 1 Project from 8% ($422,572) to 15% ($792,322) of the Construction Contract price of $5,282,147 with Mozingo Construction Inc, of Oakdale, CA.
Resolution amending the Fiscal Year 2023-24 Capital Improvement Program Budget in the amount of $6,190,690 to be transferred into the Project from Wastewater Reserves to fund the Rebid La Loma Sewer Replacement Phase 1 Project and authorizing the City Manager, or his designee, to implement the - 9 -
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provisions of the Resolution.
UTILITIES; Cristian Ciotau, 209-577-5260, [email protected]
COUNCIL COMMENTS & REPORTS
CITY MANAGER COMMENTS & REPORTS
HEARINGS
Hearing Notice mailed to all ratepayers.
16. Hearing to consider Proposed Water Rate Increases for Fiscal Year 2023-24 through 2027-28. (Funding Source: Water Fund)
Staff Recommendation:
Resolution adopting Water Service Rates, effective October 1, 2023, for Fiscal Years 2023-24 through 2027-28 in accordance with Proposition 218.
UTILITIES; William Wong, 209-571-5801, [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
CLOSED SESSION
Please take notice that a special Closed Session meeting of the Council of the City of Modesto has been called pursuant to Section 2-1.02 of the Modesto Municipal Code to be convened on
TUESDAY, AUGUST 22, 2023 AT 4:45 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:
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CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: Chipponeri v. City of Modesto
Case No. 2028661
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
at by
date time signature