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www.modestogov.com
AGENDA
City of Modesto
SAFETY AND COMMUNITIES COMMITTEE
COUNCIL WORKSHOP
2001-40 Del Puerto Room.
Tenth Street Place, 1010 10th Street
Modesto, California
Monday, March 11, 2024 at 4:00 PM
Roll Call: Rosa Escutia-Braaton, Chair
Jeremiah Williams, Vice-Chair
Chris Ricci, Member
Alternates: Eric Alvarez, Nick Bavaro, David Wright, Sue Zwahlen Council has not delegated directive or final approval authority to the Committees.
Committee actions are recommendations to the full City Council, not final decisions on an issue. * Public Comment will only be in-person. Members of the public who wish to address the Committee, by providing public comment, during the meeting must do so in-person in the 2001-40 Del Puerto Room. As an alternative, members of the public may also provide written public comment submitted via email as indicated in the Submitting Comments by Email instructions on this agenda. Zoom will still be available for viewing and Wordly translation. *Members of the public will be allowed to provide public comment through Zoom if a Committee Member is participating remotely pursuant to the provisions of Assembly Bill 2449. *Effective March 1, 2023, if a technical issue arises with Zoom or the phone dial-in option, the Committee 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.
“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.
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"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.
You may observe a livestream of the meeting at http://media.modestogov.com. You may also view or listen to the meeting as indicated below.
THE MEETING CAN BE VIEWED BY ZOOM VIDEO
CONFERENCING OR TELEPHONE
Joining the Committee meeting via Zoom
The City of Modesto is now offering the ability to view Committee 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 Committee meeting.
Joining the Committee meeting via Telephone
If you don’t have a smart phone or computer to access the meeting via Zoom, you can listen 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
PUBLIC COMMENTS IN PERSON
Three-minute time limit per speaker.
Only interested persons in the audience may present these matters. Under State law, Committee Members 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 Committee Member or the Committee itself may take action to direct staff to place a matter of business on a future agenda.
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 Committee - 2 -
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Members and placed in the record but will not be read aloud during the meeting. Written comments must be received two hours before the meeting.
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.
Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the Clerk’s office during normal business hours. Such documents are also available online, subject to staff’s ability to post the documents before the meeting, at the following website www.modestogov.com/councilmeetings 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
Any and all of the following agenda items are subject to action by the Modesto City Council.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED:
Information concerning the consent items listed below has been forwarded to each Committee Member prior to this meeting for study. Unless some member of the audience or Committee Member has a question concerning an item and asks that it be withdrawn from the consent list, the Committee approves the items at one time. The action taken by the Committee in approving consent items is set forth in the explanation of this individual item.
CONSENT
An item may be removed from consent and discussed at the request of an audience member or Committee member.
Consent
1. Consider increasing the Director of Engineering Services authority to issue Change Orders on the Tuolumne River Regional Park (TRRP) Non-Motorized Boat Launch Project from eight percent (8%) ($132,716) to fifteen and one-half percent (15.5%) ($257,138) for a total amount not to exceed $1,916,093, and forwarding to Council for approval. (Funding Source: TRRP Capital Improvement Program (CIP) Fund, Parks CFF Fund, and Non-Motorized Boating Facilities Grant Program Funds) Motion recommending increasing the Director of Engineering Services authority to issue Change Orders on the Tuolumne River Regional Park (TRRP) - 3 -
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Non-Motorized Boat Launch Project from the contracted contingency amount of eight percent (8%) ($132,716) to fifteen and one half percent (15.5%) ($257,138) of the original construction contract price of $1,658,955 with Harris Builders Inc., of Hilmar, CA, for a total amount not to exceed $1,916,093, and forwarding to Council for approval.
PRN; Nathan Houx, 209-571-5526, [email protected]
NEW BUSINESS
2. Consider the Annual Fire Inspection Report for 2023 and forwarding to Council for approval. (Funding Source: Not Applicable)
Motion recommending the Annual Fire Inspection Report for 2023 and forwarding to Council for approval.
FIRE DEPARTMENT; Kevin Wise, 209-572-9590, [email protected]
ADJOURNMENT
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on at by
date time signature
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CITY OF MODESTO
COMMITTEE AGENDA REPORT
DATE OF MEETING:
March 11, 2024
Date: February 13, 2024
TO: Safety and Communities Committee
Rosa Escutia-Braaton, Chair
Jeremiah Williams, Vice-Chair
Chris Ricci, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Jeremy Rogers, Director of Parks, Recreation and Neighborhoods SUBJECT: Increase in Director’s Authority for Change Orders for the Tuolumne River Regional Park (TRRP) Non-Motorized Boat Launch Project
CONTACT: Nathan Houx, Parks Planning and Development Manager, [email protected], 209-571-5526
DESCRIPTION:
Consider increasing the Director of Engineering Services authority to issue Change Orders on the Tuolumne River Regional Park (TRRP) Non-Motorized Boat Launch Project from eight percent (8%) ($132,716) to fifteen and one-half percent (15.5%) ($257,138) for a total amount not to exceed $1,916,093 and forwarding to Council for approval. (Funding Source: TRRP Capital Improvement Program (CIP) Fund, Parks CFF Fund, and Non-Motorized Boating Facilities Grant Program Funds)
STRATEGIC PLAN ELEMENT:
This item is consistent with the following 2020-2025 Strategic Plan Areas of Focus: Quality of Life and Governance and Service Delivery.
BACKGROUND:
The City and TRRP want to encourage safe recreational use of the Tuolumne River by residents as well as establish an in-demand tourism destination. The removal of the remnant Dennett Dam in summer 2018 provided an opportunity to construct a Tuolumne River boating access facility which will offer regional users water-based recreational programming, including canoe, kayak, and rafting services, as well as improved emergency river access.
The Neece Drive site is identified in the Tuolumne River Regional Park (TRRP) Master Plan for a Boat Launch and the site’s topography, ease of highway access, river programming opportunities and availability of City-owned land presents favorable conditions for this site.
On March 13, 2018, by Resolution No. 2018-125 Council accepted $780,000 in grant funds from the California Division of Boating and Waterways (DBW) Recreational Boating and Facilities #1..
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Safety and Communities, March 11, 2024
Increase in Director’s Authority for Change Orders for the Tuolumne River Regional Park (TRRP) Non-Motorized Boat Launch Project
with Public Access Grant Program to design and construct a public access non-motorized boat launch and river access facility on the Tuolumne River.
On February 26, 2019, by Resolution No. 2019-82, Council approved an Agreement with O’Dell Engineering Inc, for the preparation of construction documentation for the project.
On July 11, 2023, by Resolution No. 2023-346, Council approved an Agreement with Harris Builders Inc, for $1,658,955 plus $132,716 (8%) in contingency, for the construction contract for the project.
DISCUSSION:
The City’s “Change Order Approval Policy” enacted by Council Resolution No. 1994-443 on July 19, 1994, revised on July 9, 2019, by Council Resolution No. 2019-326, and revised a second time on September 12, 2023, by Council Resolution No. 2023-405, established an agreement change order authority of 10% for construction contracts greater than $1,000,000 but less than $10,000,000.
While the contingency policy is utilized for each construction contract awarded by the City, it is not written into each contract, nor is it a guaranteed amount included in the final compensation to the contractor. Prior to bidding a project, staff works diligently to ensure all projects and bid packages contain well-defined scopes of work and all projects stay within budget.
Contract change orders are a standard component of construction contracts given the unique nature of construction work. Change orders provide parties the flexibility to address unexpected changes in project scope and unforeseen conditions to add or delete work as necessary in an expedient and efficient manner.
In most cases, the budgeted amount set by policy is sufficient. However, as it relates to the Tuolumne River Regional Park (TRRP) Non-Motorized Boat Launch Project, change order costs are expected to exceed the contingency amount allowed by policy. Change orders are anticipated due to necessary design adjustments due to unknown and unsuitable construction conditions in the river and unforeseen conditions such as an unexpected early pulse flow in the river.
During the construction period, the contractor was required to work at an expedited rate to install and complete all in-water work within the Tuolumne River’s waterway before the annual fish pulse from the Don Pedro Dam commenced on October 5th. This was an unforeseen condition since the annual fish pulse period usually begins on October 15th and this resulted in the loss of ten (10) critical in-water workdays.
FISCAL IMPACT:
An amendment to the Director of Engineering Services authority to issue change orders for Tuolumne River Regional Park (TRRP) Non-Motorized Boat Launch Project from eight percent (8%) ($132,716) to fifteen- and one-half percent (15.5%) ($257,138) of the original construction contract price of $1,658,955 is being requested. Since the start of the project an additional $100,000 was budgeted from the TRRP CIP fund to help cover the cost of change orders and no additional funding is required for staff time to implement the increase in Director’s authority #1..
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Safety and Communities, March 11, 2024
Increase in Director’s Authority for Change Orders for the Tuolumne River Regional Park (TRRP) Non-Motorized Boat Launch Project
as it is budgeted in CIP Project 101071 – TRRP Neece Drive Boat Launch located in the TRRP Special Revenue Fund - CIP (6710).
Anticipated Construction Expenditure
Original Amended
Construction Contract – Harris Builders Inc. $ 1,658,955 $ 1,658,955 Contract Change Orders $ 132,716 $ 257,138
Total Construction Contract $ 1,791,671 $ 1,916,093
CEQA/NEPA REQUIREMENTS:
The Neece Drive Boat Launch is identified and included in the TRRP Master Plan, Environmental Impact Report (EIR) adopted in 2007. Staff prepared an Initial Study, Environmental Checklist No. EA 2018-005, which concludes the project is within the scope of the General Plan Master EIR (SCH No. 2007072023) and the TRRP Masterplan EIR (SCH No. 2000022028), and pursuant to Section 21157.1(b) of the CEQA Guidelines, no new environmental review is required.
RECOMMENDED COMMITTEE ACTION:
Staff Recommendations:
Motion recommending increasing the Director of Engineering Services authority to issue Change Orders on the Tuolumne River Regional Park (TRRP) Non-Motorized Boat Launch Project from the contracted contingency amount of eight percent (8%) ($132,716) to fifteen and one half percent (15.5%) ($257,138) of the original construction contract price of $1,658,955 with Harris Builders Inc., of Hilmar, CA, for a total amount not to exceed $1,916,093, and forwarding to Council for approval.
Approved by:
Jeremy Rogers, Director of Parks, Recreations and
Neighborhoods
Joseph P. Lopez, City Manager
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CITY OF MODESTO
COMMITTEE AGENDA REPORT
DATE OF MEETING:
March 11, 2024
Date: February 20, 2024
TO: Safety and Communities Committee
Rosa Escutia-Braaton, Chair
Jeremiah Williams, Vice-Chair
Chris Ricci, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Kevin Wise, Interim Fire Chief
SUBJECT: Annual State-Mandated Reporting of Fire Inspections CONTACT: Kevin Wise, Interim Fire Chief, [email protected], 209-572-9590 DESCRIPTION:
Consider the Annual Fire Inspection Report for 2023 and forwarding to Council for approval. (Funding Source: Not Applicable)
STRATEGIC PLAN ELEMENT:
This action supports the City of Modesto 2020-2025 Strategic Plan focus on quality of life under Goal A: Improve Community Safety.
BACKGROUND:
California Code of Regulations Title 19 requires specific buildings to be inspected annually.
CCR T-19 13146.4(a) states that “Every city or county fire department or district is required to perform an annual inspection pursuant to Sections 13146.2 and 13146.3 shall report annually to its administering authority on its compliance with Sections 13146.2 and 13146.3.” This report is being presented to the Committee to receive approval to forward to City Council as our “administering authority” for acceptance to fulfill this requirement.
Sections 13146.2 and 13146.3 of the California Health and Safety Code require inspection of hotels, motels and apartment buildings and all buildings used as public and private schools, respectively.
DISCUSSION:
Each year the state requires annual inspections in two types of occupancies, Hotels/Apartments and Schools (both public and private). In the City of Modesto there are 627 Hotel/Apartment Occupancies, 80 of which (12%) had completed inspections in 2023. There are 74 School Occupancies, 1 of which (1%) had a completed inspection in 2023. #2..
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Safety and Communities Committee, March 11, 2024
State-Mandated Reporting of Fire Inspections
The low number of inspections can be attributed to multiple factors at the department level.
Primarily, there was low staff numbers, including a vacancy in the leadership position of the Fire Inspection division. Additionally, these mandated inspections were only made to be a staff priority in the last quarter of 2023. In 2024, we anticipate a greater completion percentage of the required inspections.
FISCAL IMPACT:
There is no fiscal impact with this report.
RECOMMENDED COMMITTEE ACTION:
Staff Recommendations:
Motion recommending the Annual Fire Inspection Report for 2023 and forwarding to Council for approval.
Approved by:
Kevin Wise, Interim Fire Chief
Joseph P. Lopez, City Manager
Attachments:
1. Report of Fire Inspection Statistics
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“PROUDLY SERVING, PROTECTING, AND PARTNERING FOR A SAFER COMMUNITY” Modesto | Ceres | Oakdale | Knights Ferry | Valley Home | Riverbank | Empire | Waterford | La Grange | Turlock | Salida
MODESTO FIRE
DEPARTMENT
409 12th STREET | MODESTO, CALIFORNIA 95354 | PHONE 209.572.9590 Date: March 11, 2024
From: David Bickle, Fire Marshal
Subject: State-Mandated Reporting of Fire Inspections
To the Administering Authority:
Below are the statistics of inspections performed by the Modesto Fire Department in 2023:
Hotels and Apartments:
Total inventory 627
Inspections completed 80
Percentage completed 12%
Public and Private Schools:
Total inventory 74
Inspections completed 1
Percentage completed 1%
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