AGENDA

City of Modesto

CITY COUNCIL MEETING
Chambers, Basement Level
Tenth Street Place, 1010 10th Street
Modesto, California

Tuesday, October 10, 2023 at 5:30 PM

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 City Council meeting via Zoom

The City of Modesto is now offering the ability to view 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 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

SUBMITTING COMMENTS BY E-MAIL

Written comments may be submitted via email to: ccmeetings@modestogov.com (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.

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.

Pledge of Allegiance to the Flag

Invocation: Lyn Crase, Emanuel Lutheran

City Clerk’s Announcements

Declaration of Conflicts of Interest

Reports from Closed Session

ACKNOWLEDGEMENTS AND PRESENTATIONS

1.

StanCOG Community Outreach for Unmet Transit Needs Process. (Funding Source: Not Applicable)

CITY MANAGER; Joseph Lopez, 209-577-5223, joelopez@modestogov.com 

MISCELLANEOUS

Legislation, Appointments, Other

2.

Consider reappointing Kayvon Banankhah, Lolamaya Evans, Jossfin Garza, Hamza Modan and Abigail Manzano, and appointing Saida Alvarez, Edith Hughes, Martin Montez, and Sabrina Toor to the Modesto Youth Commission for the 2023–2024 school year from October 11, 2023 through June 30, 2024. (Funding Source: Not Applicable)

Staff Recommendation:

• Resolution reappointing Kayvon Banankhah, Lolamaya Evans, Jossfin Garza, Hamza Modan and Abigail Manzano to the Modesto Youth Commission for the 2023–2024 school year from October 11, 2023 through June 30, 2024.  
• Resolution appointing Saida Alvarez, Edith Hughes, Martin Montez, and Sabrina Toor to the Modesto Youth Commission for the 2023–2024 school year from October 11, 2023 through June 30, 2024.

PRN; Laurie Smith, 209-577-5347, lsmith@modestogov.com 

PUBLIC COMMENT IN PERSON

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.

CONSENT
 

An item may be removed from consent and discussed at the request of an audience member or Councilmember.

Consent

3.

Consider approving the minutes from the September 26, 2023 Council Meeting. (Funding Source: Not Applicable)

Staff Recommendation:

• Motion approving the minutes from the September 26, 2023 Council Meeting.

CITY CLERK; Diane Nayares-Perez, 209-577-5396, dnayaresperez@modestogov.com 

Consent

4.

Consider approving Final Adoption of Ordinance 3766-C.S. amending sections of Title 8, Chapter 3 of the Modesto Municipal Code to increase the City Manager’s authority for all Contracts and Purchase Orders from $50,000 to $100,000 for Goods/Services; increasing the City Manager’s authority for all Emergency Projects, Purchases and Services; increasing the Formal Bidding Authority from $50,000 to $100,000; expanding the definition of Professional Services; and adding language to allow Electronic Bidding; and rescinding the first reading of the Ordinance approved by Council on July 11, 2023. (Funding Source: Not Applicable)

Staff Recommendation:

• Motion approving Final Adoption of Ordinance 3766-C.S. amending sections of Title 8, Chapter 3 of the Modesto Municipal Code to increase the City Manager’s authority for all Contracts and Purchase Orders from $50,000 to $100,000 for Goods/Services; increasing the City Manager’s authority for all Emergency Projects, Purchases and Services; increasing the Formal Bidding Authority from $50,000 to $100,000; expanding the definition of Professional Services; and adding language to allow Electronic Bidding; and rescinding the first reading of the Ordinance approved by Council on July 11, 2023.

CITY CLERK; Diane Nayares-Perez, 209-577-5396, dnayaresperez@modestogov.com 

Consent

5.

Consider approving the recommended Budget Adjustments to Fiscal Year 2023-24 Annual Operating and Capital Improvement Program Budgets. (Funding Source: Various Funds)

Staff Recommendation:

• Resolution amending Fiscal Year 2023-24 Annual Operating and Capital Improvement Project Fund Budgets and authorizing the City Manager, to take the necessary steps to implement the provisions of this Resolution.

BUDGET; Steve Christensen, 209-577-5390, schristensen@modestgov.com 

Consent

6.

Consider approving a Will Serve Letter and an Outside Service Agreement between the City of Modesto and Dana Hargrove and Kwang Chon, husband and wife, to connect to the City of Modesto’s existing sewer system for the property located at 1613 Woodland Ave, (APN:  081-029-029) in an unincorporated  area of Stanislaus County. (Funding Source: Sewer Fund, General Fund)

Staff Recommendation:

• Resolution approving a Will Serve Letter and Outside Service Agreement between the City of Modesto and Dana Hargrove and Kwang Chon, husband and wife, to connect to the City of Modesto’s existing sewer system for the property located at 1613 Woodland Ave (APN: 081-029-029), in an unincorporated area of Stanislaus County, and authorizing the City Manager, or his designee, to sign the Will Serve Letter and execute the Outside Service Agreement.

ENGINEERING SERVICES; Toby Wells, 209-571-5542, twells@modestogov.com 

Consent

7.

Consider approving an Agreement for Concrete Services with United Pavement Maintenance, Hughson, CA for a total amount not to exceed $2,350,000 for a one-year Agreement. (Funding Source: Measure H, Water Fund and General Fund)

Staff Recommendation:

• Resolution approving an Agreement with United Pavement Maintenance, Hughson, CA for a one-year Agreement for a total amount not to exceed $2,350,000; and authorizing the City Manager or his designee to execute the Agreement.

FINANCE DEPARTMENT; Dianne Love, 209-571-5164, dlove@modestogov.com 

Consent

8.

Consider approving the Agreements for Rental Fleet Services with Herc Rentals, Modesto, California (CA), Holt of California, Salida, California and United Rentals, Modesto, California for a total amount not to exceed $2,000,000 over five years. (Funding Source: Various Funds)

Staff Recommendation:

• Resolution approving the Agreements with Herc Rentals, Modesto, CA, Holt of California, Salida, CA, and United Rentals, Modesto, CA, by utilizing the Competitive Bid Process with OMNIA Partners and Sourcewell, for Rental Fleet Services for a one-year Agreement with four one-year extension options, for an annual estimated amount of $400,000 and a total amount not to exceed $2,000,000 over five years; and authorizing the City Manager or his designee to execute the Agreements.

FINANCE DEPARTMENT; Dianne Love, 209-571-5164, dlove@modestogov.com 

Consent

9.

Consider approving the First Amendment to the Purchasing Agreements with Ferguson Waterworks, Modesto CA, Iconix Waterworks, McClellan CA, and American AVK, Minden NV for Concrete Boxes, Covers, Valves, Hydrants and Fittings to a revised total amount not to exceed $8,700,000 over five years. (Funding Source: Water Fund)

Staff Recommendation:

• Resolution approving the First Amendment to the Purchasing Agreements with Ferguson Waterworks, Modesto, CA, Iconix Waterworks, McClellan, CA, and American AVK, Minden, NV for Concrete Boxes, Covers, Valves, Hydrants and Fittings increasing the annual estimated spending by $975,000 from $765,000 to a revised annual estimated amount of $1,740,000 and a revised total amount not to exceed $8,700,000 over five years; and authorizing the City Manager or his designee to execute the Amendments.

FINANCE DEPARTMENT; Dianne Love, 209-571-5164, dlove@modestogov.com 

Consent

10.

Consider approving the Second Amendment for Fleet Tire Purchases with McCoy Truck Tire, Modesto, CA and Valley Tire, Modesto, CA to increase the Agreement to a revised total amount of $2,170,000. (Funding Source: Water Fund)

Staff Recommendation:

• Resolution approving the Second Amendment for Fleet Tire Purchases with McCoy Truck Tire, Modesto, CA and Valley Tire, Modesto, CA to increase the Agreement amount by $400,000 to a revised total amount of $2,170,000 through the Term of the Agreement and extending the Term Date from October 22, 2023, to October 22, 2024; and authorizing the City Manager or his designee to execute the Amendment.

FINANCE DEPARTMENT; Dianne Love, 209-571-5164, dlove@modestogov.com 

Consent

11.

Consider approving updated pricing for seven bid events for Fleet Additions and Replacement Vehicles by $381,773. (Funding Source: Fleet Replacement Fund, Police Grants and Traffic Safety)

Staff Recommendation:

• Resolution approving an increase to the amount for the purchase of one Low-Profile Dump Truck to Cobalt Truck, Las Vegas, NV by $2,556, increasing the Purchase Order from $115,932 to a new total amount not to exceed $118,488, and authorizing the Purchasing Manager, or her designee, to update the Purchase Order.
• Resolution approving an increase to the amount for the purchase of two One-Ton Extended Cab Trucks to Napa Ford, Napa, CA by $38,531, increasing the Purchase Order from $110,114 to a new total amount not to exceed $148,645, and authorizing the Purchasing Manager, or her designee, to update the Purchase Order.
• Resolution approving an increase to the amount for the purchase of four One-Ton Trucks to Napa Ford, Napa, CA by $84,050, increasing the Purchase Order from $188,429 to a new total amount not to exceed $272,479, and authorizing the Purchasing Manager, or her designee, to update the Purchase Order.
• Resolution approving an increase to the amount for the purchase of two Passenger Vans to Napa Ford, Napa, CA by $60,308, increasing the Purchase Order from $95,206 to a new total amount not to exceed $155,514, and authorizing the Purchasing Manager, or her designee, to update the Purchase Order.
• Resolution approving an increase to the amount for the purchase of twelve Half-Ton Trucks to Penske Chevrolet, Cerritos, CA by $178,160, increasing the Purchase Order from $425,159 to a new total amount not to exceed $603,319, and authorizing the Purchasing Manager, or her designee, to update the Purchase Order.
• Resolution approving an increase to the amount for the purchase of one Peterbilt Class 4-8 Chassis with related equipment with Interstate Truck Center dba Valley Peterbilt, Turlock, CA by $16,726, increasing the Purchase Order from $199,846 to a new total amount not to exceed $216,572, and authorizing the Purchasing Manager, or her designee, to update the Purchase Order.
• Resolution approving an increase to the amount for the purchase of four Forklifts with Cromer Material Handling, Pasadena, CA by $1,442, increasing the Purchase Order from $155,539 to a new total amount not to exceed $156,981, and authorizing the Purchasing Manager, or her designee, to update the Purchase Order.

FINANCE DEPARTMENT; Dianne Love, 209-571-5164, dlove@modestogov.com 

Consent

12.

Consider a Memorandum of Agreement (MOA) between the Modesto Fire Department, Turlock Fire Department, Stanislaus Consolidated Fire Protection District and Cal Fire Tuolumne-Calaveras Unit, for participation in the Central Valley Incident Management Team. (Funding Source: Not Applicable)

Staff Recommendation:

• Resolution approving a Memorandum of Agreement (MOA) between the Modesto Fire Department, Turlock Fire Department, Stanislaus Consolidated Fire Protection District and Cal Fire Tuolumne-Calaveras Unit, for participation in the Central Valley Incident Management Team and authorizing the City Manager, or his designee, to execute the MOA.

FIRE DEPARTMENT; Kevin Wise, 209-572-9590, kwise@modestofire.com 

Consent

13.

Consider approving a Memorandum of Understanding (MOU) for Oversight of the Fire and Emergency Medical Services (EMS) Public Safety Programs between the City of Modesto and Yosemite Community College District for a five-year term, and an Instructional Service Agreement (ISA) between the Yosemite Community College District (on behalf of Modesto Junior College) and the City of Modesto for the provision of certain Instructional Services within the State of California. (Funding Source: General Fund)

Staff Recommendation:

• Resolution approving a Memorandum of Understanding (MOU) for Oversight of the Fire and EMS Public Safety Programs between the City of Modesto and Yosemite Community College District, and an Instructional Service Agreement (ISA) between the Yosemite Community College District (on behalf of Modesto Junior College) and the City of Modesto for the provision of certain Instructional Services within the State of California and authorizing the City Manager, or his designee, to execute the Agreements.

FIRE DEPARTMENT; Kevin Wise, 209-572-9590, kwise@modestofire.com 

Consent

14.

Consider approving Agreements for Tree Pruning and Removal Services with West Coast Arborists, Inc., Anaheim, CA; Greentek Services, LLC, Oroville, CA; and Rumble Tree, Inc., Modesto, CA in a total amount between all Agreements combined not to exceed $10,320,000 over five years. (Funding Source: Measure H and Various Other Funds)

Staff Recommendation:

• Resolution approving Agreements for Tree Pruning and Removal Services with West Coast Arborists, Inc., Anaheim, CA; Greentek Services, LLC, Oroville, CA; and Rumble Tree, Inc., Modesto, CA in a total amount between all Agreements combined not to exceed $10,320,000 over five years and authorizing the City Manager, or his designee, to execute the Agreements.
• Resolution amending the Fiscal Year 2023-24 Annual Operating Budget to appropriate unassigned Fiscal Year 2022-23 Measure H Fund carryover to increase the expenditure budget by $380,000 in the Public Works – Measure H – Community Forestry Cost Center (56041) in the Measure H Fund (0160) for the increase in the Tree Removal and Stump Grinding Services Agreement and authorizing the City Manager to take the necessary steps to implement the required budget adjustments.

PRN; Nathan Houx, 209-571-5526, nhoux@modestogov.com 

Consent

15.

Consider approving the Culture Commission’s nomination to make the Yellow-Billed Magpie the City Bird of Modesto. (Funding Source: Not Applicable)

Staff Recommendation:

• Resolution approving the Culture Commission’s nomination to make the Yellow-Billed Magpie the City Bird of Modesto.

PRN; Laurie Smith, 209-577-5347, lsmith@modestogov.com 

Consent

16.

Consider approving the Plans and Specifications for the Upgrade Traffic Signals 2019 Project with locations at Blue Gum Avenue at Carpenter Road, 12th Street at G Street, and, 17th at I Street, accepting the Bid, and Awarding a Contract to St. Francis Electric, LLC of San Leandro, CA in the amount of $1,561,400, and Change Orders up to the cumulative amount of $156,140 for a total amount not to exceed $1,717,540. (Funding Source: Congestion Mitigation and Air Quality)

Staff Recommendation:

• Resolution approving the Plans and Specifications for the Upgrade Traffic Signals 2019 Project, accepting the Bid, and Awarding a Contract to St. Francis Electric, LLC of San Leandro, CA, in the amount of $1,561,400, and Change Orders up to the cumulative amount of $156,140 for a total amount not exceed $1,717,540, and authorizing the City Manager, or his designee, to execute the Agreement.

PUBLIC WORKS; Mark Murphy, 209-577-5431, mmurphy@modestogov.com 

COUNCIL COMMENTS & REPORTS

CITY MANAGER COMMENTS & REPORTS

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, OCTOBER 10, 2023 AT 4:30 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:

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

Two Cases (Pursuant to Section 54956.9(d)(1) of the Government Code)

Name of Case:   City of Modesto, et al. v. The Dow Chemical Company, et al.  (PCE)

     Superior Court of the State of California 

                           Case No: CGC-98-999345 and CGC-98-999643

                           Perkins v. City of Modesto, et al.

                           United States District Court

                           Case No. 1:19-CV-00126- JLT- EPG