- 1 -
1/25/2022 5:30:00 PM
MODESTO CITY COUNCIL
www.modestogov.com
AGENDA
City of Modesto
CITY COUNCIL MEETING
Held Via Teleconference
(To Access Meeting Please See Instructions Below)
Tuesday, January 25, 2022 at 5:30 PM
*Roll Call - Councilmembers Escutia-Braaton, Kenoyer, Madrigal, Ricci, Wright, Zoslocki, Mayor Zwahlen
* Some Councilmembers may be calling in. (Please Note: In order to respond to COVID-19 the City will hold this meeting via teleconference pursuant to AB 361
THIS MEETING WILL NOT BE PHYSICALLY OPEN TO THE PUBLIC
In order to minimize the spread of the COVID-19 virus, this meeting will be conducted pursuant to AB 361, which amended the Brown Act’s teleconferencing provisions and will not be 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.
PARTICIPATING IN CITY COUNCIL MEETINGS IN CONFORMANCE
WITH AB 361
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 by 3:00 p.m. on the day of the meeting.
- 2 -
1/25/2022 5:30:00 PM
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.
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. - 3 -
1/25/2022 5:30:00 PM
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: Jon Apodaca, Good Life
City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Presentation by Stanislaus Council of Governments regarding 2022 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS). (Funding Source:
Not Applicable)
CITY MANAGER; Joseph Lopez, 209-577-5223, [email protected]
PUBLIC COMMENT PERIOD
Please refer to special public 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 - 4 -
1/25/2022 5:30:00 PM
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 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 ITEMS
An item may be removed from consent and discussed at the request of an audience member or Councilmember.
Consent
2. Consider approving the minutes from the January 11, 2022 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving the minutes from the January 11, 2022 Council Meeting.
CITY CLERK; Dana Sanchez, 209-577-5396, [email protected] Consent
3. Consider authorizing staff to submit a California Department of Transportation Clean California Local Grant Program application intended to develop a city-owned vacant lot at 1850 Rouse Avenue (APN: 037053040) to a walking path with amenities for the neighborhood, and a grant application for financial support to launch a Multi-Family Bulky Item Pick-Up Program. (Funding Source: Not Applicable) Staff Recommendation:
Resolution authorizing staff to submit a California Department of Transportation Clean California Local Grant intended to develop a city-owned vacant lot at 1850 Rouse Avenue (APN: 037053040) to a walking path with amenities for the neighborhood, and a grant application for financial support to launch a multi-family bulky item pick-up program and authorizing the City Manager, or his designee, to execute such documents as necessary to carry out - 5 -
1/25/2022 5:30:00 PM
the purpose of this Resolution.
CITY MANAGER; Edgar Garcia, 209-571-5101, [email protected] Consent
4. Consider authorizing the City Manager, or his designee, to solicit applications from the community for the Citizen’s Salary Setting Commission in compliance with the City Charter. (Funding Source: Not Applicable)
Staff Recommendation:
Motion authorizing the City Manager, or his designee, to solicit applications from the community for the Citizen’s Salary Setting Commission in compliance with the City Charter.
CITY MANAGER; Edgar Garcia, 209-571-5101, [email protected] Consent
5. Consider approving a Settlement Agreement with John K. Peltier, Administrator of the Estate of Ida A. McClure and rescinding Resolution No. 2015-477, removing the surplus designation from the McClure Property. (Funding Source: Not Applicable) Staff Recommendation:
Resolution approving a Settlement Agreement with John K. Peltier, Administrator of the Estate of Ida A. McClure and rescinding Resolution No. 2015-477, removing the surplus designation from the McClure Property and authorizing the City Manager or his designee, to execute the Agreement.
CITY MANAGER; Scotty A. Douglass, 209-577-9149, [email protected] Consent
6. Consider accepting an informational report on the September and October 2021 grant applications and awards. (Funding Source: Not Applicable) Staff Recommendation:
Motion accepting an informational report for the September and October 2021 grant applications and awards.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
Consent
7. Consider approving an increase to the purchase order amount with Dell Technologies, of Round Rock, TX by $ 291,534 from $1,950,000 to new total amount not to exceed $2,241,534 and a first amendment and increasing the Agreement amount with Stommel Inc. DBA Lehr Auto Electric, Sacramento, CA by $125,295 from $320,000 to $445,295 for the first two years and new total amount not to exceed $925,295,for the purchase and installation of mobile data computers for the Modesto Police Department, and allow the Director of Finance to add parts and services to the Lehr Auto Electric Agreement as business needs change. (Funding Source: General Fund) Staff Recommendation:
Resolution approving an increase to the purchase order amount with Dell Technologies, of Round Rock, TX by $ 291,534 from $1,950,000 to new total amount not to exceed $2,241,534; and authorizing the Purchasing Manager, or - 6 -
1/25/2022 5:30:00 PM
her designee, to execute the purchase order.
Resolution approving a first amendment and increasing the Agreement amount with Stommel Inc. DBA Lehr Auto Electric, Sacramento, CA by $125,295 from $320,000 to $445,295 for the first two years and new total amount not to exceed $925,295, for the purchase and installation of mobile data computers for the Modesto Police Department, and allow the Director of Finance to add parts and services to the Lehr Auto Electric agreement as business needs change; and authorizing the Director of Finance, or her designee, to execute the amendment.
FINANCE DEPARTMENT; Cynthia Kline, 209-577-5412, [email protected] Consent
8. Consider approving the award of bid for a Three Axle Roll-off Bin Hauler Truck to Interstate Truck Center, LLC, Stockton, CA for a total amount not to exceed $164,941; and approving the competitive bidding process from Sourcewell (formerly National Joint Powers Alliance) with Caterpillar Inc. authorized dealer Holt of CA, Stockton, CA for Two Loader Claws for a total amount not to exceed $242,870; and approving the award of bid for Twelve Half-ton Trucks to Penske Chevrolet, Cerritos, CA for a total amount not to exceed $425,159. (Funding Source: Fleet Replacement Fund) Staff Recommendation:
Resolution approving the award of bid for a Three Axle Roll-off Bin Hauler Truck to Interstate Truck Center, LLC, Stockton, CA for a total amount not to exceed $164,941; and authorizing the Purchasing Manager, or her designee, to issue the purchase order.
Resolution approving the competitive bidding process from Sourcewell (formerly National Joint Powers Alliance) with Caterpillar Inc. authorized dealer Holt of CA, Stockton, CA for two Loader Claws for a total amount not to exceed $242,870; and authorizing the Purchasing Manager, or her designee, to issue the purchase order.
Resolution approving the award of bid for the Twelve Half-ton Trucks to Penske Chevrolet, Cerritos, CA to for a total amount not to exceed $425,159 and authorizing the Purchasing Manager, or her designee, to issue the purchase order.
FINANCE DEPARTMENT; Cynthia Kline, 209-577-5412, [email protected] Consent
9. Consider approving an Agreement to provide Fire Administrative Services between the City of Modesto and the Stanislaus Consolidated Fire Protection District for a fiveyear, five-month term, with one two-year extension option, amending the Position Allocation for Fiscal Year 2021-2022 as adopted in the operating budget, and amending the Fiscal Year 2021-22 Operating Budget by $148,364 in revenues and $127,530 in expenses. (Funding Source: General Fund)
Staff Recommendation:
Resolution approving an Agreement to provide Fire Administrative Services between the City of Modesto and the Stanislaus Consolidated Fire Protection District for a five-year, five-month term, with one two-year extension option, and authorizing the City Manager, or his designee, to execute the Agreement. - 7 -
1/25/2022 5:30:00 PM
Resolution amending the Position Allocation for Fiscal Year 2021-2022 as adopted in the operating budget.
Resolution amending the Fiscal Year 2021-22 Operating Budget by $148,364 in revenues and $127,530 in expenses and authorizing the City Manager, or his designee, to implement the provisions the resolution.
FIRE DEPARTMENT; Alan Ernst, 209-572-9590, [email protected] Consent
10. Consider approving an Agreement to provide fire protection services between the City of Modesto, the City of Oakdale and the Oakdale Fire Protection District for a fiveyear term, with one two-year extension option. (Funding Source: General Fund) Staff Recommendation:
Resolution approving an Agreement to provide fire protection services between the City of Modesto, the City of Oakdale and the Oakdale Fire Protection District for a five-year term, with one two-year extension option, and authorizing the City Manager, or his designee, to execute the Agreement.
FIRE DEPARTMENT; Alan Ernst, 209-572-9590, [email protected] Consent
11. Consider approving an Agreement with Arrow Construction, of Manteca, CA, for Subsurface Exploration (Potholing) Services for the La Loma Sewer Project in the amount of $143,000 for the identified scope of services, plus $14,300 in additional services, if needed, for a total not to exceed amount of $157,300. (Funding Source:
Wastewater Fund)
Staff Recommendation:
Resolution approving an Agreement with Arrow Construction, of Manteca, CA, for Subsurface Exploration (Potholing) Services for the La Loma Sewer Project in the amount of $143,000 for the identified scope of services, plus $14,300 in additional services, if needed, for a total amount not to exceed $157,300 and authorizing the City Manager, or his designee, to execute the Agreement.
UTILITIES; Cristian Ciotau, 209-577-5260, [email protected] Consent
12. Consider approving an Agreement with West Yost Associates, Sacramento, CA, for Engineering Services for the development of a Well Equipping Design Template in the amount of $70,300 for the identified scope of services, plus $7,030 in additional services, if needed for a total not to exceed amount of $77,330 and amending the Fiscal Year 2021/22 Multi-Year Program Budget. (Funding Source: Water Fund) Staff Recommendation:
Resolution approving an Agreement with West Yost Associates, of Sacramento, CA, for Engineering Services for the development of a Well Equipping Design Template in the amount of $70,300 for the identified scope of services, plus $7,030 in additional services, if needed, for a total amount not to exceed $77,330 and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution amending the Fiscal Year 2021/22 Multi-Year Program Budget in - 8 -
1/25/2022 5:30:00 PM
the amount of $87,875 to be transferred into the project from Water Reserves to fund the development of a Well Equipping Design Template and authorizing the City Manager, or his designee, to implement the provisions of the resolution.
UTILITIES; Robert Davalos, 209-571-5869, [email protected] Consent
13. Consider approving an On-Call Construction Services Agreement with Ewing Construction Services, of Davis, CA, for a term of one-year with two one-year extensions options, not to exceed $100,000 per year for a total not to exceed amount of $300,000 over three years. (Funding Source: Various Capital Improvement Projects) Staff Recommendation:
Resolution approving an On-Call Agreement for Construction Services with Ewing Construction Services, Davis, CA, for one year with two one-year extension options, for an annual cost not to exceed $100,000, and a total cost not to exceed $300,000 over three years, and authorizing the City Manager, or his designee, to execute the Agreement.
UTILITIES; Jesse Franco, 209-571-5175, [email protected] Consent
14. Consider approving an On-Call Real Property Consulting Services Agreement with Associated Right of Way Services, of Pleasant Hill, CA, for a term of one-year with two one-year extension options, not to exceed $100,000 per year for a total not to exceed amount of $300,000 over three years. (Funding Source: Various Capital Improvement Projects)
Staff Recommendation:
Resolution approving an On-Call Real Property Consulting Services Agreement with Associated Right of Way Services, of Pleasant Hill, CA, for a term of one year with two one-year extension options, for an annual cost not to exceed $100,000, and a total cost not to exceed $300,000 over three years, and authorizing the City Manager, or his designee, to execute the Agreement.
UTILITIES; Jesse Franco, 209-571-5175, [email protected]
COUNCIL COMMENTS & REPORTS
CITY MANAGER COMMENTS & REPORTS
NEW BUSINESS
15. Consider approving the adoption of a Diversity, Equity, & Inclusion Program and supporting plans including the Equal Employment Opportunity Plan (EEOP), Language Access Plan, Americans with Disabilities (ADA) Plan and amending the Equal Opportunity/Disability Commission and Article II Duties to the Equity Commission. (Funding Source: Various Funds)
- 9 -
1/25/2022 5:30:00 PM
Staff Recommendation:
Resolution adopting a Diversity, Equity, and Inclusion Program. Resolution adopting the City of Modesto Equal Employment Opportunity Plan for Fiscal Years 2021-22 through 2026-27.
Resolution adopting the City of Modesto Language Access Plan. Resolution approving an amendment to the Equal Opportunity/Disability Commission to retitle to the Equity Commission and amending Article II Duties.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected]
16. Consider approving an eighteen month Park Ranger Pilot Program to allocate and hire four full time Police Cadet II’s to serve as Park Rangers to patrol and conduct outreach in city parks, trails and open spaces, for a total amount not to exceed $623,708, amending the Position Allocation for Fiscal Year 2021-22 as adopted in the Operating Budget, and introducing an Ordinance amending Section 1-2.10 of the Modesto Municipal Code relating to issuance of citations by designated employees, to include Park Rangers and Police Cadet II’s. (Funding Source: American Rescue Plan Act) Staff Recommendation:
Resolution approving an eighteen month Park Ranger pilot program to hire four full time Police Cadet II’s to serve as Park Rangers to patrol and conduct outreach in city parks, trails and open spaces, for a total amount not to exceed $623,708.
Resolution amending the Position Allocation for Fiscal Year 2021-22 as adopted in the Operating Budget.
Motion introducing and waiving the first reading of an Ordinance amending Section 1-2.10 of Title 1, “General Provisions,” Chapter 2, “Penalty Provisions,” of the Modesto Municipal Code, relating to issuance of citations by designated employees, to include Park Rangers and Police Cadet II’s.
POLICE DEPARTMENT; Brandon Gillespie, 209-572-9500,
[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
- 10 -
1/25/2022 5:30:00 PM
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, JANUARY 25, 2022, at 4:15 P.M.
and after the regularly scheduled meeting via Zoom.
Any and all of the following agenda items are subject to action being taken by the Modesto City Council.
The business to be considered at said City Council meeting shall consist of a Closed Session concerning the following:
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Two Cases (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: Stephanie Lopez v. City of Modesto, et al.
Superior Court of California, County of Stanislaus
Stanislaus County Case No.: CV-21-00925
Peltier v. City of Modesto
Superior Court of California, County of Stanislaus
Stanislaus County Case No. 2022652
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 - 11 -
1/25/2022 5:30:00 PM
Negotiator: Christina Alger
Employee Organization: Modesto Police Management Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCFFA Negotiator: Christina Alger
Employee Organization: Modesto City Firefighters Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – Unrepresented Negotiator: Christina Alger
Employee Organization: Unrepresented Management and Confidential Employees Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
at by
date time signature