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MODESTO CITY COUNCIL
www.modestogov.com
AGENDA
City of Modesto
CITY COUNCIL MEETING
Held Via Teleconference
(To Access Meeting Please See Instructions Below)
Tuesday, February 01, 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.
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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 -
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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: Ahmad Kayello, Islamic Center of Modesto
City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. County/Covid-19 Update (Funding Source: Not Applicable) CITY MANAGER; Joseph Lopez, 209-577-5223, [email protected]
2. Modesto Convention and Visitor’s Bureau Presentation (Funding Source: Not Applicable)
PRN; Laurie Smith, 209-577-5347, [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 - 4 -
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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 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
3. Consider approving the minutes from the January 25, 2022 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving the minutes from the January 25, 2022 Council Meeting.
CITY CLERK; Dana Sanchez, 209-577-5396, [email protected] Consent
4. Consider final adoption of Ordinance 3741-C.S. 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. (Funding Source: Not Applicable) Staff Recommendation:
Motion approving final adoption of Ordinance 3741-C.S. 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.
CITY CLERK; Dana Sanchez, 209-577-5396, [email protected] - 5 -
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Consent
5. Consider amending Section 23 of the Housing and Urban Development Policies and Procedures Manual (Section 3 Compliance). (Funding Source: Not Applicable) Staff Recommendation:
Resolution approving amended Section 23 of the HUD Policies and Procedures Manual (Section 3 Compliance).
CED; Jessica Hill, 209-577-5321, [email protected]
Consent
6. Consider approving an Emergency Solutions Grant CARES Act (ESG-CV2) to Center for Human Services for the operation of the Navigation Center – Low Barrier Youth Shelter located at 2008 W. Briggsmore Ave., Modesto, CA 95350 in an amount not to exceed $50,304 to prevent, mitigate, and respond to the spread of COVID-19 as well as $5,000 for activity delivery. (Funding Source: Emergency Solutions Grant CV2) Staff Recommendation:
Resolution approving an Emergency Solutions Grant CARES Act (ESG-CV2) to Center for Human Services for the operation of the Navigation Center – Low Barrier Youth Shelter located at 2008 W. Briggsmore Ave., Modesto, CA 95350 in an amount not to exceed $50,304 to prevent, mitigate, and respond to the spread of COVID-19 as well as $5,000 in activity delivery and authorizing the City Manager or his designee to execute any documents and/or Agreements.
CED; Jessica Hill, 209-577-5321, [email protected]
Consent
7. Consider approving the First Amendment to the Center for Human Services ESG CARES Act subrecipient Agreement for youth street outreach by increasing the contract amount from $40,000 to $56,893, extending the term of the Agreement from ending June 30, 2022 to September 30, 2022. (Funding Source: Emergency Solutions Grant CV2)
Staff Recommendation:
Resolution approving the First Amendment to the Center for Human Services ESG CARES Act subrecipient Agreement for youth street outreach by increasing the contract amount from $40,000 to $56,893, extending the term of the Agreement from ending June 30, 2022 to September 30, 2022, and authorizing the City Manager or his designee to execute the amendment.
CED; Jessica Hill, 209-577-5321, [email protected]
Consent
8. Consider approving the First Amendment to the Haven Women’s Center of Stanislaus ESG CARES Act subrecipient Agreement increasing the contract amount from $36,000 to $98,000, extending the term of the Agreement from ending June 30, 2022 to September 30, 2022 as well as increasing the activity delivery from $5,000 to $7,000. (Funding Source: Emergency Solutions Grant CV2)
Staff Recommendation:
Resolution approving the First Amendment to Haven Women’s Center of Stanislaus ESG CARES Act subrecipient Agreement, increasing the contract - 6 -
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amount from $36,000 to $98,000, extending the term of the Agreement from ending June 30, 2022 to September 30, 2022 as well as increasing the activity delivery from $5,000 to $7,000 and authorizing the City Manager or his designee to execute any documents.
CED; Jessica Hill, 209-577-5321, [email protected]
Consent
9. Consider approving a Second Amendment to Downtown Streets Inc. ESG CARES Act Program Subrecipient Agreement increasing the contract amount from $450,000 to $900,000 and extending the term of the Agreement from ending June 30, 2022, to September 30, 2022. (Funding Source: Emergency Solutions Grant CV2) Staff Recommendation:
Resolution approving the Second Amendment to Downtown Streets Inc ESG CARES Act Program Subrecipient Agreement increasing the contract amount from $450,000 to $900,000, extending the term of the Agreement from ending June 30, 2022, to September 30, 2022, and authorizing the City Manager or his designee to execute the Agreements.
CED; Jessica Hill, 209-577-5321, [email protected]
Consent
10. Consider approving an Agreement with Mr. Michael Baldwin Sr. Consultants, LLC to provide cultural relations and community building coaching for a one-year Agreement with two, one-year extension options, for an annual estimated cost of $98,500 and a total amount not to exceed $295,500 over three years. (Funding Source: General Fund, Edward Byrne Memorial Justice Assistance Grant (BJAG) Program and Supplemental Law Enforcement Services Funds (SLESF))
Staff Recommendation:
Resolution approving the Agreement with Mr. Michael Baldwin Sr. Consultants LLC to provide cultural relations and community building coaching for a oneyear Agreement with two, one-year extension options for an annual cost not to exceed $98,500 and a total amount not to exceed $295,500 over three years, and authorizing the City Manager, or his designee, to execute the Agreement.
POLICE DEPARTMENT; Brandon Gillespie, 209-572-9500,
[email protected]
Consent
11. Consider approving an Agreement with Spatialitics LLC, to provide access to GeoEnabled Software (GeoShield) products and services for a three-year term with two, one-year extension options at an estimated annual cost of $73,500, for an estimated total not to exceed $357,000 over five years. (Funding Source: General Fund) Staff Recommendation:
Resolution approving the Agreement with Spatialitics LLC to provide access to Geo-Enabled Software (GeoShield) for a three-year Agreement with two, oneyear extension options for annual cost not to exceed $73,500, and a total amount not to exceed $357,000 over five years, and to authorizing the City Manager, or his designee, to execute the Agreement.
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POLICE DEPARTMENT; Brandon Gillespie, 209-572-9500,
[email protected]
Consent
12. Consider approving the award of bid and Agreement for Fire Safety System Services to The BGR Group, Santa Clara, CA for a two-year Agreement with three one-year extension options, for an annual estimated cost for the first year of $292,370 and a total amount not to exceed $1,024,091 over five years, with any new site additions, removals, or substantive service changes to be authorized by the Director of Finance or her designee. (Funding Source: Various Funds)
Staff Recommendation:
Resolution approving the award of bid and Agreement for Fire Safety System Services to The BGR Group, Santa Clara, CA for a two-year Agreement with three one-year extension options, for an annual estimated cost for the first year of $292,370 and not to exceed amount of $1,024,091 over five years, and authorizing the Director of Finance, or her designee, to add new site additions, removals, or substantive service changes without exceeding the estimated annual cost of $1,024,091, and authorizing the City Manager, or his designee, to execute the Agreement.
PUBLIC WORKS; Patrick Crowley, 209-342-2274, [email protected] Consent
13. Consider authorizing staff to apply for the CalRecycle SB1383 Local Assistance Grant Programs as available; and authorizing staff to apply for any future CalRecycle SB1383 Grants. (Funding Source: CalRecycle)
Staff Recommendation:
Resolution approving applications to the California Department of Resources, Recycling and Recovery (CalRecycle) for Senate Bill (SB1383) Local Assistance Grant Programs, accepting payment, amending the annual budget, and authorizing the City Manager, or his designee, to execute all related documents.
Resolution approving applications to the California Department of Resources, Recycling and Recovery (CalRecycle) for Senate Bill (SB1383) Grant Programs, accepting payment, amending the annual budget, and authorizing the City Manager, or his designee, to execute all related documents.
PUBLIC WORKS; Vicki Rice, 209-577-5495, [email protected] Consent
14. Consider approving a Second Amendment to the Agreement with David Keith Todd Consulting Engineers, Inc., DBA Todd Groundwater for the preparation of a Groundwater Sustainability Plan and Related Technical Studies for the Modesto Subbasin, in the amount of $220,015 for the identified scope of services, for an amended total not to exceed $2,689,311 and amending the FY 2021/22 Multi-Year Program Budget in the amount of $70,000. (Funding Source: Water Fund) Staff Recommendation:
Resolution approving a Second Amendment to the Agreement with David - 8 -
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Keith Todd Consulting Engineers, Inc., DBA Todd Groundwater, for the preparation of a Groundwater Sustainability Plan and Related Technical Studies for the Modesto Subbasin in the amount of $220,015 for the identified scope of services, for an amended total not to exceed $2,689,311 and authorizing the City Manager, or his designee, to execute the Amendment. Resolution amending the Fiscal Year 2021/22 Multi-Year Program Budget in the amount of $70,000 to be transferred into the Project from Water Fund Reserves in order to fully fund the GSP Modesto Sub-Basin Project and authorizing the City Manager, or his designee to implement the provisions of this resolution.
UTILITIES; Miguel Alvarez, 209-577-5348, [email protected] Consent
15. Consider accepting the Headworks, Dryden Box and Influent Flume Improvements project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $18,637,897 to C. Overaa & Co., of Richmond, CA. (Funding Source: Wastewater Fund)
Staff Recommendation:
Resolution accepting the Headworks, Dryden Box and Influent Flume Improvements project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $18,637,897 to C. Overaa & Co., Richmond, CA.
UTILITIES; Jesse Franco, 209-571-5175, [email protected]
COUNCIL COMMENTS & REPORTS
CITY MANAGER COMMENTS & REPORTS
NEW BUSINESS
16. Consider approving the submission of a grant application for the California Violence Intervention and Prevention Grant Program to the Board of State and Community Corrections for up to $6 million in grant funds with up to $6 million in an in-kind and/or cash match for a maximum commitment of $12 million. (Funding Source:
General Fund)
Staff Recommendation:
Resolution approving the submission of a grant application for the California Violence Intervention and Prevention Grant Program to the Board of State and Community Corrections for up to $6 million in grant funds with up to $6 million in an in-kind and/or cash match for a maximum commitment of $12 million, and authorizing the City Manager, or his designee, to execute and submit all documents which may be necessary for the completion of the grant application.
POLICE DEPARTMENT; Robert Reyna, 209-572-9500, [email protected] - 9 -
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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, FEBRUARY 1, 2022, at 4:45 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
One Case (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: City of Modesto, et al. v. Covanta Stanislaus, Inc.
Stanislaus County Superior Court
Case No. CV-20-004932
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
at by
date time signature