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Agenda, first session

Modesto City Council
February 8, 2022

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Agenda, first session
Meeting
February 8, 2022
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Modesto City Council
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Text extracted from the city's file for reading and search. Open the original on agenda2.modestogov.com. That file is the official record.

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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 08, 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: Scott Nelson, Covenant Grove Church
City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session

ACKNOWLEDGEMENTS AND PRESENTATIONS

1. Presentation of Proclamation declaring February 2022 as Black History Month (Funding Source: Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected]

2. Presentation of Proclamation recognizing February 1, 2022 as Lunar New Year (Funding Source: Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected]

MISCELLANEOUS
Legislation, Appointments, Other

3. Consider approving the appointment of Maria Apodaca and reappointments of Bart Barringer and David Boring to the Downtown Improvement District Board of Directors for a four-year term to expire January 1, 2026. (Funding Source: Not Applicable) Staff Recommendation:
 Resolution approving the appointment of Maria Apodaca and reappointments of Bart Barringer and David Boring to the Downtown Improvement District Board of Directors for a four-year term to expire January 1, 2026.

CITY CLERK; Dana Sanchez, 209-577-5396, [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, - 4 -
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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 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

4. Consider approving the minutes from the February 1, 2022 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
 Motion approving the minutes from the February 1, 2022 Council Meeting.

CITY CLERK; Dana Sanchez, 209-577-5396, [email protected] - 5 -
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Consent

5. Consider approving a resolution continuing to authorize remote teleconference meetings pursuant to Assembly Bill 361. (Funding Source: Not Applicable) Staff Recommendation:
 Resolution continuing to authorize remote teleconference meetings of the City of Modesto pursuant to Assembly Bill 361.

CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected] Consent

6. Consider approving the City Council Code of Conduct to promote a fair, ethical, and transparent government. (Funding Source: Not Applicable) Staff Recommendation:
 Resolution approving the City Council Code of Conduct and Ethics to promote a fair, ethical, and transparent government.

CITY MANAGER; Edgar Garcia, 209-571-5101, [email protected] Consent

7. Consider approving the recommended budget adjustments to Fiscal Year 2021-22 Annual Operating and Capital Improvement Program Budgets. (Funding Source:

Various Funds)
Staff Recommendation:
 Resolution amending Year 2021-22 Annual Operating and Capital Improvement Project Fund Budgets and authorizing the City Manager, to make the necessary steps to implement the provisions of this resolution.

BUDGET; Steve Christensen, 209-577-5390, [email protected] Consent

8. Consider approving the City of Modesto’s Homekey 2.0 Project Application for the project located at 112 James Street, authorizing the City Manager, or his designee, to submit the application, applicable documentation, and provide technical alterations, as required by HCD as well as negotiate and execute any related program Agreements or documents required for the implementation and acceptance of Homekey 2.0 Program Grant., as required by HCD, approving a loan to the Stanislaus Equity Partners in an amount up to $200,000 in Community Development Block Grant Funds to assist with the acquisition, $50,000 for staff activity, and amending the fiscal year 2021-2022 multi-year fund budget to establish a project for the Homekey 2.0 program as well as to transfer $250,000 from fund fund (1130) – Grants – CDBG Program to Homekey 2.0 project . (Funding Source: Homekey 2.0 Funds and Community Development Block Grant Funds)
Staff Recommendation:
 Resolution approving the City of Modesto’s Homekey 2.0 Project Application for 112 James Street, authorizing the City Manager, or his designee, to submit the application, applicable documentation, and provide technical alterations, as required by HCD as well as negotiate and execute any related program Agreements or documents required for the implementation and acceptance of - 6 -
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Homekey 2.0 Program Grant and authorizing the City Manager or his designee to execute the any documents for the implementation of this Resolution.  Resolution of the Governing body of the City of Modesto authorizing joint to and participation in the Homekey Program.
 Resolution approving a loan to the Stanislaus Equity Partners in an amount up to $200,000 in Community Development Block Grant Funds to assist with the acquisition of 112 James Street and $50,000 for staff activity delivery costs, and authorizing the City Manager or his designee to execute the Agreements.  Resolution amending the fiscal year 2021-2022 multi-year fund budget to establish a project for the Homekey 2.0 program to be funded with Community Develoment Block Grant (CDBG) grant and authorizing the City Manager or his designee, to take the necessary steps to implement the provisions of this resolution.
 Resolution amending the fiscal year 2021-2022 multi-year fund budget to transfer $250,000 from fund (1130) – Grants – CDBG Program to the Homekey

2.0 project and authorizing the City Manager or his designee, to take the necessary steps to implement the provisions of this resolution.

CED; Jessica Hill, 209-577-5321, [email protected]
Consent

9. Consider directing staff to prepare and file the Fiscal Year 2022-2023 Engineer’s Annual Report for Landscape Maintenance Assessment District No. 1 (Dry Creek Meadows Subdivisions Nos. 1-6). (Funding Source: Landscape Maintenance Assessment District No. 1)
Staff Recommendation:
 Resolution directing staff to prepare and file the Fiscal Year 2022-2023 Engineer’s Annual Report for City of Modesto Landscape Maintenance Assessment District No. 1 (Dry Creek Meadows Subdivisions Nos. 1-6).

CED; Jessica Hill, 209-577-5321, [email protected]
Consent

10. Consider directing staff to prepare and file the Fiscal Year 2022-2023 Engineer’s Annual Report for Landscape Maintenance Assessment District No. 2 (Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision and Yosemite Meadows Subdivisions Units 1 and 2). (Funding Source: Landscape Maintenance Assessment District No. 2)
Staff Recommendation:
 Resolution directing staff to prepare and file the Fiscal Year 2022-2023 Engineer’s Annual Report for Landscape Maintenance Assessment District No. 2 (Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision and Yosemite Meadows Subdivisions Units 1 and 2).

CED; Jessica Hill, 209-577-5321, [email protected]
Consent

11. Consider directing staff to prepare and file the Fiscal Year 2022-2023 Engineer’s Annual Report for the Shackelford Landscape and Lighting District. (Funding Source:
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Shackelford Landscape and Lighting District)
Staff Recommendation:
 Resolution directing staff to prepare and file the Fiscal Year 2022-2023 Engineer’s Annual Report for the Shackelford Landscape and Lighting District.

CED; Jessica Hill, 209-577-5321, [email protected]
Consent

12. Consider accepting an informational report for the December 2021 Accounts Payable Payment Register and Void report. (Funding Source: Not Applicable) Staff Recommendation:
 Motion accepting an informational report for the December 2021 Accounts Payable Payment Register and Void report.

FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
Consent

13. Consider accepting the Monthly Investment Report for November 2021. (Funding Source: Various Funds)
Staff Recommendation:
 Motion accepting the Monthly Investment Report for November 2021.

FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
Consent

14. Consider approving the award of bid for a Low-Profile Dump Truck to Towne Ford Sales, Redwood City, CA for a total amount not to exceed $99,797; approving the award of bid for two One-Ton Extended Cab Trucks to Napa Ford, Napa, CA for a total amount not to exceed $110,114; and approving the competitive bidding process from Sourcewell (formerly National Joint Powers Alliance) with Pape Machinery, French Camp, CA for a John Deere Wheel Loader for a total amount not to exceed $288,135. (Funding Source: Fleet Replacement Fund)
Staff Recommendation:
 Resolution approving the award of bid for a Low-Profile Dump Truck to Towne Ford Sales, Redwood City, CA for a total amount not to exceed $99,797; and authorizing the Purchasing Manager, or her designee, to issue the purchase order.
 Resolution approving the award of bid for two One-Ton Extended Cab Trucks to Napa Ford, Napa, CA for a total amount not to exceed $110,114; 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 Pape Machinery, French Camp, CA for a John Deere Wheel Loader for a total amount not to exceed $288,135; and authorizing the Purchasing Manager, or her designee, to issue the purchase order.

FINANCE DEPARTMENT; Cynthia Kline, 209-577-5412, [email protected] - 8 -
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Consent

15. Consider approving the competitive bidding process from Merced County, Fast Open Contracts Utilization Services (FOCUS), Merced, CA for Cisco Annual Licensing and Support Maintenance with Telcion Communications Group, Turlock, CA for a threeyear Agreement for a total amount not to exceed $554,814. (Funding Source:

Information Technology Fund)
Staff Recommendation:
 Resolution approving the competitive bidding process from Merced County, Fast Open Contracts Utilization Services (FOCUS), Merced, CA for Cisco Annual Licensing and Support Maintenance with Telcion Communications Group, Turlock, CA for a three-year Agreement for a total amount not to exceed $554,814; and authorizing the Purchasing Manager, or her designee, to issue a purchase order.

FINANCE DEPARTMENT; Cynthia Kline, 209-577-5412, [email protected] Consent

16. Consider approving the competitive bidding process from Sourcewell (formerly National Joint Powers Alliance) with Rapid View IBAK North America under authorized dealer Jack Doheny Company, Northville, MI, for a Closed-Circuit Television (CCTV) van for a total amount not to exceed $264,154. (Funding Source:

Wastewater Fund)
Staff Recommendation:
 Resolution approving the competitive bidding process from Sourcewell (formerly National Joint Powers Alliance) with Rapid View IBAK North America under authorized dealer Jack Doheny Company, Northville, MI, for a Closed-Circuit Television (CCTV) van for a total amount not to exceed $264,154; and authorizing the Purchasing Manager, or her designee, to issue the purchase order.

FINANCE DEPARTMENT; Cynthia Kline, 209-577-5412, [email protected] Consent

17. Consider approving an Agreement to provide Fire Administrative Services between the City of Modesto and the City of Turlock for a four-year, four and one-half 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 $126,555 in revenues and $107,805 in expenses. (Funding Source: General Fund)
Staff Recommendation:
 Resolution approving an Agreement to provide Fire Administrative Services between the City of Modesto and the City of Turlock for a four-year, four and one-half month term, with one two-year extension option, and authorizing the City Manager, or his designee, to execute the Agreement.  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 $126,555 in - 9 -
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revenues and $107,805 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

18. Consider approving a cell tower lease amendment at Beyer Park with T-Mobile West, LLC, a Delaware limited liability company (T-Mobile), extending the maximum term of the Agreement through December 31, 2043. (Funding Source: Cell Tower Facility Rental Revenue)
Staff Recommendation:
 Resolution approving a cell tower lease amendment at Beyer Park with TMobile West, LLC, a Delaware limited liability company (T-Mobile), extending the maximum term of the Agreement through December 31, 2043 and authorizing the City Manager, or his designee to execute the Agreement.

PRN; Nathan Houx, 209-571-5526, [email protected]
Consent

19. Consider approving a cell tower lease amendment at Davis Park with MetroPCS California, LLC, a Delaware Limited Liability Company (MetroPCS), extending the maximum term of the Agreement through November 30, 2044 and authorizing the replacement of existing ball field lighting infrastructure at the expense of the vendor as necessary. (Funding Source: Cell Tower Facility Rental Revenue) Staff Recommendation:
 Resolution approving a cell tower lease amendment at Davis Park with MetroPCS California, LLC, a Delaware Limited Liability Company (MetroPCS), extending the maximum term of the Agreement through November 30, 2044 and authorizing the replacement of existing ball field lighting infrastructure at the expense of the vendor as necessary; and authorizing the City Manager, or his designee to execute the Agreement.

PRN; Nathan Houx, 209-571-5526, [email protected]
Consent

20. Consider approving a first amendment to cell tower lease at Creekside Golf Course with MetroPCS California, LLC, a Delaware limited liability company (MetroPCS), extending the maximum term of the Agreement through October 31, 2044. (Funding Source: Cell Tower Facility Rental Revenue)
Staff Recommendation:
 Resolution approving a first amendment to the cell tower lease at Creekside Golf Course with MetroPCS California, LLC, a Delaware limited liability company (MetroPCS), extending the maximum term of the Agreement through October 31, 2044, and authorizing the City Manager, or his designee to execute the Agreement.

PRN; Nathan Houx, 209-571-5526, [email protected]
Consent

21. Consider approving the plans and specifications for the Modesto Modular Building - 10 -
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Relocation Project, accepting the bid and awarding a contract to Harris Builders, Inc. of Hilmar, CA to move the Boys and Girls Club modular building from Dr. Martin Luther King, Jr. Park to the undeveloped park property adjacent to Dryden Golf Course in the amount of $458,896 and authorizing the Director of Utilities to approve change orders up to the cumulative amount of $55,068 (12% of the original contract price) if needed for a total amount not to exceed $513,964; and amending the Fiscal Year 21/22 Capital Improvement Program Budget. (Funding Source: Community Development Block Grant Funds)
Staff Recommendation:
 Resolution approving the plans and specifications for the Modesto Modular Relocation Project, accepting the bid and awarding a contract to Harris Builders, Inc. of Hilmar, CA in the amount of $458,896 and authorizing the Director of Utilities to approve change orders up to the cumulative amount of $55,068 (12% of the original contract price) if needed for a total amount not to exceed $513,964 and authorizing the City Manager, or his designee to execute the Agreement.
 Resolution amending the Fiscal Year 2021/22 Capital Improvement Program (CIP) budget, Project 101296 in the amount of $624,464 to recognize Community Development Block Grant (CDBG) funding and fund the PFI First Tee Activity 1373 project construction; and authorizing the City Manager, or his designee, to implement the provisions of this resolution.

PRN; Nathan Houx, 209-571-5526, [email protected]
Consent

22. Consider approving an Agreement with Berry, Dunn, McNeil, and Parker, LLC for professional services to prepare a Fund Development Strategy and Implementation Plan for the Parks, Recreation and Neighborhoods Department in the amount of $49,999, plus a $4,999 contingency if needed, for an Agreement total not to exceed $54,998. (Funding Source: General Fund – Parks, Recreation and Neighborhoods Administration)
Staff Recommendation:
 Resolution approving an Agreement with Berry, Dunn, McNeil, and Parker, LLC for professional services to prepare a Fund Development Strategy and Implementation Plan for the Parks, Recreation and Neighborhoods Department in the amount of $49,999, plus a $4,999 contingency if needed, for an Agreement total not to exceed $54,998, and authorizing the City Manager, or his designee, to execute the Agreement.

PRN; Laurie Smith, 209-577-5347, [email protected]
Consent

23. Consider accepting an update on the Parks, Recreation and Neighborhood Department accounts at the Stanislaus Community Foundation and approve the recommendations for account adjustments. (Funding Source: Stanislaus Community Foundation) Staff Recommendation:
 Resolution accepting an update on the Parks, Recreation and Neighborhood Department accounts at the Stanislaus Community Foundation and approving - 11 -
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the recommendations for account adjustments; and authorizing the Director of Finance, or her designee, to make the account adjustments.

PRN; Laurie Smith, 209-577-5437, [email protected]
Consent

24. Consider approving the City of Modesto Solid Waste Division to apply for a Notice of Intent to Comply with regulations set in Senate Bill 1383, which allows the California Department of Resources Recycling and Recovery to delay administrative civil penalties for non-compliance. (Funding Source: Not Applicable) Staff Recommendation:
 Resolution approving the City of Modesto Solid Waste Division to apply for a Notice of Intent to Comply with regulations set in Senate Bill 1383 which allows for the California Department of Resources Recycling and Recovery (CalRecycle) to delay administrative civil penalties for non-compliance.

PUBLIC WORKS; Myriah Hill, 209-577-5458, [email protected] Consent

25. Consider approving the Sole Source Purchase Agreement with Xylem Water Solutions, Charlotte, NC, for the procurement of Ultraviolet (UV) lamps and parts for an estimated annual amount of $50,000 and a total amount not to exceed $250,000 over five years, and authorizing the Purchasing Manager, or her designee, the ability to add parts based on the department’s needs, ensuring the total amount does not exceed the authorized total. (Funding Source: Wastewater Fund)
Staff Recommendation:
 Resolution approving the sole source purchase Agreement with Xylem Water Solutions, Charlotte, NC, for the procurement of Ultraviolet (UV) lamps and parts for an estimated annual amount of $50,000 and a total amount not to exceed $250,000 over five years, and authorizing the Purchasing Manager, or her designee, the ability to add parts based on the department’s needs, ensuring the total amount does not exceed the authorized total, and authorizing the Director of Finance, or her designee, to execute the Agreement.

UTILITIES; Monte Hamilton, 209-342-4505, [email protected]

COUNCIL COMMENTS & REPORTS

CITY MANAGER COMMENTS & REPORTS

HEARINGS
Published in the Modesto Bee on January 12, 2022

26. Hearing to consider approving an amendment to the Urban Area General Plan to change the designation of approximately 23 acres of land in the Fairview Village Specific Plan area from C, Commercial, to VR, Village Residential; approving an amendment to the Fairview Village Specific Plan to make the Specific Plan consistent - 12 -
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with the General Plan, change the land use and circulation plans, and make other revisions; approving the filing of an application with the Stanislaus Local Agency Formation Commission to annex approximately 177.75 acres located east of Carpenter Road and north of Whitmore Avenue to the City of Modesto; and adopting a resolution finding that the project is within the scope of the General Plan Master Environmental Impact Report. (Funding Source: General Fund)
Staff Recommendation:
 Resolution approving an amendment to the Modesto Urban Area General Plan to change the designation of approximately 23 acres of land in the in the Fairview Village Specific Plan area from C, Commercial, to VR, Village Residential.
 Resolution approving Amendment No. 4 to the Fairview Village Specific Plan to make the Specific Plan consistent with policies in the Urban Area General Plan, change the land use and circulation plans, and make other revisions.  Resolution approving the filing of an application with the Stanislaus Local Agency Formation Commission for the reorganization of approximately 177.75 acres located east of Carpenter Road and north of Whitmore Avenue for annexation to the City of Modesto and Modesto Sewer District No. 1 and simultaneous detachment from the Westport and Burbank-Paradise Fire Protection Districts.
 Resolution finding that the following subsequent project is within the scope of the project covered by the Modesto Urban Area General Plan Master Environmental Impact Report (SCH No. 2014042081): General Plan Amendment from Commercial to Village Residential in the Fairview Village Specific Plan, Specific Plan Amendment No. 4, annexation of 177.75 acres to the City of Modesto and simultaneous detachment from Westport and BurbankParadise Fire Protection Districts.

CED; Cindy van Empel, 209-577-5267, [email protected]

NEW BUSINESS

27. Consider accepting Mayor Sue Zwahlen’s Budget Priority Message as per Charter Section 1302.1 for the upcoming Fiscal Year 2022-23 budget year. (Funding Source:

Not Applicable)
Staff Recommendation:
 Motion to accept Mayor Sue Zwahlen’s Budget Priority Message as per Charter Section 1302.1 for the upcoming Fiscal Year 2022-23 budget year.

BUDGET; Steve Christensen, 209-577-5390, [email protected]

28. Consider providing direction to staff regarding the processing of an application for annexation, specific plan and environmental review for the future development area referred to as Tivoli North, which is bounded by Claribel Road to the north, Roselle Avenue to the east, Claratina Avenue to the south, and Oakdale Road to the west. (Funding Source: Application Filing Fees)
Staff Recommendation:
 Motion directing staff to accept and process an application for annexation, - 13 -
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specific plan and environmental review for Tivoli North.

CED; Brad Wall, 209-577-5273, [email protected]

29. Consider approving revised allocations in the spending plan for the City’s Pandemic Recovery Strategy, Modesto Forward, for the use of American Rescue Plan funds and authorizing the City Manager, or his designee, to carry out the necessary steps to implement the programs and funding allocations; and authorizing the City Manager to negotiate and execute Agreements with the Children’s Museum, Awesome Spot Playground (Valley Mountain Regional Center), and Graffiti Museum for $500,000 each, Convention and Visitor’s Bureau for $250,000, Modesto Neighborhoods Inc. for $120,000, Stanislaus Equity Partners and Opportunity Stanislaus for $100,000 each, Stanislaus Community Foundation for $90,000, and Modesto Art Museum, Opera Theater, Prospect Theater, and State Theater for $50,000 each. (Funding Source:

American Rescue Plan Funding)
Staff Recommendation:
 Resolution approving revised allocations in the spending plan for the City’s Pandemic Recovery Strategy, Modesto Forward, for the use of American Rescue Plan funds and authorizing the City Manager, or his designee, to carry out the necessary steps to implement the programs and funding allocations.  Resolution authorizing the City Manager to negotiate and execute Agreements with the Children’s Museum, Awesome Spot Playground (Valley Mountain Regional Center), and Graffiti Museum for $500,000 each, Convention and Visitor’s Bureau for $250,000, Modesto Neighborhoods Inc. for $120,000, Stanislaus Equity Partners and Opportunity Stanislaus for $100,000 each, Stanislaus Community Foundation for $90,000, and Modesto Art Museum, Opera Theater, Prospect Theater, and State Theater for $50,000 each.

CITY MANAGER; Edgar Garcia, 209-571-5101, [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
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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 8, 2022, at 3:30 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

PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Pursuant to Section 54957 of the Government Code)
Title: City Manager
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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