- 1 -
2/8/2022 5:30:00 PM
MODESTO CITY COUNCIL
www.modestogov.com
MINUTES
City of Modesto
CITY COUNCIL MEETING
Held Via Teleconference
Modesto, California
Tuesday, February 08, 2022 at 5:30 PM
Roll Call - Councilmembers Escutia-Braaton, Kenoyer, Madrigal, Ricci, Wright, Zoslocki, Mayor Zwahlen
Pledge of Allegiance to the Flag
Invocation: Councilmember Wright gave the invocation in lieu of Scott Nelson, Covenant Grove Church
City Clerk’s Announcements: Public comments were received from ccmeetings and forwarded to Council.
Declaration of Conflicts of Interest: None
Reports from Closed Session: No reportable action.
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] ACTION: Khani Gustafson from NAACP accepted the proclamation and invited the public to come and enjoy celebrations this month.
- 2 -
2/8/2022 5:30:00 PM
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] ACTION: Huey Lee from Stanislaus Chinese Association accepted the proclamation.
MISCELLANEOUS
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] ACTION: (Wright/Kenoyer; 7/0) Resolution 2022-071 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.
PUBLIC COMMENT PERIOD
No public comments
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS 4-25 (Kenoyer/Zoslocki; 7/0)
CONSENT ITEMS
Consent
4. Consider approving the minutes from the February 1, 2022 Council Meeting. (Funding Source: Not Applicable)
Motion approving the minutes from the February 1, 2022 Council Meeting.
CITY CLERK; Dana Sanchez, 209-577-5396, [email protected] ACTION: (Kenoyer/Zoslocki; 7/0) Motion approving the minutes from the February 1, 2022 Council Meeting.
Consent
5. Consider approving a resolution continuing to authorize remote teleconference meetings pursuant to Assembly Bill 361. (Funding Source: Not Applicable) 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] - 3 -
2/8/2022 5:30:00 PM
ACTION: (Kenoyer/Zoslocki; 7/0) Resolution 2022-072 continuing to authorize remote teleconference meetings of the City of Modesto pursuant to Assembly Bill 361.
Consent
6. Consider approving the City Council Code of Conduct to promote a fair, ethical, and transparent government. (Funding Source: Not Applicable) 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] ACTION: (Kenoyer/Zoslocki; 7/0) Resolution 2022-073 approving the City Council Code of Conduct and Ethics to promote a fair, ethical, and transparent government.
Consent
7. Consider approving the recommended budget adjustments to Fiscal Year 2021-22 Annual Operating and Capital Improvement Program Budgets. (Funding Source:
Various Funds)
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] ACTION: (Kenoyer/Zoslocki; 7/0) Resolution 2022-074 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.
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)
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 Homekey 2.0 Program Grant and authorizing the City Manager or his designee to execute the any documents for the implementation of this Resolution. - 4 -
2/8/2022 5:30:00 PM
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]
ACTION: (Kenoyer/Zoslocki; 7/0) Resolution 2022-075 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 Homekey 2.0 Program Grant and authorizing the City Manager or his designee to execute the any documents for the implementation of this Resolution.
ACTION: (Kenoyer/Zoslocki; 7/0) Resolution 2022-076 of the Governing body of the City of Modesto authorizing joint application to and participation in the Homekey Program.
ACTION: (Kenoyer/Zoslocki; 7/0) Resolution 2022-077 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.
ACTION: (Kenoyer/Zoslocki; 7/0) Resolution 2022-078 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.
ACTION: (Kenoyer/Zoslocki; 7/0) Resolution 2022-079 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.
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 - 5 -
2/8/2022 5:30:00 PM
Meadows Subdivisions Nos. 1-6). (Funding Source: Landscape Maintenance Assessment District No. 1)
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]
ACTION: (Kenoyer/Zoslocki; 7/0) Resolution 2022-080 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).
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)
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]
ACTION: (Kenoyer/Zoslocki; 7/0) Resolution 2022-081 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).
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:
Shackelford Landscape and Lighting District)
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]
ACTION: (Kenoyer/Zoslocki; 7/0) Resolution 2022-082 directing staff to prepare and file the Fiscal Year 2022-2023 Engineer’s Annual Report for the Shackelford Landscape and Lighting District.
Consent
12. Consider accepting an informational report for the December 2021 Accounts Payable Payment Register and Void report. (Funding Source: Not Applicable) Motion accepting an informational report for the December 2021 Accounts Payable Payment Register and Void report.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
- 6 -
2/8/2022 5:30:00 PM
[email protected]
ACTION: (Kenoyer/Zoslocki; 7/0) Motion accepting an informational report for the December 2021 Accounts Payable Payment Register and Void report.
Consent
13. Consider accepting the Monthly Investment Report for November 2021. (Funding Source: Various Funds)
Motion accepting the Monthly Investment Report for November 2021.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
ACTION: (Kenoyer/Zoslocki; 7/0) Motion accepting the Monthly Investment Report for November 2021.
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)
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] ACTION: (Kenoyer/Zoslocki; 7/0) Resolution 2022-083 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.
ACTION: (Kenoyer/Zoslocki; 7/0) Resolution 2022-084 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 - 7 -
2/8/2022 5:30:00 PM
order.
ACTION: (Kenoyer/Zoslocki; 7/0) Resolution 2022-085 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.
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)
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] ACTION: (Kenoyer/Zoslocki; 7/0) Resolution 2022-086 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.
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)
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] ACTION: (Kenoyer/Zoslocki; 7/0) Resolution 2022-087 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 ClosedCircuit 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. - 8 -
2/8/2022 5:30:00 PM
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)
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 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] ACTION: (Kenoyer/Zoslocki; 7/0) Resolution 2022-088 approving an Agreement to provide Fire Administrative Services between the City of Modesto and the City of Turlock for a fouryear, four and one-half month term, with one two-year extension option, and authorizing the City Manager, or his designee, to execute the Agreement.
ACTION: (Kenoyer/Zoslocki; 7/0) Resolution 2022-089 amending the Position Allocation for Fiscal Year 2021-2022 as adopted in the operating budget.
ACTION: (Kenoyer/Zoslocki; 7/0) Resolution 2022-090 amending the Fiscal Year 2021-22 Operating Budget by $126,555 in revenues and $107,805 in expenses and authorizing the City Manager, or his designee, to implement the provisions the resolution.
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)
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]
ACTION: (Kenoyer/Zoslocki; 7/0) Resolution 2022-091 approving a cell tower lease amendment at Beyer Park with T-Mobile West, LLC, a Delaware limited liability company (TMobile), extending the maximum term of the Agreement through December 31, 2043 and authorizing the City Manager, or his designee to execute the Agreement. - 9 -
2/8/2022 5:30:00 PM
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) 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]
ACTION: (Kenoyer/Zoslocki; 7/0) Resolution 2022-092 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.
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)
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]
ACTION: (Kenoyer/Zoslocki; 7/0) Resolution 2022-093 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.
Consent
21. Consider approving the plans and specifications for the Modesto Modular Building 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 - 10 -
2/8/2022 5:30:00 PM
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)
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]
ACTION: (Kenoyer/Zoslocki; 7/0) Resolution 2022-094 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.
ACTION: (Kenoyer/Zoslocki; 7/0) Resolution 2022-095 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.
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)
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]
- 11 -
2/8/2022 5:30:00 PM
ACTION: (Kenoyer/Zoslocki; 7/0) Resolution 2022-096 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.
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) Resolution accepting an update on the Parks, Recreation and Neighborhood Department accounts at the Stanislaus Community Foundation and approving the recommendations for account adjustments; and authorizing the Director of Finance, or her designee, to make the account adjustments.
PRN; Laurie A. Smith, 209-577-5437, [email protected] ACTION: (Kenoyer/Zoslocki; 7/0) Resolution 2022-097 accepting an update on the Parks, Recreation and Neighborhood Department accounts at the Stanislaus Community Foundation and approving the recommendations for account adjustments; and authorizing the Director of Finance, or her designee, to make the account adjustments.
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) 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] ACTION: (Kenoyer/Zoslocki; 7/0) Resolution 2022-098 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.
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)
Resolution approving the sole source purchase Agreement with Xylem Water - 12 -
2/8/2022 5:30:00 PM
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] ACTION: (Kenoyer/Zoslocki; 7/0) Resolution 2022-099 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.
COUNCIL COMMENTS & REPORTS
Councilmember Kenoyer thanked everyone for their kindness and providing meals to help her and her family.
Councilmember Wright thanked City Staff and the City Manager for their work on beautifying Briggsmore Ave.
Councilmember Ricci spoke regarding further needs regarding homelessness. He is pleased with progress like CHAT and Park Rangers, and success with programs like Downtown Streets Team and Kansas House, but more needs to be done, such as the Safe Parking and more safe spaces for the homeless.
Councilmember Madrigal also spoke regarding homelessness and the need for Safe Parking and safe spaces for the homeless, and asked for an update regarding the progress.
He also asked for an update regarding surveillance cameras at illegal dumping hotspots.
He also spoke regarding the loss of his aunt and her service he attended today.
Mayor Zwahlen spoke regarding the service honoring fallen firefighter Max Fortuna. She also spoke regarding a recent car crash involving several youths, and also the loss of a CHAT Officer Randy Lindberg.
CITY MANAGER COMMENTS & REPORTS
None
HEARINGS
Published in the Modesto Bee on January 12, 2022
26. Hearing to consider approving an amendment to the Urban Area General Plan to - 13 -
2/8/2022 5:30:00 PM
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 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)
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] ACTION: (Madrigal/Wright; 7/0) Resolution 2022-100 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.
ACTION: (Kenoyer/Escutia-Braaton; 7/0) Resolution 2022-101 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.
ACTION: (Wright/Madrigal; 7/0) Resolution 2022-102 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. - 14 -
2/8/2022 5:30:00 PM
ACTION: (Wright/Madrigal; 7/0) Resolution 2022-103 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 Burbank-Paradise Fire Protection Districts.
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)
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] ACTION: (Wright/Madrigal; 7/0) 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.
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)
Motion directing staff to accept and process an application for annexation, specific plan and environmental review for Tivoli North.
CED; Brad Wall, 209-577-5273, [email protected]
ACTION: (Wright/Escutia-Braaton; 7/0) Motion directing staff to accept and process an application for annexation, specific plan and environmental review for Tivoli North.
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)
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 - 15 -
2/8/2022 5:30:00 PM
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] ACTION: (Ricci/Madrigal; 7/0) Resolution 2022-104 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.
ACTION: (Ricci/Madrigal; 7/0) Resolution 2022-105 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.
MATTERS TOO LATE FOR THE AGENDA
None
ADJOURNMENT
This meeting adjourned at 7:08 P.M.
- 16 -
2/8/2022 5:30:00 PM
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 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
Attest:____________________________
Dana Sanchez, Interim City Clerk