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MODESTO CITY COUNCIL
www.modestogov.com
AGENDA
City of Modesto
CITY COUNCIL MEETING
Chambers, Basement Level
Tenth Street Place, 1010 10th Street
Modesto, California
Tuesday, March 01, 2022 at 5:30 PM
*Roll Call - Councilmembers Escutia-Braaton, Kenoyer, Madrigal, Ricci, Wright, Zoslocki, Mayor Zwahlen
* Some Councilmembers may be participating in the meeting remotely via teleconferencing or other electronic means consistent with the AB 361.
THIS MEETING WILL BE PHYSICALLY OPEN TO THE PUBLIC AND BY ZOOM
VIDEO CONFERENCING AND TELEPHONE
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. If you choose to attend the Council meeting in person, you will be required to wear a face covering and maintain appropriate social distancing. Please note, seating will be limited.
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:
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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.
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. - 3 -
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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. 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
Moment of Reflection
Invocation: Cindy Fraze, The Church of Jesus Christ of Latter Day Saints City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Presentation of Proclamation proclaiming March 2022 as Developmental Disabilities Awareness Month (Funding Source: Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected]
2. Presentation of Proclamation proclaiming March 2022 as Women's History Month (Funding Source: Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected]
3. Presentation of Proclamation in honor of Golden Valley Health Center's 50th Anniversary (Funding Source: Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected]
PUBLIC COMMENT PERIOD
Please refer to special public comment instructions above - 4 -
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Three minute time limit per speaker
Only interested persons in the audience may present these matters. Under State law, Councilmembers may respond to matters being presented under this item only as follows:
a. Briefly respond to statements made or questions raised. b. Ask a question for clarification.
c. Provide a reference to staff or other resources for factual information. d. Request staff to report back at a subsequent meeting. e. Finally, a Councilmember or the Council itself may take action to direct staff to place a matter of business on a future agenda.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
Information concerning the consent items listed below has been forwarded to each Councilmember prior to this meeting for study. Unless some member of the audience or Councilmember has a question concerning an item and asks that it be withdrawn from the consent list, the Council approves the items at one time. The action taken by the Council in approving consent items is set forth in the explanation of this individual item.
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 8, 2022 Council Meeting. (Funding Source: Not Applicable)
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Staff Recommendation:
Motion approving the minutes from the February 8, 2022 Council Meeting.
CITY CLERK; Dana Sanchez, 209-577-5396, [email protected] Consent
5. Consider approving a Will Serve Letter and Outside Service Agreement for sewer service for the property located at 792 Codoni Avenue (APN: 009-019-047). (Funding Source: Sewer Fund, General Fund)
Staff Recommendation:
Resolution approving a Will Serve Letter and Outside Service Agreement between the City of Modesto and Modesto Irrigation District, a California irrigation district, to connect to the City of Modesto’s existing sewer system for the property located at 792 Codoni Avenue in Modesto (APN: 009-019-047), and authorizing the City Manager, or his designee, to sign the Will-Serve Letter and execute the Outside Service Agreement.
CED; Nathan Bray, 209-571-5542, [email protected]
Consent
6. Consider approving an Agreement for an analysis of emergency dispatch service options with Mission Critical Partners, for an amount of $156,741, with an 8% contingency of $12,539, for a total not to exceed $169,280. (Funding Source: General Fund)
Staff Recommendation:
Resolution approving an Agreement for an analysis of emergency dispatch service options with Mission Critical Partners, for an amount of $156,741, with an 8% contingency of $12,539, for a total not to exceed $169,280 and authorizing the City Manager, or his designee to execute the Agreement.
CITY MANAGER; Scotty Douglass, 209-577-9149, [email protected] Consent
7. Consider accepting an informational report for the January 2022 Accounts Payable Payment Register and Void report. (Funding Source: Not Applicable) Staff Recommendation:
Motion accepting an informational report for the January 2022 Accounts Payable Payment Register and Void report.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
Consent
8. Consider accepting the Monthly Investment Report for December 2021. (Funding Source: Various Funds)
Staff Recommendation:
Motion accepting the Monthly Investment Report for December 2021.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
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Consent
9. Consider approving requirements for annual training of certain City of Modesto employees and officials regarding municipal disclosure responsibilities. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution approving requirements for annual training of certain City of Modesto employees and officials regarding municipal disclosure responsibilities.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
Consent
10. Consider approving an increase of purchase with Allsteel Inc., Muscatine, IA, for the procurement of modular systems furniture for the Sutter Plant Offices by $34,691 from $45,157, plus $3,469 in contingency (if needed) for a revised total amount not to exceed $83,317. (Funding Source: Wastewater Fund)
Staff Recommendation:
Resolution approving an increase of purchase with Allsteel Inc., Muscatine, IA, for the procurement of modular systems furniture for the Sutter Plant Offices by $34,691 from $45,157, plus $3,469 in contingency (if needed) for a revised total amount not to exceed $83,317, and authorizing the Purchasing Manager, or her designee to execute the Purchase Order.
UTILITIES; William Wong, 209-571-5801, [email protected]
COUNCIL COMMENTS & REPORTS
CITY MANAGER COMMENTS & REPORTS
HEARINGS
Published in the Modesto Bee on February 15th & 22nd, 2022
11. Presentation of Recommended Council District Map from the Citizens’ Districting Commission and Public Hearing to receive public input. (Funding Source: Not Applicable)
Staff Recommendation:
Hold a public hearing on the Recommended Council District Map submitted by the Citizens’ Districting Commission prior to considering adoption of Final Council District Map at the March 8, 2022 City Council meeting.
CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected] Published in the Modesto Bee on February 18, 2022
12. Public hearing to consider expanding the role of the Cannabis Permit Review Committee and renaming it to be known as the “Cannabis Program and Permit Review Committee,” an Ordinance amending Section 10-3.704, “Application and Permit - 7 -
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Procedures,” of the Modesto Municipal Code, an Ordinance amending Section 2-1.18, “Standing Committees,” of the Modesto Municipal Code to include the “Cannabis Program and Permit Review Committee” as a Standing Committee of the City, and associated Resolution making these changes and rescinding Resolution No. 2021-132. (Funding Source: Not Applicable)
Staff Recommendation:
Motion introducing and waiving the first reading of an Ordinance amending Section 10-3.704, “Application and Permit Procedures,” of Article 7 of Chapter 3 of Title 10, “Commercial Cannabis Uses,” of the Modesto Municipal Code to Rename the “Cannabis Permit Committee,” to be known as the “Cannabis Program and Permit Review Committee,” in order to capture the Standing Committee’s new expanded role.
Motion introducing and waiving the first reading of an Ordinance amending Section 2-1.18, “Standing Committees,” of the Modesto Municipal Code to include the “Cannabis Program and Permit Review Committee” as a Standing Committee of the City.
Resolution approving expanding the role of the Cannabis Permit Review Committee and renaming it to be known as the “Cannabis Program and Permit Review Committee” and rescinding Resolution No. 2021-132.
CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected]
NEW BUSINESS
13. Consider an Ordinance adding Article 7, “Local Hiring Preferences in Public Works Contracts,” and Article 8, “Utilizing Skilled and Trained Workforce in Public Works Contracts,” to Title 8, Chapter 3 of the Modesto Municipal Code. (Funding Source:
Not Applicable)
Staff Recommendation:
Motion introducing and waiving the first reading of an Ordinance adding Article 7, “Local Hiring Preference in Public Works Contracts,” and Article 8, “Utilizing skilled and Trained Workforce in Public Works Contracts,” to Title 8, Chapter 3 of the Modesto Municipal Code.
CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected]
14. Consider amending the City Manager Employment Agreement with Joseph P. (“Joe”) Lopez adjusting the compensation as a result of the delivery of a very positive performance evaluation rating of “highly competent.” (Funding Source: General Fund) Staff Recommendation:
Resolution approving a first amendment to the employment Agreement with Joe Lopez, City Manager, dated July 10, 2018 to increase base salary to $256,221.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected]
MATTERS TOO LATE FOR THE AGENDA
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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
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
at by
date time signature