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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 08, 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.
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 - 2 -
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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.
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.
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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
Invocation: Rev. Edward Eissabake, St. John’s Assyrian Evangelical Presbyterian Church City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Resolution of the City Council of the City of Modesto condemning the unprovoked assault on Ukraine's sovereign nation borders, independence and territorial integrity, and opposing the unnecessary violence this conflict has cause. (Funding Source: Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected]
2. Presentation of Proclamation proclaiming March 8, 2022 International Women's Day (Funding Source: Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected]
3. Presentation of Proclamation proclaiming March 22, 2022 as "World Water Day" (Funding Source: Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [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:
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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 March 1, 2022 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving the minutes from the March 1, 2022 Council Meeting.
CITY CLERK; Dana Sanchez, 209-577-5396, [email protected] - 5 -
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Consent
5. Consider final adoption of Ordinance 3742-C.S. 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. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving final adoption of Ordinance 3742-C.S. 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.
CITY CLERK; Dana Sanchez, 209-577-5396, [email protected] Consent
6. Consider final adoption of Ordinance 3743-C.S. 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. (Funding Source:
Not Applicable)
Staff Recommendation:
Motion approving final adoption of Ordinance 3743-C.S. 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.
CITY CLERK; Dana Sanchez, 209-577-5396, [email protected] Consent
7. Consider final adoption of Ordinance 3744-C.S. 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. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving final adoption of Oridinance 3744-C.S. 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 CLERK; Dana Sanchez, 209-577-5396, [email protected] Consent
8. 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.
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CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected] Consent
9. 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
10. Consider approving a CARES Act Emergency Solutions Grant to Stanislaus County Affordable Housing Corporation for the renovation of the shelter located at 512 Vine Street, Modesto, CA 95351 in an amount not to exceed $186,000 and $20,000 in Activity Delivery to prevent, mitigate, and respond to the spread of COVID-19. (Funding Source: Emergency Solutions Grant CV2)
Staff Recommendation:
Resolution approving an Emergency Solutions Grant CARES Act (ESG-CV2) to Stanislaus County Affordable Housing Corporation for the renovation of the shelter located at 512 Vine Street, Modesto, CA 95351 in an amount not to exceed $186,000 and $20,000 in Activity Delivery to prevent, mitigate, and respond to the spread of COVID-19, and authorizing the City Manager or his designee to execute any documents and/or Agreements.
CED; Jessica Hill, 209-577-5321, [email protected]
Consent
11. Consider approving the “upstreaming“ of the remaining ERAP1 funds to the US Treasury to be reallocated to the State of California with a designation for Modesto residents in an additional amount of $342,290.29 for a total amount of $2,670,235.34 (Funding Source: US Treasury ERAP1 Funds)
Staff Recommendation:
Resolution approving the “upstreaming“ of the remaining ERAP1 funds back to the US Treasury to be reallocated to the State of California with a designation for Modesto residents in the amount of $2,670,235.34 and authorizing the City Manager or his designee, to execute any documents related to the purpose of this resolution.
Resolution amending the Fiscal Year 2021-2022 multi-year fund budget, reducing the allocation of Consolidated Appropriations Act of 2021 funds from the U.S. Department of Treasury with appropriate revenue and expenditure allocations and authorizing the City Manager, or his designee, to return the Federal ERA #1 funding received on January 25, 2021, in an amount of $2,670,235.34 to the U.S. Treasury and authorizing the City Manager or his designee, to take the necessary steps to implement the provisions of this resolution.
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CED; Jessica Hill, 209-577-5321, [email protected]
Consent
12. Consider approving the Subdivision Improvement Agreement (SIA) and Final Map for the Woodglen Village No. 2 Subdivision consisting of approximately 9.2 acres located between Bangs Avenue, Tully Road, Pelandale Avenue and Carver Road. (Funding Source: Developer Fees)
Staff Recommendation:
Resolution approving the Subdivision Improvement Agreement for Woodglen Village 2 Subdivision, and authorizing the City Manager or his designee, to execute the Subdivision Improvement Agreement with the owner, Modesto Roselle, LLC.
Resolution approving the Final Map for Woodglen Village 2 Subdivision, and authorizing the City Clerk to certify the Final Map and record it with the Stanislaus County Recorder’s Office.
CED; Nathan Bray, 209-571-5542, [email protected]
Consent
13. Consider approving the Subdivision Improvement Agreement (SIA) and Final Map for the Woodglen Village No. 5 Subdivision consisting of roughly 8.3 acres located between Bangs Avenue, Tully Road, Pelandale Avenue and Carver Road. (Funding Source: Developer Fees)
Staff Recommendation:
Resolution approving the Subdivision Improvement Agreement for Woodglen Village 5 Subdivision, authorizing the City Manager, or designee, to execute the Subdivision Improvement Agreement with the owner, Modesto Roselle, LLC.
Resolution approving the Final Map for Woodglen Village 5 Subdivision, and authorizing the City Clerk to certify the final map and record it with the Stanislaus County Recorder’s Office.
CED; Nathan Bray, 209-571-5542, [email protected]
Consent
14. Consider adopting the 2022 State and Federal Legislative Priorities, and authorizing the City Manager or his designee, to carry out the necessary steps to help the City achieve the identified priorities. (Funding Source: Not Applicable) Staff Recommendation:
Resolution adopting the 2022 State and Federal Legislative Priorities and authorizing the City Manager or his designee, to carry out the necessary steps to help the City achieve the priorities identified in the platform.
CITY MANAGER; Edgar Garcia, 209-571-5101, [email protected] Consent
15. Consider approving a First Amendment with Badger Meter, Inc. for the purchase of Badger water meters, automated meter readers, and related parts from an annual estimated amount of $600,880 to a new estimated annual amount of $1,500,880 and a - 8 -
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total revised amount not to exceed from $3,059,022 to $7,504,400 over five years, and authorizing the Director of Finance or her designee, the ability to add parts based on the Department’s needs, ensuring the total cost does not exceed the authorized amount. (Funding Source: Water Fund)
Staff Recommendation:
Resolution approving a First Amendment with Badger Meter, Inc. for the purchase of Badger water meters, automated meter readers, and related parts from an annual estimated amount of $600,880 to a new estimated annual amount of $1,500,880 and a total revised amount not to exceed from $3,059,022 to $7,504,400 over five years, and authorizing the Director of Finance or her designee, to execute the amendment; and authorizing the Director of Finance or her designee, the ability to add parts based on the Department’s needs, ensuring the total cost does not exceed the authorized amount.
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 Kenworth Truck Company under authorized dealer with NorCal Kenworth-Bay Area, San Leandro, CA, for a Kenworth Cab and Chassis Truck for a total amount not to exceed $148,510; and approving the competitive bidding process from BuyBoard Cooperative Purchasing with Cooper Equipment, Company, San Antonio, TX, for a Slurry Tank for a total amount not to exceed $279,034. (Funding Source: Surface Transportation Fund) Staff Recommendation:
Resolution approving the competitive bidding process from Sourcewell (formerly National Joint Powers Alliance) with Kenworth Truck Company under authorized dealer with NorCal Kenworth-Bay Area, San Leandro, CA, for a Kenworth Cab and Chassis Truck for a total amount not to exceed $148,510; and authorizing the Purchasing Manager or her designee, to issue the Purchase Order.
Resolution approving the competitive bidding process from BuyBoard Cooperative Purchasing with Cooper Equipment, Company, San Antonio, TX, for a Slurry Tank for a total amount not to exceed $279,034; 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 reissuing all bids for Request for Bid (RFB) No. 1819-49RB for Seven Stake Side Dump Trucks and RFB 19-20-83 for One-Ton Utility Truck and authorizing staff to reissue the RFB’s at a future date or identify a Cooperative Agreement when approved by the City Manager. (Funding Source: Fleet Replacement Fund) Staff Recommendation:
Resolution reissuing all bids for Request for Bid (RFB) No. 1819-49RB for Seven Stake Side Dump Trucks and RFB 19-20-83 for One-Ton Utility Truck and authorizing staff to reissue the RFB’s at a future date or identify a - 9 -
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Cooperative Agreement when approved by the City Manager.
FINANCE DEPARTMENT; Cynthia Kline, 209-577-5412, [email protected] Consent
18. Consider approving the audited financial statements and various audit reports for Fiscal Year 2020-2021 audited by external auditors Hudson Henderson & Company, Inc. for the City’s Annual Comprehensive Financial Report, twelve Community Facilities Districts and various Joint Powers Agencies. (Funding Source: Not Applicable) Staff Recommendation:
Resolution approving the audited financial statements and various audit reports for Fiscal Year 2020-2021 audited by external auditors Hudson Henderson & Company, Inc. for the City’s Annual Comprehensive Financial Report, twelve Community Facilities Districts and various Joint Powers Agencies.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
Consent
19. Consider approving the Auditors’ Reports and Schedule of Measure L Program Revenues and Expenditures for Fiscal Year Ended June 30, 2021. (Funding Source:
Not Applicable)
Staff Recommendation:
Resolution approving the Fiscal Year 2020-2021 Auditor’s Report on Compliance of the Measure L: Local Roads First Transportation Funding Measure.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
Consent
20. Consider approving the Auditors’ Reports and Schedule of Passenger Facility Charge Revenues and Expenditures for Fiscal Year Ended June 30, 2021. (Funding Source:
Not Applicable)
Staff Recommendation:
Resolution approving the Auditors’ Reports and Schedule of Passenger Facility Charge Revenues and Expenditures for Fiscal Year Ended June 30, 2021, prepared by external auditors Hudson Henderson & Company, Inc.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
Consent
21. Consider approving the Fiscal Year 2020-2021 Single Audit Report for the City of Modesto from external auditors Hudson Henderson & Company, Inc. (Funding Source:
Not Applicable)
Staff Recommendation:
Resolution approving the Fiscal Year 2020-2021 Single Audit Report for the City of Modesto from external auditors Hudson Henderson & Company, Inc.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
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[email protected]
Consent
22. Consider approving the submission of the City’s Local Transportation Funds Fiscal Year 2021-2022 Claim for Non-Motorized and Other Purposes (bike lanes and pedestrian pathways and local streets and roads interest) in the amount of $503,707 to the Stanislaus Council of Governments (StanCOG) and amending the Fiscal Year 2021-22 Capital Improvement Program Budget in an amount not to exceed $503,707. (Funding Source: Local Transportation Funds)
Staff Recommendation:
Resolution approving the submission of the City’s Local Transportation Funds Fiscal Year 2021-2022 Claim for Non-Motorized and Other Purposes (bike lanes and pedestrian pathways and local streets and roads interest) in the amount of $503,707 to the Stanislaus Council of Governments (STANCOG). Resolution amending the Fiscal Year 2021-2022 Capital Improvement Program Budget to fund project #100813, 101383, and 101384 (Virginia Corridor Phase VII, Oakdale Road Improvements, and Sylvan/Standiford PHB's) in an amount not to exceed $503,707 in transfers, revenue, and to budget expenditures to fund the projects, and authorizing the City Manager or his designee, to implement the provisions of this resolution.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
Consent
23. Consider approving a Resolution authorizing participation in the PARS PostEmployment Benefits Trust Program to be administered by Public Agency Retirement Services (PARS) and U.S. Bank, appointing the City Manager or his designee as the City’s Plan Administrator. (Funding Source: Various Funds) Staff Recommendation:
Resolution approving the adoption of the Public Agencies Post-Employment Benefits Trust administered by Public Agency Retirement Services (PARS), appointing the City Manager or his designee as the Plan Administrator and authorizing the City Manager or his designee to execute the documents to implement the Program.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] Consent
24. Consider approving the Award of Bid and Agreement for Backflow Prevention Testing Services to Dan Ely Backflow Services, Turlock, CA for a two year Agreement with three one-year extension options, for an estimated annual amount of $25,000 and a total amount not to exceed $125,000 over five years. (Funding Source: General Fund, Airport and Centre Plaza Funds)
Staff Recommendation:
Resolution approving the Award of Bid and Agreement for Backflow Prevention Testing Services to Dan Ely Backflow Services, Turlock, CA for a two year Agreement with three one-year extension options, for an estimated - 11 -
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annual amount of $25,000 and a total amount not to exceed $125,000 over five years, and authorizing the City Manager or his designee, to execute the Agreement.
PRN; Kelly Gallagher, 209-342-2270, [email protected] Consent
25. Consider approving the Award of Bid and Agreement for Discing and Flail Mowing Services to Elite Maintenance & Tree Service, Inc., Clovis, CA for a two year Agreement with three one-year extension options, for an annual estimated cost of $151,335 and a total amount not to exceed $756,675 over five years. (Funding Source:
Various Funds)
Staff Recommendation:
Resolution approving the Award of Bid and Agreement for Discing and Flail Mowing Services to Elite Maintenance & Tree Service, Inc., Clovis, CA for a two year Agreement with three one-year extension options, for an annual estimated cost of $151,335 and a total amount not to exceed $756,675 over five years, and authorizing the City Manager or his designee, to execute the Agreement.
PRN; Kelly Gallagher, 209-342-2270, [email protected] Consent
26. Consider approving the First Amendment to the Memorandum of Understanding (MOU) between the La Loma Neighborhood Association and the City of Modesto for the Native Plant Garden on Encina Avenue, and extending the term of the MOU from March 28, 2022 to March 28, 2027. (Funding Source: General Fund) Staff Recommendation:
Resolution approving the First Amendment to the Memorandum of Understanding (MOU) between the La Loma Neighborhood Association and the City of Modesto for the Native Plant Garden on Encina Avenue extending the term of the MOU from March 28, 2022 to March 28, 2027, and authorizing the City Manager or his designee, to execute the MOU.
PRN; Laurie Smith, 209-577-5347, [email protected]
Consent
27. Consider rejecting all bids for the Upgrade Traffic Signals 2017 Project and authorize staff to re-advertise the project for bids at a future date. (Funding Source: Congestion Mitigation and Air Quality)
Staff Recommendation:
Resolution rejecting all bids for the Upgrade Traffic Signals 2017 Project and authorizing staff to re-advertise the project for bids at a future date.
PUBLIC WORKS; Scott Collins, 209-577-5431, [email protected] Consent
28. Consider approving a First Amendment to the Agreement with West Yost Associates, Inc., Sacramento, CA, for Design Services for Del Rio Replacement Well 271, in the amount of $42,700 for the identified scope of services, for a revised total cost not to - 12 -
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exceed $898,390. (Funding Source: Water Fund)
Staff Recommendation:
Resolution approving a First Amendment to the Agreement with West Yost, Sacramento, CA, for Design Services for Del Rio Replacement Well 271, in the amount of $42,700, for the identified scope of services, for a revised total cost not to exceed $898,390, and authorizing the City Manager, or his designee, to execute the Amendment.
UTILITIES; Robert Davalos, 209-571-5869, [email protected] Consent
29. Consider approving the Award of Bid and Agreement with Western Oilfields Supply Company, dba Rain for Rent, Bakersfield, CA for the annual rental of three DV-400c pumps, and related equipment for a one-year Agreement with four one-year extension options, for an estimated annual amount of $60,545, and a total amount not to exceed $334,549 over five years. (Funding Source: Wastewater Fund) Staff Recommendation:
Resolution approving the Award of Bid and Agreement with Western Oilfields Supply Company, dba Rain for Rent, Bakersfield, CA for the annual rental of three DV-400c pumps, and related equipment for a one-year Agreement with four one-year extension options, for an estimated annual amount of $60,545, and a total amount not to exceed $334,549 over five years, and authorizing the City Manager or his designee, to execute the Agreement.
UTILITIES; Robert Englent, 209-577-6222, [email protected]
COUNCIL COMMENTS & REPORTS
CITY MANAGER COMMENTS & REPORTS
HEARINGS
Published in the Modesto Bee on February 21, 2022
30. Hearing to consider approving a Capital Facilities Fees Exemption Agreement, in the amount of $55,809.60, with Stanislaus Equity Partners Community Development Corporation for a seven unit project located at 112 James Street. (Funding Source:
Capital Facilities Fees Fund)
Staff Recommendation:
Resolution approving a Capital Facilities Fees Exemption Agreement, in the amount of $55,809.60, with Stanislaus Equity Partners CDC for the 7-unit project located at 112 James Street, and authorizing the City Manager or his designee, to execute the Agreement.
CED; Jessica Hill, 209-577-5321, [email protected]
31. Public Hearing to adopt the Final Council District Map Recommended by the Citizens’ Districting Commission. (Funding Source: Not Applicable) - 13 -
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Staff Recommendation:
Resolution approving the Final Council District Map recommended by the Citizens’ Districting Commission.
CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected]
NEW BUSINESS
32. Consider approving accepting funds from the California Water and Wastewater Arrearage Payment Program (CWWAPP) for drinking water arrearage in an amount not to exceed $2,716,416 and authorizing the submission of an application to the CWWAPP for the wastewater arrearage amount estimated at $4,215,784. (Funding Source: Water and Sewer Funds)
Staff Recommendation:
Resolution accepting the funds from the California Water and Wastewater Arrearage Payment Program (CWWAPP) for drinking water arrearage in an amount not to exceed $2,716,416; and authorizing the submission of an application to the CWWAPP for the wastewater arrearage amount estimated at $4,215,784.
FINANCE DEPARTMENT; Jennifer Martin, 209-571-5892, [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
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, MARCH 8, 2022 at 4:00 PM
and after the regularly scheduled meeting in the Tenth Street Place, Chambers Conference Room, Basement Level, 1010 Tenth Street, Modesto, California.
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 - 14 -
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Session concerning the following:
CLOSED SESSION
PUBLIC EMPLOYEE APPOINTMENT
(Pursuant to Section 54957 Government Code)
Title: City Clerk
CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – Unrepresented Agency Negotiators: Christina Alger, Director of Human Resources Jose M. Sanchez, City Attorney
Employee: City Clerk
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: Stephanie Lopez v. City of Modesto, et al.
Superior Court of California, County of Stanislaus
Stanislaus County Case No.: CV-21-00925
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(a) of the Government Code) Name of case(s): Andre VanRyn v. City of Modesto
California Workers Compensation Appeals Board
Nos. ADJ10990424
CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCEA Negotiator: Christina Alger
Employee Organization: Modesto City Employees Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCMA Negotiator: Christina Alger
Employee Organization: Modesto Confidential & Management Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MPOA Negotiator: Christina Alger
Employee Organization: Modesto Police Officers’ Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MPNSA Negotiator: Christina Alger
Employee Organization: Modesto Police Non-Sworn Association - 15 -
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CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) –MPMA Negotiator: Christina Alger
Employee Organization: Modesto Police Management Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCFFA Negotiator: Christina Alger
Employee Organization: Modesto City Firefighters Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – Unrepresented Negotiator: Christina Alger
Employee Organization: Unrepresented Management and Confidential Employees Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
at by
date time signature