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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, April 12, 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.
City staff will unmute your microphone when it is your turn to provide - 3 -
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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: Shalom Bochner, Congregation Beth Shalom
City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Presentation of Proclamation proclaiming April 22, 2022 as Earth Day. (Funding Source: Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected]
2. Poem of the Month by Poet Laureate, Salvatore Salerno (Funding Source: Not Applicable)
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, 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.
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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
3. Consider approving the minutes from the April 5, 2022 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving the minutes from the April 5, 2022 Council Meeting.
CITY CLERK; Dana Sanchez, 209-577-5396, [email protected] Consent
4. Consider approving an increase to the Purchase Order with Kate Trompetter Consulting for continued facilitation services for the Forward Together initiative by $17,303, from $49,460 for a revised amount not to exceed $66,763. (Funding Source:
General Fund)
Staff Recommendation:
Resolution approving an increase to the Purchase Order with Kate Trompetter - 5 -
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Consulting for continued facilitation services for the Forward Together initiative, by $17,303, from $49,460 for a revised amount not to exceed $66,763, and authorizing the Purchase Manger, or her designee, to increase the Purchase Order.
CITY MANAGER; Edgar Garcia, 209-571-5101, [email protected] Consent
5. Consider accepting Fiscal Year 2022-2023 Engineer’s Annual Report for Landscape Maintenance Assessment District No. 1 for Dry Creek Meadows Subdivisions Nos. 1- 6; Declaring Intention to Levy and Collect Assessments for Landscape Maintenance Assessment District No. 1 for Dry Creek Meadows Subdivisions Nos. 1-6 and setting a Public Hearing on June 28, 2022 to Consider the Fiscal Year 2022-2023 Levy and Collection of Assessments Within Landscape Maintenance Assessment District No. 1. (Funding Source: Landscape Maintenance District No. 1)
Staff Recommendation:
Resolution accepting Fiscal Year 2022-2023 Engineer’s Annual Report for Landscape Maintenance Assessment District No. 1 for Dry Creek Meadows Subdivisions Nos. 1-6; Declaring Intention to Levy and Collect Assessments for Landscape Maintenance Assessment District No. 1 for Dry Creek Meadows Subdivisions Nos. 1-6 and setting a Public Hearing on June 28, 2022 to Consider the Fiscal Year 2022-2023 Levy and Collection of Assessments Within Landscape Maintenance Assessment District No. 1.
CED; Jessica Hill, 209-577-5321, [email protected]
Consent
6. Consider accepting the Fiscal Year 2022-23 Engineer’s Annual Report for Landscape Maintenance Assessment District No. 2 for Dry Creek Meadows Subdivisions Nos. 7- 10, Creekwood Meadows Subdivision, and Yosemite Meadows Subdivisions Units 1 and 2; Notice of Intention to Levy and Collect Assessments for Landscape Maintenance Assessment District No. 2 for Dry Creek Meadows Subdivisions Nos. 7- 10, Creekwood Meadows Subdivision, and Yosemite Meadows Subdivisions Units 1 and 2; and setting a Public Hearing on June 28, 2022 to Consider the Fiscal Year 2022- 23 Levy and Collection of Assessments Within Landscape Maintenance Assessment District No. 2. (Funding Source: Landscape Maintenance District No. 2) Staff Recommendation:
Resolution accepting the Fiscal Year 2022-23 Engineer’s Annual Report for Landscape Maintenance Assessment District No. 2 for Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision, and Yosemite Meadows Subdivisions Units 1 and 2; Notice of Intention to Levy and Collect Assessments for Landscape Maintenance Assessment District No. 2 for Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision, and Yosemite Meadows Subdivisions Units 1 and 2; and setting a Public Hearing on June 28, 2022 to Consider the Fiscal Year 2022-23 Levy and Collection of Assessments Within Landscape Maintenance Assessment District No. 2.
CED; Jessica Hill, 209-577-5321, [email protected]
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Consent
7. Consider accepting the Fiscal Year 2022-23 Engineer’s Annual Report for the Shackelford Landscape and Lighting District; Notice of Intention to Levy and Collect Assessments for the Shackelford Landscape and Lighting District; and setting a Public Hearing on June 28, 2022 to Consider the Fiscal Year 2022-23 Levy and Collection of Assessments Within the Shackelford Landscape and Lighting District. (Funding Source: Shackelford Landscape and Lighting District)
Staff Recommendation:
Resolution accepting the Fiscal Year 2022-23 Engineer’s Annual Report for the Shackelford Landscape and Lighting District; Notice of Intention to Levy and Collect Assessments for the Shackelford Landscape and Lighting District; and setting a Public Hearing on June 28, 2022 to Consider the Fiscal Year 2022-23 Levy and Collection of Assessments Within the Shackelford Landscape and Lighting District.
CED; Jessica Hill, 209-577-5321, [email protected]
Consent
8. Consider approving a Grant Agreement with California Department of Forestry and Fire Protection Urban and Community Forestry California Climate Investments Grant Program in the amount of $557,420 for a four-year period for the completion of Urban Forest Management Plan. (Funding Source: California Department of Forestry and Fire Protection Grant and 25% matching funds from FY 21/22 Green Waste Fund) Staff Recommendation:
Resolution approving a Grant Agreement with California Department of Forestry and Fire Protection (CALFIRE) Urban and Community Forestry California Climate Investments Grant Program in the amount of $557,420 for a four-year period for completion of the Urban Forest Management Plan, and authorizing the City Manager, or his designee, to execute the Grant Agreement, and all grant related documents.
PUBLIC WORKS; Michael Hoesch, 209-342-4566, [email protected] Consent
9. Consider accepting the plans and specifications for the Rebid Plant Structural Improvements Project and awarding a construction Contract to Caliber Contracting Services Inc, of Fresno, CA, in the amount of $2,516,700 plus $302,004 in contingency (if needed), for a total amount not to exceed $2,818,704; approving an increase in the Director’s Authority from 8% to 12% to issue change orders; approving an Agreement with Carollo Engineers for Engineering Support During Construction in the amount of $100,000, plus $10,000 in additional services (if needed), for a total amount not to exceed $110,000; and amending the Fiscal Year 2021-22 Capital Improvement Project Budget in the amount of $2,026,195. (Funding Source: Wastewater Fund) Staff Recommendation:
Resolution approving plans and specifications for the Rebid Plant Structural Improvements Project, accepting the bid, and approving a construction Contract with Caliber Contracting Services Inc, of Fresno, CA, in the amount of - 7 -
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$2,516,700 plus $302,004 for contingency (if needed) for a total amount not to exceed $2,818,704 and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution authorizing an increase in the Director’s authority to issue change orders for Rebid Plant Structural Improvements Project from 8% ($201,336) to 12% ($302,004) of the construction Contract price of $2,516,700 with Caliber Contracting Services Inc., of Fresno, CA.
Resolution approving an Agreement with Carollo Engineers, of Walnut Creek, CA, for Engineering Support During Construction for the Rebid Plant Structural Improvements Project, in an amount not to exceed $100,000 for the identified scope of services, plus $10,000 for additional services (if needed), for a total amount not to exceed $110,000 and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution amending the Fiscal Year 2021-22 Capital Improvement Program Budget in the amount of $2,026,195 to be transferred into the project from Wastewater Reserves to fully fund the construction, contingency, construction administration and design support during construction for the Rebid Plant Structural Improvements Project and authorizing the City Manager, or his designee, to implement the provisions of this resolution.
UTILITIES; Cristian Ciotau, 209-577-5260, [email protected] Consent
10. Consider approving a Second Amendment to the Agreement with NV5 of Manteca, CA, for Construction Management, Testing and Inspection Services for the Del Rio Tank No. 14, Well 68 and Pump Station Project in an amount not to exceed $35,328, for an amended total amount not to exceed $1,235,020. (Funding Source: Water Fund) Staff Recommendation:
Resolution approving a Second Amendment to the Agreement with NV5, of Manteca, CA, for Construction Management and Inspection Services for the Del Rio Tank No. 14, Well No. 68, and Pump Station Project in an amount not to exceed $35,328, for an amended total not to exceed $1,235,020, and authorizing the City Manager, or his designee, to execute the amendment.
UTILITIES; Jesse Franco, 209-571-5175, [email protected] Consent
11. Consider approving a Pre-Qualified Local Consultant List for Civil Engineering Services for various Capital Improvement Program projects for a period of one year, with the possibility of two additional one-year extensions at the written approval of the Utilities Department Director. (Funding Source: Various Capital Improvement Program Projects)
Staff Recommendation:
Resolution approving a Pre-Qualified Local Consultant List for Civil Engineering Services, for various Capital Improvement Program projects for a period of one year, with the possibility of two additional one-year extensions at the written approval of the Utilities Department Director.
UTILITIES; Robert Davalos, 209-571-5869, [email protected] - 8 -
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COUNCIL COMMENTS & REPORTS
CITY MANAGER COMMENTS & REPORTS
UNFINISHED BUSINESS
12. Consider accepting the City of Modesto’s Project Homekey 2.0 Grant Award of $3,973,353 for the project located at 1208 9th Street. (Funding Source: Homekey 2.0 Funds)
Resolution accepting the City of Modesto’s Project Homekey 2.0 Grant Award of $3,973,353 for the project located at 1208 9th Street, authorizing the City Manager, or his designee, to execute the related Agreements.
CED; Jessica Hill, 209-577-5321, [email protected]
HEARINGS
Published in the Modesto Bee on April 1, 2022.
13. Hearing to consider a proposed amendment to the City of Modesto Urban Area General Plan to amend 67 acres from Business Park (BP) uses to Mixed Use (MU), together with a proposed amendment to the Kiernan Business Park Specific Plan to amend 67 acres from Business Park to the new land use designation of Mixed Uses 3 (MU3), property located north of Pelandale Avenue and east of Dale Road, and an amendment of the Specific Plan to change Bangs Avenue from a four-lane major collector street to a two-lane minor collector street. (Funding Source: Developer Funded) Staff Recommendation:
Resolution approving an amendment to the Modesto Urban Area General Plan to change the land use designation of 67 acres from Business Park (BP) uses to Mixed Use (MU).
Resolution approving Amendment No. 12 of the Kiernan Business Park Specific Plan, to change the land use designation of 67 acres from Business Park (BP) to the new land use designation of Mixed Use 3 (MU3), property located North of Pelandale Avenue and East of Dale Road, together with an amendment to the Circulation Plan of the Specific Plan to change the designation of Bangs Avenue from four-lane major collector street to two-lane collector street.
Resolution adopting a Negative Declaration for a General Plan amendment to change the land use designation of 67 acres from Business Park (BP) to Mixed Use (MU), property located north of Pelandale Avenue and east of Dale Road, together with Amendment No. 12 to the Kiernan Business Park Specific Plan, to change the land use designation of 67 acres from Business Park (BP) to the new land use designation of Mixed Uses 3 (MU3) in the land use diagram of the Specific Plan, and to change Bangs Avenue from a four-lane major collector street to a two-lane collector street in the Circulation Plan of the Specific Plan. - 9 -
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CED; Katharine Martin, 209-577-5867, [email protected] No publication in the Modesto Bee was required.
14. Hearing to consider proposed sewer rate increase for Fiscal Year 2022-23 through Fiscal Year 2026-27. (Funding Source: Wastewater Fund)
Staff Recommendation:
Resolution adopting sewer service rates, effective July 1, 2022, for Fiscal Years 2022-23 through 2026-27 in accordance with Proposition 218.
UTILITIES; William Wong, 209-571-5801, [email protected]
NEW BUSINESS
15. Consider amending the position allocation for Fiscal Year 2021-22 to hire two additional Outreach Specialists for the Community Health and Assistance Team (CHAT), and approving a First Amendment to County/City agency Memorandum of Understanding between the County of Stanislaus and the Modesto Police Department (MPD), for the County to provide two mental health clinicians or behavioral health specialists to ride with crisis intervention trained police officers and respond to mental health calls for service in the City of Modesto; for a total amount not to exceed $800,000 to support both programs. (Funding Source: American Rescue Plan Act) Staff Recommendation:
Resolution amending the position allocation for Fiscal Year 2021-22 to hire two additional Outreach Specialists for the Community Health and Assistance Team (CHAT).
Resolution approving a First Amendment to County/City agency Memorandum of Understanding between the County of Stanislaus and the Modesto Police Department (MPD), for the County to provide two mental health clinicians and/or behavioral health specialists to ride with crisis intervention trained police officers and respond to mental health calls for service in the City of Modesto, and authorizing the City Manager, or his designee, to execute the Agreement.
POLICE DEPARTMENT; Brandon Gillespie, 209-572-9501,
[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, APRIL 12, 2022 at 4:30 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 Session concerning the following:
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: City of Modesto v. California State Water Resources Control Board Superior Court of California, County of Sacramento
Sacramento County Case No: 34-2019-80003051
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 CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) –MPMA Negotiator: Christina Alger
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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