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MODESTO CITY COUNCIL
www.modestogov.com
AGENDA
City of Modesto
SPECIAL CITY COUNCIL MEETING
Chambers, Basement Level
Tenth Street Place, 1010 10th Street
Modesto, California
Tuesday, April 26, 2022 at 3:00 PM
*Roll Call - Councilmembers Escutia-Braaton, Kenoyer, Madrigal, Ricci, Wright, 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 - 1 -
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and placed in the record, but will not be read aloud during the meeting. Written comments must be received by 1:00 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 - 2 -
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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
City Clerk’s Announcements
Declaration of Conflicts of Interest
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.
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.
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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.
COUNCIL COMMENTS & REPORTS
CITY MANAGER COMMENTS & REPORTS
NEW BUSINESS
1. Discuss options related to filling the City Council vacancy for District 4 and provide staff with direction to either:
1. Appoint an eligible individual to finish the remaining term for former Council Member Bill Zoslocki’s District 4 Council seat, which will end in November 2022; or
2. Allow the voters to fill the District 4 vacancy in the November 2022 General Municipal Election by electing an individual to a new four-year term starting in 2022 and ending in 2026.
(Funding Source: General Fund or Not Applicable)
Staff Recommendation:
It is recommended that Council consider its options on how to fill the vacant Council seat and provide staff with direction.
CITY ATTORNEY; Jose Sanchez, 209-577-5284, [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
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Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
at by
date time signature
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
April 26, 2022
Date: April 21, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jose M. Sanchez, City Attorney
SUBJECT: City Council Vacancy – District 4
CONTACT: Jose M. Sanchez, City Attorney, 209-577-5284, [email protected] DESCRIPTION:
Discuss options related to filling the City Council vacancy for District 4 and provide staff with direction to either:
1. Appoint an eligible individual to finish the remaining term for former Council Member Bill Zoslocki’s District 4 Council seat, which will end in November 2022; or
2. Allow the voters to fill the District 4 vacancy in the November 2022 General Municipal Election by electing an individual to a new four-year term starting in 2022 and ending in 2026.
(Funding Source: General Fund or Not Applicable)
STRATEGIC PLAN ELEMENT:
This item supports the City’s 2020-2025 Strategic Plan Goals to build a high-performance organization and improve community safety.
BACKGROUND:
On April 20, 2022, former Council Member Zoslocki submitted a letter of resignation, ending his term as Council Member effective 12:00 pm that day due to moving outside of his Council District. Council Member Zoslocki’s District 4 term expires in November 2022. Former Council Member Zoslocki was first elected to the Council in November of 2013 and re-elected to his seat in 2017.
DISCUSSION:
Modesto Charter Section 702, “Vacancies,” states that the if a vacancy in the office of Mayor or Council Member occurs, “the Council shall forthwith appoint a person to fill such vacancy,” #1..
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City Council Vacancy – District 4
however, “[i]n the event that the Council shall fail to fill a vacancy by appointment within 30 days after such office has become vacant, it shall forthwith cause an election to be held to fill such vacancy.” Modesto Charter Section 702 reads as follows:
“If a vacancy shall occur in the office of Mayor or Councilmember, the Council shall forthwith appoint a person to fill such vacancy. Said appointee shall possess such qualifications for eligibility as are set forth in Section 701 of this article and shall hold office until a successor is duly elected and qualified. Such successor shall be chosen at the next regular municipal election, or as otherwise may be required by recall proceedings instituted involving the office of Mayor or a Councilmember.
In the event that the Council shall fail to fill a vacancy by appointment within thirty (30) days after such office shall have become vacant, it shall forthwith cause an election to be held to fill such vacancy.”
Filling the Vacancy by Appointment
If the Council decided to fill the District 4 Council vacancy by appointment, the Council would need to decide the process for selecting an eligible individual. There is no guidance in the Charter or state law regarding how to fill vacancies by appointment. The Council can decide to hold an application and interview process or decide to simply select an eligible individual. Any discussion, interviews, and/or appointment would need to happen in an open session of a scheduled Council meeting. Any person selected must reside within the boundaries of District 4, as they existed when former Council Member Zoslocki was elected, and be registered to vote.
Modesto Charter Section 701, “Eligibility,” states as follows: “No person shall be eligible to be nominated for or to hold office as a member of the Council or as Mayor unless the person is and shall have been for at least thirty (30) days preceding the person's nomination or appointment a resident and registered elector of the City of Modesto or of territory annexed thereto.” If the Council decides to follow an appointment process, staff is looking for direction regarding the procedure Council would like to follow. Any appointment would need to happen within 30 days from April 20, 2022, which is May 20, 2022.
Filling the Vacancy by Election
Modesto Charter Section 702 states that if the Council fails to make an appointment within 30 days after the office becomes vacant (by May 20, 2022), the Council shall call an election to fill the vacancy. In this case, deciding to have the voters select the person to fill the vacancy would result in the voters filling the District 4 vacancy in the November 2022 General Municipal Election by electing an individual to a new four-year term starting in 2022 and ending in 2026.
The next possible regularly scheduled election available to fill the vacancy would be the November 2022 election. The District 4 seat will already be on the ballot for a new term.
Modesto Charter Section 302, “Procedure for Holding Elections,” states that “[u]nless otherwise provided by ordinances hereafter enacted, all elections shall be held in accordance with the provisions of the Elections Code of the State of California, as the same now exist or may hereafter be amended, for the holding of elections in general law cities, insofar as the same are not in conflict with this Charter.” The Charter is silent regarding the timing of a special election to fill a vacancy, so we look towards state law.
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Government Code section 36512(b)(1) states that if the Council calls a special election, “the special election shall be held on the next regularly established election date not less than 114 days from the call of the special election.” This means that if the Council were to call an election to fill the vacancy on May 20, 2022 (after the 30 days), it could not hold the election before September 11, 2022. The Council would then look at the next regularly established election date, which according to Elections Code section 1000, would be the “first Tuesday after the first Monday in November,” which is this upcoming general municipal election on November 8, 2022.
Given that Council Member Zoslocki’s District 4 term expires in November 2022, if the Council chooses to have the voters fill the Council vacancy, the result would be the voters selecting who would fill the Council seat for the new term.
Sample Timeline
April 20, 2022 – Resignation
May 20, 2022 – Pursuant to Modesto Charter Section 702 – 30 day deadline to appoint.
If Council does not appoint, Council would need to call an election to fill the vacancy.
September 11, 2022 – If Council decided to call an election, pursuant to Government Code section 36512(b)(1), “the special election shall be held on the next regularly established election date not less than 114 days from the call of the special election.” Calling an election on May 20, 2022, would result in an election being held after September 11, 2022 (114 days from May 20, 2022).
November 8, 2022 – This election date is the next “regularly established election date” not less than 114 days from the potential call of an election to fill the vacancy from the date the election is called (May 20, 2022).
November 2022 – Former Council Member Zoslocki’s District 4 term expires in November 2022. The District 4 seat is already scheduled for the November 2022 General Municipal Election.
FISCAL IMPACT:
The fiscal impact will depend on the Council’s decision. Choosing to appoint an eligible individual will possibly result in some staff costs depending on the process. Choosing to fill the vacancy through an election will not result in any additional costs since the District 4 Council seat is already scheduled to be on the November 2022 election for a new term.
COMMITTEE RECOMMENDATION:
This item was not presented to a committee.
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RECOMMENDED COUNCIL ACTION:
It is recommended that Council consider its options on how to fill the vacant Council seat and provide staff with direction.
Approved by:
Jose M. Sanchez, City Attorney
Joseph P. Lopez, City Manager
Attachments:
1. Former Council Member Zoslocki’s resignation letter. #1..
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April 19, 2022
Dear Councilmembers, Family, Friends, Neighbors, and many Acquaintances, I have served on the Modesto City Council now just shy of 8 ½ years. Yet, sometimes in politics, as in real life, you come to an unexpected crossroads you hadn’t been fully prepared for. A crossroad can come about due to a change in health, a change in job, a change to your family or any number of lifechanging events.
In my case, I am approaching the end of my extended 9-year term this November, which is a year longer than what I was originally elected to serve. But now, I need to step aside, unable to complete the remainder of this extended term, because I have sold my house in the district and, after prolonged consideration, determined my future will be served outside my district.
Of course, this consideration is not without regrets. In reflection, I instinctively recall the many wonderful people I have met and grown to know as friends and supporters of our City. Modesto is filled with so many kind, considerate, giving citizens, who are eager to assist and be part of a solution when our city is presented with what seems an insurmountable problem.
You see, Modesto primarily struggles because of budgetary constraints. Most often, during economic downturns, when the budget declines and then the application of attrition affects the entire organization.
Most notably within the ranks of public safety. That staff, Police and Fire Departments are affected because their salaries largely come from the “General Fund” of the City and that funding is primarily sourced from recession prone funds.
Even more impacted, is the Parks and Recreation Department. That is evidenced through reductions in parks programs and maintenance. All the reductions whether in staffing or services are necessary in order that the City, in the end, has a balanced budget.
Often during these challenging times, it is the citizens of Modesto, the unsung heroes that step forward and offer reasonable solutions to those challenges. This result has happened to me many times during my tenure.
Lakewood Park, and East La Loma Park are such an example. The City had closed those children’s playgrounds because of safety issues. The neighbors then rallied around a plan of fundraising and sweat equity and when combined with a smaller grant from the City, restored the playgrounds.
Other larger ongoing examples of citizens stepping forward to improve Modesto’s quality of life, to make Modesto a better place to live - are the Downtown Children's Museum, an interactive museum designed with a child’s interest and perspective. The Awesome Spot Playground at Beyer Park, an inclusive park design for children with disabilities where they can then play with their peers regardless of abilities.
Miracle League, a baseball stadium providing a safe and enjoyable team sport experience for children and young adults with physical and mental disabilities regardless of their experience level or ability.
Operation 9.2.99 Cleanup Project, A regularly scheduled monthly cleanup led by volunteers working to restore the waterfront of our beautiful Tuolumne River in Modesto. Dry Creek Trails Coalition, whose mission is to preserve, protect, and safeguard the Dry Creek Regional Park Trails.
All these are examples of community led projects and I have been fortunate to either have been personally involved, a supporter, or as the Councilmember to see the projects along. #1..
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The reason I highlight these projects and there are many more, they’re an example of citizens who love their community and are eager to improve this City’s way of life, an exemplary and noble role.
In conclusion, having lived most of my life in Modesto and watched keenly those who had served on the many appointed boards, commissions, and committees together with those who have volunteered to improve the lifestyle or “lot in life” of the many that call Modesto home.
It is with my greatest respect that I can offer to you a bid of “thank you” for making my job as a City Councilman a much better experience. You are the life and fresh air I sought when critics and gnashers were spewing division. You are the ones I found solace to carry on with joy and continue on knowing Modesto will be a better place regardless of my efforts. With that, my resignation is effective today April 20, 2022, at 12:00pm
In closing, I offer this blessing to all,
“May the Lord bless you and protect you.
May the Lord smile on you and be gracious to you.
May the Lord show you his favor and give you his peace.” Sincerely,
Bill Zoslocki
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