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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, May 03, 2022 at 5:30 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 - 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: Imam Ahmad Kayello, Islamic Center of Modesto City Clerk’s Announcements
Declaration of Conflicts of Interest
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Stanislaus County Update (Funding Source: Not Applicable) CITY MANAGER; Joseph Lopez, 209-577-5553, [email protected]
2. Presentation of Proclamation recognizing May 5, 2022 in Celebration of Cinco de Mayo. (Funding Source: Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected]
3. Presentation of Proclamation proclaiming May 2022 as Asian American, Native Hawaiian, and Pacific Islander (AANHPI) Heritage Month. (Funding Source: Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected]
4. Presentation of Proclamation proclaiming May 2022 as Mental Health Awareness Month. (Funding Source: Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected]
5. Presentation of Proclamation proclaiming May 2022 Older Americans Month. (Funding Source: Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected]
6. Presentation of Proclamation proclaiming May 2-6, 2022 as Public Service Recognition Week. (Funding Source: Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected] - 4 -
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MISCELLANEOUS
Legislation, Appointments, Other
7. Consider accepting the resignation of Will Crew from the City’s Landmark Preservation Commission. (Funding Source: Not Applicable) Staff Recommendation:
Resolution accepting the resignation of Will Crew from the City of Modesto Landmark Preservation Commission.
CED; Steve Mitchell, 209-577-5267, [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.
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 - 5 -
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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
8. Consider approving the minutes from the April 12, 2022 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving the minutes from the April 12, 2022 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
9. 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.
CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected] Consent
10. Consider approving a Second Amendment to the Second Restated Legal Services Agreement with Arata, Swingle, Van Egmond & Heitlinger in the amount of $250,000, for a total not to exceed amount of $750,000, and a Third Amendment to the Legal Services Agreement with Bartkiewicz, Kronick & Shanahan P.C. in the amount of $75,000, for a total not to exceed amount of $217,300 for continued representation. (Funding Source: General Liability Insurance Fund and Water Funds) Staff Recommendation:
Resolution approving a Second Amendment to the Second Restated Legal Services Agreement with Arata, Swingle, Van Egmond & Heitlinger in the amount of $250,000, for a total not to exceed amount of $750,000 to continue representing the City of Modesto in tort cases, and authorizing the City Manager or his designee, to execute the Agreement.
Resolution approving a Third Amendment to the Legal Services Agreement for Bartkiewicz, Kronick & Shanahan P.C. in the amount of $75,000, for a total not to exceed of $217,300, for continued representation and authorizing the City Manager or his designee, to execute the Agreement.
CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected] - 6 -
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Consent
11. Consider approving a Second Amendment to the Joint Exercise of Powers Agreement between the City of Modesto and the County of Stanislaus, amending sections related to the Commission Members and the Dispatch Advisory Board and Technical Advisory Committee, and appointing the Modesto Fire Chief to serve as the City’s additional member, and the Modesto Police Chief as their alternate, on the Consolidated Emergency Dispatch Agency Commission. (Funding Source: Not applicable) Staff Recommendation:
Resolution approving a Second Amendment to the Joint Exercise of Powers Agreement between the City of Modesto and the County of Stanislaus for Emergency Dispatch Services amending sections related to the Commission Members and the Dispatch Advisory Board and Technical Advisory Committee, authorizing the City Manager, or his designee to execute the amendment and appointing the Modesto Fire Chief as the City’s Additional Member, and Modesto Police Chief as their alternate, to the Commission.
CITY MANAGER; Scotty Douglass, 209-577-9149, [email protected] Consent
12. Consider accepting the Monthly Investment Report for February 2022. (Funding Source: Various Funds)
Staff Recommendation:
Motion accepting the Monthly Investment Report for February 2022.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
Consent
13. Consider accepting an informational report for the March 2022 Accounts Payable Payment Register and Void report. (Funding Source: Not Applicable) Staff Recommendation:
Motion accepting an informational report for the March 2022 Accounts Payable Payment Register and Void report.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
Consent
14. Consider accepting the Transportation Development Act Triennial Performance Audit conducted by the Stanislaus Council of Governments for transit operations and capital expenses. (Funding Source: Transit Funds)
Staff Recommendation:
Resolution accepting the Transportation Development Act Triennial Performance Audit conducted by the Stanislaus Council of Governments for transit operations and capital expenses.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
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Consent
15. Consider approving a renewal Agreement with ZOLL Data Systems, Inc. for hosted server services for both ePCR and FireRMS records management and reporting software, in an annual estimated amount of $77,124, with a one-time ePCR implementation fee of $7,500, for a total three-year Agreement not to exceed $238,872. (Funding Source: General Fund)
Staff Recommendation:
Resolution approving a renewal Agreement with ZOLL Data Systems, Inc. for hosted server services for both ePCR and FireRMS records management and reporting software, in an annual estimated amount of $77,124, with a one-time ePCR implementation fee of $7,500, for a total three-year Agreement not to exceed $238,872 and authorizing the City Manager, or his designee, to execute the Agreement.
FIRE DEPARTMENT; Alan Ernst, 209-572-9590, [email protected] Consent
16. Consider approving the donation of Canine Fuse from Thor’s Hope Foundation, for use as a facility dog for the City of Modesto Fire Department, for an estimated initial cost of $287, and an estimated annual cost of $3,337. (Funding Source: General Fund) Staff Recommendation:
Resolution approving the donation of Canine Fuse from Thor’s Hope Foundation, for use as a facility dog for the City of Modesto Fire Department, for an estimated initial cost of $287, and an estimated annual cost of $3,337.
FIRE DEPARTMENT; Alan Ernst, 209-572-9590, [email protected] Consent
17. Consider approving the submission of an application for the Fiscal Year 2022-2023 Cal Fire Rural Fire Capacity (RFC) Program Grant, in an amount that will not exceed $40,000, which includes a 50% local match, for the procurement of wildland firefighting equipment. (Funding Source: General Fund)
Staff Recommendation:
Resolution approving the submission of an application for the Fiscal Year 2022-2023 Cal Fire Rural Fire Capacity (RFC) Program Grant, in an amount that will not exceed $40,000, which includes a 50% local match, for the procurement of wildland firefighting equipment.
FIRE DEPARTMENT; Alan Ernst, 209-572-9590, [email protected] Consent
18. Consider approving the award of proposal and Agreement for citywide regulatory safety training and consultation to NATEC International, Inc., Anaheim, California, for a two-year Agreement with three one-year extension options, for an annual cost not to exceed $115,000 and a total amount not to exceed $575,000 over five years. (Funding Source: Various Funds)
Staff Recommendation:
Resolution approving the award of proposal and Agreement for Citywide Safety Consultation and Training Services to NATEC International, Inc., - 8 -
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Anaheim, California, for a two-year Agreement with three one-year extension options, for an annual estimated cost of $115,000, and a total amount not to exceed $575,000 over five years; and authorizing the City Manager, or his designee, to execute the Agreement.
HUMAN RESOURCES; Nick Panos, 209-577-5466, [email protected] Consent
19. Consider approving lease Agreements between the City of Modesto and Del Rio CC Foundation (First Tee – Central Valley) and City of Modesto and the Boys and Girls Clubs of Stanislaus County for lease of property located on Roselawn Avenue (APNs 037-036-007 and 037-051-001) for operation of youth programming. (Funding Source:
CBDG)
Staff Recommendation:
Resolution approving lease Agreements between the City of Modesto and Del Rio CC Foundation (First Tee – Central Valley) and the City of Modesto and the Boys and Girls Clubs of Stanislaus County for lease of property located on Roselawn Avenue (APNs 037-036-007 and 037-051-001) for operation of youth programming, and authorizing the City Manager, or his designee to execute the lease Agreements.
PRN; Laurie Smith, 209-577-5347, [email protected]
Consent
20. Consider approving the list of projects to be funded with Road Repair and Accountability Act tax proceeds in Fiscal Year 2022-2023. (Funding Source: Senate Bill 1 funds)
Staff Recommendation:
Resolution approving the list of projects to be funded with Road Repair and Accountability Act proceeds in Fiscal Year 2022-2023
PUBLIC WORKS; Steve Fischio, 209-342-2222, [email protected] Consent
21. Consider approving an Agreement for the purchase of Reuse Water from the Turlock Irrigation District. (Funding Source: Wastewater Fund)
Staff Recommendation:
Resolution approving an Agreement for the purchase of Reuse Water from the Turlock Irrigation District and authorizing the City Manager, or his designee, to execute the Agreement.
UTILITIES; Ben Koehler, 209-342-4502, [email protected]
COUNCIL COMMENTS & REPORTS
CITY MANAGER COMMENTS & REPORTS
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NEW BUSINESS
22. Consider approving the rehire of Michael Bumanlag on a part-time basis for a limited duration of up to three months for the purposes of providing critical software support to ensure the public can be provided service without interruption and overseeing the training and transfer of knowledge to his replacement for a cost not to exceed $25,000. (Funding Source: Information Technology Fund)
Staff Recommendation:
Resolution approving the rehire of Michael Bumanlag on a part-time basis for a limited duration of up to three months for the purposes of providing critical software support to ensure the public can be provided service without interruption and overseeing the training and transfer of knowledge to his replacement for a cost not to exceed $25,000.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected]
23. Consider an ordinance approving the Modesto Police Department Military Equipment Use Policy 710 in accordance with Assembly Bill (AB) 481. (Funding Source: Not Applicable)
Staff Recommendation:
Motion introducing and waiving the first reading of an Ordinance approving the Modesto Police Department Military Equipment Use Policy 710 in accordance with Assembly Bill (AB) 481.
POLICE DEPARTMENT; Jason Grogan, 209-572-9500, [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
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
at by
date time signature