- 1 -
5/10/2022 5:30:00 PM
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 10, 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:
- 2 -
5/10/2022 5:30:00 PM
SUBMITTING COMMENTS BY E-MAIL
Written comments may be submitted via email to: [email protected] (include Agenda Item Number in the subject line). All comments will be shared with the Councilmembers and placed in the record but will not be read aloud during the meeting.
Written comments must be received by 3:00 p.m. on the day of the meeting.
VIRTUAL PARTICIPATION BY ZOOM VIDEO
CONFERENCING AND TELEPHONE
Joining the City Council meeting via Zoom
The City of Modesto is now offering the ability to view and participate in Council meetings via telephonic conferencing via “Zoom” video conferencing computer technology. The meeting may be accessed through the use of Zoom using the following options:
Enter the following link into an Internet Browser
https://us02web.zoom.us/j/86945970570,
Enter the following link into an Internet Browser https://zoom.us/ and using the Webinar ID 869 4597 0570
Passcode 84326
To use Zoom, please visit: https://zoom.us/ and either sign-up for a free Zoom account or continue as a guest. Once you have downloaded the app onto your mobile device, joined from your web browser, or downloaded the Zoom software on your computer you will be ready for the upcoming Council meeting.
Joining the City Council meeting via Telephone
If you don’t have a smart phone or computer to access the meeting via Zoom, you can participate by phone, by calling 1-877-853-5257 (Toll Free) or 1-888-475-4499 (Toll Free) and enter the Webinar ID 869 4597 0570 Passcode 84326
Providing Public Comment on Zoom and by Telephone
The Mayor will request public comment during the Public Comment periods on the meeting agendas and during each Public Hearing and Regular Calendar Item on the Council Agenda.
Once the Mayor has announced the public comment period, please do one of the following.
USING A COMPUTER OR SMART PHONE APP:
Click on the “Raise Hand” feature in the webinar controls. This will notify City staff that you have raised your hand.
City staff will unmute your microphone when it is your turn to provide public comment.
A prompt will appear to confirm you would like to be unmuted and then you will have three minutes to provide public comment.
Once your public comment has ended, you will be muted again. - 3 -
5/10/2022 5:30:00 PM
USING A REGULAR PHONE (not using a computer or smart phone APP):
Dial *9 (star 9), this will notify City staff that you have “raised your hand” for public comment.
City staff will unmute your microphone when it is your turn to provide public comment.
You will hear “you are unmuted” and then you will have three minutes to provide public comment.
Once your public comment has ended, you will be muted again. If your phone is unmuted, and you are unable to be heard, the host may ask that you Dial *6 to toggle mute on/off in Zoom.
Additional Zoom resources/support
Please visit Zoom’s website support page on helpful tips to prepare for the meeting:
https://support.zoom.us/hc/en-us/categories/201146643
Pledge of Allegiance to the Flag
Invocation: John Torres, City Ministry Network
City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Proclamation Proclaiming May 15th as International Day of Families (Funding Source:
Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected]
2. Proclamation Proclaiming May 15-21, 2022 as National Public Works Week (Funding Source: Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected] - 4 -
5/10/2022 5:30:00 PM
MISCELLANEOUS
Legislation, Appointments, Other
3. Consider appointing Amanda J. Heitlinger to the Modesto Downtown Improvement District Board of Directors for a four year term to expire January 1, 2026. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution appointing Amanda J. Heitlinger to the Modesto Downtown Improvement District Board of Directors for a four year term to expire January 1, 2026.
PRN; Laurie Smith, 209-577-5347, [email protected]
4. Consider approving Allan Ramsay for the vacant position of Small Aircraft Owner/General Aviation for the Modesto City-County Airport Advisory Committee for a two-year term. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution approving the appointment of Allan Ramsay for the vacant position of Small Aircraft Owner/General Aviation to the Modesto City-County Airport Advisory Committee for a two-year term.
PUBLIC WORKS; Steve Fischio, 209-342-2222, [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. - 5 -
5/10/2022 5:30:00 PM
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
5. Consider approving the minutes from the May 3, 2022 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving the minutes from the May 3, 2022 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
6. Consider final adoption of Ordinance 3745-C.S. approving the Modesto Police Department Military Equipment Use Policy 710. (Funding Source: Not Applicable) Staff Recommendation:
Motion approving final adoption of Ordinance 3745-C.S. approving the Modesto Police Department Military Equipment Use Policy 710.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
7. Consider approving a Will Serve Letter and Outside Service Agreement for sewer service for the property located at 908 Seybold Avenue (APN: 030-014-027). (Funding Source: Sewer Fund, General Fund)
Staff Recommendation:
Resolution approving a Will Serve Letter and Outside Service Agreement between the City of Modesto and Omar O Octavio Fragoso and Jocelyn Avila, husband and wife as joint tenants, to connect to the City of Modesto’s existing sewer system for the property located at 908 Seybold Avenue. (APN: 030-014- - 6 -
5/10/2022 5:30:00 PM
027), and authorizing the City Manager, or his designee, to sign the Will Serve Letter and execute the Outside Service Agreement.
CED; Jaylen French, 209-341-2938, [email protected] Consent
8. Consider approving the plans and specifications for the Pelandale Neighborhood Pavement Maintenance and Virginia Corridor Trail Maintenance Project, accepting the bid, and awarding a contract to American Pavement Systems, Inc. of Modesto, California, in the amount of $1,888,619; and amending the Fiscal Year 2021-2022 Capital Improvement Program (CIP) budget in the amount of $200,000 for Project #101247 and $400,000 for Project #101249. (Funding Source: Local Measure L Funds) Staff Recommendation:
Resolution approving the plans and specifications for the Pelandale Neighborhood Pavement Maintenance and Virginia Corridor Trail Maintenance Project, accepting the bid, and awarding a contract to American Pavement Systems, Inc. of Modesto, California, in the amount of $1,888,619 and authorizing the City Manager, or his designee to execute the Agreement. Resolution amending the Fiscal Year 2021-2022 Capital Improvement Program (CIP) budget, Project #101247 in the amount of $200,000 and a reduction in the amount of $400,000 for Project #101249, and amending the transfer from the Measure L – Local Road Tax Fund to fund the project and authorizing the City Manager, or his designee, to take the necessary steps to implement the provisions of this resolution.
CED; Phillip Soares, 209-577-5258, [email protected] Consent
9. Consider approving the proposed airspace and roadway easements within Tuolumne River Regional Park Gateway parcel (APN: 102-016-003) necessary to construct the 7th Street Bridge Replacement Project. (Funding Source: Not Applicable) Staff Recommendation:
Resolution approving the proposed airspace and roadway easements within Tuolumne River Regional Park Gateway parcel (APN: 102-016-003) necessary to construct the 7th Street Bridge Replacement Project.
CED; John Rawles, 209-577-5253, [email protected]
Consent
10. Consider approving a Cooperative Agreement between the City of Modesto and Stanislaus County for the Airport Neighborhood Active Transportation Connectivity and Safety Project, and approving enhanced infrastructure and associated costs for project development within City jurisdiction. (Funding Source: State funds, County Local Measure L funds)
Staff Recommendation:
Resolution approving a Cooperative Agreement between the City of Modesto and Stanislaus County for the Airport Neighborhood Active Transportation Connectivity and Safety Project, and authorizing the City Manager, or his designee, to execute the Agreement, and approving enhanced infrastructure and - 7 -
5/10/2022 5:30:00 PM
associated costs for project development within City jurisdiction.
CED; Jaylen French, 209-341-2938, [email protected] Consent
11. Consider approving an Agreement with West Yost Associates, Sacramento, CA, for Engineering Services for the Jennings Well Treatment Improvements Project in the amount of $219,300 for the identified scope of services, plus $21,930 in additional services, if needed, for a total amount not to exceed $241,230, and amending the FY 2021/22 Capital Improvement Program Budget in the amount of $245,000. (Funding Source: Wastewater Fund)
Staff Recommendation:
Resolution approving an Agreement with West Yost Associates, Sacramento, CA, for Engineering Services for the Jennings Well Treatment Improvements Project in the amount of $219,300 for the identified scope of services, plus $21,930 in additional services, if needed, for a total amount not to exceed $241,230 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 $245,000 to be transferred into the Project from Wastewater Fund Reserves in order to fully fund the Jennings Well Treatment Improvements Project
UTILITIES; Cristian Ciotau, 209-577-5260, [email protected] Consent
12. Consider approving an Agreement with Brown and Caldwell, Inc., Rancho Cordova, CA, for Construction Support Services for Grayson Well 69 (Replacing Well 274) in the amount of $160,348 for the identified scope of services, plus $16,035 in additional services, if needed, for a total amount not to exceed $176,383. (Funding Source: Water Fund)
Staff Recommendation:
Resolution approving an Agreement with Brown and Caldwell, Inc., Rancho Cordova, CA, for Construction Support Services for Grayson Well 69 (Replacing Well 274) in the amount of $160,348 for the identified scope of services, plus $16,035 in additional services, if needed, for a total not to exceed amount of $176,383 and authorizing the City Manager, or his designee, to execute the Agreement.
UTILITIES; Jesse Franco, 209-571-5175, [email protected]
CITY MANAGER COMMENTS & REPORTS
COUNCIL COMMENTS & REPORTS
UNFINISHED BUSINESS
13. Resolution declaring the City Council’s decision to fill the recent City Council vacancy by election during the November 2022 General Municipal Election when the voters of - 8 -
5/10/2022 5:30:00 PM
District 4 elect a candidate to a new four-year term starting in 2022 and ending in 2026, pursuant to City of Modesto Charter Section 702. (Funding Source: General Fund) Resolution declaring the Council’s decision to fill the recent City Council vacancy by election during the November 2022 General Municipal Election when the voters of District 4 elect a candidate to a new four-year term starting in 2022 and ending in 2026, pursuant to City of Modesto Charter Section 702 .
CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected]
14. Consider accepting the City of Modesto’s Project Homekey 2.0 Grant Award of $1,724,157 for the project located at 112 James Street, approving a loan in an amount up to $200,000 in Permanent Local Housing Allocation (PLHA) Funds for Stanislaus Equity Partners to assist with the aquisition, $50,000 for staff activity, and authorizing the City Manager or his designee to execute the agreements, and amending the Fiscal Year 2021-2022 multi-year fund budget to establish a project for the Homekey 2.0 Program to be funded with HCD Homekey 2.0 Grant funds and PLHA Grant funds. (Funding Source: Homekey 2.0 Funds and Permanent Local Housing Allocation Funds)
Resolution accepting the City of Modesto’s Project Homekey 2.0 Grant Award of $1,724,157 for the project located at 112 James Street, authorizing the City Manager, or his designee, to execute the related agreements. Resolution rescinding Resolution 2022-077 and approves approves a loan to Stanislaus Equity Partners in an amount up to $200,000 in Permanent Local Housing Allocation (PLHA) Funds to assist with the rehabilitation of 112 James Street, $50,000 for staff activity delivery costs, and authorizing the City Manager or his designee to execute the agreements
Resolution rescinding Resolution 2022-078 and 2022-079 and amending the fiscal year 2021-2022 multi-year fund budget to establish a new project for the Homekey 2.0 program to be funded with Homekey 2.0 Grant funds and PLHA Grant funds and authorizing the City Manager or his designee, to take the necessary steps to implement the provisions of this resolution CED; Jessica Hill, 209-577-5321, [email protected]
NEW BUSINESS
15. Consider approving the creation of a pilot program to allow the use of a shared mobility service of stand-up electric scooters in the City of Modesto and issuing a shared mobility (SM) permit to Bird Rides, Inc, with such terms and conditions defined by the operating agreement, and as determined necessary by the City Manager. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution approving the creation of a pilot program to allow the use of a shared mobility service of stand-up electric scooters in the City of Modesto and issuing a shared mobility (SM) permit to Bird Rides, Inc, with such terms and conditions defined by the operating agreement, and as determined necessary by the City Manager, and authorizing the City Manager or designee to execute the Agreement.
- 9 -
5/10/2022 5:30:00 PM
CED; Jaylen French, 209-341-2938, [email protected]
16. Consider accepting funds from the California Water and Wastewater Arrearage Payment Program (CWWAPP) for wastewater arrearage in an amount not to exceed $1,332,915, and approving participation in the California Department of Community Services and Development Low Income Household Water Assistance Program (LIHWAP); and amending the Fiscal Year 2021-22 Operating Program Budget in the amount of $1,332,915 in the Sewer Fund (4210) to recognize grant revenue from the State Water Resource Board – California Water and Wastewater Arrearage Payment Program offsetting delinquent account balances for Sewer Utility Accounts. (Funding Source: Sewer Funds)
Staff Recommendation:
Resolution accepting funds from the California Water and Wastewater Arrearage Payment Program (CWWAPP) for wastewater arrearage in an amount not to exceed $1,332,915 and approving participation in the California Department of Community Services and Development Low Income Household Water Assistance Program (LIHWAP).
Resolution amending the Fiscal Year 2021-22 Operating Program Budget in the amount of $1,332,915 in the Sewer Fund (4210) to recognize grant revenue from the State Water Resource Board – California Water and Wastewater Arrearage Payment Program offsetting delinquent account balances for Sewer Utility Accounts.
FINANCE DEPARTMENT; Jennifer Martin, 209-571-5892, [email protected]
17. Consider and review the Draft Budget as submitted by the City Manager with the Mayor’s Final Budget Modifications and combining the documents into the Proposed Budget for Fiscal Year 2022-23, and noticing a public hearing to be held on June 7, 2022 for Council’s consideration and adoption of the Fiscal Year 2022-23 Proposed Budget and related actions. (Funding Source: All City Funds) Staff Recommendation:
Resolution combining the City Manager’s Draft Budget and the Mayor’s Final Budget Modifications into the Proposed Budget for Fiscal Year 2022-23, and noticing a public hearing to be held on June 7, 2022 for Council’s consideration and adoption of the Fiscal Year 2022-23 Proposed Budget and related actions.
FINANCE DEPARTMENT; Stephan Christensen, 209-577-5390,
[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
- 10 -
5/10/2022 5:30:00 PM
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, MAY 10, 2022 at 4:45 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 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
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 - 11 -
5/10/2022 5:30:00 PM
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