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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, June 07, 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: Jon Apodaca, Good Life
City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Presentation of Proclamation declaring June 2022 as Men's Health Month. (Funding Source: Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected]
2. Presentation of Proclamation declaring June 2022 as Pride Month. (Funding Source:
Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected]
PUBLIC COMMENT PERIOD
Please refer to special public comment instruction 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 May 24, 2022 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving the minutes from the May 24, 2022 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
4. Consider calling for the holding of a Municipal Election to be held on November 8, 2022, requesting the Stanislaus County Board of Supervisors to Consolidate the City of Modesto Municipal Election to be held on November 8, 2022, requesting the services of the Registrar of Voters, Elections Division of the County of Stanislaus to conduct the Election on behalf of the City of Modesto and the Modesto City School Board; and adopting regulations for candidates for elective office pertaining to candidates - 5 -
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statements submitted to the voters at an Election to be held on Tuesday, November 8, 2022. (Funding Source: Election Fund)
Staff Recommendation:
Resolution of the City of Modesto calling for the holding of a Municipal Election to be held on November 8, 2022, requesting from the Stanislaus County Board of Supervisors to Consolidate the City of Modesto Municipal Election to be held on November 8, 2022, requesting the services of the Registrar of Voters, Elections Division of the County of Stanislaus to Conduct the Election on behalf of the City of Modesto and the Modesto City Schools Board.
Resolution adopting Regulations for Candidates for Elective Office Pertaining to Candidates Statements Submitted to the Voters at an Election to be held on Tuesday, November 8, 2022.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
5. Consider receiving the 2022 Local Agency Biennial Notice and directing staff to conduct a review of the City’s Conflict of Interest Code and the filing of a Biennial Notice with the City Clerk regarding such review, as required by the Political Reform Act. (Funding Source: Not Applicable)
Staff Recommendation:
Motion directing staff to make a formal review of the City’s Conflict of Interest Code, pursuant to the Political Reform Act, and if necessary at the appropriate time thereafter, prepare a resolution to be adopted by the City Council to approve any required amendments.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
6. 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 the Fiscal Year 2021-22 Annual Operating and Capital Improvement Project Fund Budgets and authorizing the City Manager, to take the necessary steps to implement the provisions of this resolution.
BUDGET; Steve Christensen, 209-577-5390, [email protected] Consent
7. Consider acknowledging Receipt of Notification of the Annual Inflationary Adjustment for Capital Facilities Fees and Development User Fees Fiscal Year 2022-23. (Funding Source: Capital Facilities Fees and Development User Fees) Staff Recommendation:
Resolution acknowledging Receipt of Notification of the Annual Inflationary Adjustment for Capital Facilities Fees and Development User Fees Fiscal Year 2022-23.
CED; Jessica Hill, 209-577-5321, [email protected]
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Consent
8. Consider approving the updates to the City’s Debt Management Policy. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution approving the updates to the City’s Debt Management Policy.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
Consent
9. Consider accepting the Monthly Investment Report for March 2022. (Funding Source:
Various Funds)
Staff Recommendation:
Motion accepting the Monthly Investment Report for March 2022.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
Consent
10. Consider accepting an informational report for the April 2022 Accounts Payable Payment Register and Void report. (Funding Source: Not Applicable) Staff Recommendation:
Motion accepting an informational report for the April 2022 Accounts Payable Payment Register and Void report.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
Consent
11. Consider accepting an informational report on the January and February 2022 grant applications and awards. (Funding Source: Not Applicable) Staff Recommendation:
Motion accepting an informational report for the January and February 2022 grant applications and awards.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
Consent
12. Consider approving the Fiscal Year 2022-2023 Appropriation Limit, which is an annual spending limit calculation that identifies the maximum amount of appropriations for publicly funded programs. (Funding Source: Not Applicable) Staff Recommendation:
Resolution establishing the appropriation limit for the Fiscal Year 2022-2023 annual budget.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
Consent
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13. Consider approving the First Amendment increasing the Agreement amount with the Public Group aka Public Surplus for the Furnishing of Online Auction Services by $12,000 annually from $18,000 to a revised annual estimated amount of $30,000 and for a revised total amount not to exceed of $114,000 over five years. (Funding Source:
Various Funds)
Staff Recommendation:
Resolution approving the First Amendment increasing the Agreement amount with the Public Group aka Public Surplus for the Furnishing of Online Auction Services by $12,000 annually from $18,000 to a revised amount estimated amount of $30,000 and for a revised total amount not to exceed $114,000 over five years and authorizing the City Manager or his designee to execute the amendment.
FINANCE DEPARTMENT; Cynthia Kline, 209-577-5412, [email protected] Consent
14. Consider approving payment of various Equipment Maintenance Agreements for Fiscal Year 2022-2023 with multiple equipment manufacturers for all City Departments, for an annual cost not to exceed $706,022; and authorizing the City Manager, or his designee to execute Equipment Maintenance Agreements associated with the items in Exhibit B – Fiscal Year 2022-2023 Equipment Maintenance Agreements (more than $50,000). (Funding Source: Various Funds)
Staff Recommendation:
Resolution approving payment of various Equipment Maintenance Agreements for Fiscal Year 2022-2023 with multiple equipment manufacturers for all City Departments, for an annual estimated cost not to exceed $706,022; and authorizing the City Manager, or his designee, to execute Equipment Maintenance Agreements associated with the items in Exhibit B – Fiscal Year 2022-2023 Equipment Maintenance Agreements (more than $50,000).
FINANCE DEPARTMENT; DeAnna Christensen, 209-577-5387,
[email protected]
Consent
15. Consider approving the payment of Hardware and Software Maintenance Support Agreements for Fiscal Year 2022-2023 for an estimated annual cost not to exceed $6,282,787; and Authorizing the City Manager, or his designee to execute routine Renewal Agreements associated with the items in Exhibit B - Hardware/ Software Maintenance Support Agreements for Fiscal Year 2022-2023 (Over $50,000). (Funding Source: Information Technology Fund and Various Funds)
Staff Recommendation:
Resolution approving the payment of Hardware and Software Maintenance Support Agreements for Fiscal Year 2022-2023 for an estimated annual cost not to exceed $6,282,787; and to authorize the City Manager, or his designee to execute routine Renewal Agreements associated with Exhibit B.
IT; Kevin Harless, 209-571-5593, [email protected] Consent
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16. Consider approving the Sole Source Purchase Order with StarChase for 25 Global Positioning System tracking units for law enforcement use for a total cost not to exceed $161,698. (Funding Source: Traffic Safety Fund)
Staff Recommendation:
Resolution approving the Sole Source Purchase Order with StarChase for 25 Global Positioning System tracking units for law enforcement use for a total cost not to exceed $161,698; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.
POLICE DEPARTMENT; Steven Stanfield, 209-572-9500, [email protected] Consent
17. Consider approving an Agreement with National Plant Services, Inc., Hayward, CA, for Pipe Inspection and Assessment Services for the River Trunk Inspection and Assessment Project in the amount of $163,000, plus $16,300 for additional services, if needed, for a total amount not to exceed $179,300 and amending the FY 2021/22 Multi-Year Program Budget in the amount of $189,300. (Funding Source: Wastewater Fund)
Staff Recommendation:
Resolution approving an Agreement with National Plant Services, Inc., Hayward, CA, for Pipe Inspection and Assessment Services for the River Trunk Inspection and Assessment Project in the amount of $163,000 for the identified scope of services, plus $16,300 in additional services, if needed, for a total amount not to exceed $179,300 and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution amending the Fiscal Year 2021/22 Multi-Year Program Budget in the amount of $189,300 to be transferred into the project from Wastewater Fund Reserves in order to fully fund the River Trunk Inspection and Assessment Project.
UTILITIES; Robert Englent, 209-577-6222, [email protected]
COUNCIL COMMENTS & REPORTS
CITY MANAGER COMMENTS & REPORTS
HEARINGS
Published in the Modesto Bee on May 27, 2022
18. Hearing to consider and approve the Final Proposed Fiscal Year 2022-23 Operating and Multi-Year Budget and Capital Improvement Program for the City and related Resolutions. (Funding Source: All City Funds)
Staff Recommendation:
Resolution approving the adoption of the Fiscal Year 2022-23 Annual and Multi-Year Operating Budgets and the 2022-23 Capital Improvement Program for the City of Modesto and the related Inter-Fund Transfers. Resolution approving the Budget Principles, Policy on Workers Compensation - 9 -
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Fund for FY 2022-23, and the Operating Budget Policy as outlined in the Fiscal Year 2022-23 Final Proposed Budget.
Resolution amending the Position Allocation for Fiscal Year 2022-23 as adopted in the Operating Budget.
Resolution amending the Classification Plan for the City of Modesto to create the classification of Police Administrator.
Resolution approving a Leave Bank Purchase option for Modesto City Employees, Modesto Confidential and Management Association, and Modesto Police and Fire Nonsworn Association and authorizing the City Manager or his designee to execute the transactions.
Resolution adopting the Council Unfunded Pension Liability Policy.
BUDGET; Stephan Christensen, 209-577-5390, [email protected]
NEW BUSINESS
19. Consider approving a successor Memorandum of Understanding (MOU) between the City of Modesto and Modesto City Fire Fighters Association (MCFFA) for a term of July 1, 2022 to June 30, 2024; granting salary changes and benefit offerings to nonsworn unrepresented management and confidential employees including charter officers, executives and unrepresented sworn fire employees; and rescinding Resolution Nos. 2020-310 and 2021-346. (Funding Source: General Fund) Staff Recommendation:
Resolution approving a proposed agreement including language changes for a successor Memorandum of Understanding (MOU) between the City of Modesto and Modesto City Fire Fighters Association (MCFFA) for a term of July 1, 2022 to June 30, 2024, authorizing the City Manager to prepare and execute the successor MOU and authorizing the City Manager or his designee to take the necessary administrative action to implement the agreement. Resolution granting salary changes to Unrepresented Sworn Fire Management employees, effective July 22, 2022 and Non-Sworn Unrepresented Management and Confidential employees including Charter Officers and Executives, effective November 26, 2019; rescinding Resolution No. 2020-310, and authorizing the City Manager or his designee to take the necessary administrative action to implement the changes.
Resolution updating benefit offerings for Unrepresented Sworn Fire Management and Non-Sworn Management and Confidential employees, including Charter Officers and Executives; rescinding Resolution No. 2021-346 and authorizing the City Manager or his designee to take the necessary administrative action to implement the changes.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [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.
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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, JUNE 7, 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
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Pursuant to Section 54957 of the Government Code)
Title: City Attorney
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: Cherry v. City of Modesto
Case No. 1:18-CV-01268
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
at by
date time signature