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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 28, 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: Wade Patton, City Ministry Network
City Clerk’s Announcements
Declaration of Conflicts of Interest
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Proclamation proclaiming July as Parks and Recreation Month (Funding Source: Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected]
2. Youth Commission Update and recognition of Youth Commission Formation Advisory Committee Members. (Funding Source: Not Applicable)
PRN; Ashley Weaver, 209-577-5428, [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 June 14, 2022 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving the minutes from the June 14, 2022 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
4. Consider approving a Sixth Amendment to the Legal Services Agreement with Liebert Cassidy Whitmore in the amount of $5,500 for a total Agreement amount not to exceed $493,000, to account for final payment for legal services. (Funding Source: General Liability Insurance Fund)
Staff Recommendation:
Resolution approving a Sixth Amendment to the Legal Services Agreement with Liebert Cassidy Whitmore in the amount of $5,500 for a total Agreement - 5 -
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amount not to exceed $493,000 and authorizing the City Manager or his designee, to execute the Agreement.
CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected] Consent
5. Consider approving submission of a Request for Local Advanced Construction Authorization in the amount of up to $1,200,000 for the Construction Phase of the SR99/Pelandale Interchange - Phase 2 Project. (Funding Source: Local Streets Capital Facilities Fees (CFF))
Staff Recommendation:
Resolution approving submission of a Request for Local Advanced Construction Authorization in the amount of up to $1,200,000 for the Construction Phase of the SR99/Pelandale Interchange - Phase 2 Project, and authorizing the City Manager or his designee, to execute the required documents.
CED; Sandeep Sandhu, 209-577-5294, [email protected] Consent
6. Consider approving the competitive bidding process for various Fleet Replacement Vehicles which includes one (1) Crack Sealer, one (1) Chassis with Equipment, and two (2) Dump Trucks in the amount not to exceed $570,939. (Funding Source: Fleet Replacement Fund)
Staff Recommendation:
Resolution approving the competitive bidding process from Houston-Galveston Area Council of Governments (HGAC) Buy with ThorWorks
Industries/SealMaster, Bakersfield, CA for a Crack Seal for a total amount not to exceed $78,166; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.
Resolution approving the competitive bidding process from Sourcewell (formerly National Joint Powers Alliance) with Interstate Truck Center dba Valley Peterbilt, Turlock, CA for a Peterbilt Class 4-8 Chassis with related equipment for a total amount not to exceed $199,846; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order. Resolution approving the competitive bidding process from Sourcewell (formerly National Joint Powers Alliance) with PB Loader, Fresno, CA for two (2) Dump Trucks for a total amount not to exceed $292,927; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.
FINANCE DEPARTMENT; Cynthia Kline, 209-577-5412, [email protected] Consent
7. Consider approving a Memorandum of Understanding for service between the City of Ceres, the City of Modesto, the Stanislaus Consolidated Fire Protection District (SCFPD), and the City of Turlock for Fire Department Training Services. (Funding Source: General Fund)
Staff Recommendation:
Resolution approving a Memorandum of Understanding for service between the - 6 -
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City of Ceres, the City of Modesto, Stanislaus Consolidated Fire Protection District, and the City of Turlock for Fire Department Training Services and authorizing the City Manager, or his designee, to execute the Agreement.
FIRE DEPARTMENT; Alan Ernst, 209-572-9590, [email protected] Consent
8. Consider accepting the City Manager’s recommendation to award Non-Exclusive, Non-Consensual Franchise Towing Services contracts to 12 applicants and scheduling a Public Hearing to consider the award of contracts. (Funding Source: General Fund, 1610 – MPD Traffic Offender Fund)
Staff Recommendation:
Resolution accepting the City Manager’s recommendation to award NonExclusive, Non-Consensual Franchise Towing Services Contract to twelve applicants; declaring City Council’s intention to consider the applications at the August 9, 2022, City Council meeting; and directing the City Clerk to publish notice of the Hearing in accordance with Modesto Municipal Code Section 11-
2.05 et seq.
POLICE DEPARTMENT; Aaron Tait, 209-572-9500, [email protected] Consent
9. Consider reestablishing and restructuring the City of Modesto Youth Commission, adopting Modesto Youth Commission Bylaws and rescinding Resolution Nos. 74-352, 86-1369 and 89-449. (Funding Source: General Fund – Recreation Operations) Staff Recommendation:
Resolution reestablishing and restructuring the City of Modesto Youth Commission; adopting Modesto Youth Commission Bylaws, and rescinding Resolution Nos. 74-352, 86-1369 and 89-449.
PRN; Laurie Smith, 209-577-5347, [email protected]
Consent
10. Consider approving the Award of Bid for the Purchase and Delivery of Sodium Hypochlorite – Liquid Chlorine to Univar Solutions USA Inc., Kent, WA, for a oneyear Agreement with four one-year extension options, for an estimated annual amount of $100,000 and a total amount not to exceed $661,010 over five years. (Funding Source: Water Fund)
Staff Recommendation:
Resolution approving the Award of Bid for the Purchase and Delivery of Sodium Hypochlorite – Liquid Chlorine to Univar Solutions USA Inc., Kent, WA, for a one-year Agreement with four one-year extension options, for an estimated annual amount of $100,000 and a total amount not to exceed $661,010 over five years and authorizing the City Manager or his designee to execute the Agreement.
UTILITIES; Jeff Daniels, 209-342-4585, [email protected] Consent
11. Consider approving the Sole Source Agreement with Envirogen Technologies, Inc., - 7 -
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Rancho Cucamonga, CA, for Support Services to Well #274 and Well #295 within the Grayson Community Water System, for an estimated annual amount of $150,000 and a total amount not to exceed $879,990 over five years. (Funding Source: Water Fund) Staff Recommendation:
Resolution approving the Sole Source Agreement with Envirogen Technologies, Inc., Rancho Cucamonga, CA, for Support Services to Well #274 and Well #295 within the Grayson Community Water System, for an estimated annual amount of $150,000 and a total amount not to exceed $879,990 over five years, and authorizing the City Manager or his designee to execute the Agreement.
UTILITIES; Jeff Daniels, 209-342-4585, [email protected] Consent
12. Consider rejecting all bids for the La Loma – Phase 2C Strengthen & Replace Water Mains Project and authorizing staff to re-advertise the project for bids at a future date. (Funding Source: Water Fund)
Staff Recommendation:
Resolution rejecting all bids for the La Loma Phase 2C Strengthen & Replace Project and authorizing staff to re-advertise the project for bids at a future date.
UTILITIES; Robert Davalos, 209-571-5175, [email protected]
COUNCIL COMMENTS & REPORTS
CITY MANAGER COMMENTS & REPORTS
HEARINGS
Published in the Modesto Bee on June 17, 2022
13. Hearing to consider approving the Fiscal Year 2022-23 diagram and annual assessment, and ordering the levy and collection of charges within Landscape Maintenance Assessment District No. 1 for Dry Creek Meadows Subdivisions Nos. 1-
6. (Funding Source: Landscape Maintenance Assessment District No. 1) Staff Recommendation:
Resolution approving the Fiscal Year 2022-23 diagram and annual assessment, and ordering the levy and collection of charges within Landscape Maintenance Assessment District No. 1 for Dry Creek Meadows Subdivisions Nos. 1-6.
CED; Jessica Hill, 209-577-5211, [email protected]
Published in the Modesto Bee on June 17, 2022
14. Hearing to consider approving the Fiscal Year 2022-23 diagram and annual assessment and ordering the levy and collection of charges within Landscape Maintenance Assessment District No. 2 for Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision, and Yosemite Meadows Subdivision Units 1 & 2. (Funding Source: Landscape Maintenance Assessment District No. 2) - 8 -
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Staff Recommendation:
Resolution approving the Fiscal Year 2022-23 diagram and annual assessment, and ordering the levy and collection of charges within Landscape Maintenance Assessment District No. 2 for Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision and Yosemite Meadows Subdivision Units 1 & 2.
CED; Jessica Hill, 209-577-5211, [email protected]
Published in the Modesto Bee June 17, 2022.
15. Hearing to consider approving the Fiscal Year 2022-23 diagram and annual assessment, and ordering the levy and collection of charges within the Shackelford Landscape and Lighting District (Funding Source: Shackelford Landscape and Lighting District)
Staff Recommendation:
Resolution approving the Fiscal Year 2022-23 diagram and annual assessment, and ordering the levy and collection of charges within the Shackelford Landscape and Lighting District.
CED; Jessica Hill, 209-577-5321, [email protected]
NEW BUSINESS
16. Consider: (1) Approving a resolution of the Modesto City Council calling an election to be held on November 8, 2022, for voter consideration of a ballot measure seeking voter approval to impose a one-cent transactions and use (sales) tax for general city services; requesting the Board of Supervisors of the County of Stanislaus to consolidate the municipal election with the general election to be held on November 8, 2022; requesting certain services of the Registrar of Voters of Stanislaus County with respect to the consolidated General Municipal Election; and establishing policies and procedures in connection with such an election; and (2) Introduce by title only and waive the first reading of an ordinance adding Article 12 to Chapter 2 of Title 8 of the Modesto Municipal Code imposing a transaction and use tax. (Funding Source:
General Fund)
Staff Recommendation:
Resolution of the Modesto City Council calling an election to be held on November 8, 2022, for voter consideration of a ballot measure seeking voter approval to impose a one-cent transactions and use (sales) tax for general City Services; requesting the Board of Supervisors of the County of Stanislaus to consolidate the municipal election with the general election to be held on November 8, 2022; requesting certain services of the Registrar of Voters of Stanislaus County with respect to the consolidated General Municipal Election; and establishing policies and procedures in connection with such an election. Introduce by title only and waive the first reading of an ordinance adding Article 12 to Chapter 2 of Title 8 of the Modesto Municipal Code imposing a transaction and use tax. (Subject to voter approval)
BUDGET; Steve Christensen, 209-577-5390, [email protected] - 9 -
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17. Consider adopting a Resolution Placing a Measure on the November 8, 2022 General Municipal Election Ballot for Voter Consideration of Amendments to the City Charter; Requesting the Board of Supervisors of the County of Stanislaus to Consolidate the Municipal Election with the General Election to be Held on November 8, 2022, Requesting Certain Services of the Registrar of Voters of Stanislaus County with Respect to the Consolidated General Municipal Election; and Establishing Policies and Procedures in Connection with such an Election. (Funding Source: General Fund) Staff Recommendation:
Resolution Placing a Measure on the November 8, 2022 General Municipal Election Ballot for Voter Consideration of Amendments to the City Charter; Requesting the Board of Supervisors of the County of Stanislaus to Consolidate the Municipal Election with the General Election to be Held on November 8, 2022, Requesting Certain Services of the Registrar of Voters of Stanislaus County with Respect to the Consolidated General Municipal Election; and Establishing Policies and Procedures in Connection with such an Election.
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
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
at by
date time signature