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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, August 09, 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.
“Wordly” can translate into 25+ different languages! To access written translation during the meeting, please scan the QR Code or click this link https://attend.wordly.ai/join/RJDY-6364.
"Wordly" puede traducir a más de 25 idiomas diferentes! Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace https://attend.wordly.ai/join/RJDY-6364.
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.
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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 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.
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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 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: Cindy Fraze, The Church of Jesus Christ of Latter Day Saints City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Stanislaus County Update (Funding Source: Not Applicable) CITY MANAGER; Joseph Lopez, 209-577-5223, [email protected]
2. Presentation of Proclamation recognizing Assyrian Martyrs Remembrance Day (Funding Source: Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected]
3. Presentation of Certificates of Recognition to members of the Forward Together Workgroup. (Funding Source: Not Applicable)
CITY MANAGER; Allison Van Guilder, 209-577-5223, [email protected]
MISCELLANEOUS
Legislation, Appointments, Other
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4. Consider approving the appointment of Omar Silva to the Housing Rehabilitation Loan Committee with a term expiration of January 1, 2024. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution approving the appointment of Omar Silva to the Housing Rehabilitation Loan Committee (HRLC) as the Citizen’s Housing and Community Development Committee (CH&CDC) representative with a term expiration of January 1, 2024.
CED; Jessica Hill, 209-577-5321, [email protected]
5. Consider reappointing Mary Ramirez to the Housing Rehabilitation Loan Committee, with a term expiration of December 31, 2025. (Funding Source: Not Applicable) Staff Recommendation:
Resolution reappointing Mary Ramirez to the City of Modesto Housing Rehabilitation Loan Committee, with a term expiration of December 31, 2025.
CED; Jessica Hill, 209-577-5321, [email protected]
6. Consider recommending appointments to fill six vacancies on the Equity Commission for a four-year term. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution approving the appointments of Stacey Sottero, Lisa Battista, Maya Ramirez, Gabriella Fierro, A’Kia Walker, and Mayra Martinez to the Equity Commission with a term expiration of August 1, 2026.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected]
PUBLIC COMMENT PERIOD
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 - 5 -
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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
7. Consider approving the minutes from the July 12, 2022 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving the minutes from the July 12, 2022 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
8. 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
9. Consider approving a First Amendment to the Agreement with Brenda Davis Law Group to provide cannabis equity consulting services for the development of a Cannabis Equity Program, increasing the Agreement amount by $49,050 from $40,000 to a new total of $89,050. (Funding Source: GO-Biz Cannabis Equity Grant Funds and General Fund)
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Staff Recommendation:
Resolution approving a First Amendment to the Agreement with Brenda Davis Law Group to provide cannabis equity consulting services for the development of a Cannabis Equity Program, increasing the Agreement amount by $49,050 from $40,000 to a total of $89,050 and authorizing the City Manager, or his designee, to execute the amendment.
CED; Jorge Barrera, 209-571-5179, [email protected] Consent
10. Consider accepting the Monthly Investment Report for May 2022. (Funding Source:
Various Funds)
Staff Recommendation:
Motion accepting the Monthly Investment Report for May 2022.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
Consent
11. Consider approving the Award of Proposal and Agreements to Public Financial Management (PFM) Financial Advisors LLC, San Francisco, California, for Municipal Advisory Services and PFM Swap Advisors LLC, San Francisco, California, for Annual Derivative Valuation Report for two years with three one-year extension options at a combined estimated annual amount of $150,000 and a total combined amount not to exceed $750,000 over the five years. (Funding Source: General Fund, Redevelopment Successor Agency, Water, Wastewater, and Golf Fund) Staff Recommendation:
Resolution approving the Award of Proposal and Agreements to Public Financial Management (PFM) Financial Advisors LLC, San Francisco, California, for Municipal Advisory Services and PFM Swap Advisors LLC, San Francisco, California, for Annual Derivative Valuation Report for two years with three one-year extension options at a combined estimated annual amount of $150,000 and a total combined amount not to exceed $750,000 over the five years and authorizing the City Manager or his designee to execute the Agreement.
FINANCE DEPARTMENT; Cynthia Kline, 209-577-5412, [email protected] Consent
12. Consider accepting an informational report for the June 2022 Accounts Payable Payment Register and Void report. (Funding Source: Not Applicable) Staff Recommendation:
Motion accepting an informational report for the June 2022 Accounts Payable Payment Register and Void report.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
Consent
13. Consider approving a second cell tower lease amendment to the site lease Agreement - 7 -
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with New Cingular Wireless PCS, LLC, extending the maximum term of the Agreement through August 31, 2047. (Funding Source: Cell Tower Facility Rental Revenue)
Staff Recommendation:
Resolution approving a second cell tower lease amendment to the site lease Agreement with New Cingular Wireless PCS, LLC, extending the maximum term of the Agreement through August 31, 2047 and authorizing the City Manager, or his designee to execute the Agreement
PRN; Nathan Houx, 209-571-5526, [email protected]
Consent
14. Consider approving the Initial Study/Mitigated Negative Declaration (IS/MND) for the Riverdale Park Tract Community Services District Water System Consolidation Project in accordance with the California Environmental Quality Act (CEQA), and making certain findings concerning the environmental impacts and mitigation measures, approving a Mitigation Monitoring and Reporting Program, in connection with the Riverdale Park Tract Community Services District Water System Consolidation Project contemplated by the IS/MND, directing staff to file a Notice of Determination for the IS/MND. (Funding Source: Water Fund)
Staff Recommendation:
Resolution approving the Initial Study/Mitigated Negative Declaration for the Riverdale Park Tract Community Services District Water System Consolidation Project in accordance with the California Environmental Quality Act and making certain findings concerning the environmental impacts and mitigation measures, approving a Mitigation Monitoring and Reporting Program and directing staff to file a Notice of Determination.
UTILITIES; Jim Alves, 209-571-5557, [email protected] Consent
15. Consider accepting the Scenic Drive Pavement Rehabilitation Phase I project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $1,248,560 to George Reed, Inc., of Modesto, CA. (Funding Source: Local Control Measure L Funds) Staff Recommendation:
Resolution accepting the Scenic Drive Pavement Rehabilitation Phase I project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $1,248,560 to George Reed, Inc., CA.
UTILITIES; Pete Kambel, 209-577-5444, [email protected] Consent
16. Consider approving the First Amendment with Grover Landscape Services, Inc., Modesto, CA for the Furnishing of Landscape Maintenance, Weed Abatement, Trash Removal and Rodent Control Services, and increasing the annual amount by $15,000 from $155,000, to a new estimated annual amount of $170,000 for Year 3 and including a 10% CPI increase for Years 4 and 5 for a new total amount not to exceed - 8 -
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$872,700 over five years. (Funding Source: Sewer and Storm Drain Funds and Various Community Facility Districts (CFD) Funds)
Staff Recommendation:
Resolution approving the First Amendment with Grover Landscape Services, Inc., Modesto, CA for the Furnishing of Landscape Maintenance, Weed Abatement, Trash Removal and Rodent Control Services, and increasing the annual amount by $15,000 from $155,000, to a new estimated annual amount of $170,000 for Year 3 and including a 10% CPI increase for Years 4 and 5 for a new total amount not to exceed $872,700 over five years and authorizing the City Manager or his designee, to execute the amendment.
UTILITIES; Robert Englent, 209-577-6222, [email protected]
COUNCIL COMMENTS & REPORTS
CITY MANAGER COMMENTS & REPORTS
UNFINISHED BUSINESS
17. Consider approving a Memorandum of Understanding with the Downtown Streets Team (DST) program in collaboration with the County of Stanislaus Community Services Agency, and approving an annual contribution in an amount not to exceed $700,000, for a total amount of $2,100,000 throughout the three year term. (Funding Source: Litter Abatement Fund, Community Development Block Grants, American Rescue Plan Act Funds)
Resolution approving a Memorandum of Understanding with the Downtown Streets Team (DST) program in collaboration with the County of Stanislaus Community Services Agency, and approving an annual contribution in an amount not to exceed $700,000, for a total amount of $2,100,000 throughout the three year term, to assist the City of Modesto in addressing homelessness, and authorizing the City Manager or his designee execute the Agreement. Resolution amending the fiscal year 2022-2023 multi-year fund budget to establish applicable revenue, expense and transfer budgets for the Downtown Streets Team Memorandum of Understanding to be funded with American Rescue Plan Act (ARPA) funds and Community Development Block Grant (CDBG) funds and Litter Abatement 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]
HEARINGS
Published in the Modesto Bee on July 20, 2022
18. Hearing to consider a City-initiated rezone from Low Density Residential (R-1) Zone and Commercial-Industrial (C-M) Zone to Planned Development Zone P-D(615) for - 9 -
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property located at 1601 and 1625 McHenry Ave, and a rezone from CommercialIndustrial (C-M) Zone to General Commercial (C-2) Zone for property located at 1707 McHenry Avenue. (Funding Source: General Fund)
Staff Recommendation:
Motion introducing and waiving the first reading of an Ordinance amending Section 17-3-9 of the zoning map to rezone from Low-Density Residential Zone, R-1, and Commercial Industrial Zone, C-M, to Planned Development Zone, P-D(615), for property located at 1601 and 1625 McHenry Avenue (City initiated).
Motion introducing and waiving the first reading of an Ordinance amending the Zoning Map to rezone property located at 1707 McHenry Ave from Commercial-Industrial Zone to General Commercial Zone.
Resolution finding that the rezones from C-M and R-1 to P-D(615) for property located at 1601 McHenry Avenue, 1625 McHenry Avenue, and the property to the rear of 1625 McHenry Avenue, and from C-M to C-2 for the property located at 1707 McHenry Avenue, are within the scope of the Modesto Urban Area General Plan Master Environmental Impact Report (SCH NO. 2014042081).
CED; Katharine Martin, 209-577-5267, [email protected] Published in the Modesto Bee on July 3, 2022
19. Hearing to consider awarding Non-Exclusive, Non-Consensual Franchise Towing Services Agreements to 12 applicants pursuant to the Modesto Municipal Code. (Funding Source: General Fund, 1610 – MPD Traffic Offender Fund) Staff Recommendation:
Resolution awarding Non-Exclusive, Non-Consensual Franchise Towing Service Agreements to twelve towing companies pursuant to Modesto Municipal Code Section 11-2, and authorizing the City Manager, or his designee, to execute the Agreements.
POLICE DEPARTMENT; Aaron Tait, 209-572-9500, [email protected] Published in the Modesto Bee on July 13, 2022
20. Hearing to consider the application and issuance of a permit to operate as a nonemergency medical transport company to MacIntosh Transport LLC in the City of Modesto. (Funding Source: General Fund)
Staff Recommendation:
Resolution accepting the application of MacIntosh Transport LLC issuing this entity a permit to operate as a non-emergency medical transport company in the City of Modesto.
POLICE DEPARTMENT; Brandon Gillespie, 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 - 10 -
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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
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, AUGUST 9, 2022 at 4:00 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 REAL PROPERTY NEGOTIATORS:
(Pursuant to Section 54956.8 of the Government Code)
Property & Property Owners:
APN Address Owner Name
007-024-003, 3643 Maze Bl., Modesto Nita M. Wagner, as Trustee of the 007-024-004 & Nita M. Wagner Living Trust;
007-037-010 Jane M. Roos & Ralph E. Roos;
John Schallberger & Marie
Schallberger, Trustees, of the
Revocable Trust Dated November
3, 1992; Hans J. Wagner & Carla
Wagner; Donald Wagner; Julia A.
Wagner, as Trustee of the Julia A.
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Wagner 1992 Trust, as their
interests appear of record;
Hans J. Wagner, III, Trustee of the
Hans J. Wagner III 2015 Trust
Negotiating Parties:
City Negotiators: James Staudinger, CPSI
Property Owners
Under Negotiation: Price and Terms
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Two Cases (Pursuant to Section 54956.9(a) of the Government Code) Name of case(s): Manuel Ramirez v. City of Modesto
California Workers Compensation Appeals Board
Nos. ADJ1697422, ADJ11027135, ADJ11299237
Greg Ewert v. City of Modesto
California Workers Compensation Appeals Board
Nos. ADJ7834384, ADJ12420861, ADJ12658697, ADJ12451095
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Two Cases (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: Martinez v. City of Modesto
Case No. 19-006820
Chipponeri v. City of Modesto
Case No. 2028661
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
at by
date time signature