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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, September 27, 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 Marks, Pray Modesto
City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Presentention of Certificates of Recognition honoring the heroism of Daniel Cabral, Gil Espinoza, Jesus Garcia, and Shannon Wiggins. (Funding Source: Not Applicable) CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected]
2. Presentation of Proclamation to Phillips Lighting recognizing their 75th anniversary. (Funding Source: Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected]
3. 2022 Achievement of Excellence in Procurement Award by National Procurement Institute. (Funding Source: Not Applicable)
FINANCE; DeAnna Christensen, 209-577-5387, [email protected] - 4 -
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MISCELLANEOUS
Appointments
4. Consider reappointing Craig Lewis to the Stanislaus Council of Governments (StanCOG) Measure L Citizens Oversight Committee. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution reappointing Craig Lewis to the StanCOG Measure L Citizens Oversight Committee, with a term expiration of September 30, 2025.
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [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
5. Consider approving the minutes from the September 13, 2022 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving the minutes from the September 13, 2022 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
6. Consider approving final adoption of Ordinance 3749-C.S. amending section 12-
4.202(b)(2) of Article 2 to Chapter 4 of Title 12 of the Modesto Municipal Code relating to use of Park and Recreation areas and facilities to authorize the Director of Parks, Recreation and Neighborhoods to set hours of operations for all parks, trails, green space, and recreation facilities. (Funding Source: Not Applicable) Staff Recommendation:
Motion approving final adoption of Ordinance 3749-C.S. amending section 12-
4.202(b)(2) of Article 2 to Chapter 4 of Title 12 of the Modesto Municipal Code relating to use of Park and Recreation areas and facilities to authorize the Director of Parks, Recreation and Neighborhoods to set hours of operations for all parks, trails, green space, and recreation facilities.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
7. Consider an Operating Agreement, in coordination with Stanislaus County, for a Digital Freeway Billboard at 1027 Emerald Avenue, in County jurisdiction. (Funding Source: Application Fee)
Staff Recommendation:
Resolution approving an Operating Agreement with Outfront Media LLC, for the installation of a Digital Freeway Billboard on property located at 1027 Emerald Avenue; and authorizing the City Manager, or his designee, to execute the Agreement.
CED; Paul Liu, 209-577-5282, Paul Liu
Consent
8. Consider authorizing submittal of Highway Safety Improvement Program Grant applications. (Funding Source: California Department of Transportation Grant Funds) - 6 -
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Staff Recommendation:
Resolution authorizing submittal of grant applications to seek grant funding for Highway Safety Improvement Program (HSIP) funds.
CED; Phillip Soares, 209-577-5258, [email protected] Consent
9. Consider approving an On-Call Rental Services Agreement with N & S Tractor, Turlock, California, for one-year with a one-year extension option, for an annual estimated amount of $75,000 and a total amount not to exceed $150,000 over two years. (Funding Source: Various Funds)
Staff Recommendation:
Resolution approving an On-Call Rental Services Agreement with N & S Tractor, Turlock, California, for one-year with a one-year extension option, for an annual estimated amount of $75,000 and a total amount not to exceed $150,000 over two years; and authorizing the City Manager or his designee to execute the Agreement.
FINANCE DEPARTMENT; Cynthia Kline, 209-577-5412, [email protected] Consent
10. Consider approving an Agreement with O’Dell Engineering Inc. to prepare the Tuolumne River Regional Park (TRRP) Master Plan Update for an amount of $268,641, plus $32,237 for additional services, if needed, for an Agreement total not to exceed $300,878. (Funding Source: American Rescue Plan Act (ARPA) / TRRP - Special Revenue Fund and JPA-TRRP Special Revenue Fund-CIP) Staff Recommendation:
Resolution approving an Agreement with O’Dell Engineering Inc. to prepare the Tuolumne River Regional Park (TRRP) Master Plan Update for an amount of $268,641, plus $32,237 for additional services, if needed, for an agreement total not to exceed $300,878 and authorizing the City Manager, or his designee to execute the Agreement.
PRN; Nathan Houx, 209-571-5526, [email protected]
Consent
11. Consider approving the competitive bidding process from National Purchasing Partners (NPPGov), League of Oregon Cities, with Park Associates, Inc. DBA Park Planet for the Purchase and Delivery of a Sensory Wall for The Awesome Spot Playground at Beyer Community Park, for a cost not to exceed $172,400. (Funding Source: American Rescue Plan Act Funding)
Staff Recommendation:
Resolution approving the competitive bidding process from National Purchasing Partners (NPPGov), League of Oregon Cities, with Park Associates, Inc. DBA Park Planet for the Purchase and Delivery of a Sensory Wall for The Awesome Spot Playground at Beyer Community Park, for a cost not to exceed $172,400; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.
PRN; Nathan Houx, 209-571-5526, [email protected]
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Consent
12. Consider authorizing payments not to exceed $160,000 to Belfor Property Restoration, Modesto, CA and other vendors for emergency work related to the American Legion Hall fire remediation. (Funding Source: JPA TRRP Special Revenue Fund – CIP and Future Insurance Proceeds)
Staff Recommendation:
Resolution authorizing payments not to exceed $160,000 to Belfor Property Restoration, Modesto, CA and other vendors for emergency work related to the American Legion Hall fire remediation; and authorizing the Purchasing Manager, or her designee, to issue the payments.
PRN; Nathan Houx, 209-571-5526, [email protected]
Consent
13. Consider approving a Third Amendment to the Agreement with Willdan, Inc., for Traffic Engineering Services increasing the amount by $15,000 from $255,000 to a new total amount of $270,000. (Funding Source: Various Funds) Staff Recommendation:
Resolution approving a Third Amendment to the Agreement with Willdan, Inc., for Traffic Engineering Services increasing the amount by $15,000 from $255,000 to a new total amount of $270,000, and authorizing the City Manager, or his designee, to execute the amendment.
PUBLIC WORKS; Scott Collins, 209-577-5431, [email protected] Consent
14. Consider approving the plans and specifications for the Retroreflective Backplates and Striping Project, accepting the bid, and awarding a contract to Tennyson Electric, Inc. of Livermore, CA, in the amount of $566,317, and amending the Fiscal Year 2022-23 Capital Improvement Program budget in the amount of $305,000. (Funding Source:
Highway Safety Improvement Program, Surface Transportation Block Grant, and Surface Transportation Fund)
Staff Recommendation:
Resolution approving the plans and specifications for the Retroreflective Backplates and Striping Project, accepting the bid, and awarding a contract to Tennyson Electric, Inc. of Livermore, CA, in the amount of $566,317, and authorizing the City Manager, or his designee, to execute the Agreement. Resolution amending the Fiscal Year 2022-23 Capital Improvement Program (CIP) Budget, Project #101188 in the amount of $305,000, to fund the Retroreflective Backplates and Striping Project and authorizing the City Manager, or his designee, to take the necessary steps to implement the provisions of this Resolution.
PUBLIC WORKS; Scott Collins, 209-577-5431, [email protected] Consent
15. Consider accepting the 2018-2019 Sewer Replacement project at Covena Avenue and Sutter Avenue & Nian Way Intersection as complete, authorizing all necessary steps to - 8 -
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file with the County Recorder, releasing securities, and releasing payments totaling $370,189 to Rolfe Construction Company Inc, of Atwater, CA. (Funding Source:
Wastewater Fund)
Staff Recommendation:
Resolution accepting the 2018-2019 Sewer Replacement Project Covena Avenue and Sutter Avenue & Nian Way Intersection as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $370,189 to Rolfe Construction, Atwater, CA.
UTILITIES; Pete Kambel, 209-577-5444, [email protected] Consent
16. Consider approving a Wastewater Rate Adjustment for the dumping of septage waste. (Funding Source: Wastewater Fund)
Staff Recommendation:
Resolution approving a Wastewater Rate Adjustment for Septage Waste Disposal from the current rate of $69.35 per 1,000 gallons of waste to $74.52 beginning in Fiscal Year 2022-23 and subsequently increasing 3.5% each year through Fiscal Year 2026-27 in accordance with Proposition 218.
UTILITIES; William Wong, 209-571-5801, [email protected]
COUNCIL COMMENTS & REPORTS
CITY MANAGER COMMENTS & REPORTS
HEARINGS
Published in the Modesto Bee on August 22, 2022
17. Hearing to consider approving the City of Modesto’s Consolidated Annual Performance Evaluation Report for Program Year 2021-2022. (Funding Source:
Community Development Block Grant, Emergency Solutions Grant, Community Development Block Grant - CV, Emergency Solutions Grant - CV and HOME Investment Partnerships funds)
Staff Recommendation:
Resolution approving the City of Modesto’s Consolidated Annual Performance Evaluation Report for Program Year 2021-2022 and authorizing the City Manager, or his designee, to sign the required documents for submittal to the U.S. Department of Housing and Urban Development.
CED; Jessica Hill, 209-577-5321, [email protected]
Published in the Modesto Bee on September 16, 2022.
18. Hearing to consider adopting an Ordinance repealing and replacing Section 10-3.505 of Article 3 of Title 10 of the City of Modesto Municipal Code and amending the Title of Section 10-3.506 of Article 3 of Title 10 related to termination of non-conforming uses. (Funding Source: General Fund)
Staff Recommendation:
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Motion introducing and waiving the first reading of an Ordinance repealing and replacing Section 10-3.505 of Article 3 of Title 10 of the City of Modesto Municipal Code and amending the Title of Section 10-3.506 of Article 3 of Title 10 of the Modesto Municipal Code.
CED; Paul Liu, 209-577-5267, [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
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CLOSED SESSION
OFFICE OF THE CITY CLERK
NOTICE OF SPECIAL MEETING
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, September 27, 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 LEGAL COUNSEL - EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(a) of the Government Code) Name of case(s): Mike Hoesch v. City of Modesto
California Workers Compensation Appeals Board
Nos. ADJ11304476, ADJ93185879, ADJ8580687
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: Brittoni Estrella, et al. v. City of Modesto et al.
United States Eastern District
Case No.: 1:22-cv-00921
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
at by
date time signature