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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, October 25, 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
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Stanislaus County Update (Funding Source: Not Applicable) CITY MANAGER; Joseph Lopez, 209-577-5223, [email protected]
2. Proclamation declaring November 2022 as Lung Cancer Awareness Month (Funding Source: Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected]
MISCELLANEOUS
Appointments
3. Consider approving the Appointments Committee recommendations to fill two City of Modesto vacancies on the Blight Abatement Advisory Committee for a four-year term. (Funding Source: Not Applicable)
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Staff Recommendation:
Resolution approving the appointment of Bryan Marks and Frank Ploof to the Blight Abatement Advisory Committee to serve a four-year term beginning November 1, 2022 through October 13, 2026.
CITY MANAGER; Scotty Douglass, 209-577-9149, [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 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.
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CONSENT
An item may be removed from consent and discussed at the request of an audience member or Councilmember.
Consent
4. Consider approving the minutes from the October 11, 2022 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving the minutes from the October 11, 2022 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
5. Consider approving a Homeowner Rehabilitation Loan in the amount of $80,251 and a Homeowner Rehabilitation Grant in the amount of $10,000 for a total project cost of $90,251 to Christopher and Stacey Gates for health and safety repairs to the residential property located at 1125 Springcreek Drive, Modesto, CA 95355. (Funding Source:
Community Development Block Grant Funds)
Staff Recommendation:
Resolution approving a Homeowner Rehabilitation Loan in the amount of $80,251 and a Homeowner Rehabilitation Grant in the amount of $10,000 to Christopher and Stacey Gates for health and safety repairs to the residential property located at 1125 Springcreek Drive, Modesto, CA 95355 and authorizing the City Manager to execute the Agreements.
CED; Jessica Hill, 209-577-5321, [email protected]
Consent
6. Consider approving a Will Serve Letter and Outside Service Agreement for Sewer Service for the property located at 2117 Parr Avenue (APN: 081-022-020). (Funding Source: Sewer Fund, General Fund)
Staff Recommendation:
Resolution approving a Will Serve Letter and Outside Service Agreement for Sewer Service for the property located at 2117 Parr Avenue in Modesto (APN:
081-022-020), and authorizing the City Manager, or his designee, to sign the Will Serve Letter and execute the Outside Service Agreement.
CED; Toby Wells, 209-571-5542, [email protected]
Consent
7. Consider approving a one-time purchase for five Hayward Gordon Pumps from Hayward Gordon Group, Ontario, Canada, for an amount not to exceed of $135,278. (Funding Source: Wastewater Fund)
Staff Recommendation:
Resolution approving a one-time purchase for five Hayward Gordon Pumps from Hayward Gordon Group, Ontario, Canada, for an amount not to exceed of $135,278, and authorizing the Director of Finance, or her designee to execute the Purchase Order.
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FINANCE DEPARTMENT; Cynthia Kline, 209-577-5412, [email protected] Consent
8. Consider approving the Award of Proposal and Agreement for the Furnishing of External Auditing Services to Vasquez and Company LLC, Glendale, California, for a three year Agreement with two one-year extension options, for an estimated annual cost of $142,228, and over five years of $715,000. (Funding Source: General Fund, Housing Urban Development Funds, Utility Funds, Community Facility Districts, and Ceres-Modesto Industrial Fire District)
Staff Recommendation:
Resolution approving the Award of Proposal and Agreement for the Furnishing of External Auditing Services to Vasquez and Company LLC, Glendale, California, for a three-year Agreement with two one-year extension options, for an estimated annual cost of $142,228, and over five years of $715,000; and authorizing the City Manager or his designee to execute the Agreement.
FINANCE DEPARTMENT; Cynthia Kline, 209-577-58412, [email protected] Consent
9. Consider approving an Agreement with Nutrien Ag Solutions, Sacramento, CA, for Weed Abatement Chemical Premix known as (Aqumix Proprietary Custom Pre-blend) for a total amount not to exceed $350,000 over five years. (Funding Source:
Wastewater and Water Fund)
Staff Recommendation:
Resolution approving the Sole Source Purchase Agreement with Nutrien Ag Solutions, Sacramento, CA, for Weed Abatement Chemical Premix known as (Aqumix Proprietary Custom Pre-blend) for a one-year Agreement with four one-year extension options, for an annual estimated amount of $70,000, and a total amount not to exceed $350,000 over five years and authorizing the Director of Finance, or her designee to execute the Purchase Agreement.
FINANCE DEPARTMENT; Cynthia Kline, 209-577-5412, [email protected] Consent
10. Consider accepting an informational report on the May and June 2022 grant applications and awards. (Funding Source: Not Applicable) Staff Recommendation:
Motion accepting an informational report for the May and June 2022 grant applications and awards.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
Consent
11. Consider accepting the Fiscal Year 2022-2023 Cal Fire Rural Fire Capacity (RFC) Program Grant Award in the amount of $39,800, which includes a 50% local match, for the procurement of Wildland Firefighting Equipment. (Funding Source: General Fund)
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Staff Recommendation:
Resolution accepting the Fiscal Year 2022-2023 Cal Fire Rural Fire Capacity (RFC) Program Grant Award in the amount of $39,800, which includes a 50% local match, for the procurement of Wildland Firefighting Equipment.
FIRE DEPARTMENT; Alan Ernst, 209-572-9590, [email protected] Consent
12. Consider approval of a Sole Source Renewal Agreement with CivicPlus for continued, uninterrupted hosting and maintenance of the City’s website for a four-year term for a total amount not to exceed $164,285. (Funding Source: Information Technology Fund) Staff Recommendation:
Resolution approving the Sole Source Agreement with CivicPlus for the continued, uninterrupted hosting and maintenance of the City of Modesto’s website (www.modestogov.com) for a four-year term at an amount of $149,350 plus a 10% contingency in the amount of $14,935 for a total amount not to exceed $164,285; and authorizing the City Manager, or his designee, to execute the Agreement.
IT; Scott Conn, 209-577-5229, [email protected]
Consent
13. Consider accepting the Del Rio Tank No. 14, Well No. 68, and Pump Station Project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $10,203,691 to Mountain Cascade, Inc., of Livermore, CA. (Funding Source: Water Fund-CIP)
Staff Recommendation:
Resolution accepting the Del Rio Tank No. 14, Well No. 68, and Pump Station Project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $10,203,691 to Mountain Cascade, Inc., Livermore, CA.
UTILITIES; Pete Kambel, 209-577-5444, [email protected] Consent
14. Consider approving an increase in the Director’s authority to issue Change Orders from 21% ($25,000) to 27% ($32,823) of the original construction contract price of $121,750; accepting the Rebid Fire Station 5 Kitchen Remodel Project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $154,573 to O.K. Construction, of Antelope, CA. (Funding Source: General Fund)
Staff Recommendation:
Resolution accepting the Rebid Fire Station 5 Kitchen Remodel Project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $154,573 to O.K.
Construction, Antelope, CA.
Resolution authorizing an increase to the Director of Utilities authority for Change Orders for the Rebid Fire Station 5 Kitchen Remodel Project to the total amount of $32,823 (27% of the original contract price). - 8 -
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UTILITIES; Pete Kambel, 209-577-5444, [email protected] Consent
15. Consider approving a First Amendment to the Agreement with Bartle Wells Associates, Berkeley, CA, for the Wastewater Rate Study & Proposition 218 Assistance in the amount of $29,900, for an amended total amount not to exceed $149,175. (Funding Source: Wastewater Fund)
Staff Recommendation:
Resolution approving a First Amendment to the Agreement with Bartle Wells Associates, Berkeley, CA, for the preparation of the Wastewater Rate Study & Proposition 218 Assistance in the amount of $29,900, for a revised total amount not to exceed $149,175, and authorizing the City Manager, or his designee, to execute the Agreement.
UTILITIES; William Wong, 209-571-5801, [email protected]
COUNCIL COMMENTS & REPORTS
CITY MANAGER COMMENTS & REPORTS
HEARINGS
Published in the Modesto Bee on September 25, 2022
16. Hearing to consider the relocation request of retail dispensary Doctor’s Choice from 2039 Yosemite Boulevard to 121 Phoenix Ave and granting a residential proximity waiver. (Funding Source: Cannabis Permit Application and Annual Permit Fees) Staff Recommendation:
Resolution approving the relocation of Type 10 Business Permit Relocation Request Doctor’s Choice Dispensary from 2039 Yosemite Avenue to 121 Phoenix Avenue, Modesto, CA 95350, and granting a residential proximity waiver.
CED; Sean Rando, 209-577-5473, [email protected]
NEW BUSINESS
17. Consider awarding Stanislaus Regional Housing Authority Loans and Grants in the total amount not to exceed $3,226,604 for the development of the Vine Street Affordable Housing Project including Vine Street Improvements and $100,000 for staff activity delivery costs. (Funding Source: Permanent Local Housing Allocation, HOME Investment Partnership, HOME Investment Partnership CHDO Set-Aside, and Community Development Block Grant Funds)
Staff Recommendation:
Resolution approving the Award of Loans and Grants to Stanislaus Regional Housing Authority with Great Housing Development Corporation as developer in the total amount not to exceed $3,226,604 for the development of the Vine Street Affordable Housing Project including the Vine Street Road Improvements and $100,000 for staff activity delivery costs and authorizing the - 9 -
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City Manager or designee to execute Agreements.
Resolution amending the Fiscal Year 2022-2023 multi-year fund budget (101193) to increase the budget of the Vine Street Project Fund (101185) with Community Development Block Grant (CDBG) Funds, Home Investment Partnership Funds (HOME) Home Community Housing Development Organizations (CHDO) Set Aide and Permanent Local Housing Allocation (PLHA) for development of the Vine Street Affordable Housing Project totaling $3,226,604 and an additional $100,000 budgeted for activity delivery costs and budgeting the necessary transfers and authorizing the City Manager or his designee to take the necessary steps to implement the provisions in this Resolution.
CED; Jessica Hill, 209-577-5321, [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
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