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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, November 01, 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: Shalom Bochner, Congregation Beth Shalom
City Clerk’s Announcements
Declaration of Conflicts of Interest
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Proclamation recognizing November 11th as Veterans Day. (Funding Source: Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected]
2. Proclamation declaring November 26, 2022 as Small Business Saturday. (Funding Source: Not Applicable)
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.
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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.
CONSENT
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 October 25, 2022 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving the Minutes from the October 25, 2022 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] - 5 -
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Consent
4. 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
5. Consider approving a Community Benefit Agreement between City of Modesto and Center for Human Services for the purpose of providing the Community Benefit Payment on behalf of Canopy Growth USA, LLC. (Funding Source: Cannabis Community Benefit)
Staff Recommendation:
Resolution approving a Community Benefit Agreement between City of Modesto and Center for Human Services for the purpose of providing the Community Benefit Payment on behalf of Canopy Growth USA, LLC authorizing the City Manager or his designee, to execute the Agreement. Resolution amending the Fiscal Year 2022-2023 multi-year fund budget to establish applicable revenue, expense and transfer budgets for the Community Benefit Payment to Center for Human Services on behalf of Canopy Growth USA, LLC to be funded with Cannabis Community Benefit 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]
Consent
6. Consider accepting the Economic Development Initiative (EDI), Community Project Funding and awarding Downtown Streets Team (DST) a grant of $400,000 to support the permanent housing component of Camp2Home. (Funding Source: Economic Development Initiative, Community Project Funding award) Staff Recommendation:
Resolution accepting the Economic Development Initiative, Community Project Funding, and awarding Downtown Streets Team a grant of $400,000 to support the permanent housing component of Camp2Home, and designating the City Manager, or his designee, to negotiate, and execute any related program Agreements, contracts or other documentation required for implementation. Resolution amending the Fiscal Year 2022-2023 multi-year fund budget to establish applicable revenue, expense, and transfer budgets for the Economic Development Initiative Community Project Funding Award 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]
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Consent
7. Consider approving an Agreement with Michael Baker International for the development of the 6th Cycle General Plan Housing Element Update, in an amount not to exceed $349,790. (Funding Source: Local Early Action Planning (LEAP) Grant, SB2 Planning Grant)
Staff Recommendation:
Resolution approving the Agreement with Michael Baker International for the development of the 6th Cycle General Plan Housing Element Update, for an amount not to exceed $349,790 and authorizing the City Manager, or his designee, to execute the Agreement.
CED; Jessica Hill, 209-577-5321, [email protected]
Consent
8. Consider approving an extension of the eight Commercial Cannabis Retail Permits for dispensaries in the City from December 19, 2022 to June 30, 2023 and thus adjusting the two-year renewal period from a calendar year to a fiscal year which runs from July to June. (Funding Source: Cannabis Permit Fees)
Staff Recommendation:
Resolution approving the extension of the eight Commercial Cannabis Retail Permits for dispensaries in the City from December 19, 2022 to June 30, 2023 and thus adjusting the two-year renewal period from a calendar year to a fiscal year which runs from July to June.
CED; Sean Rando, 209-577-5473, [email protected]
Consent
9. Consider approving the grant of a Permanent Utility Easement to Pacific Gas and Electric Company (PG&E) for electrical facilities within the Grayson Well 69 Project area, located at 1840 Mary Street, Grayson, CA 95363, APN: 016-034-015, owned by the City of Modesto. (Funding Source: Water Fund)
Staff Recommendation:
Resolution approving the grant of a Permanent Utility Easement to Pacific Gas and Electric Company for electrical facilities within the Grayson Well 69 Project area, located at 1840 Mary Street, Grayson, CA 95363, APN: 016-034- 015, owned by the City of Modesto and authorizing the City Manager or his designee to execute the grant of easement and all related documents.
UTILITIES; Miguel Alvarez, 209-577-5348, [email protected] Consent
10. Consider approving the First Amendment with Muniquip Inc., Roseville, CA, for the purchase of Wemco/Hidrostal pump parts and/or electrical components, to a revised total amount not to exceed $250,237 over five years. (Funding Source: Sewer and Stormwater Fund)
Staff Recommendation:
Resolution approving the First Amendment increasing the Agreement amount with Muniquip Inc., Roseville, CA, for the purchase of Wemco/Hidrostal pump parts and/or electrical components by $170,237 from $80,000, for a new total - 7 -
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amount not to exceed $250,237 over five years and authorizing the Director of Finance or her designee, to execute the Amendment.
UTILITIES; Monte Hamilton, 209-342-4505, [email protected] Consent
11. Consider approving an Agreement with West Yost Associates, Sacramento, CA, for Engineering Design Services for the Grayson Water Infrastructure Project in a total amount not to exceed $1,611,410. (Funding Source: Water Fund) Staff Recommendation:
Resolution approving an Agreement with West Yost Associates, of Sacramento, CA, for Engineering Design Services for the Grayson Water Infrastructure Project in the amount of $1,464,918 for the identified Scope of Services, plus $146,492 in additional services, if needed, for a total amount not to exceed $1,611,410 and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution amending the Fiscal Year 2022/23 Capital Improvement Program Budget in the amount of $703,461 to be transferred into Project 101081 from Water Fund Reserves in order to fund the design phase of the Grayson Water Infrastructure Project and authorizing the City Manager, or his designee to implement the provisions of this Resolution.
UTILITIES; Edgar Vargas, 209-571-5424, [email protected] Consent
12. Consider approving an Agreement with West Yost Associates, Sacramento, CA, for Engineering Services for the development of a Groundwater Well Strategy Plan in a total amount not to exceed $110,990 and amending the Fiscal Year 2022/23 Multi-Year Program Budget. (Funding Source: Water Fund)
Staff Recommendation:
Resolution approving an Agreement with West Yost Associates, of Sacramento, CA, for Engineering Services for the development of a Groundwater Well Strategy Plan in the amount of $100,900 for the identified Scope of Services, plus $10,090 in additional services, if needed, for a total amount not to exceed $110,990 and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution amending the Fiscal Year 2022/23 Multi-Year Program Budget in the amount of $126,125 to be transferred into the Project from Water Fund Reserves in order to fund the development of a Groundwater Well Strategy Plan.
UTILITIES; Jim Alves, 209-571-5557, [email protected]
COUNCIL COMMENTS & REPORTS
CITY MANAGER COMMENTS & REPORTS
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HEARINGS
Published in the Modesto Bee on October 12, 2022
13. Hearing to consider the application of the Arcadia Development Company for a proposed Amendment to the City of Modesto Urban Area General Plan, to amend 25 acres from Regional Commercial (RC) to Residential (R), and to consider a proposed Amendment to the Tivoli Specific Plan, to amend 25 acres from Regional Serving Commercial (RSC) uses to Low Density Residential (LDR-15) and 29.3 acres from Medium Density Residential (MDR) to Low Density Residential (LDR-14) for properties located east of Oakdale Road and north of Mable Avenue, and southeast of future Aria Way and north of McReynolds Ave. (Funding Source: Developer Funded) Staff Recommendation:
Resolution approving an amendment to the Modesto Urban Area General Plan to change the land use designation of 25 acres from Regional Commercial (RC) uses to Residential (R), property located north of Mable Avenue and east of Oakdale Road.
Resolution approving Specific Plan Amendment No. 3 to the Tivoli Specific Plan, to change the land use designation of 25 acres from Regional Serving Commercial (RSC) to Residential (R), and 29.3 acres from Medium Density Residential (MDR) to Low Density Residential (LDR).
Resolution adopting a Negative Declaration for a General Plan Amendment to change the land use designation of 25 acres from Regional Commercial (RC) to Residential (R), property located north of Mable Avenue and east of Oakdale Road, together with Amendment No. 3 to the Tivoli Specific Plan to change the land use designation of 25 acres from Regional Serving Commercial (RSC) to Low Density Residential (LDR), and 29.3 acres from Medium Density Residential (MDR) to Low Density Residential (LDR) in the Land Use Diagram of the Specific Plan.
CED; Katharine Martin, 209-577-5465, [email protected] Published in the Modesto Bee on October 21, 2022.
14. Hearing to consider the application and issuance of a Permit to Operate as a NonEmergency Medical Transport Company to Rose Medical Transportation in the City of Modesto. (Funding Source: General Fund)
Staff Recommendation:
Resolution approving the application of Rose Medical Transportation, and authorizing the issuance of a Permit to Operate as a Non-Emergency Medical Transport Company in the City of Modesto.
POLICE DEPARTMENT; Bob Meredith, 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 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
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
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