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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, December 06, 2022 at 5:30 PM
*Roll Call - Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, 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: Pat Nagle, Redeemer Church
City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session
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
An item may be removed from consent and discussed at the request of an audience member or Councilmember.
Consent
1. Consider approving the Minutes from the November 1, 2022 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving the Minutes from the November 1, 2022 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
2. Consider approving the 2023 Calendar of regularly scheduled City Council and Council Standing Committee meetings. (Funding Source: Not Applicable) Staff Recommendation:
Resolution approving the 2023 City Calendars of regularly scheduled City Council and Council Standing Committee meetings.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] - 5 -
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Consent
3. Consider approving the Mayor’s appointments to the City of Modesto Standing Committees, and City Council Liaison Committees; and appointment of a Vice Mayor for the 2023 calendar year. (Funding Source: Not Applicable) Staff Recommendation:
Motion approving the selection of Council Member Ricci as Vice Mayor. Motion approving the appointments to the Standing Committees and City Council Liaison Committees.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] 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 the recommended Budget adjustments to Fiscal Year 2022-23 Annual Operating and Capital Improvement Program Budgets. (Funding Source:
Various Funds)
Staff Recommendation:
Resolution amending Fiscal Year 2022-23 Annual Operating and Capital Improvement Project Fund Budgets and authorizing the City Manager, to make the necessary steps to implement the provisions of this Resolution.
BUDGET; Steve Christensen, 209-577-5390, [email protected] Consent
6. Consider approving a Third Amendment to the Joint Exercise of Powers Agreement with the County of Stanislaus, amending sections 8.1.3, 8.1.4 and 8.3.3 concerning Membership and Alternate Members Appointed to Serve as a Staff Member Commissioners on the Consolidated Emergency Dispatch Agency Commission, and appointing the Deputy City Manager of Operations to serve as the City of Modesto Staff Member Commissioner, and Deputy City Manager of Support as their Alternate, to the Consolidated Emergency Dispatch Agency Commission. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution approving a Third Amendment to the Joint Exercise of Powers Agreement with the County of Stanislaus, amending sections 8.1.3, 8.1.4 and
8.3.3 concerning Membership and Alternate Members Appointed to Serve as Staff Member Commissioners on the Consolidated Emergency Dispatch Agency Commission and authorizing the City Manager, or his designee to execute the Amendment, and appointing the Deputy City Manager of Operations to serve as the City of Modesto Staff Member Commissioner, and Deputy City Manager of Support as their Alternate, to the Consolidated - 6 -
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Emergency Dispatch Agency Commission.
CITY MANAGER; Scotty Douglass, 209-577-9149, [email protected] Consent
7. Consider accepting an informational report for the September 2022 Accounts Payable Payment Register and Void report. (Funding Source: Not Applicable) Staff Recommendation:
Motion accepting an informational report for the September 2022 Accounts Payable Payment Register and Void report.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
Consent
8. Consider accepting an informational report on the July and August 2022 Grant Applications and Awards. (Funding Source: Not Applicable) Staff Recommendation:
Motion accepting an informational report for the July and August 2022 Grant Applications and Awards.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
Consent
9. Consider accepting the Monthly Investment Report for July 2022. (Funding Source:
Various Funds)
Staff Recommendation:
Motion accepting the Monthly Investment Report for July 2022.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
Consent
10. Consider approving a Purchasing Agreement for Concrete Boxes, Covers, Valves and Fittings to Ferguson Waterworks, Modesto CA, Iconix Waterworks, McClellan CA, and to American AVK, Minden, NV for a total amount not to exceed $3,825,000 over five years. (Funding Source: Water and Wastewater Funds) Staff Recommendation:
Resolution approving the Award of Bid and Purchasing Agreements for Concrete Boxes, Covers, Valves, Hydrants and Fittings to Ferguson Waterworks, Modesto CA, Iconix Waterworks, McClellan CA, and American AVK, Minden, NV for a one–year Agreement with four one-year extension options, for a total estimated annual amount not to exceed $765,000, and a total amount not to exceed $3,825,000 over five years; and authorizing the Director of Finance, or her designee to execute the Purchasing Agreements.
FINANCE DEPARTMENT; Cynthia Kline, 209-577-5412, [email protected] Consent
11. Consider approving an Agreement with InfoSend Inc., for Forms, Printing, and Mailing - 7 -
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Services, for a total amount not to exceed $12,051,699 over eight years. (Funding Source: Various Funds)
Staff Recommendation:
Resolution approving an Agreement with InfoSend Inc., by utilizing the City of Oceanside Agreement for Forms, Printing, and Mailing Services, for a three year Agreement with five one-year extension options, for an annual estimated amount of $1,506,642 and a total amount not to exceed $12,051,699 over eight years; and authorizing the City Manager, or his designee, to execute the Agreement.
FINANCE DEPARTMENT; Jeni Martin, 209-571-5892, [email protected] Consent
12. Consider approving a One-Time Purchase using the Competitive Bid Process from The National Association of State Procurement Officials (NASPO) ValuePoint for eight LifePak15 Monitors from Stryker Medical, Chicago, IL for a total amount not to exceed $353,624. (Funding Source: General Fund)
Staff Recommendation:
Resolution approving a One-Time Purchase using the Competitive Bid Process from The National Association of State Procurement Officials (NASPO) ValuePoint for eight LifePak15 Monitors from Stryker Medical, Chicago, IL for a total cost not to exceed $353,624; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.
FIRE DEPARTMENT; Alan Ernst, 209-572-9590, [email protected] Consent
13. Consider approving an Agreement with Sloan Sakai Yeung & Wong, LLP, Emeryville, CA to conduct a Compensation Study in an amount not to exceed $54,000. (Funding Source: Various Funds)
Staff Recommendation:
Resolution approving an Agreement with Sloan Sakai Yeung & Wong, LLP, Emeryville, CA to conduct a Compensation Study in an amount not to exceed $54,000 for a term of December 6, 2022 to December 6, 2023 and authorizing the City Manager, or his designee, to execute the Agreement.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] Consent
14. Consider approving an Amendment to Lease Agreement for the Modular Building at Dryden Golf Course and approving the increase of a Purchase Order with Williams Scotsman, Inc., Fresno, California, for a revised total amount not to exceed $95,000. (Funding Source: Golf Fund)
Staff Recommendation:
Resolution approving the Amendment to Lease Agreement for the Modular Building at Dryden Golf Course and approving the increase of a Purchase Order with Williams Scotsman, Inc., Fresno, California, for a revised total amount not to exceed $95,000; and authorizing the City Manager, or his designee, to execute the Amendment.
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PRN; Laurie Smith, 209-577-5347, [email protected]
Consent
15. Consider approving the First Amendment to the City of Modesto Pandemic Recovery Strategy – Modesto Forward Grant Agreement with the Modesto Convention and Visitors Bureau, Inc., for the Year 2 allocation of $250,000 in American Rescue Plan Act funding. (Funding Source: American Rescue Plan Act Funds) Staff Recommendation:
Resolution approving the First Amendment to the City of Modesto Pandemic Recovery Strategy – Modesto Forward Grant Agreement with the Modesto Convention and Visitors Bureau, Inc., for the Year 2 allocation of $250,000 in American Rescue Plan Act funding, and authorizing the City Manager, or his designee, to execute the First Amendment and carry out the necessary steps to implement the spending plan for the second allocation.
PRN; Laurie Smith, 209-577-5347, [email protected]
Consent
16. Consider approving the Fourth Amendment to Agreement with The Baseball Club of Modesto, as Successor in Interest to HWS Baseball IV, LLC, to revise the expiration date in the Accelerated Termination Provision from December 31, 2022 to December 31, 2023. (Funding Source: CIP Project 101019/General Fund) Staff Recommendation:
Resolution approving the Fourth Amendment to Agreement with The Baseball Club of Modesto, as Successor in Interest to HWS Baseball IV, LLC, to revise the expiration date in the Accelerated Termination Provision from December 31, 2022 to December 31, 2023, and authorizing the City Manager, or his designee to execute the Fourth Amendment to Agreement.
PRN; Laurie Smith, 209-577-5347, [email protected]
Consent
17. Consider approving the Purchase and Sale Agreement for certain real property located at approximately 1300 Scenic Drive, Stanislaus County Assessor’s Parcel Number 034- 018-014, for $795,000, plus $20,000 in anticipated closing costs. (Funding Source:
Parks and Air Quality Capital Facility Fee Fund)
Staff Recommendation:
Resolution approving the Purchase and Sale Agreement for certain real property located at approximately 1300 Scenic Drive, Stanislaus County Assessor’s Parcel Number 034-018-014, for $795,000, plus $20,000 in anticipated closing costs; and authorizing the City Manager, or his designee, to execute any documents necessary to carry out the purpose of this Resolution.
PRN; Laurie Smith, 209-577-5347, [email protected]
Consent
18. Consider approving an Agreement with HDR Engineering, Inc. to conduct a Feasibility Study for the City’s Compost Facility at 7001 Jennings Road, for a total amount not to exceed $97,055. (Funding Source: Compost Facility Improvement Fund) - 9 -
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Staff Recommendation:
Resolution approving an Agreement with HDR Engineering, Inc., Northern California Area, to conduct a Feasibility Study for the City’s Compost Facility at 7001 Jennings Road for a total amount not to exceed $97,055, and authorizing the City Manager, or his designee, to execute the Agreement.
PUBLIC WORKS; Rosene Salmo, 209-577-5453, [email protected] Consent
19. Consider approving the Plans and Specifications for the Rebid Upgrade Traffic Signals - 2017 Project, accepting the bid, and awarding a contract to St. Francis Electric, LLC of San Leandro, CA for a total amount not to exceed $935,567. (Funding Source:
Congestion Mitigation Air Quality Grant)
Staff Recommendation:
Resolution approving the Plans and Specifications for the Rebid Upgrade Traffic Signals - 2017 Project, accepting the bid, and awarding a Contract to St.
Francis Electric, LLC of San Leandro, CA, in the amount of $850,515, plus $85,052 for contingency (if needed), for a total amount not to exceed $935,567, and authorizing the City Manager, or his designee, to execute the Agreement.
PUBLIC WORKS; James Ashby, 209-571-5116, [email protected] Consent
20. Consider accepting the Upgrade Advanced Traffic Management System 2017 Project as complete. (Funding Source: Congestion Mitigation and Air Quality) Staff Recommendation:
Resolution accepting the Upgrade Advanced Traffic Management System 2017 Project as complete.
PUBLIC WORKS; James Ashby, 209-571-5116, [email protected] Consent
21. Consider accepting the Modesto Modular Building Relocation Project as Complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $484,537 to Harris Builders, Inc., of Hilmar, CA. (Funding Source: Community Development Block Grant Funds (CDBG)) Staff Recommendation:
Resolution accepting the Modesto Modular Building Relocation Project as Complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $484,537 to Harris Builders Inc., Hilmar, CA.
UTILITIES; Pete Kambel, 209-577-5444, [email protected] Consent
22. Consider approving an Agreement with HSQ Technology, Hayward, CA, for the procurement of parts, service, licenses and support for the Miser and Supervisor Control and Data Acquisition System, for two years, with three one-year extension options, for an annual estimated amount of $145,000 and a total not to exceed $725,000 over five years. (Funding Source: Water and Wastewater Funds) - 10 -
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Staff Recommendation:
Resolution approving an Agreement with HSQ Technology, Hayward, CA, for the Procurement of Parts, Service, Licenses and Support for two years, with three one-year extension options, for an annual estimated amount of $145,000 and a total amount not to exceed $725,000 over five years, and authorizing the Director of Finance, or her designee, the ability to add parts based on the department’s needs, ensuring the total amount does not exceed the authorized total and authorizing the City Manager, or his designee, to execute the Agreement.
UTILITIES; Jason Farnsworth, 209-577-6255, [email protected]
COUNCIL COMMENTS & REPORTS
CITY MANAGER COMMENTS & REPORTS
HEARINGS
Published in the Modesto Bee on November 23, 2022 & November 29, 2022.
23. Public Hearing to consider an Ordinance repealing Title 5, “Sanitation and Health,” Chapter 11 “Organic Waste Disposal” of the Modesto Municipal Code in its entirety, repealing and replacing Title 5, Chapter 5 “Solid Waste” of the Modesto Municipal Code, approving an updated Cash Security Deposit Schedule for Self-Haul charges, establishing an annual 9.9% Franchise Fee in accordance with Assembly Bill 939 and rescinding Resolution No. 98-113. (Funding Source: Not Applicable) Staff Recommendation:
Motion introducing and waiving the First Reading of an Ordinance repealing Title 5, “Sanitation and Health,” Chapter 11 “Organic Waste Disposal” of the Modesto Municipal Code in its entirety, and repealing and replacing Title 5, Chapter 5, “Solid Waste” of the Modesto Municipal Code. Resolution updating the Schedule of Cash Security Deposits to be charged to residents and businesses for Self-Haul of Solid Waste in the City of Modesto, establishing an annual 9.9% Franchise Fee in accordance with Assembly Bill 939, and rescinding Resolution No. 98-113.
PUBLIC WORKS; Rosene Salmo, 209-577-5453, [email protected]
NEW BUSINESS
24. Consider approving a Resolution authorizing the City of Modesto to utilize the services of Mark Murphy on an interim basis to fulfill the duties of Traffic Engineer for a limited duration of up to six months or until the recruitment is completed, whichever is first. (Funding Source: Surface Transportation Funds)
Staff Recommendation:
Resolution authorizing the City of Modesto to utilize the services of Mark Murphy on an interim basis to fulfill the duties of Traffic Engineer for a limited duration of up to six (6) months or until the recruitment is completed, whichever is first; and authorizing the City Manager, or his designee, to take - 11 -
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the necessary steps to implement the provisions of the action.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [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
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, DECEMBER 6, 2022 at 3:45 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
1. Consider appointing Real Property Negotiators Will Wong, Director of Utilities and Jose M. Sanchez, City Attorney for Property: APN: 103-006-002 Motion appointing Real Property Negotiators Will Wong, Director of Utilities and Jose M. Sanchez, City Attorney for Property: APN: 103-006-002 City Attorney, Jose M. Sanchez, 577-5284, [email protected] CONFERENCE WITH REAL PROPERTY NEGOTIATORS:
(Pursuant to Section 54956.8 of the Government Code)
Property: 131 9th Street, Modesto, CA 95351, APN: 103-006-002 Property Owners: Varni Bros Corporation
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Negotiating Parties:
For City: Will Wong, Director of Utilities
Jose M. Sanchez, City Attorney
For Owner: Property Owner
Under Negotiation: Price and Terms
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
One Case (Pursuant to Section 54956.9(d)(4) of the Government Code)
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Two Cases (Pursuant to Section 54956.9(a) of the Government Code) Name of case(s): Benito Chavez v. City of Modesto
California Workers Compensation Appeals Board
Nos. ADJ13097362, ADJ13097376, ADJ13097365,
ADJ13097371, ADJ13096784
Ron Keyes v. City of Modesto
California Workers Compensation Appeals Board
Nos. ADJ15382869, ADJ13830244, ADJ14260996,
ADJ15382869
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
at by
date time signature