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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, January 24, 2023 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: Anthony Bargas, The Center Church
City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Proclamation declaring February as National Black History Month. (Funding Source:
Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-559,
[email protected]
2. Proclamation declaring February as National Cancer Prevention Month (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]
3. Presentation from the Municipal Information Systems Association of California (MISAC) to the City of Modesto for the MISAC Excellence Award for Best Practices in Information Technology. (Funding Source: Not Applicable) - 4 -
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IT; Scott Conn, 209-577-5229, [email protected]
4. Presentation by StanCOG for Annual Unmet Transit Needs Process. (Funding Source:
Not Applicable)
CITY MANAGER; Joseph Lopez, 209-577-5223, [email protected]
MISCELLANEOUS
Legislation, Appointments, Other
5. Consider reappointing Rhoda Yare and Sandra Wilson to the Housing Rehabilitation Loan Committee for a second term with a term expiration of December 31, 2026 (Funding Source: Not Applicable)
Staff Recommendation:
Resolution reappointing Rhoda Yare and Sandra Wilson to the Housing Rehabilitation Loan Committee for a second term with a term expiration of December 31, 2026.
CED; Jessica Hill, 209-577-5321, [email protected]
6. Consider appointing Esparza Vargas, Paul Adams, and Julie Betts-Albert to the Modesto Downtown Improvement District Advisory Board for a four-year term from January 1, 2023 to December 31, 2026. (Funding Source: Not Applicable) Staff Recommendation:
Resolution appointing Esparza Vargas, Paul Adams, and Julie Betts-Albert to the Modesto Downtown Improvement District Advisory Board for a four-year term from January 1, 2023 to December 31, 2026.
PRN; Laurie Smith, 209-577-5347, [email protected]
7. Consider approving the appointments of Elena Martinez and Katherine Zagone to fill two Modesto Resident vacancies on the Culture Commission for a four-year term from January 1, 2023 through December 31, 2026. (Funding Source: Not Applicable) Staff Recommendation:
Resolution approving the appointments of Elena Martinez and Katherine Zagone to fill two Modesto Resident vacancies on the Culture Commission for a four-year term from January 1, 2023 through December 31, 2026.
PRN; Laurie Smith, 209-577-5347, [email protected]
8. Consider approving the reappointment of Ricardo Semeria of the Modesto Golf Club and the appointments of Arnold Fidalgo of the SIRS Golf Club, and Jeffrey Lambaren, Member-At-Large, to the Golf Courses Advisory Committee for a four-year term from January 1, 2023 through December 31, 2026. (Funding Source: Not Applicable) Staff Recommendation:
Resolution approving the reappointment of Ricardo Semeria of the Modesto Golf Club and the appointments of Arnold Fidalgo of the SIRS Golf Club, and Jeffrey Lambaren, Member-At-Large, to the Golf Courses Advisory Committee for a four-year term from January 1, 2023 through December 31, 2026.
PRN; Laurie Smith, 209-577-5347, [email protected]
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PUBLIC COMMENT PERIOD
Please refer to the special 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.
CONSENT
An item may be removed from consent and discussed at the request of an audience member or Councilmember.
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Consent
9. Consider approving the minutes from the January 10, 2023 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving the minutes from the January 10, 2023 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
10. 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
11. Consider approving the 2023-2024 State and Federal Legislative Priorities. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution approving the City of Modesto 2023-2024 State and Federal Legislative Priorities.
CITY MANAGER; Andrew Gonzales, 209-571-5809, [email protected] Consent
12. Consider approving the First Amendment increasing the Agreement amount with Townsend Public Affairs, for State Advocacy Services to a new total amount of $215,000, and Van Scoyoc Associates for Federal Advocacy Services to $322,500 and extending the term of the Agreements from April 27, 2023, to November 28, 2023. (Funding Source: General Fund, Water Fund, and Surface Transportation Funds) Staff Recommendation:
Resolution approving the First Amendment increasing the Agreement amount with Townsend Public Affairs, for State Advocacy Services by $35,000 from $180,000 to a new total amount of $215,000, and extending the term of the Agreements from April 27, 2023, to November 28, 2023 and authorizing the City Manager, or his designee to execute the Amendment. Resolution to approve the First Amendment increasing the Agreement amount with Van Scoyoc Associates for Federal Advocacy Services by $52,500 from $270,000 to $322,500 and extending the term of the Agreements from April 27, 2023, to November 28, 2023 and authorizing the City Manager, or his designee to execute the Amendment.
CITY MANAGER; Andrew Gonzales, 209-571-5809, [email protected] Consent
13. Consider accepting an Informational Report for the November 2022 Accounts Payable Payment Register and Void Report. (Funding Source: Not Applicable) - 7 -
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Staff Recommendation:
Motion accepting an Informational Report for the November 2022 Accounts Payable Payment Register and Void Report.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
Consent
14. Consider accepting the Monthly Investment Report for October 2022. (Funding Source: Various Funds)
Staff Recommendation:
Motion accepting the Monthly Investment Report for October 2022.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
Consent
15. Consider accepting a report on Fiscal Year 2022-23 Vehicle Replacements and Additions planned for bidding or use of Cooperative Agreements to comply with bidding requirements. (Funding Source: Various Funds)
Staff Recommendation:
Motion accepting a report on Fiscal Year 2022-23 Vehicle Replacements and Additions planned for bidding or use of Cooperative Agreements to comply with bidding requirements.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] Consent
16. Consider approving the sale of 5.01 Acres of real property at 1500 Robertson Road jointly owned by the City of Modesto, the City of Ceres and Stanislaus County as part of the Tuolumne River Regional Park for $191,000 and approving the purchase of such property by the City of Modesto to be used for the Sutter Primary Treatment Facility Parking Lot/Security Project. (Funding Source: Wastewater Fund) Staff Recommendation:
Resolution approving the sale of 5.01 Acres of real property at 1500 Robertson Road jointly owned by the City of Modesto, the City of Ceres and Stanislaus County as part of the Tuolumne River Regional Park for $191,000, and approving the purchase of such property by the City of Modesto to be used for the Sutter Primary Treatment Facility Parking Lot/Security Project, and authorizing the City Manager, or his designee, to execute the Purchase and Sale Agreement, and all related documents required to complete the transaction and close of escrow.
PRN; Nathan Houx, 209-571-5526, [email protected]
Consent
17. Consider approving a Land Exchange Agreement with E. J. Gallo Winery and Gallo Glass Company to acquire certain real property located along the Tuolumne River (a portion of APNs 035-016-010, 035-018-009, 035-018-013 and 035-024-007), in exchange for a portion of Beard Brook Park (APN 106-034-001); approving a Transfer - 8 -
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Agreement with the State of California Department of Parks and Recreation. (Funding Source: Non-Motorized Local Transportation Fund and Parks & Air Quality Capital Facility Fees Fund)
Staff Recommendation:
Resolution approving a Land Exchange Agreement with E. J. Gallo Winery and Gallo Glass Company to acquire certain real property located along the Tuolumne River (a portion of APNs 035-016-010, 035-018-009, 035-018-013 and 035-024-007), in exchange for a portion of Beard Brook Park (APN 106- 034-001); approving a Transfer Agreement with the State of California Department of Parks and Recreation and authorizing the City Manager, or his designee, to execute the Agreements.
PRN; Nathan Houx, 209-571-5526, [email protected]
Consent
18. Consider approving the Plans and Specifications for the Sutter Neighborhood Strengthen & Replace Water Mains Project; accepting the Bid and Awarding a Construction Contract to West Valley Construction Inc., of San Jose, CA, for a total amount not to exceed $2,149,680 and approving a First Amendment increasing the Agreement amount with Black Water Consulting Engineers, Inc., Modesto, CA, for Engineering Design Services by $72,696 from $126,430, plus $12,643 in Additional Services (if needed) to a new total amount of $211,769. (Funding Source: Water Fund) Staff Recommendation:
Resolution approving Plans and Specifications for the Sutter Neighborhood Strengthen & Replace Water Mains Project, accepting the Bid, and approving a Construction Contract with West Valley Inc., of San Jose, CA, in the amount of $2,149,680, plus $214,968 in contingency (if needed), for a total amount not to exceed $2,364,648 and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution authorizing an increase in the Director’s Authority to issue Change Orders for the Sutter Neighborhood Strengthen & Replace Water Mains Project from 8% ($171,974) to 10% ($214,968) of the Construction Contract amount of $2,149,680 with West Valley Construction Inc., of San Jose, CA. Resolution approving the First Amendment increasing the Agreement amount with Black Water Consulting Engineers, Inc., Modesto, CA, for Engineering Design Services for the Sutter Neighborhood Strengthen & Replace Water Mains Project by $72,696 from $126,430, plus $12,643 in Additional Services (if needed) to a new total amount of $211,769; and authorizing the City Manager, or his designee to execute the Amendment.
Resolution amending the Fiscal Year 2022-23 Capital Improvement Program Budget in the amount of $1,850,500 to be transferred into the Project from Water Fund Reserves in order to fund the Construction Phase of the Sutter Neighborhood Strengthen & Replace Water Mains Project.
UTILITIES; Robert Davalos, 209-571-5869, [email protected] Consent
19. Consider accepting the Crows Landing Road Pavement Rehabilitation, STPLCML- - 9 -
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5059(208) project as complete, authorizing all necessary steps to file with the County Recorder, release securities, and release payments totaling $2,308,516 to United Pavement Maintenance, Inc. of Hughson, CA. (Funding Source: Federal RSTP, CMAQ, and Streets Capital Facility Fees)
Staff Recommendation:
Resolution accepting the Crows Landing Road Pavement Rehabilitation, STPLCML-5059(208) project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $2,308,516 to United Pavement Maintenance, Inc., Hughson, CA.
UTILITIES; Pete Kambel, 209-577-5444, [email protected] Consent
20. Consider accepting the Fleet Maintenance Facility Heavy Bay Addition and Bus Maintenance Facility – Parts Storage Room project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $5,634,840 to Harris Builders, Inc., of Hilmar, CA (Funding Source:
Fleet Fund 5400, Capital Grants – CIP Projects 3140)
Staff Recommendation:
Resolution accepting the Fleet Maintenance Facility Heavy Bay Addition and Bus Maintenance Facility Parts Storage Room project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $5,634,840 to Harris Builders Inc., Hilmar, CA.
UTILITIES; Pete Kambel, 209-577-5444, [email protected]
COUNCIL COMMENTS & REPORTS
CITY MANAGER COMMENTS & REPORTS
HEARINGS
Published in the Modesto Bee on January 13, 2023.
21. Public Hearing to consider approving the final adoption of Ordinances 3754-C.S., 3755-C.S., 3756-C.S., 3757-C.S., 3758-C.S., adopting Building, Plumbing, Electrical, and Mechanical Ordinances by reference of the 2022 California Building Codes and amending various sections of Chapters 1, 2, 3, 7, and 11 of Title 9 of the Modesto Municipal Code. (Funding Source: General Fund/Building Permit Fees) Staff Recommendation:
Motion adopting Ordinance 3754-C.S. amending Articles 1, 2, and 16 of Chapter 1 of Title 9 of the Modesto Municipal Code relating to building regulations to adopt by reference, California Code of Regulations, Title 24 Part 2, Volumes 1 & 2.
Motion adopting Ordinance 3755-C.S. amending Chapter 3, Electrical Code of Title 9 of the Modesto Municipal Code relating to building regulations to adopt by reference, California Code of Regulations, Title 24 Part 3 “Electrical Code”. Motion adopting Ordinance 3756-C.S. adopting by reference, the Existing Building Code contained within the 2022 California Building Standards Code - 10 -
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and amending Articles 1 and 2 of Chapter 11 of Title 9 of the Modesto Municipal Code.
Motion adopting Ordinance 3757-C.S. amending Chapter 7, “Mechanical Code” of Title 9 of the Modesto Municipal Code relating to building regulations to adopt by reference, California Code of Regulations, Title 24, Part 4 “Mechanical Code”.
Motion adopting Ordinance 3758-C.S. adopting by reference the Plumbing Code contained within the 2022 California Building Standards Code and amending Articles 1 and 2 of Chapter 2 of Title 9 of the Modesto Municipal Code.
CED; Oscar Diaz, 209-571-5885, [email protected]
Published in the Modesto Bee on January 13, 2023.
22. Hearing to consider accepting the Public Health Goals Report (PHG) on the City of Modesto’s Water System, in compliance with Title 22 of the California Health and Safety Code (Funding Source: Not Applicable)
Staff Recommendation:
Resolution accepting the 2022 Public Health Goals Report in compliance with Title 22 of the California Health and Safety Code.
UTILITIES; William Wong, 209-571-5801, [email protected]
NEW BUSINESS
23. Consider approving the Multifamily Dwelling Bulky Item Pickup Program as a pilot for a term of one year. (Funding Source: America Rescue Plan Act) Staff Recommendation:
Resolution approving the Multifamily Dwelling Bulky Item Pickup Program as a pilot for a term of one year.
PUBLIC WORKS; Rosene Salmo, 209-577-5453, [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
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, JANUARY 24, 2023 at 3:15 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(d)(1) of the Government Code) Name of Case: Jesse Montelongo, et al., v. City of Modesto, et al.
United States District Court, Eastern District of California Case No.: 1:15-CV-01605—BAM
PUBLIC EMPLOYEE APPOINTMENT
(Pursuant to Section 54957 Government Code)
Title: City Auditor
CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCEA Negotiator: Christina Alger
Employee Organization: Modesto City Employees Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCMA Negotiator: Christina Alger
Employee Organization: Modesto Confidential & Management Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MPOA Negotiator: Christina Alger
Employee Organization: Modesto Police Officers’ Association - 12 -
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CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MPNSA Negotiator: Christina Alger
Employee Organization: Modesto Police Non-Sworn Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) –MPMA Negotiator: Christina Alger
Employee Organization: Modesto Police Management Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCFFA Negotiator: Christina Alger
Employee Organization: Modesto City Firefighters Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – Unrepresented Negotiator: Christina Alger
Employee Organization: Unrepresented Management and Confidential Employees Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
at by
date time signature