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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, March 07, 2023 at 5:30 PM
Roll Call - Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
“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
Effective March 1, 2023, if a technical issue arises with Zoom or the phone dial-in option, the City Council meeting will continue unless the meeting is being held pursuant to the provisions of Assembly Bill 2449. Alternative viewing options are listed below and the meeting is physically open to the public.
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
As a courtesy, 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 two hours before 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: Stuart Welch, Life Connection Church
City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Proclamation declaring March as National Disability Awareness Month. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]
2. Proclamation declaring March as National Women's History Month. (Funding Source:
Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]
3. Presentation on the Stanislaus Regional Transit Authority (SRTA) Route Changes by SRTA Chief Executive Officer Adam Barth. (Funding Source: Not Applicable) CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] - 4 -
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MISCELLANEOUS
Legislation, Appointments, Other
4. Consider accepting the resignation of Maya Ramirez from the City of Modesto’s Equity Commission. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution accepting the resignation of Maya Ramirez from the City of Modesto’s Equity Commission.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected]
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 in the City Clerk’s Office, Sixth Floor, 10th Street Place, Posting Board at entry of 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
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 February 28, 2023 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving the minutes from the February 28, 2023 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
6. 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 take the necessary steps to implement the provisions of this Resolution.
BUDGET; Steve Christensen, 209-577-5390, [email protected] Consent
7. Consider accepting an Informational Report for the January 2023 Accounts Payable Payment Register and Void Report. (Funding Source: Not Applicable) Staff Recommendation:
Motion accepting an Informational Report for the January 2023 Accounts Payable Payment Register and Void Report.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
Consent
8. Consider an Ordinance repealing and replacing Chapter 1 of Title 3 of the Modesto Municipal Code amending the City’s Fire Code to adopt the 2022 California Fire Code. (Funding Source: Not Applicable)
Staff Recommendation:
Motion introducing and waiving the first reading of an Ordinance repealing and replacing Chapter 1 of Title 3 of the Modesto Municipal Code amending the City’s Fire Code to adopt the 2022 California Fire Code.
FIRE DEPARTMENT; Darin Jesberg, 209-577-9139, [email protected] - 6 -
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Consent
9. Consider approving a Lease Agreement for Golf Carts to E-Z-Go a Division of Textron Inc., Mira Loma, CA, for a total amount not to exceed $661,634 over four years. (Funding Source: Golf Fund)
Staff Recommendation:
Resolution approving the Award of Bid and Agreement for Rental of Golf Carts to E-Z-Go a Division of Textron Inc., Mira Loma, CA, for four years, for an annual estimated amount of $165,408 and a total amount not to exceed $661,634 over four years; and authorizing the City Manager or his designee to execute the Agreement.
PRN; Laurie Smith, 209-577-5437, [email protected]
Consent
10. Consider approving an Agreement with Sherwood Design Engineers, LTD. to prepare construction documentation for the Tuolumne River Regional Park (TRRP) Riverwalk Trail - Gateway to Legion Project for a total amount not to exceed $495,689. (Funding Source: Parks and Air Quality Capital Facility Fee Fund, LTF – Non-Motorized Fund, TRRP CIP Fund)
Staff Recommendation:
Resolution approving an Agreement with Sherwood Design Engineers, LTD. to prepare construction documentation for the Tuolumne River Regional Park (TRRP) Riverwalk Trail - Gateway to Legion Park Project for an amount of $450,626, plus $45,063 for additional services, if needed, for an Agreement total not to exceed $495,689 and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution amending the Fiscal Year 2022-23 annual Capital Improvement Program project 101232 budget in the amount of $210,241 to increase the project expenditure budget and authorizing the City Manager, or his designee, to take the necessary steps to implement the provisions of this Resolution.
PRN; Nathan Houx, 209-571-5526, [email protected]
Consent
11. Consider approving payment to W.C. Maloney, Stockton, CA, for Emergency Work related to the demolition of the Dryden Golf Course Clubhouse, for a total amount not to exceed $74,873. (Funding Source: Golf Fund)
Staff Recommendation:
Resolution approving payment to W.C. Maloney, Stockton, CA, for the demolition of the Dryden Clubhouse, for a total amount not to exceed $74,873 and authorizing the Purchasing Manager, or her designee, to issue the payment.
PRN; Nathan Houx, 209-571-5526, [email protected]
Consent
12. Consider approving an Agreement with Stanislaus County for City Staff to Perform Engineering Review and Construction Inspection Services relating to the West Modesto County Area 9 Sewer Infrastructure, for an amount not to exceed $225,000. (Funding Source: Capital Improvement Support Fund)
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Staff Recommendation:
Resolution approving an Agreement with Stanislaus County for City Staff to Perform Engineering Review and Construction Inspection Services for the West Modesto County Area 9 Sewer Infrastructure Project, for an amount not to exceed $225,000, and authorizing the City Manager, or his designee, to execute the Agreement.
UTILITIES; Miguel Alvarez, 209-577-5348, [email protected]
COUNCIL COMMENTS & REPORTS
CITY MANAGER COMMENTS & REPORTS
HEARINGS
Published in the Modesto Bee on February 24, 2023 - This item is being moved to future Council Meeting and will be renoticed.
13. Hearing to consider adopting an Ordinance repealing and replacing Section 10-4.115 and Section 10-4.116 of Chapter 4 (Accessory Dwelling Units), and Chapter 8 (Density Bonus) of Title 10, of the City of Modesto Municipal Code (Funding Source: General Fund)
Staff Recommendation:
Motion introducing and waiving the first reading of the Ordinance repealing and replacing Section 10-4.115 and Section 10-4.116 of Chapter 4 of Title 10 and Chapter 8 of Title 10 of the City of Modesto Municipal Code.
CED; Diana Lowrance, 209-577-5302, [email protected] Published in the Modesto Bee on February 24, 2023
14. Hearing to consider approving the issuance of Bonds by the California Municipal Finance Authority (CMFA) for the benefit of Marple Manor RHF Partners, L.P., a California limited partnership (the “Borrower”), and an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, to provide for the financing of the Project, for the purposes of satisfying the requirements of the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA), the Internal Revenue Code and California Government Code Section 6500, et seq. (Funding Source: Not Applicable) Staff Recommendation:
Resolution of the City Council of the City of Modesto pursuant to Section 147(F) of the Internal Revenue Code of 1986 approving the issuance of Multifamily Housing Revenue Bonds by the California Municipal Finance Authority to finance or refinance the acquisition, rehabilitation, improvement and equipping of the Marple Manor Project and certain other matters relating thereto.
FINANCE DEPARTMENT; DeAnna Christensen, 209-577-5387,
[email protected]
Published in the Modesto Bee on February 24, 2023
15. Hearing to consider approving the issuance of Bonds by the California Municipal - 8 -
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Finance Authority (CMFA) for the benefit of Ralston Tower RHF Partners, L.P., a California limited partnership (the “Borrower”), and an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, to provide for the financing of the Project, for the purposes of satisfying the requirements of the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA), the Internal Revenue Code and California Government Code Section 6500, et seq. (Funding Source: Not Applicable) Staff Recommendation:
Resolution of the City Council of the City of Modesto pursuant to Section 147(F) of the Internal Revenue Code of 1986 approving the issuance of Multifamily Housing Revenue Bonds by the California Municipal Finance Authority to finance or refinance the acquisition, rehabilitation, improvement and equipping of the Ralston Tower Project and certain other matters relating thereto.
FINANCE DEPARTMENT; DeAnna Christensen, 209-577-5387,
[email protected]
NEW BUSINESS
16. Consider approving the use of American Rescue Plan Act (ARPA) funds to provide funding for Hazard Pay to employees in the total amount of $6,705,000 and to amend the Fiscal Year 2022-23 Non-Capital Operating Budget to create a Non-Capital Project Budget in the American Rescue Grants Fund (Fund 1390). (Funding Source: ARPA Funds)
Staff Recommendation:
Resolution approving the use of American Rescue Plan Act (ARPA) funds to provide funding for Hazard Pay to employees in the total amount of $6,705,000 and to amend the Fiscal Year 2022-23 Non-Capital Operating Budget to create a Non-Capital Project Budget in the American Rescue Grants Fund (Fund 1390); and authorizing the City Manager to carry out the necessary steps to implement the ARPA Funding for Hazard Pay for the intended use described above.
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
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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, MARCH 07, 2023 at 4:15 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
Two Cases (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: City of Modesto, et al. v. The Dow Chemical Company, et al. (PCE)
Superior Court of the State of California
Case No: CGC-98-999345 and CGC-98-999643
Seever et al. v. City of Modesto et al.
United States Eastern District
Case No.: 1:21-cv-01373
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 - 10 -
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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