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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, May 09, 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: Scott Nelson, Covenant Grove Church
City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Proclamation declaring May 7-13, 2023 as National Public Service Recognition Week. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]
2. Proclamation declaring May 21-27, 2023 as National Public Works Week. (Funding Source: Not Applicable)
PUBLIC WORKS; Bill Sandhu, 209-341-2906, [email protected]
3. Modesto Convention & Visitors Bureau Presentation (Funding Source: Not Applicable)
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 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 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
4. Consider approving the minutes from the May 2, 2023 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving the minutes from the May 2, 2023 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
5. Consider approving Final Adoption of Ordinance 3763-C.S. approving the Modesto Police Department’s Military Equipment Use Policy (Policy 710) in accordance with AB 481, approving the purchase of additional equipment that qualifies as “military equipment” in Fiscal Year 2023-2024 and rescinding Ordinance No. 3745-C.S. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving Final Adoption of Ordinance 3763-C.S. approving the Modesto Police Department’s Military Equipment Use Policy (Policy 710) in accordance with AB 481, approving the purchase of additional equipment that qualifies as “military equipment” in Fiscal Year 2023-2024 and rescinding Ordinance No. 3745-C.S.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
6. Consider accepting the General Plan Vision Statement. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution approving the General Plan Vision Statement and Guiding Principles.
CED; Edgar Garcia, 209-571-5101, [email protected] Consent
7. Consider approving the Consultant Services Agreements with Precision Civil Engineering, Inc., Harris & Associates, Inc., and Environmental Science Associates (ESA) for Municipal Planning Services, for a total amount not to exceed $300,000 per consultant for an overall total not to exceed $900,000. (Funding Source: Developer Fees)
Staff Recommendation:
Resolution approving the Consultant Services Agreements with Precision Civil Engineering, Inc., Harris & Associates, Inc., and Environmental Science Associates (ESA) for Municipal Planning Services, for a total amount not to exceed $300,000 per consultant for an overall total not to exceed $900,000 and authorizing the City Manager or his designee to execute the Consultant Services Agreements.
CED; Peter Ibrahim, 209-577-5211, [email protected] - 6 -
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Consent
8. Consider accepting the updates to the City’s Debt Management Policy. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution approving the updates to the City’s Debt Management Policy.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
Consent
9. Consider accepting the updates to the City’s Investment Policy. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution approving the updates to the City’s Investment Policy.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
Consent
10. Consider approving a Second Amendment to the Master Services Agreement with Forensic Logic for a three-year Software License Services Renewal for a total amount not to exceed $184,661. (Funding Source: General Fund and Supplemental Law Enforcement Services Funds (SLESF))
Staff Recommendation:
Resolution approving a Second Amendment to the Master Services Agreement with Forensic Logic for a three-year Software License Services Renewal for COPLINK for a total amount not to exceed $184,661 and authorizing the City Manager or his designee to execute the Amendment.
POLICE DEPARTMENT; Brandon Gillespie, 209-572-9500,
[email protected]
Consent
11. Consider approving a First Amendment to the Cell Tower Site Lease Agreement at Robertson Road Park with MetroPCS California, LLC, (MetroPCS) to extend the maximum term of the Agreement through July 31, 2052. (Funding Source: Cell Tower Facility Rental Revenue)
Staff Recommendation:
Resolution approving a First Amendment to the Cell Tower Site Lease Agreement at Robertson Road Park with MetroPCS California, LLC, (MetroPCS) to extend the maximum term of the Agreement through July 31, 2052, and authorizing the City Manager, or his designee, to execute the Agreement.
PRN; Nathan Houx, 209-571-5526, [email protected]
Consent
12. Consider approving an Engineering Services Agreement with West Yost, of Davis, CA, for the CV-SALTS Nitrate Control Program - Pathway A Compliance Analysis, in an amount not to exceed $243,524. (Funding Source: Wastewater and Compost Funds) - 7 -
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Staff Recommendation:
Resolution approving an Agreement with West Yost, of Davis, CA, for the CVSALTS Nitrate Control Program – Pathway A Compliance Analysis in the amount of $221,385 for the identified scope of services, plus $22,139 in additional services (if needed), for a total amount not to exceed $243,524 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 $280,024 to be transferred into the Project from Wastewater Reserves to fund the CV-SALTS Nitrate Control Program - Pathway A Compliance Analysis Project and authorizing the City Manager, or his Designee, to implement the provisions of this Resolution.
UTILITIES; Juan Ochoa, 209-577-5423, [email protected] Consent
13. Consider accepting the Upgrade Advanced Traffic Management System (ATMS) 2019,CML- 5059(238) Project as complete, and releasing payments totaling $1,199,842 to Tennyson Electric, Inc., of Livermore, CA. (Funding Source: CMAQ, Local Measure L Funds)
Staff Recommendation:
Resolution accepting the Upgrade Advance Traffic Management System 2019, CML-5059-(238) Project as complete, releasing securities, releasing payments totaling $1,199,842 to Tennyson Electric, Inc., of Livermore, CA. and authorizing the City Clerk to file a Notice of Completion.
UTILITIES; Peter Kambel, 209-577-5444, [email protected] Consent
14. Consider accepting the Wastewater Building Upgrades Project as complete, releasing securities, and releasing payments totaling $854,000 to Azul Works, Inc, of San Francisco, CA. (Funding Source: Wastewater Fund)
Staff Recommendation:
Resolution accepting the Wastewater Building Upgrades Project as complete, releasing securities, releasing payments totaling $854,000 to Azul Works Inc., of San Francisco, CA and authorizing the City Clerk to file a Notice of Completion.
UTILITIES; Peter Kambel, 209-577-5444, [email protected]
COUNCIL COMMENTS & REPORTS
CITY MANAGER COMMENTS & REPORTS
HEARINGS
Published in the Modesto Bee on April 9, 2023
15. Hearing to consider the 2023-2024 Annual Action Plan as well as the acceptance of the 2023-2024 Annual HUD Allocation in the amount of $2,875,518 and to submit the 2023-2024 Annual Action Plan, and applicable documentation, as required by U.S. - 8 -
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Department of Housing and Urban Development. (Funding Source: HUD Entitlement Funding)
Staff Recommendation:
Resolution approving the City of Modesto program year 2023-2024 Annual Action Plan for the use and acceptance of Community Development Block Grant Programs, Emergency Solutions Grant, and HOME Investment Partnerships Program funding in the amount of $ 2,875,518 received from the U.S. Department of Housing and Urban Development and authorizing the City Manager, or his designee, to negotiate and execute any related program Agreements, contracts or other documentation required for implementation and acceptance of the program year 2023-2024 Annual Action Plan funding, and authorization to submit applicable documentation and provide technical alterations, as required by HUD, incorporate comments received prior to the close of the public comment period, and to make the necessary steps to implement the provisions of this resolution.
Resolution approving the allocation of funds outlined in the program year 2023- 2024 Annual Action Plan Budget to reflect proposal submitted to the U.S.
Department of Housing and Urban Development and authorizing the City Manager, or his designee, to take the necessary steps to implement the provisions of this Resolution.
CED; Jessica Hill, 209-577-5211, [email protected]
Published in the Modesto Bee on May 2, 2023
16. Hearing to consider approving Amendment #5 to the City of Modesto’s Program Year 2019-2020 Annual Action Plan to identify and allocate reallocated Emergency Solutions Grant Coronavirus (ESG-CV) funds made available through the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) Public Law 116-136, accepting the ESG-CV award, and authorizing the City Manager, or his designee, to negotiate and execute an Agreement with the Salvation Army for the operation and management of a Day Center. (Funding Source: Cares Act Emergency Solutions Grant) Staff Recommendation:
Resolution approving Amendment #5 to the City of Modesto’s Program Year 2019-2020 Annual Action Plan to identify and allocate reallocated Emergency Solutions Grant Coronavirus (ESG-CV) funds in the amount of $632,829 received from the U.S. Department of Housing and Urban Development and authorizing the City Manager, or his designee, to negotiate and execute any related program Agreements, contracts or other documentation required for implementation and acceptance of the program year 2019-2020 Annual Action Plan Amendment #5 funding, and authorization to submit applicable documentation and provide technical alterations, as required by HUD, incorporate comments received prior to the close of the public comment period, and to make the necessary steps to implement the provision of this Resolution. Resolution approving allocation of reallocated Emergency Solutions Grant Coronavirus (ESG-CV) funds made available through the Coronavirus Aid, Relief, And Economic Security Act (CARES Act), and authorizing the City Manager, or his designee, to negotiate and execute an Agreement with the - 9 -
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Salvation Army in an amount not to exceed $569,546 for the operation and management of a day center, and authorizing the City Manager or his designee to execute any related documents and/or Agreements.
Resolution amending the Fiscal Year 2022-2023 multi-year fund budget to establish applicable revenue, expense, and transfer budgets for the Emergency Solutions Grant award funds and authorizing the City Manager or his designee, to take the necessary steps to implement the provisions of this Resolution.
CED; Edgar Garcia, 209-577-5211, [email protected]
NEW BUSINESS
17. Presentation on Modesto’s response to homelessness, including an update on current projects and regional partnerships. (Funding Source: Not Applicable) Staff Recommendation:
There is no staff recommendation associated with this item.
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
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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, MAY 09, 2023 AT 3:30 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 v. Shell Oil Company, et al. (TCP) Case No. CGC-20-583345
Chipponeri v. City of Modesto
Case No. 2028661
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Two Cases (Pursuant to Section 54956.9(a) of the Government Code) Name of case(s): Steve Fischio v. City of Modesto
California Workers Compensation Appeals Board
Nos. Unassigned & ADJ12517812
Job Juarez v. City of Modesto
California Workers Compensation Appeals Board
Nos. ADJ11117033, ADJ10605815, ADJ17079599
CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCEA Negotiator: Christina Alger
Employee Organization: Modesto City Employees Association - 11 -
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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 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