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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 23, 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: Pat Nagle, Redeemer
City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Youth Commission Presentation (Funding Source: Not Applicable) PRN; Laurie Smith, 209-577-5347, [email protected]
2. Presentation of Certificate of Recognition to Pacific Southwest Container in honor of their 50th Anniversary. (Funding Source: Not Applicable) CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]
MISCELLANEOUS
Legislation, Appointments, Other
3. Consider accepting the resignation of A’Kia Walker from the City of Modesto’s Equity Commission. (Funding Source: Not Applicable)
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Staff Recommendation:
Resolution accepting the resignation of A’Kia Walker from the City of Modesto’s Equity Commission.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected]
4. Consider approving the appointments of Frank Damrell, Kenneth Bryant, Nico Solorio, Latricia Beasley Day, Austin Grant, Nancy Smith, Brad Hawn, Trish Christensen, and Wendy Byrd for the Community Police Review Board beginning on June 15, 2023, to serve their respective terms, and approving the six applicants to serve as primary reserve candidates to be considered for appointment if a vacancy occurs within 12 months of the CPRB’s initial establishment. (Funding Source: Not Applicable) Staff Recommendation:
Resolution approving the appointments of Frank Damrell, Kenneth Bryant, Nico Solorio, Latricia Beasley Day, Austin Grant, Nancy Smith, Brad Hawn, Trish Christensen, and Wendy Byrd for the Community Police Review Board beginning on June 15, 2023, to serve their respective terms, and approving the six applicants to serve as primary reserve candidates to be considered for appointment if a vacancy occurs within 12 months of the CPRB’s initial establishment.
CITY MANAGER; Allison Van Guilder, 209-577-5228, [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. - 5 -
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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.
Consent
5. Consider approving the minutes from the May 9, 2023 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving the minutes from the May 9, 2023 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
6. Consider approving a Legal Services Agreement with Swingle, Van Egmond & Heitlinger in an amount not to exceed $250,000 for representation in tort cases. (Funding Source: General Liability Insurance Fund)
Staff Recommendation:
Resolution approving a Legal Services Agreement with Swingle, Van Egmond & Heitlinger in an amount not to exceed $250,000 to continue representing the City of Modesto in tort cases, and authorizing the City Manager or his designee, to execute the Agreement.
CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected] Consent
7. Consider approving a Third Amendment to the Agreement with Associated Right of Way Services, Inc. for additional Right-Of-Way Services for the Hetch Hetchy and Claratina Avenue Structural Crossing Project, increasing the Agreement by $19,460 from $57,585 for new total amount not to exceed $77,045. (Funding Source: Streets Capital Facility Fees)
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Staff Recommendation:
Resolution approving a Third Amendment to the Agreement with Associated Right of Way Services, Inc. for the Hetch Hetchy and Claratina Avenue Structural Crossing Project, increasing the Agreement amount by $19,460, from $57,585 to a new total amount not to exceed $77,045, and authorizing the City Manager, or his designee to execute the Third Amendment.
CED; Phillip Soares, 209-577-5258, [email protected] Consent
8. Consider accepting an Informational Report on the January and February 2023 Grant Applications and Awards. (Funding Source: Not Applicable) Staff Recommendation:
Motion accepting an Informational Report for the January and February 2023 Grant Applications and Awards.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
Consent
9. Consider approving a Memorandum of Understanding (MOU) with Stanislaus County, Stanislaus Consolidated Fire Protection District, the Modesto Fire Department (MFD), City of Turlock and the City of Ceres to continue providing County-Wide Fire Investigation Services (Funding Source: General Fund)
Staff Recommendation:
Resolution approving a Memorandum of Understanding (MOU) with Stanislaus County, Stanislaus Consolidated Fire Protection District, the Modesto Fire Department, City of Turlock and the City of Ceres to continue providing County-Wide Fire Investigation Services; and authorizing the City Manager, or his designee, to execute the MOU.
FIRE DEPARTMENT; Alan Ernst, 209-572-9590, [email protected] Consent
10. Consider approving a First Amendment to the Agreement with O’Dell Engineering, Inc. for additional tasks related to Permitting and Construction Support for the Tuolumne River Regional Park (TRRP) Non-Motorized Boat Launch and River Access Facility Project located at Neece Drive, for a new amount not to exceed $159,731. (Funding Source: Non-Motorized Boating Facilities Grant Program Funds and TRRP CIP Fund)
Staff Recommendation:
Resolution approving a First Amendment to the Agreement with O’Dell Engineering, Inc. for additional tasks related to Permitting and Construction Support for the Tuolumne River Regional Park (TRRP) Non-Motorized Boat Launch and River Access Facility Project located at Neece Drive, increasing the Agreement amount by $15,000 from $144,731 to a new total amount not to exceed $159,731 and authorizing the City Manager, or his designee, to execute the Amendment.
PRN; Nathan Houx, 209-571-5526, [email protected]
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Consent
11. Consider approving a First Amendment to the Agreement with O’Dell Engineering, Inc. for additional tasks related to the preparation of construction documentation for the César E. Chavez Renovation Project for a new total amount not to exceed $880,667. (Funding Source: Statewide Park Development and Community Revitalization Program - Proposition 68)
Staff Recommendation:
Resolution approving a First Amendment to the Agreement with O’Dell Engineering, Inc. for additional tasks related to the preparation of construction documentation for the César E. Chavez Renovation Project, increasing the Agreement amount by $80,950, for a new contract amount of $838,730, plus $41,937 in Additional Services (if needed) for a new total amount not to exceed $880,667 and authorizing the City Manager, or his designee, to execute the Amendment.
PRN; Nathan Houx, 209-571-5526, [email protected]
Consent
12. Consider accepting the Synchronization Downtown 2015 Project as complete. (Funding Source: Congestion Mitigation and Air Quality (CMAQ)) Staff Recommendation:
Resolution accepting the Synchronization Downtown 2015 Project as complete and authorizing the City Clerk to complete all necessary steps to file the appropriate notices and documents with the County Recorder.
PUBLIC WORKS; Mark Murphy, 209-577-5431, [email protected] Consent
13. Consider approving the First Amendment with Pyro Combustion of California, Oakdale, CA. for Annual Boiler Services for a revised total amount not to exceed $250,000. (Funding Source: Sewer Operations Fund)
Staff Recommendation:
Resolution approving the First Amendment to the Agreement with Pyro Combustion of California, Oakdale, CA, for Annual Boiler Services, increasing the Agreement amount by $200,000 from $50,000, for a new total amount not to exceed $250,000, and authorizing the City Manager, or his designee to execute the Amendment.
UTILITIES; Jason Farnsworth, 209-577-6255, [email protected] Consent
14. Consider accepting the Emerald Sewer Main Emergency Repair as complete, and authorizing all payments to Rolfe Construction, Atwater, CA and Krazan & Associates, Inc., Clovis, CA, for a total cost of $66,284. (Funding Source: Sewer Operations Fund) Staff Recommendation:
Resolution accepting the Emerald Sewer Main Emergency Repair as complete, and authorizing all payments totaling $65,429 to Rolfe Construction, Atwater, CA, and authorizing all payments totaling $855 to Krazan and Associates, Inc., - 8 -
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Clovis, CA, for a total cost of $66,284, and authorizing the City Manager, or his designee, to implement the provisions of this Resolution.
UTILITIES; Jason Farnsworth, 209-577-6255, [email protected] Consent
15. Consider rejecting all bids for the La Loma Sewer Replacement Phase 1 Project and authorizing staff to re-advertise the project for bids at a future date. (Funding Source:
Wastewater Fund)
Staff Recommendation:
Resolution rejecting all bids for the La Loma Sewer Replacement Phase 1 Project, and authorizing staff to re-advertise the project for bids at a future date.
UTILITIES; Cristian Ciotau, 209-577-5260, [email protected]
COUNCIL COMMENTS & REPORTS
CITY MANAGER COMMENTS & REPORTS
UNFINISHED BUSINESS
16. Consider approving a Professional Services Agreement for Independent Police Auditor (IPA) Services with OIR Group, Playa del Rey, CA for a total amount not to exceed $451,000 over five years. (Funding Source: General Fund) Resolution approving a Professional Services Agreement for Independent Police Auditor (IPA) Services with OIR Group, Playa del Rey, CA for a twoyear period with an option for three 1-year extension options for an annual estimated amount of $85,000 and a total amount not to exceed $451,000 over five years; and authorizing the City Manager, or his designee to execute the Agreement.
CITY MANAGER; Allison Van Guilder, 209-577-5228, [email protected]
HEARINGS
Published in the Modesto Bee on May 3, 2023
17. Hearing to consider approving an Amendment to Planned Development Zone P-D (487) to allow one- or two- story residential dwelling units, property located on Chicago Avenue west of Jeelu Way. (Funding Source: Developer Funded) Staff Recommendation:
Motion introducing and waiving the first reading of an Ordinance to amend Planned Development Zone, P-D (487), property located on Chicago Avenue west of Jeelu Way.
Resolution approving a development plan for Planned Development Zone, P-D (487).
Resolution finding that the following subsequent project is within the scope of the project covered by the Modesto Urban Area General Plan Master Environmental Impact Report (SCH No. 2014042081): Amendment to P-D (487) to allow one- or two-story residential dwelling units, property located on - 9 -
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Chicago Avenue west of Jeelu Way.
CED; Edwin Borquez, 209-577-5267, [email protected]
NEW BUSINESS
18. Consider and review the Draft Budget as submitted by the City Manager with the Mayor’s Final Budget Modifications and combining the documents into the Proposed Budget for Fiscal Year 2023-24 and noticing a Public Hearing to be held on June 6, 2023, for Council’s consideration and adoption of the Fiscal Year 2023-24 Proposed Budget and related actions. (Funding Source: All City Funds) Staff Recommendation:
Resolution combining the City Manager’s Draft Budget and the Mayor’s Final Budget Modifications into the Proposed Budget for Fiscal Year 2023-24 and noticing a Public Hearing to be held on June 6, 2023 for Council’s consideration and adoption of the Fiscal Year 2023-24 Proposed Budget and related actions.
BUDGET; Steve Christensen, 209-577-5390, [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, MAY 23, 2023 AT 4:00 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:
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CLOSED SESSION
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Pursuant to Section 54957 of the Government Code)
Title: City Clerk
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: Stephanie Lopez v. City of Modesto, et al.
Superior Court of California, County of Stanislaus
Stanislaus County Case No.: CV-21-00925
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 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 - 11 -
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Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
at by
date time signature