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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, June 13, 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: Dallas Jackson, Renew Church
City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Proclamation declaring June 19, 2023 as Juneteenth Day. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]
MISCELLANEOUS
Legislation, Appointments, Other
2. Consider appointing Evan Yoshino to the Board of Building Appeals with a term expiration of January 1, 2027. (Funding Source: Not Applicable) Staff Recommendation:
Resolution appointing Evan Yoshino to the Board of Building Appeals with a term expiration date of January 1, 2027.
CED; Oscar Diaz, 209-577-5232, [email protected]
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3. Consider accepting the resignation of Monica Valencia from the City of Modesto Culture Commission. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution accepting the resignation of Monica Valencia from the City of Modesto Culture Commission.
PRN; Ashley Weaver, 209-577-5428, [email protected]
4. Consider appointing former Culture Commission member Dewey Bedford to fill one Modesto Resident vacancy on the Culture Commission for a partial second term, from July 1, 2023 through December 31, 2024 (Funding Source: Not Applicable) Staff Recommendation:
Resolution appointing former Culture Commission member Dewey Bedford to fill one Modesto Resident vacancy on the Culture Commission with a partial term from July 1, 2023 through December 31, 2024.
PRN; Ashley Weaver, 209-577-5428, [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 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.
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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 June 6, 2023 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving the minutes from the June 6, 2023 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
6. Consider accepting the Public Improvements made by Public Storage, Inc. release securities upon expiration of statutory periods, and initiate reimbursement in the amount of $477,126 as outlined in the Acquisition and Shortfall Agreement. (Funding Source: City of Modesto Community Facilities District No. 2004-1 (Village One #2)) Staff Recommendation:
Resolution accepting the Public Improvements made by Public Storage, Inc. at the south side of Sylvan Avenue between Elsakr Way and Wood Sorrel Drive as complete, release securities upon expiration of statutory periods, and initiate reimbursement for improvements in the amount of $477,126 as outlined in the Acquisition and Shortfall Agreement.
CED; Peter Ibrahim, 209-577-5211, [email protected] Consent
7. Consider approving an Agreement with Hinderliter, de Llamas & Associates (HdL), Brea, CA for Cannabis Consulting Services for a total amount not to exceed $784,050 over three years. (Funding Source: Cannabis Business Permit Fee and Various Funds) Staff Recommendation:
Resolution approving an Agreement with Hinderliter, de Llamas & Associates, Brea, CA by utilizing the City of Hesperia Agreement for Cannabis Consulting Services for a two year Agreement with one one-year extension option, for an annual estimated amount of $261,350 and a total amount not to exceed $784,050 over three years; and authorizing the City Manager, or his designee, - 6 -
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to execute the Agreement.
FINANCE DEPARTMENT; Gina Brown, 209-577-5381, [email protected] Consent
8. Consider approving an Agreement with American Chiller Service, Inc. for HVAC Maintenance and Emergency Repairs for the Modesto Centre Plaza for a total amount not to exceed $375,000 over five years. (Funding Source: Centre Plaza Fund) Staff Recommendation:
Resolution approving the Agreement with American Chiller Inc. for HVAC Maintenance and Emergency Repairs for the Modesto Centre Plaza for a twoyear Agreement with three one-year extension options, for an annual estimated amount of $75,000, and a total amount not to exceed $375,000 over five years; and authorizing the City Manager or his designee to execute the Agreement.
PRN; Laurie Smith, 209-577-5437, [email protected]
Consent
9. Consider authorizing staff to apply for all Electric Vehicle Charging Station Grants. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution approving staff to apply for all Electric Vehicle Charging Station Grants available and authorizing the City Manager, or his designee, to sign and execute Grant Applications and related documents.
PUBLIC WORKS; Patrick Crowley, 209-342-2274, [email protected] Consent
10. Consider authorizing the submittal of application(s) to the United States Department of Agriculture, Composting and Food Waste Grant Program. (Funding Source: Solid Waste Fund)
Staff Recommendation:
Resolution authorizing the submittal of application(s) to the United States Department of Agriculture, Composting and Food Waste Grant Program, and authorizing the City Manager, or his designee, to sign grant applications and related documents.
PUBLIC WORKS; Rosene Salmo, 209-577-5453, [email protected] Consent
11. Consider approving Prequalified Engineering Consultant Lists for Water, Wastewater, and Storm Drain for various Capital Improvement Projects for a period of three years, with two one-year extensions options. (Funding Source: Various Capital Improvement Program Projects)
Staff Recommendation:
Resolution approving a Prequalified Consultant List with Carollo Engineers, West Yost Associates, BKF and Woodard and Curran for Water, Wastewater, and Storm Drain Engineering Services for various Capital Improvement Program Projects for a period of three years, with two one-year extensions options at the written approval of the Utilities Director. - 7 -
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UTILITIES; Cristian Ciotau, 209-577-5260, [email protected] Consent
12. Consider approving the Second Amendment to the Purchasing Agreement with All Season Lawn Landscaping for Lawn Maintenance Services for Water Wells and Tanks to a revised total amount of $402,671 and extending the term of the Agreement to December 31, 2023. (Funding Source: Water Fund)
Staff Recommendation:
Resolution approving the Second Amendment to the Purchasing Agreement with All Season Lawn Landscaping, Escalon, CA, for Lawn Maintenance Services for Water Wells and Tanks, increasing the total amount of $357,671 by $45,000 for a new total amount not to exceed $402,671, and extending the term of the Agreement from June 25, 2023 to December 31, 2023; and authorizing the City Manager, or his designee to execute the Second Amendment.
UTILITIES; Jeff Daniels, 209-342-4585, [email protected] Consent
13. Consider approving an Agreement with Envirogen Technologies for a Dual MinX Regenerable Ion Exchange Treatment System for a total amount not to exceed $1,660,348. (Funding Source: Water Fund)
Staff Recommendation:
Resolution approving an Agreement with Envirogen Technologies, Inc., Rancho Cucamonga, CA, for a Dual MinX Regenerable Ion Exchange Treatment System in the amount of $1,509,407, plus $150,941 in additional services and materials if needed, for a total amount not to exceed $1,660,348 and authorizing the City Manager, or his designee to execute the Agreement. Resolution amending the Fiscal Year 2022-23 Capital Improvement Project Multi-Year Budget in the amount of $1,785,348 to be transferred into the Project from Water Reserves to fund and authorizing the City Manager, or his designee, to implement the provisions of this Resolution.
UTILITIES; Jeff Daniels, 209-342-4585, [email protected]
COUNCIL COMMENTS & REPORTS
CITY MANAGER COMMENTS & REPORTS
HEARINGS
Published in the Modesto on June 2, 2023
14. Hearing to consider approving the application and issuance of a Permit to operate as a Non-Emergency Medical Transport Company to America West Medical Transportation, Inc in the City of Modesto. (Funding Source: General Fund) Staff Recommendation:
Resolution approving the application of America West Medical Transportation, Inc., and authorizing the issuance of a Permit to operate as a Non-Emergency - 8 -
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Medical Transport Company in the City of Modesto.
POLICE DEPARTMENT; Bob Meredith, 209-572-9500, [email protected] Published in the Modesto Bee on June 2, 2023.
15. Hearing to consider approving the application and issuance of a Permit to operate as a Non-Emergency Medical Transport Company to Quality Care Transportation, Inc in the City of Modesto. (Funding Source: General Fund)
Staff Recommendation:
Resolution approving the application Quality Care Transportation, Inc. and authorizing the issuance of a Permit to operate as a Non-Emergency Medical Transport Company in the City of Modesto.
POLICE DEPARTMENT; Bob Meredith, 209-572-9500, [email protected]
NEW BUSINESS
16. Consider approving an Agreement including language changes for a successor Memorandum of Understanding (MOU) between the City of Modesto and Modesto City Employees Association (MCEA), Modesto Confidential and Management Association (MCMA), and Modesto Police and Fire Non-Sworn Association (MPNSA) all for terms of July 1, 2023, through June 30, 2027 (Funding Source: All Funds) Staff Recommendation:
Resolution approving an Agreement including language changes for a successor Memorandum of Understanding (MOU) between the City of Modesto and the Modesto City Employees Association (MCEA) for a term of July 1, 2023, to June 30, 2027; and authorizing the City Manager or designee to take the necessary administrative action to implement the Agreement. Resolution approving an Agreement including language changes for a successor Memorandum of Understanding (MOU) between the City of Modesto and the Modesto Confidential and Management Association (MCMA) for a term of July 1, 2023, to June 30, 2027; and authorizing the City Manager or designee to take the necessary administrative action to implement the Agreement. Resolution approving an Agreement including language changes for a successor Memorandum of Understanding (MOU) between the City of Modesto and the Modesto Police and Fire Non-Sworn Association (MPNSA) for a term of July 1, 2023, to June 30, 2026, and authorizing the City Manager or designee to take the necessary administrative action to implement the Agreement. Resolution approving changes to benefit offerings for unrepresented NonSworn Management and Confidential Employees, including Charter Officers and Executives consistent with those in represented units as set forth in attached exhibit A, “Summary of Benefit Offerings for Unrepresented Sworn Management and Non-Sworn Management and Confidential Employees, including Charter Officers and Executives”; and authorizing the City Manager or designee to take the necessary administrative action to implement the provisions of this resolution.
Resolution approving salary changes for Unrepresented Non-Sworn Management and Confidential Employees, including Charter Officers and - 9 -
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Executives consistent with those in represented units, effective June 20, 2023; superseding Resolution No. 2022-267, and authorizing the City Manager or designee to take the necessary administrative action to implement the provisions of this resolution.
Resolution amending the Class Range Table for General Classes to amend the salary range based on the labor market study
Resolution amending the Class Range Table for Represented Management and Confidential Non-Sworn Classes to amend the salary range based on the labor market study
Resolution amending the Class Range Table for Public Safety Non-Sworn Classes to amend the salary range based on the labor market study Resolution amending the Class Range Table for Executive Management Classes to amend the salary range based on the labor market study Resolution amending the Class Range Table for Unrepresented Management and Confidential Non-Sworn Classes to amend the salary range based on the labor market study
Resolution amending the Fiscal Year 2023-24 Annual Operating Budget for the Memorandum of Understanding (MOU) Agreements and authorizing the City Manager to take the necessary steps to implement the required budget adjustments
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, JUNE 13, 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 - 10 -
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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: Estate of Kim Jackson et al. v. City of Modesto, et al.
United States Eastern District
Case No.: 1:21-cv-00415-AWI-EPG
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(a) of the Government Code) Name of case(s): Michael Karsner v. City of Modesto
California Workers Compensation Appeals Board
Nos. ADJ11774059, ADJ12373958
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 - 11 -
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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