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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 27, 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: Cindy Fraze, The Church of Jesus Christ of Latter-Day Saints City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Proclamation declaring June as Portuguese Heritage Month. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597, [email protected]
2. Proclamation declaring July as Parks and Recreation Month. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597, [email protected] - 4 -
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MISCELLANEOUS
Legislation, Appointments, Other
3. Consider approving the appointments of Alexandra von Stade, Galen Carroll, Kirstie Boyett, Chris Guptill, Mike Kelly, Jesse Franco, Aaron Anguiano, Michael Moradian, and Tom Hallinan for the Measure H Oversight Board beginning June 30, 2023, to serve their respective terms. (Funding Source: Not Applicable) Staff Recommendation:
Resolution approving the appointments of Alexandra von Stade, Galen Carroll, Kirstie Boyett, Chris Guptill, Mike Kelly, Jesse Franco, Aaron Anguiano, Tom Hallinan, and Michael Moradian for the Measure H Oversight Board beginning on June 30, 2023, to serve their respective terms.
BUDGET; Steve Christensen, 209-577-5390, [email protected]
4. Consider approving the appointments of Jennifer Barillas and Camille Garcia for the City of Modesto Public Members of the Audit Committee with four-year terms with term expirations of June 30, 2027. (Funding Source: Not Applicable) Staff Recommendation:
Resolution approving the appointments of Jennifer Barillas and Camille Garcia for the City of Modesto Public Members of the Audit Committee with four-year terms with term expirations of June 30, 2027.
FINANCE DEPARTMENT; DeAnna Christensen, 209-577-5387,
[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 June 13, 2023 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving the minutes from the June 13, 2023 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
6. Consider an Ordinance amending Section 2-1.18 and adding Section 2-1.28 to Chapter 1 of Title 2 of the Modesto Municipal Code regarding the Audit Committee. (Funding Source: Not Applicable)
Staff Recommendation:
Motion introducing and waiving the first reading of an Ordinance amending Section 2-1.18 and adding Section 2-1.28 to Chapter 1 of Title 2 of the Modesto Municipal Code regarding the Audit Committee.
CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected] Consent
7. Consider approving the renewal of eight Commercial Cannabis Retail Permits for dispensaries in the City for a further two-year period ending June 30, 2025; approving a change in ownership policy for Commercial Cannabis Permits within the City of Modesto; and approving changes in ownership for Jonesa, LLC and CV Wellness, LLC. (Funding Source: Cannabis Permit Fees)
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Staff Recommendation:
Resolution approving a renewal of the eight Commercial Cannabis Retail Permits for dispensaries in the City for a further two-year period ending June 30, 2025.
Resolution approving a change in ownership policy for Commercial Cannabis Permits within the City of Modesto.
Resolution approving a change in ownership for Jonesa, LLC. Resolution approving a change in ownership for CV Wellness, LLC.
CED; Jessica Hill, 209-577-5321, [email protected]
Consent
8. Consider approving a Will Serve Letter and an Outside Service Agreement for sewer connection for the property located at 1008 Panama Drive, in unincorporated Stanislaus County just outside of the city limits of Modesto (APN: 030-015-030). (Funding Source: Sewer Fund, General Fund)
Staff Recommendation:
Resolution approving a Will Serve letter and an Outside Service Agreement between the City of Modesto and Mr. Benjamin Jimenez, a single man, to connect to the City of Modesto’s existing sewer system for the property located at 1008 Panama Drive (APN: 030-015-030), and authorizing the City Manager, or his designee, to execute the Will Serve Letter and Outside Service Agreement.
CED; Toby Wells, 209-571-5542, [email protected]
Consent
9. Consider approving the submission of a Grant Application for the Organized Retail Theft Prevention Grant Program to the Board of State and Community Corrections for up to $6.125 million in grant funds. (Funding Source: Grant Funds) Staff Recommendation:
Resolution approving the submission of a Grant Application for the Organized Retail Theft Prevention Grant Program to the Board of State and Community Corrections for up to $6.125 million in grant funds, and authorizing the City Manager, or his designee, as agent to execute and submit all documents which may be necessary for the completion of the grant application.
POLICE DEPARTMENT; Bob Meredith, 209-572-9500, [email protected] Consent
10. Consider approving an Agreement with West Yost Associates, Davis, CA, for Engineering Services for the Pump Station at Jennings Water Quality Control Plant Project for a total amount not to exceed $510,177. (Funding Source: Wastewater Fund) Staff Recommendation:
Resolution approving an Agreement with West Yost Associates, Davis, CA, for Engineering Services for the Pump Station at Jennings WQCP Project in the amount of $463,797, plus $46,380 in additional services, if needed, for a total amount not to exceed $510,177 and authorizing the City Manager, or his designee, to execute the Agreement.
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Resolution amending the Fiscal Year 2023-24 Capital Improvement Program Budget in the amount of $3,005,177 to be transferred into the Project from Wastewater Reserves to fund the Pump Station at Jennings Water Quality Control Plant Project and authorizing the City Manager, or his designee, to implement the provisions of the Resolution.
UTILITIES; Cristian Ciotau, 209-577-5260, [email protected] Consent
11. Consider approving an Agreement for the furnishing of Cathodic Protection Testing and Reporting Services to Corrpro Companies, Inc., Hayward, CA, for a total amount not to exceed $896,192 over five years. (Funding Source: Sewer Operations Fund) Staff Recommendation:
Resolution approving the Award of Bid and Agreement for the furnishing of Cathodic Protection Testing and Reporting Services to Corrpro Companies, Inc., Hayward, CA, for a two year Agreement with three one-year extension options, for an annual estimated amount of $240,000 for the first year, and a total amount not to exceed $896,192 over five years, and authorizing the City Manager, or his designee, to execute the Agreement.
UTILITIES; Jason Farnsworth, 209-577-6255, [email protected] Consent
12. Consider approving a Memorandum of Understanding (MOU) for a Mutual Pay Agreement for the Far-Field Dilution and Constituents of Emerging Concern Studies between the City of Modesto, the City of Turlock and the Del Puerto Water District to comply with State Permit requirements. (Funding Source: Sewer Operations Fund) Staff Recommendation:
Resolution approving a Memorandum of Understanding (MOU) for a Mutual Pay Agreement for the Far-Field Dilution and Constituents of Emerging Concern Studies between the City of Modesto, the City of Turlock and the Del Puerto Water District to comply with State Permit requirements and authorizing the City Manager, or his designee, to execute the Agreement.
UTILITIES; Jason Farnsworth, 209-577-6255, [email protected] Consent
13. Consider accepting the Jennings Emergency Bypass as complete, and authorizing all payments to Rain for Rent, Stockton, CA and Americore Inc., Hilmar, CA, for a total cost of $72,820. (Funding Source: Sewer Operations Fund) Staff Recommendation:
Resolution accepting the Jennings Emergency Bypass as complete and authorizing all payments totaling $62,973 to Rain for Rent, Stockton, CA, and authorizing all payments totaling $9,847 to Americore Inc., Hilmar, CA, for a total cost not to exceed $72,820, and authorizing the City Manager, or his designee, to implement the provisions of this Resolution.
UTILITIES; Jason Farnsworth, 209-577-6255, [email protected] - 8 -
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Consent
14. Consider accepting the Well 71 Surface Improvements Project as complete, releasing securities, and releasing payments totaling $2,511,017 to Conco West, Inc., Manteca, CA. (Funding Source: Water Fund)
Staff Recommendation:
Resolution accepting the Well 71 Surface Improvements Project as complete, releasing securities, and releasing payments totaling $2,511,017 to Conco West, Inc., of Manteca, 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 June 16, 2023.
15. Hearing to consider approving Fiscal Year 2023-24 Diagram and Annual Assessment, and ordering the Levy and Collection of Charges within Landscape Maintenance Assessment District No. 1 for Dry Creek Meadows Subdivisions Nos. 1-6. (Funding Source: Landscape Maintenance District No. 1)
Staff Recommendation:
Resolution approving the Fiscal Year 2023-24 Diagram and Annual Assessment, and ordering the Levy and Collection of Charges within Landscape Maintenance Assessment District No. 1 for Dry Creek Meadows Subdivisions Nos. 1-6.
CED; Peter Ibrahim, 209-577-5211, [email protected] Published in the Modesto Bee on June 16, 2023.
16. Hearing to consider approving Fiscal Year 2023-24 Diagram and Annual Assessment and ordering the Levy and Collection of Charges within Landscape Maintenance Assessment District No. 2 for Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision and Yosemite Meadows Subdivisions Units 1 and 2. (Funding Source: Landscape Maintenance District No. 2)
Staff Recommendation:
Resolution approving the Fiscal Year 2023-24 Diagram and Annual Assessment, and ordering the Levy and Collection of Charges within Landscape Maintenance Assessment District No. 2 for Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision, and Yosemite Meadows Subdivision Units 1 and 2.
CED; Peter Ibrahim, 209-577-5211, [email protected] Published in the Modesto Bee on June 16, 2023.
17. Hearing to consider approving Fiscal Year 2023-24 Diagram and Annual Assessment, and ordering the Levy and Collection of Charges within Shackelford Landscape and - 9 -
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Lighting District. (Funding Source: Shackelford Landscape and Lighting District) Staff Recommendation:
Resolution approving the Fiscal Year 2023-24 Diagram and Annual Assessment, and ordering the Levy and Collection of Charges within Shackelford Landscape and Lighting District.
CED; Peter Ibrahim, 209-577-5211, [email protected] Published in the Modesto Bee on June 16, 2023
18. Hearing to consider approving the Annual Rate Adjustment to the Maximum Rate Schedule for City Solid Waste Collection Services provided by the solid waste haulers, for an increase of $4.76 per month for residential services with weekly green/organics container collection, an increase of $1.52 per cubic yard for commercial services, and an increase of $36.82 per pull for industrial services, to become effective August 1, 2023, and rescinding Resolution No. 2022-276 for the July 1, 2022 annual rate adjustment, and adjusting the fuel rates for an adjustment of $0.04 per month for residential services, and an adjustment of $0.08 per cubic yard for commercial services, to become effective August 1, 2023, and rescinding Resolution No. 2022-277 for the July 1, 2022 annual rate adjustment, and an agreement with HF&H Consultants LLC., to conduct an audit and performance review for the solid waste haulers, to analyze the current rate setting methodology and test it for validity, and develop new rates methodology, for a total amount not to exceed $150,000. (Funding Source: General Fund, Solid Waste Fund, Geer Road Landfill Fund, Green Waste Fund,) Staff Recommendation:
Resolution approving the Annual Rate Adjustment to the Maximum Rate Schedule for City Solid Waste Collection Services provided by the solid waste haulers, for an increase of $4.76 per month for residential services with weekly green/organics container collection, an increase of $1.52 per cubic yard for commercial services, and an increase of $36.82 per pull for industrial services, to become effective August 1, 2023, and rescinding Resolution No. 2022-276 for the July 1, 2022 annual rate adjustment.
Resolution approving a quarterly fuel rate adjustment to the maximum rate schedule for City Solid Waste Collection Services provided by the haulers, for an adjustment of $0.04 per month for residential services, and an adjustment of $0.08 per cubic yard for commercial services, to become effective August 1, 2023, and rescinding Resolution No. 2022-277 for the July 1, 2022 annual rate adjustment.
Resolution approving an agreement with HF&F Consultants LLC., to conduct an audit and performance review for the solid waste haulers, to analyze the current rate setting methodology and test it for validity, and develop new rates methodology, for a total amount not to exceed $150,000 and authorizing the City Manager, or his designee, to execute the agreement.
PUBLIC WORKS; Rosene Nguyen, 209-577-5453, [email protected] - 10 -
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UNFINISHED BUSINESS
19. Consider approving the Water System Engineer’s Report prepared by West Yost as complete; the Water Rate Study prepared by Bartle Wells Associates as complete and authorizing Staff to initiate the Proposition 218 process to adjust the City’s Water Rates beginning in Fiscal Year 2023-24 through Fiscal Year 2027-28. (Funding Source: Water Fund)
Resolution approving the Water Engineer’s Report prepared by West Yost Associates as complete.
Resolution approving the Water Rate and Fee Study prepared by Bartle Wells Associates as complete.
Resolution authorizing Staff to initiate a Proposition 218 process to adjust the City’s Water Rates to be effective October 1, 2023 through Fiscal Year 2027-
28. UTILITIES; William Wong, 209-571-5801, [email protected]
NEW BUSINESS
20. Consider accepting an update on available funding for the Utility Billing Assistance Program (UBAP) with an increase to the monthly discount amount; and approving two new Utility Billing discount programs for customers who enroll in Auto-Pay and Paperless Billing for their City of Modesto Utility Bill. (Funding Source: Water and Wastewater Funds)
Staff Recommendation:
Resolution approving an update on available funding for the Utility Billing Assistance Program (UBAP) with an increase to the monthly discount amount from $35 to $45.
Resolution approving two new Utility Billing discount programs for customers who enroll in Auto-Pay and Paperless Billing for their City of Modesto Utility Bill.
FINANCE DEPARTMENT; Jeni Martin, 209-571-5892, [email protected]
21. Consider approving a successor Memorandum of Understanding (MOU) between the City of Modesto and Modesto City Police Officers Association (MPOA) for a term of July 1, 2023, to June 30, 2027; granting salary changes and benefit offerings to unrepresented sworn police management; and amending the Fiscal Year 2023-24 Operating Budget. (Funding Source: General Fund, Traffic Safety Fund, American Rescue Plan Act Fund)
Staff Recommendation:
Resolution approving an agreement including language changes for a successor Memorandum of Understanding (MOU) between the City of Modesto and the Modesto Police Officers Association (MPOA) for a term of July 1, 2023, to June 30, 2027, and related salary schedules; and authorizing the City Manager or designee to take the necessary administrative action to implement the agreement.
Resolution approving salary changes for Unrepresented Sworn Police - 11 -
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Management and Confidential employees, including executives consistent with those in represented units, effective June 20, 2023, as set forth in attached Exhibit A, “Summary of Salary Ranges and Schedules for Unrepresented Sworn Management and Non-Sworn Management and Confidential Employees, Including Charter Officers and Executives”; amending the Summary of Salary Ranges and Schedules previously approved by Resolution 2023-288, and authorizing the City Manager or designee to take the necessary administrative action to implement the provisions of this resolution.
Resolution approving changes to benefit offerings for Unrepresented Sworn Police Management and Confidential employees, including 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 amending the fiscal year 2023-24 annual operating budget for the necessary adjustments required to appropriate the funds for the approved Memorandum of Understanding (MOU) between the City of Modesto and Modesto City Police Officers Association (MPOA) for the term of July 1, 2023, through June 30, 2027; 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
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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, JUNE 27, 2023 AT 4:45 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:
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: ALL US TACOS, INC. v. CITY OF MODESTO
Stanislaus County Superior Court
Case No.: CV-23-001171
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
at by
date time signature