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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, August 08, 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 Marks, Pray Modesto
City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Proclamation declaring August 6 - 12, 2023 as National Health Center Week. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597, [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:
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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.
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
2. Consider approving the minutes from the July 11, 2023 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving the minutes from the July 11, 2023 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] - 5 -
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Consent
3. Consider approving Final Adoption of Ordinance 3766-C.S. amending title 8, chapter 3 of the Modesto Municipal Code to increase the City Manager’s authority for all Contracts and Purchases Orders from $50,000 to $100,000 for Goods/Services and $600,000 for Emergency Projects; increasing the formal bidding authority from $50,000 to $100,000; updating the list and increase the City Manager’s authority for Public Works Projects including the City Manager’s authority for Emergency Public Works contracts to $600,000; expanding the definition of Professional Services; and adding language to allow electronic bidding. (Funding Source: Not Applicable) Staff Recommendation:
Motion approving Final Adoption of Ordinance 3766-C.S. amending title 8, chapter 3 of the Modesto Municipal Code to increase the City Manager’s authority for all Contracts and Purchases Orders from $50,000 to $100,000 for Goods/Services and $600,000 for Emergency Projects; increasing the formal bidding authority from $50,000 to $100,000; updating the list and increase the City Manager’s authority for Public Works Projects including the City Manager’s authority for Emergency Public Works contracts to $600,000; expanding the definition of Professional Services; and adding language to allow electronic bidding.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
4. Consider approving Final Adoption of Ordinance 3767-C.S. amending the Modesto Municipal Code to repeal Article 18, “Regulation of Cruising,” in its entirety, from Chapter 2, “Vehicles and Traffic Regulations,” of Title 3, “Public Safety,” relating to the City’s cruising ban. (Funding Source: Not Applicable) Staff Recommendation:
Motion approving Final Adoption of Ordinance 3767-C.S. amending the Modesto Municipal Code to repeal Article 18, “Regulation of Cruising,” in its entirety, from Chapter 2, “Vehicles and Traffic Regulations,” of Title 3, “Public Safety,” relating to the City’s cruising ban.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
5. Consider approving Final Adoption of Ordinance 3768-C.S. amending the Modesto Municipal Code to add Article 21, titled “Sideshows, Street Races, and Reckless Driving Exhibition”, to Chapter 2, “Vehicles and Traffic Regulations,” to Title 3 “Public Safety”, to establish regulations and penalties related to sideshows, street races, and reckless driving exhibition. (Funding Source: Not Applicable) Staff Recommendation:
Motion approving Final Adoption of Ordinance 3768-C.S. amending the Modesto Municipal Code to add Article 21, titled “Sideshows, Street Races, and Reckless Driving Exhibition”, to Chapter 2, “Vehicles and Traffic Regulations,” to Title 3 “Public Safety”, to establish regulations and penalties related to sideshows, street races, and reckless driving exhibition.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] - 6 -
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Consent
6. Consider acknowledging Receipt of Notification of the Annual Inflationary Adjustment for Development User Fees for Fiscal Year 2023-24. (Funding Source: Development User Fees)
Staff Recommendation:
Resolution acknowledging Receipt of Notification of the Annual Inflationary Adjustment for Development User Fees for Fiscal Year 2023-24.
CED; Peter Ibrahim, 209-577-5211, [email protected] Consent
7. Consider approving a Purchase and Sale Agreement with Northern Suncrest Apartments, LLC for $21,600; a Grant Deed and Certificate of Acceptance for the Paradise Road ATP Cycle III Project. (Funding Source: Measure L) Staff Recommendation:
Resolution approving a Purchase and Sale Agreement with Northern Suncrest Apartments, LLC for partial acquisition of a 935 square foot portion of real property, located at the intersection of Paradise Road and Chicago Avenue (APN 037-050-018), in the amount of $21,600, plus closing costs, for the Paradise Road ATP Cycle III Project, and authorizing the City Manager, or his designee, to execute the Purchase and Sale Agreement and all related documents required to complete the sale and close escrow. Resolution approving a Grant Deed with Northern Suncrest Apartments, LLC for partial acquisition of a 935 square foot portion of real property, located at the intersection of Paradise Road and Chicago Avenue (APN 037-050-018), for the Paradise Road ATP Cycle III Project, and authorizing the City Manager, or his designee, to accept the Grant Deed.
Resolution approving a Certificate of Acceptance for the Grant Deed, for partial acquisition of a 935 square foot portion of real property owned by Northern Suncrest Apartments, LLC, located at the intersection of Paradise Road and Chicago Avenue (APN 037-050-018), for the Paradise Road ATP Cycle III Project and authorizing the City Manager, or his designee, to sign the Certificate of Acceptance.
ENGINEERING SERVICES; Michael Sacuskie, 209-571-5552,
[email protected]
Consent
8. Consider accepting the Automatic Transfer Switch Replacement at Sutter Wastewater Treatment Plant Project as complete, releasing securities, and releasing payments totaling $677,224 to Clyde G. Steagall, Inc., of Loomis, CA. and authorizing the City Clerk to file a Notice of Completion. (Funding Source: Wastewater Fund) Staff Recommendation:
Resolution accepting the Automatic Transfer Switch Replacement at Sutter Wastewater Treatment Plant Project as complete, releasing securities, and releasing payments totaling $677,224 to Clyde G. Steagall, Inc., of Loomis, CA., and authorizing the City Clerk to file a Notice of Completion.
ENGINEERING SERVICES; Peter Kambel, 209-577-5444, [email protected] - 7 -
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Consent
9. Consider accepting the High Voltage Improvements at Sutter Wastewater Treatment Plant Project as complete, releasing securities, and releasing payments totaling $313,873 to Clyde G. Steagall, Inc., of Loomis, CA. and authorizing the City Clerk to file a Notice of Completion. (Funding Source: Wastewater Fund) Staff Recommendation:
Resolution accepting the High Voltage Improvements at Sutter Wastewater Treatment Plant Project as complete, releasing securities, and releasing payments totaling $313,873 to Clyde G. Steagall, Inc., of Loomis, CA., and authorizing the City Clerk to file a Notice of Completion.
ENGINEERING SERVICES; Peter Kambel, 209-577-5444, [email protected] Consent
10. Consider accepting an Informational Report for the June 2023 Accounts Payable Payment Register and Void Report. (Funding Source: Not Applicable) Staff Recommendation:
Motion accepting an Informational Report for the June 2023 Accounts Payable Payment Register and Void Report.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
Consent
11. Consider accepting an Informational Report on the March and April 2023 Grant Applications and Awards. (Funding Source: Not Applicable) Staff Recommendation:
Motion accepting an Informational Report for the March and April 2023 Grant Applications and Awards.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
Consent
12. Consider accepting the Monthly Investment Report for May 2023. (Funding Source:
Various Funds)
Staff Recommendation:
Motion accepting the Monthly Investment Report for May 2023.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
Consent
13. Consider approving Task Order Number One for the Master Agreement for Consulting Services to VFA, Inc., an affiliate of The Gordian Group, Inc., (“VFA”), Greenville, SC for City of Modesto Facility Condition Assessment in an amount not to exceed $358,037 over a five-year period. (Funding Source: Measure H Funds) Staff Recommendation:
Resolution approving Task Order Number One for the Master Agreement for - 8 -
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Consulting Services to VFA, Inc., an affiliate of The Gordian Group, Inc., (“VFA”), Greenville, SC for City of Modesto Facility Condition Assessment in an amount not to exceed $358,037 over a five-year period and authorizing the City Manager, or his designee, to execute the Master Agreement Task Order Number One.
PUBLIC WORKS; Patrick Crowley, 209-402-6812, [email protected] Consent
14. Consider approving two On-Call CEQA Environmental Planning and Compliance Services Agreements with GEI Consultants, of Rancho Cordova, CA, and Montrose Environmental, of Sacramento, CA for a total not to exceed $450,000 over three years. (Funding Source: Various Capital Improvement Program Projects) Staff Recommendation:
Resolution approving an On-Call CEQA Environmental Planning and Compliance Services Agreement with GEI Consultants, of Rancho Cordova, CA, for one year, not to exceed $75,000, with two one-year extension options for a total cost not to exceed $225,000 over three years, and authorizing the City Manager, or his designee to execute the Agreement. Resolution approving an On-Call CEQA Environmental Planning and Compliance Services Agreement with Montrose Environmental, of Sacramento, CA, for one year, not to exceed $75,000, with two one-year extension options for a total cost not to exceed $225,000 over three years, and authorizing the City Manager, or his designee to execute the Agreement.
UTILITIES; Jim Alves, 209-571-5557, [email protected] Consent
15. Consider approving two On-Call Agreements for Environmental Site Assessment Services with Atlas Consulting Group, of Modesto, CA, and Tetra Tech, of Rancho Cordova, CA for a total amount not to exceed $300,000 over three years. (Funding Source: Various Capital Improvement Program Projects)
Staff Recommendation:
Resolution approving an On-Call Agreement for Environmental Site Assessment Services with Atlas Consulting Group, of Modesto, CA, for one year, not to exceed $50,000, with two one-year extension options for a total cost not to exceed $150,000 over three years, and authorizing the City Manager, or his designee to execute the Agreement.
Resolution approving an On-Call Agreement for Environmental Site Assessment Services with Tetra Tech, of Rancho Cordova, CA for one year, not to exceed $50,000, with two one-year extension options for a total cost not to exceed $150,000 over three years, and authorizing the City Manager, or his designee to execute the Agreement.
UTILITIES; Jim Alves, 209-571-5557, [email protected] Consent
16. Consider approving a Purchasing Agreement with Univar Solutions, USA Inc., Kent, WA, and Hasa Inc., Saugus, CA, for the Purchase and Delivery of Wastewater - 9 -
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Treatment Chemicals for a total amount not to exceed $199,242 over one year. (Funding Source: Sewer Operations Fund)
Staff Recommendation:
Resolution approving a Purchasing Agreement with Univar Solutions, USA Inc., Kent, WA, by utilizing the Competitive Bid Process with Bay Area Clean Water Agencies, for the Purchase and Delivery of Chemicals for Wastewater Treatment, for a one-year Agreement for a total amount not to exceed $65,325, and authorizing the Director of Finance, or her designee, to execute the Agreement.
Resolution approving a Purchasing Agreement with Hasa Inc., Saugus, CA, by utilizing the Competitive Bid Process with Bay Area Clean Water Agencies, for the Purchase and Delivery of Chemicals for Wastewater Treatment, for a oneyear Agreement for a total amount not to exceed $133,917, and authorizing the Director of Finance, or her designee, to execute the Agreement.
UTILITIES; Jason Farnsworth, 209-577-6255, [email protected]
COUNCIL COMMENTS & REPORTS
CITY MANAGER COMMENTS & REPORTS
HEARINGS
Published in the Modesto Bee on July 19, 2023.
17. Hearing to consider the Proposal to Rezone properties located at 3431 and 3419 Millbrook Avenue from Specific Plan-Holding (SP-H) Zone to Specific Plan (SP) Zone, to allow two parcels totaling 4.98-acres to be subdivided into nine residential lots, with each lot being not less than 0.50-acres. (Funding Source: Development User Fees)
Staff Recommendation:
Resolution finding that the Rezone of properties located at 3431 and 3419 Millbrook Avenue from Specific Plan-Holding Zone, SP-H, to Specific Plan Zone, SP, is within the scope of the project covered by the Modesto Urban Area General Plan Master Environmental Impact Report (SCH No. 2014042081). Motion introducing and waiving the first reading of an Ordinance amending Section 12-03-09 of the Zoning Map of the City of Modesto to rezone properties located at 3431 and 3419 Millbrook Avenue from Specific PlanHolding Zone, SP-H, to Specific Plan Zone, SP.
CED; Diana Lowrance, 209-577-5302, [email protected] Published in the Modesto Bee on July 28, 2023
18. Hearing to consider approving the Application and Issuance of a Permit to Operate as a Non-Emergency Medical Transport Company to NorCal Ambulance in the City of Modesto. (Funding Source: General Fund)
Staff Recommendation:
Resolution approving the Application of NorCal Ambulance, and authorizing the Issuance of a Permit to Operate as a Non-Emergency Medical Transport - 10 -
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Company in the City of Modesto.
POLICE DEPARTMENT; Bob Meredith, 209-572-9500, [email protected] Published in the Modesto Bee on July 28, 2023.
19. Hearing to consider an Ordinance amending Sections of Article 6 “Vacant and Boarded Buildings” of Title 9 “Building Regulations”, Chapter 9, “Property Maintenance Code,” of the Modesto Municipal Code, to enhance maintenance and security of vacant buildings and establishing a tiered fee schedule for the registration of vacant commercial buildings. (Funding Source: General Fund)
Staff Recommendation:
Motion introducing and waiving the first reading of an Ordinance amending Sections of Article 6, “Vacant and Boarded Buildings” of Title 9 “Building Regulations”, Chapter 9, “Property Maintenance Code,” of the Modesto Municipal Code, to enhance maintenance and security of vacant buildings. Resolution establishing a Tiered Fee Schedule for the Registration of Vacant Commercial Buildings.
Resolution amending the position allocation for Fiscal Year 2023-24 as adopted in the Operating Budget to add one Code Enforcement Officer II to the Neighborhood Preservation Unit Division of the Modesto Police Department. Resolution amending the Fiscal Year 2023-24 Annual Operating Budget to increase Measure H Funding for the additional Code Enforcement Officer being added to the Measure H – Neighborhood Preservation Unit Cost Center (19228) in the Measure H Fund (0160) in the amount of $93,708 and authorizing the City Manager to take the necessary steps to implement the required budget adjustments.
POLICE DEPARTMENT; Brian Kleiber, 209-572-9500, [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, AUGUST 08, 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:
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): Eduardo Corral v. City of Modesto
California Workers Compensation Appeals Board
Nos. ADJ13604168, ADJ7736988
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 - 12 -
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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