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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, September 26, 2023 at 5:30 PM
Roll Call - Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
“Wordly” can translate into 25+ different languages! To access written translation during the meeting, please scan the QR Code or click this link https://attend.wordly.ai/join/RJDY-6364.
"Wordly" puede traducir a más de 25 idiomas diferentes! Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace https://attend.wordly.ai/join/RJDY-6364.
THIS MEETING WILL BE PHYSICALLY OPEN TO THE PUBLIC AND BY ZOOM
VIDEO CONFERENCING AND TELEPHONE
Effective March 1, 2023, if a technical issue arises with Zoom or the phone dial-in option, the City Council meeting will continue unless the meeting is being held pursuant to the provisions of Assembly Bill 2449. Alternative viewing options are listed below and the meeting is physically open to the public.
You may observe a livestream of the meeting at http://media.modestogov.com. You may also participate in the meeting as indicated below.
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PARTICIPATING IN CITY COUNCIL MEETINGS
As a courtesy, the City of Modesto is providing alternatives to view Council meetings and provide public comments. If you wish to make either a general public comment or to comment on a specific agenda item, you may use one of the following options:
SUBMITTING COMMENTS BY E-MAIL
Written comments may be submitted via email to: [email protected] (include Agenda Item Number in the subject line). All comments will be shared with the Councilmembers and placed in the record, but will not be read aloud during the meeting. Written comments must be received two hours before the meeting.
VIRTUAL PARTICIPATION BY ZOOM VIDEO
CONFERENCING AND TELEPHONE
Joining the City Council meeting via Zoom
The City of Modesto is now offering the ability to view and participate in Council meetings via telephonic conferencing via “Zoom” video conferencing computer technology. The meeting may be accessed through the use of Zoom using the following options:
Enter the following link into an Internet Browser
https://us02web.zoom.us/j/86945970570,
Enter the following link into an Internet Browser https://zoom.us/ and using the Webinar ID 869 4597 0570
Passcode 84326
To use Zoom, please visit: https://zoom.us/ and either sign-up for a free Zoom account or continue as a guest. Once you have downloaded the app onto your mobile device, joined from your web browser, or downloaded the Zoom software on your computer you will be ready for the upcoming Council meeting.
Joining the City Council meeting via Telephone
If you don’t have a smart phone or computer to access the meeting via Zoom, you can participate by phone, by calling 1-877-853-5257 (Toll Free) or 1-888-475-4499 (Toll Free) and enter the Webinar ID 869 4597 0570 Passcode 84326
Providing Public Comment on Zoom and by Telephone
The Mayor will request public comment during the Public Comment periods on the meeting agendas and during each Public Hearing and Regular Calendar Item on the Council Agenda.
Once the Mayor has announced the public comment period, please do one of the following.
USING A COMPUTER OR SMART PHONE APP:
Click on the “Raise Hand” feature in the webinar controls. This will notify City staff that you have raised your hand.
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City staff will unmute your microphone when it is your turn to provide public comment.
A prompt will appear to confirm you would like to be unmuted and then you will have three minutes to provide public comment.
Once your public comment has ended, you will be muted again.
USING A REGULAR PHONE (not using a computer or smart phone APP):
Dial *9 (star 9), this will notify City staff that you have “raised your hand” for public comment.
City staff will unmute your microphone when it is your turn to provide public comment.
You will hear “you are unmuted” and then you will have three minutes to provide public comment.
Once your public comment has ended, you will be muted again. If your phone is unmuted, and you are unable to be heard, the host may ask that you Dial *6 to toggle mute on/off in Zoom.
Additional Zoom resources/support
Please visit Zoom’s website support page on helpful tips to prepare for the meeting:
https://support.zoom.us/hc/en-us/categories/201146643
Pledge of Allegiance to the Flag
Invocation: Scott Nelson, Covenant Grove Church
City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Proclamation declaring October 2023 as National Domestic Violence Awareness Month. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597, [email protected]
2. Proclamation declaring October 8-14, 2023 as National Fire Prevention Week. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597, [email protected] - 4 -
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PUBLIC COMMENT PERIOD
Please refer to the special comment instructions above.
Three-minute time limit per speaker
Only interested persons in the audience may present these matters. Under State law, Councilmembers may respond to matters being presented under this item only as follows:
a. Briefly respond to statements made or questions raised. b. Ask a question for clarification.
c. Provide a reference to staff or other resources for factual information. d. Request staff to report back at a subsequent meeting. e. Finally, a Councilmember or the Council itself may take action to direct staff to place a matter of business on a future agenda.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
Information concerning the consent items listed below has been forwarded to each Councilmember prior to this meeting for study. Unless some member of the audience or Councilmember has a question concerning an item and asks that it be withdrawn from the consent list, the Council approves the items at one time. The action taken by the Council in approving consent items is set forth in the explanation of this individual item.
Any and all of the following agenda items are subject to action by the Modesto City Council.
This Agenda is on file 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.
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Consent
3. Consider approving the minutes from the September 12, 2023 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving the minutes from the September 12, 2023 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
4. Consider approving a Will Serve Letter and Outside Service Agreement for Water Service for the property located at 1240 Ohio Avenue (APN: 007-049-012). (Funding Source: Water Fund, General Fund)
Staff Recommendation:
Resolution approving a Will Serve Letter and Outside Service Agreement between the City of Modesto and David Word and Sovauhna Word, husband and wife, to connect to the City of Modesto’s existing water system for the property located at 1240 Ohio Avenue in Modesto (APN: 007-049-012), and authorizing the City Manager, or his designee, to sign the Will Serve Letter and execute the Outside Service Agreement.
ENGINEERING SERVICES; Toby Wells, 209-571-5542, [email protected] Consent
5. Consider accepting the Rebid Sutter Sanitary Sewer Trunk Rehabilitation Project, Phase 1 as complete, releasing securities, and releasing payments totaling $3,428,253 to Mozingo Construction, Inc., of Oakdale, CA., and authorizing the City Clerk to file a Notice of Completion. (Funding Source: Wastewater Fund) Staff Recommendation:
Resolution accepting the Rebid Sutter Sanitary Sewer Trunk Rehabilitation Project, Phase 1 Project as complete, releasing securities, and releasing payments totaling $3,428,253 to Mozingo Construction of Oakdale, CA., and authorizing the City Clerk to file a Notice of Completion.
ENGINEERING SERVICES; Peter Kambel, 209-577-5444, [email protected] Consent
6. Consider an Ordinance amending sections of Title 8, Chapter 3 of the Modesto Municipal Code to increase the City Manager’s authority for all contracts and purchase orders from $50,000 to $100,000 for goods/services; increasing the City Manager’s authority for all emergency projects, purchases and services; increasing the formal bidding authority from $50,000 to $100,000; expanding the definition of professional services; and adding language to allow for electronic bidding and rescinding the First Reading of the Ordinance approved by Council on July 11, 2023. (Funding Source: Not Applicable)
Staff Recommendation:
Motion introducing and waiving the first reading of an Ordinance amending sections of Title 8, Chapter 3 of the Modesto Municipal Code to increase the City Manager’s authority for all contracts and purchase orders from $50,000 to $100,000 for goods/services; increasing the City Manager’s authority for all - 6 -
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emergency projects, purchases and services; increasing the formal bidding authority from $50,000 to $100,000; expanding the definition of professional services; and adding language to allow for electronic bidding and rescinding the First Reading of the Ordinance approved by Council on July 11, 2023.
FINANCE DEPARTMENT; DeAnna Christensen, 209-577-5387,
[email protected]
Consent
7. Consider approving the First Amendment for On-Call Plumbing Services with Champion Industrial Contractors, Inc., Modesto, CA to a revised total amount of $432,370 through the term of the Agreement. (Funding Source: General Fund, Utility Funds, Centre Plaza, Golf Fund and Building Services Fund) Staff Recommendation:
Resolution approving the First Amendment for On-Call Plumbing Services with Champion Industrial Contractors, Inc., Modesto, CA to increase the Agreement amount by $86,250 to a total revised amount not to exceed $432,370 through the Term of the Agreement, extending the Term Date from November 5, 2023, to May 5, 2024, and authorizing the City Manager or his designee to execute the Amendment.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] Consent
8. Consider accepting an Informational Report for the July 2023 Accounts Payable Payment Register and Void Report. (Funding Source: Not Applicable) Staff Recommendation:
Motion accepting an Informational Report for the July 2023 Accounts Payable Payment Register and Void Report.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
Consent
9. Consider accepting the Annual Investment Report for Fiscal Year 2022-2023. (Funding Source: Various Funds)
Staff Recommendation:
Motion accepting the Annual Investment Report for Fiscal Year 2022-2023.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
Consent
10. Consider accepting a report detailing City personal property sold, donated, or disposed of during Fiscal Year 2022-23. (Funding Source: Various Funds) Staff Recommendation:
Motion accepting a report detailing all personal property sold, donated, or disposed of during Fiscal Year 2022-23.
FINANCE DEPARTMENT; Vanessa Ferrel, 209-571-5174, [email protected] - 7 -
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Consent
11. Consider approving a report on Fiscal Year 2022-2023 unclaimed funds of $11,601 that can be transferred to the General Fund. (Funding Source: General Fund) Staff Recommendation:
Resolution claiming Fiscal Year 2022-2023 unclaimed funds of $11,601 held in the City’s trust fund for more than three years and authorizing the transfer to the General Fund.
FINANCE DEPARTMENT; Vanessa Ferrel, 209-571-5174, [email protected] Consent
12. Consider approving the Fiscal Year 2022-23 Write-Off and Adjustments Reports through Fiscal Year-end June 30, 2023, in the total amount of $1,310,155. (Funding Source: Various Funds)
Staff Recommendation:
Resolution approving the 2022-2023 Write-Off and Adjustments Reports through Fiscal Year end June 30, 2023 in the total amount of $1,310,155 and directing a Report of Disposition to be filed with the City Clerk.
FINANCE DEPARTMENT; Vanessa Ferrel, 209-571-5174, [email protected] Consent
13. Consider accepting the Board of State and Community Corrections Organized Retail Theft Prevention Grant in the amount of $6,003,419 in grant funds. (Funding Source:
Not Applicable)
Staff Recommendation:
Resolution accepting the Board of State and Community Corrections (BSCC) Organized Retail Theft Prevention Grant in the amount of $6,003,419 in grant funds with no match requirement, and authorizing the City Manager, or his designee, to execute and submit all documents which may be necessary for the completion of the grant acceptance.
Resolution amending the Fiscal Year 2023-2024 annual Operating and MultiYear Project Budget to appropriate revenue and expenses in the amount of $6,003,419 related to the Board of State and Community Corrections Organized Retail Theft Prevention Grant; and authorizing the City Manager, or his designee, to take the necessary steps to implement the required budget adjustment.
Resolution amending the Position Allocation for Fiscal Year 2023-2024 as adopted in the operating budget.
POLICE; Bob Meredith, 209-572-9500, [email protected] Consent
14. Consider approving an Agreement for Building Intrusion Alarm Services to Audeamus DBA Sebastian, Fresno, CA, for a total amount not to exceed $83,998 over five years. (Funding Source: Building Maintenance Fund)
Staff Recommendation:
Resolution approving the Award of Bid and Agreement for Building Intrusion Alarm Services to Audeamus DBA Sebastian, Fresno, CA, for a two-year - 8 -
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Agreement with three one-year extension options, for an annual estimated amount of $33,149 for the first year and a total amount not to exceed $83,998 over five years, with any new site additions, removals or substantive service changes to be authorized by the Director of Finance, or her designee, and authorizing the City Manager, or his designee, to execute the Agreement.
PUBLIC WORKS; Patrick Crowley, 209-402-6812, [email protected] Consent
15. Consider the submittal of a Grant Application(s) to the State of California Strategic Growth Council to support investment in sustainability and climate change mitigation. (Funding Source: Solid Waste Funds)
Staff Recommendation:
Resolution authorizing the submittal of a Grant Application(s) to the State of California Strategic Growth Council to support investment in sustainability and climate change mitigation, and authorizing the City Manager, or his designee, to sign grant applications and related documents.
PUBLIC WORKS; Rosene Nguyen, 209-577-5453, [email protected]
COUNCIL COMMENTS & REPORTS
CITY MANAGER COMMENTS & REPORTS
HEARINGS
Published in the Modesto Bee on August 16, 2023 - Continued from September 12, 2023
16. Hearing to consider acceptance of the City of Modesto’s Consolidated Annual Performance Evaluation Report for Program Year 2022-2023. (Funding Source:
Various HUD Funding Sources)
Staff Recommendation:
Resolution approving the City of Modesto’s Consolidated Annual Performance Evaluation Report for Program Year 2022-2023 and authorizing the City Manager or his designee, to sign the required documents for submittal to the U.S. Department of Housing and Urban Development.
CED; Jessica Hill, 209-577-5321, [email protected]
Published in the Modesto Bee on September 7, 2023.
17. Hearing to consider approving the Earth Day in the Park Event Fee Schedule. (Funding Source: Solid Waste Fund)
Staff Recommendation:
Resolution approving the Earth Day in the Park Event Fee Schedule, and authorizing the Public Works Director, or his designee, to adjust fees.
PUBLIC WORKS; Rosene Nguyen, 209-577-5453, [email protected] - 9 -
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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, SEPTEMBER 26, 2023 AT 4:15 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: Chipponeri v. City of Modesto
Case No. 2028661
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Two Cases (Pursuant to Section 54956.9(a) of the Government Code) Name of case(s): Gerald Bunch v. City of Modesto
California Workers Compensation Appeals Board
Nos. ADJ14606157, ADJ14647656 & ADJ15874633
Thomas Gales v. City of Modesto
California Workers Compensation Appeals Board
Nos. ADJ8887460
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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