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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, November 07, 2023 at 5:30 PM
Roll Call - Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
* Public Comment will only be in-person. Members of the public who wish to address the Council, by providing public comment, during the meeting must do so in-person in the Council Chambers.
As an alternative, members of the public may also provide written public comment submitted via email as indicated in the Submitting Comments by Email instructions on this agenda. Zoom will still be available for viewing and Wordly translation.
*Members of the public will be allowed to provide public comment through Zoom if a Councilmember is participating remotely pursuant to the provisions of Assembly Bill 2449. *Effective March 1, 2023, if a technical issue arises with Zoom or the phone dial-in option, the 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.
“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.
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You may observe a livestream of the meeting at http://media.modestogov.com. You may also view or listen to the meeting as indicated below.
THE MEETING CAN BE VIEWED BY ZOOM VIDEO
CONFERENCING OR TELEPHONE
Joining the City Council meeting via Zoom
The City of Modesto is now offering the ability to view 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 listen 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
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.
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.
Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the Clerk’s office during normal business hours. Such documents are also available online, subject to staff’s ability to post the documents before the meeting, at the following website https://www.modestogov.com/council-meetings 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, - 3 -
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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.
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 November 11, 2023 as Veteran's Day. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]
2. Presentation of Helen Putnam Award for Excellence to the City of Modesto in recognition of its exceptional efforts to address homelessness in the community by Stephen Qualls, Cal Cities Public Affairs Manager. (Funding Source: Not Applicable) CITY MANAGER; Joseph Lopez, 209-577-5223, [email protected]
3. Swearing-in of Councilmember Rosa Escutia-Braaton as the President of the Central Valley Division of the League of California Cities. (Funding Source: Not Applicable) CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]
4. Presentation of a check to the City of Modesto Parks, Recreation and Neighborhoods Department from proceeds received by the North Modesto Kiwanis Club as the presenting sponsor of the Annual Breakfast with Santa Event (Funding Source: Not Applicable)
PRN; Laurie Smith, 209-577-5344, [email protected]
MISCELLANEOUS
Legislation, Appointments, Other
5. Consider appointing Jan Viss and Julie Saugstad for a two-year term with an expiration of December 31, 2026; and appointing Abimael Chavez-Hernandez, Collen Preston, - 4 -
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and Roland (Sandy) Sutton, for a four-year term with an expiration of December 31, 2028 to serve on the on the Citizens’ Salary Setting Commission. (Funding Source:
Not Applicable)
Staff Recommendation:
Resolution appointing Jan Viss and Julie Saugstad for a two-year term with an expiration of December 31, 2026; and appointing Abimael Chavez-Hernandez, Collen Preston, and Roland (Sandy) Sutton, for a four-year term with an expiration of December 31, 2028 to serve on the on the Citizens’ Salary Setting Commission.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected]
6. Consider approving the appointment of Margaret James to the Equity Commission for a partial three-year term with an expiration date of August 1, 2026. (Funding Source:
Not Applicable)
Staff Recommendation:
Resolution approving the appointment of Margaret James to the Equity Commission for a partial three-year term with an expiration date of August 1, 2026.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected]
PUBLIC COMMENT IN PERSON
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
An item may be removed from consent and discussed at the request of an audience member or Councilmember.
Consent
7. Consider approving the minutes from the October 24, 2023 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving the minutes from the October 24, 2023 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] - 5 -
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Consent
8. Consider approving Agreements for consultant support with federal and state advocacy services to Townsend Public Affairs, Newport Beach, CA, and Van Scoyoc and Associates, Washington, DC, for a combined total amount not to exceed $750,000 over five years. (Funding Source: Various Funds)
Staff Recommendation:
Resolution approving the Award of Proposals and Agreements for consultant support with state advocacy services to Townsend Public Affairs, Newport Beach, CA, for a two (2) year Agreement with three (3) one-year extension options, for an annual estimated amount of $60,000, and a total amount not to exceed $300,000 over five years, and approving an Agreement for consultant support with federal advocacy services to Van Scoyoc and Associates, Washington, DC for a two (2) year Agreement with three (3) one-year extension options, for an annual estimated amount of $90,000, and for a total amount not to exceed $450,000 over five years; and authorizing the City Manager or his designee to execute the Agreements.
CITY MANAGER; Forrest Ebbs, 209-577-9149, [email protected] Consent
9. Consider approving the acceptance of the Fiscal Year 2023-2024 Cal Fire Volunteer Fire Capacity (VFC) Program Grant Award in the amount of $40,000, which includes a 50% Local Match, for the Procurement of Wildland Firefighting Equipment. (Funding Source: General Fund)
Staff Recommendation:
Resolution approving the acceptance of the Fiscal Year 2023-2024 Cal Fire Volunteer Fire Capacity (VFC) Program Grant Award in the amount of $40,000, which includes a 50% Local Match, for the Procurement of Wildland Firefighting Equipment and authorizing the City Manager, or his designee, to execute the grant Agreement.
FIRE DEPARTMENT; Kevin Wise, 209-572-9590, [email protected] Consent
10. Consider approving the First Amendment with BrightView Golf Maintenance, Inc., in partnership with KemperSports Management for Golf Management and Maintenance Services, increasing the annual payment by $412,148 for a revised total not to exceed $13,987,536, and extending the term of the Agreement to December 31, 2025. (Funding Source: Golf Fund)
Staff Recommendation:
Resolution approving the First Amendment with BrightView Golf Maintenance, Inc., in partnership with KemperSports Management for Golf Management and Maintenance Services, increasing the annual payment by $412,148 for a revised total not to exceed $13,987,536, and extending the term of the Agreement to December 31, 2025.
PRN; Laurie A. Smith, 209-577-5437, [email protected] - 6 -
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Consent
11. Consider approving an Agreement with Verde Design, Inc. to prepare construction documentation for the Mary E. Grogan Park Synthetic Turf Replacement project for a total amount not to exceed $88,000. (Funding Source: American Rescue Plan Act) Staff Recommendation:
Resolution approving an Agreement with Verde Design, Inc. to prepare construction documentation for the Mary E. Grogan Park Synthetic Turf Replacement Project for a total amount of $80,000, plus $8,000 for additional services, if needed, for an Agreement total not to exceed $88,000 and authorizing the City Manager, or his designee, to execute the Agreement.
PRN; Nathan Houx, 209-571-5526, [email protected]
Consent
12. Consider approving the purchase of restroom buildings for Graceada Park, Mark Twain Park, and Robertson Road Park from Public Restroom Company, of Minden, NV, for a total amount not to exceed $1,078,867. (Funding Source: Measure H) Staff Recommendation:
Resolution approving the Competitive Bidding Process from Sourcewell with Public Restroom Company, of Minden, NV, for the Purchase, Delivery, and Installation of Restroom Buildings for Graceada Park, Mark Twain Park, and Robertson Road Park, for a total amount of $980,788, plus $98,079 of contingency, if needed, for a total amount not to exceed $1,078,867, and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.
PRN; Nathan Houx, 209-571-5526, [email protected]
Consent
13. Consider approving the Plans and Specifications for the Claus Road and Scenic Drive Signal Coordination, CML 5059(245) & CML 5059(246) Project, accepting the bid, and awarding a contract to Tennyson Electric, LLC of Livermore, CA in the amount of $798,200, and a 10 percent contingency amount of $79,820 for a total amount not to exceed $878,020. (Funding Source: Congestion Mitigation and Air Quality and Measure L Funds)
Staff Recommendation:
Resolution approving the Plans and Specifications for the Claus Road and Scenic Drive Signal Coordination, CML 5059(245) & CML 5059(246) Project, accepting the bid, and awarding a contract to Tennyson Electric, LLC of Livermore, CA, in the amount of $798,200, and a 10 percent contingency amount of $79,820 for a total amount not to exceed $878,020 and authorizing the City Manager, or his designee, to execute the Agreement. Resolution amending the Fiscal Year 2023-2024 Capital Improvement Program (CIP) budget, projects #101322 and #101323 in the amount of $310,000 and increasing the transfer from the Measure L – Local Road Tax Fund to fund the projects, and authorizing the City Manager or his designee, to implement the provisions of this resolution.
PUBLIC WORKS; Mark Murphy, 209-577-5431, [email protected] - 7 -
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Consent
14. Consider accepting the Plans and Specifications for the Regional Water Recycling Facility - Sutter Campus Parking Lot and Security Upgrade Project and Awarding a Construction Contract to George Reed, Inc., of Modesto, CA, in an amount not to exceed $7,272,462 and approving an Engineering Support During Construction Agreement with West Yost Associates, of Sacramento, CA, in an amount not to exceed $220,767. (Funding Source: Wastewater Fund)
Staff Recommendation:
Resolution approving Plans and Specifications for the Regional Water Recycling Facility - Sutter Campus Parking Lot and Security Upgrade Project and awarding a Construction Contract to George Reed, Inc., of Modesto, CA, in the amount of $6,323,880 plus $948,582 in Contingency (if needed), for a total amount not to exceed $7,272,462 and authorizing the City Manager, or his designee, to execute the Contract.
Resolution authorizing an increase in the Director’s Authority to issue change orders for the Regional Water Recycling Facility - Sutter Campus Parking Lot and Security Upgrade Project from 10% ($632,388) to 15% ($948,582) of the Construction Contract amount of $6,323,880 with George Reed, Inc., of Modesto, CA.
Resolution approving an Agreement with West Yost Associates, of Sacramento, CA, for Engineering Support During Construction for the Regional Water Recycling Facility - Sutter Campus Parking Lot and Security Upgrade Project, in the amount of $200,697 for the identified scope of services, plus $20,070 for additional services (if needed), for a total amount not to exceed $220,767 and authorizing the City Manager, or his designee, to execute the Agreement. Resolution amending the Fiscal Year 2023-24 Capital Improvement Program Budget in the amount of $2,967,790 to fund the Construction Phase of the Regional Water Recycling Facility - Sutter Campus Parking Lot and Security Upgrade Project and authorizing the City Manager, or his designee, to implement the provisions of this resolution.
UTILITIES; Cristian Ciotau, 209-577-5260, [email protected] Consent
15. Consider approving a Sole Source Agreement with Hach Company, Loveland, CO for Nitrate Analyzer Equipment and Field Services, for a total amount not to exceed $530,000 over three years. (Funding Source: Water Fund) Staff Recommendation:
Resolution approving the sole source Agreement with Hach Company, Loveland, CO for Nitrate Analyzer Equipment and Field Services for a threeyear Agreement for a total amount not to exceed $530,000, and authorizing the City Manager, or his designee to execute the Agreement.
UTILITIES; Manuel Martinez, 209-342-4592, [email protected] - 8 -
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COUNCIL COMMENTS & REPORTS
CITY MANAGER COMMENTS & REPORTS
HEARINGS
Published in the Modesto Bee on October 17, 2023.
16. Hearing to consider an Ordinance amending the Modesto Municipal Code to adhere to State Regulations regarding Emergency Shelter and Low-Barrier Navigation Centers, including definition updates and identifying zones where these uses will be allowed by ministerial approval. (Funding Source: General Fund)
Staff Recommendation:
Motion introducing and waiving the first reading of an Ordinance amending Sections 10-2.125, 10-2.133, and 10-2.194; and adding Section 10-2.149.1 to Article 1 (Definitions) of Chapter 2 (Definitions); amending Section 10-3.101, Table 3.1-1 (Permitted and Conditional Land Uses), Commercial Section of Article 1 (Permitted and Conditional Land Uses) Chapter 3 (Land Use Regulations); amending Section 10-3.205; and, adding Section 10-3.208.1 to Article 2 (Specific Land Use Regulations) of Chapter 3 (Land Use Regulations) of Title 10 (Zoning Regulations).
CED; Diana Lowrance, 209-577-5302, [email protected] Published in the Modesto Bee on October 17, 2023.
17. Hearing to consider Ordinances establishing Mixed-Use Pedestrian (MU-P) and Mixed-Use Highway (MU-H) Zones, an Ordinance rezoning parcels in the McHenry, Sisk, Oakdale, and Yosemite commercial corridors to MU-P and MU-H zones, and an Ordinance amending Planned Developments in the McHenry, Sisk, Oakdale, and Yosemite commercial corridors to allow multi-family residential uses in addition to existing uses. (Funding Source: General Fund)
Staff Recommendation:
Motion introducing and waiving the first reading of an Ordinance amending Chapter 7 “Other Zones” of Title 10 of the Modesto Municipal Code to add Article 6 regarding a Mixed-Use Pedestrian Oriented (MU-P) Zone. Motion introducing and waiving the first reading of an Ordinance amending Chapter 7 “Other Zones” of Title 10 of the Modesto Municipal Code to add Article 7 regarding a Mixed-Use Highway Oriented (MU-H) Zone. Motion introducing and waiving the first reading of an Ordinance rezoning parcels in the McHenry, Sisk, Oakdale, and Yosemite commercial corridors to MU-P and MU-H zones.
Motion introducing and waiving the first reading of an Ordinance amending Planned Developments in the McHenry, Sisk, Oakdale, and Yosemite commercial corridors to allow multi-family residential uses in addition to existing uses.
CED; Michael Hren, 577-5273, [email protected]
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NEW BUSINESS
18. Consider authorizing the City Manager, or his designee to solicit proposals for Bridge Housing sites and allocating $3,000,000 for potential projects; and approving an Agreement for expanded client services with Modesto Gospel Mission for a total amount not to exceed $100,000 for a one-year Agreement. (Funding Source: ARPA funds, Measure H funds)
Staff Recommendation:
Resolution authorizing the City Manager, or his designee, to solicit proposals for Bridge Housing sites and allocating $3,000,000 for potential projects. Resolution amending the fiscal year 2023-2024 Multi-Year Non-Capital MultiYear budget to create a new project and establish applicable revenue, expense and transfer budgets for the Bridge Housing projects to be funded with Measure H funds in the amount of $3,000,000 and authorizing the City Manager or his designee to take the necessary steps to implement the provisions of this resolution.
Resolution approving an Agreement for expanded client services with Modesto Gospel Mission for a total amount not to exceed $100,000 for one year and authorizing the City Manager, or his designee, to negotiate and execute the Agreement.
CED; Jessica Hill, 209-577-5321, [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, NOVEMBER 7, 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.
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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: City of Modesto, et al. v. The Dow Chemical Company, et al. (PCE) Superior Court of the State of California
Case No: CGC-98-999345 and CGC-98-999643
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
at by
date time signature