- 1 -
12/5/2023 5:30:00 PM
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, December 05, 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.
- 2 -
12/5/2023 5:30:00 PM
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 -
12/5/2023 5:30:00 PM
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: Bill Kenoyer, Redeemer Church
City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session
MISCELLANEOUS
Legislation, Appointments, Other
1. Consider appointing Jim Stokes to the Citizen’s Housing and Community Development Committee for a four-year term beginning on January 1, 2024 through December 31, 2027. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution appointing Jim Stokes to the Citizen’s Housing and Community Development Committee (CH&CDC) for a four-year term beginning on January 1, 2024 through December 31, 2027.
CED; Cynthia Formosa, 209-577-5211, [email protected]
2. Consider appointing David Seymour, Babette Wagner, and Cheryl Lopina to the City of Modesto Landmark Preservation Commission with terms expiring December 31, 2027. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution appointing David Seymour, Babette Wagner, and Cheryl Lopina to the City of Modesto Landmark Preservation Commission with terms expiring December 31, 2027.
CED; Jessica Hill, 209-577-5267, [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:
- 4 -
12/5/2023 5:30:00 PM
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.
CONSENT
An item may be removed from consent and discussed at the request of an audience member or Councilmember.
Consent
3. Consider approving the minutes from the November 14, 2023 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving the minutes from the November 14, 2023 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
4. Consider approving the Mayor’s appointments to the City of Modesto Standing Committees, and City Council Liaison Committees; and appointment of a Vice Mayor for the 2024 calendar year. (Funding Source: Not Applicable) Staff Recommendation:
Motion appointing Council Member Alvarez as Vice Mayor for the 2024 calendar year.
Motion approving the appointments to the Standing Committees and City Council Liaison Committees for the 2024 calendar year.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
5. Consider approving the recommended Budget Adjustments to Fiscal Year 2023-24 Annual Operating and Capital Improvement Program Budgets. (Funding Source:
Various Funds)
Staff Recommendation:
Resolution amending Fiscal Year 2023-24 Annual Operating and Capital Improvement Project Fund Budgets and authorizing the City Manager, to take the necessary steps to implement the provisions of this Resolution.
BUDGET; Steve Christensen, 209-577-5390, [email protected] - 5 -
12/5/2023 5:30:00 PM
Consent
6. Consider approving the Fourth Amendment to the Joint Exercise of Powers Agreement between the City of Modesto and the County of Stanislaus for Emergency Dispatch Services to extend the Agreement to June 30, 2024. (Funding Source: Not Applicable) Staff Recommendation:
Resolution approving the Fourth Amendment to the Joint Exercise of Powers Agreement between the City of Modesto and the County of Stanislaus for Emergency Services, extending the expiration date to June 30, 2024, and authorizing the City Manager or his designee to execute the Agreement.
CITY MANAGER; Forrest Ebbs, 209-577-9149, [email protected] Consent
7. Consider approving an Agreement for Railroad Crossing Quiet Zone Consulting Services with RailPros of Irvine, CA for a total amount not to exceed $304,949. (Funding Source: American Rescue Plan Act Funds)
Staff Recommendation:
Resolution approving an Agreement with RailPros of Irvine, CA, to provide Quiet Zone Consulting Services for a total amount not to exceed $304,949, and authorizing the City Manager, or his designee to execute the Agreement.
CED; Sean Rando, 209-577-5473, [email protected]
Consent
8. Consider approving the annexation of property (Annexation #1), approximately 24.62 acres, into the City of Modesto Community Facilities District (CFD) No. 2021-1 (Woodglen) and authorizing the levy of a special tax upon the annexation area (Funding Source: Developer Deposits)
Staff Recommendation:
Resolution approving the annexation of property (Annexation #1) into the City of Modesto Community Facilities District (CFD) No. 2021-1 (Woodglen) and authorizing the levy of a special tax upon the annexation area.
CED; Peter Ibrahim, 209-577-5211, [email protected] Consent
9. Consider accepting the Jennings Water Quality Control (WQC) Plant New Entrance and Exit Project as complete, releasing securities, releasing payments totaling $3,533,015 to T&S Intermodal Maintenance Inc., d.b.a. T&S West. of Linden, CA., and authorizing the City Clerk to file a Notice of Completion. (Funding Source:
Wastewater Fund)
Staff Recommendation:
Resolution accepting the Jennings Water Quality Control Plant New Entrance and Exit project as complete, releasing securities, releasing payments totaling $3,533,015 to T&S Intermodal Maintenance Inc., d.b.a. T&S West of Linden, CA., and authorizing the City Clerk to file a Notice of Completion.
ENGINEERING SERVICES; Peter Kambel, 209-577-5444, [email protected] - 6 -
12/5/2023 5:30:00 PM
Consent
10. Consider accepting an Informational Report for the September 2023 Accounts Payable Payment Register and Void Report. (Funding Source: Not Applicable) Staff Recommendation:
Motion accepting an Informational Report for the September 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 May and June 2023 Grant Applications and Awards. (Funding Source: Not Applicable) Staff Recommendation:
Motion accepting an Informational Report for the May and June 2023 Grant Applications and Awards.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
Consent
12. Consider accepting the Monthly Investment Report for August 2023. (Funding Source:
Various Funds)
Staff Recommendation:
Motion accepting the Monthly Investment Report for August 2023.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
Consent
13. Consider approving the Plans and Specifications for the Park Turf Reduction, Phase 1 Project, and awarding a Construction Contract to Marina Landscape, Inc., of Orange, CA, in an amount not to exceed $376,690. (Funding Source: American Rescue Plan Act (ARPA), Urban Community Drought Relief Grant Program) Staff Recommendation:
Resolution approving the Plans and Specifications for the Park Turf Reduction, Phase 1 Project, and awarding a Construction Contract to Marina Landscape, Inc., of Orange, CA, in the amount of $342,445 plus $34,245 in contingency (if needed), for a total amount not to exceed $376,690 and authorizing the City Manager, or his designee, to execute the Contract.
Resolution amending the Fiscal Year 2023-2024 Capital Improvement Program Budget to fund Project #101555 (PRN – 2022 Urban Drought Relief Program) in an amount not to exceed $3,359,922 in transfers, revenue, and to budget expenditures to fully fund the project, and authorizing the City Manager, or his designee, to implement the provisions of this Resolution.
PRN; Nathan Houx, 209-571-5526, [email protected]
Consent
- 7 -
12/5/2023 5:30:00 PM
14. Consider approving an Agreement with Verde Design, Inc. to prepare construction documentation for the Mary E. Grogan Synthetic Turf Replacement Project for a total amount not to exceed $88,000.00 (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 Synthetic Turf Replacement Project for a total amount of $80,000 plus $8,000 for additional services, if needed, for an Agreement total amount 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
15. Consider approving an Agreement with Todd Groundwater, Alameda, CA, for the Groundwater Sustainability Plan Update and Annual Reporting for Years 2023-2028 for a total amount not to exceed $1,994,601 on behalf of the Stanislaus and Tuolumne Rivers Groundwater Basin Association – Groundwater Sustainability Agency and the associated Equitable Project Cost Sharing and Reimbursement Agreement. (Funding Source: Water Fund)
Staff Recommendation:
Resolution approving an Agreement with Todd Groundwater, of Alameda, CA for the Groundwater Sustainability Plan Update and Annual Reporting, in the amount of $1,813,273, plus $181,328 in additional services, if needed, for a total amount not to exceed $1,994,601 and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution approving the Stanislaus and Tuolumne Rivers Groundwater Basin Association – Groundwater Sustainability Agency Equitable Project Cost Sharing and Reimbursement Agreement and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution amending the Fiscal Year 2023/24 Multi-Year Program Budget in the amount of $2,174,601 to be transferred into the project from Water Fund Reserves and authorizing the City Manager, or his designee, to implement the provision of the Resolution.
UTILITIES; Jim Alves, 209-571-5557, [email protected] Consent
16. Consider approving an Engineering Services Agreement with West Yost Associates, of Davis, CA, for the Chicago-Paradise Area Strengthen and Replace Water Mains Project, in an amount not to exceed $1,134,933. (Funding Source: Water Fund) Staff Recommendation:
Resolution approving an Engineering Services Agreement with West Yost Associates, of Davis, CA, for the Chicago-Paradise Area Strengthen and Replace Water Mains Project in the amount of $1,031,757, plus $103,176 in additional services, if needed, for a total amount not to exceed $1,134,933 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 $12,815,417 to be transferred into the project from - 8 -
12/5/2023 5:30:00 PM
Water Fund Reserves to fund the Chicago-Paradise Area Strengthen and Replace Water Mains Project and authorizing the City Manager, or his designee, to implement the provisions of this Resolution.
UTILITIES; Edgar Vargas, 209-577-5424, [email protected] Consent
17. Consider approving the purchase of 4,320 square feet of real property at 5132 South Avenue, Empire, CA owned by Stanislaus Regional Housing Authority for $26,073, plus $10,000 in closing costs to be used for the Well 312 Treatment System and Flushline Project. (Funding Source: Water Fund)
Staff Recommendation:
Resolution approving the purchase of 4,320 square feet of real property located at 5132 South Avenue, Empire, CA 95319 owned by Stanislaus Regional Housing Authority for $26,073, plus $10,000 in closing costs, to be used for the Well 312 Treatment & Flushline Project, and authorizing the City Manager, or his designee, to execute the Purchase and Sale Agreement and all related documents required to complete the transaction.
UTILITIES; Edgar Vargas, 209-577-5424, [email protected] Consent
18. Consider approving an Agreement for Material Hauling Services with Sekhon and Son Trucking, Inc. of Modesto, CA and California Materials of Stockton, CA for a total amount not to exceed $2,375,000 over five years. (Funding Source: Green Waste; Storm Drain; Surface Transportation; Wastewater and Water Funds) Staff Recommendation:
Resolution approving the Award of Bid and Agreements for Material Hauling Services to Sekhon and Son Trucking, Inc. of Modesto, CA and California Materials, Inc. of Stockton, CA for a two year Agreement with three one-year extension options, for an annual estimated amount of $475,000 and a total amount not to exceed $2,375,000 over five years, and authorizing the City Manager or his designee, to execute the Amendment.
UTILITIES; Manuel Martinez, 209-342-4592, [email protected] Consent
19. Consider approving an Agreement with Olea Networks, Inc., Bee Cave, TX for Large Commercial Water Meter Health Analytic Software and Technology for a total cost not to exceed $1,500,000 over five years. (Funding Source: Water Fund) Staff Recommendation:
Resolution approving an Agreement with Olea Networks Inc., Bee Cave, TX, for Large Commercial Water Meter Health Analytic Software and Technology for a two-year Agreement with three one-year extension options, for an annual estimated amount of $340,000 and a total amount not to exceed $1,500,000 over five years and authorizing the City Manager or his designee to execute the Agreement.
UTILITIES; Manuel Martinez, 209-342-4592, [email protected] - 9 -
12/5/2023 5:30:00 PM
COUNCIL COMMENTS & REPORTS
CITY MANAGER COMMENTS & REPORTS
HEARINGS
Published in the Modesto Bee on November 24, 2023.
20. Hearing to consider adopting an Amendment to the General Plan approving the 6th Cycle Housing Element for 2023-2031. (Funding Source: General Fund) Staff Recommendation:
Resolution approving an Amendment to the Modesto Urban Area General Plan to replace the 2015-2023 Housing Element with the 2023-2031 Housing Element, Chapter IV of the General Plan and authorizing the City Manager or designee to make all non-substantive changes to the Housing Element to make it internally consistent or to address any non-substantive changes or amendments requested by the Department of Housing and Community Development to achieve state certification of the Housing Element, and that such changes by the City Manager shall not change the policy of the City or include any legislative action.
CED; Michael Hren, 209-577-5273, [email protected]
Published in the Modesto Bee on November 24, 2023.
21. Hearing to consider accepting the Capital Facilities Fees Annual Report for Fiscal Year 2022-23 and making findings related to each of the fee categories. (Funding Source:
Capital Facilities Fees)
Staff Recommendation:
Resolution accepting the Capital Facilities Fees Annual Report for Fiscal Year 2022-23 and making findings related to each of the fee categories.
CED; Peter Ibrahim, 209-577-5211, [email protected] Published in the Modesto Bee on November 24, 2023.
22. Hearing to consider accepting the Fiscal Year 2022-23 Annual Report of Funds Held for Future Improvements and making findings related to each security on file. (Funding Source: Developer Deposits)
Staff Recommendation:
Resolution accepting the Fiscal Year 2022-23 Annual Report of Funds Held for Future Improvements and making findings related to each security on file.
CED; Peter Ibrahim, 209-577-5211, [email protected]
NEW BUSINESS
23. Consider an Ordinance amending Section 11-6.05 “Charges for Metered Water Service,” of Chapter 6, “Collection of Public Utilities Charges,” of Title 11, “Public Utilities,” of the Modesto Municipal Code to establish a Water Rate Surcharge for new water connections located outside of the City’s water service area. (Funding Source:
- 10 -
12/5/2023 5:30:00 PM
Water Enterprise Fund)
Staff Recommendation:
Motion introducing and waiving the first reading of the Ordinance amending Section 11-6.05 “Charges for Metered Water Service,” of Chapter 6, “Collection of Public Utilities Charges,” of Title 11, “Public Utilities,” of the Modesto Municipal Code to establish a Water Rate Surcharge for new water connections located outside of the City’s water service area.
CED; Peter Ibrahim, 209-577-5211, [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
- 11 -
12/5/2023 5:30:00 PM
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, DECEMBER 05, 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:
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Pursuant to Section 54957 of the Government Code)
Title: City Clerk
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: Stephanie Lopez v. City of Modesto, et al.
Superior Court of California, County of Stanislaus
Stanislaus County Case No.: CV-21-00925
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
at by
date time signature