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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, February 06, 2024 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: David Gingerich, Covenant Grove Church
City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Proclamation declaring February 11th - 17th as Future Business Leaders of America Week. (Funding Source: Not Applicablie)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597, [email protected]
MISCELLANEOUS
Legislation, Appointments, Other
2. Consider approving the appointment of Cecil Russell as the Planning Commission Representative to the Citizens Housing and Community Development Committee for 2024, with a term expiration of December 31, 2024. (Funding Source: Not Applicable) Staff Recommendation:
Resolution approving the appointment of Cecil Russell as the Planning Commission Representative to the Citizens Housing and Community Development Committee, with a term expiration of December 31, 2024.
CED; Jessica Hill, 209-577-5267, [email protected]
3. Consider approving the appointment of Roger Shanks as the Planning Commission Representative to the Board of Zoning Adjustment (BZA) for 2024, with a term expiration of December 31, 2024. (Funding Source: Not Applicable) Staff Recommendation:
Resolution approving the appointment of Planning Commissioner Roger Shanks to the Board of Zoning Adjustment as a Planning Commission Representative with a term expiration date of December 31, 2024.
CED; Jessica Hill, 209-577-5267, [email protected]
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4. Consider reappointing Chris Murphy, Pervez Khan and Angela Cangiamilla and appointing Damon Robbins and Helda Paules to the Visit Modesto Board of Directors for a two-year term from January 1, 2024 to December 31, 2025. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution reappointing Chris Murphy, Pervez Khan, and Angela Cangiamilla to the Visit Modesto Board of Directors for a two-year term from January 1, 2024 to December 31, 2025.
Resolution appointing Damon Robbins and Helda Paules to the Visit Modesto Board of Directors for a two-year term from January 1, 2024 to December 31, 2025.
PRN; Nathan Houx, 209-571-5526, [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 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
5. Consider approving the minutes for the January 23, 2024 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving the minutes for the January 23, 2024 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] - 5 -
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Consent
6. Consider approving Final Adoption of Ordinance 3777-C.S. adopting a Precise Plan for Village One Precise Plan Area No. 35 south with Amendment of Section 18-3-10 of the Zoning Map to rezone from Specific Plan-Holding (SP-H) Zone to Specific Plan (SP), property located east of Claus Road, south of Milnes Road and north of East Briggsmore Avenue. (DR Horton Bay, Inc) (Funding Source: Not Applicable) Staff Recommendation:
Motion approving Final Adoption of Ordinance 3777-C.S. adopting a Precise Plan for Village One Precise Plan Area No. 35 south with Amendment of Section 18-3-10 of the Zoning Map to rezone from Specific Plan-Holding (SPH) Zone to Specific Plan (SP), property located east of Claus Road, south of Milnes Road and north of East Briggsmore Avenue. (DR Horton Bay, Inc) CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
7. 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] Consent
8. Consider accepting the Transit Center Improvements and Transit Center Addition Project as complete, releasing securities, releasing payments totaling $5,668,762 to Simile Construction Services, Inc., of Modesto, CA., and authorizing the City Clerk to file a Notice of Completion. (Funding Source: Federal Transit Administration, Local Transportation Funds, State – SB1 State of Good Repair and Low Carbon Transit Operations Program)
Staff Recommendation:
Resolution accepting the Transit Center Improvements and Transit Center Addition Project as complete, releasing securities, releasing payments totaling $5,668,762 to Simile Construction Services, Inc., of Modesto, CA., and authorizing the City Clerk to file a Notice of Completion.
ENGINEERING SERVICES; Peter Kambel, 209-577-5444, [email protected] Consent
9. Consider approving the Amendments to the Portable Toilet Rental Services Agreement to increase the amount by $35,000 and for a revised total amount not to exceed $618,250 over the term of the Agreement with Sun Valley Portable Restrooms, Inc. of Turlock, CA and United Site Services, Inc. of Modesto, CA. (Funding Source: Water Fund, Various Funds)
Staff Recommendation:
Resolution approving a First Amendment to the Portable Toilet Rental Services - 6 -
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Agreement to increase the amount by $20,000 with Sun Valley Portable Restrooms, Inc. of Turlock, CA; a Third Amendment to increase the amount by $15,000 with United Site Services, Inc. of Modesto, CA for a revised combined total amount not to exceed $618,250 over the term of the Agreement; and utilizing the services based on the lowest pricing defined under current contractual rates; and authorizing the City Manager, or his designee, to execute the Amendments.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] Consent
10. Consider approving the purchase for various Fleet Addition and Replacements for Fleet Vehicles which includes twelve Pickup Trucks, seven Chevy Tahoe Interceptors, ten Ford Police Interceptors, and one Telehandler Forklift in the amount not to exceed $2,106,219. (Funding Source: Fleet Replacement Fund and General Fund) Staff Recommendation:
Resolution approving the Award of Bid and purchase for twelve Half-Ton Pickup Trucks with Rush Truck Center, Ceres, CA for an amount not to exceed $592,263; authorizing the Purchasing Manager, or her designee, to issue the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any Change Orders not to exceed 15% of the total purchase price. Resolution approving the Competitive Bidding Process from the State of California, Department of General Services to Folsom Lake Ford, Folsom, CA for the purchase of ten Ford Police Interceptors for an amount not to exceed $611,583; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any Change Orders not to exceed 15% of the total purchase price. Resolution approving the Competitive Bidding Process from the State of California, Department of General Services to Winner Chevrolet, Elk Grove, CA for the purchase of seven Chevy Tahoes for an amount not to exceed $419,172; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any Change Orders not to exceed 15% of the total purchase price. Resolution approving the Competitive Bidding Process from Sourcewell to Caterpillar Inc. Peoria, IL under authorized dealer Holt of California, Stockton, CA, for the purchase of one Telehandler Forklift Variable Reach for an amount not to exceed $208,474; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any Change Orders not to exceed 15% of the total purchase price.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] Consent
11. Consider accepting an Informational Report for the December 2023 Accounts Payable Payment Register and Void Report. (Funding Source: Not Applicable) Staff Recommendation:
Motion accepting an Informational Report for the December 2023 Accounts - 7 -
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Payable Payment Register and Void Report.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
Consent
12. Consider accepting an Informational Report on the July and August 2023 Grant Applications and Awards. (Funding Source: Not Applicable) Staff Recommendation:
Motion accepting an Informational Report for the July and August 2023 Grant Applications and Awards.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
Consent
13. Consider accepting specified Grant Funds from the State of California Budget Act of 2023 in the amount of $400,000 for The Awesome Spot Playground and recommending the submittal of a Grant Application. (Funding Source: State of California Budget Act of 2023)
Staff Recommendation:
Resolution approving the application for specified Grant Funds from the Budget Act of 2023, 19.561(b)(1) Awesome Spot Playground and authorizing the City Manager, or his designee, to execute all documents necessary to implement the provisions of this Resolution.
Resolution amending the Fiscal Year 2023-2024 Capital Improvement Program Budget to fund Project #100984 - Awesome Spot Playground in an amount not to exceed $400,000 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
14. Consider approving a First Amendment to the Agreement with Mark Thomas and Company, Inc., for additional tasks related to Construction Documentation and Bidding & Construction Support for the Virginia Corridor Phase 7 Project, for a new total amount not to exceed $646,305. (Funding Source: Non-Motorized Local Transportation Funds, Parks & Air Quality CFF, and Various Grants) Staff Recommendation:
Resolution approving a First Amendment to the Agreement with Mark Thomas and Company, Inc., for additional tasks related to Construction Documentation and Bidding & Construction Support for the Virginia Corridor Phase 7 Project, increasing the Agreement amount by $70,017, from $576,288 to a new total amount not to exceed $646,305 and authorizing the City Manager, or his designee, to execute the Amendment.
PRN; Nathan Houx, 209-571-5526, [email protected]
Consent
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15. Consider the submission of two Grant Applications to the United States Bureau of Reclamation’s WaterSMART Grant Program. (Funding Source: Water Fund) Staff Recommendation:
Resolution approving the submission of a Grant Application to the United States Bureau of Reclamation’s WaterSMART – Water and Energy Efficiency Grant Program for the SCADA System Replacement Project and authorizing the City Manager, or his designee, to enter into a Grant Agreement and execute all related documents.
Resolution approving the submission of a Grant Application to the United States Bureau of Reclamation’s WaterSMART – Planning and Project Design Grant Program for the SCADA System Replacement Project and authorizing the City Manager, or his designee, to enter into a Grant Agreement and execute all related documents.
UTILITIES; Juan Ochoa, 209-577-5423, [email protected] Consent
16. Consider approving the submission of a Grant Application to the Federal Emergency Management Agency’s Building Resilient Infrastructure and Communities Program. (Funding Source: Wastewater Grants Fund)
Staff Recommendation:
Resolution approving the submission of a Building Resilient Infrastructure and Communities (BRIC) Program Grant Application to the Federal Emergency Management Agency (FEMA) to fund the Flood Risk Reduction Feasibility Study Scoping Project, the submission of a Prepare California Program Grant Application to the California Office of Emergency Services (Cal OES) to offset the Federal Local Match requirement, and authorizing the City Manager, or his designee to enter into the associated Grant Agreements and execute all related documents.
Resolution amending the Fiscal Year 2023-24 Multi-Year Program Budget in the amount of $623,915 to fund the Flood Risk Reduction Feasibility Study Scoping Project and authorizing the City Manager, or his designee, to implement the provisions of this resolution.
UTILITIES; Miguel Alvarez, 209-577-5348, [email protected]
COUNCIL COMMENTS & REPORTS
CITY MANAGER COMMENTS & REPORTS
NEW BUSINESS
17. Consider Reviewing, Providing Comment and Accepting the Proposed Internal Audit Work Plan, dated January 16, 2024. (Funding Source: Not Applicable) Staff Recommendation:
Motion Accepting the Proposed Internal Audit Work Plan, dated January 16, 2024.
CITY AUDITOR; Colleen Rozillis, 206-302-6795, [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, FEBRUARY 06, 2024 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:
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CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Two Cases (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: Silvina Martinez v. City of Modesto
Superior Court of California, County of Stanislaus
Case No.: CV-19-006820
Brittoni Estrella, et al. v. City of Modesto et al.
United States Eastern District
Case No.: 1:22-cv-00921
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(a) of the Government Code) Name of case(s): Timothy Graf v. City of Modesto
California Workers Compensation Appeals Board
Nos. ADJ11412278 & ADJ8513549
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
at by
date time signature