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Agenda, first session

Modesto City Council
February 27, 2024

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Agenda, first session
Meeting
February 27, 2024
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Modesto City Council
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Text extracted from the city's file for reading and search. Open the original on agenda2.modestogov.com. That file is the official record.

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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 27, 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: Marvin Jacobo, City Ministry Network
City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session

ACKNOWLEDGEMENTS AND PRESENTATIONS

1. Proclamation declaring March as National Developmental Disabilities Awareness Month. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597, [email protected]

MISCELLANEOUS
Legislation, Appointments, Other

2. Consider accepting the resignation of Babette Wagner from the Landmark Preservation Commission. (Funding Source: Not Applicable)
Staff Recommendation:
 Resolution accepting the resignation of Babette Wagner from the Landmark Preservation Commission.

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:
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.
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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 for the February 6, 2024 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
 Motion approving the minutes for the February 6, 2024 Council Meeting.

CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent

4. Consider approving the amended Bylaws for the Citizens’ Salary Setting Commission. (Funding Source: Not Applicable)
Staff Recommendation:
 Resolution approving the amended Bylaws for the Citizens’ Salary Setting Commission.

CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent

5. Consider approving an Agreement with The Baseball Club of Modesto, LLC to lease John Thurman Field through September 30, 2024, and authorizing the City Manager, or his designee, to finalize the language of the agreement pursuant to the negotiated terms and execute the Agreement. (Funding Source: Capital Improvement Project (CIP) 101019/General Fund)
Staff Recommendation:
 Resolution approving an Agreement with The Baseball Club of Modesto LLC to lease the John Thurman Field facility through September 30, 2024, and authorizing the City Manager, or his designee, to finalize the language of the agreement pursuant to the negotiated terms and execute the Agreement.

CED; Sean Rando, 209-577-5473, [email protected]
Consent

6. Consider approving a Memorandum of Understanding to clarify the terms of the HOME Investment Partnerships (HOME) and Redevelopment Agency of the City of Modesto (RDA) loans for the Ashwood Village Apartments. (Funding Source: HOME Investment Partnerships and Redevelopment Agency Funds) Staff Recommendation:
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 Resolution approving a Memorandum of Understanding intending to clarify the terms of the HOME Investment Partnerships (HOME) and Redevelopment Agency of the City of Modesto (RDA) loans for the Ashwood Village Apartments and authorizing the City Manager, or his designee, to execute the Agreement.

CED; Edgar Garcia, 209-577-5211, [email protected] Consent

7. Consider directing staff to prepare and file the Fiscal Year 2024-25 Engineer’s Annual Report for City of Modesto Landscape Maintenance Assessment District No. 1 (Dry Creek Meadows Subdivisions Nos. 1-6). (Funding Source: Landscape Maintenance Assessment District No. 1)
Staff Recommendation:
 Resolution directing staff to prepare and file the Fiscal Year 2024-25 Engineer’s Annual Report for City of Modesto Landscape Maintenance Assessment District No. 1 (Dry Creek Meadows Subdivisions Nos. 1-6).

CED; Peter Ibrahim, 209-577-5211, [email protected] Consent

8. Consider directing staff to prepare and file the Fiscal Year 2024-25 Engineer’s Annual Report for City of Modesto Landscape Maintenance Assessment District No. 2 (Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision and Yosemite Meadows Subdivisions Units 1 and 2). (Funding Source: Landscape Maintenance Assessment District No. 2)
Staff Recommendation:
 Resolution directing staff to prepare and file the Fiscal Year 2024-25 Engineer’s Annual Report for City of Modesto Landscape Maintenance Assessment District No. 2 (Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision and Yosemite Meadows Subdivisions Units 1 and 2).

CED; Peter Ibrahim, 209-577-5321, [email protected] Consent

9. Consider directing staff to prepare and file the Fiscal Year 2024-25 Engineer’s Annual Report for City of Modesto Shackelford Landscape and Lighting District. (Funding Source: Shackelford Landscape and Lighting District)
Staff Recommendation:
 Resolution directing staff to prepare and file the Fiscal Year 2024-25 Engineer’s Annual Report for City of Modesto Shackelford Landscape and Lighting District.

CED; Peter Ibrahim, 209-577-5211, [email protected] Consent

10. Consider approving Agreements with CBRE, Sacramento, CA, Kosmont Real Estate Services dba Kosmont Realty, Manhattan Beach, CA, and PMZ, Modesto, CA, for Real Estate Brokerage Services to Evaluate the Use, Marketability, Valuation, - 6 -
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Marketing, Sale of Designated Surplus Real Property, and/or the Acquisition and Purchase of New Properties for a total amount not to exceed $900,000 over three years. (Funding Source: Various Department Funds)
Staff Recommendation:
 Resolution approving the Award of Proposals and Agreements for Real Estate Brokerage Services to CBRE, Sacramento, CA, Kosmont Real Estate Services dba Kosmont Realty, Manhattan Beach, CA, and PMZ, Modesto, CA, for a one year agreement with two one-year extension options for a combined annual estimated amount of $300,000 and a total combined amount not to exceed $900,000 over three years and authorizing the City Manager, or his designee, to execute the Agreements.

CITY MANAGER; Forrest Ebbs, 209-577-9149, [email protected] Consent

11. Consider approving the Agreements with Tripepi Smith, Irvine, CA, Serotonin Creative Consultancy, Modesto, CA, and 3foldCommunications, Sacramento, CA, for Public Relations and Marketing Services for a total amount not to exceed $1,400,000 over five years. (Funding Source: General Fund, Measure H Funds, and Various Department Funds)
Staff Recommendation:
 Resolution approving the Award of Proposals and Agreements for Public Relations and Marketing Services to Tripepi Smith, Irvine, CA, Serotonin Creative Consultancy, Modesto, CA and 3fold Communications, Sacramento, CA for a two year agreement with three one-year extension options for a combined annual estimated amount of $280,000 and a total combined amount not to exceed $1,400,000 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

12. Consider approving the Amended and Restated Memorandum of Agreement for the Preliminary Engineering including Final Design Phase of the 7th Street Bridge Project with Stanislaus County increasing the City’s share by $161,732, for a new total amount of $865,510. (Funding Source: Streets Capital Facility Fees and Water Fund) Staff Recommendation:
 Resolution approving the Amended and Restated Memorandum of Agreement for the Preliminary Engineering including Final Design Phase of the 7th Street Bridge Project with Stanislaus County, increasing the City’s share by $161,732, for a new total amount of $865,510, and authorizing the City Manager, or his designee to execute the Amended and Restated Memorandum of Agreement.

ENGINEERING SERVICES; Toby Wells, 209-571-5542, [email protected] Consent

13. Consider approving the purchase for various Fleet Additions and Replacements for Fleet Vehicles which includes two 3/4 Ton Regular Cab Pickup Trucks, two Half Ton Regular Cab Pickup Trucks, one Cargo Van and one One Ton Crew Cab Pickup Truck - 7 -
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in the amount not to exceed $361,667. (Funding Source: Fleet Replacement Fund, Solid Waste, American Rescue Plan Act and Measure H)
Staff Recommendation:
 Resolution approving the Award of Bid and Purchase for two 3/4 Ton Regular Cab Pickup Trucks with Long Bed to American Chevrolet, Modesto, CA for an amount not to exceed $113,564; 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 Award of Bid and Purchase for two Half Ton Regular Cab Pickup Trucks with Long Bed to Towne Ford, Redwood City, CA for an amount not to exceed $81,185; 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 Award of Bid and Purchase for one 3/4 Ton Standard Length 4x2 Cargo Van to American Chevrolet, Modesto, CA for an amount not to exceed $59,141; 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 Award of Bid and Purchase for one One Ton Crew Cab Pickup Truck SRW 4x4 with Long Bed to American Chevrolet, Modesto, CA for an amount not to exceed $60,601; 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

14. Consider accepting the Monthly Investment Report for December 2023. (Funding Source: Various Funds)
Staff Recommendation:
 Motion accepting the Monthly Investment Report for December 2023.

FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
Consent

15. Consider approving the audited Financial Statements and various Audit Reports for Fiscal Year 2022-2023, audited by External Auditor Vasquez + Company, LLP. for the City’s Annual Comprehensive Financial Report (ACFR), thirteen Community Facilities Districts (CFDs), Measure H, Single Audit, and various Joint Powers Agencies. (Funding Source: Not Applicable)
Staff Recommendation:
 Resolution approving the audited Financial Statements and various Audit Reports for Fiscal Year 2022-2023 audited by External Auditors Vasquez + - 8 -
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Company, LLP. for the City’s Annual Comprehensive Financial Report (ACFR), thirteen Community Facilities Districts (CFDs), Measure H and various Joint Powers Agencies (JPAs).
 Resolution approving the audited Fiscal Year 2022-2023 Federal Single Audit Report for the City of Modesto from External Auditors Vasquez + Company, LLP.

FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
Consent

16. Consider approving the Auditor’s Reports and Schedule of Measure L Program Revenues and Expenditures for Fiscal Year Ended June 30, 2023. (Funding Source:

Not Applicable)
Staff Recommendation:
 Resolution approving the Fiscal Year 2022-2023 Auditor’s Report on Compliance of the Measure L: Local Roads First Transportation Funding Measure.

FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected],
Consent

17. Consider approving a First Amendment to the Grant Evaluation, Research and Reporting Agreement with Research Triangle Institute, Research Triangle Park, North Carolina, for the Board of State and Community Corrections' California Violence Intervention and Prevention Grant Program to expand to include the Board of State and Community Corrections’ Organized Retail Theft Prevention Grant Program for a revised total amount not to exceed $408,839 and extending the term of the agreement from December 12, 2025, to June 12, 2027. (Funding Source: Police Grants) Staff Recommendation:
 Resolution approving a First Amendment to the Agreement with Research Triangle Institute for Grant Evaluation, Research and Reporting Services by increasing the agreement by $253,884 from $154,955 to a new total amount not to exceed $408,839 and extending the term of the agreement from December 12, 2025, to June 12, 2027; and authorizing the City Manager, or his designee, to execute the Amendment.

POLICE DEPARTMENT; Chris Adams, 209-572-9500, [email protected] Consent

18. Consider approving the Third Amendment with PerfectMind for the Use and Maintenance of the Recreation and Facility Management Software to a revised total amount of $205,560 and extending the term of the Agreement from January 26, 2024, to January 26, 2029. (Funding Source: General Fund)
Staff Recommendation:
 Resolution approving the Third Amendment with PerfectMind for the Use and Maintenance of the Recreation and Facility Management Software to a revised total amount of $205,560 and extending the term of the Agreement from - 9 -
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January 26, 2024, to January 26, 2029; and authorizing the City Manager, or his designee, to execute the Amendment.

PRN; Jeremy Rogers, 209-577-5347, [email protected] Consent

19. Consider approving the Plans and Specifications for the Graceada Park Pool Fencing Replacement Project, accepting the Bid and Awarding a Construction Contract to Joe’s Landscaping and Concrete, Inc., of Newman, CA, in amount not to exceed $167,991. (Funding Source: American Rescue Plan Act (ARPA), General Fund, Parks Fund) Staff Recommendation:
 Resolution approving the Plans and Specifications for the Graceada Park Pool Fencing Replacement Project and awarding a Construction Contract to Joe’s Landscaping and Concrete, Inc., of Newman, CA, in the amount of $152,719, plus $15,272, in contingency (if needed), for a total payment amount not to exceed $167,991 and authorizing the City Manager, or his designee, to execute the contract.
 Resolution amending the Fiscal Year 2023-24 Capital Improvement Program Budget to fund Project #101428 (Graceada Park Fence) in an amount of $89,407 in transfers, revenue, and to budget expenditures to 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

20. Consider approving the Purchase of Playground Equipment for Lakewood Park, Riverside Park, and City Gate Children’s Park from Ross Recreational Equipment Company, Inc., of Santa Rosa, CA, and for Mildred Perkins Park, Orchard Park, and Aqueduct Park from Miracle Recreation – PlayPower, Inc., of Huntersville, NC, for a total amount not to exceed $959,394. (Funding Source: Measure H) Staff Recommendation:
 Resolution approving the Competitive Bidding Processes of National Purchasing Partners (NPP), League of Oregon Cities, with Ross Recreational Equipment Company, Inc. and Sourcewell (formerly National Joint Powers Alliance) who completed the bid and the State of California Multiple Award Schedule (CMAS) with Miracle Recreation – PlayPower, Inc. for the Purchase and Delivery of playground equipment for Lakewood Park, Riverside Park, Mildred Perkins Park, Orchard Park, Aqueduct Park, and City Gate Children’s Park, for a total amount not to exceed $959,394, and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.

PRN; Nathan Houx, 209-571-5526, [email protected]
Consent

21. Consider accepting a Grant Award in the amount of $250,000 from the California Department of Transportation for blight abatement and beautification of Public Right of Way. (Funding Source: Not Applicable)
Staff Recommendation:
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 Resolution accepting a Grant Award in the amount of $250,000 from the California Department of Transportation (Caltrans), amending the annual budget and authorizing the City Manager or his designee to execute all Master Agreements, Program Supplemental Agreements, Fund Exchange Agreement and/or Fund Transfer Agreements, and any amendments thereto with Caltrans.

PUBLIC WORKS; Rosene Nguyen, 209-577-5453, [email protected] Consent

22. Consider approving the extension of Pilot Agreement for the Multifamily Dwelling Bulky Item Pick Up Program for an additional thirty-three months, with an expiration date of December 31, 2026. (Funding Source: America Rescue Plan Act) Staff Recommendation:
 Resolution approving the extension of Pilot Agreement for the Multifamily Dwelling Bulky Item Pick Up Program for an additional thirty-three months, with a pilot expiration date of December 31, 2026.

PUBLIC WORKS; Rosene Nguyen, 209-577-5453, [email protected] Consent

23. Consider approving the submittal of application(s) to the California Department of Resources Recycling and Recovery for Waste Tire Enforcement Grants. (Funding Source: Not Applicable)
Staff Recommendation:
 Resolution approving the submittal of application(s) to the California Department of Resources Recycling and Recovery (CalRecycle) for Waste Tire Enforcement Grants, and authorizing the City Manager, or his designee, to sign Grant Applications and related forms.

PUBLIC WORKS; Rosene Nguyen, 209-577-5453, [email protected] Consent

24. Consider approving an Agreement with Larry Walker Associates, Davis, CA, for Recycled Water Quality Studies for a total amount not to exceed $819,330. (Funding Source: Sewer Operations Fund)
Staff Recommendation:
 Resolution approving the Agreement with Larry Walker Associates, Davis, CA, for Recycled Water Quality Studies in the amount of $744,845, plus $74,485 in additional services, if needed, for a total amount not to exceed $819,330, and authorizing the City Manager, or his designee, to execute the Agreement.  Resolution amending the Fiscal Year 2023-2024 Non-Capital Improvements Program Budget to increase Project Number #101473 - Far-field Dilution and CEC Studies by $119,330, from $700,000, for a revised total amount not to exceed $819,330, in transfers, revenue, and discretionary expenditures, and authorizing the City Manager, or his designee, to implement the provisions of this Resolution.

UTILITIES; Jeff Daniels, 209-577-6255, [email protected] - 11 -
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Consent

25. Consider approving the First Amendment to the Pump Station Rejuvenation Services to Don Pedro Pump, Hughson, CA, to a revised total amount of $3,598,700 over five years. (Funding Source: Storm Drainage Fund, Sewer Operations Fund and Water Fund)
Staff Recommendation:
 Resolution approving the First Amendment increasing the Agreement amount with Don Pedro Pump, Hughson, CA for Pump Station Rejuvenation Services by $1,624,350 from $1,974,350 to a new total amount not to exceed $3,598,700 over the term of the Agreement, and authorizing the City Manager or his designee, to execute the amendment.

UTILITIES; Jeremy Parnell, 209-342-4599, [email protected]

COUNCIL COMMENTS & REPORTS

CITY MANAGER COMMENTS & REPORTS

UNFINISHED BUSINESS

26. Consider approving the Department of Transportation (CalTrans) Clean California Local Grant Program Cycle 2 Grant in the amount of $3,129,000 for the Downtown Revitalization Project. (Funding Source: Clean California Local Grant Program)  Resolution approving the Department of Transportation (CalTrans) Clean California Local Grant Program Cycle 2 Grant in the amount of $3,129,000 for the Downtown Revitalization Project, 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 Multi-Year Operating Budget to appropriate revenue and expenses in the total of $3,129,000 related to the Department of Transportation (CalTrans) Clean California Local Grant Program Cycle 2 Grant, and authorizing the City Manager, or his designee, to take the necessary steps to implement the required budget adjustment.

CED; Cue Tan, 209-571-5540, [email protected]

HEARINGS
Published in the Modesto Bee on February 16, 2024. - Item requested to be continued to April 9, 2024

27. Hearing to consider approving a relocation request of Medallion Wellness from 1313 McHenry Avenue to 408 Paradise Road with the granting of a Residential Proximity Waiver. - Item requested to be continued to April 9, 2024. (Funding Source: Not Applicable)
Staff Recommendation:
 Motion to continue item to April 9, 2024.

CED; Sean Rando, 209-577-5473, [email protected]
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NEW BUSINESS

28. Consider accepting Mayor Sue Zwahlen’s Budget Message per Charter Section 1302.1 for the upcoming Fiscal Year 2024-25 budget year. (Funding Source: Not Applicable) Staff Recommendation:
 Motion to accept Mayor Sue Zwahlen’s Budget Message per Charter Section 1302.1 for the upcoming Fiscal Year 2024-25 budget year.

BUDGET; Steve Christensen, 209-577-5390, [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, FEBRUARY 27, 2024 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.

The business to be considered at said City Council meeting shall consist of a Closed Session concerning the following:

CLOSED SESSION

PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Pursuant to Section 54957 of the Government Code)
Title: City Attorney

PUBLIC EMPLOYEE APPOINTMENT
(Pursuant to Section 54957(b)(1) Government Code)
Title: City Attorney
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
at by
date time signature

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