MODESTO CITY COUNCIL
www.modestogov.com
MINUTES
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 – Present: Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
Absent: None
Pledge of Allegiance to the Flag
Invocation: Marvin Jacobo, City Ministry Network
City Clerk’s Announcements
Declaration of Conflicts of Interest: Item 27 - Vice Mayor Alvarez Reports from Closed Session: Mayor Zwahlen reported No Reportable Action
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] ACTION: Mayor Zwahlen presented a Proclamation declaring March as National Developmental Disabilities Awareness Month.
MISCELLANEOUS
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]
ACTION: (Williams/Escutia-Braaton; 7/0) Resolution 2024-050 accepting the resignation of Babette Wagner from the Landmark Preservation Commission.
PUBLIC COMMENT IN PERSON
Dr. Theresa Rojas introduced the LatinX Comic Arts Festival, highlighting its history and growth over the years, emphasizing its role in celebrating LatinX comic arts creators and inviting the community to attend the upcoming event.
John Frailing discussed his conversation with Judge Ruben Villalobos regarding Care Court and its limitations in addressing homelessness and mental health issues. He also shared insights from a visit to Manteca's homeless shelter, suggesting potential ideas for Modesto's approach to homelessness.
Chris Moreno representing the Stanislaus County Library promoted upcoming library programs, including the Stanislaus County Passport Services and March Book Madness event, encouraging participation and engagement from the community. Danielle Morgart provided a report on Assembly Member Juan Alanis’ activities in Sacramento, highlighting introduced Assembly Bills and an upcoming educational town hall at Gustine High School, inviting community members and leaders to attend. Emerson Drake expressed concerns about Modesto's negotiations regarding water and sewer services and raised questions about the Community Police Review Board's practices regarding lie detector tests, urging for transparency and accountability. Jerry Thompson commended the Mayor for her leadership and collaboration within the City Council, emphasizing the importance of bipartisanship and effective governance. - 1 -
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CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS 3, 5-9, 12-18, 21-23 (Wright/Escutia-Braaton; 7/0)
CONSENT
Consent
3. Consider approving the minutes for the February 6, 2024 Council Meeting. (Funding Source: Not Applicable)
Motion approving the minutes for the February 6, 2024 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Motion approving the minutes for the February 6, 2024 Council Meeting.
Removed from Consent
Consent
4. Consider approving the amended Bylaws for the Citizens’ Salary Setting Commission. (Funding Source: Not Applicable)
Resolution approving the amended Bylaws for the Citizens’ Salary Setting Commission.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Escutia-Braaton/Alvarez; 7/0) Resolution 2024-051 approving the amended Bylaws for the Citizens’ Salary Setting Commission.
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)
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]
ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-052 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.
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 - 2 -
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Modesto (RDA) loans for the Ashwood Village Apartments. (Funding Source: HOME Investment Partnerships and Redevelopment Agency Funds) 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] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-053 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.
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)
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] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-054 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).
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)
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] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-055 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 - 3 -
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Subdivisions Nos. 7-10, Creekwood Meadows Subdivision and Yosemite Meadows Subdivisions Units 1 and 2).
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)
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] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-056 directing staff to prepare and file the Fiscal Year 2024-25 Engineer’s Annual Report for City of Modesto Shackelford Landscape and Lighting District.
Removed from Consent
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, 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)
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] ACTION: (Williams/Wright; 7/0) Resolution 2024-057 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.
Removed from Consent
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 - 4 -
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over five years. (Funding Source: General Fund, Measure H Funds, and Various Department Funds)
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] ACTION: (Alvarez/Ricci; 7/0) Resolution 2024-058 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.
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) 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] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-059 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.
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 in the amount not to exceed $361,667. (Funding Source: Fleet Replacement Fund, Solid Waste, American Rescue Plan Act and Measure H)
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 - 5 -
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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] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-060 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.
ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-061 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.
ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-062 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.
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ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-063 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.
Consent
14. Consider accepting the Monthly Investment Report for December 2023. (Funding Source: Various Funds)
Motion accepting the Monthly Investment Report for December 2023.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
ACTION: (Wright/Escutia-Braaton; 7/0) Motion accepting the Monthly Investment Report for December 2023.
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)
Resolution approving the audited Financial Statements and various Audit Reports for Fiscal Year 2022-2023 audited by External Auditors Vasquez + 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]
ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-064 approving the audited Financial Statements and various Audit Reports for Fiscal Year 2022-2023 audited by External Auditors Vasquez + Company, LLP. for the City’s Annual Comprehensive Financial Report (ACFR), thirteen Community Facilities Districts (CFDs), Measure H and various Joint Powers Agencies (JPAs).
ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-065 approving the audited Fiscal Year 2022-2023 Federal Single Audit Report for the City of Modesto from External Auditors Vasquez + Company, LLP.
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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)
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],
ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-066 approving the Fiscal Year 2022-2023 Auditor’s Report on Compliance of the Measure L: Local Roads First Transportation Funding Measure.
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) 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] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-067 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.
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)
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 January 26, 2024, to January 26, 2029; and authorizing the City Manager, or his - 8 -
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designee, to execute the Amendment.
PRN; Jeremy Rogers, 209-577-5347, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-068 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; and authorizing the City Manager, or his designee, to execute the Amendment.
Removed from Consent
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) 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]
ACTION: (Williams/Wright; 7/0) Resolution 2024-069 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.
ACTION: (Williams/Wright; 7/0) Resolution 2024-070 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.
Removed from Consent
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 - 9 -
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Aqueduct Park from Miracle Recreation – PlayPower, Inc., of Huntersville, NC, for a total amount not to exceed $959,394. (Funding Source: Measure H) 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]
ACTION: (Escutia-Braaton/Wright; 6/1; Ricci No) Resolution 2024-071 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.
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)
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] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-072 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.
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) Resolution approving the extension of Pilot Agreement for the Multifamily - 10 -
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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] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-073 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.
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)
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] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-074 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.
Removed from Consent
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)
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] ACTION: (Bavaro/Zwahlen; 7/0) Resolution 2024-075 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.
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ACTION: (Bavaro/Zwahlen; 7/0) Resolution 2024-076 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.
Removed from Consent
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)
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] ACTION: (Zwahlen/Wright; 7/0) Resolution 2024-077 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.
Recessed: 6:53pm
Reconvened: 7:00 pm
COUNCIL COMMENTS & REPORTS
Council Member Williams began by expressing gratitude and reflected on the conclusion of Black History Month and a recent event celebrating Black joy. He also highlighted a Chinese New Year celebration and emphasized the importance of diversity.
Council Member Ricci praised the Modesto Police Department on becoming California's first autism-certified police department and promoted a can-sharing program to save money on garbage rates.
Vice Mayor Alvarez mentioned scholarship opportunities through the Stanislaus Latino Chamber of Commerce.
Mayor Zwahlen mentioned various events she attended, including engagements with community organizations and government officials.
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CITY MANAGER COMMENTS & REPORTS
City Manager Lopez welcomed two new additions to the executive team: Jeremy Rogers, the new Director of Parks, Recreation, and Neighborhoods, and Sonya Severo, the new Public Relations and Legislative Affairs Manager, expressing confidence in their abilities to contribute to the City's progress.
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]
ACTION: (Alvarez/Wright; 7/0) Resolution 2024-078 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.
ACTION: (Alvarez/Wright; 7/0) Resolution 2024-079 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.
HEARINGS
Alvarez Recused due to Conflict of Interest
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)
Motion to continue item to April 9, 2024.
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2/27/2024 5:30:00 PM
CED; Sean Rando, 209-577-5473, [email protected]
ACTION: (Wright/Williams; 6/0; Alvarez Recused) Motion to continue item to April 9, 2024.
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) 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] ACTION: (Escutia-Braaton/Alvarez; 7/0) Motion to accept Mayor Sue Zwahlen’s Budget Message per Charter Section 1302.1 for the upcoming Fiscal Year 2024-25 budget year.
MATTERS TOO LATE FOR THE AGENDA
None
ADJOURNMENT
This meeting adjourned at 7:25 P.M.
All Closed Session Matters Heard Prior to the Meeting
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
Attest: ____________________________
Diane Nayares-Perez, City Clerk