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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, March 12, 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, programs, or activities. For more information, please visit the City of Modesto website at https://www.modestogov.com/865/Americans-with-Disabilities-Act-ADA - 3 -
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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: Jeff Pishney, Love Stanislaus
City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Presentation of the 2024 Senate District 4 Honoree for 2024 California Woman Making Herstory. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597, [email protected]
2. Proclamation declaring March 2024 as American Red Cross Month. (Funding Source:
Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597, [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. - 4 -
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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 March 5, 2024 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving the minutes for the March 5, 2024 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
4. Consider accepting the 2023 General Plan Annual Progress Report and authorizing staff to submit it to the State of California. (Funding Source: General Fund) Staff Recommendation:
Resolution accepting the 2023 General Plan Annual Progress Report and authorizing staff to submit it to the State of California.
CED; Jessica Hill, 209-577-5211, [email protected]
Consent
5. Consider adopting a Resolution of Intention to renew the Modesto Tourism Marketing District for ten years. (Funding Source: Modesto Tourism Marketing District) Staff Recommendation:
Adopt Resolution of Intention to renew the Modesto Tourism Marketing District (MTMD) and fixing the time and place of a public meeting and public hearing thereon and giving notice thereof.
CED; Trevin Barber, 209-860-1251, [email protected] Consent
6. Consider authorizing the submittal of a Federal Grant application for Congestion Mitigation and Air Quality (CMAQ) Grant Funds in the amount of $1,200,000 and $800,000 in Local Measure L Funds for a project amount of $2,000,000 for Street Improvements and Installation of a Roundabout on College Avenue and Bowen Avenue. (Funding Source: Federal CMAQ Grant Funds and Local Funds – Measure L) Staff Recommendation:
Resolution approving submittal of a Federal Grant application for Congestion Mitigation and Air Quality (CMAQ) Grant Funds in the amount of $1,200,000 and $800,000 in Local Measure L Funds for a total project amount of $2,000,000 for Street Improvements and Installation of a Roundabout on College Avenue and Bowen Avenue, and authorizing the City Manager, or his designee to execute all necessary grant documents.
ENGINEERING SERVICES; Michael Sacuskie, 209-571-5552,
[email protected]
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Consent
7. Consider authorizing the submittal of a Federal Grant application for Surface Transportation Block Grant (STBG) Funds in the amount of $1,200,000 and $2,000,000 in Local Measure L funds for a total project amount of $3,200,000 for Improvements on Claus Road, including bicycle and pedestrian improvements, south of Scenic Drive to Yosemite Boulevard. (Funding Source: Federal STBG Grant Funds and Local Funds – Measure L)
Staff Recommendation:
Resolution approving submittal of a Federal Grant application for Surface Transportation Block Grant (STBG) Funds in the amount of $1,200,000 and $2,000,000 in Local Measure L funds for a total project amount of $3,200,000 for improvements on Claus Road, including bicycle and pedestrian improvements, south of Scenic Drive to Yosemite Boulevard, and authorizing the City Manager, or his designee to execute all necessary grant documents.
ENGINEERING SERVICES; Michael Sacuskie, 209-571-5552,
[email protected]
Consent
8. Consider accepting an Informational Report on the September and October 2023 Grant Applications and Awards. (Funding Source: Not Applicable) Staff Recommendation:
Motion accepting an Informational Report for the September and October 2023 Grant Applications and Awards.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249, [email protected] Consent
9. Consider amending the Position Allocation Plan in the Modesto Fire Department to add four Paramedics and three Emergency Medical Technicians (EMTs). (Funding Source: SAMHSA Grant Fund)
Staff Recommendation:
Resolution amending the Position Allocation for Fiscal Year 2023-24 as adopted in the operating budget.
Resolution amending the Classification Plan for the City of Modesto to create the classifications of Paramedic and Emergency Medical Technician. Resolution amending the Fiscal Year 2023-24 Annual Operating Budget to accept grant funding for 4 Paramedic/EMTs in the MFD – Emergency Paramedics SAMHSA cost center (18222) in Grants-Operation Grants reimbursed fund (1341) in the amount of $91,995 and authorizing the City Manager to take the necessary steps to implement the required budget adjustments.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] Consent
10. Consider approving an Agreement with Three Thirty Three Arts, Walnut Creek, CA, for Installation of a Professional Public Mural in the amount of $0. (Funding Source:
Not Applicable)
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Staff Recommendation:
Resolution approving an Agreement with Three Thirty Three Arts, Walnut Creek, CA, for installation of a professional Public Mural in the amount of $0, and authorizing the City Manager, or his designee, to execute the Agreement.
PRN; Nathan Houx, 209-571-5526, [email protected]
Consent
11. Consider approving a First Amendment to the Cell Tower Site Lease Agreement at Creekside Golf Course with SBA Monarch Towers III, LLC, to increase the lease area by an additional 108 square feet and to extend the maximum term of the Agreement through May 1, 2047. (Funding Source: Cell Tower Facility Rental Revenue) Staff Recommendation:
Resolution approving a First Amendment to the Cell Tower Site Lease Agreement at Creekside Golf Course with SBA Monarch Towers III, LLC, to increase the lease area by an additional 108 square feet and to extend the maximum term of the Agreement through May 1, 2047, and authorizing the City Manager, or his designee, to execute the Agreement.
PRN; Nathan Houx, 209-571-5526, [email protected]
Consent
12. Consider approving the Amended and Restated Agreement for Maintenance Services to the Fleet Maintenance Agreement between the City of Modesto and the Stanislaus Regional Transit Authority, amending the Position Allocation Plan to add one Administrative Services Technician, three Equipment Services Technicians, four Maintenance Worker I, and reclassifying two Heavy Equipment Mechanics to two Heavy Equipment Mechanic Crew Leaders and authorizing the City Manager, or his designee to further increase the position allocations. (Funding Source: Stanislaus Regional Transit Authority)
Staff Recommendation:
Resolution approving the Amended and Restated Agreement for Maintenance Services Fleet Maintenance Agreement between the City of Modesto and the Stanislaus Regional Transit Authority, amending the Position Allocation Plan to add one Administrative Services Technician, three Equipment Services Technicians, four Maintenance Worker I, and reclassifying two Heavy Equipment Mechanics to two Heavy Equipment Mechanic Crew Leaders and authorizing the City Manager, or his designee to further increase the position allocations, and execute the agreement.
PUBLIC WORKS; Patrick Crowley, 209-342-2274, [email protected]
COUNCIL COMMENTS & REPORTS
CITY MANAGER COMMENTS & REPORTS
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UNFINISHED BUSINESS
13. Consider approving the Plans and Specifications for the West Trunk Sewer Rehabilitation Project accepting the Bid and Awarding a Construction Contract to SAK Construction, LLC, of O’Fallon, MO, in the amount of $17,871,543, authorizing 12% for contingency (if needed), for a total payment amount not to exceed $20,016,129. (Funding Source: Wastewater Fund)
Resolution approving the Plans and Specifications for the West Trunk Sewer Rehabilitation Project; accepting the Bid and Awarding a Construction Contract to SAK Construction, LLC, of O’Fallon, MO, in the amount of $17,871,543, authorizing the Director of Engineering Services to approve Change Orders up to the cumulative amount of $2,144,586, 12% of the original Contract price, for a total payment amount not to exceed $20,016,129 and authorizing the City Manager, or his designee, to execute the Contract.
Resolution amending the Fiscal Year 2023-24 Capital Improvement Program Budget in the amount of $15,024,837 to fund the Construction Phase of the West Trunk Sewer Rehabilitation Project and authorizing the City Manager, or his designee, to implement the provisions of the resolution.
UTILITIES; Cristian Ciotau, 209-571-5175, [email protected]
14. Consider a Memorandum of Understanding with Stanislaus County for the South Modesto Area Strengthen & Replace Water Mains Project in an amount not to exceed $12,699,454. (Funding Source: Water Fund)
Resolution approving a Memorandum of Understanding with Stanislaus County for the South Modesto Area Strengthen & Replace Water Mains Project, in an amount not to exceed $12,699,454 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 $13,889,454 to be transferred into the Project from Water Fund Reserves to fund the South Modesto Area Strengthen & Replace Water Mains Project and authorizing the City Manager, or his designee, to implement the provisions of the resolution.
UTILITIES; David Felix, 209-577-5488, [email protected]
HEARINGS
Published in the Modesto Bee on March 1, 2024
15. Hearing to consider approving the Application and issuance of a Permit to operate as a Non-Emergency Medical Transport Company to Active Transport Medical Services, LLC in the City of Modesto. (Funding Source: General Fund) Staff Recommendation:
Resolution approving the Application and issuance of a Permit to operate as a Non-Emergency Medical Transport Company to Active Transport Medical Services, LLC in the City of Modesto.
POLICE DEPARTMENT; Kalani Souza, 209-572-9500, [email protected] - 8 -
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Published in the Modesto Bee on March 1, 2024.
16. Hearing to consider approving the Application and issuance of a Permit to operate as a Non-Emergency Medical Transport Company to Remedy Medical Transportation in the City of Modesto (Funding Source: General Fund)
Staff Recommendation:
Resolution approving the Application and issuance of a Permit to operate as a Non-Emergency Medical Transport Company to Remedy Medical Transportation in the City of Modesto.
POLICE DEPARTMENT; Kalani Souza, 209-572-9500, [email protected]
NEW BUSINESS
17. Consider approving a Legal Services Agreement with Redwood Public Law, LLP, Oakland, CA to provide City Attorney services for the City, and re-appoint Jose M.
Sanchez as City Attorney effective March 15, 2024 and approving the modification to the Legal Services Agreement with Meyers Nave effective March 14, 2024 for limited special counsel legal services. (Funding Source: Various Funds) Staff Recommendation:
Resolution approving a Legal Services Agreement with Redwood Public Law, LLP, Oakland, CA to provide City Attorney services for the City, and reappoint Jose Sanchez as City Attorney effective March 15, 2024; and authorizing the City Manager or his designee to execute the Agreement; and approving the modification to the Legal Services Agreement with Meyers Nave and authorizing the City Manager or his designee to execute the necessary action to execute this modification.
CITY MANAGER; Joseph Lopez, 209-577-5223, [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, MARCH 12, 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:
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
One Case (Pursuant to Section 54956.9(d)(2) of the Government Code) CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Five Cases (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: Baljit Athwal, et al. v. Stanislaus County et al.
United States Eastern District
Case No.: 1:15-CV-00311
Georgia DeFilippo, et al. v. Stanislaus County et al.
United States Eastern District
Case No.: 1:18-CV-00496
Frank Carson v. Stanislaus County et al.
United States Eastern District
Case No.: 2:20-AT-00513
Eduardo Quintanar, Jr. v. Stanislaus County et al.
United States Eastern District
Case No.: 1:18-CV-01402
Walter W. Wells & Scott McFarlane v. Stanislaus County et al.
United States Eastern District
Case No.: 1:20-CV-00770
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CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCEA Negotiator: Christina Alger
Employee Organization: Modesto City Employees Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCMA Negotiator: Christina Alger
Employee Organization: Modesto Confidential & Management Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MPOA Negotiator: Christina Alger
Employee Organization: Modesto Police Officers’ Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MPNSA Negotiator: Christina Alger
Employee Organization: Modesto Police Non-Sworn Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MPMA Negotiator: Christina Alger
Employee Organization: Modesto Police Management Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCFFA Negotiator: Christina Alger
Employee Organization: Modesto City Firefighters Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – Unrepresented Negotiator: Christina Alger
Employee Organization: Unrepresented Management and Confidential Employees Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
at by
date time signature