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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, April 09, 2024 at 5:30 PM
Roll Call – Present: Councilmembers Alvarez, Bavaro, Ricci, Williams, Wright, Mayor Zwahlen
Absent: Councilmember Escutia-Braaton (Excused Absence) Pledge of Allegiance to the Flag
Invocation: Bill Kenoyer, Redeemer Church
City Clerk’s Announcements: None
Declaration of Conflicts of Interest: Vice Mayor Alvarez Items 12 and 28 Reports from Closed Session: City Attorney Sanchez reported there was No Reportable Action on the Closed Session item.
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Proclamation declaring April as National Volunteer Month. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597, [email protected] ACTION: Mayor Zwahlen presented proclamation declaring April as National Volunteer Month.
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2. Proclamation declaring April as Fair Housing Month. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597, [email protected] ACTION: Mayor Zwahlen presented proclamation declaring April as Fair Housing Month.
3. Proclamation declaring April as Donate Life Month. (Funding Source: Not Applicable) CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597, [email protected] ACTION: Mayor Zwahlen presented proclamation declaring April as Donate Life Month.
MISCELLANEOUS
4. Consider approving the appointment of Amin Vohra to the Board of Zoning Adjustment for a four-year term with a term expiration of December 31, 2027. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution appointing Amin Vohra to the City of Modesto Board of Zoning Adjustment, with a term expiration of December 31, 2027.
CED; Jessica Hill, 209-577-5267, [email protected]
ACTION: (Wright/Alvarez; 6/0) Resolution 2024-103 appointing Amin Vohra to the City of Modesto Board of Zoning Adjustment, with a term expiration of December 31, 2027.
5. Consider approving appointments to fill three City of Modesto vacancies for the Equity Commission for a partial unexpired term ending December 31, 2026, for all vacancies. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution approving the appointments of Jim Stokes, Adriana Garcia and Nour Poles to the Equity Commission for a partial unexpired ending term of December 31, 2026.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] ACTION: (Ricci/Alvarez; 6/0) Resolution 2024-104 approving the appointments of Jim Stokes, Adriana Garcia and Nour Poles to the Equity Commission for a partial unexpired ending term of December 31, 2026.
6. Consider accepting the resignations of Lisa Battista and Margaret James from the City of Modesto’s Equity Commission. (Funding Source: Not Applicable) Staff Recommendation:
Resolution accepting the resignations of Lisa Battista and Margaret James from the City of Modesto’s Equity Commission.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] - 3 -
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ACTION: (Williams/Wright; 6/0) Resolution 2024-105 accepting the resignations of Lisa Battista and Margaret James from the City of Modesto’s Equity Commission.
7. Consider approving the appointments of Karen Adams as a Member-At-Large and Nancy Norton of the Muni Niners Golf Club, to the Golf Courses Advisory Committee for a four-year term from January 1, 2024 through December 31, 2027. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution approving the appointments of Karen Adams as a Member-At-Large and Nancy Norton of the Muni Niners Golf Club, to the Golf Courses Advisory Committee for a four-year term from January 1, 2024 through December 31, 2027.
PRN; Jessica Franco, 209-577-5278, [email protected] ACTION: (Williams/Wright; 6/0) Resolution 2024-106 approving the appointments of Karen Adams as a Member-At-Large and Nancy Norton of the Muni Niners Golf Club, to the Golf Courses Advisory Committee for a four-year term from January 1, 2024 through December 31, 2027.
PUBLIC COMMENT IN PERSON
• Nancy Robinson, Modesto Garden Club President announced upcoming events, notably the Spring Garden Tour on April 20th, a major fundraiser. The tour will feature six beautiful gardens maintained by owners, with tickets priced at $25. Refreshments, raffles, and recognition of local businesses supporting the event are planned. Proceeds from the tour support scholarships and community projects like therapeutic gardens and city beautification. She also mentioned the upcoming replanting of downtown pots and a ribbon-cutting ceremony for the new Centennial Garden on May 16th. • Danielle Morgart, Representative of Assemblyman Alanis, shared updates on Bills related to public safety and retail theft. Bills like AB 1845 and AB 1972 passed committee and head to Appropriations, while AB 1990 is addressing consequences for retail theft. She offered assistance and highlighted the impact on local businesses. • Howard Carmen expressed frustration with housing issues, emphasizing the lack of progress and transparency. He criticized the inefficiency of communication and assistance for those in need. Howard plans to escalate the matter to higher authorities for resolution.
• Teresa Gamboa, Woodland West Community Neighborhood Chairwoman addressed concerns about a proposed tiny house village at Modesto Church of the Brethren and emphasized the need for neighborhood involvement and transparency. She expressed community opposition to the project, citing potential division and mistrust. Teresa thanked local officials for their support and invited participation in community events. - 4 -
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• John Lucas advocated for the establishment of safe camping areas for the unsheltered, criticizing the current approach as inhumane and ineffective. He urged the council to reconsider their decision and prioritize solutions for homelessness. • Zeff criticized the City's approach to homelessness, emphasizing the need for immediate action and practical solutions. He highlighted issues with existing programs and called for more direct engagement with affected individuals.
• Jerry Thompson raised concerns about gender representation on the Walk of Fame and urged action to address homelessness and mental health issues. He called for collaboration between the City and County to tackle homelessness effectively. • Derek Castle, Modesto Church of the Brethren Representative expressed the church's support for the community's concerns regarding a proposed tiny house village. He highlighted the church's history of hosting families in need and their commitment to neighborhood safety. He acknowledged the concerns raised and emphasized the need for dialogue and collaboration. He further stated that the proposal was suspended. • A concerned neighbor of Woodland West expressed deep apprehension regarding the consideration of establishing tiny homes in the neighborhood. She highlighted a lack of transparency in the decision-making process and emphasized the close-knit nature of the community. Concerns were raised about the proposed tiny homes lacking basic amenities like water and electricity, posing challenges for families. She shared concerns on the potential negative impact on the neighborhood's safety and resources. She spoke against considering any proposals for tiny homes in their residential community. She opposed any proposals for tiny homes in her neighborhood.
• Ron Sims stated he is a West Modesto Resident and voiced concerns about the potential impact of a proposed housing project on the community, particularly on children and neighborhood safety. He urged decision-makers to consider the welfare of residents and oppose the project.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS 8 - 11, 13--27: (Wright/Mayor Zwahlen; 6/0)
CONSENT
Consent
8. Consider approving the minutes for the March 12, 2024 Council Meeting. (Funding Source: Not Applicable)
Motion approving the minutes for the March 12, 2024 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Mayor Zwahlen; 6/0) Motion approving the minutes for the March 12, 2024 Council Meeting.
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Consent
9. Consider accepting the informational Fiscal Year 2023-24 General Fund Mid-Year Update Report and approving the recommended budget adjustments to the major General Fund revenues and expenditures in the Fiscal Year 2023-24 Annual Operating Budget. (Funding Source: General Fund)
Resolution accepting the informational Fiscal Year 2023-24 General Fund MidYear Update Report and approving the recommended budget adjustments to the major General Fund revenues and expenditures in the Fiscal Year 2023-24 Annual Operating Budget.
BUDGET; Steve Christensen, 209-577-5390, [email protected] ACTION: (Wright/Mayor Zwahlen; 6/0) Resolution 2024-107 accepting the informational Fiscal Year 2023-24 General Fund Mid-Year Update Report and approving the recommended budget adjustments to the major General Fund revenues and expenditures in the Fiscal Year 2023-24 Annual Operating Budget.
Consent
10. Consider approving the recommended Budget Adjustments to Fiscal Year 2023-24 Annual Operating and Capital Improvement Program Budgets. (Funding Source:
Various Funds)
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] ACTION: (Wright/Mayor Zwahlen; 6/0) Resolution 2024-108 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.
Consent
11. Consider approving a Second Amendment to the Legal Services Agreement with Castillo, Moriarty, Tran & Robinson in the amount of $250,000, for a total Agreement amount not to exceed $495,000 for continued representation in police related matters. (Funding Source: General Liability Insurance Fund)
Resolution approving a Second Amendment to the Legal Services Agreement with Castillo, Moriarty, Tran & Robinson in the amount of $250,000, for a total Agreement amount not to exceed $495,000, for continued representation in police litigation matters and authorizing the City Manager or his designee, to execute the amendment.
CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected] ACTION: (Wright/Mayor Zwahlen; 6/0) Resolution 2024-109 approving a Second Amendment to the Legal Services Agreement with Castillo, Moriarty, Tran & Robinson in the amount of $250,000, for a total Agreement amount not to exceed $495,000, for continued representation in police litigation matters and authorizing the - 6 -
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City Manager or his designee, to execute the amendment. (Recusal Vice Mayor Alvarez)
Consent
12. Consider approving a Change in Ownership request for retail dispensary Medallion Wellness. (Funding Source: Cannabis Annual Permit Fee)
Resolution approving the Change in Ownership request for retail dispensary Medallion Wellness resulting in Phenos Collective Inc. acquiring eighty percent (80%) of Medallion Wellness.
CED; Sean Rando, 209-577-5473, [email protected]
ACTION: (Bavaro/Ricci; 5/0; Alvarez Recused) Resolution 2024-110 approving the Change in Ownership request for retail dispensary Medallion Wellness resulting in Phenos Collective Inc. acquiring eighty percent (80%) of Medallion Wellness.
Consent
13. Consider approving a Homeowner Rehabilitation Loan in the amount of $88,504 and a Homeowner Rehabilitation Grant in the amount of $10,000 for a total project cost of $98,504 to Charles Mark Matteri for health and safety repairs to the residential property located at 1710 Idylwood Court, Modesto, CA 95350. (Funding Source:
Community Development Block Grant Funds)
Resolution approving a Homeowner Rehabilitation Loan in the amount of $88,504 and a Homeowner Rehabilitation Grant in the amount of $10,000 for a total project cost of $98,504 to Charles Mark Matteri for health and safety repairs to the residential property located at 1710 Idylwood Court, Modesto, CA 95350 and authorizing the City Manager, or his designee to execute the Agreements.
CED; Edgar Garcia, 209-571-5101, [email protected] ACTION: (Wright/Mayor Zwahlen; 6/0) Resolution 2024-111 approving a Homeowner Rehabilitation Loan in the amount of $88,504 and a Homeowner Rehabilitation Grant in the amount of $10,000 for a total project cost of $98,504 to Charles Mark Matteri for health and safety repairs to the residential property located at 1710 Idylwood Court, Modesto, CA 95350 and authorizing the City Manager, or his designee to execute the Agreements.
Consent
14. Consider accepting the Fiscal Year 2024-25 Engineer’s Annual Report for the Shackelford Landscape and Lighting District; Notice of Intention to Levy and Collect Assessments for the Shackelford Landscape and Lighting District; and setting a Public Hearing on June 11, 2024, to Consider the Fiscal Year 2024-25 Levy and Collection of Assessments Within the Shackelford Landscape and Lighting District. (Funding Source: Shackelford Landscape and Lighting District)
Resolution approving the Fiscal Year 2024-25 Engineer’s Annual Report for the Shackelford Landscape and Lighting District; Notice of Intention to Levy and Collect Assessments for the Shackelford Landscape and Lighting District; - 7 -
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and setting a Public Hearing on June 11, 2024, to consider the Fiscal Year 2024-25 Levy and Collection of Assessments within the Shackelford Landscape and Lighting District.
CED; Peter Ibrahim, 209-577-5211, [email protected] ACTION: (Wright/Mayor Zwahlen; 6/0) Resolution 2024-112 approving the Fiscal Year 2024-25 Engineer’s Annual Report for the Shackelford Landscape and Lighting District; Notice of Intention to Levy and Collect Assessments for the Shackelford Landscape and Lighting District; and setting a Public Hearing on June 11, 2024, to consider the Fiscal Year 2024-25 Levy and Collection of Assessments within the Shackelford Landscape and Lighting District.
Consent
15. Consider approving the Fiscal Year 2024-25 Engineer’s Annual Report and setting a Public Hearing for the levy and collection of assessment for landscape maintenance in the public right-of-way, street medians, and areas adjacent to the access control walls in 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 accepting the Fiscal Year 2024-25 Engineer’s Annual Report for Landscape Maintenance Assessment District No. 2 for Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision, and Yosemite Meadows Subdivisions Units 1 and 2; Notice of Intention to Levy and Collect Assessments for Landscape Maintenance Assessment District No. 2 for Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision, and Yosemite Meadows Subdivisions Units 1 and 2; and setting a Public Hearing on June 11, 2024 to Consider the Fiscal Year 2024-25 Levy and Collection of Assessments Within Landscape Maintenance Assessment District No. 2.
CED; Peter Ibrahim, 209-577-5211, [email protected] ACTION: (Wright/Mayor Zwahlen; 6/0) Resolution 2024-113 accepting the Fiscal Year 2024-25 Engineer’s Annual Report for Landscape Maintenance Assessment District No. 2 for Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision, and Yosemite Meadows Subdivisions Units 1 and 2; Notice of Intention to Levy and Collect Assessments for Landscape Maintenance Assessment District No. 2 for Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision, and Yosemite Meadows Subdivisions Units 1 and 2; and setting a Public Hearing on June 11, 2024 to Consider the Fiscal Year 2024-25 Levy and Collection of Assessments Within Landscape Maintenance Assessment District No. 2.
Consent
16. Consider approving Fiscal Year 2024-2025 Engineer’s Report and setting a Public Hearing on June 11, 2024 for the levy and collection of assessments for landscape maintenance in the public right-of-way, street medians, and areas adjacent to the access control walls in Dry Creek Meadows Subdivisions Nos. 1-6. (Funding Source:
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Landscape Maintenance District No. 1)
Resolution accepting Fiscal Year 2024-25 Engineer’s Annual Report for Landscape Maintenance Assessment District No. 1 for Dry Creek Meadows Subdivisions Nos. 1-6; Notice of Intention to Levy and Collect Assessments for Landscape Maintenance Assessment District No. 1 for Dry Creek Meadows Subdivisions Nos. 1-6 and setting a Public Hearing on June 2511, 2024, to Consider the Fiscal Year 2024-25 Levy and Collection of Assessments Within Landscape Maintenance Assessment District No. 1.
CED; Peter Ibrahim, 209-577-5211, [email protected] ACTION: (Wright/Mayor Zwahlen; 6/0) Resolution 2024-114 accepting Fiscal Year 2024-25 Engineer’s Annual Report for Landscape Maintenance Assessment District No. 1 for Dry Creek Meadows Subdivisions Nos. 1-6; Notice of Intention to Levy and Collect Assessments for Landscape Maintenance Assessment District No. 1 for Dry Creek Meadows Subdivisions Nos. 1-6 and setting a Public Hearing on June 2511, 2024, to Consider the Fiscal Year 2024-25 Levy and Collection of Assessments Within Landscape Maintenance Assessment District No. 1.
Consent
17. Consider accepting the Monthly Investment Report for January 2024. (Funding Source:
Various Funds)
Motion accepting the Monthly Investment Report for January 2024.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
ACTION: (Wright/Mayor Zwahlen; 6/0) Motion accepting the Monthly Investment Report for January 2024.
Consent
18. Consider accepting an Informational Report on the November and December 2023 Grant Applications and Awards. (Funding Source: Not Applicable) Motion accepting an Informational Report for the November and December 2023 Grant Applications and Awards.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Wright/Mayor Zwahlen; 6/0) Motion accepting an Informational Report for the November and December 2023 Grant Applications and Awards.
Consent
19. Consider accepting the Annual Fire Inspection Report for 2023. (Funding Source: Not Applicable)
Resolution accepting the Annual Fire Inspection Report for 2023.
FIRE DEPARTMENT; Kevin Wise, 209-572-9590, [email protected] ACTION: (Wright/Mayor Zwahlen; 6/0) Resolution 2024-115 accepting the Annual - 9 -
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Fire Inspection Report for 2023.
Consent
20. Consider approving the submission of an application and accepting an award for the Fiscal Year 2023 Staffing for Adequate Fire and Emergency Response (SAFER) Grant in the amount of $5,149,722 to fund nine (9) firefighter positions and authorize the City Manager, or his designee, to submit the application. (Funding Source: General Fund)
Resolution approving the submission of an application and accepting an award for the Fiscal Year 2023 Staffing for Adequate Fire and Emergency Response (SAFER) Grant in the amount of $5,149,722 to fund nine (9) firefighter positions and authorize the City Manager, or his designee, to submit the application.
FIRE DEPARTMENT; Kevin Wise, 209-572-9590, [email protected] ACTION: (Wright/Mayor Zwahlen; 6/0) Resolution 2024-116 approving the submission of an application and accepting an award for the Fiscal Year 2023 Staffing for Adequate Fire and Emergency Response (SAFER) Grant in the amount of $5,149,722 to fund nine firefighter positions and authorize the City Manager, or his designee, to submit the application.
Consent
21. Consider approving a First Amendment to the Purchasing Agreement with Curtis Blue Line, Oakland CA (Formerly known as (FKA) L.N. Curtis and Sons) for personal protection equipment to a revised total amount not to exceed $3,448,082 over five years. (Funding Source: General Fund)
Resolution approving a First Amendment to the Purchase Agreement with Curtis Blue Line (FKA L.N. Curtis and Sons) for personal protection equipment to increase the Agreement in the amount of $2,148,082 to a revised total amount not to exceed $3,448,082 over five years and authorizing the Director of Finance, or her designee, to execute the Amendment.
FIRE DEPARTMENT; Kevin Wise, 209-572-9590, [email protected] ACTION: (Wright/Mayor Zwahlen; 6/0) Resolution 2024-117 approving a First Amendment to the Purchase Agreement with Curtis Blue Line (FKA L.N. Curtis and Sons) for personal protection equipment to increase the Agreement in the amount of $2,148,082 to a revised total amount not to exceed $3,448,082 over five years and authorizing the Director of Finance, or her designee, to execute the Amendment.
Consent
22. Consider increasing the Director of Engineering Services authority to issue Change Orders on the Tuolumne River Regional Park (TRRP) Non-Motorized Boat Launch Project from eight percent (8%) ($132,716) to fifteen and one-half percent (15.5%) ($257,138) for a total amount not to exceed $1,916,093. (Funding Source: TRRP Capital Improvement Program (CIP) Fund, Parks CFF Fund, and Non-Motorized Boating Facilities Grant Program Funds)
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Resolution increasing the Director of Engineering Services authority to issue Change Orders on the Tuolumne River Regional Park (TRRP) Non-Motorized Boat Launch Project from the contracted contingency amount of eight percent (8%) ($132,716) to fifteen- and one-half percent (15.5%) ($257,138) of the original construction contract price of $1,658,955 with Harris Builders, Inc., of Hilmar, CA, for a total amount not to exceed $1,916,093.
PRN; Nathan Houx, 209-571-5526, [email protected]
ACTION: (Wright/Mayor Zwahlen; 6/0) Resolution 2024-118 increasing the Director of Engineering Services authority to issue Change Orders on the Tuolumne River Regional Park (TRRP) Non-Motorized Boat Launch Project from the contracted contingency amount of eight percent (8%) ($132,716) to fifteen- and one-half percent (15.5%) ($257,138) of the original construction contract price of $1,658,955 with Harris Builders, Inc., of Hilmar, CA, for a total amount not to exceed $1,916,093.
Consent
23. Consider an Agreement with Ground Zero Analysis, Inc., Modesto, CA, for Environmental Monitoring of Methane Gas and Groundwater Testing, and Reporting for the Carpenter Road Landfill and the Compost Facility for a total amount not to exceed $332,923 over five years. (Funding Source: Carpenter Road Landfill and Compost Facility)
Resolution approving the Agreement with Ground Zero Analysis, Inc., Modesto, CA, for Environmental Monitoring of Methane Gas and Groundwater Testing, and Reporting for the Carpenter Road Landfill and the Compost Facility for a total amount not to exceed $332,923 over five years, and authorizing the City Manager, or his designee, to execute the Agreement.
PUBLIC WORKS; Rosene Nguyen, 209-577-5453, [email protected] ACTION: (Wright/Mayor Zwahlen; 6/0) Resolution 2024-119 approving the Agreement with Ground Zero Analysis, Inc., Modesto, CA, for Environmental Monitoring of Methane Gas and Groundwater Testing, and Reporting for the Carpenter Road Landfill and the Compost Facility for a total amount not to exceed $332,923 over five years, and authorizing the City Manager, or his designee, to execute the Agreement.
Consent
24. Consider a Memorandum of Understanding with Stanislaus County for the South Modesto Area Strengthen & Replace Water Mains Project in an amount not to exceed $12,850,000 and rescinding Resolution No. 2024-098. (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 $12,850,000, rescinding Resolution No. 2024-098, and authorizing the City Manager, or his designee, to execute the Agreement.
UTILITIES; David Felix, 209-577-5488, [email protected] - 11 -
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ACTION: (Wright/Mayor Zwahlen; 6/0) Resolution 2024-120 approving a Memorandum of Understanding with Stanislaus County for the South Modesto Area Strengthen & Replace Water Mains Project, in an amount not to exceed $12,850,000, rescinding Resolution No. 2024-098, and authorizing the City Manager, or his designee, to execute the Agreement.
Consent
25. Consider approving an Agreement for the Transport of Non-Hazardous Wastewater Debris to Disposal Site Services with Compactor Management Company LLC, Union City, CA, for a total amount not to exceed $282,050, over five years. (Funding Source:
Sewer Operations Funds)
Resolution approving the Award of Bid and Agreement for the Transport of Non-Hazardous Wastewater Debris to Disposal Site Services to Compactor Management Company LLC, Union City, CA, for a (2) two-year Agreement with (3) three one-year extension options, for an estimated annual amount of $50,000 and a total amount not to exceed $282,050 over five years; and authorizing the City Manager, or his designee to execute the Agreement.
UTILITIES; Jeff Daniels, 209-577-6255, [email protected] ACTION: (Wright/Mayor Zwahlen; 6/0) Resolution 2024-121 approving the Award of Bid and Agreement for the Transport of Non-Hazardous Wastewater Debris to Disposal Site Services to Compactor Management Company LLC, Union City, CA, for a two-year Agreement with three one-year extension options, for an estimated annual amount of $50,000 and a total amount not to exceed $282,050 over five years; and authorizing the City Manager, or his designee to execute the Agreement.
Consent
26. Consider approving the First Amendment to the Agreement with Duke’s Root Control Service for the provision of Sewer Root Control Services to a revised total amount not to exceed $551,758 over five years. (Funding Source: Sewer Operations Fund) Resolution approving the First Amendment increasing the Agreement amount with Duke’s Root Control Service, for Sewer Root Control Services by $54,121 from $65,879 to a revised annual estimated amount of $120,000, to be applied to Agreement years three (3), four (4), and five (5), and an additional 25% to be included in Agreement years four (4) and five (5), and a new total amount not to exceed $551,758 over five years; and authorizing the City Manager, or his designee to execute the Amendment.
UTILITIES; Jeff Daniels, 209-577-6255, [email protected] ACTION: (Wright/Mayor Zwahlen; 6/0) Resolution 2024-122 approving the First Amendment increasing the Agreement amount with Duke’s Root Control Service, for Sewer Root Control Services by $54,121 from $65,879 to a revised annual estimated amount of $120,000, to be applied to Agreement years three, four, and five, and an additional 25% to be included in Agreement years four and five, and a new total amount not to exceed $551,758 over five years; and authorizing the City Manager, or his designee to execute the Amendment.
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Consent
27. Consider approving the Fourth Amendment with Bay City Electric Works, Livermore, CA for the Generator Repair Service and Preventative Maintenance Agreement for a revised total amount of $935,000, and extending the term of the Agreement from May 10, 2024, to August 31, 2024. (Funding Source: Various Funds) Resolution approving the Fourth Amendment increasing the Agreement amount with Bay City Electric Works, Livermore, CA for the Generator Repair Service and Preventative Maintenance Services by $360,000 from $575,000 for a new total amount of $935,000 and extending the term of the Agreement from May 10, 2024, to August 31, 2024; and authorizing the City Manager, or his designee to execute the Fourth Amendment.
UTILITIES; Jeff Daniels, 209-577-6255, [email protected] ACTION: (Wright/Mayor Zwahlen; 6/0) Resolution 2024-123 approving the Fourth Amendment increasing the Agreement amount with Bay City Electric Works, Livermore, CA for the Generator Repair Service and Preventative Maintenance Services by $360,000 from $575,000 for a new total amount of $935,000 and extending the term of the Agreement from May 10, 2024, to August 31, 2024; and authorizing the City Manager, or his designee to execute the Fourth Amendment.
COUNCIL COMMENTS & REPORTS
Council Member Williams informed the public about the "Walk on Fire" event supporting veterans, addressing the issue of veteran suicides. He also thanked the church for its community service efforts and shared upcoming events, including a budget workshop.
Council Member Bavaro commended the Modesto Police Department for crime reduction statistics and attendance at the Modesto Police Officers Association's installation dinner.
Council Member Ricci expressed concerns about the slow progress in addressing homelessness and suggested exploring immediate solutions.
Vice Mayor Alvarez highlighted federal funding for the City's 911 center, the return of farmers markets and First Fridays events, and efforts to celebrate cruising and Chicano culture.
Mayor Zwahlen reported on attending a women in construction event, the Modesto Police Department's promotion ceremony, and the groundbreaking for a Kaiser clinic offering various medical services.
CITY MANAGER COMMENTS & REPORTS
None
HEARINGS
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(Recusal Vice Mayor Alvarez)
Published in the Modesto Bee on February 16, 2024.
Continued from February 27, 2024.
28. 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. (Funding Source: Cannabis Permit Application Fee and Annual Permit Fee) Resolution approving the relocation request for Medallion Wellness from 1313 McHenry Avenue to 408 Paradise Road with the granting of a Residential Proximity Waiver.
CED; Sean Rando, 209-577-5473, [email protected]
ACTION: (Bavaro/Ricci; 5/0; Alvarez Recused) Resolution 2024-124 approving the relocation request for Medallion Wellness from 1313 McHenry Avenue to 408 Paradise Road with the granting of a Residential Proximity Waiver.
Recessed: 6:53pm
Reconvened: 6:59 pm
NEW BUSINESS
29. Consider an Agreement for Hot Patch Services with Adams Underground III of Waterford, CA, and United Pavement Maintenance, Inc. of Hughson, CA, for a total combined amount not to exceed $20,570,000 over five years. (Funding Source:
Various Funds)
Resolution approving the Award of Bid and Agreements for Hot Patch Services to Adams Underground III of Waterford, CA as Primary Contractor, and United Pavement Maintenance, Inc. of Hughson, CA as Secondary Contractor, for a two (2) year Agreement with three (3) one-year extension options, for an annual estimated amount of $3,500,000 and a total combined amount not to exceed $20,570,000 over five years; and authorizing the Director of Finance to adjust Agreement totals between vendors based on contractor’s availability and department’s needs, ensuring the combined total amount does not change and authorizing the City Manager, or his designee, to execute the Agreements.
UTILITIES; Jeremy Parnell, 209-342-4599, [email protected] ACTION: (Wright/Williams; 6/0) Resolution 2024-125 approving the Award of Bid and Agreements for Hot Patch Services to Adams Underground III of Waterford, CA as Primary Contractor, and United Pavement Maintenance, Inc. of Hughson, CA as Secondary Contractor, for a two year Agreement with three one-year extension options, for an annual estimated amount of $3,500,000 and a total combined amount not to exceed $20,570,000 over five years; and authorizing the Director of Finance to adjust Agreement totals between vendors based on contractor’s availability and department’s needs, ensuring the combined total amount does not change and authorizing the City Manager, or his designee, to execute the Agreements.
30. Consider approving the Certificate of Canvass of Votes from the March 5, 2024 - 14 -
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Election. (Funding Source: General Fund)
Resolution of the Council of the City of Modesto Confirming the Canvass of the Municipal Election which was held in the City of Modesto on March 5, 2024 and Declaring the Results of Said Election and such other matters as provided by law.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Williams; 6/0) Resolution 2024-126 of the Council of the City of Modesto Confirming the Canvass of the Municipal Election which was held in the City of Modesto on March 5, 2024 and Declaring the Results of Said Election and such other matters as provided by law.
MATTERS TOO LATE FOR THE AGENDA
None
ADJOURNMENT
This meeting adjourned at 7:23 P.M.
All Closed Session Matters Heard Prior to the Meeting
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: City of Modesto v. California State Water Resources Control Board
Superior Court of California, County of Sacramento
Sacramento County Case No: 34-2019-80003051
Attest:____________________________
Diane Nayares-Perez, City Clerk