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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, April 23, 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: Joe Duran, City Ministry Network
City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Proclamation declaring April as Earth Month. (Funding Source: Not Applicable) CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]
2. Proclamation declaring May as National Mental Health Awareness Month. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]
3. Proclamation declaring April as Autism Awareness Month and Presentation by Modesto Police Department. (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.
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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
4. Consider approving the minutes for the April 9, 2024 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving the minutes for the April 9, 2024 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
5. Consider approving the establishment of inter-fund loans from the General Fund to Fund 3224, City-Led Specific Plans in an amount not to exceed $675,000 and approving the Consultant Services Agreement with De Novo Planning Group for Specific Plan Services for $650,000, over three years. (Funding Source: General Fund) Staff Recommendation:
Resolution approving the establishment of inter-fund loans from the General Fund to Fund 3224- City-Led Specific Plan Fund, for City-Led Specific Plans in an amount not-to-exceed $675,000 for City-Led Specific Plans and authorizing the City Manager to carry out the necessary budget adjustments for up to the total amount of $675,000 to implement this action. Resolution approving the Consultant Services Agreement with De Novo Planning Group for Specific Plan Services for a total amount not to exceed $650,000 over three years and authorizing the City Manager or his designee to execute the Agreement.
CED; Peter Ibrahim, 209-577-5211, [email protected] Consent
6. Consider approving a Fourth Amendment to the Construction Management Services Agreement with WSP USA Inc. for the State Route 132 West Freeway/Expressway - Phase 1 Project, for a total amount not to exceed $13,289,933. (Funding Source: Streets Capital Facility Fees)
Staff Recommendation:
Resolution approving the Fourth Amendment to the Construction Management Services Agreement with WSP USA Inc. for the State Route 132 West Freeway/Expressway - Phase 1 Project, increasing the Agreement amount by $149,697 from $13,140,236 for a new total amount not to exceed $13,289,933, - 5 -
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and authorizing the City Manager, or his designee to execute the Fourth Amendment.
ENGINEERING SERVICES; Toby Wells, 209-571-5542, [email protected] Consent
7. Consider accepting an Informational Report for the February 2024 Accounts Payable Payment Register and Void Report. (Funding Source: Not Applicable) Staff Recommendation:
Motion accepting an Informational Report for the February 2024 Accounts Payable Payment Register and Void Report.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
Consent
8. Consider approving the Agreement for Sewer & Storm Pipe and Fittings to Ferguson Waterworks, Modesto, CA for a total amount not to exceed $875,000 over five years. (Funding Source: Wastewater and Water Funds)
Staff Recommendation:
Resolution approving the Award of Bid and Agreement for Sewer & Storm Pipe and Fittings to the Ferguson Waterworks, Modesto CA for a two-year Agreement with three one-year extension options at the sole discretion of the City, for an annual estimated cost of $175,000 and a total cost not to exceed $875,000 over five years and authorizing the Director of Finance, or her designee, to execute the Agreement.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] Consent
9. Consider approving a Second Amendment with Ferguson Waterworks, Modesto CA, for the purchase of circle clamps, gaskets, pipe couplings, tapping sleeves and sewer materials to a total revised amount of $2,995,000 over five years. (Funding Source:
Water Fund)
Staff Recommendation:
Resolution approving a Second Amendment to the Purchasing Agreement with Ferguson Waterworks, Modesto, CA, for the purchase of circle clamps, gaskets, and pipe couplings by increasing the estimated annual amount by $295,000 to $870,000 annually, to a new total amount not to exceed $2,995,000 over five years and authorizing the Director of Finance, or her designee, to execute the Amendment.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] Consent
10. Consider approving the Agreement for Uniform and Laundry Services for Citywide locations to Aramark Uniform Services, Burbank, CA for a total amount not to exceed $1,120,000 over seven years. (Funding Source: Various Funds) Staff Recommendation:
Resolution approving the Award of Proposal and Agreement for Uniform and - 6 -
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Laundry Services to Aramark Uniform Services, Burbank CA for a three-year Agreement with four one-year extension options, for an annual estimated amount of $160,000 and a total amount not to exceed $1,120,000 over seven years and authorizing the City Manager, or his designee, to execute the Agreement.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] Consent
11. Consider approving an Agreement for Polling and Survey Administration services to Zencity Technologies, Inc. Wilmington, DE and the First Amendment to Probolsky Research, LLC, San Francisco, CA, for a combined amount not to exceed $839,900 over five years. (Funding Source: Various Funds)
Staff Recommendation:
Resolution approving the Agreement for Polling and Survey Administration Services to Zencity Technologies, Inc. Wilmington, DE, and the First Amendment to Probolsky Research, San Francisco, CA, for a two-year Agreement with three one-year extension options, for an annual estimated amount of $175,200 and total amount not to exceed $839,900 over five years for the combined total of all agreements and authorizing the City Manager or his designee to execute the Agreement and Amendment.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] Consent
12. Consider amending the Classification Plan to move the positions of Park Ranger from range 1114 to range 1119 and EMS Coordinator from range 437 to range 442. (Funding Source: American Rescue Grants Fund and Measure H) Staff Recommendation:
Resolution amending the Classification Plan for the City of Modesto to amend the classifications of Police Park Ranger and Emergency Medical Services Quality Improvement Coordinator.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] Consent
13. Consider approving the Agreements for On-Call Plumbing Services to Mark III Construction, DBA M3 Services Sacramento, CA and Champion Industrial Contractors, Inc. Modesto, CA for a total combined amount not to exceed $593,127 over five years. (Funding Source: Building Maintenance Fund) Staff Recommendation:
Resolution approving the Award of Bid and Agreements for On-Call Plumbing Services to Mark III Construction, DBA M3 Services Sacramento, CA and Champion Industrial Contractors, Inc. Modesto, CA for a three-Year Agreement with two one-year extension options, for a combined annual estimated amount of $115,000, and a combined total amount not to exceed $593,127 over five years between the two Agreements, authorizing the Director of Finance, or her designee, to adjust financial amounts between both providers without exceeding an estimated annual amount of $115,000 and overall cost of - 7 -
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$593,127 and authorizing the City Manager, or his designee, to execute the Agreements.
PUBLIC WORKS; Gabe da Silva, 209-577-5319, [email protected] Consent
14. Consider accepting the State Water Resources Control Board Expedited Drinking Water Grant Program award of up to $7,115,592 for the Riverdale Park Tract Community Services District Consolidation Project and entering into a funding agreement. (Funding Source: Water Fund)
Staff Recommendation:
Resolution accepting the State Water Resources Control Board Expedited Drinking Water Grant Program award of up to $7,115,592 for the Riverdale Park Tract Community Services District Consolidation Project and authorizing the City Manager, or his designee, to enter into a funding agreement. Resolution amending the Fiscal Year 2023-24 Capital Improvement Program Revenue and Expense budgets in the combined amount of $11,273,412 to fund the Construction Phase of the Riverdale Park Tract Community Services District Consolidation Project and authorizing the City Manager, or his designee, to implement the provisions of the resolution.
UTILITIES; Jim Alves, 209-571-5557, [email protected]
COUNCIL COMMENTS & REPORTS
CITY MANAGER COMMENTS & REPORTS
HEARINGS
Published in the Modesto Bee on April 3, 2024
15. Hearing to consider an Ordinance repealing and replacing Modesto Municipal Code Title 5, Chapter 9 providing definitions, permitting requirements, and operating standards for adult-oriented businesses along with adding permitting provisions for adult performers and non-performers at adult-oriented businesses; and amending Title 10, Chapter 3, Article 3 regarding definitions for adult-oriented businesses. (Funding Source: General Fund)
Staff Recommendation:
Motion introducing and waiving the first reading of an Ordinance repealing and replacing Modesto Municipal Code Title 5, Chapter 9 providing definitions, permitting requirements, and operating standards for adult-oriented businesses along with adding permitting provisions for adult performers and nonperformers at adult-oriented businesses; and amending Title 10, Chapter 3, Article 3 regarding definitions for adult-oriented businesses.
CED; Tristan Osborn, 209-577-5267, [email protected] - 8 -
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NEW BUSINESS
16. Consider accepting the Citizens’ Salary Setting Commission 2024 Recommendations for the Mayor and Councilmembers’ salaries and setting a public hearing for the May 14, 2024 Council meeting to consider an Ordinance amending the salaries pursuant to Modesto Charter Section 703. (Funding Source: General Fund) Staff Recommendation:
Motion accepting the Citizens’ Salary Setting Commission 2024 Recommendations for the Mayor and Councilmembers’ salaries. Motion setting a Public Hearing for the May 14, 2024 Council Meeting and directing the City Attorney to draft an Ordinance amending the salaries for the Mayor and Council Members pursuant to Charter Section 703.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [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, APRIL 23, 2024 @ 5:00 P.M.
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 - EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(a) of the Government Code) Name of case(s): Robert Berbena v. City of Modesto
California Workers Compensation Appeals Board
Nos. ADJ14483235
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
at by
date time signature