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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, May 07, 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: Bill Kenoyer, Reedemer Church
City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Proclamation declaring May 5th - 11th as National Public Service Recognition Week. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]
2. Proclamation declaring May as National Older Americans Month. (Funding Source:
Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]
3. Proclamation declaring National Salvation Army Week of May 13th – May 19th. (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. - 4 -
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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.
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 23, 2024 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving the minutes for the April 23, 2024 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
5. Consider approving Final Adoption of Ordinance 3778-C.S. 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 adultoriented businesses. (Funding Source: Not Applicable) Staff Recommendation:
Motion approving Final Adoption of Ordinance 3778-C.S. 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.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
6. Consider the annexation of Assessor Parcel Number (APNs) 077-008-039 and 077- 008-040 totaling approximately 33.694 acres, to the City of Modesto Community Facilities District (CFD) No. 2004-1 (Village One #2) and authorization of the levy of special tax on the properties located within the annexation map. (Funding Source:
Developer Deposit)
Staff Recommendation:
Resolution of Intention to annex Assessor Parcel Numbers (APNs) 077-008- 039 and 077-008-040 totaling approximately 33.694 acres, to the City of - 5 -
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Modesto Community Facilities District (CFD) No. 2004-1 (Village One #2) and to authorize the levy of special tax on the properties located within the annexation map (Annexation #20).
CED; Peter Ibrahim, 209-577-5211, [email protected] Consent
7. Consider accepting the Monthly Investment Report for February 2024. (Funding Source: Various Funds)
Staff Recommendation:
Motion accepting the Monthly Investment Report for February 2024.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
Consent
8. Consider accepting an informational report for the March 2024 Accounts Payable Payment Register and Void Report. (Funding Source: Not Applicable) Staff Recommendation:
Motion accepting an informational report for the March 2024 Accounts Payable Payment Register and Void Report.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
Consent
9. Consider accepting an Informational Report on the January and February 2024 Grant Applications and Awards. (Funding Source: Not Applicable) Staff Recommendation:
Motion accepting an Informational Report for the January and February 2024, Grant Applications and Awards.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
Consent
10. Consider approving the Second Amendment for Backflow Prevention Testing Services to a revised total amount not to exceed $650,000. (Funding Source: Various Funds) Staff Recommendation:
Resolution approving the Second Amendment increasing the Agreement amount with Sameday Backflow Service, for Backflow Prevention Testing Services and Repairs by $425,000 from $225,000 to a new total amount not to exceed $650,000; and authorizing the City Manager, or his designee to execute the Amendment.
PRN; Kelly Gallagher, 209-342-2270, [email protected] Consent
11. Consider approving the First Amendment with HDR Engineering, Inc. for the Feasibility Study for the City of Modesto’s Compost Facility in the amount of $96,062, to a revised total amount not to exceed $193,117 over the term of the original - 6 -
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Agreement. (Funding Source: Compost Facility Improvement Fund) Staff Recommendation:
Resolution approving the First Amendment with HDR Engineering, Inc. for the Feasibility Study for the City of Modesto’s Compost Facility, increasing the Agreement amount by $96,062 from $97,055 to a new revised total amount not to exceed $193,117 over the term of the original Agreement, and authorizing the City Manager, or his designee, to execute the Amendment.
PUBLIC WORKS; Rahimullah Sabur, 209-577-5145, [email protected] Consent
12. Consider approving the Plans and Specifications for the Jennings Well Treatment Improvements Project accepting the Bid and Awarding a Construction Contract to TNT Industrial Contractors Inc., of Sacramento, CA, in the amount of $1,135,700, authorizing 15% for contingency, if needed, for a total payment amount not to exceed $1,306,055 and approving an Agreement with West Yost Associates, of Sacramento, CA, for Engineering Support During Construction Services for a total amount not to exceed $86,570. (Funding Source: Wastewater Fund)
Staff Recommendation:
Resolution approving the Plans and Specifications for the Jennings Well Treatment Improvements Project; accepting the Bid and Awarding a Construction Contract to TNT Industrial Contractors Inc., of Sacramento, CA, in the amount of $1,135,700, authorizing the Director of Engineering Services to approve Change Orders up to the cumulative amount of $170,355, 15% of the original contract price, for a total payment amount not to exceed $1,306,055 and authorizing the City Manager, or his designee, to execute the Contract. Resolution approving an Agreement with West Yost Associates, of Sacramento, CA, for Engineering Support During Construction Services for the Jennings Well Treatment Improvements Project, in the amount of $78,700, plus $7,870 in additional services, if needed, for an Agreement total amount not to exceed $86,570 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 $1,666,175 to fund the Construction Phase of the Jennings Well Treatment Improvements Project and authorizing the City Manager, or his designee, to implement the provisions of the resolution.
UTILITIES; Cristian Ciotau, 209-571-5175, [email protected] Consent
13. Consider accepting the Spencer/Marshall Neighborhood Sewer Improvements Pocket Area 7, Phases 1 & 2 as complete; approving the annexing of the improvements into Modesto Municipal Sewer District No. 1, and the issuance of a blanket Will Serve Letter. (Funding Source: Wastewater Fund)
Staff Recommendation:
Resolution accepting the Spencer/Marshall Neighborhood Sewer Improvements (Pocket Area 7), Phases 1 & 2 as complete, and annexing the improvements into Modesto Municipal Sewer District No. 1.
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Resolution approving a blanket Will Serve Letter for 44 parcels in the Spencer/Marshall Neighborhood, Pocket Area 7, Phases 1 & 2, allowing connection to the City of Modesto’s Sanitary Sewer System, and authorizing the City Manager, or his designee, to execute the Will Serve Letter.
UTILITIES; Jim Alves, 209-571-5557, [email protected] Consent
14. Consider approving a First Amendment to the Consultant Services Agreement with Trihydro Corporation, of Laramie, WY for the Nitrate/Arsenic/Uranium Remedial Investigation/Feasibility Study in the amount of $26,172 for an Agreement total revised amount not to exceed $2,162,570. (Funding Source: Water Fund) Staff Recommendation:
Resolution approving a First Amendment to the Consultant Services Agreement with Trihydro Corporation, of Laramie, WY for the Nitrate/Arsenic/Uranium Remedial Investigation/Feasibility Study in the amount of $26,172, for an Agreement total revised amount not to exceed $2,162,570 and authorizing the City Manager, or his designee, to execute the Amendment. Resolution amending the Fiscal Year 2023-24 Multi-Year Program Budget in the amount of $26,172 to be transferred into the Nitrate/Arsenic/Uranium Remedial Investigation/Feasibility Study Project from Water Fund Reserves 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
UNFINISHED BUSINESS
15. Consider approving a Modesto Forward Grant Agreement with the Salvation Army for the operation of the Day Center program with a term of May 1, 2024 to September 30, 2024 for an amount not to exceed $262,680; approving a First Amendment for an extension to the Safe Parking program to September 30, 2024 in an additional amount not to exceed $103,033 for a total revised amount of $264,755; approving an Agreement with the Salvation Army for operation of the Berberian Shelter from January 1, 2024 to May 31, 2024 in an amount not exceed $375,000 in ESG-CV funds; and approving a Modesto Forward Grant Agreement with the Salvation Army for operation of the Berberian Shelter from June 1, 2024 to September 30, 2024 in amount not to exceed $300,000. (Funding Source: Cares Act Emergency Solutions Grant and American Rescue Plan Act Funds)
Resolution approving a Modesto Forward Grant Agreement with the Salvation Army for the operation of the Day Center in the amount not to exceed $262,680 with a term of May 1, 2024, to September 30, 2024, and authorizing the City - 8 -
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Manager or his designee to negotiate and execute the Agreement for the continued operations of the program.
Resolution approving a Modesto Forward Grant Agreement with the Salvation Army for the operation of the Berberian Shelter in the amount not to exceed $300,000, with a term of June 1, 2024, to September 30, 2024, and authorizing the City Manager or his designee to negotiate and execute an Agreement for the operations of the program.
Resolution approving an Agreement with the Salvation Army for the operation of the Berberian Shelter in an amount not to exceed $375,000 in ESG-CV funds to support shelter operations with a term from January 1, 2024, through May 31, 2024, and authorizing the City Manager or his designee to negotiate and execute the Agreements.
Resolution approving a First Amendment to the Agreement with The Salvation Army for the operation of the Safe Parking program in the amount not to exceed $103,033 for a grand total amount of $264,755, extending the term to September 30, 2024, and authorizing the City Manager or his designee to negotiate and execute any required an Agreement for the operations of the program and to take the necessary steps to implement the provisions of this resolution.
Resolution amending the Fiscal Year 2023-2024 Multi-Year Fund Budget for project number 101460 for the Salvation Army’s Day Center, Berberian Shelter, and Safe Parking programs using Emergency Solutions Grant Cares Act (ESG-CV) reallocated funds and American Rescue Plan Act (ARPA) funds and authorizing the City Manager or his designee to take the necessary steps to implement the provisions of this resolution.
CED; Edgar Garcia, 209-577-5211, [email protected]
HEARINGS
Published in the Modesto Bee on April 26, 2024.
16. Hearing to consider an Ordinance amending Section 3-1.303 of the Modesto Municipal Code, titled “Administrative Penalties and Remedies,” to increase the administrative fines for violations of the Fire Code, including illegal fireworks violations, adding Section 3-1.304 related to Third Party Administrative Citations, adding Section 3-1.305 related to Response Costs and making other changes related to enforcement and administration of the Fire Code. (Funding Source: General Fund) Staff Recommendation:
Motion introducing and waiving the first reading of an Ordinance amending Section 3-1.303 of the Modesto Municipal Code, titled “Administrative Penalties and Remedies,” to increase the administrative fines for violations of the Fire Code, including illegal fireworks violations, adding Section 3-1.304 related to Third Party Administrative Citations, adding Section 3-1.305 related to Response Costs and making other changes related to enforcement and administration of the Fire Code.
CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected] - 9 -
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Published in the Modesto Bee on April 7, 2024.
17. Hearing to accept and approve the 2024-2025 Annual Action Plan, 2024-2025 annual U.S Department of Housing and Urban Development allocation in the estimated amount of $2,861,451, and to submit the 2024-2025 Annual Action Plan including applicable documentation, as required by U.S. Department of Housing and Urban Development. (Funding Source: HUD Entitlement Funding)
Staff Recommendation:
Resolution approving the 2024-2025 Annual Action Plan, 2024-2025 annual U.S Department of Housing and Urban Development allocation in the estimated amount of $2,861,451, authorizing the City Manager, or his designee, to negotiate and execute any related program Agreements, Contracts, amend allocations, incorporate comments received prior to the close of the public comment period, make any other technical alterations as required by U.S.
Department of Housing and Urban Development, or other documentation required for implementation and acceptance of the Program Year 2024-2025 Annual Action Plan funding, and authorization to submit the 2024 Annual Action Plan including applicable documentation and to make the necessary steps to implement the provision of this resolution.
Resolution approving the actual allocation of funds outlined in the final Program Year 2024-2025 Annual Action Plan budget to reflect the proposal submitted to the U.S. Department of Housing and Urban Development and authorizing the City Manager, or his designee, to take the necessary steps to implement the provisions of this resolution.
CED; Edgar Garcia, 209-577-5211, [email protected]
NEW BUSINESS
18. Consider approving a Resolution setting forth Modesto’s commitment to creating equitable parks, and protective and healthy environments. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution setting forth Modesto’s commitment to creating equitable parks, and protective and healthy environments.
PRN; Nathan Houx, 209-571-5526, [email protected]
19. Consider an Ordinance to renew the Modesto Tourism Marketing District pursuant to the Property and Business Improvement District Law of 1994 for the renewal of a special benefit assessment district for tourism marketing services with a ten-year term. (Funding Source: Modesto Tourism Marketing District)
Staff Recommendation:
Motion introducing and waiving the first reading of an Ordinance declaring formation of the Modesto Tourism Marketing District pursuant to the Property and Business Improvement District Law of 1994 for a renewed ten-year term.
CED; Trevin Barber, 209-860-1251, [email protected]
MATTERS TOO LATE FOR THE AGENDA
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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
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, MAY 7, 2024 @ 4:15 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(d)(1) of the Government Code) Name of Case: City of Modesto v. Kimberly Soranno
Superior Court of California, County of Stanislaus
Case No.: CV-22-002099
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 - 11 -
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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