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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 14, 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: Dallas Jackson, Renew Church
City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Presentation of the Audrey Nelson Community Development - Achievement Award to the City of Modesto for its partnership with the Downtown Streets Team. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597, [email protected]
2. Proclamation declaring May 19-25, 2024 as National Public Works Week in the City of Modesto. (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 - 4 -
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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
3. Consider approving the minutes for the May 7, 2024 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving the minutes for the May 7, 2024 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
4. Consider approving Final Adoption of Ordinance 3779-C.S. 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: Not Applicable)
Staff Recommendation:
Motion approving Final Adoption of Ordinance 3779-C.S. 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 CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
5. Consider calling for the holding of a Municipal Election to be held on November 5, 2024, requesting the Stanislaus County Board of Supervisors to Consolidate the City of Modesto Municipal Election to be held on November 5, 2024, requesting the services of the Registrar of Voters, Elections Division of the County of Stanislaus to conduct the Election on behalf of the City of Modesto and Modesto City Schools; and adopting regulations for candidates for elective office pertaining to candidates statements submitted to the voters at an Election to be held on Tuesday, November 5, 2024. (Funding Source: General Fund)
Staff Recommendation:
Resolution of the City of Modesto calling for the holding of a Municipal Election to be held on November 5, 2024, requesting from the Stanislaus County Board of Supervisors to Consolidate the City of Modesto Municipal Election to be held on November 5, 2024, requesting the services of the - 5 -
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Registrar of Voters, Elections Division of the County of Stanislaus to Conduct the Election on behalf of the City of Modesto and the Modesto City Schools. Resolution adopting Regulations for Candidates for Elective Office Pertaining to Candidates Statements Submitted to the Voters at an Election to be held on Tuesday, November 5, 2024.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
6. Consider approving a Third Amendment to the Legal Services Agreement with Rivera Hewitt Paul LLP in the amount of $150,000, for a total revised agreement amount not to exceed $550,000, and a Third Amendment to the Legal Services Agreement with Castillo, Moriarty, Tran & Robinson to adjust rates for continued representation in police related matters. (Funding Source: General Liability Insurance Fund) Staff Recommendation:
Resolution approving a Third Amendment to the Legal Services Agreement with Rivera Hewitt Paul, LLP in the amount of $150,000, for a total revised Agreement amount not to exceed $550,000, for continued representation in police litigation matters and authorizing the City Manager or his designee, to execute the amendment.
Resolution approving a Third Amendment to the Legal Services Agreement with Castillo, Moriarty, Tran & Robinson to adjust hourly rates 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] Consent
7. Consider approving the recommended Budget Adjustments to Fiscal Year 2023-24 Annual Operating and Capital Improvement Program Budgets. (Funding Source:
Various Funds)
Staff Recommendation:
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] Consent
8. Consider accepting the Grayson Community Strengthen & Replace Water Mains Project as complete, releasing securities, releasing payments totaling $2,830,219 to D.A. Wood Construction, Inc., of Oakdale, CA, and authorizing the City Clerk to file a Notice of Completion. (Funding Source: Water Fund)
Staff Recommendation:
Resolution accepting the Grayson Community Strengthen & Replace Water Mains Project as complete, releasing securities, releasing payments totaling $2,830,219 to D.A. Wood Construction, Inc., of Oakdale, CA., and authorizing the City Clerk to file a Notice of Completion.
ENGINEERING SERVICES; Peter Kambel, 209-577-5444, [email protected] - 6 -
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Consent
9. Consider authorizing submittal of a State of California Grant Application for Active Transportation Program (ATP) – Cycle 7 Funds in the amount of $11,500,000 and $3,480,000 in Local Measure L Funds for a total project amount of $14,980,000 for the Encina Avenue and Lincoln Avenue Pedestrian/Bicycle Trail Corridor Project. (Funding Source: State of California ATP Grant Funds and Local Funds – Measure L) Staff Recommendation:
Resolution authorizing submittal of a State of California Grant Application for Active Transportation Program (ATP) – Cycle 7 Funds in the amount of $11,500,000 and $3,480,000 in Local Measure L Funds for a total project amount of $14,980,000 for the Encina Avenue and Lincoln Avenue Pedestrian/Bicycle Trail Corridor Project, and authorizing the City Manager, or his designee to execute all necessary grant documents.
ENGINEERING SERVICES; Michael Sacuskie, 209-571-5552,
[email protected]
Consent
10. Consider approving a Cooperative Agreement with Caltrans for the Project Approval and Environmental Document (PA&ED) Phase of the Standiford Avenue at State Route 99. (Funding Source: Measure L and Capital Facilities Fee) Staff Recommendation:
Resolution approving a Cooperative Agreement with Caltrans for the Project Approval and Environmental Document (PA&ED) Phase of the Standiford Avenue at State Route 99 and authorizing the City Manager, or his designee to execute the Cooperative Agreement.
ENGINEERING SERVICES; Toby Wells, 209-571-5542, [email protected] Consent
11. Consider approving the Agreement for the purchase of operational supplies with The Home Depot USA. Inc, for a total amount not to exceed $1,600,000 over five years. (Funding Source: Various Funds)
Staff Recommendation:
Resolution approving the Agreement for the purchase of operational supplies to The Home Depot USA. Inc by utilizing the Competitive Bidding Process from Maricopa County, AZ for a two-year Agreement with three one-year extension options, for an annual estimated amount of $320,000 and a total amount not to exceed $1,600,000 over five years; and authorizing the City Manager or his designee to execute the Agreement.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] Consent
12. Consider approving the purchase of various Fleet Additions and Replacement of Fleet Vehicles which include four Half-Ton Crew Cab Short Bed Pickup Trucks and five Half-Ton Extended Cab Short Bed Pickup Trucks in an amount not to exceed $608,388. (Funding Source: Fleet Replacement Fund and Measure H) - 7 -
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Staff Recommendation:
Resolution approving the Award of Bid and purchase for four Half Ton Crew Cab Short Bed Pickup Trucks to Napa Ford, Napa, CA in an amount not to exceed $240,754; authorizing the Purchasing Manager, or her designee, to issue the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any Change Orders not to exceed 15% of the total purchase price, for a total amount not to exceed $276,868.
Resolution approving the Award of Bid and purchase for five Half-Ton Extended Cab Short Bed Pickup Trucks to Napa Ford, Napa, CA in an amount not to exceed $288,234; authorizing the Purchasing Manager, or her designee, to issue the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any Change Orders not to exceed 15% of the total purchase price, for a total amount not to exceed $331,470.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] Consent
13. Consider approving the purchase of protective helmets to L.N. Curtis and Sons DBA Curtis Blue Line, Walnut Creek, CA, for a total amount not to exceed $170,383. (Funding Source: Asset Forfeiture Funds)
Staff Recommendation:
Resolution approving the Competitive Bidding Process from National Purchasing Partners LLC, DBA NPPGov, League of Oregon Cities, with L.N.
Curtis and Sons DBA Curtis Blue Line, Walnut Creek, CA, for the purchase of protective helmets for a total amount not to exceed $170,383; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.
POLICE DEPARTMENT; Felton Payne, 209-572-9500, [email protected] Consent
14. Consider accepting the Modesto Police Department’s annual Military Equipment Report approving an Ordinance re-authorizing the department’s Military Equipment Use Policy (Policy 710) and authorizing the purchase of additional equipment that qualifies as “military equipment” in Fiscal Year 2024-2025. (Funding Source: General Fund, Supplemental Law Enforcement Services Fund, Asset Forfeiture Funds, and/or Police Grant Funds)
Staff Recommendation:
Motion introducing and waiving the first reading of an Ordinance approving the Modesto Police Department’s Military Equipment Use Policy (Policy 710) in accordance with CA Assembly Bill No. 481, and approving the purchase of additional equipment that qualifies as “military equipment” in Fiscal Year 2024-2025 and rescinding Ordinance No. 3763-C.S.
Motion accepting the Modesto Police Department’s annual Military Equipment Report.
POLICE DEPARTMENT; Joseph Bottoms, 209-572-9500, [email protected] Consent
15. Consider approving the Second Amendment for the city-wide pest control services to a - 8 -
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revised total amount of $393,410 and extend the term of the Agreement from April 30, 2024, to April 30, 2026. (Funding Source: Building Maintenance ISF) Staff Recommendation:
Resolution approving the Second Amendment to the Agreement with Clark Pest Control Inc., Modesto CA, for a city-wide pest control services to execute the year six and year seven extension options and increasing by $9,300 from $52,630 to a new estimated annual amount of $61,930 with a revised total amount not to exceed $393,410, extending the term of the Agreement from April 30, 2024, to April 30, 2026, and authorizing the City Manager, or his designee, to execute the Amendment.
PUBLIC WORKS; Gabe da Silva, 209-652-2579, [email protected] Consent
16. Consider approving a Purchasing Agreement with MSC Industrial Supply Co. Inc., W.
Sacramento, CA for the purchase and maintenance of bin stock items for a total amount not to exceed $1,150,764, over five years. (Funding Source: Various Funds) Staff Recommendation:
Resolution approving a Purchasing Agreement with MSC Industrial Supply Co.
Inc., W. Sacramento, CA., by utilizing the Competitive Bid Process with Sourcewell, for the purchase and maintenance of bin stock items, for a two-year Agreement with three one-year extension options, for an annual estimated amount of $204,000, and a total amount not to exceed $1,150,764, over five years, and authorizing the Director of Finance, or her designee to execute the Agreement.
UTILITIES; Jeff Daniels, 209-577-6255, [email protected]
COUNCIL COMMENTS & REPORTS
CITY MANAGER COMMENTS & REPORTS
HEARINGS
Published in the Modesto Bee on April 2, 2024
17. Hearing to consider a Second Reading and Final Adoption of Ordinance 3780-C.S., and a Resolution, to renew the Modesto Tourism Marketing District and levy assessments, pursuant to the Property and Business Improvement District Law of 1994, for a special benefit assessment district for tourism marketing services with a ten-year term. (Funding Source: Modesto Tourism Marketing District) Staff Recommendation:
Motion approving Final Adoption of Ordinance 3780-C.S. of the City of Modesto 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.
Resolution 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.
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CED; Trevin Barber, 209-860-1251, [email protected] Published in the Modesto Bee on April 24, 2024.
18. Hearing to consider an Ordinance amending Compensation for the Mayor and Councilmembers’ Salaries pursuant to the Citizens’ Salary Setting Commission’s Final Recommendations pursuant to Modesto Charter Section 703. (Funding Source: General Fund) (Funding Source: General Fund)
Staff Recommendation:
Motion Introducing and waiving the first reading of an Ordinance amending Sections 2-1.24 “Compensation of Mayor,” and 2-1.26 “Compensation of City Councilmembers,” of Chapter 1, “City Council Organization and Procedure,” of Title 2, “Administration,” of the Modesto Municipal Code, to increase the salaries of the Mayor and City Councilmembers pursuant to Charter Section 703 and the recommendations of the Citizen’s Salary Setting Commission of 2024.
CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected] Published in the Modesto Bee on May 3, 2024
19. Hearing to consider approving the application and issuance of a Permit to operate as a Non-Emergency Medical Transport Company to Mediwest Non-Emergency 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 Mediwest Non-Emergency Medical Transportation in the City of Modesto.
POLICE DEPARTMENT; Kalani Souza, 209-572-9500, [email protected]
NEW BUSINESS
20. Consider directing staff to prepare a Request for Proposals (RFP) for the purpose of issuing one commercial cannabis retail permit under the City of Modesto’s Cannabis Equity Program (Providing Local Equity Development Grants and Education (PLEDGE)). (Funding Source: Cannabis Application Fee)
Staff Recommendation:
Resolution directing staff to prepare a Request for Proposals (RFP) for the purpose of issuing one commercial cannabis retail permit under the City of Modesto’s Cannabis Equity Program (Providing Local Equity Development Grants and Education (PLEDGE)).
CED; Sean Rando, 209-577-5473, [email protected]
21. Consider and review the Draft Budget as submitted by the City Manager with the Mayor’s Final Budget Modifications and combining the documents into the Proposed Budget for Fiscal Year 2024-25 and noticing a Public Hearing to be held on June 4, 2024, for Council’s consideration and adoption of the Fiscal Year 2024-25 Proposed Budget and related actions. (Funding Source: All City Funds) Staff Recommendation:
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Resolution combining the City Manager’s Draft Budget and the Mayor’s Final Budget Modifications into the Proposed Budget for Fiscal Year 2024-25 and noticing a Public Hearing to be held on June 4, 2024, for Council’s consideration and adoption of the Fiscal Year 2024-25 Proposed Budget and related actions.
BUDGET; Steve Christensen, 209-577-5390, [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.
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 14, 2024 AT 4:45 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 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
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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
ADJOURNMENT
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
at by
date time signature