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6/25/2024 5:30:00 PM
Via Teleconference
Councilmember Escutia-Braaton
Atlanta Marriott Marquis Hotel
265 Peachtree Center Avenue, NE
Atlanta, GA. 30303
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, June 25, 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: Carlos Gonzalez, City Ministry Network
City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Poem by outgoing Poet Laureate Sal Salerno. (Funding Source: Not Applicable) PRN; Diane Sheatsley, 209-577-5418, [email protected]
2. Youth Commission Presentation (Funding Source: Not Applicable) PRN; Valerie Garcia, 209-571-5576, [email protected]
MISCELLANEOUS
Legislation, Appointments, Other
3. Consider approving the appointments for David Harter, Huelon “Herk” Usrey, and Jesse Wiggins to the Board of Building Appeals for a four-year term with a term expiration of January 01, 2027. (Funding Source: Not Applicable) Staff Recommendation:
Resolution approving the appointments of David Harter, Huelon “Herk” Usrey, and Jesse Wiggins to the City of Modesto Board of Building Appeals to a fouryear term, with a term expiration of January 01, 2027.
CED; Oscar Diaz, 209-577-5232, [email protected]
4. Consider approving the appointments of Craig Lewis and Tim Ragsdale to the Citizen’s Transportation Sales Tax Commission for a four-year term with a term from July 1, 2024 to June 30, 2028. (Funding Source: Not Applicable) Staff Recommendation:
Resolution approving the appointments of Craig Lewis and Tim Ragsdale to the Citizen’s Transportation Sales Tax Commission for a four-year term with a term from July 1, 2024 to June 30, 2028.
ENGINEERING SERVICES; Toby Wells, 209-571-5542, [email protected] - 4 -
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PUBLIC COMMENT IN PERSON
Three-minute time limit per speaker.
Only interested persons in the audience may present these matters. Under State law, Councilmembers may respond to matters being presented under this item only as follows:
a. Briefly respond to statements made or questions raised. b. Ask a question for clarification.
c. Provide a reference to staff or other resources for factual information. d. Request staff to report back at a subsequent meeting. e. Finally, a Councilmember or the Council itself may take action to direct staff to place a matter of business on a future agenda.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
Information concerning the consent items listed below has been forwarded to each Councilmember prior to this meeting for study. Unless some member of the audience or Councilmember has a question concerning an item and asks that it be withdrawn from the consent list, the Council approves the items at one time. The action taken by the Council in approving consent items is set forth in the explanation of this individual item.
CONSENT
An item may be removed from consent and discussed at the request of an audience member or Councilmember.
Consent
5. Consider approving the minutes for the June 11, 2024 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving the minutes for the June 11, 2024 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
6. Consider approving the State of California Homekey Resolution authorizing a joint application to and participation in the Homekey program for the development at 710 N. 9th Street. (Funding Source: Homekey 3 Funds)
Staff Recommendation:
Resolution of the Governing Body of the City of Modesto authorizing joint application to and participation in the Homekey Program for the development at 710 N. 9th Street.
CED; Edgar Garcia, 209-577-5211, [email protected] Consent
7. Consider approving the Second Amendment increasing the Agreement amount with 4- LEAF, Inc. for Professional Services for Plan Review and Inspection Services for a total amount not to exceed $642,000 over five years for the Rental Housing Safety - 5 -
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Program. (Funding Source: Measure H)
Staff Recommendation:
Resolution approving the Second Amendment to the Professional Services Agreement with 4-LEAF, Inc. for Inspection Services by $30,000 from $53,000 to $83,000 for the fifth year with a revised total amount not to exceed $642,000 from $612,000 over five years and authorizing the City Manager, or his designee, to execute the Amendment.
CED; Oscar Diaz, 209-571-5885, [email protected]
Consent
8. Consider approving a Modesto Forward Grant Agreement with Stanislaus Community Foundation, to support in-home childcare entrepreneurship, for a total amount not to exceed $156,758. (Funding Source: American Rescue Plan Act Funds) Staff Recommendation:
Resolution approving a Modesto Forward Grant Agreement with Stanislaus Community Foundation to support in home childcare entrepreneurship for a total amount not to exceed $156,758; and authorizing the City Manager, or his designee, to execute the Agreement.
CED; Trevin Barber, 209-571-5566, [email protected] Consent
9. Consider approving a Modesto Forward Grant Agreement with United Way of San Joaquin County for the implementation a Workforce Development Program by HealthForce Partners Northern San Joaquin Valley, for a total amount not to exceed $500,000 over two and a half years. (Funding Source: American Rescue Plan Act Funds)
Staff Recommendation:
Resolution approving a Modesto Forward Grant Agreement with United Way of San Joaquin County for the implementation of a Workforce Development Program by HealthForce Partners Northern San Joaquin Valley, for a total amount not to exceed $500,000 over two and a half years, and authorizing the City Manager, or his designee to execute the Agreement.
CED; Trevin Barber, 209-571-5566, [email protected] Consent
10. Consider approving the summary vacation of an existing 60 feet wide by approximately 192 feet long (11,505.95 square feet) road right-of-way located at APN 033-089-037. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution approving the summary vacation of an existing 60 feet wide by approximately 192 feet long (11,505.95 square feet) road right-of-way located at APN 033-089-037.
ENGINEERING SERVICES; Jaspreet Mangat, 209-577-5253,
[email protected]
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Consent
11. Consider accepting the Jennings Command Center and Hahn Lift Station Restroom Project as complete, releasing securities, releasing payments totaling $568,374 to Harris Builders, Inc., of Hilmar, CA, and authorizing the City Clerk to file a Notice of Completion (Funding Source: Wastewater Fund)
Staff Recommendation:
Resolution accepting the Jennings Command Center and Hahn Lift Station Restroom Project as complete, releasing securities, releasing payments totaling $568,374 to Harris Builders, Inc., of Hilmar, CA., and authorizing the City Clerk to file a Notice of Completion.
ENGINEERING SERVICES; Peter Kambel, 209-577-5444, [email protected] Consent
12. Consider approving the updates to the City’s Debt Management Policy. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution approving the updates to the City’s Debt Management Policy.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
Consent
13. Consider approving the updates to the City’s Investment Policy. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution approving the updates to the City’s Investment Policy.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
Consent
14. Consider accepting the Monthly Investment Report for April 2024. (Funding Source:
Various Funds)
Staff Recommendation:
Motion accepting the Monthly Investment Report for April 2024.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
Consent
15. Consider accepting an informational report on the March and April 2024 grant applications and awards (Funding Source: Not Applicable) Staff Recommendation:
Motion accepting an informational report for the March and April 2024, grant applications and awards.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
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Consent
16. Consider accepting an informational report for the May 2024 Accounts Payable Payment Register and Void Report. (Funding Source: Not Applicable) Staff Recommendation:
Motion accepting an informational report for the May 2024 Accounts Payable Payment Register and Void Report.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
Consent
17. Consider approving an Automatic Aid Agreement with Woodland Avenue Fire Protection District (WFPD) for Modesto Fire Department (MFD) to provide firerelated emergency response to County "Islands" surrounded by the Modesto City limits. (Funding Source: General Fund)
Staff Recommendation:
Resolution approving an Automatic Aid Agreement with Woodland Avenue Fire Protection District (WFPD) for Modesto Fire Department (MFD) to provide fire-related emergency response to County "Islands" surrounded by the Modesto City limits and authorizing the City Manager, or his designee, to execute the Agreement.
FIRE DEPARTMENT; Kevin Wise, 209-572-9590, [email protected] Consent
18. Consider approving the proposed Bylaw Amendments for the City of Modesto Youth Commission to increase Commission Members from nine to seventeen and extend the appointment term from one year to two years. (Funding Source: Not Applicable) Staff Recommendation:
Resolution approving the proposed Bylaw Amendments for the City of Modesto Youth Commission to increase Commission Members from nine to seventeen and extend the appointment term from one year to two years.
PRN; Jeremy Rogers, 209-577-5347, [email protected] Consent
19. Consider approving the First Amendment with Adamson Police Products, Los Alamitos, CA, for Ballistic Vests increasing the Agreement amount by $113,416 and extending the term of the Agreement from June 30, 2024, to June 30, 2025. (Funding Source: General Fund)
Staff Recommendation:
Resolution approving the First Amendment with Adamson Police Products, for Ballistic Vests, increasing the Agreement amount by $113,416 to a new total amount of $427,416 and extending the term of the Agreement from June 30, 2024, to June 30, 2025; and authorizing the City Manager, or his designee to execute the Amendment.
POLICE DEPARTMENT; Jessica Smart, 209-572-9500, [email protected] - 8 -
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Consent
20. Consider approving two Engineering Services Agreements with Carollo Engineers, of Walnut Creek, CA, for the Downtown Sewer Trunk Rehabilitation and the Santa Rosa Sewer Trunk Rehabilitation Projects, in the amount of $935,326, plus $93,534 in additional services, if needed, for a combined amount not to exceed $1,028,860. (Funding Source: Wastewater Fund)
Staff Recommendation:
Resolution approving an Engineering Services Agreement with Carollo Engineers, of Walnut Creek, CA, for the Downtown Sewer Trunk Rehabilitation Project in the amount of $497,892, plus $49,790 in additional services, if needed, for an Agreement total amount not to exceed $547,682; and authorizing the City Manager, or his designee, to execute the Agreement. Resolution approving an Engineering Services Agreement with Carollo Engineers, of Walnut Creek, CA, for the Santa Rosa Sewer Trunk Rehabilitation Project in the amount of $437,434, plus $43,744 in additional services, if needed, for an Agreement total amount not to exceed $481,178; and authorizing the City Manager, or his designee, to execute the Agreement. Resolution approving an amendment to the Fiscal Year 2023-24 Multi-Year Program Budget in the amount of $8,431,782 from Wastewater Reserves to fund the Downtown Sewer Trunk Rehabilitation and Santa Rosa Sewer Trunk Rehabilitation Projects.
UTILITIES; Cristian Ciotau, 209-577-5260, [email protected] Consent
21. Consider approving an On-Call Electrical Engineering Design Services Agreement with Pezzoni Engineering, Inc, of Modesto, CA for a total amount not to exceed $300,000 over three years, and an On-Call Architectural Design Services Agreement with Red Inc. Architects, of Modesto, CA, for a total amount not to exceed $300,000 over three years. (Funding Source: Various Capital Improvement Program Projects) Staff Recommendation:
Resolution approving an On-Call Electrical Engineering Design Services Agreement with Pezzoni Engineering, Inc., of Modesto, CA for a one-year Agreement with two one-year extension options, for an annual estimated amount of $100,000, and a total amount not to exceed $300,000 over three years; and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution approving an On-Call Architectural Design Services Agreement with Red Inc. Architects, of Modesto, CA for a one-year Agreement with two one-year extension options, for an annual estimated amount of $100,000, and a total amount not to exceed $300,000 over three years; and authorizing the City Manager, or his designee, to execute the Agreement.
UTILITIES; Edgar Vargas, 209-577-5424, [email protected] Consent
22. Consider approving an Agreement with Hach Company, Loveland, CO, for Field Services and Parts for a total amount not to exceed $389,405 over three years. - 9 -
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(Funding Source: Sewer Operations Fund)
Staff Recommendation:
Resolution approving the Sole Source Agreement with Hach Company, Loveland, CO, for Field Services and Parts for a three year Agreement, for an estimated annual amount of $123,134, and a total amount not to exceed $389,405 over three years and authorizing the Director of Finance, or her designee, the ability to add parts based on the department’s needs, ensuring the total amount does not exceed the authorized total; and authorizing the City Manager, or his designee, to execute the Agreement
UTILITIES; Jeff Daniels, 209-577-6255, [email protected]
COUNCIL COMMENTS & REPORTS
CITY MANAGER COMMENTS & REPORTS
NEW BUSINESS
23. Consider approving a Right of Entry Agreement with DignityMoves for the development of a 42-unit bridge housing project on a City-owned parcel located on the corner of 9th and E Street and approving a three-year Lease Agreement with Modesto BHBH LP in the amount of $1 per year for the operation of the Bridge Housing project. (Funding Source: Stanislaus County Funds)
Staff Recommendation:
Resolution approving a Right of Access Agreement with DignityMoves for the development of a 42-unit bridge housing project on a City-owned parcel located on the corner of 9th and E Street and authorizing the City Manager, or his designee, to negotiate and execute the Agreement.
Resolution approving a three-year lease with Modesto BHBH, LP in the amount of $1 per year for the operations of a 42-unit bridge housing project on a City-owned parcel located on the corner of 9th and E Street and authorizing the City Manager, or his designee, to negotiate and execute the Agreement.
CED; Edgar Garcia, 209-577-5211, [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, JUNE 25, 2024 AT 4:30 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
1. Consider appointing Real Property Negotiator Joseph P. Lopez, City Manager for Properties: APN: 102-012-001 and 102-012-004
Motion appointing Real Property Negotiator Joseph P. Lopez, City Manager for Properties: APN: 102-012-001 and 102-012-004
City Attorney, Jose M. Sanchez, 577-5284, [email protected] CONFERENCE WITH REAL PROPERTY NEGOTIATORS:
(Pursuant to Section 54956.8 of the Government Code)
Property: 601 Neece Dr., Modesto, CA 95351; APN: 102-012-001 and 102-012-004 Property Owners: City of Modesto
Negotiating Parties:
For City: Joseph P. Lopez, City Manager
For Lessee: The Baseball Club of Modesto, LLC
Under Negotiation: Price and Terms of Lease
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
at by
date time signature