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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, July 09, 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, programs, or activities. For more information, please visit the City of Modesto website at - 3 -
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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: Mark Hammond, Celebration Center
City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Proclamation declaring July as National Parks and Recreation Month. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597, [email protected]
2. Proclamation declaring July as Plastic Free July. (Funding Source: Not Applicable) CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597, [email protected]
3. Proclamation declaring August 4-10, 2024 as National Health Center Week. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597, [email protected]
4. Proclamation declaring August 6th as National Night Out. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597, [email protected]
MISCELLANEOUS
Legislation, Appointments, Other
5. Consider accepting the resignation of David Seymour from the Landmark Preservation Commission (Funding Source: Not Applicable)
Staff Recommendation:
Resolution accepting the resignation of David Seymour from the City of Modesto Landmark Preservation Commission
CED; Jessica Hill, 209-577-5267, [email protected]
6. Consider appointing David Barber, Margie Johnson, and Gloria Edith Verdin to the City of Modesto Citizen’s Housing and Community Development Committee with - 4 -
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terms expiring December 31, 2027 (Funding Source: Not Applicable) Staff Recommendation:
Resolution appointing David Barber, Margie Johnson and Gloria Edith Verdin to the City of Modesto Citizens’ Housing and Community Development Committee with terms expiring December 31, 2027.
CED; Jessica Hill, 209-577-5321, [email protected]
7. Consider appointing Joan Clendenin to the City of Modesto Landmark Preservation Commission with term expiring December 31, 2027 (Funding Source: Not Applicable) Staff Recommendation:
Resolution appointing Joan Clendenin to the City of Modesto Landmark Preservation Commission with a term expiring December 31, 2027 CED; Jessica Hill, 209-577-5267, [email protected]
8. Consider approving the appointments of Evan Yoshino as a Member-At-Large for a four-year term from January 1, 2024, to December 31, 2027 and Martin Montez as a Youth Member-At-Large for a one-year term from July 1, 2024 to June 30, 2025, on the City of Modesto Golf Courses Advisory Committee. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution approving the appointments of Evan Yoshino as a Member-AtLarge for a four-year term from January 1, 2024, to December 31, 2027 and Martin Montez as a Youth Member-At-Large for a one-year term from July 1, 2024 to June 30, 2025, on the City of Modesto Golf Courses Advisory Committee.
PRN; Jessica Franco, 209-577-5278, [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 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. - 5 -
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CONSENT
An item may be removed from consent and discussed at the request of an audience member or Councilmember.
Consent
9. Consider approving the minutes for the June 25, 2024 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving the minutes for the June 25, 2024 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
10. Consider accepting the 2024 Citywide Internal Controls Review Report. (Funding Source: Not Applicable)
Staff Recommendation:
Motion accepting the Internal Controls Review Report
CITY AUDITOR; Colleen Rozillis, 206-302-6795, [email protected] Consent
11. Consider approving the purchase of a Public Safety Computer Aided Dispatch (CAD) system and associated public safety mobile and workstation licenses from Central Square Technologies for a total amount not to exceed $2,977,904. (Funding Source:
Measure H, Grant Funding)
Staff Recommendation:
Resolution approving the competitive bidding process from the City of Glendale with Central Square Technologies, Lake Mary, FL for the purchase of a Public Safety Computer Aided Dispatch (CAD) system and associated components with Central Square Technologies for a total amount not to exceed $2,977,904; authorizing the City Manager or his designee to negotiate and enter into an agreement with Central Square Technologies; to carry out any necessary budget adjustments to implement the approved funding for the purchase and negotiate and enter into agreements with the County of Stanislaus, Stanislaus Regional 9-1-1 (SR911) and those agencies dispatched by SR911, allowing the agencies to use the CAD system at their cost.
CITY MANAGER; Scotty Douglass, 209-577-9149, [email protected] Consent
12. 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] - 6 -
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Consent
13. Consider approving a First Amendment to the Memorandum of Understanding (MOU) with the Stanislaus Council of Governments (StanCOG) for Regional Early Action Planning Grant Program Funds. (Funding Source: Regional Early Action Planning (REAP) Grant Funds)
Staff Recommendation:
Resolution approving a First Amendment to the Memorandum of Understanding with the Stanislaus Council of Governments for a suballocation of Regional Early Action Planning Grant Program Funds; and authorizing the City Manager, or his designee to sign the First Amendment to the Memorandum of Understanding.
Resolution amending Fiscal Year 2024-25 Multi-Year project budget for project 100838 – Modesto General Plan Update in the amount of $219,654.13 to recognize the additional allocation under the Regional Early Action Planning (REAP) Grant, and fund certain housing-related work associated with the comprehensive General Plan update; and authorizing the City Manager, or his designee, to implement the provisions of this resolution.
CED; Sean Rando, 209-577-5473, [email protected]
Consent
14. Consider a one-year extension of the Transient Occupancy Tax Funding Agreement and the Modesto Tourism Marketing District Owners’ Association Agreement with Visit Modesto for Tourism Marketing Services. (Funding Source: General Fund) Staff Recommendation:
Resolution approving a one-year extension of the Transient Occupancy Tax Funding Agreement with Visit Modesto, Inc. for Convention and Tourism Services, and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution approving a one-year extension of the Modesto Tourism Marketing District Owners’ Association Agreement with Visit Modesto, Inc. for Convention and Tourism Services, and authorizing the City Manager, or his designee, to execute the Agreement.
CED; Trevin Barber, 209-860-1251, [email protected] Consent
15. Consider accepting the Sutter Avenue Strengthen and Replace Water Mains Project as complete, releasing securities, releasing payments totaling $2,245,435 to West Valley Construction Company of Stockton, CA., and authorizing the City Clerk to file a Notice of Completion. (Funding Source: Water Fund)
Staff Recommendation:
Resolution accepting the Sutter Avenue Strengthen and Replace Water Mains Project as complete, releasing securities, releasing payments totaling $2,245,435 to West Valley Construction Company of Stockton, CA., and authorizing the City Clerk to file a Notice of Completion.
ENGINEERING SERVICES; Peter Kambel, 209-577-5444, [email protected] - 7 -
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Consent
16. Consider approving Agreements with Burton Fire, Modesto, CA for the purchase of Fire Fleet Parts and Services for a total amount not to exceed $625,000 over five years. (Funding Source: General Fund and Outside Fire Contract Agencies) Staff Recommendation:
Resolution approving the Agreements with Burton Fire, Modesto, CA for the purchase of Fire Fleet Parts and Services for a two-year Agreement with three one-year extension options, for an annual estimated amount of $125,000 and a total amount not to exceed $625,000 over five years; and authorizing the City Manager or his designee to execute the Agreements.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] Consent
17. Consider approving the purchase of various Fleet Replacements for Public Safety Fleet Vehicles which include twenty-two Ford Interceptors and five Chevrolet Tahoes in an amount not to exceed $1,980,238. (Funding Source: Fleet Replacement Fund) Staff Recommendation:
Resolution approving the Competitive Bidding Process from the State of California, Department of General Services to Folsom Lake Ford, Folsom, CA for the purchase of twenty-two Ford Police Interceptors for an amount not to exceed $1,374,633; and 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.
Resolution approving the Competitive Bidding Process from the State of California, Department of General Services to Winner Chevrolet, Elk Grove, CA for the purchase of five Chevrolet Tahoes for an amount not to exceed $347,311 and 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.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] Consent
18. Consider approving the Purchasing Agreements for the purchase of Equipment and Vehicle Parts and Services with Terex Services, Stockton, CA and Golden State Emergency Vehicle Services, Sacramento, CA for a total amount not to exceed $1,250,000 over five years. (Funding Source: Fleet Fund, Outside Service Agreements) Staff Recommendation:
Resolution approving the Purchasing Agreements for purchase of Equipment and Vehicle Parts and Services with Terex Services, Stockton, CA and Golden State Emergency Vehicle Services, Sacramento, CA for a two-year Agreement with three one-year extension options, for an annual combined estimated amount of $250,000 and a total amount not to exceed $1,250,000 over five years; and authorizing the City Manager or his designee to execute the Agreements.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] - 8 -
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Consent
19. Consider approving the Purchasing Agreements for the purchase of Equipment and Vehicle Parts and Services with CenCal Auto and Truck Parts, Modesto, CA and Rush Truck Center, Ceres, CA for a total amount not to exceed $1,000,000 over five years. (Funding Source: Fleet Fund, Outside Service Agreements) Staff Recommendation:
Resolution approving the Purchasing Agreements utilizing the Competitive Bidding Process from Sourcewell and OMNIA Partners for the purchase of Equipment and Vehicle Parts and Services with CenCal Auto and Truck Parts, Modesto, CA and Rush Truck Center, Ceres, CA for a two-year Agreement with three one-year extension options, for an annual combined estimated amount of $200,000 and a total amount not to exceed $1,000,000 over five years; and authorizing the City Manager or his designee to execute the Agreements.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] Consent
20. Consider approving the City of Modesto Pandemic Recovery Strategy – Modesto Forward Grant Agreements with Del Rio CC Foundation (First Tee – Central Valley) and the Boys and Girls Clubs of Stanislaus County, for $250,000 each and a total amount not to exceed $500,000 in American Rescue Plan Act Funding. (Funding Source: American Rescue Plan Act Funds)
Staff Recommendation:
Resolution approving the City of Modesto Pandemic Recovery Strategy – Modesto Forward Grant Agreement with Del Rio CC Foundation (First Tee – Central Valley), in an amount not to exceed $250,000 in American Rescue Plan Act Funding, and authorizing the City Manager, or designee, to execute the Agreement.
Resolution approving the City of Modesto Pandemic Recovery Strategy – Modesto Forward Grant Agreement between the City of Modesto and the Boys and Girls Clubs of Stanislaus County, in an amount not to exceed $250,000 in American Rescue Plan Act Funding, and authorizing the City Manager, or designee, to execute the Agreement.
Resolution amending the Fiscal Year 2023-24 Non-Capital Project Budget to fund Project #101345 (American Rescue Plan Act Project) in an amount not to exceed $500,000 in transfers, revenue, and to budget expenditures to fund the Project, and authorizing the City Manager, or his designee, to implement the provisions of this Resolution.
PRN; Diane Sheatsley, 209-577-5418, [email protected] Consent
21. Consider approving the Culture Commission’s request to move forward in issuing its Request for Proposals calling for artists and muralists for Modesto’s 150th Anniversary Mural Project. (Funding Source: General Fund)
Staff Recommendation:
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Resolution approving the Culture Commission’s request to move forward in issuing a Request for Proposals calling for artists and muralists for Modesto’s 150th Anniversary Mural Project.
PRN; Diane Sheatsley, 209-577-5418, [email protected] Consent
22. Consider approving a list of projects to be funded with Road Repair and Accountability Act tax proceeds for Fiscal Year 2024-2025. (Funding Source: Senate Bill 1 Funds) Staff Recommendation:
Resolution approving the list of projects to be funded with Road Repair and Accountability Act tax proceeds in Fiscal Year 2024-2025 in an amount up to $5,888,194, and authorizing the City Manager, or his designee, to approve the projects.
PUBLIC WORKS; John Sphar, 209-342-2235, [email protected] Consent
23. Consider approving the Second Amendment with Champion Industrial Contractors Inc.
Modesto, CA for On-Call Plumbing Services increasing the Agreement amount by $120,000 for a new total amount of $552,370, within the term of the Agreement. (Funding Source: General Fund, Utility Funds, Centre Plaza, Golf Fund and Building Maintenance Fund)
Staff Recommendation:
Resolution approving the Second Amendment with Champion Industrial Contractors Inc. Modesto, CA for On-Call Plumbing Services and increase the Agreement amount by $120,000 within the term of the Agreement for a new total amount of $552,370, and authorizing the City Manager, or his designee, to execute the Amendment.
PUBLIC WORKS; Gabe DaSilva, 209-577-5319, [email protected] Consent
24. Consider approving an Agreement with East Bay Municipal Utility District (EBMUD), Oakland, CA for the disposal of non-hazardous brine waste for a total amount not to exceed $352,450 over three years. (Funding Source: Water Fund) Staff Recommendation:
Resolution approving an Agreement with East Bay Municipal Utility District (EBMUD), Oakland, CA for the disposal of non-hazardous brine waste for a total amount not to exceed $352,450 over three years; and authorizing the City Manager, or his designee, to execute the Agreement.
UTILITIES; Manuel Martinez, 209-342-4599, [email protected]
COUNCIL COMMENTS & REPORTS
CITY MANAGER COMMENTS & REPORTS
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HEARINGS
Published in the Modesto Bee on June 17, 2024 & June 24, 2024.
25. Hearing to consider approving the adoption of the Revised 2022 Modesto Sub-basin Groundwater Sustainability Plan and authorize the Stanislaus and Tuolumne Rivers Groundwater Basin Association Groundwater Sustainability Agency to submit the Revised 2022 Modesto Sub-basin Groundwater Sustainability Plan to the California Department of Water Resources. (Funding Source: Water Fund) Staff Recommendation:
Resolution adopting a revised Groundwater Sustainability Plan and documenting the commitment to develop and implement a Well Mitigation Program and Management Actions in the Modesto Groundwater Subbasin.
UTILITIES; Timothy Barahona, 209-577-5485, [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
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, JULY 9, 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:
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CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: Magda Abraham v. City of Modesto, et al.
Superior Court of California, County of Stanislaus
Case No.: CV-18-003342
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
at by
date time signature