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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, August 13, 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: Pat Nagle, Redeemer
City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session
MISCELLANEOUS
Legislation, Appointments, Other
1. Consider accepting the resignation of Michelle Buer from the Landmark Preservation Commission. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution accepting the resignation of Michelle Buer from the City of Modesto Landmark Preservation Commission.
CED; Jessica Hill, 209-577-5267, [email protected]
2. Consider appointing Angela Drew as the Poet Laureate of the City of Modesto for a two-year term retroactive to July 1, 2024 through June 30, 2026. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution appointing Angela Drew as the Poet Laureate of the City of Modesto for a two-year term retroactive to July 1, 2024 through June 30, 2026.
PRN; Diane Sheatsley, 209-577-5418, [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. - 4 -
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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
3. Consider approving the minutes for the July 9, 2024 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving the minutes for the July 9, 2024 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
4. Consider approving the updated City Council District Map to include annexed territory known as Fairview Village No. 2 to District 2 pursuant to California Election Code Section 21625(a). (Funding Source: Not Applicable)
Staff Recommendation:
Resolution approving the updated City Council District Map to include annexed territory known as Fairview Village No. 2 to District 2 pursuant to California Election Code Section 21625(a).
CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected] Consent
5. Consider accepting the City of Modesto’s Permanent Local Housing Allocation (PLHA) Program Year Four allocation. (Funding Source: Permanent Local Housing Allocation Funds)
Staff Recommendation:
Resolution accepting the City of Modesto’s Permanent Local Housing Allocation (PLHA) Program Year Four Award, authorizing the City Manager, or his designee, to execute any program Agreements required for implementation and acceptance of the Permanent Local Housing Allocation (PLHA) Program.
Resolution amending the Fiscal Year 2024-2025 Multi-Year Fund Budget to a project for the Fiscal Year 2024-2025 PLHA Program to be funded with the Permanent Local Housing Allocation Program Grant.
CED; Edgar Garcia, 209-577-5211, [email protected] - 5 -
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Consent
6. Consider amending the Section 6 Policy (Housing Rehabilitation Program) of the Housing and Urban Development (HUD) Policies & Procedures Manual. (Funding Source: HUD Funding)
Staff Recommendation:
Resolution amending Section 6 (Housing Rehabilitation Program) of the Housing and Urban Development Policies & Procedures Manual.
CED; Edgar Garcia, 209-577-5211, [email protected] Consent
7. Consider approving a Modesto Forward Grant Agreement with Community Housing and Shelter Services to administer a Homeless Prevention and Rapid Rehousing Program in the amount not to exceed $525,000 to support households experiencing homelessness or at imminent risk of experiencing homelessness in the City of Modesto. (Funding Source: American Rescue Plan Act Funding)
Staff Recommendation:
Resolution approving a Modesto Forward Grant Agreement with Community Housing and Shelter Services to administer a Homeless Prevention and Rapid Rehousing Program in the amount not to exceed $525,000 to support households experiencing homelessness or at imminent risk of experiencing homelessness in the City of Modesto and authorizing the City Manager, or his designee, to execute the Agreement.
CED; Edgar Garcia, 209-577-5211, [email protected] Consent
8. Consider approving amendments to the Capital Facilities Fees Policies and Procedures. (Funding Source: Capital Facilities Fees)
Staff Recommendation:
Resolution approving the amendments to the Capital Facilities Fees Policies and Procedures.
CED; Edgar Garcia, 209-577-5211, [email protected] Consent
9. Consider a Resolution of Intention to form City of Modesto Community Facilities District (CFD) No. 2024-1 (Tivoli), an area bounded by Claratina Avenue to the north, Oakdale Road to the west, Sylvan Avenue to the south, and Roselle Avenue, and a Resolution of Intention to incur debt for CFD No. 2024-1. (Funding Source: Developer Deposit)
Staff Recommendation:
Resolution of Intention to form City of Modesto Community Facilities District (CFD) No. 2024-1 (Tivoli) to establish Improvement Area No. 1, designate a future annexation area and Authorize the Levy of a Special Tax within said Community Facilities District.
Resolution of Intention of the City of Modesto to incur bonded indebtedness in the amount not to exceed $120,000,000 within the proposed City of Modesto - 6 -
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Community Facilities District No. 2024-1 (Tivoli).
CED; Edgar Garcia, 209-577-5211, [email protected] Consent
10. Consider approving an Agreement with LeSar Development Consultants to assist in the development of the 2025-2030 Consolidated Plan, including the Year One Annual Action Plan and the Affirmatively Furthering Fair Housing Plan, for a total amount not to exceed $200,000. (Funding Source: Community Development Block Grant and HOME Investment Partnership Funds)
Staff Recommendation:
Resolution approving an Agreement with LeSar Development Consultants to assist in the development of the 2025-2030 Consolidated Plan, including the Year One Annual Action Plan and Affirmatively Furthering Fair Housing Plan, for a total amount not to exceed $200,000 and authorizing the City Manager, or his designee, to execute the Agreement.
CED; Edgar Garcia, 209-577-5211, [email protected] Consent
11. Consider approving Agreements for Plan Review and Inspection Services with Wildan Engineering, Elk Grove, CA, and BPR Consulting Group, Madera, CA for a total combined amount not to exceed $2,500,000 over five years. (Funding Source: Building Permit Fees/Measure H)
Staff Recommendation:
Resolution approving the Award of Proposal and Agreements for Plan Review and Inspection Services to Wildan Engineering, Elk Grove, CA and BPR Consulting Group, Madera, CA, for a two-year Agreement with three one-year extension options, for an annual estimated amount of $500,000 and a total not to exceed $2,500,000 over five years; authorizing the Director of Finance to adjust agreement totals between consultant’s based on availability and department’s needs, ensuring the combined total amount does not change and authorizing the City Manager, or his designee, to execute the Agreements.
CED; Oscar Diaz, 209-571-5885, [email protected]
Consent
12. Consider approving a Change in Ownership request for Retail Cannabis Dispensary CR and D Inc. (Funding Source: Cannabis Annual Permit Fee) Staff Recommendation:
Resolution approving the Change in Ownership request for Retail Dispensary CR and D Inc. resulting in Carolina Fernandez acquiring eighty percent (80%) of CR and D Inc.
CED; Sean Rando, 209-577-5473, [email protected]
Consent
13. Consider accepting the Monthly Investment Report for May 2024. (Funding Source:
Various Funds)
Staff Recommendation:
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Motion accepting the Monthly Investment Report for May 2024.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
Consent
14. Consider accepting an informational report for the June 2024 Accounts Payable Payment Register and Void Report. (Funding Source: Not Applicable) Staff Recommendation:
Motion accepting an informational report for the June 2024 Accounts Payable Payment Register and Void Report.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
Consent
15. Consider approving an Agreement with Golden State Fire Apparatus for the purchase of one BME 4x4 Freightliner Wildland Pumper for a total amount not to exceed $530,831. (Funding Source: General Fund, Measure H Funds) Staff Recommendation:
Resolution approving an Agreement with Golden State Fire Apparatus for the purchase of one BME 4x4 Freightliner Wildland Pumper for a total amount not to exceed $530,831 and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution amending the Fiscal Year 2024-25 Annual Operating Budget to appropriate $530,831 in the MFD – Measure H – Facilities & Fleet Cost Center (18611) in General Fund – Measure H Fund (0160) for one BME 4X4 Freightliner Wildland Pumper and authorizing the City Manager to take the necessary steps to implement the required Budget Adjustments.
FIRE DEPARTMENT; Jerardo Avila, 209-572-9590, [email protected] Consent
16. Consider approving a First Amendment to the Legal Services Agreement with Oppenheimer Investigations Group LLP, Oakland, CA to conduct Citywide Administrative Investigations increasing the Agreement amount by $40,000 to a new total amount not to exceed $140,000. (Funding Source: Various Funds) Staff Recommendation:
Resolution approving the First Amendment to the Agreement with Oppenheimer Investigations Group LLP, Oakland, CA to complete ongoing important specific matters, increasing the Agreement amount by $40,000 to a new total amount not to exceed $140,000 and authorizing the City Manager, or his designee to execute the Amendment.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] Consent
17. Consider approving the Legal Services Agreements with Renne Public Law Group, San Francisco, CA; Oppenheimer Investigations Group LLP, Oakland, CA; and Liebert Cassidy Whitmore, Fresno, CA and Consultant Services Agreements with Municipal - 8 -
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Resource Group, LLC, Wilton, CA and DigiStream, Sacramento, CA to conduct Citywide Administrative Investigations on an as needed basis, in an amount not to exceed $100,000 each for two years. (Funding Source: Various Funds) Staff Recommendation:
Resolution approving the Legal Services Agreements with Renne Public Law Group, San Francisco, CA; Oppenheimer Investigations Group LLP, Oakland, CA; and Liebert Cassidy Whitmore, Fresno, CA and Consultant Services Agreements with Municipal Resource Group, LLC, Wilton, CA and DigiStream, Sacramento, CA to conduct Citywide Administrative Investigations on an as needed basis, in an amount not to exceed $100,000 each for two years and authorizing the City Manager or his designee to execute the Agreements.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] Consent
18. Consider approving the price increase of Purchase Order 216609 for Tracy Ford, Tracy, CA by $96,302 for six Ford Interceptor Patrol Sport Utility Vehicles for a revised total amount not to exceed $337,727. (Funding Source: Fleet Replacement Fund)
Staff Recommendation:
Resolution approving the increase of Purchase Order 216609 with Tracy Ford, Tracy, CA for six Ford Interceptor Patrol Sport Utility Vehicles by $96,302 from $241,425 for a revised total amount not to exceed $337,727, and authorizing the Purchasing Manager, or her designee, to execute the Purchase Order price increase.
PUBLIC WORKS; Patrick Crowley, 209-342-2274, [email protected] Consent
19. Consider approving the First Amendment with HF&H Consultants, LLC., Walnut Creek, CA, for the Solid Waste Haulers Audit and Performance Review increasing the Agreement amount by $99,855, to a revised total amount not to exceed $249,855 over the term of the original agreement. (Funding Source: Solid Waste Fund) Staff Recommendation:
Resolution approving the First Amendment for Consultant Services with HF&H Consultants, LLC., Walnut Creek, CA for the Solid Waste Haulers Audit and Performance Review increasing the Agreement amount by $99,855 to a new total amount not to exceed $249,855 over the term of the original agreement; and authorizing the City Manager, or his designee to execute the Amendment.
PUBLIC WORKS; Rosene Nguyen, 209-577-5453, [email protected]
COUNCIL COMMENTS & REPORTS
CITY MANAGER COMMENTS & REPORTS
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HEARINGS
Published in the Modesto Bee on July 24, 2024
20. Hearing to consider an Ordinance amending Planned Development Zone P-D(470) to change the allowable uses to allow certain Highway Commercial (C-3) uses for property located at 1101 N Carpenter Road, (APN 081-052-045) (Funding Source:
Developer Funded)
Staff Recommendation:
Motion introducing and waiving the first reading of an Ordinance amending Planned Development Zone P-D(470) to change the allowable uses to allow certain Highway Commercial (C-3) uses for property located at 1101 N Carpenter Road. (APN 081-052-045).
CED; Michael Hren, 209-577-5273, [email protected]
Published in the Modesto Bee on August 2, 2024.
21. Hearing to consider the Annual Adjustment to the Maximum Rate Schedule for City Solid Waste Collection Services provided by the Solid Waste Haulers, to become effective September 1, 2024; approving a Fuel Rate Adjustment to the Maximum Rate Schedule for City Solid Waste Collection Services provided by the haulers to become effective September 1, 2024; approving the update to the Schedule of Cash Security Deposits and Fees for Self-Haul Residents and Businesses; and approving the final report and recommendations of HF&H Consultants, LLC. regarding City of Modesto 2023 Solid Waste Financial Review and Rate Analysis. (Funding Source: General Fund, Solid Waste Fund, Geer Road Landfill Fund, Carpenter Road Landfill Fund, Green Waste Fund, Compost Facility Improvements Fund, Streets Fund) Staff Recommendation:
Resolution approving the Annual Rate Adjustment to the Maximum Rate Schedule for City Solid Waste Collection Services provided by the Solid Waste Haulers, for a decrease of $1.08 per month for residential services, an increase of $6.61 per cubic yard for commercial services, and an increase of $24.87 per pull for industrial services, to become effective September 1, 2024 and rescinding Resolution No. 2023-312 for the August 1, 2023 annual rate adjustment.
Resolution approving a Fuel Rate Adjustment to the Maximum Rate Schedule for City Solid Waste Collection Services provided by the haulers, for a reduction of $0.11 per month for residential services, and a reduction of $0.13 per cubic yard for commercial services, to become effective September 1, 2024. Resolution approving the update to the Schedule of Cash Security Deposits and Fees for Self-Haul Residents and Businesses in accordance with Assembly Bill 939, and rescinding Resolution No. 2022-471.
Resolution approving the final report and recommendations of HF&H Consultants, LLC., Walnut Creek, CA regarding City of Modesto 2023 Solid Waste Financial Review and Rate Analysis, which provide staff next steps for rate methodology development and haulers’ franchise agreement review.
PUBLIC WORKS; Myriah Hill, 209-577-5495, [email protected] - 10 -
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NEW BUSINESS
22. Consider Reviewing, Providing Comment and Accepting the Proposed FY24-25 Internal Audit Work Plan. (Funding Source: Not Applicable) Staff Recommendation:
Motion accepting the FY24-25 Internal Audit Work Plan.
CITY AUDITOR; Colleen Rozillis, 206-302-6795, [email protected]
23. Consider approving an Agreement for Concrete Services with United Pavement Maintenance, Hughson, CA and Westside Landscape & Concrete, Newman, CA for a total amount not to exceed $17,250,000 for five years. (Funding Source: Measure H, Water Fund and General Fund)
Staff Recommendation:
Resolution approving the Award of Bid and Agreements for Concrete Services to United Pavement Maintenance, Hughson, CA. and Westside Landscape & Concrete, Newman, CA for a two-year Agreement with three one-year extension options, for an annual estimated amount of $3,450,000 and a total amount not to exceed $17,250,000 over five years; and authorizing the Director of Finance to adjust agreement totals between vendors based on contractor’s availability and department’s needs, ensuring the combined total amount does not change and authorizing the City Manager or his designee to execute the Agreements.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [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, AUGUST 13, 2024 AT 3:30 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.
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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 — ANTICIPATED LITIGATION
One Case (Pursuant to Section 54956.9(d)(2) of the Government Code) CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
One Case (Pursuant to Section 54956.9(d)(4) of the Government Code)
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Pursuant to Section 54957 of the Government Code)
Title: City Manager
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