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Via Teleconference
Councilmember Escutia-Braaton
Hyatt Regency Washington on
Capitol Hill
400 New Jersey Ave NW
Washington, DC. 20001
Inquire at the front desk
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, September 10, 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: Pastor Lance Lowell, Neighborhood Church
City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Proclamation declaring September 15th - October 15th as National Hispanic Heritage Month. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597, [email protected]
2. Proclamation declaring September as National Senior Center Month. (Funding Source:
Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarret, 209-571-5597, [email protected]
MISCELLANEOUS
Legislation, Appointments, Other
3. Consider vacating the appointments of Michelle Buer and Yelitza Pena from the Entertainment Commission. (Funding Source: Not Applicable) Staff Recommendation:
Resolution vacating the appointments of Michelle Buer and Yelitza Pena from the Entertainment Commission.
CED; Trevin Barber, 209-860-1251, [email protected]
4. Consider accepting the resignation of Carrie Miller from the Entertainment Commission. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution accepting the resignation of Carrie Miller from the Entertainment Commission.
CED; Trevin Barber, 209-860-1251, [email protected]
5. Consider accepting the resignation of Lisa Lomas from the Landmark Preservation Commission. (Funding Source: Not Applicable)
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Staff Recommendation:
Resolution accepting the resignation of Lisa Lomas from the City of Modesto Landmark Preservation Commission.
CED; Jessica Hill, 209-577-5267, [email protected]
6. Consider accepting the resignation of John Bergman from the Housing Rehabilitation Loan Committee. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution accepting the resignation of John Bergman from the Housing Rehabilitation Loan Committee.
CED; Jessica Hill, 209-577-5211, [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.
CONSENT
An item may be removed from consent and discussed at the request of an audience member or Councilmember.
Consent
7. Consider approving the minutes for the August 27, 2024 Joint Council Meeting & Redevelopment Successor Agency Meeting. (Funding Source: Not Applicable) Staff Recommendation:
Motion approving the minutes for the August 27, 2024 Joint Council Meeting & Redevelopment Successor Agency Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
8. Consider appointing a voting delegate to the 2024 League of California Cities Annual - 5 -
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Conference to be held in Long Beach, CA on October 16-18, 2024. (Funding Source:
General Fund)
Staff Recommendation:
Motion approving Councilmember Williams as a voting delegate and Councilmember Escutia-Braaton as the alternate for the 2024 League of California Cities Annual Conference to be held in Long Beach, CA on October 16-18, 2024.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
9. Consider approving the recommended budget adjustments to Fiscal Year 2023-24 and 2024-25 Annual Operating and Capital Improvement Program Budgets and amending the Fiscal Year 2024-25 Position Allocation. (Funding Source: Various Funds) Staff Recommendation:
Resolution amending Fiscal Year 2023-24 and 2024-25 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. Resolution amending the Position Allocation for Fiscal Year 2024-25 as adopted in the operating budget.
Resolution amending the classification plan for the City of Modesto to create new classifications and amend existing classifications.
BUDGET; Steve Christensen, 209-577-5390, [email protected] Consent
10. Consider approving a Third Amendment to an Agreement with Harris & Associates to provide Community Facilities Districts Engineering Services, increasing the Agreement amount by $200,000 through the duration of the Agreement. (Funding Source: Various Community Facilities Districts and Developer Deposits) Staff Recommendation:
Resolution approving a Third Amendment to an Agreement with Harris & Associates to provide Community Facilities District Engineering Services, increasing the Agreement amount by $200,000 to a new total amount of $550,000; and authorizing the City Manager, or his designee, to execute the Amendment.
CED; Edgar Garcia, 209-577-5211, [email protected] Consent
11. Consider a Resolution of Intention to form City of Modesto Community Facilities District (CFD) No. 2024-2 (Fairview Village #2), an area bounded by Carpenter Road, Whitmore Avenue, and Hatch Road, and to designate certain parcels as future annexation areas for the CFD No. 2024-2. (Funding Source: Developer Deposit) Staff Recommendation:
Resolution of Intention to form City of Modesto Community Facilities District (CFD) No. 2024-2 (Fairview Village #2), an area bounded by Carpenter Road, Whitmore Avenue, and Hatch Road, and to designate certain parcels as future annexation areas for the CFD No. 2024-2 and Authorize the Levy of Special - 6 -
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Tax within CFD No. 2024-2.
CED; Edgar Garcia, 209-577-5211, [email protected] Consent
12. Consider approving a Will Serve Letter and Outside Service Agreement with Stump Family Land Company, LLC, A California Limited Liability Company, to connect to the City of Modesto’s existing water system for the property located at 1108 Reno Avenue (APN: 029-011-027). (Funding Source: Water Fund) Staff Recommendation:
Resolution approving a Will Serve Letter and Outside Service Agreement with Stump Family Land Company, LLC a California Limited Liability Company, to connect to the City of Modesto’s existing water system for the property located at 1108 Reno Avenue (APN: 029-011-027) and authorizing the City Manager, or his designee, to the sign the Will Serve Letter and execute the Outside Service Agreement.
ENGINEERING SERVICES; Jaspreet Mangat, 209-577-5253,
[email protected]
Consent
13. Consider approving the Purchasing Agreements for Emergency Vehicle Upfitting Services with Lehr Auto Electric, Sacramento, CA, NextGen Alpha Upfitting, Sacramento, CA, and Jay Tires, Turlock, CA for a total amount not to exceed $6,000,000 over five years. (Funding Source: Fleet Fund) Staff Recommendation:
Resolution approving the Purchasing Agreements for the purchase of Emergency Vehicle Upfitting Parts and Services with Lehr Auto Electric, Sacramento, CA, NextGen Alpha Upfitting, Sacramento, CA, and Jay Tires, Turlock, CA for a two-year Agreement with three one-year extension options, for an annual combined estimated amount of $1,200,000 and a total amount not to exceed $6,000,000 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] Consent
14. Consider approving the Purchasing Agreements for the purchase of Fleet Motor Parts and Services with FleetPride Inc., Modesto, CA, Interstate Truck Center, LLC, Modesto, CA, and Motor Parts Distributors Inc., Modesto, CA for a total amount not to exceed $3,500,000 over five years. (Funding Source: Fleet Fund and Outside Service Agreements)
Staff Recommendation:
Resolution approving the Purchasing Agreements for the purchase of Fleet Motor Parts and Services with FleetPride Inc., Modesto, CA, Interstate Truck Center, LLC, Modesto, CA, and Motor Parts Distributors Inc., Modesto, CA for a two-year Agreement with three one-year extension options, for an annual - 7 -
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combined estimated amount of $700,000 and a total amount not to exceed $3,500,000 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 Director of Finance or her designee to execute the Agreements.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] Consent
15. Consider approving the Purchasing Agreements for the purchase of Electrical Parts and Supplies to Platt Electric, Modesto, CA, Wille Electric, Modesto, CA and Consolidated Electric Distributors, Modesto, CA for a total amount not to exceed $1,625,000 over five years. (Funding Source: Various Funds)
Staff Recommendation:
Resolution approving the Purchasing Agreements for the purchase of Electrical Parts and Supplies to Vantage Electrical Group, Crystal Lake, IL under the authorized distributor Platt Electric, Modesto, CA, by utilizing the Competitive Bidding Process from E&I Cooperative Services, Wille Electric, Modesto CA and Consolidated Electric Distributors, Modesto CA for a two-year Agreement with three one-year extension options, for an annual combined estimated amount of $325,000 and a total amount not to exceed $1,625,000 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 Director of Finance or her designee to execute the Agreements.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] Consent
16. Consider approving an Agreement with the State of California Office of Emergency Services to temporarily house and maintain a Type 1 Fire Engine and its associated equipment. (Funding Source: General Fund)
Staff Recommendation:
Resolution approving an Agreement with the State of California Office of Emergency Services to temporarily house and maintain a Type 1 Fire Engine and its associated equipment, and authorizing the City Manager, or his designee, to execute the Agreement.
FIRE DEPARTMENT; Jerardo Avila, 209-572-9590, [email protected] Consent
17. Consider approving a First Amendment to the Cell Tower Site Lease Agreement at the Sutter Avenue Wastewater Treatment Facility with New Cingular Wireless, PCS, LLC, to increase the lease area by an additional 150 square feet and to extend the maximum term of the Agreement through June 24, 2043. (Funding Source: Cell Tower Facility Rental Revenue)
Staff Recommendation:
Resolution approving a First Amendment to the Cell Tower Site Lease Agreement at the Sutter Avenue Wastewater Treatment Facility with New - 8 -
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Cingular Wireless, PCS, LLC, to increase the lease area by an additional 150 square feet and to extend the maximum term of the Agreement through June 24, 2043, and authorizing the City Manager, or his designee, to execute the agreement.
PRN; Nathan Houx, 209-571-5560, [email protected]
Consent
18. Consider approving the City’s sponsorship of the 2024 International Heritage Festival for $5,080 in in-kind support and a direct monetary contribution of $2,650. (Funding Source: General Fund)
Staff Recommendation:
Resolution approving the City’s sponsorship of the 2024 International Heritage Festival for $5,080 in in-kind support and a direct monetary contribution of $2,650.
PRN; Diane Sheatsley, 209-577-5418, [email protected] Consent
19. Consider approving an Agreement with Swarco McCain Inc. of Vista, CA for integrating signal performance metrics for the Automated Traffic Signal Performance Measures for a total amount not to exceed $131,670 for a two-year agreement, with five one-year extension options. (Funding Source: Congestion Mitigation and Air Quality)
Staff Recommendation:
Resolution approving the Award of Proposal and Agreement for the Automated Traffic Signal Performance Measures with Swarco McCain Inc. of Vista, CA for a two-year Agreement, with five one-year extension options, in the amount of $119,700 plus $11,970 in additional services, for a total amount not to exceed $131,670 and authorizing the City Manager, or his designee, to execute the Agreement.
PUBLIC WORKS; Max Navarro, 209-571-5116, [email protected] Consent
20. Consider approving an Agreement with Streetlight Data Inc. of San Francisco CA, for Travel Time Bluetooth Data Services for collecting and observing vehicle circulation around Modesto for a total amount not to exceed $140,000 over four years. (Funding Source: Congestion Mitigation and Air Quality)
Staff Recommendation:
Resolution approving an Agreement with Streetlight Data Inc. of San Francisco, CA, by utilizing the Competitive Bid Process with National Intergovernmental Purchasing Alliance (National IPA), SCAG, for the Travel Time Bluetooth Data, for a four-year agreement not to exceed $140,000 and authorizing the City Manager, or his designee, to execute the Agreement.
PUBLIC WORKS; Max Navarro, 209-571-5116, [email protected] - 9 -
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COUNCIL COMMENTS & REPORTS
CITY MANAGER COMMENTS & REPORTS
UNFINISHED BUSINESS
21. Consider approving the Plans and Specifications for César E. Chávez Park Renovation Project, accepting the Bid and Awarding a Construction Contract to Harris Builders, Inc. of Hilmar, CA., in the amount of $14,130,993 authorizing $847,860 for contingency (if needed), for a total payment amount not to exceed $14,978,853. (Funding Source: CA Statewide Parks Grant (Prop 68), American Rescue Plan Act (ARPA), Measure H, Parks Capital Facility Funds (CFF))) Resolution approving the Plans and Specifications for the César E. Chávez Park Renovation Project, accepting the Bid and Awarding a Construction Contract to Harris Builders, Inc., of Hilmar, CA, in the amount of $14,130,993, authorizing $847,860, in contingency (if needed), for a total payment amount not to exceed $14,978,853 and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution approving an agreement with TRC Engineering, Inc, of Lathrop, CA, for Construction Management and Inspection Services for the César E.
Chávez Park Renovation in the amount of $837,014, plus $80,097 in additional services, if needed, for a total amount not to exceed $917,111 and authorizing the City Manager, or his designee, to execute the Agreement. Resolution approving the City’s Pandemic Recovery Strategy, Modesto Forward, for the reallocation of American Rescue Plan Act Funds for the César E. Chávez Park Renovation Project and authorizing the City Manager, or his designee, to carry out the necessary steps to implement the programs and funding allocation.
Resolution amending the Fiscal Year 2024-25 Capital Improvement Program budget to fund Project #101276 (Chavez Park Renovation) in an amount not to exceed $2,100,000 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; Nathan Houx, 209-571-5526, [email protected]
HEARINGS
Published in the Modesto Bee on August 30, 2024. - Item requested to be continued to September 24, 2024.
22. Hearing to consider establishing City of Modesto Community Facilities District (CFD) No. 2024-1 (Tivoli), authorizing the levy of special taxes therein, and establishing an annual appropriations limit; calling a special election; and declaring the results of the September 10, 2024 special election. (Funding Source: Special Taxes generated by CFD No. 2024-1)
Staff Recommendation:
Motion to continue item to September 24, 2024.
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CED; Edgar Garcia, 209-577-5211, [email protected] Published in the Modesto Bee on August 30, 2024
23. Hearing to consider approving the application and issuance of a Permit to operate as a Non-Emergency Medical Transport Company to Trauma Life Care Medical Transport 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 Trauma Life Care Medical Transport in the City of Modesto.
POLICE DEPARTMENT; Kalani Souza, 209-572-9500, [email protected]
NEW BUSINESS
24. Consider approving a Letter of Intent between the United Soccer Leagues, LLC and the City of Modesto to establish an exclusive negotiating period for the exploration of a League expansion into the City, and authorizing the City Manager, or his designee, to execute the Letter. (Funding Source: General Fund)
Staff Recommendation:
Resolution approving a Letter of Intent between the United Soccer Leagues, LLC and the City of Modesto and authorizing the City Manager, or his designee, to execute the Letter.
CED; Sean Rando, 209-577-5473, [email protected]
25. Consider accepting a Central Valley Regional Water Quality Control Board settlement offer in the amount of $325,000 to resolve violations of water quality laws by funding a Supplemental Environmental Project related to the Dignity Village Bridge Housing Project Located at 402 9th Street and authorizing the City to negotiate and execute a Memorandum of Understanding with the County of Stanislaus for the delivery of the Supplemental Environmental Project. (Funding Source: Wastewater Funds) Staff Recommendation:
Resolution accepting a Central Valley Regional Water Quality Control Board settlement offer in the amount of $325,000 to resolve violations of water quality laws by funding a Supplemental Environmental Project and authorizing the City Manager, or his designee, to negotiate and execute a Memorandum of Understanding with the County of Stanislaus to carry out the scope of work outlined within the Supplemental Environmental Project.
UTILITIES; William Wong, 209-571-5801, [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, SEPTEMBER 10, 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
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Four Cases (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: City of Modesto, et al. v. The Dow Chemical Company, et al. (PCE)
Superior Court of the State of California
Case No: CGC-98-999345 and CGC-98-999643
City of Camden, et al. v. Tyco Fire Products LP,
U.S. District Court for the District of South Carolina
Case No.: 2:24-cv-02321-RMG
City of Camden, et al. v. BASF Corportation,
individually and as successor in interest to Ciba Inc.
U.S. District Court for the District of South Carolina
Case No.: 2:24-cv-03174-RMG
City of Modesto v. Kimberly Soranno
Superior Court of California, County of Stanislaus
Case No.: CV-22-002099
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
at by
date time signature