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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, September 24, 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 https://www.modestogov.com/865/Americans-with-Disabilities-Act-ADA - 3 -
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In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (209) 577-5396. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
Pledge of Allegiance to the Flag
Invocation: Dallas Jackson, Renew Church
City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Proclamation declaring October as National Domestic Violence Awareness Month. (Funding Source: Not Applicable)
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [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.
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Consent
2. Consider approving the minutes for the September 10, 2024 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving the minutes for the September 10, 2024 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
3. Consider approving the Amended Conflict of Interest Code for the City of Modesto. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution approving the amended Conflict of Interest Code for the City of Modesto and rescinding Resolution No. 2022-411.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
4. Consider accepting the Landmark Preservation Commission Annual Reports for Fiscal Years 2022-2023 & 2023-2024. (Funding Source: Not Applicable) Staff Recommendation:
Resolution accepting the Landmark Preservation Commission Annual Reports for Fiscal Years 2022-2023 & 2023-2024.
CED; Michael Hren, 209-577-5267, [email protected]
Consent
5. Consider approving the Southwest Modesto Plan. (Funding Source: Local Early Action Planning (LEAP) Grant)
Staff Recommendation:
Resolution approving the Southwest Modesto Plan.
CED; Edgar Garcia, 209-577-5211, [email protected] Consent
6. Consider approving a First Amendment to the Agreement with Stanislaus County Affordable Housing Corporation (StanCo) for Master Development Services for bridge housing projects increasing the Agreement amount by $394,640 to a new total amount of $469,640 and approving a Memorandum of Understanding with the Modesto Gospel Mission to operate the project and provide client services for a three-year term for a bridge housing site located at 1530 Owens Drive. (Funding Source: Measure H Funds) Staff Recommendation:
Resolution approving a First Amendment to the Agreement with Stanislaus County Affordable Housing Corporation (StanCo) for Master Development Services for bridge housing projects increasing the Agreement amount by $394,640 to a new total amount of $469,640 and authorizing the City Manager, or his designee, to negotiate and execute the required Agreements. Resolution approving a Memorandum of Understanding with the Modesto Gospel Mission to provide Property Management Services and provide Client Services for a three-year term for a bridge housing site located at 1530 Owens - 5 -
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Drive and authorizing the City Manager, or his designee, to negotiate and execute the required Agreements.
CED; Edgar Garcia, 209-571-5101, [email protected] Consent
7. Consider approving the summary vacation of a 40-foot strip of the former Litt Road Alignment (14,579 square feet) road right-of-way. (Funding Source: Not Applicable) Staff Recommendation:
Resolution approving the summary vacation of a 40-foot strip of the former Litt Road Alignment (14,579 square feet) road right-of-way.
ENGINEERING SERVICES; Jaspreet Mangat, 209-577-5253,
[email protected]
Consent
8. Consider approving the Final Map and Subdivision Improvement Agreement (SIA) for PPA-17 East Unit Map to subdivide approximately 15 acres located East of Oakdale Road, North of Floyd Ave, West of Orchard Parkway and South of Kodiak Drive. (Funding Source: Developer Fees)
Staff Recommendation:
Resolution approving the Final Map of PPA-17 East Unit, authorizing the City Manager, or his designee, to execute the Subdivision Improvement Agreement with the owner, Modesto 92 LP, and authorizing the City Clerk to certify the Final Map and record with the Stanislaus County Recorder’s Office.
ENGINEERING SERVICES; Jaspreet Mangat, 209-577-5253,
[email protected]
Consent
9. Consider approving the delegation of responsibility for investment transactions to the Director of Finance and accepting the Annual Investment Report for Fiscal Year 2023- 2024. (Funding Source: Various Funds)
Staff Recommendation:
Resolution delegating the responsibility for investment transactions to the Director of Finance and accepting the Annual Investment Report for Fiscal Year 2023-2024.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
Consent
10. Consider approving a report detailing City personal property sold, donated, or disposed of during Fiscal Year 2023-24. (Funding Source: Community Center Operations, Compost, General, Green Waste, Non-Capital Parks, Sewer, Solid Waste, Surface Transportation, Traffic Safety, Water)
Staff Recommendation:
Motion accepting the report detailing City personal property sold, donated, or disposed of during Fiscal Year 2023-24.
FINANCE DEPARTMENT; Vanessa Ferrel, 209-571-5174, [email protected] - 6 -
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Consent
11. Consider approving a report on Fiscal Year 2023-2024 unclaimed funds of $56,975 that can be transferred to the General Fund. (Funding Source: General Fund) Staff Recommendation:
Resolution approving the Fiscal Year 2023-2024 unclaimed funds of $56,975 held in the City’s Trust Fund for more than three years and authorizing the transfer to the General Fund.
FINANCE DEPARTMENT; Vanessa Ferrel, 209-571-5174, [email protected] Consent
12. Consider accepting the Fiscal Year 2023-24 Write-off and Adjustments reports through fiscal year-end June 30, 2024, in the total amount of $415,908. (Funding Source:
Various Funds)
Staff Recommendation:
Resolution approving the 2023-2024 Write-Off and Adjustments reports through fiscal year end June 30, 2024, in the total amount of $415,908 and directing a report of disposition to be filed with the City Clerk.
FINANCE DEPARTMENT; Vanessa Ferrel, 209-571-5174, [email protected] Consent
13. Consider approving the Agreement for Cannabis Consulting Services with Avenu Insights and Analytics, LLC, Centreville, VA for a total amount not to exceed $77,300 over two years. (Funding Source: Cannabis Administration Permit Fee) Staff Recommendation:
Resolution approving the Award of Proposal and Agreement for Cannabis Consulting Services to Avenu Insights and Analytics, LLC, Centreville, VA for a one-year Agreement with a one-year extension option, for an annual estimated amount of $38,650 and a total amount not to exceed $77,300 over two years; and authorizing the City Manager, or his designee to execute the Agreement; and authorizing the Director of Finance to adjust agreement totals between both vendors based on contractor’s availability and department’s needs, ensuring the combined total amount of $861,350 does not change.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] Consent
14. Consider approving the First Amendments with Ralph Andersen & Associates, Rocklin, CA; CPS HR Consulting, Inc. Sacramento, CA; GVP Ventures, Inc. dba Bob Murray and Associates, Roseville, CA; Koff and Associates, a Gallagher Company, Berkeley, CA; and Neher and Associates, Sacramento, CA for Executive Level Recruitment Services to increase the amount by $207,000 for all five Agreements and the new total amount not to exceed $550,000. (Funding Source: Various Funds) Staff Recommendation:
Resolution approving the First Amendments with Ralph Andersen & Associates, Rocklin, CA; CPS HR Consulting, Inc. Sacramento, CA; GVP Ventures, Inc. dba Bob Murray and Associates, Roseville, CA; Koff and - 7 -
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Associates, a Gallagher Company, Berkeley, CA; and Neher and Associates, Sacramento, CA for Executive Level Recruitment Services to increase the amount by $207,000 for all five Agreements and the new total amount not to exceed $550,000 and authorizing the City Manager or their designee to execute the Amendments.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] Consent
15. Consider approving the City of Modesto Pandemic Recovery Strategy – Modesto Forward Grant Agreement with the Stanislaus County Library, for $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 the Stanislaus County Library for $500,000 in American Rescue Plan Act Funding, and authorizing the City Manager, or his designee to execute the Agreement.
PRN; Diane Sheatsley, 209-577-5418, [email protected] Consent
16. Consider approving an Agreement with Axon Enterprise, Inc., Scottsdale, AZ, for Fusus Real-Time Public Safety Operations Solution for a total amount not to exceed $410,000. (Funding Source: Police Grants, Supplemental Law Enforcement Services Fund)
Staff Recommendation:
Resolution approving the Sole Source Agreement with Axon Enterprise, Inc., Scottsdale, AZ for Fusus Real-Time Public Safety Operations Solution for a three-year Agreement, for a total amount not to exceed $410,000; and authorizing the City Manager, or his designee, to execute the Agreement.
POLICE DEPARTMENT; Cathy McFadon, 209-572-9500, [email protected] Consent
17. Consider approving the Award of Bid and Agreement for Furnishing of Asphalt and Emulsified Asphalt Materials to George Reed, Inc., Escalon, CA, for a total amount not to exceed $2,987,330 over five years. (Funding Source: Surface Transportation Fund) Staff Recommendation:
Resolution approving the Award of Bid for Purchase of Asphalt and Emulsified Asphalt Materials on an as needed basis to George Reed, Inc., Escalon, CA for a one-year Agreement with four one-year extension options, for an annual estimated cost of $597,466 and a total amount not to exceed $2,987,330 over five years, and authorizing the Finance Director, or her designee, to execute the Purchase Agreement.
PUBLIC WORKS; John Sphar, 209-342-2253, [email protected] - 8 -
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Consent
18. Consider approving the Plans and Specifications for the Woodland Lift Station Rehabilitation Project, accepting the Bid and Awarding a Construction Contract to TNT Industrial Contractors Inc., of Sacramento, CA, in the amount of $3,792,937, authorizing 15% in contingency (if needed), for a total payment amount not to exceed $4,361,878 and approving an Agreement with Pezzoni Engineering, Inc., of Modesto, CA, for Engineering Support during Construction Services for a total amount not to exceed $33,000. (Funding Source: Wastewater Fund)
Staff Recommendation:
Resolution approving the Plans and Specifications for the Woodland Lift Station Rehabilitation Project; accepting the Bid and Awarding a Construction Contract to TNT Industrial Contractors Inc., of Sacramento, CA, in the amount of 3,792,937, authorizing the Director of Engineering Services to approve Change Orders up to the cumulative amount of $568,941, 15% of the original contract price, for a total payment amount not to exceed $4,361,878 and authorizing the City Manager, or his designee, to execute the Contract. Resolution approving an Agreement with Pezzoni Engineering Inc, of Modesto, CA, for Engineering Support during Construction Services for the Woodland Lift Station Rehabilitation Project, in the amount of $30,000, plus $3,000 in additional services, if needed, for an Agreement total amount not to exceed $33,000 and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution amending the Fiscal Year 2024-25 Capital Improvement Program Budget in the amount of $3,505,000 to fund the Construction Phase of the Woodland Lift Station Rehabilitation Project and authorizing the City Manager, or his designee, to implement the provisions of the resolution.
UTILITIES; Cristian Ciotau, 209-571-5175, [email protected] Consent
19. Consider approving a Grant of Permanent Easement and Right-of-Way to Modesto Irrigation District associated with existing irrigation facilities within a portion of APN 004-102-003. (Funding Source: Water Fund)
Staff Recommendation:
Resolution approving a Grant of Permanent Easement and Right-of-Way to Modesto Irrigation District to cover existing irrigation facilities within a portion of APN 004-102-003, consenting to the recordation thereof and authorizing the City Manager, or his designee, to execute the grant of permanent easement and all related documents.
UTILITIES; Edgar Vargas, 209-577-5424, [email protected]
COUNCIL COMMENTS & REPORTS
CITY MANAGER COMMENTS & REPORTS
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HEARINGS
Published in the Modesto Bee on August 30, 2024. - Item requested to be continued from the September 10, 2024 Council meeting.
20. 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 24, 2024 special election. (Funding Source: Special Taxes generated by CFD No. 2024-1)
Staff Recommendation:
Resolution declaring formation of City of Modesto Community Facilities District No. 2024-1 (Tivoli), conditionally authorizing the levy of special taxes therein, and conditionally establishing an annual appropriations limit. Resolution of the City Council of the City of Modesto, California, acting as the legislative body of the City of Modesto Community Facilities District No. 2024-1 (Tivoli), declaring the necessity to incur bonded indebtedness in the aggregate principal amount not to exceed $120,000,000 and calling a special election.
Resolution declaring the results of the September 24, 2024, special election and approving certain related actions pertaining to City of Modesto Community Facilities District No. 2024-1 (Tivoli).
Motion introducing and waiving the first reading of an Ordinance authorizing the levy of special taxes within the City of Modesto held within City of Modesto Community Facilities District No. 2024-1 (Tivoli).
CED; Edgar Garcia, 209-577-5211, [email protected] Published in the Modesto Bee on September 8, 2024.
21. Hearing to consider approving the City of Modesto’s Consolidated Annual Performance Evaluation Report for Program Year 2023-2024. (Funding Source:
Various Funds)
Staff Recommendation:
Resolution approving the City of Modesto’s Consolidated Annual Performance Evaluation Report for Program Year 2023-2024 and authorizing the City Manager or his designee, to sign the required documents for submittal to the U.S. Department of Housing and Urban Development.
CED; Maribel McCarroll, 209-577-5310, [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 24, 2024 AT 4:45 PM
and after the regularly scheduled meeting in the Tenth Street Place, Chambers Conference Room, Basement Level, 1010 Tenth Street, Modesto, California. Any and all of the following agenda items are subject to action being taken by the Modesto City Council.
The business to be considered at said City Council meeting shall consist of a Closed Session concerning the following:
CLOSED SESSION
CONFERENCE WITH 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