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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, October 08, 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: Dave White, Church of Jesus Christ of Latter-day Saints City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Poet Laureate Reading by Angela Drew. (Funding Source: Not Applicable) PRN; Diane Sheatsley, 209-577-5418, [email protected]
2. Proclamation declaring October 6th - 12th as National Fire Prevention Week. (Funding Source: Not Applicable)
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected]
3. Proclamation declaring October 5th - 13th as California Water Professionals Appreciation Week and October 17th as Imagine a Day Without Water. (Funding Source: Not Applicable)
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected]
MISCELLANEOUS
Legislation, Appointments, Other
4. Consider approving the appointment of Lynn Dickerson for the vacant District 1 seat of the City of Modesto Measure H Oversight Board beginning October 8, 2024, to serve their respective term. (Funding Source: Not Applicable) Staff Recommendation:
Resolution approving the appointment of Lynn Dickerson to the vacant District 1 seat of the City of Modesto Measure H Oversight Board beginning October 8, 2024, to serve their respective term.
BUDGET; Stephan Christensen, 209-577-5390, [email protected]
5. Consider accepting the resignation of Jose Vazquez from the Planning Commission. (Funding Source: Not Applicable)
Staff Recommendation:
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Resolution accepting the resignation of Jose Vazquez from the City of Modesto Planning Commission.
CED; Jessica Hill, 209-577-5267, [email protected]
6. Consider approving the appointments of Bonnie Acree to the City of Modesto Landmark Preservation Commission with a partial term expiring December 31, 2024, Mark Farrish to the City of Modesto Landmark Preservation Commission with a partial term expiring December 31, 2025, and Naramsen Goriel to the City of Modesto Landmark Preservation Commission with a term ending December 31, 2027. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution approving the appointment of Bonnie Acree to the Landmark Preservation Commission, with a term expiration of December 31, 2024. Resolution approving the appointment of Mark Farrish to the Landmark Preservation Commission with a partial term expiration of December 31, 2025. Resolution approving the appointment of Naramsen Goriel to the Landmark Preservation Commission with a term expiring December 31, 2027.
CED; Jessica Hill, 209-577-5267, [email protected]
7. Consider approving the appointments of Diane Kroeze and Matthew Holbrook to the Measure L Citizen’s Transportation Sales Tax Commission for a four-year term from October 8, 2024 to June 30, 2028. (Funding Source: Not Applicable) Staff Recommendation:
Resolution approving the appointments of Diane Kroeze and Matthew Holbrook to the Measure L Citizen’s Transportation Sales Tax Commission for a four-year term from October 8, 2024 to June 30, 2028.
ENGINEERING SERVICES; Toby Wells, 209-571-5542, [email protected]
8. Consider approving the appointments of Izzy Altadonna, Myra Belkahla, Julianna Garcia, Gulsan Grewal, Ibrahim Khan, Henry Kinzie, Hasan Modan, Benjamin Parke, Rudra Patel, Neha Prabhakar, and Valentina Zeff to the Modesto Youth Commission for a two-year term from October 9, 2024, to August 31, 2026. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution approving the appointments of Izzy Altadonna, Myra Belkahla, Julianna Garcia, Gulsan Grewal, Ibrahim Khan, Henry Kinzie, Hasan Modan, Benjamin Parke, Rudra Patel, Neha Prabhakar, and Valentina Zeff to the Modesto Youth Commission for a two-year term from October 9, 2024, to August 31, 2026.
PRN; John Skeel, 209-577-5216, [email protected]
9. Consider approving the appointment of Jeremiah Sasser to the Modesto City-County Airport Advisory Committee for a four-year term with an expiration date of June 30, 2028 (Funding Source: Not Applicable)
Staff Recommendation:
Resolution approving the appointment of Jeremiah Sasser to the Modesto City- - 5 -
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County Airport Advisory Committee for the position of Small Aircraft Owner/General Aviation for a four-year term with an expiration date of June 30, 2028.
PUBLIC WORKS; Marisol Navarro, 209-577-5319, [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
10. Consider approving the minutes for the September 24, 2024 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving the minutes for the September 24, 2024 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
11. Consider approving Final Adoption of Ordinance 3784-C.S. authorizing the Levy of Special Taxes within the City of Modesto held within City of Modesto Community Facilities District No. 2024-1 (Tivoli) (Funding Source: Not Applicable) Staff Recommendation:
Motion approving Final Adoption of Ordinance 3784-C.S. authorizing the Levy of Special Taxes within the City of Modesto held within City of Modesto Community Facilities District No. 2024-1 (Tivoli)
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] - 6 -
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Consent
12. Consider approving the recommended budget adjustments to Fiscal Year 2023-24 and 2024-25 Annual Operating and Capital Improvement Program Budgets. (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.
BUDGET; Steve Christensen, 209-577-5390, [email protected] Consent
13. Consider accepting Engineering and Planning Document Reports related to bicyclist, pedestrian, and school zone safety: Systemic Safety Analysis Report (SSAR), Local Roadway Safety Plan (LRSP), Non-Motorized Master Plan Update and School Safety Program Study. (Funding Source: State Systemic Safety Analysis Report (SSAR) Grant, Highway Safety Improvement Program (HSIP) and Local Measure L Funds) Staff Recommendation:
Resolution accepting Engineering and Planning Document Reports related to bicyclist, pedestrian, and school zone safety: Systemic Safety Analysis Report (SSAR), Local Roadway Safety Plan (LRSP), Non-Motorized Master Plan Update and School Safety Program Study.
ENGINEERING SERVICES; Michael Sacuskie, 209-571-5552,
[email protected]
Consent
14. Consider accepting the new Zeff Road Realignment Public Improvements and approving summary vacation of the old Zeff Road Alignment located adjacent to Crows Landing Road, authorizing the City Clerk to file a Notice of Completion with the Stanislaus County Recorder’s office, and releasing securities upon expiration of statutory periods. (Funding Source: Developer Funded)
Staff Recommendation:
Resolution accepting the Public Improvements of the Zeff Road Realignment and approving summary vacation of the old Zeff Road located adjacent to Crows Landing Road, authorizing the City Clerk to file a Notice of Completion with the Stanislaus County Recorder’s office, and releasing securities upon expiration of statutory periods.
ENGINEERING SERVICES; Jaspreet Mangat, 209-571-5253,
[email protected]
Consent
15. Consider accepting the Monthly Investment Report for July 2024. (Funding Source:
Various Funds)
Staff Recommendation:
Motion accepting the Monthly Investment Report for July 2024.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
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Consent
16. Consider accepting an Informational Report on the July and August 2024 Grant Applications and Awards. (Funding Source: Not Applicable) Staff Recommendation:
Motion accepting an Informational Report for July and August 2024 Grant Applications and Awards.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
Consent
17. Consider accepting an Informational Report for the August 2024 Accounts Payable Payment Register and Void Report. (Funding Source: Not Applicable) Staff Recommendation:
Motion accepting an Informational Report for the August 2024 Accounts Payable Payment Register and Void Report.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
Consent
18. Consider approving the Amendments for Bottled Water Delivery Services for Citywide locations to Blue Triton Brands doing business as (dba) ReadyRefresh, Livermore, CA and DS Services of America Inc. dba Primo Water North America, Manteca, CA increasing the agreement amount by $95,000 over the term of the Agreement. (Funding Source: Various Funds)
Staff Recommendation:
Resolution approving the Amendments with Blue Triton Brands doing business as (DBA) ReadyRefresh, Livermore, CA and DS Services of America Inc.
DBA Primo Water North America, Manteca, CA, for Bottled Water Delivery Services for Citywide locations increasing the Agreement amount by $35,000 for the first year estimated amount for a new revised first year estimated amount of $235,000; and increasing the Agreement amount by $15,000 for the annual estimated amounts for a revised annual estimated amount of $115,000 and increasing the Agreement amount by $95,000 for the total combined revised total amount of $695,000 for the term of the agreement; and authorizing the City Manager or his designee to execute the Amendments.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] Consent
19. Consider approving an Agreement with Telcion, Inc. for the Purchase of Cisco Network Communication Equipment and Services for an amount not to exceed $178,806. (Funding Source: Information Technology Fund) Staff Recommendation:
Resolution approving an Agreement with Telcion, Inc. for the Purchase of Cisco Network Communication Equipment and Services for an amount not to exceed $178,806, and authorizing the City Manager, or his designee, to execute - 8 -
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the Agreement.
IT; Dameon Booker, 209-571-5229, [email protected] Consent
20. Consider approving the Amendment of a partner agency related to the Board of State and Community Corrections California Violence Intervention and Prevention Grant. (Funding Source: Police Grants)
Staff Recommendation:
Resolution approving the Amendment of a partner agency related to the Board of State and Community Corrections California Violence Intervention and Prevention Grant and authorizing the City Manager, or his designee, to execute the necessary documents including a Memorandum of Understanding with Project Blue - The Healthy Room Project and 10k with a Cop.
POLICE DEPARTMENT; Chris Adams, 209-572-9500, [email protected] Consent
21. Consider approving an Agreement with Mather Aviation, LLC, Mather, CA, for Aircraft Maintenance and Repair Services for a total amount not to exceed $159,768 over two years. (Funding Source: General Fund)
Staff Recommendation:
Resolution approving the Agreement with Mather Aviation, LLC, Mather, California for Aircraft Maintenance and Repair Services for a two-year Agreement, for an estimated annual amount of $87,072, and a total amount not to exceed $159,768 over two years; and authorizing the City Manager, or his designee, to execute the Agreement.
POLICE DEPARTMENT; Kalani Souza, 209-572-9500, [email protected] Consent
22. Consider approving the payment for Records Management Software Annual Maintenance to CentralSquare Technologies, Lake Mary, Florida, for a total amount not to exceed $100,408. (Funding Source: Supplemental Law Enforcement Services Fund)
Staff Recommendation:
Resolution approving the payment for Records Management Software Annual Maintenance to CentralSquare Technologies, Lake Mary, Florida, for a total amount not to exceed $100,408; and authorizing the Finance Director, or her designee, to execute the payment.
POLICE DEPARTMENT; Jessica Smart, 209-572-9500, [email protected] Consent
23. Consider approving the First Amendment with Gallo Center for the Arts, Modesto, CA for Lot 25 employee discounted parking increasing the Agreement amount by five dollars per parking permit per month, and extending the term of the Agreement from July 1, 2024 to June 30, 2025. (Funding Source: Parking Services Enterprise Fund) Staff Recommendation:
Resolution approving the First Amendment with Gallo Center for the Arts, - 9 -
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Modesto, CA for Lot 25 employee discounted parking, increasing the Agreement amount by five dollars per parking permit per month, and extending the term of the Agreement from July 1, 2024 to June 30, 2025, and authorizing the City Manager, or his designee, to execute the Amendment.
PUBLIC WORKS; Patrick Crowley, 209-402-6812, [email protected] Consent
24. Consider approving the First Amendment with Beard Land Improvement Company and Modesto and Empire Traction Company for the Water Well/Right of Way Lease Agreements, increasing the amount by $2,764,332 and extending the term of the Agreement from December 31, 2024 to December 31, 2034. (Funding Source: Water Fund)
Staff Recommendation:
Resolution approving the First Amendment to the Water Well/Right of Way Lease Agreement with Beard Land Improvement Company for the water well site on Spenker Avenue for City Well 225 (Beard Well 25 Budget Pack) and well site on Farrar Avenue for City Well 279 (Beard Well Farrar Pump Lot), increasing the amount by $1,113,533 over ten years, and extending the term of the Agreement from December 31, 2024 to December 31, 2034; and authorizing the City Manager, or his designee to execute the Amendment. Resolution approving the First Amendment to the Water Well/Right of Way Lease Agreement with Modesto and Empire Traction Company (M&ET) for the water well site on Yosemite Boulevard for City Wells 291 and 292 (M&ET Well 91 and 92 – Mariposa E. & W. Pump Lot) and water well site on S.
McClure Road for City Well 308 (M&ET Well 1 – S. McClure Pump Lot), increasing the amount by $1,650,799 over ten years, and extending the term of the Agreement from December 31, 2024 to December 31, 2034; and authorizing the City Manager, or his designee to execute the Amendment.
UTILITIES; Manuel Martinez, 209-342-4592, [email protected] Consent
25. Consider approving an Agreement for Painting of Water Wells and Tank Sites to HB Restoration Inc., of Rio Linda, CA for a total amount not to exceed $669,076 over five years. (Funding Source: Water Fund)
Staff Recommendation:
Resolution approving the Award of Bid and Agreement for Painting of Water Wells and Tank Sites to HB Restoration Inc., of Rio Linda, CA for a two-year Agreement with three one-year extension options, for an annual estimated amount of $126,000 and a total amount not to exceed $669,076 over five years; and authorizing the City Manager, or his designee, to execute the Agreement.
UTILITIES; Manuel Martinez, 209-342-4592, [email protected] Consent
26. Consider approving the adoption of the City of Modesto Pyrethroid Management Plan and all associated Appendices. (Funding Source: Storm Drain Fund) Staff Recommendation:
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Resolution adopting the City of Modesto Pyrethroid Management Plan and all associated Appendices.
UTILITIES; Jeff Daniels, 209-577-6255, [email protected] Consent
27. Consider approving the First Amendment with Labworks, LLC, Lehi, Utah, for the Annual Maintenance and Support of Labworks LIMS Software, increasing the Agreement amount by $10,504. (Funding Source: Sewer Operations Fund) Staff Recommendation:
Resolution approving the First Amendment with Labworks, LLC, for the Annual Maintenance and Support of Labworks LIMS Software increasing the Agreement amount by $10,504 to a new total amount of $107,368; and authorizing the City Manager, or his designee, to execute the Amendment.
UTILITIES; Jeff Daniels, 209-577-6255, [email protected]
COUNCIL COMMENTS & REPORTS
CITY MANAGER COMMENTS & REPORTS
NEW BUSINESS
28. Consider the Adoption of an Urgency Ordinance making findings and establishing a temporary moratorium on the establishment of new and relocation or physical expansion of existing tobacco retailer businesses, also known as smoke shops, within the City of Modesto to become effective immediately. (Funding Source: General Fund) Staff Recommendation:
Motion introducing and waiving the First Reading of an Urgency Ordinance making findings and establishing a temporary moratorium on the establishment of new, and relocation or physical expansion of existing tobacco retailer businesses, also known as smoke shops, within the City of Modesto to become effective immediately.
CITY ATTORNEY; Jose Sanchez, 209-577-5284, [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, OCTOBER 8, 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
Six Cases (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: Baljit Athwal, et al. v. Stanislaus County et al.
United States Eastern District
Case No.: 1:15-CV-00311
Georgia DeFilippo, et al. v. Stanislaus County et al.
United States Eastern District
Case No.: 1:18-CV-00496
Frank Carson v. Stanislaus County et al.
United States Eastern District
Case No.: 2:20-AT-00513
Eduardo Quintanar, Jr. v. Stanislaus County et al.
United States Eastern District
Case No.: 1:18-CV-01402
Walter W. Wells & Scott McFarlane v. Stanislaus County et al.
United States Eastern District
Case No.: 1:20-CV-00770
Magda Abraham v. City of Modesto, et al.
Superior Court of California, County of Stanislaus
Case No.: CV-18-003342
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Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
at by
date time signature