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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 22, 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: Pat Nagle, Redeemer
City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Presentations of the Certificate of Achievement for Excellence in Financial Reporting and Popular Annual Financial Reporting Award by Government Finance Officers Association (GFOA) for Fiscal Year ending June 30, 2023, and Presentation for the Distinguished Budget Presentation Award by GFOA for Fiscal Year 2024-2025 Budget. (Funding Source: Not Applicable)
FINANCE DEPARTMENT; DeAnna Christensen, 209-577-5387,
[email protected]
MISCELLANEOUS
Legislation, Appointments, Other
2. Consider the removal of Kathleen Munoz and Mike Kelley from the City of Modesto Blight Abatement Advisory Committee and appointing Tim Ragsdale and Kristina Telo to the Committee for a four-year term with an expiration date of December 31, 2028. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution approving the removal of Kathleen Munoz and Mike Kelley from the City of Modesto Blight Abatement Advisory Committee pursuant to Section
4.08(a) of the Committee’s bylaws due to unexcused absences, and the appointments of Tim Ragsdale and Kristina Telo to the Committee for a fouryear term expiring December 31, 2028.
PUBLIC WORKS; Myriah Hill, 209-577-5495, [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:
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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
3. Consider approving the minutes for the October 8, 2024 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving the minutes for the October 8, 2024 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
4. Consider approving the 2025 Calendar of regularly scheduled City Council and Council Standing Committee meetings. (Funding Source: Not Applicable) Staff Recommendation:
Resolution approving the 2025 City Calendars of regularly scheduled City Council and Council Standing Committee meetings.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, dnayaresperez@modestogov,com Consent
5. Consider approving a Second Amendment to the Legal Services Agreement with Swingle, Van Egmond & Heitlinger increasing the Agreement amount by $300,000 for continued representation in tort cases and a Fourth Amendment to the Legal Services Agreement with Castillo, Moriarty, Tran & Robinson increasing the Agreement amount by $175,000, for continued representation in police related matters. (Funding Source: General Liability Insurance Fund)
Staff Recommendation:
Resolution approving a Second Amendment to the Legal Services Agreement with Swingle, Van Egmond & Heitlinger increasing the agreement amount by $300,000, for a new total not to exceed $850,000 for continued representation in tort cases, and authorizing the City Manager or his designee, to execute the Amendment.
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Resolution approving a Fourth Amendment to the Legal Services Agreement with Castillo, Moriarty, Tran & Robinson increasing the agreement amount by $175,000, for a new total not to exceed $670,000 for continued representation in police litigation matters and authorizing the City Manager or his designee, to execute the Amendment.
CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected] Consent
6. Consider approving a Second Amendment to the Agreement with Downtown Streets Team to continue to administer a Litter Abatement Program for Parks that includes outreach and engagement for individuals experiencing homelessness, increasing the agreement amount by $350,000 for a revised total Agreement amount not to exceed $700,000. (Funding Source: Measure H)
Staff Recommendation:
Resolution approving a Second Amendment to the Agreement with Downtown Streets Team to continue to administer a Litter Abatement Program for Parks that includes outreach and engagement for individuals experiencing homelessness, increasing the agreement amount by $350,000 to a new total amount not to exceed $700,000, and authorizing the City Manager or his designee, to execute the Amendment.
CED; Edgar Garcia, 209-571-5101, [email protected] Consent
7. Consider approving four Grant Agreements awarding funding to verified City of Modesto Cannabis Program Providing Local Equity Development Grants and Education (PLEDGE) participant owned businesses in an amount of $70,000 each. (Funding Source: Cannabis Equity Grant)
Staff Recommendation:
Resolution approving four Grant Agreements to provide funding to verified City of Modesto Cannabis Program Providing Local Equity Development Grants and Education (PLEDGE) participant owned businesses in an amount of $70,000 each, and authorizing the City Manager, or his designee, to execute the Agreements.
CED; Sean Rando, 209-577-5473, [email protected]
Consent
8. Consider approving a Will Serve Letter and Outside Service Agreement with Julian Thi Huynh, to connect to the City of Modesto’s existing sewer system for the property located at 528 Roselawn Avenue (APN: 037-040-012). (Funding Source: Sewer Fund) Staff Recommendation:
Resolution approving a Will Serve Letter and Outside Service Agreement with Julian Thi Huynh to connect to the City of Modesto’s existing sewer system for the property located at 528 Roselawn Avenue (APN: 037-040-012), and authorizing the City Manager, or his designee, to sign the Will Serve Letter and execute the Outside Service Agreement.
ENGINEERING SERVICES;Jaspreet Mangat,209-577-5253, [email protected] - 6 -
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Consent
9. Consider approving the Agreement for Tax Audits, Analysis and Reporting Services to Hinderliter, De Llamas and Associates (HDL) Companies, Brea, CA for a total amount not to exceed $1,200,000 over five years. (Funding Source: General Fund and Measure H)
Staff Recommendation:
Resolution approving the Award of Proposal and Agreement for Tax Audits, Analysis and Reporting Services to HDL Companies, Brea, CA for a two-year Agreement with three one-year extension options, for an annual estimated amount of $240,000 and a total amount not to exceed $1,200,000 over five years; and authorizing the City Manager or his designee to execute the Agreement.
Resolution authorizing examination of sales or transactions and use tax records.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] Consent
10. Consider approving the Fifth Amendment with MuniServices, LLC, Fresno, CA, for Tax Audits, Analysis and Reporting Services increasing the Agreement amount by $250,000. (Funding Source: General Fund and Measure H)
Staff Recommendation:
Resolution approving the Fifth Amendment with MuniServices, LLC, Fresno, CA, for the Tax Audits, Analysis and Reporting Services increasing the Agreement amount by $250,000 to a new total amount of $850,000; and authorizing the City Manager or his designee to execute the Amendment.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] Consent
11. Consider accepting the Department of Justice, Office of Community Oriented Policing Services Technology and Equipment Program Grant in the amount of $3,530,000. (Funding Source: Police Grants)
Staff Recommendation:
Resolution accepting the Department of Justice, Office of Community Oriented Policing Services Technology and Equipment Program Grant in an amount of $3,530,000 in grant funds with no match requirement, and authorizing the City Manager, or his designee, to execute and submit all documents which may be necessary for the completion of the grant acceptance.
Resolution amending the Fiscal Year 2024-2025 Multi-Year Non-Capital Project Budget to appropriate any necessary transfers, revenue and expenses in the total amount of $3,530,000 related to the Department of Justice, Office of Community Oriented Policing Services Technology and Equipment Program Grant; and authorizing the City Manager, or his designee, to take the necessary steps to implement the required budget adjustments.
POLICE DEPARTMENT; Brandon Gillespie, 209-572-9500,
[email protected]
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Consent
12. Consider approving an Engineering Services Agreement with West Yost Associates, Sacramento, CA, for the 2025 Water System Risk and Resiliency Assessment and Emergency Response Plan Updates for a total amount not to exceed $146,225. (Funding Source: Water Fund)
Staff Recommendation:
Resolution approving an Engineering Services Agreement with West Yost Associates, of Sacramento, CA for the 2025 Water System Risk and Resiliency Assessment and Emergency Response Plan updates, in the amount of $132,932, plus $13,293 in additional services, if needed, for a total amount not to exceed $146,225 and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution approving an Amendment to the Fiscal Year 2024-25 Multi-Year Program Budget in the amount of $162,000 from Water Fund Reserves to fund the 2025 Water System Risk and Resiliency Assessment and Emergency Response Plan updates and authorizing the City Manager, or his designee, to implement the provisions of the Resolution.
UTILITIES; Miguel Alvarez, 209-577-5348, [email protected] Consent
13. Consider approving an Engineering Services Agreement with Woodard and Curran, of Sacramento, CA, for the River Trunk, South Trunk, and Santa Rosa Phase II Sewer Trunk Rehabilitation Project, for a total amount not to exceed $811,646. (Funding Source: Wastewater Fund)
Staff Recommendation:
Resolution approving an Engineering Services Agreement with Woodard and Curran, of Sacramento, CA, for the River Trunk, South Trunk, and Santa Rosa Phase II Sewer Trunk Rehabilitation Project in the amount of $737,860, plus $73,786 in additional services, if needed, for a total amount not to exceed $811,646 and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution approving an amendment to the Fiscal Year 2024-25 Multi-Year Program Budget in the amount of $9,090,315 from Wastewater Reserves to fund the River Trunk, South Trunk, and Santa Rosa Phase II Sewer Trunk 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]
COUNCIL COMMENTS & REPORTS
CITY MANAGER COMMENTS & REPORTS
HEARINGS
Published in the Modesto Bee on October 13, 2024.
14. Hearing to consider establishing City of Modesto Community Facilities District (CFD) - 8 -
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No. 2024-2 (Fairview Village #2), authorizing the levy of special taxes therein, calling a special election; and declaring the results of the October 22, 2024, special election. (Funding Source: Developer Deposit)
Staff Recommendation:
Resolution declaring the formation of the City of Modesto Community Facilities District No. 2024-2 (Fairview Village #2), conditionally authorizing the levy of special taxes therein, and conditionally establishing an annual appropriations limit of $12,100,000.
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. 2024-2 (Fairview Village #2), calling for a special election. Resolution declaring the results of October 22, 2024, special election and approving certain related actions pertaining to City of Modesto Community Facilities District No. 2024-2 (Fairview Village #2).
Motion introducing an ordinance authorizing the levy of special taxes within the City of Modesto held within City of Modesto Community Facilities District No. 2024-2 (Fairview Village #2).
CED; Edgar Garcia, 209-577-5211, [email protected]
NEW BUSINESS
15. Consider approving the purchase of five Pierce Velocity 1500 GPM Type 1 Fire Engines and two Pierce 107’ Velocity Tractor Drawn Aerial Fire Trucks for a total amount not to exceed $9,246,959. (Funding Source: Measure H) Staff Recommendation:
Resolution approving the purchase of five Pierce Velocity 1500 GPM Type 1 Fire Engines and two Pierce 107’ Velocity Tractor Drawn Aerial Fire Trucks for a total amount not to exceed $9,246,959 and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.
Resolution amending the Fiscal Year 2024-25 Annual Operating Budget to appropriate $9,246,959 in the MFD – Measure H – Facilities & Fleet Cost Center (18611) in General Fund – Measure H Fund (0160) for five engines and two trucks and authorizing the City Manager to take the necessary steps to implement the required Budget Adjustments.
FIRE DEPARTMENT; Kevin Wise, 209-572-9590, [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 22, 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.
The business to be considered at said City Council meeting shall consist of a Closed Session concerning the following:
CLOSED SESSION
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Pursuant to Section 54957 of the Government Code)
Title: City Clerk
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Pursuant to Section 54957 of the Government Code)
Title: City Manager
CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – Unrepresented Employee Negotiator: Christina Alger
Unrepresented Employee: City Clerk
CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – Unrepresented Employee Negotiator: Christina Alger
Unrepresented Employee: City Manager
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
at by
date time signature