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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, November 12, 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: Pat Nagle, Redeemer
City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session
OATH OF OFFICE
1. Administer the Oath of Office to reelected Mayor Sue Zwahlen (Funding Source: Not Applicable)
Administer the Office pursuant to the Section 600 of the City Charter. The Mayor shall hold office for a term of four-years from and after the first Tuesday following the November Council election.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected]
ACKNOWLEDGEMENTS AND PRESENTATIONS
2. Proclamation declaring November 30th as Small Business Saturday. (Funding Source:
Not Applicable)
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected]
MISCELLANEOUS
Legislation, Appointments, Other
3. Consider approving the appointment of Edward Rubalcaba to the Downtown Improvement District Board of Directors for a four-year term ending December 31, 2028. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution approving the appointment of Edward Rubalcaba to the Downtown Improvement District Advisory Board for a four-year term ending December 31, 2028.
CED; Sean Rando, 209-577-5473, [email protected]
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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
4. Consider approving the minutes for the November 5, 2024 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving the minutes for the November 5, 2024 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
5. Consider approving an Agreement for Engineering Design Services for the Downtown Revitalization Project to Westwood Professional Services, Inc., Plano, TX, for a total amount not to exceed $194,315. (Funding Source: California Department of Transportation Clean California Grant)
Staff Recommendation:
Resolution approving the Award of Proposal and Agreement for Engineering Design Services for the Downtown Revitalization Project to Westwood Professional Services, Inc., Plano, TX, for a total amount not to exceed $194,315, and authorizing the City Manager, or his designee, to execute the Agreement.
CED; Sean Rando, 209-577-5473, [email protected]
Consent
6. Consider approving an Agreement with Stanislaus Equity Partners from Modesto, - 5 -
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California for an Affordable Housing Trust Fund Program that supports the production and preservation of affordable housing for a total amount not to exceed $500,000. (Funding Source: American Rescue Plan Act)
Staff Recommendation:
Resolution approving an Agreement with Stanislaus Equity Partners from Modesto, California for an Affordable Housing Trust Fund Program that supports the production and preservation of affordable housing for a total amount not to exceed $500,000; and authorizing the City Manager, or his designee, to negotiate and execute the Agreement.
CED; Edgar Garcia, 209-571-5101, [email protected] Consent
7. Consider approving a First Amendment to the Residential Rehabilitation Loan Agreement with Charles Mark Matteri for health and safety repairs to the residential property located at 1710 Idylwood Court, Modesto, CA 95350 for an additional $11,564 for a total project cost of $110,068. (Funding Source: Community Development Block Grant Funds)
Staff Recommendation:
Resolution approving a First Amendment to the Residential Rehabilitation Loan Agreement with Charles Mark Matteri for health and safety repairs to the residential property located at 1710 Idylwood Court, Modesto, CA 95350 for an additional $11,564, for a total project cost of $110,068, and authorizing the City Manager to execute the Agreements.
CED; Edgar Garcia, 209-571-5101, [email protected] Consent
8. Consider approving the First Amendment to the Modesto Forward Agreement for the continued operations of a low-barrier Safe Sleeping Program with the Modesto Gospel Mission, Modesto, California increasing the Agreement amount by $100,000 for a total amount not to exceed $200,000. (Funding Source: American Rescue Plan Act) Staff Recommendation:
Resolution approving a First Amendment to the Modesto Forward Agreement for the continued operations of a low-barrier Safe Sleeping Program with the Modesto Gospel Mission, Modesto, California increasing the Agreement amount by $100,000 for a total amount not to exceed $200,000 until program funds are fully expended and authorizing the City Manager, or his designee, to execute the Amendment.
CED; Edgar Garcia, 209-571-5101, [email protected] Consent
9. Consider approving the summary vacation of Wagner Way (approximately 39,451 square feet) right-of-way, public utility easement, and planting easement. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution approving the summary vacation of Wagner Way (approximately 39,451 square feet) right-of-way, public utility easement, and planting - 6 -
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easement.
ENGINEERING SERVICES; Jaspreet Mangat, 209-577-5253,
[email protected]
Consent
10. Consider approving an Agreement for Circle Clamps, Gaskets, Pipe Couplings and Tapping Sleeves with Ferguson Waterworks, Modesto, CA and Pace Supply, Stockton, CA, for a combined total amount not to exceed $3,357,737 over five years. (Funding Source: Water and Wastewater Funds)
Staff Recommendation:
Resolution approving the Award of Bid and Agreement for the purchase of Circle Clamps, Gaskets, Pipe Couplings and Tapping Sleeves to Ferguson Waterworks, Modesto, CA and Pace Supply Company, Stockton, CA for a twoyear Agreement with three one-year extension options, for an annual estimated amount of $640,000 and authorizing the Director of Finance, or her designee, to adjust financial amounts between both providers for a total amount not to exceed $3,357,737 over five years; and authorizing the City Manager, or his designee to execute the Agreements.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] Consent
11. Consider accepting the Fiscal Year 2024-2025 Cal Fire Volunteer Fire Capacity (VFC) Program Grant Award in the amount of $20,000, with a 50% Local Match, for the Procurement of Wildland Personal Protective Equipment. (Funding Source: General Fund)
Staff Recommendation:
Resolution accepting the Fiscal Year 2024-2025 Cal Fire Volunteer Fire Capacity (VFC) Program Grant Award in the amount of $20,000, with a 50% Local Match, for the Procurement of Wildland Personal Protective Equipment and authorizing the City Manager, or his designee, to execute the Grant Agreement.
FIRE DEPARTMENT; Kevin Wise, 209-572-9590, [email protected] Consent
12. Consider approving an Amendment to the City of Modesto Classification Plan and Position Allocation Plan to allocate one Multimedia Designer to the City Manager’s Office, one Laboratory Quality Control Analyst in the Utilities Department, one Operations Supervisor in the Public Works Department; and reclassify one Operations Crewleader to one Operations Supervisor and two Tree Trimmer Crewleaders to two Senior Tree Trimmers in Public Works; and move the Parks Planning Division from the Parks, Recreation, and Neighborhoods Department to the Engineering Services Department; and moving the Water and Wastewater Division Managers from range 452 to range 453 within Utilities. (Funding Source: Various Funds) Staff Recommendation:
Resolution amending the Classification Plan for the City of Modesto to create new classifications and amend existing classifications. - 7 -
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Resolution amending the Position Allocation for Fiscal Year 2024-25 as adopted in the Operating Budget.
Resolution amending the Fiscal Year 2024-25 Annual Operating Fund budgets in the amount of $251,544 to appropriate the funds for the approved Classification and Position Allocation amendments and authorizing the City Manager, to take the necessary steps to implement the provisions of this resolution.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] Consent
13. Consider approving a Fourth Amendment to the Agreement with Employee Relations, Glendale, CA to conduct Pre-Employment Background Checks for a revised Agreement total amount not to exceed $100,000. (Funding Source: Various Funds) Staff Recommendation:
Resolution approving the Fourth Amendment to the Agreement with Employee Relations, Glendale, CA for conducting pre-employment background checks to increase amount by $35,100 from $64,900 to a new total amount not to exceed $100,000 and authorizing the City Manager, or his designee, to execute the Amendment.
HUMAN RESOURCES; Dawn Kelley, 209-577-5490, [email protected] Consent
14. Consider approving the Plans and Specifications for Downey Shade Structure and Parking Lot Replacement Project, accepting the Bid and Awarding a Construction Contract to Westside Landscape & Concrete, Inc. of Newman, CA., in the amount of $572,393, plus $45,791 for contingency (if needed), for a total payment amount not to exceed $618,184. (Funding Source: Various Funds)
Staff Recommendation:
Resolution approving the Plans and Specifications for Downey Shade Structure and Parking Lot Replacement Project, accepting the Bid and Awarding a Construction Contract to Westside Landscape & Concrete, Inc. of Newman, CA., in the amount of $572,393 authorizing $45,791 for contingency (if needed), for a total payment amount not to exceed $618,184, 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 Downey Shade Structure and Parking Lot Replacement 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 #100922 (Downey Shade Structure) in an amount not to exceed $141,802 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; Ken Peterson, 209-571-5573, [email protected] - 8 -
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Consent
15. Consider rejecting all bids received for the Virginia Corridor Phase 7 Project and authorizing staff to readvertise the project for bids at a future date. (Funding Source:
Non-Motorized Local Transportation Funds, Parks & Air Qualify CFF, and Various Grants)
Staff Recommendation:
Resolution rejecting all bids for the Virginia Corridor Phase 7 Project, and authorizing staff to re-advertise the project for bids at a future date.
PRN; Ken Peterson, 209-571-5573, [email protected] Consent
16. Consider approving a Second Amendment with Williams Scotsman, Inc., Fresno, California, for the Modular Building at Dryden Golf Course increasing the Agreement amount by $35,000 and extending the term of the Agreement from December 28, 2024 to June 14, 2026. (Funding Source: Golf Fund)
Staff Recommendation:
Resolution approving the Second Amendment with Williams Scotsman, Inc., Fresno, California, for the Modular Building at Dryden Golf Course increasing the Agreement amount by $35,000 to a new total amount of $130,000 and extending the term of the Agreement from December 28, 2024 to June 14, 2026; and authorizing the City Manager or his designee to execute the Amendment.
PRN; Jessica Franco, 209-577-5278, [email protected] Consent
17. Consider approving an Engineering Services Agreement with Westwood Professional Services (formerly O’Dell Engineering), of Modesto, CA, for the Sonoma Sewer Trunk Phase 4b Project in an amount not to exceed $80,300. (Funding Source: Wastewater Fund)
Staff Recommendation:
Resolution approving an Engineering Services Agreement with Westwood Professional Services (formerly O’Dell Engineering), of Modesto, CA, for the Sonoma Sewer Trunk Phase 4b Project in the amount of $73,000, plus $7,300 in additional services, if needed, for a total amount not to exceed $80,300 and authorizing the City Manager, or his designee, to execute the Agreement. Resolution approving an amendment to the Fiscal Year 2024-25 Capital Improvement Program Budget in the amount of $2,005,300 to be transferred into the Project from Wastewater Reserves to fund the Sonoma Sewer Trunk Phase 4b Project and authorizing the City Manager to take the necessary steps to implement the provisions of this Resolution.
UTILITIES; Cristian Ciotau, 209-571-5175, [email protected] Consent
18. Consider approving the First Amendment with AERC Acquisition Corporation, Hatboro, PA, for the Removal and Recycling of Universal Waste increasing the Agreement amount by $95,000 to a revised total amount of $135,000 over five years. - 9 -
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(Funding Source: Various Funds)
Staff Recommendation:
Resolution approving the First Amendment to the Agreement with AERC Acquisition Corporation, Hatboro, PA, for the Removal and Recycling of Universal Waste, increasing the Agreement amount by $95,000 to a new total amount of $135,000 over five years and authorizing the City Manager, or his designee to execute the Amendment.
UTILITIES; Manuel Martinez, 209-342-4592, [email protected] Consent
19. Consider approving a Third Amendment to the City Clerk Employment Agreement with Diane Nayares-Perez adjusting terms of the contract regarding compensation as a result of the 2023 City-wide Labor Market Study. (Funding Source: General Fund) Staff Recommendation:
Resolution approving a Third Amendment to the City Clerk Employment Agreement with Diane Nayares-Perez adjusting terms of the contract regarding compensation as a result of the 2023 City-wide Labor Market Study.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] Consent
20. Consider approving a Third Amendment to the City Manager Employment Agreement with Joseph P. (“Joe”) Lopez adjusting terms of the contract regarding Management Leave and Severance as a result of the delivery of a positive performance evaluation. (Funding Source: General Fund)
Staff Recommendation:
Resolution approving a Third Amendment to the City Manager Employment Agreement with Joseph P. (“Joe”) Lopez adjusting terms of the contract regarding Management Leave and Severance.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected]
COUNCIL COMMENTS & REPORTS
CITY MANAGER COMMENTS & REPORTS
HEARINGS
Published in the Modesto Bee on November 1, 2024.
21. Hearing to consider adopting an Ordinance amending various Sections and Tables within Title 10 of the Modesto Municipal Code relating to Accessory Dwelling Units and approving an Agreement with Valley First Credit Union Modesto, California for Accessory Dwelling Units (ADU) Revolving Loan Fund to increase the development of ADUs in the community for a total amount not to exceed $450,000. (Funding Source: Measure H Fund)
Staff Recommendation:
Motion introducing and waiving the first reading of the Ordinance amending various Sections and Tables within Title 10 of the Modesto Municipal Code - 10 -
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relating to Accessory Dwelling Units.
Resolution approving an Agreement with Valley First Credit Union Modesto, California for Accessory Dwelling Unit (ADU) Revolving Loan Fund to increase the development of ADUs in the community for a total amount not to exceed $450,000 and authorizing the City Manager, or his designee, to negotiate and execute the Agreement.
CED; Jessica Hill, 209-577-5211, [email protected]
Published in the Modesto Bee on November 1, 2024.
22. Hearing to consider the adoption of an Urgency Ordinance, extending the 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, for a period of ten (10) months and fifteen (15) days, to become effective immediately. (Funding Source: Not Applicable)
Staff Recommendation:
Motion adopting an Urgency Ordinance of the City of Modesto making findings and extending the 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 for a period of ten (10) months and fifteen (15) days, 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, NOVEMBER 12, 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 LEGAL COUNSEL – EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: Bay Cities Paving & Grading v. City of Modesto Arbitration Case No.: A-0012-2024, BCP Job 4030
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 at by
date time signature