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Modesto City Council
November 12, 2024

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Minutes
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November 12, 2024
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Modesto City Council
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MODESTO CITY COUNCIL
www.modestogov.com

MINUTES
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 – Present: Councilmembers Alvarez (5:34 p.m.), Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen

Absent: None
Pledge of Allegiance to the Flag
Invocation: Pat Nagle, Redeemer
City Clerk’s Announcements: None
Declaration of Conflicts of Interest: None
Reports from Closed Session: No reportable action.

OATH OF OFFICE

1. Administer the Oath of Office to reelected Mayor Sue Zwahlen (Funding Source: Not Applicable)
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: City Clerk Diane Nayares-Perez administered Oath of 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. - 2 -
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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] ACTION: Mayor Zwahlen presented proclamation declaring November 30th as Small Business Saturday.

MISCELLANEOUS

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]
ACTION: (Wright/Ricci; 7/0) Resolution 2024-405 approving the appointment of Edward Rubalcaba to the Downtown Improvement District Advisory Board for a fouryear term ending December 31, 2028.

PUBLIC COMMENT IN PERSON
 Danielle Morgan, on behalf of Assemblyman Juan Alaniz, congratulated Mayor Zwahlen on her new term. She highlighted the Assemblyman’s District office services for assistance with state agencies and encouraged constituents to reach out.  Nancy Robinson, President of the Modesto Garden Club invited the community to a Holiday Table Viewing on December 11 and a Holiday Home Tour on December 14.

Proceeds will fund local beautification projects, including downtown plantings and a memorial at the Commemorative Air Force hangar.
 A member of the public expressed concern about the lack of inclusivity in public meeting invocations, noting that non-Christian groups and humanists are often excluded. He suggested ending the invocation practice or having the City Clerk oversee it to ensure fairness.
 Kevin McClarty congratulated the Mayor and Councilmembers on their reelections and suggested the Council consider eliminating term limits, arguing that they can prevent experienced leaders from serving again later in life. He cited examples like Governor Brown and Supervisor Monteith, who returned to public office after long breaks. - 3 -
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 Zeff congratulated the Mayor on her reelection and expressed his hopes for the next four years, particularly in addressing homelessness in Modesto. He recalled attending a Planning Committee Workshop about the City's future and contrasts it with a previous workshop on homelessness, feeling that the latter lacked genuine, productive discussion. Zeff believes homelessness can be solved within a few years, advocating for a real, actionable plan to get people off the streets and into housing, including support for those with mental health needs. He expressed confidence that the Mayor and Council can make significant progress in addressing homelessness and offered his help in any way he can.
 Jerry Thompson announced the Police Lowrider Project’s progress, funded with $15,000 raised with the help of Marion Cannon from the Stanislaus Community Foundation. Modesto High students and Modesto Junior College would collaborate to modify a police car donated by the Modesto Police Department, aiming to start by fall 2024 or spring 2025. The speaker thanked community partners and the Foundation for their support.

CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS: 4-20 (Wright/Alvarez; 7/0)

CONSENT
Consent

4. Consider approving the minutes for the November 5, 2024 Council Meeting. (Funding Source: Not Applicable)
 Motion approving the minutes for the November 5, 2024 Council Meeting.

CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Alvarez; 7/0) Motion approving the minutes for the November 5, 2024 Council Meeting.

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)
 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]
ACTION: (Wright/Alvarez; 7/0) Resolution 2024-406 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 - 4 -
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amount not to exceed $194,315, and authorizing the City Manager, or his designee, to execute the Agreement.

Consent

6. Consider 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. (Funding Source: American Rescue Plan Act)
 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] ACTION: (Wright/Alvarez; 7/0) Resolution 2024-407 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.

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)
 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] ACTION: (Wright/Alvarez; 7/0) Resolution 2024-408 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.

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)  Resolution approving a First Amendment to the Modesto Forward Agreement - 5 -
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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] ACTION: (Wright/Alvarez; 7/0) Resolution 2024-409 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.

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)
 Resolution approving the summary vacation of Wagner Way (approximately 39,451 square feet) right-of-way, public utility easement, and planting easement.

ENGINEERING SERVICES; Jaspreet Mangat, 209-577-5253,
[email protected]
ACTION: (Wright/Alvarez; 7/0) Resolution 2024-410 approving the summary vacation of Wagner Way (approximately 39,451 square feet) right-of-way, public utility easement, and planting easement.

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)
 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] ACTION: (Wright/Alvarez; 7/0) Resolution 2024-411 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, - 6 -
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Stockton, CA for a two-year 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.

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)
 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] ACTION: (Wright/Alvarez; 7/0) Resolution 2024-412 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.

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)  Resolution amending the Classification Plan for the City of Modesto to create new classifications and amend existing classifications.  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] ACTION: (Wright/Alvarez; 7/0) Resolution 2024-413 amending the Classification - 7 -
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Plan for the City of Modesto to create new classifications and amend existing classifications.

ACTION: (Wright/Alvarez; 7/0) Resolution 2024-414 amending the Position Allocation for Fiscal Year 2024-25 as adopted in the Operating Budget.

ACTION: (Wright/Alvarez; 7/0) Resolution 2024-415 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.

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)  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] ACTION: (Wright/Alvarez; 7/0) Resolution 2024-416 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.

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)
 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.
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 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] ACTION: (Wright/Alvarez; 7/0) Resolution 2024-417 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.

ACTION: (Wright/Alvarez; 7/0) Resolution 2024-418 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.

ACTION: (Wright/Alvarez; 7/0) Resolution 2024-419 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.

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)
 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] ACTION: (Wright/Alvarez; 7/0) Resolution 2024-420 rejecting all bids for the Virginia Corridor Phase 7 Project, and authorizing staff to re-advertise the project for bids at a future date.

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)
 Resolution approving the Second Amendment with Williams Scotsman, Inc., Fresno, California, for the Modular Building at Dryden Golf Course increasing - 9 -
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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] ACTION: (Wright/Alvarez; 7/0) Resolution 2024-421 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.

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)
 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] ACTION: (Wright/Alvarez; 7/0) Resolution 2024-422 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.

ACTION: (Wright/Alvarez; 7/0) Resolution 2024-423 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.

Consent

18. Consider approving the First Amendment with AERC Acquisition Corporation, Hatboro, PA, for the Removal and Recycling of Universal Waste increasing the - 10 -
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Agreement amount by $95,000 to a revised total amount of $135,000 over five years. (Funding Source: Various Funds)
 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] ACTION: (Wright/Alvarez; 7/0) Resolution 2024-424 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.

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)  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] ACTION: (Wright/Alvarez; 7/0) Resolution 2024-425 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 Citywide Labor Market Study.

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)
 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] ACTION: (Wright/Alvarez; 7/0) Resolution 2024-426 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. - 11 -
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COUNCIL COMMENTS & REPORTS
Councilmember Escutia-Braaton honored Mrs. Clotilde Duarte on her 99th birthday, noting her birth in the Azores, Portugal, in 1925. Mrs. Duarte immigrated to the U.S. in 1959, settled in Modesto, and, with her husband Luis, raised six children and 15 grandchildren. She worked as a seamstress, donating over 2,500 dresses to orphanages worldwide. She also expressed thanks and gratitude to the Veteran's for their service to the nation.

Councilmember Ricci voiced concerns about Modesto’s homelessness crisis, calling for stronger solutions amid limited shelter beds and rising rents for seniors. He also commended the Modesto Police Department for quickly recovering stolen items and arresting a suspect after a burglary at Queen Bean Coffee House. He also reminded everyone to attend the Christmas Parade.

Councilmember Williams reflected on recent community events, including the wellattended groundbreaking at Cesar Chavez Park and his participation in a Veterans Day celebration, where the Fire Department cooked 300 hot dogs for attendees. About 300 people gathered to honor veterans, including 110-year-old Korean War veteran Hal Conkey. He announced plans for a significant Veterans Day celebration in 2025 for the 80th anniversary of World War II and thanked event co-chairs Carlos and Autumn, as well as committee members. He expressed gratitude for the chance to honor veterans and acknowledged their sacrifices.

Councilmember Bavaro echoed concerns about homelessness in Modesto, particularly in District 4, where encampments have increased along Yosemite Boulevard and Perry Avenue. While acknowledging the City's efforts, he stressed the need to revisit street camping policies and find better ways to manage those who refuse shelter or treatment. He noted that three districts are heavily impacted, and linked the issue to economic development, emphasizing the need to address homelessness as more jobs are introduced.

He expressed hope for productive Council discussions on solutions.

Vice Mayor Alvarez thanked military veterans, mentioning his personal connection through cousins who are career Marines. He reflected on attending the Cesar Chavez Park groundbreaking, a project funded by state ARPA and Measure H that will add a skate park, renovated youth center, and new sports facilities to benefit District 2 youth. Vice Mayor Alvarez also discussed the rental housing safety program, highlighting issues at the Kansas House, which has faced crime, vandalism, and poor conditions. To improve safety, staff are enhancing fencing, cameras, and pest control. He expressed hope for continued funding for these efforts in the next fiscal year.

The Mayor attended the first graduation ceremony for the Downtown Streets Team's Living Well Program, which supports formerly unhoused individuals in building stable lives. Program coordinator Alana Scott celebrated four graduates who overcame challenges to become leaders. Councilmembers Wright and Williams were present, and the speaker expressed admiration for the six women’s progress, noting the impact of their - 12 -
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weekly meetings and mentorship. The event was inspiring, honoring the graduates’ hard work and achievements.

CITY MANAGER COMMENTS & REPORTS
None.

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)
 Motion introducing and waiving the first reading of the Ordinance amending various Sections and Tables within Title 10 of the Modesto Municipal Code 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]
ACTION: (Bavaro/Alvarez; 7/0) Motion introducing and waiving the first reading of the Ordinance 3787-C.S. amending various Sections and Tables within Title 10 of the Modesto Municipal Code relating to Accessory Dwelling Units.

ACTION: (Ricci/Williams; 7/0) Resolution 2024-427 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.

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)
 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. - 13 -
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CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Motion adopting an Urgency Ordinance 3788-C.S. 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.

MATTERS TOO LATE FOR THE AGENDA
None.

ADJOURNMENT
This meeting adjourned at 7:05 P.M.
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All Closed Session Matters heard prior to the meeting.

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
Attest:____________________________
Diane Nayares-Perez, City Clerk

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