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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, December 03, 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: Bill Kenoyer, Redeemer Church
City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Presentation of Helen Putnam Award for Excellence to the City of Modesto in recognition for the partnership of Community Economic Development with Downtown Streets Team; Modesto Police Department for their Student Engagement Officer and 10K with a Cop; and Modesto Police Department for their Healthy Rooms Project. (Funding Source: Not Applicable)
CITY MANAGER; Joe Lopez, 209-577-5223, [email protected]
2. Presentation of a check to the City of Modesto Parks, Recreation and Neighborhoods Department from proceeds received by the North Modesto Kiwanis Club as the presenting sponsor of the Annual Breakfast with Santa Event. (Funding Source: Not Applicable)
PRN; Jeremy Rogers, 209-577-5347, [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.
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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 November 12, 2024 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving the minutes for the November 12, 2024 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
4. Consider approving Final Adoption of Ordinance 3787-C.S. amending various sections and tables within Title 10 of the Modesto Municipal Code relating to Accessory Dwelling Units. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving Final Adoption of Ordinance 3787-C.S. amending various sections and tables within Title 10 of the Modesto Municipal Code relating to Accessory Dwelling Units.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
5. Consider amending the 2025 Calendar of regularly scheduled City Council and Council Standing Committee meetings, and Rescinding Resolution 2024-381. (Funding Source:
Not Applicable)
Staff Recommendation:
Resolution approving the amended 2025 City Calendars of regularly scheduled City Council and Council Standing Committee meetings and Rescinding Resolution 2024-381.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
6. Consider accepting the Procurement Performance Audit report. (Funding Source: Not Applicable)
Staff Recommendation:
Motion accepting the Procurement Performance Audit report.
CITY AUDITOR; Colleen Rozillis, 206-302-6795, [email protected] - 5 -
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Consent
7. Consider accepting the Solid Waste and Forestry Efficiency Study Update report. (Funding Source: Not Applicable)
Staff Recommendation:
Motion accepting the Solid Waste and Forestry Efficiency Study Update report.
CITY AUDITOR; Colleen Rozillis, 206-302-6795, [email protected] Consent
8. Consider accepting the Property Management Review report. (Funding Source: Not Applicable)
Staff Recommendation:
Motion accepting the Property Management Review report.
CITY AUDITOR; Colleen Rozillis, 206-302-6795, [email protected] Consent
9. Consider accepting the Fleet Internal Controls Review report. (Funding Source: Not Applicable)
Staff Recommendation:
Motion accepting the Fleet Internal Controls Review report.
CITY AUDITOR; Colleen Rozillis, 206-302-6795, [email protected] Consent
10. Consider approving the recommended budget adjustments to Fiscal Year 2024-25 Annual Operating and Capital Improvement Program Budgets and amending the Fiscal Year 2024-25 Position Allocation. (Funding Source: Various Funds) Staff Recommendation:
Resolution amending Fiscal Year 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. Resolution amending the Position Allocation for Fiscal Year 2024-25 as adopted in the operating budget.
BUDGET; Stephan Christensen, 209-577-5390, [email protected] Consent
11. Consider removing the original HOME Investment Partnership award in the amount of $1,786,971 and approving a First Amendment to the Permanent Local Housing Allocation Loan Agreement with Stanislaus Regional Housing Authority to increase the loan by $1,786,971 for a new total amount of $2,745,694 for the development of the Vine Street Affordable Housing Project. (Funding Source: Permanent Local Housing Allocation)
Staff Recommendation:
Resolution removing the original HOME Investment Partnership award in the amount of $1,786,971 and approving a First Amendment to the Permanent Local Housing Allocation Loan Agreement with Stanislaus Regional Housing Authority to increase the loan by $1,786,971 for a new total amount of $2,745,694 for the development of the Vine Street Affordable Housing Project; - 6 -
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and authorizing the City Manager, or his designee, to negotiate and execute the Agreement.
Resolution amending the fiscal year 2024-2025 multi-year fund budget to increase the transfer of Permanent Local Housing Allocation (PLHA) funds for the development of the affordable housing Vine Street project (101185) in the amount of $1,786,971 and reducing the transfer of HOME Investment Partnership (HOME) funds of $1,786,971 for a total project cost not to exceed $3,326,604 and budgeting the necessary transfers and authorizing the City Manager or his designee to take the necessary steps to implement the provisions of this resolution.
CED; Jessica Hill, 209-577-5211, [email protected]
Consent
12. Consider accepting an Informational Report for the October 2024 Accounts Payable Payment Register and Void Report. (Funding Source: Not Applicable) Staff Recommendation:
Motion accepting an Informational Report for the October 2024 Accounts Payable Payment Register and Void Report.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
Consent
13. Consider approving an Agreement with Gilton Solid Waste Management, Inc. and Bertolotti Modesto Disposal, Inc. to perform Billing and Collection Services for certain solid waste removal provided to single-family residential customers within the City limits of Modesto for a two-year Agreement with three one-year extension options. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution approving an Agreement with Gilton Solid Waste Management, Inc. and Bertolotti Modesto Disposal, Inc. to perform Billing and Collection Services for certain solid waste removal provided to single-family residential customers within the City limits of Modesto for a two-year Agreement with three one-year extension options, and authorizing the City Manager, or his designee, to execute the Agreements.
FINANCE DEPARTMENT; Jeni Martin, 209-571-5892, [email protected] Consent
14. Consider approving a Change Order to the Agreement with OpenGov Inc., San Francisco, CA for the Public Bidding Solution Subscription increasing the Agreement amount by $13,975. (Funding Source: General Fund, Capital Improvement Fund, and Utility Funds)
Staff Recommendation:
Resolution approving a Change Order to the Agreement with OpenGov Inc., San Francisco, CA for the Public Bidding Solution Subscription increasing the amount by $13,975 for a new total amount not to exceed $290,111; and authorizing the City Manager or his designee to execute the Change Order - 7 -
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request.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] Consent
15. Consider approving the First Amendment with Public Group, aka Public Surplus, Provo, UT for Online Auction Services increasing the Agreement amount by $250,000. (Funding Source: Various Fleet Replacement Funds)
Staff Recommendation:
Resolution approving the First Amendment with Public Group, aka Public Surplus, Provo, UT for Online Auction Services increasing the Agreement annual estimated amount by $50,000 to a revised annual estimated amount of $80,000 and increasing the Agreement amount by $250,000 to a new total amount not to exceed $400,000 for the five-year term Agreement; and authorizing the City Manager or his designee to execute the Amendment.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] Consent
16. Consider approving an Agreement with First Alarm Wellness, Vista, California for Behavioral Health Services for the Modesto Fire Department for a two-year Agreement with three one-year extension options, for an annual estimated amount of $32,100 and a total amount not to exceed $160,500 over five years. (Funding Source: General Fund) Staff Recommendation:
Resolution approving an Agreement with First Alarm Wellness, Vista, California for Behavioral Health Services for the Modesto Fire Department for a two-year Agreement with three one-year extension options, for an annual estimated amount of $32,100, and a total amount not to exceed $160,500 over five years and authorizing the City Manager, or his designee, to execute the Agreement.
FIRE DEPARTMENT; Kevin Wise, 209-572-9590, [email protected] Consent
17. Consider approving a Second Amendment with West Coast Door and Gate, Ceres, CA, for On-call Commercial Roll-up Door Maintenance and Repair Services, increasing the Agreement amount by $50,000 to a new total amount not to exceed $286,000, and extending the term of the Agreement from December 2, 2024, to December 2, 2025. (Funding Source: General Fund)
Staff Recommendation:
Resolution approving the Second Amendment with West Coast Door and Gate, Ceres, CA for the on-call Commercial Roll-up Door Maintenance and Repair Services increasing the Agreement amount by $50,000 to a new total amount not to exceed $286,000, and extending the term of the Agreement from December 2, 2024, to December 2, 2025, and authorizing the City Manager, or his designee, to execute the Amendment.
FIRE DEPARTMENT; Kevin Wise, 209-572-9590, [email protected] - 8 -
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Consent
18. Consider approving an Agreement with the State of California, Office of Emergency Services to temporarily house and maintain a Type 1 HazMat Emergency Response Vehicle. (Funding Source: General Fund)
Staff Recommendation:
Resolution approving an Agreement with the State of California, Office of Emergency Services to temporarily house and maintain a Type 1 HazMat Emergency Response Vehicle and authorizing the City Manager, or his designee, to execute the Agreement.
FIRE DEPARTMENT; Kevin Wise, 209-572-9590, [email protected] Consent
19. Consider approving a Purchase Agreement with Telcion Communications Group, Turlock, CA to enhance cybersecurity infrastructure for a total amount not to exceed $240,000 over three years. (Funding Source: American Rescue Plan Act Funds and Information Technology Fund)
Staff Recommendation:
Resolution approving a Purchase Agreement with Telcion Communications Group, Turlock, CA, by utilizing the Competitive Bid Process through Merced County FOCUS Agreement for a 3-year Agreement, and a total amount not to exceed $240,000, over three years; and authorizing the City Manager or his designee to execute the Agreement.
IT; Dameon Booker, 209-571-5529, [email protected] Consent
20. Consider rejecting all bids for the Sonoma Sewer Trunk Phases 3 and 4a Projects. (Funding Source: Wastewater Fund)
Staff Recommendation:
Resolution rejecting all bids for the Sonoma Sewer Trunk Phases 3 and 4a Projects.
UTILITIES; Cristian Ciotau, 209-571-5175, [email protected] Consent
21. Consider approving an On-Call Hydraulic Wastewater System Modeling Support Services Agreement with Carollo Engineers, Inc., of Sacramento, CA for a total amount not to exceed $300,000 over three years. (Funding Source: Various Capital Improvement Program Projects)
Staff Recommendation:
Resolution approving an On-Call Hydraulic Wastewater System Modeling Support Services Agreement with Carollo Engineers, Inc., of Sacramento, CA for a one-year Agreement with two one-year extension options, for an annual estimated amount of $100,000, and a total amount not to exceed $300,000 over three years and authorizing the City Manager, or his designee, to execute the Agreement.
UTILITIES; Tim Barahona, 209-577-5485, [email protected] - 9 -
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Consent
22. Consider approving an On-Call Hydraulic Water System Modeling Support Services Agreement with West Yost & Associates, Inc., of Davis, CA for a total amount not to exceed $300,000 over three years. (Funding Source: Various Capital Improvement Program Projects)
Staff Recommendation:
Resolution approving an On-Call Hydraulic Water System Modeling Support Services Agreement with West Yost & Associates, Inc., of Davis, CA for a oneyear Agreement with two one-year extension options, for an annual estimated amount of $100,000, and a total amount not to exceed $300,000 over three years; and authorizing the City Manager, or his designee, to execute the Agreement.
UTILITIES; Tim Barahona, 209-577-5485, [email protected]
COUNCIL COMMENTS & REPORTS
CITY MANAGER COMMENTS & REPORTS
HEARINGS
Published in the Modesto Bee on November 22, 2024.
23. Hearing to consider accepting the Capital Facilities Fees Annual Report for Fiscal Year 2023-24 and making findings related to each of the fee categories. (Funding Source:
Capital Facilities Fees)
Staff Recommendation:
Resolution accepting the Capital Facilities Fees Annual Report for Fiscal Year 2023-24 and making findings related to each of the fee categories.
CED; Edgar Garcia, 209-577-5211, [email protected] Published in the Modesto Bee on November 22, 2024.
24. Hearing to consider accepting the Fiscal Year 2023-24 Annual Report of Funds Held for Future Improvements and making findings related to each security on file. (Funding Source: Developer Deposits)
Staff Recommendation:
Resolution accepting the Fiscal Year 2023-24 Annual Report of Funds Held for Future Improvements and making findings related to each security on file.
CED; Edgar Garcia, 209-577-5211, [email protected] Published in the Modesto Bee on November 24, 2024.
25. Hearing to consider a Historic Property Preservation Agreement (Mills Act Contract #13) for the State Theatre at 1307 J Street (owner: State Theatre of Modesto, Inc), Modesto Landmark Preservation Site #22. (Funding Source: Applicant Funded) Staff Recommendation:
Resolution approving a Historic Property Preservation Agreement (Mills Act Contract #13) for the State Theatre at 1307 J Street (owner: State Theatre of Modesto, Inc), Modesto Landmark Preservation Site #22, and authorizing the - 10 -
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City Manager or designee to execute the Agreement.
CED; Michael Hren, 209-577-5273, [email protected]
NEW BUSINESS
26. Consider approving the submission of a Grant Application for the Governor’s Office of Business and Economic Development (GO-Biz) Cannabis Equity Grants Program for Local Jurisdictions for an amount up to $250,000 without a local match requirement. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution approving the submission of a Grant Application for the Governor’s Office of Business and Economic Development (GO-Biz) Cannabis Equity Grants Program for Local Jurisdictions for an amount up to $250,000 without a local match requirement, and authorizing the City Manager, or his Designee, to submit the application.
CED; Sean Rando, 209-577-5473, [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
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
at by
date time signature