- 1 -
12/10/2024 5:30:00 PM
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 10, 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.
- 2 -
12/10/2024 5:30:00 PM
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 -
12/10/2024 5:30:00 PM
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: Darrell Cummings, Christ Community Church
City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session
ELECTION ITEM
1. Consider approving the Certificate of Canvass of Votes from the November 5, 2024 Election. (Funding Source: General fund)
Staff Recommendation:
Resolution of the Council of the City of Modesto Confirming the Canvass of the Regular Municipal Election which was held in the City of Modesto on November 5, 2024 and Declaring the Results of Said Election and such other matters as provided by law.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected]
2. Oath of Office of reelected Modesto City Councilmembers, Rosa Escutia-Braaton, Chris Ricci, and David Wright and the Modesto City School Board Members, John Ervin III, Abel Maestas, and Homero Mejia. (Funding Source: Not Applicable) CITY CLERK; Diane Nayares-Perez, 209-577-5398, [email protected]
PUBLIC COMMENT IN PERSON
Three-minute time limit per speaker.
Only interested persons in the audience may present these matters. Under State law, Councilmembers may respond to matters being presented under this item only as follows:
a. Briefly respond to statements made or questions raised. b. Ask a question for clarification.
c. Provide a reference to staff or other resources for factual information. d. Request staff to report back at a subsequent meeting. e. Finally, a Councilmember or the Council itself may take action to direct staff to place a matter of business on a future agenda.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
Information concerning the consent items listed below has been forwarded to each - 4 -
12/10/2024 5:30:00 PM
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 December 3, 2024 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving the minutes for the December 3, 2024 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
4. Consider approving the Mayor’s appointments to the City of Modesto Standing Committees, and City Council Liaison Committees; and appointing a Vice Mayor for the 2025 calendar year. (Funding Source: Not Applicable) Staff Recommendation:
Motion appointing Council Member Bavaro as Vice Mayor for the 2025 calendar year.
Motion approving the appointments to the Standing Committees and City Council Liaison Committees for the 2025 calendar year.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
5. Consider approving the Sixth Amendment to the Joint Exercise of Powers Agreement between the City of Modesto and the County of Stanislaus for Emergency Dispatch Services to extend the Agreement to December 31, 2025. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution approving a Sixth Amendment to the Joint Exercise of Powers Agreement between the City of Modesto and the County of Stanislaus for Emergency Dispatch Services, amending Section 5.1 extending the expiration date to December 31, 2025, and authorizing the City Manager or his designee to execute the Amendment.
CITY MANAGER; Scotty Douglass, 209-577-9149, [email protected] Consent
6. Consider approving a First Amendment to the Professional Services Agreement with Seer World, Inc, Roswell, Georgia for urban planning and project management support increasing the Agreement by an amount not to exceed $815,348. (Funding Source:
General Fund)
Staff Recommendation:
- 5 -
12/10/2024 5:30:00 PM
Resolution approving the First Amendment to the Professional Services Agreement with Seer World, Inc, Roswell, Georgia for urban planning and project management support increasing the Agreement by an amount not to exceed $815,348 to a new total amount of $1,465,748, and authorizing the City Manager, or his designee, to finalize and execute the First Amendment. Resolution amending the fiscal year 2024-2025 multi-year fund budget to establish the transfer out from unassigned General Fund balance to the Urban Planning and Redevelopment Project–101638 in the amount of $815,348 and budgeting the necessary transfers and project discretionary budget and authorizing the City Manager or his designee to take the necessary steps to implement the provisions in this resolution.
CED; Sean Rando, 209-577-5473, [email protected]
Consent
7. Consider approving a Modesto Forward Grant Agreement with the Modesto Improvement Partnership, Inc, (MIP) for Downtown Beautification not to exceed $700,000. (Funding Source: American Rescue Plan Act Funds) Staff Recommendation:
Resolution approving the Modesto Forward Grant Agreement with Modesto Improvement Partnership, INC., to fund a Downtown Beautification Program for a total amount not to exceed $700,000 and authorizing the City Manager or his designee to execute the Agreement.
CED; Trevin Barber, 209-571-5566, [email protected] Consent
8. Consider accepting the Monthly Investment Report for September 2024. (Funding Source: Various Funds)
Staff Recommendation:
Motion accepting the Monthly Investment Report for September 2024.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
Consent
9. Consider accepting an Informational Report on the September and October 2024 Grant Applications and Awards. (Funding Source: Not Applicable) Staff Recommendation:
Motion accepting an Informational Report for September and October 2024 Grant Applications and Awards.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
Consent
10. Consider accepting an informational update on the American Rescue Plan Act spending plan and approving a Memorandum of Understanding between the City of Modesto and Modesto Fire Department to implement the Fire Station 1 Enhancement Program. (Funding Source: American Rescue Plan Act)
- 6 -
12/10/2024 5:30:00 PM
Staff Recommendation:
Motion accepting an Informational Report update on the American Rescue Plan Act spending plan.
Resolution approving a Memorandum of Understanding between the City of Modesto and Modesto Fire Department to implement the Fire Station 1 Enhancement Program; and authorizing the City Manager or his designee to execute the Memorandum of Understanding.
FINANCE DEPARTMENT; DeAnna Christensen, 209-577-5387,
[email protected]
Consent
11. Consider approving the submission of a Grant Application for the Federal Emergency Management Agency (FEMA) Assistance to Firefighters Grant (AFG) for an amount up to $1,340,820 with a local match requirement of up to 10%. (Funding Source:
General Fund)
Staff Recommendation:
Resolution approving the submission of a Grant Application for the Federal Emergency Management Agency (FEMA) Assistance to Firefighters Grant (AFG) for an amount up to $1,340,820 with a local match requirement of up to 10%, and authorizing the City Manager, or his designee, to execute and submit all documents necessary for the completion of the Grant Application.
FIRE DEPARTMENT; Kevin Wise, 209-572-9590, [email protected] Consent
12. Consider approving the purchase of mobile and portable radios to Motorola Solutions, Inc., San Diego, CA, for a total amount not to exceed $999,953. (Funding Source:
Various Funds)
Staff Recommendation:
Resolution approving the Competitive Bidding Process from HoustonGalveston Area Council, with Motorola Solutions, Inc., San Diego, CA, for the purchase of Mobile and Portable Radios, for a total amount not to exceed $999,953; and authorizing the Purchasing Manager or her designee to issue the Purchase Order.
POLICE; Jessica Smart, 209-572-9500, [email protected] Consent
13. Consider approving an Agreement with Berry, Dunn, McNeil, & Parker LLC, Portland, ME, to prepare the Parks and Recreation Master Plan for total amount not to exceed $421,685. (Funding Source: Measure H)
Staff Recommendation:
Resolution approving an Agreement with Berry, Dunn, McNeil, & Parker LLC, Portland, ME, to prepare the Parks and Recreation Master Plan for an amount of $383,350, plus $38,335 for additional services, if needed, for an Agreement total amount not to exceed $421,685, and authorizing the City Manager, or his designee, to execute the Agreement.
PRN; Diane Sheatsley, 209-577-5418, [email protected] - 7 -
12/10/2024 5:30:00 PM
Consent
14. Consider approving the Plans and Specifications for the Tuolumne River Regional Park (TRRP) Picnic Area B Renovation Project, accepting the Bid and Awarding a Construction Contract to Sinclair General Engineering Construction, Inc., of Oakdale, CA., in the amount not to exceed $376,978. (Funding Source: Various Fund) Staff Recommendation:
Resolution approving the Plans and Specifications for the Tuolumne River Regional Park (TRRP) Picnic Area B Renovation Project, accepting the Bid and Awarding a Construction Contract to Sinclair General Engineering Construction, Inc., of Oakdale, CA., in the amount of $342,707, authorizing $34,271 for contingency (if needed), for a total payment amount not to exceed $376,978, and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution amending the Fiscal Year 2024-25 Capital Improvement Program budget to fund Project #101478 (TRRP B Improvements) in an amount not to exceed $125,034 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; Nathan Houx, 209-571-5526, [email protected]
Consent
15. Consider approving the Plans and Specifications for Tuolumne River Regional Park River (TRRP) Pavilion and Learning Theater Project, accepting the Bid and Awarding a Construction Contract to Westside Landscape & Concrete, Inc. of Newman, CA., for a total amount not to exceed $597,159. (Funding Source: Various Funds) Staff Recommendation:
Resolution approving the Plans and Specifications for the Tuolumne River Regional Park (TRRP) Pavilion and Learning Theater Project, accepting the Bid and Awarding a Construction Contract to Westside Landscape & Concrete, Inc. of Newman, CA., in the amount of $552,925 authorizing $44,234 for contingency (if needed), for a total amount not to exceed $597,159, and authorizing the City Manager, or his designee, to execute the Agreement. Resolution amending the Fiscal Year 2024-25 Capital Improvement Program budget to fund Project #101135 (TRRP River Pavilion) for a total amount not to exceed $64,002 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; Nathan Houx, 209-571-5526, [email protected]
Consent
16. Consider approving the Plans and Specifications for The Awesome Spot Playground, Phase 1A, accepting the Bid and Awarding a Construction Contract to Westside Landscape & Concrete, Inc. of Newman, CA., for a total amount not to exceed $812,755. (Funding Source: Various Funds)
Staff Recommendation:
- 8 -
12/10/2024 5:30:00 PM
Resolution approving the Plans and Specifications for The Awesome Spot Playground, Phase 1A, accepting the Bid and Awarding a Construction Contract to Westside Landscape & Concrete, Inc. of Newman, CA., in the amount of $738,868 authorizing $73,887 for contingency (if needed), for a total amount not to exceed $812,755 and authorizing the City Manager, or his designee, to execute the Agreement.
PRN; Nathan Houx, 209-571-5526, [email protected]
Consent
17. Consider approving the price increase of Purchase Order 216608 for Napa Ford, Napa, CA by $50,404 for three Ford Police Responder Pickups for a revised total amount not to exceed $216,968. (Funding Source: Fleet Replacement Fund) Staff Recommendation:
Resolution approving the increase of Purchase Order 216608 with Napa Ford, Napa, CA for three Ford Police Responder pickups by $50,404 from $166,564 for a revised total amount not to exceed $216,968, and authorizing the Purchasing Manager, or her designee, to execute the Purchase Order price increase.
PUBLIC WORKS; Larry Devereaux, 209-342-2214, [email protected] Consent
18. Consider approving a three month extension of the lease with Juana Monreal and Jose Solis, individuals doing business as Liz Andrews Furniture, for the City-owned property located at 131 9th Street. (Funding Source: Wastewater Fund) Staff Recommendation:
Resolution approving a three-month extension of the lease with Juana Monreal and Jose Solis, individuals doing business as Liz Andrews Furniture, for Cityowned property located at 131 9th Street, and authorizing the City Manager, or his designee, to execute the lease amendment.
UTILITIES; Cristian Ciotau, 209-571-5175, [email protected]
COUNCIL COMMENTS & REPORTS
CITY MANAGER COMMENTS & REPORTS
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
- 1 -
12/10/2024 5:30:00 PM
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, DECEMBER 10, 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
Two Cases (Pursuant to Section 54956.9(a) of the Government Code) Name of case(s): Josh Hauselmann v. City of Modesto
California Workers Compensation Appeals Board
Nos. ADJ18827281
John Heilman v. City of Modesto
California Workers Compensation Appeals Board
Nos. ADJ8940740
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
at by
date time signature