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Amended Zoom Link & Meeting ID
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, January 14, 2025 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/95895497651,
Enter the following link into an Internet Browser https://zoom.us/ and using the Webinar ID: 958 9549 7651
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 958 9549 7651 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: Fr Brian Dawson, St. Paul’s Episcopal
City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session
MISCELLANEOUS
Legislation, Appointments, Other
1. Consider accepting the resignation of Tom Hallinan from the Measure H Oversight Board. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution accepting the resignation of Tom Hallinan from the Measure H Oversight Board.
BUDGET; Steve Christensen, 209-577-5390, [email protected]
2. Consider accepting the resignation of Damon Robbins from the Visit Modesto Board of Directors and appointing Brad Morad to fill the partial unexpired term ending December 31, 2025, followed by a full term from January 1, 2026, to December 31, 2029. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution accepting the resignation of Damon Robbins from the Visit Modesto Board of Directors and appointing Brad Morad to fill the partial unexpired term ending December 31, 2025, followed by a full term from January 1, 2026, to December 31, 2029.
CED; Sean Rando, 209-577-5473, [email protected]
3. Consider accepting the resignation of Matthew Holbrook from the Citizens’ Transportation Sales Tax Commission. (Funding Source: Not Applicable) Staff Recommendation:
Resolution accepting the resignation of Matthew Holbrook from the Citizens’ Transportation Sales Tax Commission.
ENGINEERING SERVICES; Toby Wells, 209-571-5542, [email protected]
4. Consider accepting the resignation of James McKay from the Airport Advisory Committee. (Funding Source: Not Applicable)
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Staff Recommendation:
Resolution accepting the resignation of James McKay from the Airport Advisory Committee.
PUBLIC WORKS; Marisol Navarro, 209-577-5319, [email protected]
5. Consider approving the appointment of Hans Hauselmann to the City of Modesto Planning Commission with a partial term expiring December 31, 2025, appointment of Naramsen Goriel and Michael Arroyo to the City of Modesto Planning Commission with terms ending December 31, 2028, and reappointment of Planning Commissioner Erin Black to the City of Modesto Planning Commission with a term expiring December 31, 2028. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution appointing Hans Hauselmann to the City of Modesto Planning Commission with a partial term expiring December 31, 2025. Resolution appointing Naramsen Goriel to the City of Modesto Planning Commission with a term expiring December 31, 2028.
Resolution appointing Michael Arroyo to the City of Modesto Planning Commission with a term expiring December 31, 2028.
Resolution reappointing Planning Commissioner Erin Black to the City of Modesto Planning Commission with a term expiring December 31, 2028.
CED; Jessica Hill, 209-577-5267, [email protected]
6. Consider approving the reappointment of Mark Niskanen and Minal Desai to the City of Modesto Board of Zoning Adjustment with a term expiring December 31, 2028. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution reappointing Mark Niskanen to the City of Modesto Board of Zoning Adjustment with a second term expiring December 31, 2028. Resolution reappointing Minal Desai to the City of Modesto Board of Zoning Adjustment with a second term expiring December 31, 2028.
CED; Jessica Hill, 209-577-5267, [email protected]
7. Consider approving the reappointment of Harrison Power and appointing Brinder Singh to the City of Modesto Landmark Preservation Commission with terms expiring December 31, 2028. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution reappointing Harrison Power to the City of Modesto Landmark Preservation Commission with a second term expiring December 31, 2028. Resolution appointing Brinder Singh to the City of Modesto Landmark Preservation Commission with a term expiring December 31, 2028.
CED; Jessica Hill, 209-577-5267, [email protected]
8. Consider approving the appointment of Monica Soria to the Disabled Access Appeals Board with a term expiring December 31, 2025, the appointment of Christine Stewart and David Townsend to the Disabled Access Appeals Board with terms expiring December 31, 2026, and the appointment of David Harter, and Terry Moffatt to the - 5 -
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Disabled Access Appeals Board with terms expiring December 31, 2028. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution approving the appointment of Monica Soria to the Disabled Access Appeals Board with a term expiration of December 31, 2025. Resolution approving the appointment of Christine Stewart to the Disabled Access Appeals Board with a term expiration of December 31, 2026. Resolution approving the appointment of David Townsend to the Disabled Access Appeals Board with a term expiration of December 31, 2026. Resolution approving the appointment of David Harter to the Disabled Access Appeals Board with a term expiration of December 31, 2028. Resolution approving the appointment of Terry Moffatt to the Disabled Access Appeals Board with a term expiration of December 31, 2028.
CED; Oscar Diaz, 209-571-5885, [email protected]
9. Consider approving the appointment of Dr. Tony Sillemon, Jennifer Anne (Rally) Aoyama, Ricardo R. Ortiz, Dr. Bianca Agassi, and Elizabeth Buenrostro, to the City of Modesto Entertainment Commission with terms from January 1, 2025, to December 31, 2028. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution appointing Dr. Tony Sillemon, Jennifer Anne (Rally) Aoyama, Ricardo R. Ortiz, Dr. Bianca Agassi, and Elizabeth Buenrostro, to the City of Modesto Entertainment Commission with terms from January 1, 2025, to December 31, 2028.
CED; Trevin Barber, 209-860-1251, [email protected]
10. Consider approving the appointment of Rajmeet Grewal as the Planning Commission Representative to the Board of Zoning Adjustment (BZA) for 2025, with a term expiration of December 31, 2025. (Funding Source: Not Applicable) Staff Recommendation:
Resolution appointing Rajmeet Grewal to the Board of Zoning Adjustment as a Planning Commission Representative for 2025, with a term expiration of December 31, 2025.
CED; Tristan Osborn, 209-577-5267, [email protected]
11. Consider approving the appointment of Cecil Russell as the Planning Commission Representative to the Citizens Housing and Community Development Committee for 2025, with a term expiration of December 31, 2025. (Funding Source: Not Applicable) Staff Recommendation:
Resolution appointing Cecil Russell to the Citizen’s Housing and Community Development Committee as a Planning Commission Representative for 2025, with a term expiration of December 31, 2025.
CED; Tristan Osborn, 209-577-5267, [email protected]
12. Consider approving the appointment of Jim Spelman as a Member-At-Large for a fouryear term from January 1, 2025, to December 31, 2028, on the City of Modesto Golf - 6 -
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Courses Advisory Committee. (Funding Source: Not Applicable) Staff Recommendation:
Resolution appointing Jim Spelman as a Member-At-Large for a four-year term from January 1, 2025, to December 31, 2028, on the City of Modesto Golf Courses Advisory Committee.
PRN; Jessica Franco, 209-577-5278, [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 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 Council member.
Consent
13. Consider approving the minutes for the December 10, 2024 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving the minutes for the December 10, 2024 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
14. Consider approving acceptance of applications for the future development of Comprehensive Planning Districts referred to as Kiernan Business Park, Kiernan/McHenry, Kiernan/Carver Corridor, College West, Hetch-Hetchy Comprehensive Planning District Regional Commercial, and Hetch-Hetchy Comprehensive Planning District Village Residential. (Funding Source: Not Applicable)
Staff Recommendation:
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Resolution approving acceptance of applications for the future development of Comprehensive Planning Districts referred to as Kiernan Business Park, Kiernan/McHenry, Kiernan/Carver Corridor, College West, Hetch-Hetchy Comprehensive Planning District Regional Commercial, and Hetch-Hetchy Comprehensive Planning District Village Residential.
CED; Sean Rando, 209-577-5473, [email protected]
Consent
15. Consider approving the amended Bylaws for the Citizen Housing and Community Development Committee and the Housing Rehabilitation Loan Committee. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution approving the amended Bylaws for the Citizen Housing and Community Development Committee.
Resolution approving the amended Bylaws for the Housing Rehabilitation Loan Committee.
CED; Edgar Garcia, 209-577-5211, [email protected] Consent
16. Consider accepting the Monthly Investment Report for October 2024. (Funding Source: Various Funds)
Staff Recommendation:
Motion accepting the Monthly Investment Report for October 2024.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
Consent
17. Consider approving an Agreement with the State of California, Office of Emergency Services to temporarily house and maintain a Type 6 Fire Engine and its associated equipment (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 6 Fire Engine and its associated equipment, and authorizing the City Manager, or his designee, to execute the Agreement.
FIRE DEPARTMENT; Kevin Wise, 209-572-9590, [email protected] Consent
18. Consider approving an Agreement with Employers Choice Screening (ECS), Santa Fe Springs, CA to conduct Pre-Employment Background Checks for an amount not to exceed $125,000 over five years. (Funding Source: Various Funds) Staff Recommendation:
Resolution approving an Agreement with Employers Choice Screening (ECS), Santa Fe Springs, CA to conduct Pre-Employment Background Checks for a three-year Agreement with two one-year extension options, for an estimated annual amount of $25,000 and total amount not to exceed $125,000 over five - 8 -
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years and authorizing the City Manager or his designee to execute this Agreement.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] Consent
19. Consider approving an Agreement with Alliant Insurance Services Inc., Irvine CA as broker of record for Employee Benefit Plans for an amount not to exceed $490,000 over five years. (Funding Source: Various Funds)
Staff Recommendation:
Resolution approving a Sole Source Agreement with Alliant Insurance Services, Inc., Irvine CA as the broker of record for Employee Benefit Plans for a three-year Agreement with two one-year extension options, for an annual estimated amount of $98,000, and a total amount not to exceed $490,000 over five years and authorizing the City Manager or his designee to execute this Agreement.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] Consent
20. Consider approving an Agreement with University of Massachusetts (UMass) Global for an Employee Leadership Development Program in a total amount not to exceed $295,000 over five years. (Funding Source: Various Sources) Staff Recommendation:
Resolution approving an Agreement with UMass Global for an Employee Leadership Developmental Program for a two-year Agreement with three oneyear extension options, for an annual estimated amount of $59,000 and a total amount not to exceed $295,000 over five years and authorizing the City Manager or his designee to execute this Agreement.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] Consent
21. Consider approving a Lease Agreement with William Brent Burnside, dba Burnside Management Team, Modesto, CA, for use of Fenced Parking Lot for a total amount not to exceed $188,016 over four years. (Funding Source: General Fund) Staff Recommendation:
Resolution approving the Lease Agreement with William Brent Burnside, dba Burnside Management Team, Modesto, CA, for use of Fenced Parking Lot for a four-year Agreement, for an annual estimated amount of $47,004, and a total amount not to exceed $188,016 over four years; and authorizing the City Manager, or his designee, to execute the Agreement.
POLICE DEPARTMENT; Jessica Smart, 209-572-9500, [email protected] Consent
22. Consider an Ordinance amending Municipal Code Section 3-2.1401.1 to determine and designate speed limit changes. (Funding Source: Police Department Fund 1600) Staff Recommendation:
Motion introducing and waiving the first reading of an Ordinance amending - 9 -
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Section 3-2.1401.1 of Article 14 of Chapter 2 of Title 3 of the Modesto Municipal Code relating to speed limits.
PUBLIC WORKS; Max Navarro, 209-571-5116, [email protected] Consent
23. Consider approving a Grant of Permanent Easement to Modesto Irrigation District associated with existing irrigation facilities within a 5-foot-wide uniform strip of APN 084-002-046, and consenting to the recordation thereof. (Funding Source: Water Fund) Staff Recommendation:
Resolution approving a Grant of Permanent Easement to Modesto Irrigation District to cover existing irrigation facilities within a 5-foot-wide uniform strip of APN 084-002-046 and consenting to the recordation thereof.
UTILITIES; Edgar Vargas, 209-577-5424, [email protected] Consent
24. Consider approving a Final Initial Study/Mitigated Negative Declaration for the Municipal Groundwater Improvement Project in accordance with the California Environmental Quality Act. (Funding Source: Water Fund) Staff Recommendation:
Resolution approving a Final Initial Study/Mitigated Negative Declaration for the Municipal Groundwater Improvement Project in accordance with the California Environmental Quality Act.
UTILITIES; Jim Alves, 209-571-5557, [email protected] Consent
25. Consider approving the Stanislaus and Tuolumne Rivers Groundwater Basin Association Groundwater Sustainability Agency 2025 Memorandum of Understanding for undertaking groundwater sustainability planning, reporting, studies, mutual aid and support services within the Modesto Sub-basin. (Funding Source: Water Fund) Staff Recommendation:
Resolution approving the 2025 Memorandum of Understanding with the Stanislaus and Tuolumne Rivers Groundwater Basin Association Groundwater Sustainability Agency for undertaking groundwater sustainability planning, reporting, studies, mutual aid and support services within the Modesto Subbasin and authorizing the City Manager, or his designee, to execute the Memorandum of Understanding.
Resolution approving an Amendment to the Fiscal Year 2024-25 Operating Budget in the amount of $150,000 from Water Fund Reserves to fund the City of Modesto’s share of the Stanislaus and Tuolumne Rivers Groundwater Basin Association Groundwater Sustainability Agency’s activities within the Modesto Sub-basin.
UTILITIES; Tim Barahona, 209-577-5485, [email protected]
COUNCIL COMMENTS & REPORTS
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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
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
at by
date time signature