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*Councilmember Ricci, via teleconference
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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, January 28, 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: Lance Lowell, Neighborhood Church
City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Proclamation declaring February as National Black History Month. (Funding Source:
Not Applicable)
CITY COUNCIL; Breanna Griffin, 209-577-5421, [email protected]
2. Proclamation declaring February as National Cancer Prevention Month. (Funding Source: Not Applicable)
CITY COUNCIL; Breanna Griffin, 209-577-5421, [email protected]
MISCELLANEOUS
Legislation, Appointments, Other
3. Consider accepting the resignation of Kyle Ford from the Housing Rehabilitation Loan Committee. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution accepting the resignation of Kyle Ford from the Housing Rehabilitation Loan Committee.
CED; Edgar Garcia, 209-571-5101, [email protected]
4. Consider approving the appointment of David Harris and Larry Sanders to the City of Modesto Citizens’ Housing and Community Development Committee with terms expiring December 31, 2028. (Funding Source: Not Applicable) Staff Recommendation:
Resolution approving the appointment of David Harris and Larry Sanders to the City of Modesto Citizens’ Housing and Community Development Committee with terms expiring December 31, 2028.
CED; Edgar Garcia, 209-577-5211, [email protected]
5. Consider approving the appointment of Margie Johnson as the Citizen’s Housing and Community Development Committee (CH&CDC) Representative to the Housing - 4 -
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Rehabilitation Loan Committee (HRLC), with a term expiration of December 31, 2025. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution approving the appointment of Margie Johnson to the Housing Rehabilitation Loan Committee as a Citizen’s Housing and Community Development (CH&CDC) Representative for 2025, with a term expiration of December 31, 2025.
CED; Edgar Garcia, 209-571-5101, [email protected]
6. Consider approving the appointment of Emmanuel Becerra and Jim Bishop as City of Modesto Representatives to the Tuolumne River Regional Park Citizens Advisory Committee (TRRP CAC) through December 31, 2028. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution approving the appointment of Emmanuel Becerra and Jim Bishop as City of Modesto Representatives to the Tuolumne River Regional Park Citizens Advisory Committee (TRRP CAC) through December 31, 2028.
ENGINEERING SERVICES; Nathan Houx, 209-571-5526, [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
7. Consider approving the minutes for the January 14, 2025 Council Meeting. (Funding Source: Not Applicable)
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Staff Recommendation:
Motion approving the minutes for the January 14, 2025 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
8. Consider approving Final Adoption of Ordinance 3789-C.S. Amending Section 3-
2.1401.1 of Article 14 of Chapter 2 of title 3 of the Modesto Municipal Code relating to Speed Limits. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving Final Adoption of Ordinance 3789-C.S. Amending Section 3-2.1401.1 of Article 14 of Chapter 2 of title 3 of the Modesto Municipal Code relating to Speed Limits.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
9. Consider approving the First Amendment for the Consultant Services Agreement with De Novo Planning Group for Specific Plan Services increasing the Agreement amount by $400,000. (Funding Source: Developer Fees)
Staff Recommendation:
Resolution approving the First Amendment increasing the Consultant Services Agreement amount with De Novo Planning Group for Specific Plan Services by $400,000 from $500,000 to a new total amount of $900,000; and authorizing the City Manager or his designee to execute the Amendment.
CED; Leslie Danhoff, 209-577-5211, [email protected] Consent
10. Consider approving the Second Amendment for the Consultant Services Agreement with De Novo Planning Group for Environmental Planning Services increasing the Agreement amount by $1,200,000. (Funding Source: Developer Fees) Staff Recommendation:
Resolution approving the Second Amendment increasing the Consultant Services Agreement amount with De Novo Planning Group for Environmental Planning Services by $1,200,000 from $900,000 to a new total amount of $2,100,000; and authorizing the City Manager or his designee to execute the Amendment.
CED; Leslie Danhoff, 209-577-5211, [email protected] Consent
11. Consider approving a First Amendment to the Agreement with Stanislaus County Affordable Housing Corporation, Modesto, California for Master Development Services for Bridge Housing Projects increasing the Agreement amount by $625,000 to a new total amount of $700,000. (Funding Source: Measure H Funds) Staff Recommendation:
Resolution approving a First Amendment to the Agreement with Stanislaus County Affordable Housing Corporation (StanCo), Modesto, CA for Master Development Services of Bridge Housing Projects increasing the Agreement - 6 -
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amount by $625,000 to a new total amount of $700,000 and authorizing the City Manager, or his designee, to execute the required amendment, and rescinding Resolution No. 2024-338.
CED; Edgar Garcia, 209-577-5211, [email protected] Consent
12. Consider approving a Resolution of Intention to form City of Modesto Community Facilities District (CFD) No. 2025-1 (Kiernan Business Park South #2) and replacing City of Modesto Community Facilities District No. 2012-1 (Kiernan Business Park South). (Funding Source: Developer Deposits)
Staff Recommendation:
Resolution of Intention of the City Council of the City of Modesto, California, to establish City of Modesto Community Facilities District No. 2025-1 (Kiernan Business Park South #2) replacing CFD No. 2012-1, and to authorize the levy of special taxes within said Community Facilities District.
CED; Edgar Garcia, 209-577-5211, [email protected] Consent
13. Consider accepting the Monthly Investment Report for November 2024. (Funding Source: Various Funds)
Staff Recommendation:
Motion accepting the Monthly Investment Report for November 2024.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
Consent
14. Consider accepting an Informational Report for the November 2024 Accounts Payable Payment Register and Void Report. (Funding Source: Not Applicable) Staff Recommendation:
Motion accepting an Informational Report for the November 2024 Accounts Payable Payment Register and Void Report.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
Consent
15. Consider approving the Third Amendment to the Agreement for the Operation of the King-Kennedy Memorial Center with the West Modesto Community Collaborative to amend the Agreement to a month-to-month basis until July 1, 2025. (Funding Source:
General Fund)
Staff Recommendation:
Resolution approving the Third Amendment to the Agreement for the Operation of the King-Kennedy Memorial Center with the West Modesto Community Collaborative to amend the Agreement to a month-to-month basis until July 1, 2025, and authorizing the City Manager, or his designee, to execute the Amendment.
PRN; John Skeel, 209-577-5216, [email protected]
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Consent
16. Consider approving the Plans and Specifications for the Bret Harte Neighborhood Strengthen & Replace Water Mains Phase 1B Project, accepting the Bid and Awarding a Construction Contract to Mid Cal Pipeline & Utilities, Inc., of Merced, CA in the amount of $1,731,369, authorizing 15% in contingency (if needed), for a total amount not to exceed $1,991,075, and approving an Agreement with Siegfried Engineering, of Modesto, CA, for Engineering Support During Construction in the amount of $29,800, plus $2,980 in additional services (if needed), for a total amount not to exceed $32,780. (Funding Source: Water Fund)
Staff Recommendation:
Resolution approving the Plans and Specifications for the Bret Harte Neighborhood Strengthen & Replace Water Mains Phase 1B Project, accepting the Bid and Awarding a Construction Contract to Mid Cal Pipeline & Utilities, of Merced, CA in the amount of $1,731,369, authorizing the Director of Engineering Services to approve Change Orders up to the cumulative amount of $259,706, 15% of the original contract price, for a total payment amount not to exceed $1,991,075 and authorizing the City Manager, or his designee, to execute the Contract.
Resolution approving an Engineering Support during Construction Agreement with Siegfried Engineering, of Modesto, CA, for the Bret Harte Neighborhood Strengthen & Replace Water Mains Phase 1B Project in the amount of $29,800, plus $2,980 in additional services, if needed, for a total amount not to exceed $32,780 and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution amending the Fiscal Year 2024-25 Capital Improvement Program Budget in the amount of $678,500 to be transferred into the Project from Water Fund Reserves to fund the Bret Harte Neighborhood Strengthen & Replace Water Mains Phase 1B Project and authorizing the City Manager, or his designee, to implement the provision of the Resolution.
UTILITIES; Edgar Vargas, 209-577-5424, [email protected] Consent
17. Consider approving an Amended and Restated Memorandum of Agreement with Stanislaus County for the West Modesto Sewer Infrastructure Project:
Spencer/Marshall Neighborhood – County Area 7. (Funding Source: Wastewater Fund) Staff Recommendation:
Resolution approving an Amended and Restated Memorandum of Agreement with Stanislaus County for the West Modesto Sewer Infrastructure Project:
Spencer/Marshall Neighborhood – County Area 7 and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution approving an Amendment to the Fiscal Year 2024-25 Multi-Year Program Budget in the amount of $2,693,506 from Wastewater Reserves to fund the Construction Phase of the Septic to Sewer Program – County Area 7 and authorizing the City Manager, or his designee, to implement the provisions of the Resolution.
UTILITIES; Miguel Alvarez, 209-577-5348, [email protected] - 8 -
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Consent
18. Consider approving an Amended and Restated Memorandum of Agreement with Stanislaus County for the West Modesto Sewer Infrastructure Project: Rouse/Colorado Neighborhood - County Area 9. (Funding Source: Wastewater Fund) Staff Recommendation:
Resolution approving an Amended and Restated Memorandum of Agreement with Stanislaus County for the West Modesto Sewer Infrastructure Project:
Rouse/Colorado Neighborhood – County Area 9 and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution approving an Amendment to the Fiscal Year 2024-25 Multi-Year Program Budget in the amount of $8,427,259 from Wastewater Reserves to fund the Construction Phase of the Septic to Sewer Program – County Area 9 and authorizing the City Manager, or his designee, to implement the provisions of the Resolution.
UTILITIES; Miguel Alvarez, 209-577-5348, [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
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
at by
date time signature