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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, February 25, 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: Jeff Pishney, Love Stanislaus County
City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Proclamation declaring March as National Women's History Month. (Funding Source:
Not Applicable)
CITY COUNCIL; Breanna Griffin, 209-577-5421, [email protected]
2. Presentation of Award from National Town Watch Association for the City of Modesto's participation in National Night Out 2024. (Funding Source: Not Applicable) POLICE DEPARTMENT; Charlene Aragon, 209-342-9175, [email protected]
MISCELLANEOUS
Legislation, Appointments, Other
3. Consider accepting the resignations of Austin Grant and Joel Campos from the City of Modesto’s Equity Commission. (Funding Source: Not Applicable) Staff Recommendation:
Resolution accepting the resignations of Austin Grant and Joel Campos from the City of Modesto’s Equity Commission.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [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 Council member.
Consent
4. Consider approving the minutes for the February 4, 2025 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving the minutes for the February 4, 2025 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
5. Consider directing staff to prepare and file the Fiscal Year 2025-26 Engineer’s Annual Report for City of Modesto Landscape Maintenance Assessment District No. 1 (Dry Creek Meadows Subdivisions Nos. 1-6). (Funding Source: Landscape Maintenance Assessment District No. 1)
Staff Recommendation:
Resolution directing staff to prepare and file the Fiscal Year 2025-26 Engineer’s Annual Report for City of Modesto Landscape Maintenance Assessment District No. 1 (Dry Creek Meadows Subdivisions Nos. 1-6).
CED; Edgar Garcia, 209-577-5211, [email protected] Consent
6. Consider directing staff to prepare and file the Fiscal Year 2025-26 Engineer’s Annual Report for City of Modesto Landscape Maintenance Assessment District No. 2 (Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision and Yosemite Meadows Subdivisions Units 1 and 2). (Funding Source: Landscape Maintenance Assessment District No. 2)
Staff Recommendation:
Resolution directing staff to prepare and file the Fiscal Year 2025-26 Engineer’s Annual Report for City of Modesto Landscape Maintenance Assessment District No. 2 (Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision and Yosemite Meadows Subdivisions Units 1 and 2).
CED; Edgar Garcia, 209-577-5211, [email protected] - 5 -
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Consent
7. Consider directing staff to prepare and file the Fiscal Year 2025-26 Engineer’s Annual Report for City of Modesto Shackelford Landscape and Lighting District (Funding Source: Shackelford Landscape and Lighting District)
Staff Recommendation:
Resolution directing staff to prepare and file the Fiscal Year 2025-26 Engineer’s Annual Report for City of Modesto Shackelford Landscape and Lighting District.
CED; Edgar Garcia, 209-577-5211, [email protected] Consent
8. Consider approving the submission of the City’s Local Transportation Funds Fiscal Year 2023-24 and 2024-25 Claim for Non-Motorized and Other Purposes (bike lanes and pedestrian pathways) in the amount of $487,911, to the Stanislaus Council of Governments (StanCOG). (Funding Source: Local Transportation Funds) Staff Recommendation:
Resolution approving the submission of the City’s Local Transportation Funds Fiscal Year 2023-24 and 2024-25 Claim for Non-motorized and Other Purposes (bike lanes and pedestrian pathways) in the amount of $487,911 to the Stanislaus Council of Governments (STANCOG) and authorizing the City Manager, or his designee, to take the necessary steps to implement the provisions of this Resolution.
Resolution amending the Fiscal Year 2024-2025 Capital Improvement Program Budget to fund project #100813 (Virginia Corridor Phase VII) in an amount not to exceed $645,521 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.
ENGINEERING SERVICES; Nathan Houx, 209-571-5526, [email protected] Consent
9. Consider accepting the Empire Yosemite Boulevard Water Main Crossings Strengthen & Replace Project as complete, releasing securities, releasing payments totaling $1,125,289 to DDS Company, doing business as (DBA) Knife River Construction, of Stockton, CA, and authorizing the City Clerk to file a Notice of Completion. (Funding Source: Water Fund)
Staff Recommendation:
Resolution accepting the Empire Yosemite Boulevard Water Main Crossings Strengthen & Replace Project as complete, releasing securities, releasing payments totaling $1,125,289 to DDS Company, doing business as (DBA) Knife River Construction, of Stockton, CA, and authorizing the City Clerk to file a Notice of Completion.
ENGINEERING SERVICES; Peter Kambel, 209-577-5444, [email protected] Consent
10. Consider accepting the Park Turf Reduction Phase I Project as complete, releasing securities, releasing payments totaling $345,092 to Marina Landscape, Inc., of Orange, - 6 -
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CA, and authorizing the City Clerk to file a Notice of Completion. (Funding Source:
American Rescue Plan Act (ARPA), Urban Community Drought Relief Grant Program)
Staff Recommendation:
Resolution accepting the Park Turf Reduction Phase I Project as complete, releasing securities, releasing payments totaling $345,092 to Marina Landscape, Inc., of Orange, CA., and authorizing the City Clerk to file a Notice of Completion.
ENGINEERING SERVICES; Pete Kambel, 209-577-5444, [email protected] Consent
11. Consider accepting the Sutter Trunk Rehabilitation Phase 2 Project as complete, releasing securities, releasing payments totaling $5,335,597 to A. Teichert & Son, Inc., doing business as (DBA) Teichert Construction, of Roseville, CA, and authorizing the City Clerk to file a Notice of Completion. (Funding Source: Wastewater Fund) Staff Recommendation:
Resolution accepting the Sutter Trunk Rehabilitation Phase 2 Project as complete, releasing securities, releasing payments totaling $5,335,597 to A.
Teichert & Son, Inc., DBA Teichert Construction, of Roseville, CA, and authorizing the City Clerk to file a Notice of Completion.
ENGINEERING SERVICES; Pete Kambel, 209-577-5444, [email protected] Consent
12. Consider accepting the Monthly Investment Report for December 2024. (Funding Source: Various Funds)
Staff Recommendation:
Motion accepting the Monthly Investment Report for December 2024.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
Consent
13. Consider accepting an Informational Report on the November and December 2024 Grant Applications and Awards. (Funding Source: Not Applicable) Staff Recommendation:
Motion accepting an Informational Report for November and December 2024, Grant Applications and Awards.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
Consent
14. Consider approving the Audited Financial Statements and various Audit Reports for Fiscal Year 2023-2024, audited by external auditor Vasquez & Company, LLP. for the City’s Annual Comprehensive Financial Report (ACFR), thirteen Community Facilities Districts (CFDs), Measure H, Single Audit, and various Joint Powers Agencies. (Funding Source: Not Applicable)
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Staff Recommendation:
Resolution approving the Audited Financial Statements and various Audit Reports for Fiscal Year 2023-2024 audited by external auditors Vasquez & Company, LLP. for the City’s Annual Comprehensive Financial Report (ACFR), thirteen Community Facilities Districts (CFDs), Measure H and various Joint Powers Agencies (JPAs).
Resolution approving the audited Fiscal Year 2023-2024 Federal Single Audit report for the City of Modesto from external auditors Vasquez & Company, LLP.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
Consent
15. Consider approving the Purchasing Agreements for the purchase of Transit Motor Parts with Gillig (LLC) Limited Liability Company, Hayward, CA, and Fleet Motor Parts and Services with Municipal Maintenance Equipment (MME), Sacramento, CA for a total amount not to exceed $3,575,000. (Funding Source: Fleet Fund and Stanislaus Regional Transit Authority)
Staff Recommendation:
Resolution approving the Purchasing Agreement for the purchase of Transit Motor Parts with Gillig LLC, Hayward, CA, for a two-year Agreement with three one-year extension options, for an annual estimated amount of $385,000 and a total amount not to exceed $1,925,000 over five years; and authorizing the City Manager or his designee to execute the Agreement. Resolution approving the Purchasing Agreements for the purchase of parts and repair services with Municipal Maintenance Equipment, Sacramento, CA for a two-year Agreement with three one-year extension options, for an annual combined estimated amount of $330,000 and a total amount not to exceed $1,650,000 over five years; and authorizing the City Manager or his designee to execute the Agreements.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] Consent
16. Consider approving the First Amendment with Neil Sullivan LLC, Concord, California for Executive Team and Management Engagement Services increasing the Agreement amount to $50,000. (Funding Source: Various Funds)
Staff Recommendation:
Resolution approving the First Amendment with Neil Sullivan LLC, Concord, California for Executive Team and Management Engagement Services increasing the Agreement amount by $50,000 to a new total amount of $200,000 through the term of the Agreement; and authorizing the City Manager or his designee to execute the Amendment.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] - 8 -
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Consent
17. Consider approving the Agreements with Bolt Staffing Service, Inc., Stockton, CA and Tryfacta, Inc., Stockton, CA for the furnishing of Temporary Staffing Services, for a total amount not to exceed $2,596,340 over five years. (Funding Source: Various Funds)
Staff Recommendation:
Resolution approving the Agreements for the furnishing of Temporary Staffing Services with Bolt Staffing Service, Inc., Stockton, CA, for a two-year agreement with three one-year extension options, for an annual combined estimated amount of $519,268 and a total combined amount not to exceed $2,596,341 over five years and authorizing the City Manager or his designee to execute the Agreements.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] Consent
18. Consider approving establishing the creation of a new fund to track the Opioids Settlement Proceeds and Opioids Spending Plan as defined by the State of California Department of Health Care Services (DHCS). (Funding Source: Settlement Proceeds) Staff Recommendation:
Resolution approving the creation of a new Fund, 1890 – Opioid Settlements Fund, to track the Opioids Settlement Proceeds and Opioids Spending Plan as defined by the State of California Department of Health Care Services (DHCS). Resolution approving an amendment to the Fiscal Year 2024-2025 Multi-Year Operating Budget to fund Project 101646 – Opioid Settlement Funds in the amount of $1,728,302 to increase expenditures and recognize revenue for the Opioids Spending Plan based upon the settlement amounts.
POLICE DEPARTMENT; Chris Adams, 209-572-9500, [email protected] Consent
19. Consider approving the First Amendment with Audeamus DBA Sebastian, Fresno, CA, for the Building Intrusion Alarm Services, increasing the Agreement for a total amount not to exceed $206,694 over five years. (Funding Source: Building Maintenance Fund) Staff Recommendation:
Resolution approving the First Amendment with Audeamus DBA Sebastian, for the Building Intrusion Alarm Services, increasing the Agreement amount by $122,696 for a new total amount not to exceed $206,694; and authorizing the City Manager, or his designee to execute the Amendment.
PUBLIC WORKS; Gabe daSilva, 209-342-2281, [email protected] Consent
20. Consider approving an Agreement with Carollo Engineers, Inc., Sacramento, CA for Standard Operating Procedures Development and Gap Analysis Services for a total amount not to exceed $801,220. (Funding Source: Sewer Operations Fund) Staff Recommendation:
Resolution approving an Agreement with Carollo Engineers, Inc., Sacramento, CA, for Standard Operating Procedures Development and Gap Analysis - 9 -
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Services in the amount of $728,382, plus $72,838 in additional services, if needed, for a total amount not to exceed $801,220; and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution amending the Fiscal Year 2023-2024 Non-Capital Improvements Program budget to increase Project Number 101474 - SOP Development by $401,220, from $400,000, for a revised total amount not to exceed $801,220, in transfers, revenue, and discretionary expenditures, and authorizing the City Manager, or his designee, to implement the provisions of this Resolution.
UTILITIES; Jeff Daniels, 209-577-6255, [email protected]
COUNCIL COMMENTS & REPORTS
CITY MANAGER COMMENTS & REPORTS
HEARINGS
Published in the Modesto Bee on February 14, 2025. - Item requested to be continued to March 11, 2025 Council meeting.
21. Hearing to consider approving an application for a Conditional Use Permit and Operating Agreement by Outfront Media to allow a digital freeway billboard located on the east side of State Highway 99 and south of Evergreen Avenue, located at 2024 W. Orangeburg Avenue. (Funding Source: Application Fee) Staff Recommendation:
Motion to continue item to March 11, 2025.
CED; Edwin Borquez, 209-577-5516, [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