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MODESTO CITY COUNCIL
www.modestogov.com
MINUTES
City of Modesto
CITY COUNCIL MEETING
Chambers, Basement Level
Tenth Street Place, 1010 10th Street
Modesto, California
Tuesday, January 25, 2022 at 5:30 PM
Roll Call – Present: Councilmembers Escutia-Braaton, Kenoyer, Madrigal (arrived 5:41 p.m.), Ricci, Wright, Zoslocki, Mayor Zwahlen
Pledge of Allegiance to the Flag
Invocation: Jon Apodaca, Good Life
City Clerk’s Announcements:
Public Comments were received at ccmeetings for Item 16, and were forwarded to all Councilmembers. Items 9, 10, 13 and 14 were pulled from Consent by a member of the public.
Declaration of Conflicts of Interest: None
Reports from Closed Session: No reportable action
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Presentation by Stanislaus Council of Governments regarding 2022 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS). (Funding Source:
Not Applicable)
CITY MANAGER; Joseph Lopez, 209-577-5223, [email protected] - 2 -
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ACTION: Isael Ojeda Senior Planner at StanCOG gave presentation regarding the 2022 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS).
PUBLIC COMMENT PERIOD
Emerson Drake spoke regarding transparency and accountability regarding a public records request done by Kevin Valine regarding an accident in 2015. He also spoke regarding the Mayor serving on the School Board when a settlement was made, and serving as a Councilmember on the same settlement. He also requested to pull items 9, 10, 13, & 14 from Consent.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS 2-8, 11-12: (Escutia-Braaton/Kenoyer; 7/0) Items 9, 10, 13, and 14 were removed from Consent
CONSENT ITEMS
Consent
2. Consider approving the minutes from the January 11, 2022 Council Meeting. (Funding Source: Not Applicable)
Motion approving the minutes from the January 11, 2022 Council Meeting.
CITY CLERK; Dana Sanchez, 209-577-5396, [email protected] ACTION: (Escutia-Braaton/Kenoyer; 7/0) Motion approving the minutes from the January 11, 2022 Council Meeting.
Consent
3. Consider authorizing staff to submit a California Department of Transportation Clean California Local Grant Program application intended to develop a city-owned vacant lot at 1850 Rouse Avenue (APN: 037053040) to a walking path with amenities for the neighborhood, and a grant application for financial support to launch a Multi-Family Bulky Item Pick-Up Program. (Funding Source: Not Applicable) Resolution authorizing staff to submit a California Department of Transportation Clean California Local Grant intended to develop a city-owned vacant lot at 1850 Rouse Avenue (APN: 037053040) to a walking path with amenities for the neighborhood, and a grant application for financial support to launch a multi-family bulky item pick-up program and authorizing the City Manager, or his designee, to execute such documents as necessary to carry out the purpose of this Resolution.
CITY MANAGER; Edgar Garcia, 209-571-5101, [email protected] ACTION: (Escutia-Braaton/Kenoyer; 7/0) Resolution 2022-035 authorizing staff to submit a California Department of Transportation Clean California Local Grant intended to develop a city-owned vacant lot at 1850 Rouse Avenue (APN: 037053040) to a walking path with amenities for the neighborhood, and a grant application for financial support to launch a multifamily bulky item pick-up program and authorizing the City Manager, or his designee, to - 3 -
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execute such documents as necessary to carry out the purpose of this Resolution.
Consent
4. Consider authorizing the City Manager, or his designee, to solicit applications from the community for the Citizen’s Salary Setting Commission in compliance with the City Charter. (Funding Source: Not Applicable)
Motion authorizing the City Manager, or his designee, to solicit applications from the community for the Citizen’s Salary Setting Commission in compliance with the City Charter.
CITY MANAGER; Edgar Garcia, 209-571-5101, [email protected] ACTION: (Escutia-Braaton/Kenoyer; 7/0) Motion authorizing the City Manager, or his designee, to solicit applications from the community for the Citizen’s Salary Setting Commission in compliance with the City Charter.
Consent
5. Consider approving a Settlement Agreement with John K. Peltier, Administrator of the Estate of Ida A. McClure and rescinding Resolution No. 2015-477, removing the surplus designation from the McClure Property. (Funding Source: Not Applicable) Resolution approving a Settlement Agreement with John K. Peltier, Administrator of the Estate of Ida A. McClure and rescinding Resolution No. 2015-477, removing the surplus designation from the McClure Property and authorizing the City Manager or his designee, to execute the Agreement.
CITY MANAGER; Scotty Douglass, 209-577-9149, [email protected] ACTION: (Escutia-Braaton/Kenoyer; 7/0) Resolution 2022-036 approving a Settlement Agreement with John K. Peltier, Administrator of the Estate of Ida A. McClure and rescinding Resolution No. 2015-477, removing the surplus designation from the McClure Property and authorizing the City Manager or his designee, to execute the Agreement.
Consent
6. Consider accepting an informational report on the September and October 2021 grant applications and awards. (Funding Source: Not Applicable) Motion accepting an informational report for the September and October 2021 grant applications and awards.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Escutia-Braaton/Kenoyer; 7/0) Motion accepting an informational report for the September and October 2021 grant applications and awards.
Consent
7. Consider approving an increase to the purchase order amount with Dell Technologies, of Round Rock, TX by $ 291,534 from $1,950,000 to new total amount not to exceed $2,241,534 and a first amendment and increasing the Agreement amount with Stommel Inc. DBA Lehr Auto Electric, Sacramento, CA by $125,295 from $320,000 to - 4 -
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$445,295 for the first two years and new total amount not to exceed $925,295,for the purchase and installation of mobile data computers for the Modesto Police Department, and allow the Director of Finance to add parts and services to the Lehr Auto Electric Agreement as business needs change. (Funding Source: General Fund) Resolution approving an increase to the purchase order amount with Dell Technologies, of Round Rock, TX by $ 291,534 from $1,950,000 to new total amount not to exceed $2,241,534; and authorizing the Purchasing Manager, or her designee, to execute the purchase order.
Resolution approving a first amendment and increasing the Agreement amount with Stommel Inc. DBA Lehr Auto Electric, Sacramento, CA by $125,295 from $320,000 to $445,295 for the first two years and new total amount not to exceed $925,295, for the purchase and installation of mobile data computers for the Modesto Police Department, and allow the Director of Finance to add parts and services to the Lehr Auto Electric agreement as business needs change; and authorizing the Director of Finance, or her designee, to execute the amendment.
FINANCE DEPARTMENT; Cynthia Kline, 209-577-5412, [email protected] ACTION: (Escutia-Braaton/Kenoyer; 7/0) Resolution 2022-037 approving an increase to the purchase order amount with Dell Technologies, of Round Rock, TX by $ 291,534 from $1,950,000 to new total amount not to exceed $2,241,534; and authorizing the Purchasing Manager, or her designee, to execute the purchase order.
ACTION: (Escutia-Braaton/Kenoyer; 7/0) Resolution 2022-038 approving a first amendment and increasing the Agreement amount with Stommel Inc. DBA Lehr Auto Electric, Sacramento, CA by $125,295 from $320,000 to $445,295 for the first two years and new total amount not to exceed $925,295, for the purchase and installation of mobile data computers for the Modesto Police Department, and allow the Director of Finance to add parts and services to the Lehr Auto Electric agreement as business needs change; and authorizing the Director of Finance, or her designee, to execute the amendment.
Consent
8. Consider approving the award of bid for a Three Axle Roll-off Bin Hauler Truck to Interstate Truck Center, LLC, Stockton, CA for a total amount not to exceed $164,941; and approving the competitive bidding process from Sourcewell (formerly National Joint Powers Alliance) with Caterpillar Inc. authorized dealer Holt of CA, Stockton, CA for Two Loader Claws for a total amount not to exceed $242,870; and approving the award of bid for Twelve Half-ton Trucks to Penske Chevrolet, Cerritos, CA for a total amount not to exceed $425,159. (Funding Source: Fleet Replacement Fund) Resolution approving the award of bid for a Three Axle Roll-off Bin Hauler Truck to Interstate Truck Center, LLC, Stockton, CA for a total amount not to exceed $164,941; and authorizing the Purchasing Manager, or her designee, to issue the purchase order.
Resolution approving the competitive bidding process from Sourcewell (formerly National Joint Powers Alliance) with Caterpillar Inc. authorized dealer Holt of CA, Stockton, CA for two Loader Claws for a total amount not to exceed $242,870; and authorizing the Purchasing Manager, or her designee, to - 5 -
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issue the purchase order.
Resolution approving the award of bid for the Twelve Half-ton Trucks to Penske Chevrolet, Cerritos, CA to for a total amount not to exceed $425,159 and authorizing the Purchasing Manager, or her designee, to issue the purchase order.
FINANCE DEPARTMENT; Cynthia Kline, 209-577-5412, [email protected] ACTION: (Escutia-Braaton/Kenoyer; 7/0) Resolution 2022-039 approving the award of bid for a Three Axle Roll-off Bin Hauler Truck to Interstate Truck Center, LLC, Stockton, CA for a total amount not to exceed $164,941; and authorizing the Purchasing Manager, or her designee, to issue the purchase order.
ACTION: (Escutia-Braaton/Kenoyer; 7/0) Resolution 2022-040 approving the competitive bidding process from Sourcewell (formerly National Joint Powers Alliance) with Caterpillar Inc. authorized dealer Holt of CA, Stockton, CA for two Loader Claws for a total amount not to exceed $242,870; and authorizing the Purchasing Manager, or her designee, to issue the purchase order.
ACTION: (Escutia-Braaton/Kenoyer; 7/0) Resolution 2022-041 approving the award of bid for the Twelve Half-ton Trucks to Penske Chevrolet, Cerritos, CA to for a total amount not to exceed $425,159 and authorizing the Purchasing Manager, or her designee, to issue the purchase order.
Removed from Consent
9. Consider approving an Agreement to provide Fire Administrative Services between the City of Modesto and the Stanislaus Consolidated Fire Protection District for a fiveyear, five-month term, with one two-year extension option, amending the Position Allocation for Fiscal Year 2021-2022 as adopted in the operating budget, and amending the Fiscal Year 2021-22 Operating Budget by $148,364 in revenues and $127,530 in expenses. (Funding Source: General Fund)
Resolution approving an Agreement to provide Fire Administrative Services between the City of Modesto and the Stanislaus Consolidated Fire Protection District for a five-year, five-month term, with one two-year extension option, and authorizing the City Manager, or his designee, to execute the Agreement. Resolution amending the Position Allocation for Fiscal Year 2021-2022 as adopted in the operating budget.
Resolution amending the Fiscal Year 2021-22 Operating Budget by $148,364 in revenues and $127,530 in expenses and authorizing the City Manager, or his designee, to implement the provisions the resolution.
FIRE DEPARTMENT; Alan Ernst, 209-572-9590, [email protected] ACTION: (Kenoyer/Wright; 7/0) Resolution 2022-042 approving an Agreement to provide Fire Administrative Services between the City of Modesto and the Stanislaus Consolidated Fire Protection District for a five-year, five-month term, with one two-year extension option, and authorizing the City Manager, or his designee, to execute the Agreement. - 6 -
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ACTION: (Kenoyer/Wright; 7/0) Resolution 2022-043 amending the Position Allocation for Fiscal Year 2021-2022 as adopted in the operating budget.
ACTION: (Kenoyer/Wright; 7/0) Resolution 2022-044 amending the Fiscal Year 2021-22 Operating Budget by $148,364 in revenues and $127,530 in expenses and authorizing the City Manager, or his designee, to implement the provisions the resolution.
Removed from Consent
10. Consider approving an Agreement to provide fire protection services between the City of Modesto, the City of Oakdale and the Oakdale Fire Protection District for a fiveyear term, with one two-year extension option. (Funding Source: General Fund) Resolution approving an Agreement to provide fire protection services between the City of Modesto, the City of Oakdale and the Oakdale Fire Protection District for a five-year term, with one two-year extension option, and authorizing the City Manager, or his designee, to execute the Agreement.
FIRE DEPARTMENT; Alan Ernst, 209-572-9590, [email protected] ACTION: (Wright/Kenoyer; 7/0) Resolution 2022-045 approving an Agreement to provide fire protection services between the City of Modesto, the City of Oakdale and the Oakdale Fire Protection District for a five-year term, with one two-year extension option, and authorizing the City Manager, or his designee, to execute the Agreement.
Consent
11. Consider approving an Agreement with Arrow Construction, of Manteca, CA, for Subsurface Exploration (Potholing) Services for the La Loma Sewer Project in the amount of $143,000 for the identified scope of services, plus $14,300 in additional services, if needed, for a total not to exceed amount of $157,300. (Funding Source:
Wastewater Fund)
Resolution approving an Agreement with Arrow Construction, of Manteca, CA, for Subsurface Exploration (Potholing) Services for the La Loma Sewer Project in the amount of $143,000 for the identified scope of services, plus $14,300 in additional services, if needed, for a total amount not to exceed $157,300 and authorizing the City Manager, or his designee, to execute the Agreement.
UTILITIES; Cristian Ciotau, 209-577-5260, [email protected] ACTION: (Escutia-Braaton/Kenoyer; 7/0) Resolution 2022-046 approving an Agreement with Arrow Construction, of Manteca, CA, for Subsurface Exploration (Potholing) Services for the La Loma Sewer Project in the amount of $143,000 for the identified scope of services, plus $14,300 in additional services, if needed, for a total amount not to exceed $157,300 and authorizing the City Manager, or his designee, to execute the Agreement.
Consent
12. Consider approving an Agreement with West Yost Associates, Sacramento, CA, for Engineering Services for the development of a Well Equipping Design Template in the amount of $70,300 for the identified scope of services, plus $7,030 in additional services, if needed for a total not to exceed amount of $77,330 and amending the Fiscal - 7 -
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Year 2021/22 Multi-Year Program Budget. (Funding Source: Water Fund) Resolution approving an Agreement with West Yost Associates, of Sacramento, CA, for Engineering Services for the development of a Well Equipping Design Template in the amount of $70,300 for the identified scope of services, plus $7,030 in additional services, if needed, for a total amount not to exceed $77,330 and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution amending the Fiscal Year 2021/22 Multi-Year Program Budget in the amount of $87,875 to be transferred into the project from Water Reserves to fund the development of a Well Equipping Design Template and authorizing the City Manager, or his designee, to implement the provisions of the resolution.
UTILITIES; Robert Davalos, 209-571-5869, [email protected] ACTION: (Escutia-Braaton/Kenoyer; 7/0) Resolution 2022-047 approving an Agreement with West Yost Associates, of Sacramento, CA, for Engineering Services for the development of a Well Equipping Design Template in the amount of $70,300 for the identified scope of services, plus $7,030 in additional services, if needed, for a total amount not to exceed $77,330 and authorizing the City Manager, or his designee, to execute the Agreement.
ACTION: (Escutia-Braaton/Kenoyer; 7/0) Resolution 2022-048 amending the Fiscal Year 2021/22 Multi-Year Program Budget in the amount of $87,875 to be transferred into the project from Water Reserves to fund the development of a Well Equipping Design Template and authorizing the City Manager, or his designee, to implement the provisions of the resolution.
Removed from Consent
13. Consider approving an On-Call Construction Services Agreement with Ewing Construction Services, of Davis, CA, for a term of one-year with two one-year extensions options, not to exceed $100,000 per year for a total not to exceed amount of $300,000 over three years. (Funding Source: Various Capital Improvement Projects) Resolution approving an On-Call Agreement for Construction Services with Ewing Construction Services, Davis, CA, for one year with two one-year extension options, for an annual cost not to exceed $100,000, and a total cost not to exceed $300,000 over three years, and authorizing the City Manager, or his designee, to execute the Agreement.
UTILITIES; Jesse Franco, 209-571-5175, [email protected] ACTION: (Wright/Kenoyer; 7/0) Resolution 2022-049 approving an On-Call Agreement for Construction Services with Ewing Construction Services, Davis, CA, for one year with two one-year extension options, for an annual cost not to exceed $100,000, and a total cost not to exceed $300,000 over three years, and authorizing the City Manager, or his designee, to execute the Agreement.
Removed from Consent
14. Consider approving an On-Call Real Property Consulting Services Agreement with - 8 -
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Associated Right of Way Services, of Pleasant Hill, CA, for a term of one-year with two one-year extension options, not to exceed $100,000 per year for a total not to exceed amount of $300,000 over three years. (Funding Source: Various Capital Improvement Projects)
Resolution approving an On-Call Real Property Consulting Services Agreement with Associated Right of Way Services, of Pleasant Hill, CA, for a term of one year with two one-year extension options, for an annual cost not to exceed $100,000, and a total cost not to exceed $300,000 over three years, and authorizing the City Manager, or his designee, to execute the Agreement.
UTILITIES; Jesse Franco, 209-571-5175, [email protected] ACTION: (Wright/Kenoyer; 7/0) Resolution 2022-050 approving an On-Call Real Property Consulting Services Agreement with Associated Right of Way Services, of Pleasant Hill, CA, for a term of one year with two one-year extension options, for an annual cost not to exceed $100,000, and a total cost not to exceed $300,000 over three years, and authorizing the City Manager, or his designee, to execute the Agreement.
COUNCIL COMMENTS & REPORTS
Councilmember Ricci spoke regarding things we can do as a community and expressed his desire for an outdoor roller rink.
Mayor Zwahlen spoke regarding Fire Services being extended and immediate response times to help the community.
CITY MANAGER COMMENTS & REPORTS
None
NEW BUSINESS
15. Consider approving the adoption of a Diversity, Equity, & Inclusion Program and supporting plans including the Equal Employment Opportunity Plan (EEOP), Language Access Plan, Americans with Disabilities (ADA) Plan and amending the Equal Opportunity/Disability Commission and Article II Duties to the Equity Commission. (Funding Source: Various Funds)
Resolution adopting a Diversity, Equity, and Inclusion Program. Resolution adopting the City of Modesto Equal Employment Opportunity Plan for Fiscal Years 2021-22 through 2026-27.
Resolution adopting the City of Modesto Language Access Plan. Resolution approving an amendment to the Equal Opportunity/Disability Commission to retitle to the Equity Commission and amending Article II Duties.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] ACTION: (Madrigal/Escutia-Braaton; 7/0) Resolution 2022-051 adopting a Diversity, - 9 -
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Equity, and Inclusion Program.
ACTION: (Madrigal/Escutia-Braaton; 7/0) Resolution 2022-052 adopting the City of Modesto Equal Employment Opportunity Plan for Fiscal Years 2021-22 through 2026-27.
ACTION: (Madrigal/Escutia-Braaton; 7/0) Resolution 2022-053 adopting the City of Modesto Language Access Plan.
ACTION: (Madrigal/Escutia-Braaton; 7/0) Resolution 2022-054 approving an amendment to the Equal Opportunity/Disability Commission to retitle to the Equity Commission and amending Article II Duties.
Councilmember Kenoyer left meeting approximately 7:30 p.m.
16. Consider approving an eighteen month Park Ranger Pilot Program to allocate and hire four full time Police Cadet II’s to serve as Park Rangers to patrol and conduct outreach in city parks, trails and open spaces, for a total amount not to exceed $623,708, amending the Position Allocation for Fiscal Year 2021-22 as adopted in the Operating Budget, and introducing an Ordinance amending Section 1-2.10 of the Modesto Municipal Code relating to issuance of citations by designated employees, to include Park Rangers and Police Cadet II’s. (Funding Source: American Rescue Plan Act) Resolution approving an eighteen month Park Ranger pilot program to hire four full time Police Cadet II’s to serve as Park Rangers to patrol and conduct outreach in city parks, trails and open spaces, for a total amount not to exceed $623,708.
Resolution amending the Position Allocation for Fiscal Year 2021-22 as adopted in the Operating Budget.
Motion introducing and waiving the first reading of an Ordinance amending Section 1-2.10 of Title 1, “General Provisions,” Chapter 2, “Penalty Provisions,” of the Modesto Municipal Code, relating to issuance of citations by designated employees, to include Park Rangers and Police Cadet II’s.
POLICE DEPARTMENT; Brandon Gillespie, 209-572-9500,
[email protected]
ACTION: (Ricci/Zoslocki; 6/0; Kenoyer Absent) Resolution 2022-055 approving an eighteen month Park Ranger pilot program to hire four full time Police Cadet II’s to serve as Park Rangers to patrol and conduct outreach in city parks, trails and open spaces, for a total amount not to exceed $623,708.
ACTION: (Ricci/Zoslocki; 6/0; Kenoyer Absent) Resolution 2022-056 amending the Position Allocation for Fiscal Year 2021-22 as adopted in the Operating Budget.
ACTION: (Ricci/Wright; 6/0; Kenoyer Absent) Motion introducing and waiving the first reading of an Ordinance amending Section 1-2.10 of Title 1, “General Provisions,” Chapter 2, “Penalty Provisions,” of the Modesto Municipal Code, relating to issuance of citations by - 10 -
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designated employees, to include Park Rangers and Police Cadet II’s.
MATTERS TOO LATE FOR THE AGENDA
None
ADJOURNMENT
This meeting adjourned at 7:35 P.M.
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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, JANUARY 25, 2022, at 4:15 P.M.
and after the regularly scheduled meeting via Zoom.
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(d)(1) of the Government Code) Name of Case: Stephanie Lopez v. City of Modesto, et al.
Superior Court of California, County of Stanislaus
Stanislaus County Case No.: CV-21-00925
Peltier v. City of Modesto
Superior Court of California, County of Stanislaus
Stanislaus County Case No. 2022652
CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCEA Negotiator: Christina Alger
Employee Organization: Modesto City Employees Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCMA Negotiator: Christina Alger
Employee Organization: Modesto Confidential & Management Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MPOA Negotiator: Christina Alger
Employee Organization: Modesto Police Officers’ Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MPNSA Negotiator: Christina Alger
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Employee Organization: Modesto Police Non-Sworn Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) –MPMA Negotiator: Christina Alger
Employee Organization: Modesto Police Management Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCFFA Negotiator: Christina Alger
Employee Organization: Modesto City Firefighters Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – Unrepresented Negotiator: Christina Alger
Employee Organization: Unrepresented Management and Confidential Employees Attest:____________________________
Dana Sanchez, Interim City Clerk