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MODESTO CITY COUNCIL
www.modestogov.com
MINUTES
City of Modesto
CITY COUNCIL MEETING
Held Via Teleconference
Modesto, California
Tuesday, February 01, 2022 at 5:30 PM
Roll Call – Present: Councilmembers Escutia-Braaton, Kenoyer, Madrigal, Ricci, Wright, Zoslocki, Mayor Zwahlen
Pledge of Allegiance to the Flag
Invocation: Councilmember Wright gave the invocation in lieu of Ahmad Kayello, Islamic Center of Modesto
City Clerk’s Announcements: None
Declaration of Conflicts of Interest: None
Reports from Closed Session: No reportable action.
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. County/Covid-19 Update (Funding Source: Not Applicable) CITY MANAGER; Joseph Lopez, 209-577-5223, [email protected] ACTION: No update was given.
2. Modesto Convention and Visitor’s Bureau Presentation (Funding Source: Not Applicable)
PRN; Laurie Smith, 209-577-5347, [email protected]
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Laurie Smith and Todd Aaronsen gave Modesto Convention and Visitor's Bureau Presentation.
PUBLIC COMMENT PERIOD
Richard Anderson spoke regarding a refugee Assyrian family that he is helping, and the need for affordable housing.
Melissa Cruz spoke regarding the Park Ranger program if it would also be available for small businesses and community churches. She also spoke regarding the homeless and vandalism of local businesses and the need for solutions. Ramon Rodriguez spoke regarding affordable housing at the Municipal Golf Course, and the need for shelter for the homeless.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS 3-15 (Kenoyer/Wright; 7/0)
CONSENT ITEMS
Consent
3. Consider approving the minutes from the January 25, 2022 Council Meeting. (Funding Source: Not Applicable)
Motion approving the minutes from the January 25, 2022 Council Meeting.
CITY CLERK; Dana Sanchez, 209-577-5396, [email protected] ACTION: (Kenoyer/Wright; 7/0) Motion approving the minutes from the January 25, 2022 Council Meeting.
Consent
4. Consider final adoption of Ordinance 3741-C.S. 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. (Funding Source: Not Applicable) Motion approving final adoption of Ordinance 3741-C.S. 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.
CITY CLERK; Dana Sanchez, 209-577-5396, [email protected] ACTION: (Kenoyer/Wright; 7/0) Motion approving final adoption of Ordinance 3741-C.S. 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.
Consent
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5. Consider amending Section 23 of the Housing and Urban Development Policies and Procedures Manual (Section 3 Compliance). (Funding Source: Not Applicable) Resolution approving amended Section 23 of the HUD Policies and Procedures Manual (Section 3 Compliance).
CED; Jessica Hill, 209-577-5321, [email protected]
ACTION: (Kenoyer/Wright; 7/0) Resolution 2022-057 approving amended Section 23 of the HUD Policies and Procedures Manual (Section 3 Compliance).
Consent
6. Consider approving an Emergency Solutions Grant CARES Act (ESG-CV2) to Center for Human Services for the operation of the Navigation Center – Low Barrier Youth Shelter located at 2008 W. Briggsmore Ave., Modesto, CA 95350 in an amount not to exceed $50,304 to prevent, mitigate, and respond to the spread of COVID-19 as well as $5,000 for activity delivery. (Funding Source: Emergency Solutions Grant CV2) Resolution approving an Emergency Solutions Grant CARES Act (ESG-CV2) to Center for Human Services for the operation of the Navigation Center – Low Barrier Youth Shelter located at 2008 W. Briggsmore Ave., Modesto, CA 95350 in an amount not to exceed $50,304 to prevent, mitigate, and respond to the spread of COVID-19 as well as $5,000 in activity delivery and authorizing the City Manager or his designee to execute any documents and/or Agreements.
CED; Jessica Hill, 209-577-5321, [email protected]
ACTION: (Kenoyer/Wright; 7/0) Resolution 2022-058 approving an Emergency Solutions Grant CARES Act (ESG-CV2) to Center for Human Services for the operation of the Navigation Center – Low Barrier Youth Shelter located at 2008 W. Briggsmore Ave., Modesto, CA 95350 in an amount not to exceed $50,304 to prevent, mitigate, and respond to the spread of COVID-19 as well as $5,000 in activity delivery and authorizing the City Manager or his designee to execute any documents and/or Agreements.
Consent
7. Consider approving the First Amendment to the Center for Human Services ESG CARES Act subrecipient Agreement for youth street outreach by increasing the contract amount from $40,000 to $56,893, extending the term of the Agreement from ending June 30, 2022 to September 30, 2022. (Funding Source: Emergency Solutions Grant CV2)
Resolution approving the First Amendment to the Center for Human Services ESG CARES Act subrecipient Agreement for youth street outreach by increasing the contract amount from $40,000 to $56,893, extending the term of the Agreement from ending June 30, 2022 to September 30, 2022, and authorizing the City Manager or his designee to execute the amendment.
CED; Jessica Hill, 209-577-5321, [email protected]
ACTION: (Kenoyer/Wright; 7/0) Resolution 2022-059 approving the First Amendment to the Center for Human Services ESG CARES Act subrecipient Agreement for youth street outreach by increasing the contract amount from $40,000 to $56,893, extending the term of the - 4 -
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Agreement from ending June 30, 2022 to September 30, 2022, and authorizing the City Manager or his designee to execute the amendment.
Consent
8. Consider approving the First Amendment to the Haven Women’s Center of Stanislaus ESG CARES Act subrecipient Agreement increasing the contract amount from $36,000 to $98,000, extending the term of the Agreement from ending June 30, 2022 to September 30, 2022 as well as increasing the activity delivery from $5,000 to $7,000. (Funding Source: Emergency Solutions Grant CV2)
Resolution approving the First Amendment to Haven Women’s Center of Stanislaus ESG CARES Act subrecipient Agreement, increasing the contract amount from $36,000 to $98,000, extending the term of the Agreement from ending June 30, 2022 to September 30, 2022 as well as increasing the activity delivery from $5,000 to $7,000 and authorizing the City Manager or his designee to execute any documents.
CED; Jessica Hill, 209-577-5321, [email protected]
ACTION: (Kenoyer/Wright; 7/0) Resolution 2022-060 approving the First Amendment to Haven Women’s Center of Stanislaus ESG CARES Act subrecipient Agreement, increasing the contract amount from $36,000 to $98,000, extending the term of the Agreement from ending June 30, 2022 to September 30, 2022 as well as increasing the activity delivery from $5,000 to $7,000 and authorizing the City Manager or his designee to execute any documents.
Consent
9. Consider approving a Second Amendment to Downtown Streets Inc. ESG CARES Act Program Subrecipient Agreement increasing the contract amount from $450,000 to $900,000 and extending the term of the Agreement from ending June 30, 2022, to September 30, 2022. (Funding Source: Emergency Solutions Grant CV2) Resolution approving the Second Amendment to Downtown Streets Inc ESG CARES Act Program Subrecipient Agreement increasing the contract amount from $450,000 to $900,000, extending the term of the Agreement from ending June 30, 2022, to September 30, 2022, and authorizing the City Manager or his designee to execute the Agreements.
CED; Jessica Hill, 209-577-5321, [email protected]
ACTION: (Kenoyer/Wright; 7/0) Resolution 2022-061 approving the Second Amendment to Downtown Streets Inc ESG CARES Act Program Subrecipient Agreement increasing the contract amount from $450,000 to $900,000, extending the term of the Agreement from ending June 30, 2022, to September 30, 2022, and authorizing the City Manager or his designee to execute the Agreements.
Consent
10. Consider approving an Agreement with Mr. Michael Baldwin Sr. Consultants, LLC to provide cultural relations and community building coaching for a one-year Agreement with two, one-year extension options, for an annual estimated cost of $98,500 and a total amount not to exceed $295,500 over three years. (Funding Source: General Fund, - 5 -
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Edward Byrne Memorial Justice Assistance Grant (BJAG) Program and Supplemental Law Enforcement Services Funds (SLESF))
Resolution approving the Agreement with Mr. Michael Baldwin Sr. Consultants LLC to provide cultural relations and community building coaching for a oneyear Agreement with two, one-year extension options for an annual cost not to exceed $98,500 and a total amount not to exceed $295,500 over three years, and authorizing the City Manager, or his designee, to execute the Agreement.
POLICE DEPARTMENT; Brandon Gillespie, 209-572-9500,
[email protected]
ACTION: (Kenoyer/Wright; 7/0) Resolution 2022-062 approving the Agreement with Mr.
Michael Baldwin Sr. Consultants LLC to provide cultural relations and community building coaching for a one-year Agreement with two, one-year extension options for an annual cost not to exceed $98,500 and a total amount not to exceed $295,500 over three years, and authorizing the City Manager, or his designee, to execute the Agreement.
Consent
11. Consider approving an Agreement with Spatialitics LLC, to provide access to GeoEnabled Software (GeoShield) products and services for a three-year term with two, one-year extension options at an estimated annual cost of $73,500, for an estimated total not to exceed $357,000 over five years. (Funding Source: General Fund) Resolution approving the Agreement with Spatialitics LLC to provide access to Geo-Enabled Software (GeoShield) for a three-year Agreement with two, oneyear extension options for annual cost not to exceed $73,500, and a total amount not to exceed $357,000 over five years, and to authorizing the City Manager, or his designee, to execute the Agreement.
POLICE DEPARTMENT; Brandon Gillespie, 209-572-9500,
[email protected]
ACTION: (Kenoyer/Wright; 7/0) Resolution 2022-063 approving the Agreement with Spatialitics LLC to provide access to Geo-Enabled Software (GeoShield) for a three-year Agreement with two, one-year extension options for annual cost not to exceed $73,500, and a total amount not to exceed $357,000 over five years, and to authorizing the City Manager, or his designee, to execute the Agreement.
Consent
12. Consider approving the award of bid and Agreement for Fire Safety System Services to The BGR Group, Santa Clara, CA for a two-year Agreement with three one-year extension options, for an annual estimated cost for the first year of $292,370 and a total amount not to exceed $1,024,091 over five years, with any new site additions, removals, or substantive service changes to be authorized by the Director of Finance or her designee. (Funding Source: Various Funds)
Resolution approving the award of bid and Agreement for Fire Safety System Services to The BGR Group, Santa Clara, CA for a two-year Agreement with three one-year extension options, for an annual estimated cost for the first year of $292,370 and not to exceed amount of $1,024,091 over five years, and - 6 -
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authorizing the Director of Finance, or her designee, to add new site additions, removals, or substantive service changes without exceeding the estimated annual cost of $1,024,091, and authorizing the City Manager, or his designee, to execute the Agreement.
PUBLIC WORKS; Patrick Crowley, 209-342-2274, [email protected] ACTION: (Kenoyer/Wright; 7/0) Resolution 2022-064 approving the award of bid and Agreement for Fire Safety System Services to The BGR Group, Santa Clara, CA for a twoyear Agreement with three one-year extension options, for an annual estimated cost for the first year of $292,370 and not to exceed amount of $1,024,091 over five years, and authorizing the Director of Finance, or her designee, to add new site additions, removals, or substantive service changes without exceeding the estimated annual cost of $1,024,091, and authorizing the City Manager, or his designee, to execute the Agreement.
Consent
13. Consider authorizing staff to apply for the CalRecycle SB1383 Local Assistance Grant Programs as available; and authorizing staff to apply for any future CalRecycle SB1383 Grants. (Funding Source: CalRecycle)
Resolution approving applications to the California Department of Resources, Recycling and Recovery (CalRecycle) for Senate Bill (SB1383) Local Assistance Grant Programs, accepting payment, amending the annual budget, and authorizing the City Manager, or his designee, to execute all related documents.
Resolution approving applications to the California Department of Resources, Recycling and Recovery (CalRecycle) for Senate Bill (SB1383) Grant Programs, accepting payment, amending the annual budget, and authorizing the City Manager, or his designee, to execute all related documents.
PUBLIC WORKS; Vicki Rice, 209-577-5495, [email protected] ACTION: (Kenoyer/Wright; 7/0) Resolution 2022-065 approving applications to the California Department of Resources, Recycling and Recovery (CalRecycle) for Senate Bill (SB1383) Local Assistance Grant Programs, accepting payment, amending the annual budget, and authorizing the City Manager, or his designee, to execute all related documents.
ACTION: (Kenoyer/Wright; 7/0) Resolution 2022-066 approving applications to the California Department of Resources, Recycling and Recovery (CalRecycle) for Senate Bill (SB1383) Grant Programs, accepting payment, amending the annual budget, and authorizing the City Manager, or his designee, to execute all related documents.
Consent
14. Consider approving a Second Amendment to the Agreement with David Keith Todd Consulting Engineers, Inc., DBA Todd Groundwater for the preparation of a Groundwater Sustainability Plan and Related Technical Studies for the Modesto Subbasin, in the amount of $220,015 for the identified scope of services, for an amended total not to exceed $2,689,311 and amending the FY 2021/22 Multi-Year Program Budget in the amount of $70,000. (Funding Source: Water Fund) - 7 -
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Resolution approving a Second Amendment to the Agreement with David Keith Todd Consulting Engineers, Inc., DBA Todd Groundwater, for the preparation of a Groundwater Sustainability Plan and Related Technical Studies for the Modesto Subbasin in the amount of $220,015 for the identified scope of services, for an amended total not to exceed $2,689,311 and authorizing the City Manager, or his designee, to execute the Amendment. Resolution amending the Fiscal Year 2021/22 Multi-Year Program Budget in the amount of $70,000 to be transferred into the Project from Water Fund Reserves in order to fully fund the GSP Modesto Sub-Basin Project and authorizing the City Manager, or his designee to implement the provisions of this resolution.
UTILITIES; Miguel Alvarez, 209-577-5348, [email protected] ACTION: (Kenoyer/Wright; 7/0) Resolution 2022-067 approving a Second Amendment to the Agreement with David Keith Todd Consulting Engineers, Inc., DBA Todd Groundwater, for the preparation of a Groundwater Sustainability Plan and Related Technical Studies for the Modesto Subbasin in the amount of $220,015 for the identified scope of services, for an amended total not to exceed $2,689,311 and authorizing the City Manager, or his designee, to execute the Amendment.
ACTION: (Kenoyer/Wright; 7/0) Resolution 2022-068 amending the Fiscal Year 2021/22 Multi-Year Program Budget in the amount of $70,000 to be transferred into the Project from Water Fund Reserves in order to fully fund the GSP Modesto Sub-Basin Project and authorizing the City Manager, or his designee to implement the provisions of this resolution.
Consent
15. Consider accepting the Headworks, Dryden Box and Influent Flume Improvements project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $18,637,897 to C. Overaa & Co., of Richmond, CA. (Funding Source: Wastewater Fund)
Resolution accepting the Headworks, Dryden Box and Influent Flume Improvements project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $18,637,897 to C. Overaa & Co., Richmond, CA.
UTILITIES; Jesse Franco, 209-571-5175, [email protected] ACTION: (Kenoyer/Wright; 7/0) Resolution 2022-069 accepting the Headworks, Dryden Box and Influent Flume Improvements project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $18,637,897 to C. Overaa & Co., Richmond, CA.
COUNCIL COMMENTS & REPORTS
Councilmember Wright thanked the Police Department for recent collection of shopping carts and arrests of persons with warrants. He also mentioned affordable apartment complex projects in the works.
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Mayor Zwahlen spoke regarding a Concerned Citizens meeting she attended regarding issues of homelessness downtown. She also spoke regarding the loss of Fire Fighter Max Fortuna who lost his life in the line of duty, and expressed her concern, and love, and well-being to his family.
Councilmember Escutia-Braaton acknowledged Black History Month and encouraged everyone to participate in various community events that will be happening. She also spoke regarding a Blue Mass event she attended to pray for and with law enforcement and first responders. She also offered condolences to the family of fallen Fire Captain Max Fortuna.
Councilmember Ricci also offered his condolences to the family of fallen Fire Fighter Max Fortuna. He was encouraged regarding a City/County meeting regarding efforts towards homelessness such as Safe Parking. And finally he spoke regarding Blighted Commercial Properties.
Councilmember Kenoyer offered her condolences and prayers to the family of fallen firefighter Max Fortuna. She also spoke regarding her own personal health issues, and thanked everyone for their prayers and concerns.
Councilmember Madrigal expressed his condolences to the Fortuna family for their loss, and the fire fighter community. He also expressed his thoughts and prayers to Councilmember Kenoyer. He also asked for an update on surveillance cameras regarding illegal dumping hotspots.
Councilmember Zoslocki expressed his condolences to the family of fallen firefighter Max Fortuna, as well as the other firefighters that were also at risk while doing their work.
CITY MANAGER COMMENTS & REPORTS
None
NEW BUSINESS
16. Consider approving the submission of a grant application for the California Violence Intervention and Prevention Grant Program to the Board of State and Community Corrections for up to $6 million in grant funds with up to $6 million in an in-kind and/or cash match for a maximum commitment of $12 million. (Funding Source:
General Fund)
Resolution approving the submission of a grant application for the California Violence Intervention and Prevention Grant Program to the Board of State and Community Corrections for up to $6 million in grant funds with up to $6 million in an in-kind and/or cash match for a maximum commitment of $12 million, and authorizing the City Manager, or his designee, to execute and submit all documents which may be necessary for the completion of the grant - 9 -
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application.
POLICE DEPARTMENT; Robert Reyna, 209-572-9500, [email protected] ACTION: (Wright/Zoslocki; 7/0) Resolution 2022-070 approving the submission of a grant application for the California Violence Intervention and Prevention Grant Program to the Board of State and Community Corrections for up to $6 million in grant funds with up to $6 million in an in-kind and/or cash match for a maximum commitment of $12 million, and authorizing the City Manager, or his designee, to execute and submit all documents which may be necessary for the completion of the grant application.
MATTERS TOO LATE FOR THE AGENDA
None
ADJOURNMENT
This meeting adjourned at 6:44 P.M.
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, FEBRUARY 1, 2022, at 4:45 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
One Case (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: City of Modesto, et al. v. Covanta Stanislaus, Inc.
Stanislaus County Superior Court
Case No. CV-20-004932
Attest: ____________________________
Dana Sanchez, Interim City Clerk