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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, March 01, 2022 at 5:30 PM
Roll Call – Present: Councilmembers Kenoyer, Madrigal (arrived at 5:48 p.m.), Ricci, Wright, Zoslocki, Mayor Zwahlen
Absent: Councilmember Escutia-Braaton
Pledge of Allegiance to the Flag
Moment of Reflection: Moment of reflection for the people our Sister City and the people of Ukraine.
Invocation: Laura Williams, The Church of Jesus Christ of Latter-Day Saints.
City Clerk’s Announcements: Item 10 was removed from the agenda. Item 11 was noticed to begin at 5:45 p.m. so that will be taken out of order. Several public comments were received at ccmeetings and forwarded to Council.
Declaration of Conflicts of Interest: None
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Presentation of Proclamation proclaiming March 2022 as Developmental Disabilities Awareness Month (Funding Source: Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected] ACTION: Mayor Zwahlen presented a Proclamation proclaiming March 2022 as Developmental Disabilities Awareness Month.
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2. Presentation of Proclamation proclaiming March 2022 as Women's History Month (Funding Source: Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected] ACTION: Mayor Zwahlen presented a Proclamation proclaiming March 2022 as Women's History Month.
3. Presentation of Proclamation in honor of Golden Valley Health Center's 50th Anniversary (Funding Source: Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected] ACTION: Mayor Zwahlen presented a Proclamation in honor of Golden Valley Health Center's 50th Anniversary.
PUBLIC COMMENT PERIOD
Stephen Allen expressed concerns regarding the cost of housing and the definition of affordable housing. He also spoke regarding acts of violence by hate groups against people with differing opinions.
Ramon Rodriguez spoke regarding propaganda of hate groups. He also spoke regarding Forward Together and expressed his shock regarding juvenile arrest statistics. He encouraged school programs to invest in the youth. Darlene Ruiz spoke in support of Trevor Seever Day to honor Trevor. She also agreed that more needs to be done in regards to affordable housing. Richard Navarro thanked the City Council for the moment of silence in support of the people of Ukraine and our Sister City in Ukraine. He asked the Council to consider a proclamation of support for Ukraine. He also mentioned Open World. Sergei thanked the Council for the Moment of Reflection for Ukraine, and spoke regarding the history the City has had with our Sister City in Ukraine. He also spoke regarding the conditions the people of Ukraine are presently dealing with, and supported the idea of a proclamation of support.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS 4-9: (Madrigal/Zoslocki; 6/0; Escutia-Braaton absent) Item 10 was removed from the Agenda.
CONSENT ITEMS
Consent
4. Consider approving the minutes from the February 8, 2022 Council Meeting. (Funding Source: Not Applicable)
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Motion approving the minutes from the February 8, 2022 Council Meeting.
CITY CLERK; Dana Sanchez, 209-577-5396, [email protected] ACTION: (Madrigal/Zoslocki; 6/0; Escutia-Braaton absent) Motion approving the minutes from the February 8, 2022 Council Meeting.
Consent
5. Consider approving a Will Serve Letter and Outside Service Agreement for sewer service for the property located at 792 Codoni Avenue (APN: 009-019-047). (Funding Source: Sewer Fund, General Fund)
Resolution approving a Will Serve Letter and Outside Service Agreement between the City of Modesto and Modesto Irrigation District, a California irrigation district, to connect to the City of Modesto’s existing sewer system for the property located at 792 Codoni Avenue in Modesto (APN: 009-019-047), and authorizing the City Manager, or his designee, to sign the Will-Serve Letter and execute the Outside Service Agreement.
CED; Nathan Bray, 209-571-5542, [email protected]
ACTION: (Madrigal/Zoslocki; 6/0; Escutia-Braaton absent) Resolution 2022-106 approving a Will Serve Letter and Outside Service Agreement between the City of Modesto and Modesto Irrigation District, a California irrigation district, to connect to the City of Modesto’s existing sewer system for the property located at 792 Codoni Avenue in Modesto (APN: 009-019-047), and authorizing the City Manager, or his designee, to sign the WillServe Letter and execute the Outside Service Agreement.
Consent
6. Consider approving an Agreement for an analysis of emergency dispatch service options with Mission Critical Partners, for an amount of $156,741, with an 8% contingency of $12,539, for a total not to exceed $169,280. (Funding Source: General Fund)
Resolution approving an Agreement for an analysis of emergency dispatch service options with Mission Critical Partners, for an amount of $156,741, with an 8% contingency of $12,539, for a total not to exceed $169,280 and authorizing the City Manager, or his designee to execute the Agreement.
CITY MANAGER; Scotty Douglass, 209-577-9149, [email protected] ACTION: (Madrigal/Zoslocki; 6/0; Escutia-Braaton absent) Resolution 2022-107 approving an Agreement for an analysis of emergency dispatch service options with Mission Critical Partners, for an amount of $156,741, with an 8% contingency of $12,539, for a total not to exceed $169,280 and authorizing the City Manager, or his designee to execute the Agreement.
Consent
7. Consider accepting an informational report for the January 2022 Accounts Payable Payment Register and Void report. (Funding Source: Not Applicable) Motion accepting an informational report for the January 2022 Accounts - 4 -
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Payable Payment Register and Void report.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Madrigal/Zoslocki; 6/0; Escutia-Braaton absent) Motion accepting an informational report for the January 2022 Accounts Payable Payment Register and Void report.
Consent
8. Consider accepting the Monthly Investment Report for December 2021. (Funding Source: Various Funds)
Motion accepting the Monthly Investment Report for December 2021.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
ACTION: (Madrigal/Zoslocki; 6/0; Escutia-Braaton absent) Motion accepting the Monthly Investment Report for December 2021.
Consent
9. Consider approving requirements for annual training of certain City of Modesto employees and officials regarding municipal disclosure responsibilities. (Funding Source: Not Applicable)
Resolution approving requirements for annual training of certain City of Modesto employees and officials regarding municipal disclosure responsibilities.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
ACTION: (Madrigal/Zoslocki; 6/0; Escutia-Braaton absent) Resolution 2022-108 approving requirements for annual training of certain City of Modesto employees and officials regarding municipal disclosure responsibilities.
Item 10 was removed from the Agenda
10. Consider approving an increase of purchase with Allsteel Inc., Muscatine, IA, for the procurement of modular systems furniture for the Sutter Plant Offices by $34,691 from $45,157, plus $3,469 in contingency (if needed) for a revised total amount not to exceed $83,317. (Funding Source: Wastewater Fund)
Resolution approving an increase of purchase with Allsteel Inc., Muscatine, IA, for the procurement of modular systems furniture for the Sutter Plant Offices by $34,691 from $45,157, plus $3,469 in contingency (if needed) for a revised total amount not to exceed $83,317, and authorizing the Purchasing Manager, or her designee to execute the Purchase Order.
UTILITIES; William Wong, 209-571-5801, [email protected] - 5 -
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COUNCIL COMMENTS & REPORTS
Councilmember Wright expressed his thoughts and concern for the people of Ukraine and our Sister City.
Councilmember Zoslocki spoke regarding Ukrainian history, and made a motion for at least a letter of support to Ukraine.
ACTION: (Zoslocki/Madrigal; 6/0; Escutia-Braaton absent) Motion to issue at least a letter in support of the people of Ukraine at a subsequent meeting.
Councilmember Kenoyer spoke in support of the people of Ukraine and a proclamation.
She also expressed support and concern for Councilmember Escutia-Braaton in her time of loss with the soon passing of mother.
Councilmember Ricci spoke regarding the Ukraine, and expressed his support for Ukraine and our Sister City.
Councilmember Madrigal expressed solidarity with the people of Ukraine, and asked for a Resolution of support. He also asked for City Hall to be lighted in the colors of Ukraine.
He also spoke regarding community concerns regarding traffic in South Modesto due to road projects. He also asked for a report back of video surveillance camera's being brought to Council level. He also asked for a status update of Canna Pass update for Cannabis tourism.
CITY MANAGER COMMENTS & REPORTS
None
HEARINGS
Published in the Modesto Bee on February 15th & 22nd, 2022
11. Presentation of Recommended Council District Map from the Citizens’ Districting Commission and Public Hearing to receive public input. (Funding Source: Not Applicable)
Hold a public hearing on the Recommended Council District Map submitted by the Citizens’ Districting Commission prior to considering adoption of Final Council District Map at the March 8, 2022 City Council meeting.
CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected] ACTION: No Action for Public Hearing on the recommended Council District Map submitted by the Citizens’ Districting Commission prior to considering adoption of Final Council District Map at the March 8, 2022 City Council meeting.
Published in the Modesto Bee on February 18, 2022
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12. Public hearing to consider expanding the role of the Cannabis Permit Review Committee and renaming it to be known as the “Cannabis Program and Permit Review Committee,” an Ordinance amending Section 10-3.704, “Application and Permit Procedures,” of the Modesto Municipal Code, an Ordinance amending Section 2-1.18, “Standing Committees,” of the Modesto Municipal Code to include the “Cannabis Program and Permit Review Committee” as a Standing Committee of the City, and associated Resolution making these changes and rescinding Resolution No. 2021-132. (Funding Source: Not Applicable)
Motion introducing and waiving the first reading of an Ordinance amending Section 10-3.704, “Application and Permit Procedures,” of Article 7 of Chapter 3 of Title 10, “Commercial Cannabis Uses,” of the Modesto Municipal Code to Rename the “Cannabis Permit Committee,” to be known as the “Cannabis Program and Permit Review Committee,” in order to capture the Standing Committee’s new expanded role.
Motion introducing and waiving the first reading of an Ordinance amending Section 2-1.18, “Standing Committees,” of the Modesto Municipal Code to include the “Cannabis Program and Permit Review Committee” as a Standing Committee of the City.
Resolution approving expanding the role of the Cannabis Permit Review Committee and renaming it to be known as the “Cannabis Program and Permit Review Committee” and rescinding Resolution No. 2021-132.
CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected] ACTION: (Ricci/Kenoyer; 6/0; Escutia-Braaton absent) Motion introducing and waiving the first reading of an Ordinance 3742-C.S. amending Section 10-3.704, “Application and Permit Procedures,” of Article 7 of Chapter 3 of Title 10, “Commercial Cannabis Uses,” of the Modesto Municipal Code to Rename the “Cannabis Permit Committee,” to be known as the “Cannabis Program and Permit Review Committee,” in order to capture the Standing Committee’s new expanded role.
ACTION: (Madrigal/Ricci; 6/0; Escutia-Braaton absent) Motion introducing and waiving the first reading of an Ordinance 3743-C.S. amending Section 2-1.18, “Standing Committees,” of the Modesto Municipal Code to include the “Cannabis Program and Permit Review Committee” as a Standing Committee of the City.
ACTION: (Kenoyer/Zwahlen; 6/0; Escutia-Braaton absent) Resolution 2022-109 approving expanding the role of the Cannabis Permit Review Committee and renaming it to be known as the “Cannabis Program and Permit Review Committee” and rescinding Resolution No. 2021-132.
NEW BUSINESS
13. Consider an Ordinance adding Article 7, “Local Hiring Preferences in Public Works Contracts,” and Article 8, “Utilizing Skilled and Trained Workforce in Public Works Contracts,” to Title 8, Chapter 3 of the Modesto Municipal Code. (Funding Source:
Not Applicable)
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Motion introducing and waiving the first reading of an Ordinance adding Article 7, “Local Hiring Preference in Public Works Contracts,” and Article 8, “Utilizing skilled and Trained Workforce in Public Works Contracts,” to Title 8, Chapter 3 of the Modesto Municipal Code.
CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected] ACTION: (Madrigal/Ricci; 4/2; Kenoyer, Wright Noes; Escutia-Braaton absent) Motion introducing and waiving the first reading of an Ordinance 3744-C.S. adding Article 7, “Local Hiring Preference in Public Works Contracts,” and Article 8, “Utilizing skilled and Trained Workforce in Public Works Contracts,” to Title 8, Chapter 3 of the Modesto Municipal Code.
Recessed at 8:56 p.m.
Reconvened at 9:01 p.m
14. Consider amending the City Manager Employment Agreement with Joseph P. (“Joe”) Lopez adjusting the compensation as a result of the delivery of a very positive performance evaluation rating of “highly competent.” (Funding Source: General Fund) Resolution approving a first amendment to the employment Agreement with Joe Lopez, City Manager, dated July 10, 2018 to increase base salary to $256,221.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] ACTION: (Zoslocki/Wright; 6/0; Escutia-Braaton absent) Resolution 2022-110 approving a first amendment to the employment Agreement with Joe Lopez, City Manager, dated July 10, 2018 to increase base salary to $256,221.
MATTERS TOO LATE FOR THE AGENDA
None
ADJOURNMENT
This meeting adjourned at 9:17 p.m.
Attest:____________________________
Dana Sanchez, Interim City Clerk