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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 08, 2022 at 5:30 PM
Roll Call – Present: Councilmembers Escutia-Braaton, Kenoyer, Madrigal, Ricci, Wright, Zoslocki (arrived at 5:33 p.m./left approx. 6:46 p.m.), Mayor Zwahlen Pledge of Allegiance to the Flag
Invocation: Rev. Edward Eissabake, St. John’s Assyrian Evangelical Presbyterian Church City Clerk’s Announcements: Item 7 has been removed from Consent for a separate vote.
Items 5, 6, 8, 12, 13, 15, 18, 19, 20, 21, and 26 were removed from consent by a member of the public. Item 31 Public Hearing was noticed to commence at 5:45 pm, so that item will be taken out of order. Public Comment was received at ccmeetings and that email was forwarded to all Councilmembers.
Declaration of Conflicts of Interest: None
Reports from Closed Session: No reportable action
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Resolution of the City Council of the City of Modesto condemning the unprovoked assault on Ukraine's sovereign nation borders, independence and territorial integrity, and opposing the unnecessary violence this conflict has cause. (Funding Source: Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected] - 2 -
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ACTION: (Zoslocki/Wright; 7/0) Resolution 2022-111 of the City Council of the City of Modesto condemning the unprovoked assault on Ukraine's sovereign nation borders, independence and territorial integrity, and opposing the unnecessary violence this conflict has cause.
2. Presentation of Proclamation proclaiming March 8, 2022 International Women's Day (Funding Source: Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected] ACTION: Mayor Zwahlen presented a proclamation declaring March 8, 2022 as "International Women's Day."
3. Presentation of Proclamation proclaiming March 22, 2022 as "World Water Day" (Funding Source: Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected] ACTION: Mayor Zwahlen presented a proclamation declaring March 22, 2022 as "World Water Day"
PUBLIC COMMENT PERIOD
Jorge Martinez spoke regarding underprivileged neighborhoods and the need for improvements of infrastructure.
Luisa Bryant spoke regarding issues of mold problems in her apartment, and asked the Council for help and referrals to resolve the issues.
Emerson Drake spoke regarding his desire that Committee meetings be recorded for transparency. He also spoke regarding women's rights, and the treatment of women in the workplace.
Sebastian Jones apologized to City Manager Joe Lopez regarding his comments from the previous week. He also spoke regarding a Dr. Martin Luther King Jr. Committee and memorializing Martin Luther King Jr. with a statue. Diane Kroeze spoke regarding her desire to serve on a Committee to help Ukraine.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS 4, 9-11, 14, 16-17, 22-25, 27-29: (Kenoyer/Wright; 7/0) Item 7 was removed from Consent for a separate vote. Items 5, 6, 8, 12, 13, 15, 18, 19, 20, 21, 26 were removed from Consent by a member of the public for discussion.
CONSENT ITEMS
Consent
4. Consider approving the minutes from the March 1, 2022 Council Meeting. (Funding - 3 -
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Source: Not Applicable)
Motion approving the minutes from the March 1, 2022 Council Meeting.
CITY CLERK; Dana Sanchez, 209-577-5396, [email protected] ACTION: (Kenoyer/Wright; 7/0) Motion approving the minutes from the March 1, 2022 Council Meeting.
Removed from Consent
5. Consider final adoption of 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. (Funding Source: Not Applicable)
Motion approving final adoption of 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.
CITY CLERK; Dana Sanchez, 209-577-5396, [email protected] ACTION: (Wright/Kenoyer; 6/0; Zoslocki absent) Motion approving final adoption of 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.
Removed from Consent
6. Consider final adoption of 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. (Funding Source:
Not Applicable)
Motion approving final adoption of 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.
CITY CLERK; Dana Sanchez, 209-577-5396, [email protected] ACTION: (Ricci/Wright; 6/0; Zoslocki absent) Motion approving final adoption of 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.
Removed from Consent
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7. Consider final adoption of 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. (Funding Source: Not Applicable)
Motion approving final adoption of 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.
CITY CLERK; Dana Sanchez, 209-577-5396, [email protected] ACTION: (Madrigal/Ricci; 5/2; Kenoyer, Wright, Noes) Motion approving final adoption of 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.
Removed from Consent
8. Consider approving a resolution continuing to authorize remote teleconference meetings pursuant to Assembly Bill 361. (Funding Source: Not Applicable) Resolution continuing to authorize remote teleconference meetings of the City of Modesto pursuant to Assembly Bill 361.
CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected] ACTION: (Escutia-Braaton/Wright; 6/0; Zoslocki absent) Resolution 2022-112 continuing to authorize remote teleconference meetings of the City of Modesto pursuant to Assembly Bill 361.
Consent
9. Consider approving the recommended budget adjustments to Fiscal Year 2021-22 Annual Operating and Capital Improvement Program Budgets. (Funding Source:
Various Funds)
Resolution amending Year 2021-22 Annual Operating and Capital Improvement Project Fund Budgets and authorizing the City Manager to make the necessary steps to implement the provisions of this resolution.
BUDGET; Steve Christensen, 209-577-5390, [email protected] ACTION: (Kenoyer/Wright; 7/0) Resolution 2022-113 amending Year 2021-22 Annual Operating and Capital Improvement Project Fund Budgets and authorizing the City Manager to make the necessary steps to implement the provisions of this resolution.
Consent
10. Consider approving a CARES Act Emergency Solutions Grant to Stanislaus County Affordable Housing Corporation for the renovation of the shelter located at 512 Vine Street, Modesto, CA 95351 in an amount not to exceed $186,000 and $20,000 in Activity Delivery to prevent, mitigate, and respond to the spread of COVID-19. (Funding Source: Emergency Solutions Grant CV2)
Resolution approving an Emergency Solutions Grant CARES Act (ESG-CV2) - 5 -
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to Stanislaus County Affordable Housing Corporation for the renovation of the shelter located at 512 Vine Street, Modesto, CA 95351 in an amount not to exceed $186,000 and $20,000 in Activity Delivery to prevent, mitigate, and respond to the spread of COVID-19, 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 2022-114 Affordable Housing Corporation for the renovation of the shelter located at 512 Vine Street, Modesto, CA 95351 in an amount not to exceed $186,000 and $20,000 in Activity Delivery to prevent, mitigate, and respond to the spread of COVID-19, and authorizing the City Manager or his designee to execute any documents and/or Agreements.
Consent
11. Consider approving the “upstreaming“ of the remaining ERAP1 funds to the US Treasury to be reallocated to the State of California with a designation for Modesto residents in an additional amount of $342,290.29 for a total amount of $2,670,235.34 (Funding Source: US Treasury ERAP1 Funds)
Resolution approving the “upstreaming“ of the remaining ERAP1 funds back to the US Treasury to be reallocated to the State of California with a designation for Modesto residents in the amount of $2,670,235.34 and authorizing the City Manager or his designee, to execute any documents related to the purpose of this resolution.
Resolution amending the Fiscal Year 2021-2022 multi-year fund budget, reducing the allocation of Consolidated Appropriations Act of 2021 funds from the U.S. Department of Treasury with appropriate revenue and expenditure allocations and authorizing the City Manager, or his designee, to return the Federal ERA #1 funding received on January 25, 2021, in an amount of $2,670,235.34 to the U.S. Treasury and authorizing the City Manager or his designee, to take the necessary steps to implement the provisions of this resolution.
CED; Jessica Hill, 209-577-5321, [email protected]
ACTION: (Kenoyer/Wright; 7/0) Resolution 2022-115 approving the “upstreaming” of the remaining ERAP1 funds back to the US Treasury to be reallocated to the State of California with a designation for Modesto residents in the amount of $2,670,235.34 and authorizing the City Manager or his designee, to execute any documents related to the purpose of this resolution.
ACTION: (Kenoyer/Wright; 7/0) Resolution 2022-116 amending the Fiscal Year 2021-2022 multi-year fund budget, reducing the allocation of Consolidated Appropriations Act of 2021 funds from the U.S. Department of Treasury with appropriate revenue and expenditure allocations and authorizing the City Manager, or his designee, to return the Federal ERA #1 funding received on January 25, 2021, in an amount of $2,670,235.34 to the U.S. Treasury and authorizing the City Manager or his designee, to take the necessary steps to implement the provisions of this resolution.
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Removed from Consent
12. Consider approving the Subdivision Improvement Agreement (SIA) and Final Map for the Woodglen Village No. 2 Subdivision consisting of approximately 9.2 acres located between Bangs Avenue, Tully Road, Pelandale Avenue and Carver Road. (Funding Source: Developer Fees)
Resolution approving the Subdivision Improvement Agreement for Woodglen Village 2 Subdivision, and authorizing the City Manager or his designee, to execute the Subdivision Improvement Agreement with the owner, Modesto Roselle, LLC.
Resolution approving the Final Map for Woodglen Village 2 Subdivision, and authorizing the City Clerk to certify the Final Map and record it with the Stanislaus County Recorder’s Office.
CED; Nathan Bray, 209-571-5542, [email protected]
ACTION: (Wright/Kenoyer; 6/0; Zoslocki absent) Resolution 2022-117 approving the Subdivision Improvement Agreement for Woodglen Village 2 Subdivision, and authorizing the City Manager or his designee, to execute the Subdivision Improvement Agreement with the owner, Modesto Roselle, LLC.
ACTION: (Wright/Kenoyer; 6/0; Zoslocki absent) Resolution 2022-118 approving the Final Map for Woodglen Village 2 Subdivision, and authorizing the City Clerk to certify the Final Map and record it with the Stanislaus County Recorder’s Office.
Removed from Consent
13. Consider approving the Subdivision Improvement Agreement (SIA) and Final Map for the Woodglen Village No. 5 Subdivision consisting of roughly 8.3 acres located between Bangs Avenue, Tully Road, Pelandale Avenue and Carver Road. (Funding Source: Developer Fees)
Resolution approving the Subdivision Improvement Agreement for Woodglen Village 5 Subdivision, authorizing the City Manager, or designee, to execute the Subdivision Improvement Agreement with the owner, Modesto Roselle, LLC.
Resolution approving the Final Map for Woodglen Village 5 Subdivision, and authorizing the City Clerk to certify the final map and record it with the Stanislaus County Recorder’s Office.
CED; Nathan Bray, 209-571-5542, [email protected]
ACTION: (Wright/Escutia-Braaton; 6/0; Zoslocki absent) Resolution 2022-119 approving the Subdivision Improvement Agreement for Woodglen Village 5 Subdivision, authorizing the City Manager, or designee, to execute the Subdivision Improvement Agreement with the owner, Modesto Roselle, LLC.
ACTION: (Wright/Escutia-Braaton; 6/0; Zoslocki absent) Resolution 2022-120 approving the Final Map for Woodglen Village 5 Subdivision, and authorizing the City Clerk to certify the final map and record it with the Stanislaus County Recorder’s Office. - 7 -
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Consent
14. Consider adopting the 2022 State and Federal Legislative Priorities, and authorizing the City Manager or his designee, to carry out the necessary steps to help the City achieve the identified priorities. (Funding Source: Not Applicable) Resolution adopting the 2022 State and Federal Legislative Priorities and authorizing the City Manager or his designee, to carry out the necessary steps to help the City achieve the priorities identified in the platform.
CITY MANAGER; Edgar Garcia, 209-571-5101, [email protected] ACTION: (Kenoyer/Wright; 7/0) Resolution 2022-121 adopting the 2022 State and Federal Legislative Priorities and authorizing the City Manager or his designee, to carry out the necessary steps to help the City achieve the priorities identified in the platform.
Removed from Consent
15. Consider approving a First Amendment with Badger Meter, Inc. for the purchase of Badger water meters, automated meter readers, and related parts from an annual estimated amount of $600,880 to a new estimated annual amount of $1,500,880 and a total revised amount not to exceed from $3,059,022 to $7,504,400 over five years, and authorizing the Director of Finance or her designee, the ability to add parts based on the Department’s needs, ensuring the total cost does not exceed the authorized amount. (Funding Source: Water Fund)
Resolution approving a First Amendment with Badger Meter, Inc. for the purchase of Badger water meters, automated meter readers, and related parts from an annual estimated amount of $600,880 to a new estimated annual amount of $1,500,880 and a total revised amount not to exceed from $3,059,022 to $7,504,400 over five years, and authorizing the Director of Finance or her designee, to execute the amendment; and authorizing the Director of Finance or her designee, the ability to add parts based on the Department’s needs, ensuring the total cost does not exceed the authorized amount.
FINANCE DEPARTMENT; Cynthia Kline, 209-577-5412, [email protected] ACTION: (Ricci/Wright; 6/0; Zoslocki absent) Resolution 2022-122 approving a First Amendment with Badger Meter, Inc. for the purchase of Badger water meters, automated meter readers, and related parts from an annual estimated amount of $600,880 to a new estimated annual amount of $1,500,880 and a total revised amount not to exceed from $3,059,022 to $7,504,400 over five years, and authorizing the Director of Finance or her designee, to execute the amendment; and authorizing the Director of Finance or her designee, the ability to add parts based on the Department’s needs, ensuring the total cost does not exceed the authorized amount.
Consent
16. Consider approving the competitive bidding process from Sourcewell (formerly National Joint Powers Alliance) with Kenworth Truck Company under authorized dealer with NorCal Kenworth-Bay Area, San Leandro, CA, for a Kenworth Cab and - 8 -
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Chassis Truck for a total amount not to exceed $148,510; and approving the competitive bidding process from BuyBoard Cooperative Purchasing with Cooper Equipment, Company, San Antonio, TX, for a Slurry Tank for a total amount not to exceed $279,034. (Funding Source: Surface Transportation Fund) Resolution approving the competitive bidding process from Sourcewell (formerly National Joint Powers Alliance) with Kenworth Truck Company under authorized dealer with NorCal Kenworth-Bay Area, San Leandro, CA, for a Kenworth Cab and Chassis Truck for a total amount not to exceed $148,510; and authorizing the Purchasing Manager or her designee, to issue the Purchase Order.
Resolution approving the competitive bidding process from BuyBoard Cooperative Purchasing with Cooper Equipment, Company, San Antonio, TX, for a Slurry Tank for a total amount not to exceed $279,034; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.
FINANCE DEPARTMENT; Cynthia Kline, 209-577-5412, [email protected] ACTION: (Kenoyer/Wright; 7/0) Resolution 2022-123 approving the competitive bidding process from Sourcewell (formerly National Joint Powers Alliance) with Kenworth Truck Company under authorized dealer with NorCal Kenworth-Bay Area, San Leandro, CA, for a Kenworth Cab and Chassis Truck for a total amount not to exceed $148,510; and authorizing the Purchasing Manager or her designee, to issue the Purchase Order.
ACTION: (Kenoyer/Wright; 7/0) Resolution 2022-124 approving the competitive bidding process from BuyBoard Cooperative Purchasing with Cooper Equipment, Company, San Antonio, TX, for a Slurry Tank for a total amount not to exceed $279,034; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.
Consent
17. Consider reissuing all bids for Request for Bid (RFB) No. 1819-49RB for Seven Stake Side Dump Trucks and RFB 19-20-83 for One-Ton Utility Truck and authorizing staff to reissue the RFB’s at a future date or identify a Cooperative Agreement when approved by the City Manager. (Funding Source: Fleet Replacement Fund) Resolution reissuing all bids for Request for Bid (RFB) No. 1819-49RB for Seven Stake Side Dump Trucks and RFB 19-20-83 for One-Ton Utility Truck and authorizing staff to reissue the RFB’s at a future date or identify a Cooperative Agreement when approved by the City Manager.
FINANCE DEPARTMENT; Cynthia Kline, 209-577-5412, [email protected] ACTION: (Kenoyer/Wright; 7/0) Resolution 2022-125 reissuing all bids for Request for Bid (RFB) No. 1819-49RB for Seven Stake Side Dump Trucks and RFB 19-20-83 for One-Ton Utility Truck and authorizing staff to reissue the RFB’s at a future date or identify a Cooperative Agreement when approved by the City Manager.
Removed from Consent
18. Consider approving the audited financial statements and various audit reports for Fiscal Year 2020-2021 audited by external auditors Hudson Henderson & Company, Inc. for - 9 -
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the City’s Annual Comprehensive Financial Report, twelve Community Facilities Districts and various Joint Powers Agencies. (Funding Source: Not Applicable) Resolution approving the audited financial statements and various audit reports for Fiscal Year 2020-2021 audited by external auditors Hudson Henderson & Company, Inc. for the City’s Annual Comprehensive Financial Report, twelve Community Facilities Districts and various Joint Powers Agencies.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Kenoyer/Wright; 6/0; Zoslocki absent) Resolution 2022-126 approving the audited financial statements and various audit reports for Fiscal Year 2020-2021 audited by external auditors Hudson Henderson & Company, Inc. for the City’s Annual Comprehensive Financial Report, twelve Community Facilities Districts and various Joint Powers Agencies.
Removed from Consent
19. Consider approving the Auditors’ Reports and Schedule of Measure L Program Revenues and Expenditures for Fiscal Year Ended June 30, 2021. (Funding Source:
Not Applicable)
Resolution approving the Fiscal Year 2020-2021 Auditor’s Report on Compliance of the Measure L: Local Roads First Transportation Funding Measure.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Wright/Madrigal; 6/0; Zoslocki absent) Resolution 2022-127 approving the Fiscal Year 2020-2021 Auditor’s Report on Compliance of the Measure L: Local Roads First Transportation Funding Measure.
Removed from Consent
20. Consider approving the Auditors’ Reports and Schedule of Passenger Facility Charge Revenues and Expenditures for Fiscal Year Ended June 30, 2021. (Funding Source:
Not Applicable)
Resolution approving the Auditors’ Reports and Schedule of Passenger Facility Charge Revenues and Expenditures for Fiscal Year Ended June 30, 2021, prepared by external auditors Hudson Henderson & Company, Inc.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Wright/Escutia-Braaton; 6/0; Zoslocki absent) Resolution 2022-128 approving the Auditors’ Reports and Schedule of Passenger Facility Charge Revenues and Expenditures for Fiscal Year Ended June 30, 2021, prepared by external auditors Hudson Henderson & Company, Inc.
Recessed at 7:54 p.m.
Reconvened at 8:01 p.m.
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Removed from Consent
21. Consider approving the Fiscal Year 2020-2021 Single Audit Report for the City of Modesto from external auditors Hudson Henderson & Company, Inc. (Funding Source:
Not Applicable)
Resolution approving the Fiscal Year 2020-2021 Single Audit Report for the City of Modesto from external auditors Hudson Henderson & Company, Inc.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Wright/Escutia-Braaton; 6/0; Zoslocki absent) Resolution 2022-129 approving the Fiscal Year 2020-2021 Single Audit Report for the City of Modesto from external auditors Hudson Henderson & Company, Inc.
Consent
22. Consider approving the submission of the City’s Local Transportation Funds Fiscal Year 2021-2022 Claim for Non-Motorized and Other Purposes (bike lanes and pedestrian pathways and local streets and roads interest) in the amount of $503,707 to the Stanislaus Council of Governments (StanCOG) and amending the Fiscal Year 2021-22 Capital Improvement Program Budget in an amount not to exceed $503,707. (Funding Source: Local Transportation Funds)
Resolution approving the submission of the City’s Local Transportation Funds Fiscal Year 2021-2022 Claim for Non-Motorized and Other Purposes (bike lanes and pedestrian pathways and local streets and roads interest) in the amount of $503,707 to the Stanislaus Council of Governments (STANCOG). Resolution amending the Fiscal Year 2021-2022 Capital Improvement Program Budget to fund project #100813, 101383, and 101384 (Virginia Corridor Phase VII, Oakdale Road Improvements, and Sylvan/Standiford PHB's) in an amount not to exceed $503,707 in transfers, revenue, and to budget expenditures to fund the projects, and authorizing the City Manager or his designee, to implement the provisions of this resolution.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Kenoyer/Wright; 7/0) Resolution 2022-130 approving the submission of the City’s Local Transportation Funds Fiscal Year 2021-2022 Claim for Non-Motorized and Other Purposes (bike lanes and pedestrian pathways and local streets and roads interest) in the amount of $503,707 to the Stanislaus Council of Governments (STANCOG).
ACTION: (Kenoyer/Wright; 7/0) Resolution 2022-131 amending the Fiscal Year 2021-2022 Capital Improvement Program Budget to fund project #100813, 101383, and 101384 (Virginia Corridor Phase VII, Oakdale Road Improvements, and Sylvan/Standiford PHB's) in an amount not to exceed $503,707 in transfers, revenue, and to budget expenditures to fund the projects, and authorizing the City Manager or his designee, to implement the provisions of this resolution.
Consent
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23. Consider approving a Resolution authorizing participation in the PARS PostEmployment Benefits Trust Program to be administered by Public Agency Retirement Services (PARS) and U.S. Bank, appointing the City Manager or his designee as the City’s Plan Administrator. (Funding Source: Various Funds) Resolution approving the adoption of the Public Agencies Post-Employment Benefits Trust administered by Public Agency Retirement Services (PARS), appointing the City Manager or his designee as the Plan Administrator and authorizing the City Manager or his designee to execute the documents to implement the Program.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] ACTION: (Kenoyer/Wright; 7/0) Resolution 2022-132 approving the adoption of the Public Agencies Post-Employment Benefits Trust administered by Public Agency Retirement Services (PARS), appointing the City Manager or his designee as the Plan Administrator and authorizing the City Manager or his designee to execute the documents to implement the Program.
Consent
24. Consider approving the Award of Bid and Agreement for Backflow Prevention Testing Services to Dan Ely Backflow Services, Turlock, CA for a two year Agreement with three one-year extension options, for an estimated annual amount of $25,000 and a total amount not to exceed $125,000 over five years. (Funding Source: General Fund, Airport and Centre Plaza Funds)
Resolution approving the Award of Bid and Agreement for Backflow Prevention Testing Services to Dan Ely Backflow Services, Turlock, CA for a two year Agreement with three one-year extension options, for an estimated annual amount of $25,000 and a total amount not to exceed $125,000 over five years, and authorizing the City Manager or his designee, to execute the Agreement.
PRN; Kelly Gallagher, 209-342-2270, [email protected] ACTION: (Kenoyer/Wright; 7/0) Resolution 2022-133 approving the Award of Bid and Agreement for Backflow Prevention Testing Services to Dan Ely Backflow Services, Turlock, CA for a two-year Agreement with three one-year extension options, for an estimated annual amount of $25,000 and a total amount not to exceed $125,000 over five years, and authorizing the City Manager or his designee, to execute the Agreement.
Consent
25. Consider approving the Award of Bid and Agreement for Discing and Flail Mowing Services to Elite Maintenance & Tree Service, Inc., Clovis, CA for a two year Agreement with three one-year extension options, for an annual estimated cost of $151,335 and a total amount not to exceed $756,675 over five years. (Funding Source:
Various Funds)
Resolution approving the Award of Bid and Agreement for Discing and Flail Mowing Services to Elite Maintenance & Tree Service, Inc., Clovis, CA for a two year Agreement with three one-year extension options, for an annual - 12 -
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estimated cost of $151,335 and a total amount not to exceed $756,675 over five years, and authorizing the City Manager or his designee, to execute the Agreement.
PRN; Kelly Gallagher, 209-342-2270, [email protected] ACTION: (Kenoyer/Wright; 7/0) Resolution 2022-134 approving the Award of Bid and Agreement for Discing and Flail Mowing Services to Elite Maintenance & Tree Service, Inc., Clovis, CA for a two-year Agreement with three one-year extension options, for an annual estimated cost of $151,335 and a total amount not to exceed $756,675 over five years, and authorizing the City Manager or his designee, to execute the Agreement.
Removed from Consent
26. Consider approving the First Amendment to the Memorandum of Understanding (MOU) between the La Loma Neighborhood Association and the City of Modesto for the Native Plant Garden on Encina Avenue, and extending the term of the MOU from March 28, 2022 to March 28, 2027. (Funding Source: General Fund) Resolution approving the First Amendment to the Memorandum of Understanding (MOU) between the La Loma Neighborhood Association and the City of Modesto for the Native Plant Garden on Encina Avenue extending the term of the MOU from March 28, 2022 to March 28, 2027, and authorizing the City Manager or his designee, to execute the MOU.
PRN; Laurie Smith, 209-577-5347, [email protected]
ACTION: (Madrigal/Ricci; 6/0; Zoslocki absent) Resolution 2022-135 approving the First Amendment to the Memorandum of Understanding (MOU) between the La Loma Neighborhood Association and the City of Modesto for the Native Plant Garden on Encina Avenue extending the term of the MOU from March 28, 2022 to March 28, 2027, and authorizing the City Manager or his designee, to execute the MOU.
Consent
27. Consider rejecting all bids for the Upgrade Traffic Signals 2017 Project and authorize staff to re-advertise the project for bids at a future date. (Funding Source: Congestion Mitigation and Air Quality)
Resolution rejecting all bids for the Upgrade Traffic Signals 2017 Project and authorizing staff to re-advertise the project for bids at a future date.
PUBLIC WORKS; Scott Collins, 209-577-5431, [email protected] ACTION: (Kenoyer/Wright; 7/0) Resolution 2022-136 rejecting all bids for the Upgrade Traffic Signals 2017 Project and authorizing staff to re-advertise the project for bids at a future date.
Consent
28. Consider approving a First Amendment to the Agreement with West Yost Associates, Inc., Sacramento, CA, for Design Services for Del Rio Replacement Well 271, in the amount of $42,700 for the identified scope of services, for a revised total cost not to exceed $898,390. (Funding Source: Water Fund)
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Resolution approving a First Amendment to the Agreement with West Yost, Sacramento, CA, for Design Services for Del Rio Replacement Well 271, in the amount of $42,700, for the identified scope of services, for a revised total cost not to exceed $898,390, and authorizing the City Manager, or his designee, to execute the Amendment.
UTILITIES; Robert Davalos, 209-571-5869, [email protected] ACTION: (Kenoyer/Wright; 7/0) Resolution 2022-137 approving a First Amendment to the Agreement with West Yost, Sacramento, CA, for Design Services for Del Rio Replacement Well 271, in the amount of $42,700, for the identified scope of services, for a revised total cost not to exceed $898,390, and authorizing the City Manager, or his designee, to execute the Amendment.
Consent
29. Consider approving the Award of Bid and Agreement with Western Oilfields Supply Company, dba Rain for Rent, Bakersfield, CA for the annual rental of three DV-400c pumps, and related equipment for a one-year Agreement with four one-year extension options, for an estimated annual amount of $60,545, and a total amount not to exceed $334,549 over five years. (Funding Source: Wastewater Fund) Resolution approving the Award of Bid and Agreement with Western Oilfields Supply Company, dba Rain for Rent, Bakersfield, CA for the annual rental of three DV-400c pumps, and related equipment for a one-year Agreement with four one-year extension options, for an estimated annual amount of $60,545, and a total amount not to exceed $334,549 over five years, and authorizing the City Manager or his designee, to execute the Agreement.
UTILITIES; Robert Englent, 209-577-6222, [email protected] ACTION: (Kenoyer/Wright; 7/0) Resolution 2022-138 approving the Award of Bid and Agreement with Western Oilfields Supply Company, dba Rain for Rent, Bakersfield, CA for the annual rental of three DV-400c pumps, and related equipment for a one-year Agreement with four one-year extension options, for an estimated annual amount of $60,545, and a total amount not to exceed $334,549 over five years, and authorizing the City Manager or his designee, to execute the Agreement.
COUNCIL COMMENTS & REPORTS
Councilmember Ricci spoke regarding local car dealerships parking inventory on the streets, and asked for an Ordinance that addresses the issue. He also spoke regarding blighted commercial buildings, and asked for an Ordinance to hold landlords accountable.
He also spoke regarding the success of the RAD card, and expressed his hope for long term funding for the program.
Councilmember Madrigal also spoke regarding the RAD card program, and urged for another round of funding for the program. Councilmember Madrigal also asked about an update on video surveillance cameras in blight hotspots being brought to full Council. - 14 -
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ACTION: (Madrigal/Ricci; 2/4; Escutia-Braaton, Kenoyer, Wright, Zwahlen, Noes; Zoslocki absent) Motion to direct staff to place the RAD card program on a future agenda. MOTION FAILED
Mayor Zwahlen spoke regarding a process for Councilmembers to bring items forward at future agendas.
CITY MANAGER COMMENTS & REPORTS
City Manager Joseph Lopez thanked Deputy City Manager, Caluha Barnes, and Chief Information Officer, Charlie Haase for their service to the City and their upcoming retirements.
HEARINGS
Published in the Modesto Bee on February 21, 2022
30. Hearing to consider approving a Capital Facilities Fees Exemption Agreement, in the amount of $55,809.60, with Stanislaus Equity Partners Community Development Corporation for a seven unit project located at 112 James Street. (Funding Source:
Capital Facilities Fees Fund)
Resolution approving a Capital Facilities Fees Exemption Agreement, in the amount of $55,809.60, with Stanislaus Equity Partners CDC for the 7-unit project located at 112 James Street, and authorizing the City Manager or his designee, to execute the Agreement.
CED; Jessica Hill, 209-577-5321, [email protected]
ACTION: (Wright/Madrigal; 6/0; Zoslocki absent) Resolution 2022-139 approving a Capital Facilities Fees Exemption Agreement, in the amount of $55,809.60, with Stanislaus Equity Partners CDC for the 7-unit project located at 112 James Street, and authorizing the City Manager or his designee, to execute the Agreement.
31. Public Hearing to adopt the Final Council District Map Recommended by the Citizens’ Districting Commission. (Funding Source: Not Applicable) Resolution approving the Final Council District Map recommended by the Citizens’ Districting Commission.
CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2022-140 approving the Final Council District Map recommended by the Citizens’ Districting Commission.
NEW BUSINESS
32. Consider approving accepting funds from the California Water and Wastewater Arrearage Payment Program (CWWAPP) for drinking water arrearage in an amount not to exceed $2,716,416 and authorizing the submission of an application to the CWWAPP for the wastewater arrearage amount estimated at $4,215,784. (Funding - 15 -
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Source: Water and Sewer Funds)
Resolution accepting the funds from the California Water and Wastewater Arrearage Payment Program (CWWAPP) for drinking water arrearage in an amount not to exceed $2,716,416; and authorizing the submission of an application to the CWWAPP for the wastewater arrearage amount estimated at $4,215,784.
FINANCE DEPARTMENT; Jennifer Martin, 209-571-5892, [email protected] ACTION: (Wright/Escutia-Braaton; 6/0; Zoslocki absent) Resolution 2022-141 accepting the funds from the California Water and Wastewater Arrearage Payment Program (CWWAPP) for drinking water arrearage in an amount not to exceed $2,716,416; and authorizing the submission of an application to the CWWAPP for the wastewater arrearage amount estimated at $4,215,784.
MATTERS TOO LATE FOR THE AGENDA
None
ADJOURNMENT
This meeting adjourned at 9:03 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, MARCH 8, 2022 at 4:00 PM
and after the regularly scheduled meeting in the Tenth Street Place, Chambers Conference Room, Basement Level, 1010 Tenth Street, Modesto, California.
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
PUBLIC EMPLOYEE APPOINTMENT
(Pursuant to Section 54957 Government Code)
Title: City Clerk
CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – Unrepresented Agency Negotiators: Christina Alger, Director of Human Resources Jose M. Sanchez, City Attorney
Employee: City Clerk
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
One Case (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
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(a) of the Government Code) Name of case(s): Andre VanRyn v. City of Modesto
California Workers Compensation Appeals Board
Nos. ADJ10990424
CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCEA Negotiator: Christina Alger
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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
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