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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, May 03, 2022 at 5:30 PM
Roll Call: Councilmembers, Kenoyer, Madrigal (arrived at 5:45 pm), Ricci, Wright, Mayor Zwahlen
Absent: Councilmember Escutia-Braaton
Pledge of Allegiance to the Flag
Invocation: Marvin Jacobo, City Ministry Network
City Clerk’s Announcements: No email correspondence was received.
Declaration of Conflicts of Interest: None
Reports from Closed Session: None
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Stanislaus County Update (Funding Source: Not Applicable) CITY MANAGER; Joseph Lopez, 209-577-5553, [email protected] ACTION: Mani Grewal, Stanislaus County Board of Supervisor provided a County update. He reported that this morning the Board of Supervisors terminated the community benefit fee for commercial cannabis businesses which is more in line with what Modesto does and allows for in kind donations in lieu of a fee. He further provided the County’s budget schedule. Also, this morning the County Board of - 2 -
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Supervisors proclaimed May as Older Americans Month and Mental Health Month.
Additionally, the Board of Supervisors are going on a roadshow this Thursday and will visit County islands and pockets that are in need of infrastructure improvements. An additional tour will be held on May 16th from 12:00 pm to 5:00 pm.
2. Presentation of Proclamation recognizing May 5, 2022 in Celebration of Cinco de Mayo. (Funding Source: Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected] ACTION: Mayor Zwahlen read the proclamation into the record.
3. Presentation of Proclamation proclaiming May 2022 as Asian American, Native Hawaiian, and Pacific Islander (AANHPI) Heritage Month. (Funding Source: Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected] ACTION: Mayor Zwahlen presented a proclamation declaring May 2022 as Asian American, Native Hawaiian, and Pacific Islander (AANHPI) Heritage Month.
4. Presentation of Proclamation proclaiming May 2022 as Mental Health Awareness Month. (Funding Source: Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected] ACTION: Mayor Zwahlen presented a proclamation declaring May 2022 as Mental Health Awareness Month.
5. Presentation of Proclamation proclaiming May 2022 Older Americans Month. (Funding Source: Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected] ACTION: Mayor Zwahlen presented a proclamation declaring May 2022 Older Americans Month.
6. Presentation of Proclamation proclaiming May 2-6, 2022 as Public Service Recognition Week. (Funding Source: Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected] ACTION: Mayor Zwahlen presented a proclamation declaring May 2-6, 2022 as Public Service Recognition Week.
MISCELLANEOUS
7. Consider accepting the resignation of Will Crew from the City’s Landmark Preservation Commission. (Funding Source: Not Applicable) Staff Recommendation:
Resolution accepting the resignation of Will Crew from the City of Modesto - 3 -
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Landmark Preservation Commission.
CED; Steve Mitchell, 209-577-5267, [email protected] ACTION: (Madrigal/Kenoyer; 5/0; Escutia-Braaton Absent) Resolution 2022-199 accepting the resignation of Will Crew from the City of Modesto Landmark Preservation Commission.
PUBLIC COMMENT PERIOD
Julius Young spoke regarding a recent licensing issue he brought up during the previous Council meeting. He commented that the fee issue was resolved. He thanked the Council and staff for the prompt response and resolving the issue. Jack Fahe, commented on the “Star Wars Day” event that will be held on May 4th Downtown Modesto. He encouraged everybody interested in the event to attend. Emerson Drake spoke regarding the timer for public speakers and that the allowed time to speak should be equitable to all. He further commented about the release of documents from the Supreme Court.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS 8-21: (Kenoyer/Wright; 5/0; Escutia-Braaton absent)
CONSENT ITEMS
Consent
8. Consider approving the minutes from the April 12, 2022 Council Meeting. (Funding Source: Not Applicable)
Motion approving the minutes from the April 12, 2022 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Kenoyer/Wright; 5/0; Escutia-Braaton Absent) Motion approving the minutes from the April 12, 2022 Council Meeting.
Consent
9. 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: (Kenoyer/Wright; 5/0; Escutia-Braaton Absent) Resolution 2022-200 continuing to authorize remote teleconference meetings of the City of Modesto pursuant to Assembly Bill 361.
Consent
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10. Consider approving a Second Amendment to the Second Restated Legal Services Agreement with Arata, Swingle, Van Egmond & Heitlinger in the amount of $250,000, for a total not to exceed amount of $750,000, and a Third Amendment to the Legal Services Agreement with Bartkiewicz, Kronick & Shanahan P.C. in the amount of $75,000, for a total not to exceed amount of $217,300 for continued representation. (Funding Source: General Liability Insurance Fund and Water Funds) Resolution approving a Second Amendment to the Second Restated Legal Services Agreement with Arata, Swingle, Van Egmond & Heitlinger in the amount of $250,000, for a total not to exceed amount of $750,000 to continue representing the City of Modesto in tort cases, and authorizing the City Manager or his designee, to execute the Agreement.
Resolution approving a Third Amendment to the Legal Services Agreement for Bartkiewicz, Kronick & Shanahan P.C. in the amount of $75,000, for a total not to exceed of $217,300, for continued representation and authorizing the City Manager or his designee, to execute the Agreement.
CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected] ACTION: (Kenoyer/Wright; 5/0; Escutia-Braaton Absent) Resolution 2022-201 approving a Second Amendment to the Second Restated Legal Services Agreement with Arata, Swingle, Van Egmond & Heitlinger in the amount of $250,000, for a total not to exceed amount of $750,000 to continue representing the City of Modesto in tort cases, and authorizing the City Manager or his designee, to execute the Agreement.
ACTION: (Kenoyer/Wright; 5/0; Escutia-Braaton Absent) Resolution 2022-202 approving a Third Amendment to the Legal Services Agreement for Bartkiewicz, Kronick & Shanahan P.C. in the amount of $75,000, for a total not to exceed of $217,300, for continued representation and authorizing the City Manager or his designee, to execute the Agreement.
Consent
11. Consider approving a Second Amendment to the Joint Exercise of Powers Agreement between the City of Modesto and the County of Stanislaus, amending sections related to the Commission Members and the Dispatch Advisory Board and Technical Advisory Committee, and appointing the Modesto Fire Chief to serve as the City’s additional member, and the Modesto Police Chief as their alternate, on the Consolidated Emergency Dispatch Agency Commission. (Funding Source: Not applicable) Resolution approving a Second Amendment to the Joint Exercise of Powers Agreement between the City of Modesto and the County of Stanislaus for Emergency Dispatch Services amending sections related to the Commission Members and the Dispatch Advisory Board and Technical Advisory Committee, authorizing the City Manager, or his designee to execute the amendment and appointing the Modesto Fire Chief as the City’s Additional Member, and Modesto Police Chief as their alternate, to the Commission.
CITY MANAGER; Scotty Douglass, 209-577-9149, [email protected] ACTION: (Kenoyer/Wright; 5/0; Escutia-Braaton Absent) Resolution 2022-203 approving a Second Amendment to the Joint Exercise of Powers Agreement between the City - 5 -
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of Modesto and the County of Stanislaus for Emergency Dispatch Services amending sections related to the Commission Members and the Dispatch Advisory Board and Technical Advisory Committee, authorizing the City Manager, or his designee to execute the amendment and appointing the Modesto Fire Chief as the City’s Additional Member, and Modesto Police Chief as their alternate, to the Commission.
Consent
12. Consider accepting the Monthly Investment Report for February 2022. (Funding Source: Various Funds)
Motion accepting the Monthly Investment Report for February 2022.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
ACTION: (Kenoyer/Wright; 5/0; Escutia-Braaton Absent) Motion accepting the Monthly Investment Report for February 2022.
Consent
13. Consider accepting an informational report for the March 2022 Accounts Payable Payment Register and Void report. (Funding Source: Not Applicable) Motion accepting an informational report for the March 2022 Accounts Payable Payment Register and Void report.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Kenoyer/Wright; 5/0; Escutia-Braaton Absent) Motion accepting an informational report for the March 2022 Accounts Payable Payment Register and Void report.
Consent
14. Consider accepting the Transportation Development Act Triennial Performance Audit conducted by the Stanislaus Council of Governments for transit operations and capital expenses. (Funding Source: Transit Funds)
Resolution accepting the Transportation Development Act Triennial Performance Audit conducted by the Stanislaus Council of Governments for transit operations and capital expenses.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Kenoyer/Wright; 5/0; Escutia-Braaton Absent) Resolution 2022-204 accepting the Transportation Development Act Triennial Performance Audit conducted by the Stanislaus Council of Governments for transit operations and capital expenses.
Consent
15. Consider approving a renewal Agreement with ZOLL Data Systems, Inc. for hosted server services for both ePCR and FireRMS records management and reporting software, in an annual estimated amount of $77,124, with a one-time ePCR implementation fee of $7,500, for a total three-year Agreement not to exceed $238,872. - 6 -
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(Funding Source: General Fund)
Resolution approving a renewal Agreement with ZOLL Data Systems, Inc. for hosted server services for both ePCR and FireRMS records management and reporting software, in an annual estimated amount of $77,124, with a one-time ePCR implementation fee of $7,500, for a total three-year Agreement not to exceed $238,872 and authorizing the City Manager, or his designee, to execute the Agreement.
FIRE DEPARTMENT; Alan Ernst, 209-572-9590, [email protected] ACTION: (Kenoyer/Wright; 5/0; Escutia-Braaton Absent) Resolution 2022-205 approving a renewal Agreement with ZOLL Data Systems, Inc. for hosted server services for both ePCR and FireRMS records management and reporting software, in an annual estimated amount of $77,124, with a one-time ePCR implementation fee of $7,500, for a total three-year Agreement not to exceed $238,872 and authorizing the City Manager, or his designee, to execute the Agreement.
Consent
16. Consider approving the donation of Canine Fuse from Thor’s Hope Foundation, for use as a facility dog for the City of Modesto Fire Department, for an estimated initial cost of $287, and an estimated annual cost of $3,337. (Funding Source: General Fund) Resolution approving the donation of Canine Fuse from Thor’s Hope Foundation, for use as a facility dog for the City of Modesto Fire Department, for an estimated initial cost of $287, and an estimated annual cost of $3,337.
FIRE DEPARTMENT; Alan Ernst, 209-572-9590, [email protected] ACTION: (Kenoyer/Wright; 5/0; Escutia-Braaton Absent) Resolution 2022-206 approving the donation of Canine Fuse from Thor’s Hope Foundation, for use as a facility dog for the City of Modesto Fire Department, for an estimated initial cost of $287, and an estimated annual cost of $3,337.
Consent
17. Consider approving the submission of an application for the Fiscal Year 2022-2023 Cal Fire Rural Fire Capacity (RFC) Program Grant, in an amount that will not exceed $40,000, which includes a 50% local match, for the procurement of wildland firefighting equipment. (Funding Source: General Fund)
Resolution approving the submission of an application for the Fiscal Year 2022-2023 Cal Fire Rural Fire Capacity (RFC) Program Grant, in an amount that will not exceed $40,000, which includes a 50% local match, for the procurement of wildland firefighting equipment.
FIRE DEPARTMENT; Alan Ernst, 209-572-9590, [email protected] ACTION: (Kenoyer/Wright; 5/0; Escutia-Braaton Absent) Resolution 2022-207 approving the submission of an application for the Fiscal Year 2022-2023 Cal Fire Rural Fire Capacity (RFC) Program Grant, in an amount that will not exceed $40,000, which includes a 50% local match, for the procurement of wildland firefighting equipment. - 7 -
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Consent
18. Consider approving the award of proposal and Agreement for citywide regulatory safety training and consultation to NATEC International, Inc., Anaheim, California, for a two-year Agreement with three one-year extension options, for an annual cost not to exceed $115,000 and a total amount not to exceed $575,000 over five years. (Funding Source: Various Funds)
Resolution approving the award of proposal and Agreement for Citywide Safety Consultation and Training Services to NATEC International, Inc., Anaheim, California, for a two-year Agreement with three one-year extension options, for an annual estimated cost of $115,000, and a total amount not to exceed $575,000 over five years; and authorizing the City Manager, or his designee, to execute the Agreement.
HUMAN RESOURCES; Nick Panos, 209-577-5466, [email protected] ACTION: (Kenoyer/Wright; 5/0; Escutia-Braaton Absent) Resolution 2022-208 approving the award of proposal and Agreement for Citywide Safety Consultation and Training Services to NATEC International, Inc., Anaheim, California, for a two-year Agreement with three one-year extension options, for an annual estimated cost of $115,000, and a total amount not to exceed $575,000 over five years; and authorizing the City Manager, or his designee, to execute the Agreement.
Consent
19. Consider approving lease Agreements between the City of Modesto and Del Rio CC Foundation (First Tee – Central Valley) and City of Modesto and the Boys and Girls Clubs of Stanislaus County for lease of property located on Roselawn Avenue (APNs 037-036-007 and 037-051-001) for operation of youth programming. (Funding Source:
CBDG)
Resolution approving lease Agreements between the City of Modesto and Del Rio CC Foundation (First Tee – Central Valley) and the City of Modesto and the Boys and Girls Clubs of Stanislaus County for lease of property located on Roselawn Avenue (APNs 037-036-007 and 037-051-001) for operation of youth programming, and authorizing the City Manager, or his designee to execute the lease Agreements.
PRN; Laurie Smith, 209-577-5347, [email protected]
ACTION: (Kenoyer/Wright; 5/0; Escutia-Braaton Absent) Resolution 2022-209 approving lease Agreements between the City of Modesto and Del Rio CC Foundation (First Tee – Central Valley) and the City of Modesto and the Boys and Girls Clubs of Stanislaus County for lease of property located on Roselawn Avenue (APNs 037-036-007 and 037-051- 001) for operation of youth programming, and authorizing the City Manager, or his designee to execute the lease Agreements.
Consent
20. Consider approving the list of projects to be funded with Road Repair and Accountability Act tax proceeds in Fiscal Year 2022-2023. (Funding Source: Senate - 8 -
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Bill 1 funds)
Resolution approving the list of projects to be funded with Road Repair and Accountability Act proceeds in Fiscal Year 2022-2023
PUBLIC WORKS; Steve Fischio, 209-342-2222, [email protected] ACTION: (Kenoyer/Wright; 5/0; Escutia-Braaton Absent) Resolution 2022-210 approving the list of projects to be funded with Road Repair and Accountability Act proceeds in Fiscal Year 2022-2023
Consent
21. Consider approving an Agreement for the purchase of Reuse Water from the Turlock Irrigation District. (Funding Source: Wastewater Fund)
Resolution approving an Agreement for the purchase of Reuse Water from the Turlock Irrigation District and authorizing the City Manager, or his designee, to execute the Agreement.
UTILITIES; Ben Koehler, 209-342-4502, [email protected] ACTION: (Kenoyer/Wright; 5/0; Escutia-Braaton Absent) Resolution 2022-211 approving an Agreement for the purchase of Reuse Water from the Turlock Irrigation District and authorizing the City Manager, or his designee, to execute the Agreement.
COUNCIL COMMENTS & REPORTS
Councilmember Ricci reported on the Star Wars event that will be held on May 4th and he encouraged the public to attend. He further commented on the budget conversations held last week. He commented that City Manager, Joe Lopez’s speech on the state of the city budget is really important and he encourages everyone to watch and listen to it. It’s transparent and it’s time that they really look at the reality of the budget. The people in the city need to know why there is no funding for the parks that are in disarray, along with the bathrooms in parks and why trees did not get pruned for a decade. He hopes this discussion is shared with the public and they start thinking about solutions.
Councilmember Kenoyer thanked Councilmember Ricci for his comments. She agrees with his statement about the City Manager's comments regarding the state of the city budget.
Councilmember Madrigal invited the public to attend the annual Cinco De Mayo Parade that will be held this Saturday, May 7th 11:00 am to 1:00 pm in South Modesto on Crows Landing Road and is sponsored by South Modesto Businesses United (SMBU). This is the first time that the parade is back on after COVID. Councilmember Madrigal also served as a volunteer board member with the SMBU. This is a free community event.
Please call 209-883-8760 for more information or visit the SMBU Instagram or Facebook pages.
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CITY MANAGER COMMENTS & REPORTS
None.
NEW BUSINESS
22. Consider approving the rehire of Michael Bumanlag on a part-time basis for a limited duration of up to three months for the purposes of providing critical software support to ensure the public can be provided service without interruption and overseeing the training and transfer of knowledge to his replacement for a cost not to exceed $25,000. (Funding Source: Information Technology Fund)
Resolution approving the rehire of Michael Bumanlag on a part-time basis for a limited duration of up to three months for the purposes of providing critical software support to ensure the public can be provided service without interruption and overseeing the training and transfer of knowledge to his replacement for a cost not to exceed $25,000.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] ACTION: (Wright/Kenoyer; 5/0; Escutia-Braaton Absent) Resolution 2022-212 approving the rehire of Michael Bumanlag on a part-time basis for a limited duration of up to three months for the purposes of providing critical software support to ensure the public can be provided service without interruption and overseeing the training and transfer of knowledge to his replacement for a cost not to exceed $25,000.
23. Consider an ordinance approving the Modesto Police Department Military Equipment Use Policy 710 in accordance with Assembly Bill (AB) 481. (Funding Source: Not Applicable)
Motion introducing and waiving the first reading of an Ordinance approving the Modesto Police Department Military Equipment Use Policy 710 in accordance with Assembly Bill (AB) 481.
POLICE DEPARTMENT; Jason Grogan, 209-572-9500, [email protected] ACTION: (Wright/Zwahlen; 5/0; Escutia-Braaton Absent) Motion introducing and waiving the first reading of an Ordinance approving the Modesto Police Department Military Equipment Use Policy 710 in accordance with Assembly Bill (AB) 481.
MATTERS TOO LATE FOR THE AGENDA
None.
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ADJOURNMENT
The meeting adjourned at 6:40 pm.
Attest:____________________________
Diane Nayares-Perez, CMC, City
Clerk