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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 24, 2022 at 5:30 PM
Roll Call - Councilmembers Escutia-Braaton, Kenoyer, Madrigal, Ricci, Wright, Mayor Zwahlen
Pledge of Allegiance to the Flag
Invocation: Mark Krieger, Modesto Covenant Church
City Clerk’s Announcements City Clerk reported, 1) No email correspondence was received and 2) Item 1 Appointments to the Standing Committees and City Council Liaison Committees has been amended to include Councilmember Rosa Escutia-Braaton and Mayor Sue Zwahlen as Alternates to the StanCOG Executive Committee.
Declaration of Conflicts of Interest - Councilmember Ricci recused himself from item 6.
Reports from Closed Session - City Attorney Sanchez reported that no reportable action was taken.
MISCELLANEOUS
1. Consider approving the Mayor’s appointments to the City of Modesto Standing Committees, and City Council Liaison Committees. (Funding Source: Not Applicable) Staff Recommendation:
Motion approving the appointments to the Standing Committees and City Council Liaison Committees.
CITY MANAGER; Allison Van Guilder, 209-577-5228, [email protected] - 2 -
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ACTION: (Wright/Escutia-Braaton; 6/0) Motion approving the appointments to the Standing Committees and City Council Liaison Committees.
2. Consider accepting the resignation of Lynn Dickerson from the City’s Blight Abatement Advisory Committee. (Funding Source: Not Applicable) Staff Recommendation:
Resolution accepting the resignation of Lynn Dickerson from the City of Modesto Blight Abatement Advisory Committee.
CITY MANAGER; Scotty Douglass, 209-577-9149, [email protected] ACTION: (Wright/Escutia-Braaton; 6/0) Resolution 2022-230 accepting the resignation of Lynn Dickerson from the City of Modesto Blight Abatement Advisory Committee.
3. Consider approving the appointment of Matthew Speckman to the Stanislaus Animal Services Agency Advisory Committee. (Funding Source: Not Applicable) Staff Recommendation:
Resolution approving the appointment of Matthew Speckman to the Stanislaus Animal Services Agency Advisory Committee for a 2-year term beginning June 1, 2022.
CITY MANAGER; Scotty Douglass, 209-577-9149, [email protected] ACTION: (Wright/Escutia-Braaton; 6/0) Resolution 2022-231 approving the appointment of Matthew Speckman to the Stanislaus Animal Services Agency Advisory Committee for a 2-year term beginning June 1, 2022.
PUBLIC COMMENT PERIOD
Jeremiah Williams asked for a moment of silence in honor of the recent passing of Sean Harrison.
Bret Burnside, from the Modesto Kiwanis thanked Council for their support with the Graffiti Parade.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS 4, 5, 7-14: (Kenoyer/Wright; 6/0)
CONSENT ITEMS
Consent
4. Consider approving the minutes from the May 10, 2022 Council Meeting. (Funding Source: Not Applicable)
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Motion approving the minutes from the May 10, 2022 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Kenoyer/Wright; 6/0) Motion approving the minutes from the May 10, 2022 Council Meeting.
Consent
5. 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; 6/0) Resolution 2022-232 continuing to authorize remote teleconference meetings of the City of Modesto pursuant to Assembly Bill 361.
Removed from Consent
6. Consider approving the First Amendment with TBWBH Props & Measures, San Francisco, CA for City of Modesto Professional Polling/Public Opinion Research Services, increasing the scope of services to include Task 2 to increase the Agreement by $114,634 including a 5% contingency, from $49,263 for a new estimated total amount not to exceed $163,897. (Funding Source: General Fund) Resolution approving the First Amendment with TBWBH Props & Measures, San Francisco, CA for City of Modesto Professional Polling/Public Opinion Research Services, increasing the scope of services to include Task 2 to increase the Agreement by $114,634 including a 5% contingency, from $49,263 for a new estimated total not to exceed an amount of $163,897 and authorizing the City Manager, or his designee, to execute the Amendment.
FIANANCE; Steve Christensen, 209-577-5390, [email protected] ACTION: (Kenoyer/Wright; 5/0; Ricci Recuse) Resolution 2022-233 approving the First Amendment with TBWBH Props & Measures, San Francisco, CA for City of Modesto Professional Polling/Public Opinion Research Services, increasing the scope of services to include Task 2 to increase the Agreement by $114,634 including a 5% contingency, from $49,263 for a new estimated total not to exceed an amount of $163,897 and authorizing the City Manager, or his designee, to execute the Amendment.
Consent
7. Consider approving an Equipment Use and Broadcasting Agreement with Central Valley Media Center MyTV26 for the purchase and lease of a TelVue HyperCaster AIO B2000-4+ Digital Broadcast Server from TelVue Corporation, for an amount of $33,236 plus $3,324 in contingency for a total amount not to exceed $36,560, amending the Fiscal Year 2021-22 Annual Operating Budget to increase the expenditure budget in the Public Educational and Governmental Fund cost center in the amount of $36,560 to fund the purchase of the server and authorizing the City Manager - 4 -
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to negotiate and execute the final terms of the Agreement with Central Valley Media MyTV26. (Funding Source: Public, Education, and Government (PEG) Funds) Resolution approving an Equipment Use and Broadcasting Agreement with Central Valley Media Center MyTV26 for the purchase and lease of a TelVue HyperCaster AIO B2000-4+ Digital Broadcast Server from TelVue Corporation, for an amount of $33,236 plus $3,324 in contingency for a total amount not to exceed $36,560, and authorizing the City Manager to negotiate and execute the final terms of the Agreement with Central Valley Media MyTV26.
Resolution amending the Fiscal Year 2021-22 Annual Operating Budget to increase the expenditure budget in the Public Educational and Governmental Fund cost center in the amount of $36,560 to fund the purchase of the server and authorizing the City Manager or his designee, to take the necessary steps to implement the provisions of this resolution.
FINANCE; Steve Christensen, 209-577-5390, [email protected] ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-234 approving an Equipment Use and Broadcasting Agreement with Central Valley Media Center MyTV26 for the purchase and lease of a TelVue HyperCaster AIO B2000-4+ Digital Broadcast Server from TelVue Corporation, for an amount of $33,236 plus $3,324 in contingency for a total amount not to exceed $36,560, and authorizing the City Manager to negotiate and execute the final terms of the Agreement with Central Valley Media MyTV26.
ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-235 amending the Fiscal Year 2021-22 Annual Operating Budget to increase the expenditure budget in the Public Educational and Governmental Fund cost center in the amount of $36,560 to fund the purchase of the server and authorizing the City Manager or his designee, to take the necessary steps to implement the provisions of this resolution.
Consent
8. Consider amending the City’s Community Facilities Districts (CFDs) Policies and Procedures; authorizing the City Council to establish inter-fund loans from the General Fund up to $450,000 for the formation of future City CFDs; and authorizing the City Manager to carry out the necessary budget adjustments to implement the inter-fund loans for CFD formations up to the total amount of $450,000 to implement the action authorized by the City Council (Funding Source: General Fund) Resolution amending the City’s Community Facilities Districts (CFDs) Policies and Procedures, authorizing the City Council to establish inter-fund loans from the General Fund up to $450,000 for the formation of future City CFDs; and authorizing the City Manager to carry out the necessary budget adjustments to implement the inter-fund loans for CFD formations up to the total amount of $450,000 to implement the action authorized by the City Council.
CED; Jessica Hill, 209-577-5321, [email protected]
ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-236 amending the City’s Community Facilities Districts (CFDs) Policies and Procedures, authorizing the City - 5 -
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Council to establish inter-fund loans from the General Fund up to $450,000 for the formation of future City CFDs; and authorizing the City Manager to carry out the necessary budget adjustments to implement the inter-fund loans for CFD formations up to the total amount of $450,000 to implement the action authorized by the City Council.
Consent
9. Consider approving the Award of Proposal and Agreement for Community Facilities Districts (CFDs) Administration Services to Goodwin Consulting Group, for a twoyear Agreement with three one-year extension options, for an annual estimated amount of $90,000 and a total amount not to exceed $450,000 over five years. (Funding Source: Various Community Facilities Districts)
Resolution approving the Award of Proposal and Agreement for Community Facilities Districts (CFDs) Administration Services to Goodwin Consulting Group, for a two-year Agreement with three one-year extension options, for an annual estimated amount of $90,000 and a total amount not to exceed $450,000 over five years, and authorizing the City Manager, or his designee, to execute the Agreement.
CED; Jessica Hill, 209-577-5321, [email protected]
ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-237 approving the Award of Proposal and Agreement for Community Facilities Districts (CFDs) Administration Services to Goodwin Consulting Group, for a two-year Agreement with three one-year extension options, for an annual estimated amount of $90,000 and a total amount not to exceed $450,000 over five years, and authorizing the City Manager, or his designee, to execute the Agreement.
Consent
10. Consider approving a two-year Agreement with Stanislaus County Behavioral Health and Recovery Services for the provision of a series of 40-hour Crisis Intervention and De-Escalation Training classes for an amount not to exceed $116,800. (Funding Source: Grants - Police)
Resolution approving a two-year Agreement with Stanislaus County Behavioral Health and Recovery Services for the provision of a series of 40-hour Crisis Intervention and De-Escalation Training classes for an amount not to exceed $116,800, and authorizing the City Manager, or his designee, to execute the Agreement.
POLICE DEPARTMENT; Chris Adams, 209-572-9500, [email protected] ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-238 approving a two-year Agreement with Stanislaus County Behavioral Health and Recovery Services for the provision of a series of 40-hour Crisis Intervention and De-Escalation Training classes for an amount not to exceed $116,800, and authorizing the City Manager, or his designee, to execute the Agreement.
Consent
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11. Consider approving the addition of the Sacramento Police Academy to the agencies authorized to furnish Police Officer Standards and Training Academy services and increase the estimated annual cost by $25,000 to a new total of $125,000 and the total amount not to exceed to $625,000 over five years, and rescinding Resolution No. 2021- 066. (Funding Source: General Fund)
Resolution approving the addition of the Sacramento Police Academy to the agencies authorized to furnish Police Officer Standards and Training Academy services and increase the estimated annual cost by $25,000 to a new total of $125,000, and the total amount not to exceed to $625,000 over five years, and rescinding Resolution No. 2021-066.
POLICE DEPARTMENT; Chris Adams, 209-572-9500, [email protected] ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-239 approving the addition of the Sacramento Police Academy to the agencies authorized to furnish Police Officer Standards and Training Academy services and increase the estimated annual cost by $25,000 to a new total of $125,000, and the total amount not to exceed to $625,000 over five years, and rescinding Resolution No. 2021-066.
Consent
12. Consider approving the City’s sponsorship of the 23rd Annual 2022 North Modesto Kiwanis Graffiti Parade and Car Show, including the waiver of City permit fees, Police Department overtime and vehicle costs, and Streets Division labor and equipment costs at an estimated cost of $82,430. (Funding Source: Surface Transportation Fund and General Fund)
Resolution approving the City of Modesto sponsorship of the 23rd Annual 2022 North Modesto Kiwanis Graffiti Parade and Car show, including a waiver of City permit fees, Police Department overtime and vehicle costs, and Streets Division labor and equipment costs at an estimated total cost of $82,430, and authorizing the City Manager, or his designee, to execute any documents necessary related to the sponsorship.
PUBLIC WORKS; Steve Fischio, 209-342-2222, [email protected] ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-240 approving the City of Modesto sponsorship of the 23rd Annual 2022 North Modesto Kiwanis Graffiti Parade and Car show, including a waiver of City permit fees, Police Department overtime and vehicle costs, and Streets Division labor and equipment costs at an estimated total cost of $82,430, and authorizing the City Manager, or his designee, to execute any documents necessary related to the sponsorship.
Consent
13. Consider accepting the Del Rio Well 70 (Replacing Well 271) Surface Improvements Project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $2,444,787 to Conco-West, Inc., of Manteca, California. (Funding Source: Water Fund-CIP) Resolution accepting the Del Rio Well 70 (Replacing Well 271) Surface Improvements as complete, authorizing all necessary steps to file with the - 7 -
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County Recorder, releasing securities, and releasing payments totaling $2,444,787 to Conco-West, Inc. of Manteca, CA.
UTILITIES; Jesse Franco, 209-571-5175, [email protected] ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-241 accepting the Del Rio Well 70 (Replacing Well 271) Surface Improvements as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $2,444,787 to Conco-West, Inc. of Manteca, CA.
Consent
14. Consider accepting the Rebid Codoni Lift Station Force Main Replacement Project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $242,334 to Rolfe Construction Company, Inc., of Atwater, CA. (Funding Source: Wastewater Fund) Resolution accepting the Rebid Codoni Lift Station Force Main Replacement Project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $242,334 to Rolfe Construction Company, Inc., of Atwater, CA.
UTILITIES; Jesse Franco, 209-571-5175, [email protected] ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-242 accepting the Rebid Codoni Lift Station Force Main Replacement Project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $242,334 to Rolfe Construction Company, Inc., of Atwater, CA.
COUNCIL COMMENTS & REPORTS
Vice Mayor Wright reported on the great time had this Sunday afternoon at the City’s annual Porchfest. It was a great event with good music at many neighborhoods. He thanked those that help with the event. He also attended the Special Olympics with the Mayor and wanted to recognize Sean Hicks, representing Stanislaus County who made state finals.
Councilmember Ricci also commented on the annual Porchfest event. It was a great event that showcases Modesto and it’s the kind of event the City should be promoting. He also spoke about the homeless situation and that they have to try new strategies to address homelessness.
Councilmember Escutia-Braaton reported that last week she attended the Mayor in the Park event that was held in her District. The Mayor is hosting Mayor in the Park events throughout the City. The Parks and Recreation Department was highlighted at the recent event. Helmets, tshirts and popcorn were distributed and community members were able to ask questions about the many parks in Modesto. She also reported, that as a member of StanCOG she attended a California Transportation Commission Meeting (CTC). She reported on the role and importance of the CTC.
Mayor Zwahlen commented on the Mayor in the Park event. She thanked Safe Kids Stanislaus for providing and distributing free helmets. The goal of Safe Kids Stanislaus is dedicated to the - 8 -
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prevention of unintentional childhood accidents. She also attended the Special Olympics at Gregory High and the Miracle League at Big Valley Grace that is designed for children with special needs. It was inspiring to watch the children participate and the joy they expressed.
Councilmember Madrigal reported on attending the League of California Cities – Central Valley Board Meeting where a vote was taken to consider endorsing or not the California Plastic Pollution Reduction and Recycling Act ballot measure. He also reported on attending the Forward Together Community Meeting at King Kennedy Memorial Center in West Modesto.
There was good community input and stated he would like to see more of those meetings in English and Spanish as well as other languages.
CITY MANAGER COMMENTS & REPORTS
City Manager Lopez introduced and welcomed the City’s New Chief Information Officer - Scott Conn. He also acknowledged Kevin Harless who did a great job as the interim.
HEARINGS
Published in the Modesto Bee on May 9, 2022
15. Hearing to consider approving a Capital Facilities Fees Exemption Agreement, in the amount of $62,100, with Stanislaus County Affordable Housing Corporation (STANCO) for a six-unit project located at 835 California Avenue. (Funding Source:
Capital Facilities Fees Fund)
Resolution approving a Capital Facilities Fees Exemption Agreement, in the amount of $62,100, with Stanislaus County Affordable Housing Corporation for the six-unit project located at 835 California Avenue, and authorizing the City Manager, or his designee, to execute the Agreement.
CED; Jessica Hill, 209-577-5321, [email protected]
ACTION: (Escutia-Braaton/Wright; 6/0) Resolution 2022-243 approving a Capital Facilities Fees Exemption Agreement, in the amount of $62,100, with Stanislaus County Affordable Housing Corporation for the six-unit project located at 835 California Avenue, and authorizing the City Manager, or his designee, to execute the Agreement.
Published in Modesto Bee on May 9, 2022.
16. Hearing to consider approving the City of Modesto HOME-American Rescue Plan (ARP) as the Program Year 2021-2022 Annual Action Plan Amendment #1, accepting the HOME-ARP grant in the amount of $3,409,774, and amending the Fiscal Year 2021-2022 Multi-Year Fund Budget to program the HOME-ARP grant funds awarded to the City of Modesto. (Funding Source: HOME-ARP Grant Funds) Resolution approving the City of Modesto HOME-American Rescue Plan as the Program Year 2021-2022 Annual Action Plan Amendment #1 and accepting the HOME-ARP grant in the amount of $3,409,774, and authorizing - 9 -
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the City Manager, or his designee, to negotiate and execute any forms related to the acceptance of this grant.
Resolution amending the Fiscal Year 2021-2022 Multi-Year Fund Budget, amending the allocation of American Rescue Plan Act of 2021 HOME grant funds in the amount of $3,409,774 with the appropriate revenue and expenditure allocations and authorizing the City Manager, or his designee to accept the Federal Grant Funds and to take the necessary steps to implement the provisions of this resolution.
CED; Jessica Hill, 209-577-5321, [email protected]
ACTION: (Wright/Ricci; 6/0) Resolution 2022-244 approving the City of Modesto HOME-American Rescue Plan as the Program Year 2021-2022 Annual Action Plan Amendment #1 and accepting the HOME-ARP grant in the amount of $3,409,774, and authorizing the City Manager, or his designee, to negotiate and execute any forms related to the acceptance of this grant.
ACTION: (Wright/Ricci; 6/0) Resolution 2022-245 amending the Fiscal Year 2021- 2022 Multi-Year Fund Budget, amending the allocation of American Rescue Plan Act of 2021 HOME grant funds in the amount of $3,409,774 with the appropriate revenue and expenditure allocations and authorizing the City Manager, or his designee to accept the Federal Grant Funds and to take the necessary steps to implement the provisions of this resolution.
Published in the Modesto Bee on April 24, 2022.
17. Hearing to approve the City of Modesto Program Year 2022-2023 Annual Action Plan and amending the City of Modesto’s Fiscal Year 2022-2023 annual operating, multiyear and capital improvement project budgets to reflect the allocation of funds outlined in the program year 2022-2023 Annual Action Plan. (Funding Source: Community Development Block Grant, HOME Investment Partnerships and Emergency Solutions Grant Funds)
Resolution approving the City of Modesto Program Year 2022-2023 Annual Action Plan for use of Community Development Block Grant Programs, Emergency Solutions Grant, and HOME Investment Partnerships Program funding received from the U.S. Department of Housing and Urban Development and authorizing the City Manager, or his designee, to negotiate and execute any related program Agreements, contracts or other documentation required for implementation of the Program Year 2022-2023 Annual Action Plan, and authorizing the City Manager to submit applicable documentation and provide technical alterations, as required by HUD, incorporate comments received prior to the close of the public comment period, and to make the necessary steps to implement the provision of this resolution. Resolution approving the allocation of funds outlined in the program year 2022- 2023 Annual Action Plan budget to reflect proposal submitted to the U.S.
Department of Housing and Urban Development and authorizing the City Manager, or his designee, to take the necessary steps to implement the provisions of this resolution.
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CED; Jessica Hill, 209-577-5321, [email protected]
ACTION: (Ricci/Wright; 6/0) Resolution 2022-246 approving the City of Modesto Program Year 2022-2023 Annual Action Plan for use of Community Development Block Grant Programs, Emergency Solutions Grant, and HOME Investment Partnerships Program funding received from the U.S. Department of Housing and Urban Development and authorizing the City Manager, or his designee, to negotiate and execute any related program Agreements, contracts or other documentation required for implementation of the Program Year 2022-2023 Annual Action Plan, and authorizing the City Manager to submit applicable documentation and provide technical alterations, as required by HUD, incorporate comments received prior to the close of the public comment period, and to make the necessary steps to implement the provision of this resolution.
ACTION: (Ricci/Wright; 6/0 Resolution 2022-247 approving the allocation of funds outlined in the program year 2022-2023 Annual Action Plan budget to reflect proposal submitted to the U.S. Department of Housing and Urban Development and authorizing the City Manager, or his designee, to take the necessary steps to implement the provisions of this resolution.
MATTERS TOO LATE FOR THE AGENDA
None.
ADJOURNMENT
This meeting adjourned at 6.23 p.m.
CLOSED SESSION
All Closed Session Matters Heard Prior to Meeting
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Pursuant to Section 54957 of the Government Code)
Title: City Attorney
CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCEA Negotiator: Christina Alger
Employee Organization: Modesto City Employees Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCMA - 11 -
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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:____________________________
Diane Nayares-Perez, City Clerk