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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, June 07, 2022 at 5:30 PM
Roll Call – Present: Councilmembers Escutia-Braaton, Kenoyer, Madrigal (arrived 5:36 PM), Ricci, Wright, Zoslocki, Mayor Zwahlen
Pledge of Allegiance to the Flag
City Clerk’s Announcements: City Clerk reported 1) No email correspondence was received and 2) Public Comment is limited to three minutes and blue speaker cards are located in the Lobby of our Council Chambers.
Declaration of Conflicts of Interest: None
Reports from Closed Session: Mayor Zwahlen reported City Council has concluded the performance evaluation of the City Attorney. Council unanimously noted City Attorney Sanchez is delivering outstanding City Attorney services. Mayor Zwahlen thanked City Attorney Sanchez for the services.
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Presentation of Proclamation declaring June 2022 as Men's Health Month. (Funding Source: Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected] ACTION: Mayor Zwahlen read the Proclamation into the record declaring June 2022 as Men's Health Month.
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2. Presentation of Proclamation declaring June 2022 as Pride Month. (Funding Source:
Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected] ACTION: Mayor Zwahlen presented Proclamation declaring June 2022 as Pride Month.
PUBLIC COMMENT PERIOD
Louisa Bryant spoke regarding her Mold Inspection Report. She requested assistance with the issue, and provided Council with 12 page copy of a mold report. She stated she was denied the opportunity to be relocated and her health has suffered due to mold exposure. Mayor Zwahlen referred the matter to Scotty Douglass, Deputy City Manager, to follow-up.
Emerson Drake stated that he attended a recent MID Meeting where John Mensinger spoke about the Modesto Water Treatment plants. He spoke about concerns regarding the distribution system, sewer and garbage rates and where the fees will be distributed to, and communication with the public on the water issues. Howard Carman spoke about Covid and the lack of testing protocol with the Street Team services. He spoke about concerns over funding for Covid testing and the need and want for the Street Team to go back to work. Mayor Zwahlen referred the matter to Scotty Douglass and Allison Van Guilder to answer his questions.
Vice Mayor Wright reiterated that it would be worked on the following morning. Ramon Rodriguez spoke about the homeless camps and asked for affordable housing in a formal municipal park. He would like to see affordable housing units that combines with the parks.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS 3-9, 11-15, 17: (Wright/Kenoyer; 6/0)
CONSENT ITEMS
Consent
3. Consider approving the minutes from the May 24, 2022 Council Meeting. (Funding Source: Not Applicable)
Motion approving the minutes from the May 24, 2022 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Kenoyer; 6/0) Motion approving the minutes from the May 24, 2022 Council Meeting.
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Consent
4. Consider calling for the holding of a Municipal Election to be held on November 8, 2022, requesting the Stanislaus County Board of Supervisors to Consolidate the City of Modesto Municipal Election to be held on November 8, 2022, requesting the services of the Registrar of Voters, Elections Division of the County of Stanislaus to conduct the Election on behalf of the City of Modesto and the Modesto City School Board; and adopting regulations for candidates for elective office pertaining to candidates statements submitted to the voters at an Election to be held on Tuesday, November 8, 2022. (Funding Source: Election Fund)
Resolution of the City of Modesto calling for the holding of a Municipal Election to be held on November 8, 2022, requesting from the Stanislaus County Board of Supervisors to Consolidate the City of Modesto Municipal Election to be held on November 8, 2022, requesting the services of the Registrar of Voters, Elections Division of the County of Stanislaus to Conduct the Election on behalf of the City of Modesto and the Modesto City Schools Board.
Resolution adopting Regulations for Candidates for Elective Office Pertaining to Candidates Statements Submitted to the Voters at an Election to be held on Tuesday, November 8, 2022.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Kenoyer; 6/0) Resolution 2022-248 of the City of Modesto calling for the holding of a Municipal Election to be held on November 8, 2022, requesting from the Stanislaus County Board of Supervisors to Consolidate the City of Modesto Municipal Election to be held on November 8, 2022, requesting the services of the Registrar of Voters, Elections Division of the County of Stanislaus to Conduct the Election on behalf of the City of Modesto and the Modesto City Schools Board.
ACTION: (Wright/Kenoyer; 6/0) Resolution 2022-249 adopting Regulations for Candidates for Elective Office Pertaining to Candidates Statements Submitted to the Voters at an Election to be held on Tuesday, November 8, 2022.
Consent
5. Consider receiving the 2022 Local Agency Biennial Notice and directing staff to conduct a review of the City’s Conflict of Interest Code and the filing of a Biennial Notice with the City Clerk regarding such review, as required by the Political Reform Act. (Funding Source: Not Applicable)
Motion directing staff to make a formal review of the City’s Conflict of Interest Code, pursuant to the Political Reform Act, and if necessary at the appropriate time thereafter, prepare a resolution to be adopted by the City Council to approve any required amendments.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Kenoyer; 6/0) Motion directing staff to make a formal review of the City’s Conflict of Interest Code, pursuant to the Political Reform Act, and if necessary at the appropriate time thereafter, prepare a resolution to be adopted by the - 4 -
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City Council to approve any required amendments.
Consent
6. Consider approving the recommended budget adjustments to Fiscal Year 2021-22 Annual Operating and Capital Improvement Program Budgets. (Funding Source:
Various Funds)
Resolution amending the Fiscal Year 2021-22 Annual Operating and Capital Improvement Project Fund Budgets and authorizing the City Manager, to take the necessary steps to implement the provisions of this resolution.
BUDGET; Steve Christensen, 209-577-5390, [email protected] ACTION: (Wright/Kenoyer; 6/0) Resolution 2022-250 amending the Fiscal Year 2021-22 Annual Operating and Capital Improvement Project Fund Budgets and authorizing the City Manager, to take the necessary steps to implement the provisions of this resolution.
Consent
7. Consider acknowledging Receipt of Notification of the Annual Inflationary Adjustment for Capital Facilities Fees and Development User Fees Fiscal Year 2022-23. (Funding Source: Capital Facilities Fees and Development User Fees) Resolution acknowledging Receipt of Notification of the Annual Inflationary Adjustment for Capital Facilities Fees and Development User Fees Fiscal Year 2022-23.
CED; Jessica Hill, 209-577-5321, [email protected]
ACTION: (Wright/Kenoyer; 6/0) Resolution 2022-251 acknowledging Receipt of Notification of the Annual Inflationary Adjustment for Capital Facilities Fees and Development User Fees Fiscal Year 2022-23.
Consent
8. Consider approving the updates to the City’s Debt Management Policy. (Funding Source: Not Applicable)
Resolution approving the updates to the City’s Debt Management Policy.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
ACTION: (Wright/Kenoyer; 6/0) Resolution 2022-252 approving the updates to the City’s Debt Management Policy.
Consent
9. Consider accepting the Monthly Investment Report for March 2022. (Funding Source:
Various Funds)
Motion accepting the Monthly Investment Report for March 2022.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
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ACTION: (Wright/Kenoyer; 6/0) Motion accepting the Monthly Investment Report for March 2022.
Removed from Consent
10. Consider accepting an informational report for the April 2022 Accounts Payable Payment Register and Void report. (Funding Source: Not Applicable) Motion accepting an informational report for the April 2022 Accounts Payable Payment Register and Void report.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Wright/Escutia-Braaton; 6/0) Motion accepting an informational report for the April 2022 Accounts Payable Payment Register and Void report.
Consent
11. Consider accepting an informational report on the January and February 2022 grant applications and awards. (Funding Source: Not Applicable) Motion accepting an informational report for the January and February 2022 grant applications and awards.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Wright/Kenoyer; 6/0) Motion accepting an informational report for the January and February 2022 grant applications and awards.
Consent
12. Consider approving the Fiscal Year 2022-2023 Appropriation Limit, which is an annual spending limit calculation that identifies the maximum amount of appropriations for publicly funded programs. (Funding Source: Not Applicable) Resolution establishing the appropriation limit for the Fiscal Year 2022-2023 annual budget.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Wright/Kenoyer; 6/0) Resolution 2022-253 establishing the appropriation limit for the Fiscal Year 2022-2023 annual budget.
Consent
13. Consider approving the First Amendment increasing the Agreement amount with the Public Group aka Public Surplus for the Furnishing of Online Auction Services by $12,000 annually from $18,000 to a revised annual estimated amount of $30,000 and for a revised total amount not to exceed of $114,000 over five years. (Funding Source:
Various Funds)
Resolution approving the First Amendment increasing the Agreement amount with the Public Group aka Public Surplus for the Furnishing of Online Auction Services by $12,000 annually from $18,000 to a revised amount estimated - 6 -
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amount of $30,000 and for a revised total amount not to exceed $114,000 over five years and authorizing the City Manager or his designee to execute the amendment.
FINANCE DEPARTMENT; Cynthia Kline, 209-577-5412, [email protected] ACTION: (Wright/Kenoyer; 6/0) Resolution 2022-254 approving the First Amendment increasing the Agreement amount with the Public Group aka Public Surplus for the Furnishing of Online Auction Services by $12,000 annually from $18,000 to a revised amount estimated amount of $30,000 and for a revised total amount not to exceed $114,000 over five years and authorizing the City Manager or his designee to execute the amendment.
Consent
14. Consider approving payment of various Equipment Maintenance Agreements for Fiscal Year 2022-2023 with multiple equipment manufacturers for all City Departments, for an annual cost not to exceed $706,022; and authorizing the City Manager, or his designee to execute Equipment Maintenance Agreements associated with the items in Exhibit B – Fiscal Year 2022-2023 Equipment Maintenance Agreements (more than $50,000). (Funding Source: Various Funds)
Resolution approving payment of various Equipment Maintenance Agreements for Fiscal Year 2022-2023 with multiple equipment manufacturers for all City Departments, for an annual estimated cost not to exceed $706,022; and authorizing the City Manager, or his designee, to execute Equipment Maintenance Agreements associated with the items in Exhibit B – Fiscal Year 2022-2023 Equipment Maintenance Agreements (more than $50,000).
FINANCE DEPARTMENT; DeAnna Christensen, 209-577-5387,
[email protected]
ACTION: (Wright/Kenoyer; 6/0) Resolution 2022-255 approving payment of various Equipment Maintenance Agreements for Fiscal Year 2022-2023 with multiple equipment manufacturers for all City Departments, for an annual estimated cost not to exceed $706,022; and authorizing the City Manager, or his designee, to execute Equipment Maintenance Agreements associated with the items in Exhibit B – Fiscal Year 2022-2023 Equipment Maintenance Agreements (more than $50,000).
Consent
15. Consider approving the payment of Hardware and Software Maintenance Support Agreements for Fiscal Year 2022-2023 for an estimated annual cost not to exceed $6,282,787; and Authorizing the City Manager, or his designee to execute routine Renewal Agreements associated with the items in Exhibit B - Hardware/ Software Maintenance Support Agreements for Fiscal Year 2022-2023 (Over $50,000). (Funding Source: Information Technology Fund and Various Funds)
Resolution approving the payment of Hardware and Software Maintenance Support Agreements for Fiscal Year 2022-2023 for an estimated annual cost not to exceed $6,282,787; and to authorize the City Manager, or his designee to execute routine Renewal Agreements associated with Exhibit B. - 7 -
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IT; Kevin Harless, 209-571-5593, [email protected] ACTION: (Wright/Kenoyer; 6/0) Resolution 2022-256 approving the payment of Hardware and Software Maintenance Support Agreements for Fiscal Year 2022-2023 for an estimated annual cost not to exceed $6,282,787; and to authorize the City Manager, or his designee to execute routine Renewal Agreements associated with Exhibit B.
Removed from Consent
16. Consider approving the Sole Source Purchase Order with StarChase for 25 Global Positioning System tracking units for law enforcement use for a total cost not to exceed $161,698. (Funding Source: Traffic Safety Fund)
Resolution approving the Sole Source Purchase Order with StarChase for 25 Global Positioning System tracking units for law enforcement use for a total cost not to exceed $161,698; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.
POLICE DEPARTMENT; Steven Stanfield, 209-572-9500, [email protected] ACTION: (Wright/Kenoyer; 6/0) Resolution 2022-257 approving the Sole Source Purchase Order with StarChase for 25 Global Positioning System tracking units for law enforcement use for a total cost not to exceed $161,698; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.
Consent
17. Consider approving an Agreement with National Plant Services, Inc., Hayward, CA, for Pipe Inspection and Assessment Services for the River Trunk Inspection and Assessment Project in the amount of $163,000, plus $16,300 for additional services, if needed, for a total amount not to exceed $179,300 and amending the FY 2021/22 Multi-Year Program Budget in the amount of $189,300. (Funding Source: Wastewater Fund)
Resolution approving an Agreement with National Plant Services, Inc., Hayward, CA, for Pipe Inspection and Assessment Services for the River Trunk Inspection and Assessment Project in the amount of $163,000 for the identified scope of services, plus $16,300 in additional services, if needed, for a total amount not to exceed $179,300 and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution amending the Fiscal Year 2021/22 Multi-Year Program Budget in the amount of $189,300 to be transferred into the project from Wastewater Fund Reserves in order to fully fund the River Trunk Inspection and Assessment Project.
UTILITIES; Robert Englent, 209-577-6222, [email protected] ACTION: (Wright/Kenoyer; 6/0) Resolution 2022-258 approving an Agreement with National Plant Services, Inc., Hayward, CA, for Pipe Inspection and Assessment Services for the River Trunk Inspection and Assessment Project in the amount of $163,000 for the identified scope of services, plus $16,300 in additional services, if - 8 -
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needed, for a total amount not to exceed $179,300 and authorizing the City Manager, or his designee, to execute the Agreement.
ACTION: (Wright/Kenoyer; 6/0) Resolution 2022-259 amending the Fiscal Year 2021/22 Multi-Year Program Budget in the amount of $189,300 to be transferred into the project from Wastewater Fund Reserves in order to fully fund the River Trunk Inspection and Assessment Project.
COUNCIL COMMENTS & REPORTS
Council Member Escutia-Braaton spoke about various Community Events that she attended that reminded her of the beauty of what is Modesto; highlighting the Assyrian Youth Celebration who give back to the community, a community event in support of Ukraine with other Council members, Latino Leadership initiative, Grand Opening of Dave and Busters. She encouraged the public to participate, and spoke of regrets not being at the First Friday that has returned but looking forward to the next one.
Council Member Ricci spoke regarding his attendance at the Ukraine community event along with other Council Members. He reminded the public of the local elections and casting your vote. Spoke about concern regarding the homeless issues and hopeful they can start the approval soon for safe parking. He also stated the Ranger Program will launch sometime this summer, and ishopeful they can continue expanding homeless assistant program to include a parks program to help clean up parks and restrooms. He also spoke about successes like the Kansas house, Clarion Workforce Housing Project, and services and shelter at Bavarian and Gospel Mission. He also stated the City is working on an Ordinance regarding abandoned commercial buildings. He also stated they are working on an Ordinance to help neighbors who have been impacted by auto inventory parked in front of houses.
Councilmember Kenoyer stated she regretted missing all of the openings as it was something she really enjoyed. She stated she was able to attend the Ukraine event and felt it was wonderful, and is looking forward to attending more events.
Mayor Zwahlen commented on her honor to be invited to the Modesto Police Department’s 10k Event with money raised to transition children's bedrooms. She stated it was a surprise to the children and the smile of the children’s faces were delightful. Mayor Zwahlen stated her appreciation for all the efforts of staff to strengthen relationships with our community.
Vice Mayor Wright attended the Airport Neighborhood Collaborative Summer Community Potluck. He spoke about its’ need of support and it was nice to see Parks and other County staff in attendance. He stated he was happy to see sidewalks and reports about multiple housing projects in the pipeline. He also spoke about the 7 A.M. Good Day Sacramento show that spoke with Chris Murphy at the Graffiti Museum who did a great job speaking about Modesto, and noted the interview can be found on the Good Day Sacramento’s website. He is looking forward to the event on Friday.
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Councilmember Escutia-Braaton stated that Councilmember Kenoyer will be honored as Grand Marshall at the Graffiti event and congratulated her. Mayor Zwahlen reiterated the congratulations.
Councilmember Kenoyer stated she was honored and humbled by accolades she has been receiving. Being Grand Marshall is an honor and having her own plaque is an honor.
CITY MANAGER COMMENTS & REPORTS
None.
HEARINGS
Published in the Modesto Bee on May 27, 2022
18. Hearing to consider and approve the Final Proposed Fiscal Year 2022-23 Operating and Multi-Year Budget and Capital Improvement Program for the City and related Resolutions. (Funding Source: All City Funds)
Resolution approving the adoption of the Fiscal Year 2022-23 Annual and Multi-Year Operating Budgets and the 2022-23 Capital Improvement Program for the City of Modesto and the related Inter-Fund Transfers. Resolution approving the Budget Principles, Policy on Workers Compensation Fund for FY 2022-23, and the Operating Budget Policy as outlined in the Fiscal Year 2022-23 Final Proposed Budget.
Resolution amending the Position Allocation for Fiscal Year 2022-23 as adopted in the Operating Budget.
Resolution amending the Classification Plan for the City of Modesto to create the classification of Police Administrator.
Resolution approving a Leave Bank Purchase option for Modesto City Employees, Modesto Confidential and Management Association, and Modesto Police and Fire Nonsworn Association and authorizing the City Manager or his designee to execute the transactions.
Resolution adopting the Council Unfunded Pension Liability Policy.
BUDGET; Stephan Christensen, 209-577-5390, [email protected] ACTION: (Wright/Escutia-Braaton; 6/0) Resolution 2022-260 approving the adoption of the Fiscal Year 2022-23 Annual and Multi-Year Operating Budgets and the 2022-23 Capital Improvement Program for the City of Modesto and the related InterFund Transfers.
ACTION: (Wright/Escutia-Braaton; 6/0) Resolution 2022-261 approving the Budget Principles, Policy on Workers Compensation Fund for FY 2022-23, and the Operating Budget Policy as outlined in the Fiscal Year 2022-23 Final Proposed Budget.
ACTION: (Wright/Escutia-Braaton; 6/0) Resolution2022-262 amending the Position Allocation for Fiscal Year 2022-23 as adopted in the Operating Budget. - 10 -
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ACTION: (Wright/Escutia-Braaton; 6/0) Resolution 2022-263 amending the Classification Plan for the City of Modesto to create the classification of Police Administrator.
ACTION: (Wright/Escutia-Braaton; 6/0) Resolution 2022-264 approving a Leave Bank Purchase option for Modesto City Employees, Modesto Confidential and Management Association, and Modesto Police and Fire Nonsworn Association and authorizing the City Manager or his designee to execute the transactions.
ACTION: (Wright/Escutia-Braaton; 6/0) Resolution 2022-265 adopting the Council Unfunded Pension Liability Policy.
NEW BUSINESS
19. Consider approving a successor Memorandum of Understanding (MOU) between the City of Modesto and Modesto City Fire Fighters Association (MCFFA) for a term of July 1, 2022 to June 30, 2024; granting salary changes and benefit offerings to nonsworn unrepresented management and confidential employees including charter officers, executives and unrepresented sworn fire employees; and rescinding Resolution Nos. 2020-310 and 2021-346. (Funding Source: General Fund) Resolution approving a proposed agreement including language changes for a successor Memorandum of Understanding (MOU) between the City of Modesto and Modesto City Fire Fighters Association (MCFFA) for a term of July 1, 2022 to June 30, 2024, authorizing the City Manager to prepare and execute the successor MOU and authorizing the City Manager or his designee to take the necessary administrative action to implement the agreement. Resolution granting salary changes to Unrepresented Sworn Fire Management employees, effective July 22, 2022 and Non-Sworn Unrepresented Management and Confidential employees including Charter Officers and Executives, effective November 26, 2019; rescinding Resolution No. 2020-310, and authorizing the City Manager or his designee to take the necessary administrative action to implement the changes.
Resolution updating benefit offerings for Unrepresented Sworn Fire Management and Non-Sworn Management and Confidential employees, including Charter Officers and Executives; rescinding Resolution No. 2021-346 and authorizing the City Manager or his designee to take the necessary administrative action to implement the changes.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] ACTION: (Ricci/Escutia-Braaton; 6/0) Resolution 2022-266 approving a proposed Agreement including language changes for a successor Memorandum of Understanding (MOU) between the City of Modesto and Modesto City Fire Fighters Association (MCFFA) for a term of July 1, 2022 to June 30, 2024, authorizing the City Manager to prepare and execute the successor MOU and authorizing the City Manager or his designee to take the necessary administrative action to implement the - 11 -
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Agreement.
ACTION: (Ricci/Escutia-Braaton; 6/0) Resolution 2022-267 granting salary changes to Unrepresented Sworn Fire Management employees, effective July 22, 2022 and Non-Sworn Unrepresented Management and Confidential employees including Charter Officers and Executives, effective November 26, 2019; rescinding Resolution No. 2020-310, and authorizing the City Manager or his designee to take the necessary administrative action to implement the changes.
ACTION: (Ricci/Escutia-Braaton; 6/0) Resolution 2022-268 updating benefit offerings for Unrepresented Sworn Fire Management and Non-Sworn Management and Confidential employees, including Charter Officers and Executives; rescinding Resolution No. 2021-346 and authorizing the City Manager or his designee to take the necessary administrative action to implement the changes.
MATTERS TOO LATE FOR THE AGENDA
None.
ADJOURNMENT
This meeting adjourned at 7:25 p.m.
CLOSED SESSION
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Pursuant to Section 54957 of the Government Code)
Title: City Attorney
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: Cherry v. City of Modesto
Case No. 1:18-CV-01268
Attest:____________________________
Diane Nayares-Perez, City Clerk