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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 28, 2022 at 5:30 PM
Roll Call - Councilmembers Escutia-Braaton, Kenoyer, Madrigal (arrived at 5:03 pm), Ricci, Wright, Mayor Zwahlen
Pledge of Allegiance to the Flag
Invocation: Wade Patton, City Ministry Network
City Clerk’s Announcements - City Clerk reported email correspondence was received for Items 12 and 16 and forwarded to the Council.
Declaration of Conflicts of Interest – Vice Mayor Wright recused himself from Item 8 out of the abundance of caution.
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Proclamation proclaiming July as Parks and Recreation Month (Funding Source: Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected] ACTION: Mayor Zwahlen read proclamation declaring July as Parks and Recreation Month.
2. Youth Commission Update and recognition of Youth Commission Formation Advisory Committee Members. (Funding Source: Not Applicable)
PRN; Ashley Weaver, 209-577-5428, [email protected] - 2 -
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ACTION: Ashley Weaver, Recreation and Neighborhoods Services Manager presented a Youth Commission Update, and Mayor Zwahlen and the Council presented Certificates of Recognition to the Youth Formation Advisory Committee Members.
PUBLIC COMMENT PERIOD
Laurianne Behrens commented regarding an incident of a dog attack at the CoffeeClarentina park. She asked why there is no fenced off area for small dogs. Sebastian Jones, on behalf of the Martin Luther King, Jr. Committee presented a Mayor Zwahlen with an award of appreciation for the support of the renaming of the park. He appreciates those that came out and help make history. Ramon Rodriguez spoke behalf of a women's right to abortion. He commented on Supreme Court’s decision and asked Modesto to show support for women's rights. Ronald Dafford spoke about his recent attempts to speak to the Council about sidewalks and ADA issues. He further referenced photos, that in his opinion, are improperly repaired sidewalks.
Richard Sanders, stated that he served 25 years in the armed forces and serves on the Stanislaus County Veteran’s Foundation. He spoke about the positive benefits of cannabis for veterans that have PTSD. He commented on the need of a place where veterans can socialize and consume cannabis reasonably as currently they have other place to gather to use medicinal cannabis.
A citizen spoke in support of cannabis lounge for veterans. Many veterans deal with isolation and PTSD issues. He asked Council to consider having a place for veterans to go and medicate.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS 3-7 and 9-12: (Kenoyer/Wright; 6/0)
CONSENT ITEMS
Consent
3. Consider approving the minutes from the June 14, 2022 Council Meeting. (Funding Source: Not Applicable)
Motion approving the minutes from the June 14, 2022 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Kenoyer/Wright; 6/0) Motion approving the minutes from the June 14, 2022 Council Meeting.
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Consent
4. Consider approving a Sixth Amendment to the Legal Services Agreement with Liebert Cassidy Whitmore in the amount of $5,500 for a total Agreement amount not to exceed $493,000, to account for final payment for legal services. (Funding Source: General Liability Insurance Fund)
Resolution approving a Sixth Amendment to the Legal Services Agreement with Liebert Cassidy Whitmore in the amount of $5,500 for a total Agreement amount not to exceed $493,000 and authorizing the City Manager or his designee, to execute the Agreement.
CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected] ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-283 approving a Sixth Amendment to the Legal Services Agreement with Liebert Cassidy Whitmore in the amount of $5,500 for a total Agreement amount not to exceed $493,000 and authorizing the City Manager or his designee, to execute the Agreement.
Consent
5. Consider approving submission of a Request for Local Advanced Construction Authorization in the amount of up to $1,200,000 for the Construction Phase of the SR99/Pelandale Interchange - Phase 2 Project. (Funding Source: Local Streets Capital Facilities Fees (CFF))
Resolution approving submission of a Request for Local Advanced Construction Authorization in the amount of up to $1,200,000 for the Construction Phase of the SR99/Pelandale Interchange - Phase 2 Project, and authorizing the City Manager or his designee, to execute the required documents.
CED; Sandeep Sandhu, 209-577-5294, [email protected] ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-284 approving submission of a Request for Local Advanced Construction Authorization in the amount of up to $1,200,000 for the Construction Phase of the SR99/Pelandale Interchange - Phase 2 Project, and authorizing the City Manager or his designee, to execute the required documents.
Consent
6. Consider approving the competitive bidding process for various Fleet Replacement Vehicles which includes one (1) Crack Sealer, one (1) Chassis with Equipment, and two (2) Dump Trucks in the amount not to exceed $570,939. (Funding Source: Fleet Replacement Fund)
Resolution approving the competitive bidding process from Houston-Galveston Area Council of Governments (HGAC) Buy with ThorWorks
Industries/SealMaster, Bakersfield, CA for a Crack Seal for a total amount not to exceed $78,166; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.
Resolution approving the competitive bidding process from Sourcewell (formerly National Joint Powers Alliance) with Interstate Truck Center dba - 4 -
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Valley Peterbilt, Turlock, CA for a Peterbilt Class 4-8 Chassis with related equipment for a total amount not to exceed $199,846; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order. Resolution approving the competitive bidding process from Sourcewell (formerly National Joint Powers Alliance) with PB Loader, Fresno, CA for two (2) Dump Trucks for a total amount not to exceed $292,927; 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; 6/0) Resolution 2022-285 approving the competitive bidding process from Houston-Galveston Area Council of Governments (HGAC) Buy with ThorWorks Industries/SealMaster, Bakersfield, CA for a Crack Seal for a total amount not to exceed $78,166; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.
ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-286 approving the competitive bidding process from Sourcewell (formerly National Joint Powers Alliance) with Interstate Truck Center dba Valley Peterbilt, Turlock, CA for a Peterbilt Class 4-8 Chassis with related equipment for a total amount not to exceed $199,846; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.
ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-287 approving the competitive bidding process from Sourcewell (formerly National Joint Powers Alliance) with PB Loader, Fresno, CA for two (2) Dump Trucks for a total amount not to exceed $292,927; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.
Consent
7. Consider approving a Memorandum of Understanding for service between the City of Ceres, the City of Modesto, the Stanislaus Consolidated Fire Protection District (SCFPD), and the City of Turlock for Fire Department Training Services. (Funding Source: General Fund)
Resolution approving a Memorandum of Understanding for service between the City of Ceres, the City of Modesto, Stanislaus Consolidated Fire Protection District, and the City of Turlock for Fire Department Training Services and authorizing the City Manager, or his designee, to execute the Agreement.
FIRE DEPARTMENT; Alan Ernst, 209-572-9590, [email protected] ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-288 approving a Memorandum of Understanding for service between the City of Ceres, the City of Modesto, Stanislaus Consolidated Fire Protection District, and the City of Turlock for Fire Department Training Services and authorizing the City Manager, or his designee, to execute the Agreement.
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Removed from Consent
8. Consider accepting the City Manager’s recommendation to award Non-Exclusive, Non-Consensual Franchise Towing Services contracts to 12 applicants and scheduling a Public Hearing to consider the award of contracts. (Funding Source: General Fund, 1610 – MPD Traffic Offender Fund)
Resolution accepting the City Manager’s recommendation to award NonExclusive, Non-Consensual Franchise Towing Services Contract to twelve applicants; declaring City Council’s intention to consider the applications at the August 9, 2022, City Council meeting; and directing the City Clerk to publish notice of the Hearing in accordance with Modesto Municipal Code Section 11-
2.05 et seq.
POLICE DEPARTMENT; Aaron Tait, 209-572-9500, [email protected] ACTION: (Kenoyer/Escutia-Braaton; 4/1; Wright recused)) Resolution 2022-289 accepting the City Manager’s recommendation to award Non-Exclusive, NonConsensual Franchise Towing Services Contract to twelve applicants; declaring City Council’s intention to consider the applications at the August 9, 2022, City Council meeting; and directing the City Clerk to publish notice of the Hearing in accordance with Modesto Municipal Code Section 11-2.05 et seq.
(City Attorney Sanchez clarified that approval of this item accepts the City Manager’s recommendation to consider the award of the Non-Exclusive, Non-Consensual Franchise Towing Services Contract and also sets the Public hearing for August 9, 2022 to accept the towing contract to twelve applicants, in the meantime, staff can take a look at the rates and return with answers to questions raised about the maximum rates during the Public Hearing.) Consent
9. Consider reestablishing and restructuring the City of Modesto Youth Commission, adopting Modesto Youth Commission Bylaws and rescinding Resolution Nos. 74-352, 86-1369 and 89-449. (Funding Source: General Fund – Recreation Operations) Resolution reestablishing and restructuring the City of Modesto Youth Commission; adopting Modesto Youth Commission Bylaws, and rescinding Resolution Nos. 74-352, 86-1369 and 89-449.
PRN; Laurie Smith, 209-577-5347, [email protected]
ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-290 reestablishing and restructuring the City of Modesto Youth Commission; adopting Modesto Youth Commission Bylaws, and rescinding Resolution Nos. 74-352, 86-1369 and 89-449.
Consent
10. Consider approving the Award of Bid for the Purchase and Delivery of Sodium Hypochlorite – Liquid Chlorine to Univar Solutions USA Inc., Kent, WA, for a oneyear Agreement with four one-year extension options, for an estimated annual amount of $100,000 and a total amount not to exceed $661,010 over five years. (Funding Source: Water Fund)
Resolution approving the Award of Bid for the Purchase and Delivery of Sodium Hypochlorite – Liquid Chlorine to Univar Solutions USA Inc., Kent, - 6 -
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WA, for a one-year Agreement with four one-year extension options, for an estimated annual amount of $100,000 and a total amount not to exceed $661,010 over five years and authorizing the City Manager or his designee to execute the Agreement.
UTILITIES; Jeff Daniels, 209-342-4585, [email protected] ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-291 approving the Award of Bid for the Purchase and Delivery of Sodium Hypochlorite – Liquid Chlorine to Univar Solutions USA Inc., Kent, WA, for a one-year Agreement with four one-year extension options, for an estimated annual amount of $100,000 and a total amount not to exceed $661,010 over five years and authorizing the City Manager or his designee to execute the Agreement.
Consent
11. Consider approving the Sole Source Agreement with Envirogen Technologies, Inc., Rancho Cucamonga, CA, for Support Services to Well #274 and Well #295 within the Grayson Community Water System, for an estimated annual amount of $150,000 and a total amount not to exceed $879,990 over five years. (Funding Source: Water Fund) Resolution approving the Sole Source Agreement with Envirogen Technologies, Inc., Rancho Cucamonga, CA, for Support Services to Well #274 and Well #295 within the Grayson Community Water System, for an estimated annual amount of $150,000 and a total amount not to exceed $879,990 over five years, and authorizing the City Manager or his designee to execute the Agreement.
UTILITIES; Jeff Daniels, 209-342-4585, [email protected] ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-292 approving the Sole Source Agreement with Envirogen Technologies, Inc., Rancho Cucamonga, CA, for Support Services to Well #274 and Well #295 within the Grayson Community Water System, for an estimated annual amount of $150,000 and a total amount not to exceed $879,990 over five years, and authorizing the City Manager or his designee to execute the Agreement.
Consent
12. Consider rejecting all bids for the La Loma – Phase 2C Strengthen & Replace Water Mains Project and authorizing staff to re-advertise the project for bids at a future date. (Funding Source: Water Fund)
Resolution rejecting all bids for the La Loma Phase 2C Strengthen & Replace Project and authorizing staff to re-advertise the project for bids at a future date.
UTILITIES; Robert Davalos, 209-571-5175, [email protected] ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-293 rejecting all bids for the La Loma Phase 2C Strengthen & Replace Project and authorizing staff to re-advertise the project for bids at a future date.
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COUNCIL COMMENTS & REPORTS
Councilmember Escutia-Braaton reported that she attended the Fire Graduation and Promotion Ceremony for more than three dozen individuals who are the Modesto’s best of the best. She wanted to highlight that only 1 out of 400 applicants enters the academy and it’s a highly coveted opportunity and they go through a very rigid academy. The event was a significant celebrated cumulation of the Fire Regionalization that includes Modesto, Turlock and Stanislaus Consolidated and it’s the first time this body was able to recognize new recruits out of the fire academy and those being promoted.
Councilmember Ricci thanked Bill Sandhu, Director of Public Works and crew for organizing the bulky item pickup event at John Thurman Field. It was a very popular event and lots of people were able to dispose of a lot of waste. Bill and his staff deserve a huge kudos for getting that done. Also, safe parking was approved several weeks ago by the Safety and Communities Committee. He is excited that it will be coming to council soon as it will help many people. He also reported on the issue with vehicle dealerships parking inventory in neighborhoods. He has been talking to staff about getting an ordinance together that will address that. Also, in terms of blighted vacant commercial buildings like the Save Mart on Pelandale and Orchard Supply, he drove by there and could not believe the graffiti that can be seen from the freeway. He commented that they need to upgrade the ordinance so this kind of behavior cannot happen anymore.
Councilmember Madrigal echoed Councilmember Ricci’s sentiments regarding doing something about abandoned commercial buildings such as OSH. He also sees the blight and sees unwanted nuisances in the parking lot. He looks forward to seeing staff draft an ordinance for council to discuss. He sees the need to invest in small low level infrastructure in some key commercial areas like 8th Street. There are a lot of mobile food trucks and they were the pioneers and provide access to low cost meals for consumers and provide jobs for people, but the condition of the sidewalk and paved area is horrible. He would like to see if they could use one-time funding for that. He also asked if they could have a second round of funding of APRA funds for the Modesto RAD Program. Finally, he stated that he would like to have some help from the Mayor or staff to have a clearer answer when they are asking questions. He understands the importance of civility, but he does not feel he was treated with civility when he tried getting answers related to the towing item heard this evening. He needed clarity and respectfully requests to be demonstrated that level of civility. It’s also important that they are able to provide answers and solutions to constituents who come to the Council with questions.
Mayor Zwahlen commented that part of the situation that occurred this evening was that when a Councilmember is attending via Zoom the interaction taking place in the room is not seen. As at the moment the question arose, the Assistant Police Chief and gentlemen had walked out of the room to have a discussion and were followed up with answers from the City Attorney and City Manager. She further reported that it was an honor to be at Martin Luther King Park for the unveiling of the monument on California and Martin Luther King Drive. She attended three park activities that morning, in particular the Asian Cultural Event at Davis Park and Juneteenth at Graceada Park. Keeping parks in order as a place where people can enjoy and have cultural - 8 -
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events and activities is really important to the City. She also appreciates the award she received tonight.
CITY MANAGER COMMENTS & REPORTS
None
HEARINGS
Published in the Modesto Bee on June 17, 2022
13. Hearing to consider approving the Fiscal Year 2022-23 diagram and annual assessment, and ordering the levy and collection of charges within Landscape Maintenance Assessment District No. 1 for Dry Creek Meadows Subdivisions Nos. 1-
6. (Funding Source: Landscape Maintenance Assessment District No. 1) Resolution approving the Fiscal Year 2022-23 diagram and annual assessment, and ordering the levy and collection of charges within Landscape Maintenance Assessment District No. 1 for Dry Creek Meadows Subdivisions Nos. 1-6.
CED; Jessica Hill, 209-577-5211, [email protected]
ACTION: (Wright/Escutia-Braaton; 6/0) Resolution 2022-294 approving the Fiscal Year 2022-23 diagram and annual assessment, and ordering the levy and collection of charges within Landscape Maintenance Assessment District No. 1 for Dry Creek Meadows Subdivisions Nos. 1-6.
Published in the Modesto Bee on June 17, 2022
14. Hearing to consider approving the Fiscal Year 2022-23 diagram and annual assessment and ordering the levy and collection of charges within Landscape Maintenance Assessment District No. 2 for Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision, and Yosemite Meadows Subdivision Units 1 & 2. (Funding Source: Landscape Maintenance Assessment District No. 2) Resolution approving the Fiscal Year 2022-23 diagram and annual assessment, and ordering the levy and collection of charges within Landscape Maintenance Assessment District No. 2 for Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision and Yosemite Meadows Subdivision Units 1 & 2.
CED; Jessica Hill, 209-577-5211, [email protected]
ACTION: (Wright/Ricci; 6/0) Resolution 2022-295 approving the Fiscal Year 2022- 23 diagram and annual assessment, and ordering the levy and collection of charges within Landscape Maintenance Assessment District No. 2 for Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision and Yosemite Meadows Subdivision Units 1 & 2.
Published in the Modesto Bee June 17, 2022.
15. Hearing to consider approving the Fiscal Year 2022-23 diagram and annual assessment, and ordering the levy and collection of charges within the Shackelford - 9 -
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Landscape and Lighting District (Funding Source: Shackelford Landscape and Lighting District)
Resolution approving the Fiscal Year 2022-23 diagram and annual assessment, and ordering the levy and collection of charges within the Shackelford Landscape and Lighting District.
CED; Jessica Hill, 209-577-5321, [email protected]
ACTION: (Kenoyer/Escutia-Braaton; 6/0) Resolution 2022-296 approving the Fiscal Year 2022-23 diagram and annual assessment, and ordering the levy and collection of charges within the Shackelford Landscape and Lighting District.
NEW BUSINESS
16. Consider: (1) Approving a resolution of the Modesto City Council calling an election to be held on November 8, 2022, for voter consideration of a ballot measure seeking voter approval to impose a one-cent transactions and use (sales) tax for general city services; requesting the Board of Supervisors of the County of Stanislaus to consolidate the municipal election with the general election to be held on November 8, 2022; requesting certain services of the Registrar of Voters of Stanislaus County with respect to the consolidated General Municipal Election; and establishing policies and procedures in connection with such an election; and (2) Introduce by title only and waive the first reading of an ordinance adding Article 12 to Chapter 2 of Title 8 of the Modesto Municipal Code imposing a transaction and use tax. (Funding Source:
General Fund)
Resolution of the Modesto City Council calling an election to be held on November 8, 2022, for voter consideration of a ballot measure seeking voter approval to impose a one-cent transactions and use (sales) tax for general City Services; requesting the Board of Supervisors of the County of Stanislaus to consolidate the municipal election with the general election to be held on November 8, 2022; requesting certain services of the Registrar of Voters of Stanislaus County with respect to the consolidated General Municipal Election; and establishing policies and procedures in connection with such an election. Introduce by title only and waive the first reading of an ordinance adding Article 12 to Chapter 2 of Title 8 of the Modesto Municipal Code imposing a transaction and use tax. (Subject to voter approval)
BUDGET; Steve Christensen, 209-577-5390, [email protected] ACTION: (Wright/Ricci; 6/0) Resolution 2022-297 of the Modesto City Council calling an election to be held on November 8, 2022, for voter consideration of a ballot measure seeking voter approval to impose a one-cent transactions and use (sales) tax for general City Services; requesting the Board of Supervisors of the County of Stanislaus to consolidate the municipal election with the general election to be held on November 8, 2022; requesting certain services of the Registrar of Voters of Stanislaus County with respect to the consolidated General Municipal Election; and establishing policies and procedures in connection with such an election. - 10 -
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ACTION: (Wright/Escutia-Braaton; 6/0) Introduce by title only and waive the first reading of an ordinance adding Article 12 to Chapter 2 of Title 8 of the Modesto Municipal Code imposing a transaction and use tax. (Subject to voter approval)
17. Consider adopting a Resolution Placing a Measure on the November 8, 2022 General Municipal Election Ballot for Voter Consideration of Amendments to the City Charter; Requesting the Board of Supervisors of the County of Stanislaus to Consolidate the Municipal Election with the General Election to be Held on November 8, 2022, Requesting Certain Services of the Registrar of Voters of Stanislaus County with Respect to the Consolidated General Municipal Election; and Establishing Policies and Procedures in Connection with such an Election. (Funding Source: General Fund) Resolution Placing a Measure on the November 8, 2022 General Municipal Election Ballot for Voter Consideration of Amendments to the City Charter; Requesting the Board of Supervisors of the County of Stanislaus to Consolidate the Municipal Election with the General Election to be Held on November 8, 2022, Requesting Certain Services of the Registrar of Voters of Stanislaus County with Respect to the Consolidated General Municipal Election; and Establishing Policies and Procedures in Connection with such an Election.
CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected] ACTION: (Escutia-Braaton/Wright; 6/0) Resolution 2022-298 Placing a Measure on the November 8, 2022 General Municipal Election Ballot for Voter Consideration of Amendments to the City Charter; Requesting the Board of Supervisors of the County of Stanislaus to Consolidate the Municipal Election with the General Election to be Held on November 8, 2022, Requesting Certain Services of the Registrar of Voters of Stanislaus County with Respect to the Consolidated General Municipal Election; and Establishing Policies and Procedures in Connection with such an Election.
MATTERS TOO LATE FOR THE AGENDA
None.
ADJOURNMENT
This meeting adjourned at 8:03 pm.
Attest:____________________________
Diane Nayares-Perez, City Clerk