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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, July 12, 2022 at 5:30 PM
Roll Call - Councilmembers Escutia-Braaton, Kenoyer, Madrigal, Ricci, Wright, Mayor Zwahlen
Pledge of Allegiance to the Flag
Invocation: Rev. Scott Elliott, Big Valley Grace
City Clerk’s Announcements: City Clerk reported email correspondence for Public Comment Period was received and forwarded to the Council. Also, The Nomination period for the November 8, 2022 General Municipal Election opens on Monday July 18th for Districts 2, 4 and 5. Individuals interested in running for City Council are encouraged to contact the City Clerk’s Office
Declaration of Conflicts of Interest: None
Reports from Closed Session: City Attorney Sanchez reported that there was no reportable action on the closed session items.
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Presentation of Proclamation proclaiming July 26, 2022, as Americans with Disabilities Act Awareness Day. (Funding Source: Not Applicable) CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected] ACTION: Mayor Zwahlen presented the proclamation declaring July 26, 2022, as - 2 -
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Americans with Disabilities Act Awareness Day.
2. Presentation of Proclamation proclaiming August 2, 2022, as National Night Out. (Funding Source: Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected] ACTION: Mayor Zwahlen presented the proclamation declaring July proclaiming August 2, 2022, as National Night Out.
PUBLIC COMMENT PERIOD
Louisa Bryant spoke regarding a meeting she had with City of Modesto staff regarding the mold inspection report. She stated that during the meeting she asked that the building inspector remove the mold inspection report submitted to the City by the owners of the property she is renting. She further commented on a public record request she recently submitted and the documents she received. She asked the Council to instruct the inspectors and the owners to complete the repairs.
Darlene Ruiz commented on the incident that occurred with Dylan Harvey on July 4th.
She asked where was CHAT and stated that mental crisis should not be a death sentence.
She commented on his shooting and asked that the City implement an emergency response team and asked that the video be released to the public. Perfecto Munoz from the West Modesto Community Collaborative spoke about the housing shortage in West Modesto. Housing is difficult to find and rent continues to increase. He stated that the City needs to address this issue. He commented that there’s got to be a point where the City and County start discussing this issue. Advocacy and plans are needed to better serve the community. The West Modesto Community Collaborative is willing to assist.
Ramon Rodriguez commented on the Dylan Harvey incident. He stated that he is concerned that this continues to happen. He referenced studies that having a police officer present during mental health crisis increases the chances of confrontation. He stated that CHAT needs to be implemented.
Ron DeLoach from the West Modesto People of Action Council spoke regarding the housing issue in West Modesto. He further stated that he also represents the NAACP Housing Committee. He stated that their subject matter is the 54 acre golf course on Tuolumne Blvd. West Modesto has 15,000 families that need housing. People are living in garages sharing bedrooms with other families and people are starting to pitch tents outside of residential homes. They are experiencing a housing crisis due to increasing rents and housing shortage. He would like to see more things happen and a decision on what should be done with the golf course. Fifty-Four acres can help people get housing in West Modesto.
Steve commented that he agrees with the two gentleman that spoke regarding the dire need for affordable housing in Modesto. He is noticing a theme during the council - 3 -
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meetings that at times is dominated by council congratulating each other and then comments like this evening. He also stated that MPD has failed the community again.
He insists that the charges should be dropped against Dylan Harvey. He stated the community deserves the release of the video of the incident. Bianca Lopez spoke regarding the Dylan Harvey incident. She stated she is here to demand justice for Dylan Harvey. She asked where was the CHAT team and the mental health clinician. She demanded the Chief of Police hold a press conference and release of the footage of the incident. She further stated that an emergency response team should be implemented to give the people some hope.
Emerson Drake commented regarding the Central Valley Patriots and the racist literature they recently distributed around the city. He also commented regarding the recent Pride Month Proclamation that was presented at a council meeting. He further commented that it’s part of Modesto’s brick wall and also commented on former Councilperson Zoslocki and his residency.
Loretta Carhart stated it’s her belief that, mental issues are mainly attributed to medicine and someone should study it. She also spoke regarding a roof job she had done on her garage in 2016. She was not happy with the work done and the entire cost was placed on her tax bill. This year, she did not pay it and will not pay it.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS 3-8, 10-27: (Kenoyer/ Wright; 6/0)
CONSENT ITEMS
Consent
3. Consider approving the minutes from the June 28, 2022 Council Meeting. (Funding Source: Not Applicable)
Motion approving the minutes from the June 28, 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 28, 2022 Council Meeting.
Consent
4. 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 2022-299 continuing to authorize remote teleconference meetings of the City of Modesto pursuant to Assembly Bill 361. - 4 -
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Consent
5. Consider final adoption of Ordinance 3746-C.S. approving adding Article 12 to Chapter 2 of Title 8 of the Modesto Municipal Code Imposing a Transactions and Use Tax. (Funding Source: Not Applicable)
Motion approving final adoption of Ordinance 3746-C.S. approving adding Article 12 to Chapter 2 of Title 8 of the Modesto Municipal Code Imposing a Transactions and Use Tax. (Subject to Voter Approval)
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Kenoyer/Wright; 6/0) Motion approving final adoption of Ordinance 3746-C.S. approving adding Article 12 to Chapter 2 of Title 8 of the Modesto Municipal Code Imposing a Transactions and Use Tax. (Subject to Voter Approval) 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 Year 2021-22 Annual Operating and Capital Improvement Project Fund Budgets and authorizing the City Manager, to make the necessary steps to implement the provisions of this resolution.
BUDGET; Steve Christensen, 209-577-5390, [email protected] ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-300 amending Year 2021-22 Annual Operating and Capital Improvement Project Fund Budgets and authorizing the City Manager, to make the necessary steps to implement the provisions of this resolution.
Consent
7. Consider accepting the Monthly Investment Report for April 2022. (Funding Source:
Various Funds)
Motion accepting the Monthly Investment Report for April 2022.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
ACTION: (Kenoyer/Wright; 6/0) Motion accepting the Monthly Investment Report for April 2022.
Consent
8. Consider approving an award of bid for the purchase of 30” gate valves to Water Technology Resources, Bloomington, MN, for a total amount not to exceed $64,564. (Funding Source: Wastewater Fund)
Resolution approving the award of bid for the purchase of 30” gate valves to Water Technology Resources, Bloomington, MN, for a total amount not to exceed $64,564, and authorizing the Director of Finance or her designee to execute the purchase order.
FINANCE DEPARTMENT; Cynthia Kline, 209-577-5412, [email protected] - 5 -
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ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-301 approving the award of bid for the purchase of 30” gate valves to Water Technology Resources, Bloomington, MN, for a total amount not to exceed $64,564, and authorizing the Director of Finance or her designee to execute the purchase order.
Removed from Consent
Consent
9. Consider accepting an informational report for the May 2022 Accounts Payable Payment Register and Void report. (Funding Source: Not Applicable) Motion accepting an informational report for the May 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 May 2022 Accounts Payable Payment Register and Void report.
Consent
10. Consider accepting an informational report on the March and April 2022 Grant Applications and Awards. (Funding Source: Not Applicable) Motion accepting an informational report for the March and April 2022 Grant Applications and Awards.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Kenoyer/Wright; 6/0) Motion accepting an informational report for the March and April 2022 Grant Applications and Awards.
Consent
11. Consider authorizing the City Manager to negotiate and execute an Agreement with Salida Fire Protection District for temporary Fire Chief services during negotiations of a full Fire Protection Services Agreement. (Funding Source: General Fund) Resolution authorizing the City Manager to negotiate and execute an Agreement with Salida Fire Protection District for temporary Fire Chief services during negotiations of a full Fire Protection Services Agreement.
FIRE; Alan Ernst, 209-572-9590, [email protected]
ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-302 authorizing the City Manager to negotiate and execute an Agreement with Salida Fire Protection District for temporary Fire Chief services during negotiations of a full Fire Protection Services Agreement.
Consent
12. Consider amending the Position Allocation Plan in four departments: Police, Human Resources, Finance, and Utilities. (Funding Source: Various Funds) - 6 -
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Resolution amending the position allocation for fiscal year 2022-23 as adopted in the operating budget.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-303 amending the position allocation for fiscal year 2022-23 as adopted in the operating budget.
Consent
13. Consider amending the Agreement with Johnson Controls, San Leandro, CA, for an updated security access system migration, increasing the not to exceed amount by $40,000 for additional parts and services that may be required through the life of the Agreement for a new total amount not to exceed $255,884. (Funding Source:
Supplemental Law Enforcement Services Fund - SLESF)
Resolution amending the Agreement with Johnson Controls, San Leandro, CA, for an updated security access system migration, increasing the not to exceed amount by $40,000 for additional parts and services that may be required through the life of the Agreement for a new total amount not to exceed $255,884; and authorizing the Director of Finance, or designee, to execute the amendment.
POLICE DEPARTMENT; Chris Adams, 209-572-9500, [email protected] ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-304 amending the Agreement with Johnson Controls, San Leandro, CA, for an updated security access system migration, increasing the not to exceed amount by $40,000 for additional parts and services that may be required through the life of the Agreement for a new total amount not to exceed $255,884; and authorizing the Director of Finance, or designee, to execute the amendment.
Consent
14. Consider accepting the Board of State and Community Corrections California Violence Intervention and Prevention (CalVIP) Grant in the amount of $2,215,217 in grant funds with a 100% match requirement of $2,215,217, of which $514,592 is from the City of Modesto and $1,700,625 is from external subcontracts, for a total amount of $4,430,434. (Funding Source: Police – Grants, General Fund) Resolution accepting the Board of State and Community Corrections California Violence Intervention and Prevention (CalVIP) Grant in the amount of $2,215,217 in grant funds with a 100% match requirement of $2,215,217, of which $514,592 is from the City of Modesto and $1,700,625 is from external subcontracts, for a total amount of $4,430,434; and authorizing the City Manager, or his designee, to execute the necessary documents including Memorandum of Understand Agreements with each partner agency on this grant.
Resolution amending the Fiscal Year 2022-23 Operating and Multi-Year Project Budget to appropriate revenue and expenses in the amount of $2,215,217 related to the Board of State and Community Corrections California Violence Intervention and Prevention (CalVIP) Grant and $514,592 for the City of Modesto in-kind match; and authorizing the City Manager, or his designee, - 7 -
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to implement the provisions of this resolution.
POLICE DEPARTMENT; Jessica Smart, 209-572-9518, [email protected] ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-305 accepting the Board of State and Community Corrections California Violence Intervention and Prevention (CalVIP) Grant in the amount of $2,215,217 in grant funds with a 100% match requirement of $2,215,217, of which $514,592 is from the City of Modesto and $1,700,625 is from external subcontracts, for a total amount of $4,430,434; and authorizing the City Manager, or his designee, to execute the necessary documents including Memorandum of Understand Agreements with each partner agency on this grant.
ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-306 amending the Fiscal Year 2022-23 Operating and Multi-Year Project Budget to appropriate revenue and expenses in the amount of $2,215,217 related to the Board of State and Community Corrections California Violence Intervention and Prevention (CalVIP) Grant and $514,592 for the City of Modesto in-kind match; and authorizing the City Manager, or his designee, to implement the provisions of this resolution.
Consent
15. Consider approving the Parks, Recreation and Neighborhoods revised spending plan in accordance with the 2021 Modesto Forward strategy for the use of American Rescue Plan Act (ARPA) funds in the amounts of $500,000 for The Awesome Spot Playground, $750,000 for the Tuolumne River – Economic Development Strategy, and $1,270,028 for Park Deferred Maintenance; amending the Fiscal Year 22/23 Capital Improvement Program and Non-Capital project budgets to fund the projects outlined in the attached ARPA Phase 1 Spending Plan for Park Improvements. (Funding Source:
American Rescue Plan Act Funding)
Resolution approving the Parks, Recreation and Neighborhoods revised spending plan in accordance with the 2021 Modesto Forward Strategy for the use of American Rescue Plan Act (ARPA) funds in the amounts of $500,000 for The Awesome Spot Playground, $750,000 for the Tuolumne River – Economic Development Strategy, and $1,270,028 for Park Deferred Maintenance.
Resolution amending the Fiscal Year 2022/2023 Capital Improvement Program and Non-Capital project budgets in the amount of $2,520,028 to fund the projects outlined in the attached ARPA Phase 1 Spending Plan for Park Improvements and authorizing the City Manager, or his designee to take the necessary steps to implement the provisions of this resolution.
PRN; Nathan Houx, 209-571-5526, [email protected]
ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-307 approving the Parks, Recreation and Neighborhoods revised spending plan in accordance with the 2021 Modesto Forward Strategy for the use of American Rescue Plan Act (ARPA) funds in the amounts of $500,000 for The Awesome Spot Playground, $750,000 for the Tuolumne River – Economic Development Strategy, and $1,270,028 for Park Deferred Maintenance.
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ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-308 amending the Fiscal Year 2022/2023 Capital Improvement Program and Non-Capital project budgets in the amount of $2,520,028 to fund the projects outlined in the attached ARPA Phase 1 Spending Plan for Park Improvements and authorizing the City Manager, or his designee to take the necessary steps to implement the provisions of this resolution.
Consent
16. Consider approving an Agreement with Gallo Center for the Arts for a two-year term, retroactive to July 1, 2022 through June 30, 2024 for discounted employee parking in Lot 25 with annual parking permits to be paid on a quarterly basis. (Funding Source:
Parking Services Enterprise Fund)
Resolution approving an Agreement with Gallo Center for the Arts for a twoyear term retroactive to July 1, 2022 through June 30, 2024 for discounted employee parking in Lot 25 with annual parking permits to be paid on a quarterly basis, and authorizing the City Manager, or his designee, to execute the Agreement.
PUBLIC WORKS; Patrick Crowley, 209-402-6812, [email protected] ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-309 approving an Agreement with Gallo Center for the Arts for a two-year term retroactive to July 1, 2022 through June 30, 2024 for discounted employee parking in Lot 25 with annual parking permits to be paid on a quarterly basis, and authorizing the City Manager, or his designee, to execute the Agreement.
Consent
17. Consider approving the First Amendment to the Agreement for Consulting Services to Dixon Resources Unlimited, (DIXON) San Diego, CA for City of Modesto Downtown Parking Infrastructure Implementation Plan, increasing the scope of services to include Task 2 and Task 3, to increase the Agreement amount by $183,051 including a 10% contingency, from $26,970 for a new estimated total not to exceed amount of $210,021. (Funding Source: Parking Fund and allocation from American Rescue Plan Act)
Resolution approving the First Amendment to the Agreement with Dixon Resources Unlimited (DIXON) as a Consultant for Downtown Parking Infrastructure Implementation Plan; Task 2 and Task 3, increase the Agreement amount by $183,051 including a 10% contingency, from $26,970 for a new estimated total not to exceed amount of $210,021, and authorizing the City Manager, or his designee, to execute the First Amendment to the Agreement.
PUBLIC WORKS; Patrick Crowley, 209-402-6812, [email protected] ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-310 approving the First Amendment to the Agreement with Dixon Resources Unlimited (DIXON) as a Consultant for Downtown Parking Infrastructure Implementation Plan; Task 2 and Task 3, increase the Agreement amount by $183,051 including a 10% contingency, from $26,970 for a new estimated total not to exceed amount of $210,021, and authorizing the City Manager, or his designee, to execute the First Amendment to the - 9 -
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Agreement.
Consent
18. Consider approving the extension of the Compost Facility Flexible Sales Pricing Pilot Program approved on April 2, 2019, and extend for one additional year effective August 1, 2022 through July 31, 2023 with the option to extend for two additional years at the discretion of the City Manager, or his designee. (Funding Source: Compost Fund)
Resolution approving the extension of the Compost Facility Flexible Sales Pricing Pilot Program approved on April 2, 2019, and extend for one additional year effective August 1, 2022 through July 31, 2023 with the option to extend for two additional years at the discretion of the City Manager, or his designee.
PUBLIC WORKS; Rosene Salmo, 209-577-5453, [email protected] ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-311 approving the extension of the Compost Facility Flexible Sales Pricing Pilot Program approved on April 2, 2019, and extend for one additional year effective August 1, 2022 through July 31, 2023 with the option to extend for two additional years at the discretion of the City Manager, or his designee.
Consent
19. Consider authorizing staff to apply for all CalRecycle Household Hazardous Waste Grants, rescinding Resolution No. 2015-271, and authorizing the City Manager, or his designee, to sign grant applications and related forms, accept grant awards, and amend the budget as available. (Funding Source: Grant Revenue if received will be deposited into 4891 Solid Waste Fund)
Resolution authorizing staff to apply for all CalRecycle Household Hazardous Waste Grants, rescinding Resolution No. 2015-271, and authorizing the City Manager, or his designee, to sign grant applications and related forms, accept grant awards, and amend the budget as available.
PUBLIC WORKS; Rosene Salmo, 209-577-5453, [email protected] ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-312 authorizing staff to apply for all CalRecycle Household Hazardous Waste Grants, rescinding Resolution No. 2015- 271, and authorizing the City Manager, or his designee, to sign grant applications and related forms, accept grant awards, and amend the budget as available.
Consent
20. Consider approving the award of bid for the furnishing of Digester Cleaning Services to Wastewater Solids, Yachats, OR, for an estimated annual amount of $47,690, and a total amount not to exceed $322,663 over five years. (Funding Source: Wastewater Fund)
Resolution approving the award of bid for the furnishing of Digester Cleaning Services to Wastewater Solids, Yachats, OR, for an estimated annual amount of $47,690, and a total amount not to exceed $322,663 over five years, and authorizing the City Manager or his designee to execute the Agreement. - 10 -
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UTILITIES; Ben Koehler, 209-342-4502, [email protected] ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-313 approving the award of bid for the furnishing of Digester Cleaning Services to Wastewater Solids, Yachats, OR, for an estimated annual amount of $47,690, and a total amount not to exceed $322,663 over five years, and authorizing the City Manager or his designee to execute the Agreement.
Consent
21. Consider approving the award of bid and Agreement for pump efficiency testing services to Pumping Efficiency Testing Services, LLC, Sebastopol, CA, for a two-year Agreement with three one-year extension options, for an estimated annual amount of $40,000, and a total amount not to exceed $200,000 over five years. (Funding Source:
Water Fund)
Resolution approving the award of bid and Agreement for pump efficiency testing services to Pump Efficiency Testing Services, LLC, Sebastopol, CA for a two-year Agreement with three one-year extension options, for an estimated annual amount of $40,000, and a total amount not to exceed $200,000 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 2022-314 approving the award of bid and Agreement for pump efficiency testing services to Pump Efficiency Testing Services, LLC, Sebastopol, CA for a two-year Agreement with three one-year extension options, for an estimated annual amount of $40,000, and a total amount not to exceed $200,000 over five years and authorizing the City Manager or his designee to execute the Agreement.
Consent
22. Consider authorizing the submittal of a Grant Application to the State Water Resources Control Board (SWRCB) for the Proposition 1 Groundwater Grant Program, Round 3 (Prop 1 Grant) for the Modesto Municipal Groundwater Supply Contamination Prevention and Cleanup Project. (Funding Source: Water Fund) Resolution authorizing the submittal of a grant application and authorizing the City Manager, or his Designee as the City Representatives to execute all grant related documents and enter into a funding Agreement with the State Water Resources Control Board to receive the grant funds, if awarded, under the Proposition 1 Groundwater Grant Program, for the Round 3 Implementation Grant for the Modesto Municipal Groundwater Supply Contamination Prevention and Cleanup Project.
UTILITIES; Miguel Alvarez, 209-577-5348, [email protected] ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-315 authorizing the submittal of a grant application and authorizing the City Manager, or his Designee as the City Representatives to execute all grant related documents and enter into a funding - 11 -
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Agreement with the State Water Resources Control Board to receive the grant funds, if awarded, under the Proposition 1 Groundwater Grant Program, for the Round 3 Implementation Grant for the Modesto Municipal Groundwater Supply Contamination Prevention and Cleanup Project.
Consent
23. Consider approving a First Amendment to the Agreement with C.H.W. Enterprises, Inc., DBA Industrial Electrical Machinery, Visalia, CA, for the Furnishing of Electric Motor Rewind/Rebuild Services, increasing the annual amount by $243,196 from $124,304 for a new estimated annual amount of $367,500 and a new total amount not to exceed $1,705,568 over five years. (Funding Source: Various Funds) Resolution approving a First Amendment to the Agreement with C.H.W.
Enterprises, Inc., DBA Industrial Electrical Machinery, Visalia, CA, for the Furnishing of Electric Motor Rewind/Rebuild Services, increasing the annual amount by $243,196 from $124,304 for a new estimated annual amount of $367,500 and a new total amount not to exceed $1,705,568 over five years and authorizing the Director of Finance or her designee, to execute the Agreement.
UTILITIES; Monte Hamilton, 209-342-4505, [email protected] ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-316 approving a First Amendment to the Agreement with C.H.W. Enterprises, Inc., DBA Industrial Electrical Machinery, Visalia, CA, for the Furnishing of Electric Motor Rewind/Rebuild Services, increasing the annual amount by $243,196 from $124,304 for a new estimated annual amount of $367,500 and a new total amount not to exceed $1,705,568 over five years and authorizing the Director of Finance or her designee, to execute the Agreement.
Consent
24. Consider approving a Sole Source Purchase Agreement with APG-Neuros, Blainville, Quebec, Canada, for the Procurement of Flow Meters and Parts for an estimated annual amount of $150,000 and a total amount not to exceed $750,000 over five years. (Funding Source: Wastewater Fund)
Resolution approving a Sole Source Purchase Agreement with APG-Neuros, Blainville, Quebec, Canada, for the Procurement of Flow Meters and Parts for an estimated annual amount of $150,000 and a total amount not to exceed $750,000 over five years, and authorizing the Director of Finance, or her designee, the ability to add parts based on the department’s needs, ensuring the total amount does not exceed the authorized total, and authorizing the Director of Finance or her designee, to execute the Agreement.
UTILITIES; Monte Hamilton, 209-342-4505, [email protected] ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-317 approving a Sole Source Purchase Agreement with APG-Neuros, Blainville, Quebec, Canada, for the Procurement of Flow Meters and Parts for an estimated annual amount of $150,000 and a total amount not to exceed $750,000 over five years, and authorizing the Director of Finance, or her designee, the ability to add parts based on the department’s needs, - 12 -
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ensuring the total amount does not exceed the authorized total, and authorizing the Director of Finance or her designee, to execute the Agreement.
Consent
25. Consider accepting improvements for the Amtrak Station Roof and Restroom Renovation Project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $448,978 to Commercial Waterproofing Systems; dba ERC Roofing & Waterproofing, Inc., Santa Ana, CA. (Funding Source: Local Transportation Funds-Regional Facilities and State of Good Repair)
Resolution accepting the Amtrak Station Roof and Restroom Renovation Project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $448,978 to Commercial Waterproofing Systems; dba ERC Roofing & Waterproofing, Inc., Santa Ana, CA.
UTILITIES; Pete Kambel, 209-577-5444, [email protected] ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-318 accepting the Amtrak Station Roof and Restroom Renovation Project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $448,978 to Commercial Waterproofing Systems; dba ERC Roofing & Waterproofing, Inc., Santa Ana, CA.
Consent
26. Consider accepting the Street Improvements Southbound McHenry Avenue to Westbound Briggsmore Avenue CML-5059 (186) project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $1,222,355 to George Reed, Inc., of Modesto, CA. (Funding Source:
Congestion Mitigation and Air Quality (CMAQ), Regional Surface Transportation Program Funds (RSTP), Streets Community Facilities Fees (CFF), and Measure L MOE Funds)
Resolution accepting the Street Improvements Southbound McHenry Avenue to Westbound Briggsmore Avenue CML-5059 (186) project project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $1,222,355 to George Reed, Inc., CA.
UTILITIES; Pete Kambel, 209-577-5444, [email protected] ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-319 accepting the Street Improvements Southbound McHenry Avenue to Westbound Briggsmore Avenue CML-5059 (186) project project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $1,222,355 to George Reed, Inc., CA.
Consent
27. Consider approving and certifying an update to the City of Modesto Sewer System - 13 -
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Management Plan. (Funding Source: Wastewater Fund)
Resolution approving and certifying an update to the City of Modesto Sewer System Management Plan.
UTILITIES; Robert Englent, 209-577-6222, [email protected] ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-320 approving and certifying an update to the City of Modesto Sewer System Management Plan.
COUNCIL COMMENTS & REPORTS
Council Member Ricci commented that over the last couple of weeks there have been hate groups boldly pushing their agendas. There have been antisemitic flyers distributed and other fascist groups pushing their hate information. Modesto has a hate problem and it must be addressed. He believes those groups are the minority. It’s time for this City to speak up and take action to make it clear that Modesto is not a place for hate, and that they are committed to a community of diversity. Silence in the face of bigotry is no better than being supportive. He thinks that a way to address it is to create a historical monument dedicated to local Jewish cultural history and contributions to the City. A LGBT sidewalk in downtown to demonstrate the City’s commitment to diversity and freedom. Also, they should make Juneteenth an official Holiday.
Council Member Escutia-Braaton publicly denounced any and all individuals and groups who discriminate against those that are different. There’s no room in Modesto for any kind of antisemitic behavior or discrimination. She would like to belive that in Modesto they recognize that they are more alike than different.
Council Member Madrigal echoed the comments from Council Member Ricci. He believes they have an opportunity to really make a statement that Modesto is a welcoming city and that they do not tolerate hate. One way to show that is by funding some of the ideas that Council Member Ricci put forward and possibly using some of the ARPA funding. He hopes the Council will bring back something they can discuss.
Mayor Zwahlen commented that one way she tries to demonstrate inclusion is to spend time with people that may believe differently than she does or are different in whatever way it is. She was honored to visit Howard Prep, especially in light of this month they are celebrating American’s with Disability Awareness. She acknowledged all of the activities Howard Prep does and watching how the Howard Prep participants learn how to cook and how to interact with each other and train others for jobs. It was delightful spending time with them.
CITY MANAGER COMMENTS & REPORTS
City Manager Lopez reported that tonight he is proud to announce a new language access feature the City has made available to the public. Modesto is the first City to incorporate “Wordly” multilingual communication in California. Wordly provides real time - 14 -
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translation in captions translated into 20 different languages. A QR Code is included on the posted agendas. Residents will be able to view meetings in the language of their choosing. He is very proud of staff for their work in bringing about this innovation and milestone in the City's strategic plan.
HEARINGS
Published in the Modesto Bee on June 22, 2022.
28. Hearing to consider a proposed an amendment to Planned Development P-D (247) to allow for commercial development that would include food truck commissary, parking, and manufacturing/repair services on property located at 2301 Crows Landing Road. (Funding Source: Developer Funded)
Resolution approving an amendment to Planned Development P-D (247) to allow for commercial development that would include food truck commissary, parking, and manufacturing/repair services on property located at 2301 Crows Landing Road.
Resolution finding that the following subsequent project is within the scope of the project covered by the Modesto Urban Area General Plan Master Environmental Impact Report (SCH No 2014042081): an amendment to Planned Development P-D (247) to allow commercial development that would include food truck commissary parking, and manufacturing/repair services on property located at 2301 Crows Landing Road.
CED; Paul Liu, 209-577-5282, [email protected]
ACTION: (Madrigal/Escutia-Braaton; 6/0) Resolution 2022-321 approving an amendment to Planned Development P-D (247) to allow for commercial development that would include food truck commissary, parking, and manufacturing/repair services on property located at 2301 Crows Landing Road.
ACTION: (Wright/Madrigal; 6/0) Resolution 2022-322 finding that the following subsequent project is within the scope of the project covered by the Modesto Urban Area General Plan Master Environmental Impact Report (SCH No 2014042081): an amendment to Planned Development P-D (247) to allow commercial development that would include food truck commissary parking, and manufacturing/repair services on property located at 2301 Crows Landing Road.
NEW BUSINESS
29. Consider approving a Master Property Tax Revenue Agreement with Stanislaus County. (Funding Source: General Fund)
Resolution approving a Master Property Tax Revenue Agreement with Stanislaus County.
BUDGET; Steve Christensen, 209-577-5390, [email protected] ACTION: (Escutia-Braaton/Wright; 6/0) Resolution 2022-323 approving a Master Property Tax Revenue Agreement with Stanislaus County.
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30. Consider approving a Blight Abatement Pilot Program and the “Modesto Mo’ Beautiful” Slogan for education and outreach on blight abatement programs in accordance with the 2020-2025 Blight Abatement Strategy, and allocating $750,000 in America Rescue Plan Act funding toward blight abatement efforts, and amending the position allocation plan for the Fiscal Year 2021-2022 as adopted in the operating budget. (Funding Source: America Rescue Plan Funding)
Resolution approving a Blight Abatement Pilot Program and the “Modesto Mo’ Beautiful” Slogan for education and outreach on blight abatement programs in accordance with the 2020-2025 Blight Abatement Strategy, and allocating $750,000 in America Rescue Plan Act funding toward blight abatement efforts. Resolution approving an American Rescue Plan Act (ARPA) Homeowner Rehabilitation Program Policy defining the structure of the program, and allocating $250,000 from the $750,000 allocation in American Rescue Plan funds for the Blight Abatement Pilot Program.
Resolution amending the position allocation for the Fiscal Year 2021-2022 as adopted in the operating budget.
CITY MANAGER; Scotty Douglass, 209-577-9149, [email protected] ACTION: (Wright/Ricci; 6/0) Resolution 2022-324 approving a Blight Abatement Pilot Program and the “Modesto Mo’ Beautiful” Slogan for education and outreach on blight abatement programs in accordance with the 2020-2025 Blight Abatement Strategy, and allocating $750,000 in America Rescue Plan Act funding toward blight abatement efforts.
ACTION: (Wright/Ricci; 6/0) Resolution 2022-325 approving an American Rescue Plan Act (ARPA) Homeowner Rehabilitation Program Policy defining the structure of the program, and allocating $250,000 from the $750,000 allocation in American Rescue Plan funds for the Blight Abatement Pilot Program.
ACTION: (Wright/Ricci; 6/0) Resolution 2022-326 amending the position allocation for the Fiscal Year 2021-2022 as adopted in the operating budget.
31. Consider approving the City’s Pandemic Recovery Strategy, Modesto Forward, for the use of the second allocation of American Rescue Plan funds and authorizing the City Manager, or his designee, to carry out the necessary steps to implement the programs and funding allocations. (Funding Source: American Rescue Plan Act) Resolution approving the City’s Pandemic Recovery Strategy, Modesto Forward, for the use of the second allocation of American Rescue Plan funds and authorizing the City Manager, or his designee, to carry out the necessary steps to implement the programs and funding allocations.
CITY MANAGER; Allison Van Guilder, 209-577-5228, [email protected] ACTION: (Wright/Ricci; 6/0) Resolution 2022-327 approving the City’s Pandemic Recovery Strategy, Modesto Forward, for the use of the second allocation of American Rescue Plan funds and authorizing the City Manager, or his designee, to carry out the - 16 -
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necessary steps to implement the programs and funding allocations.
32. Consider accepting an update on the 2021 Stanislaus Regional Strategic Plan to Address Homelessness and approving the direction of the implementation plan. (Funding Source: Not applicable)
Resolution accepting an update on the 2021 Stanislaus Regional Strategic Plan to address Homelessness and approving the direction of the implementation plan.
CED; Jessica Hill, 209-577-5321, [email protected]
ACTION: (Ricci/Escutia-Braaton; 6/0) Resolution 2022-328 accepting an update on the 2021 Stanislaus Regional Strategic Plan to address Homelessness and approving the direction of the implementation plan.
33. Consider approving a pilot Safe Parking Program at the parking lot located at 9th and B Streets (APN: 106-047-003) for a maximum of 25 vehicles, and authorizing the City Manager, or his designee, to negotiate and execute necessary Agreements with the County of Stanislaus, Salvation Army, and Stanislaus Food Products (SFP) for the use of the site as a Safe Parking Program. (Funding Source: American Rescue Plan Act Funding)
Resolution approving a pilot Safe Parking Program at the parking lot at 9th and B Streets (APN: 106-047-003) for a maximum of 25 vehicles, and authorizing the City Manager to negotiate execute necessary Agreements with the County of Stanislaus, Salvation Army, and Stanislaus Foods for the use of the site for this pilot Safe Parking Program.
CED; Jessica Hill, 209-571-5101, [email protected]
ACTION: (Ricci/Escutia-Braaton; 6/0) Resolution 2022-329 approving a pilot Safe Parking Program at the parking lot at 9th and B Streets (APN: 106-047-003) for a maximum of 25 vehicles, and authorizing the City Manager to negotiate execute necessary Agreements with the County of Stanislaus, Salvation Army, and Stanislaus Foods for the use of the site for this pilot Safe Parking Program.
MATTERS TOO LATE FOR THE AGENDA
None.
ADJOURNMENT
This meeting adjourned at 8:29 PM.
Closed Session Items heard prior to meeting.
CLOSED SESSION
CONFERENCE WITH REAL PROPERTY NEGOTIATORS:
(Pursuant to Section 54956.8 of the Government Code)
Property: 7001 Jennings Rd., Modesto CA 95358 – APN 022-001-002 - 17 -
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Property Owners: City of Modesto
Negotiating Parties:
For City: Bill Sandhu, Public Works Director
Jose M. Sanchez, City Attorney
For Owner: Scott Gardner, Chief Commercial Officer
Under Negotiation: Price and Terms of a Site Lease Option Agreement
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Pursuant to Section 54957 of the Government Code)
Title: City Clerk
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(a) of the Government Code) Name of case(s): Jeremy Davis v. City of Modesto
California Workers Compensation Appeals Board
Nos. ADJ12156935, ADJ14179967
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Three Cases (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
Chipponeri v. City of Modesto
Case No. 2028661
City of Modesto, et al. v. The Dow Chemical Company, et al. (PCE)
Court of Appeals of the State of California, Appeal Case No:
A134419
Attest:____________________________
Diane Nayares-Perez, City Clerk