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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, September 13, 2022 at 5:30 PM
Roll Call – Present: Councilmembers Escutia-Braaton, Kenoyer, Madrigal, Ricci, Wright, Mayor Zwahlen
Absent: None
Pledge of Allegiance to the Flag
Invocation: Wade Patton, City Ministry Network
City Clerk’s Announcements: Public Comment was received for Item 19 and forwarded to the Council.
Declaration of Conflicts of Interest: None
Reports from Closed Session: City Attorney Sanchez reported that the Council unanimously voted to authorize the City Manager or his designee to negotiate and execute a lease and related documents with Tesla. The lease will be for use of approximately 500 parking stalls located at the airport. The base rent will be $80 per parking stall per month and the term of the lease will be for 24 months. Thereafter, it will turn into a month to month lease.
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Stanislaus County Update (Funding Source: Not Applicable) CITY MANAGER; Joseph Lopez, 209-577-5223, [email protected] - 2 -
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ACTION: Mani Grewal, Stanislaus County Board of Supervisor provided a County update.
2. Presentation of Proclamation recognizing National Hispanic Heritage Month (Funding Source: Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected] ACTION: Mayor Zwahlen read proclamation recognizing National Hispanic Heritage Month.
3. Presentation of Proclamation declaring September 20, 2022 as National Voter Registration Day. (Funding Source: Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected] ACTION: Mayor Zwahlen read proclamation declaring September 20, 2022 as National Voter Registration Day.
4. Proclamation declaring September as National Senior Center Month. (Funding Source:
Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected] ACTION: Mayor Zwahlen read proclamation declaring September as National Senior Center Month.
5. Presentation to Modesto Junior College of the Morris Portrait in honor of MJC’s 100th anniversary. (Funding Source: Not Applicable)
PRN; Laurie Smith, 209-577-5347, [email protected]
ACTION: The City Council presented Morris Portrait to MJC in honor of their 100th anniversary.
PUBLIC COMMENT PERIOD
Nasson Sanchez spoke in support of repealing the ban on cruising, and commented on the cruise held last week in Modesto.
Jerry Thompson spoke in support of lifting the ban on cruising. He commented on cruising in Modesto during the years of 1979-1993. He asked the City to mend the decisions that happened in the past. There were no issues when he cruised on other months outside of June.
Tina Tateo member of Modesto Cruisers Council, spoke in support of lifting the ban on cruising. The first cruise allowed by the City last Friday went very well. - 3 -
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Patrick Worley commented on the shooting of Paul Chavez and Officer Sam Muncy. He further commented on de-escalation and urged the Council to listen to the words of the people commenting.
Betty Santos member of the Modesto Cruisers Council shared some history of streets in California that are amongst the most cruised strips in California and McHenry is one of them. She spoke in support of lifting the ban on cruising. Ramon Rodriguez spoke in support of lifting the ban on cruising. Modesto is the hometown of George Lucas and should be the capital of cruising. He also commented about the shooting of Paul Chavez and de-escalation. He further commented on the straight pride event and stated that the community members need to feel safe. Charmaine Breedlove spoke in support of cruising in Modesto. It's a win-win for Modesto and the businesses downtown. They want to prove they can do this safely with no problems and put Modesto back on the map as the home of graffiti. Steve spoke about Officer Sam Muncy and the death of Paul Chavez. He further commented on Forward Together. He also spoke about the Modesto police officers that were at the scene of the incident.
Richard Anderson asked if the Council could invite East Side Mosquito District to a City Council meeting to talk about their mosquito control program. He further commented on an incident that occurred to him and his wife when the East Side Mosquito District treated his neighborhood for mosquitos.
Ana spoke regarding the death of Paul Chavez, Jr. She spoke about the Modesto Police Department Policy Manual - in particular the Use of Force Policy, Alternative Tactics, De-escalation and Deadly Force Applications.
David Froba, Workforce Housing Coalition spoke about manufactured homes and the housing plan. He asked Council to consider manufactured homes at the municipal golf course.
Sharon Froba, NAACP Housing Chair spoke about the 15,485 households that need more affordable housing. She spoke in support of using the City's formal municipal golf course site for housing.
Alissia Hager spoke about advocacy and response. She further commented on the shooting of Paul Chavez, Jr., and asked when is the Council going to take action. Brittoni Estrella Chavez, commented on the death of her husband Paul Davis Chavez, Jr.
She spoke about recently moving to Modesto in April before the incident occurred. She further commented on Officers Muncy and Valencia, and asked for Council action and that the District Attorney pick up the case.
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Brandon Saker commented on the death of Paul Chavez, Jr. He asked the Council to put themselves in the position of the Chavez family. He stated that the Modesto Police Department needs to be held accountable, investigate and act swiftly. He asked Council to help get this case picked up by the District Attorney. Johnathan Williams mentioned the names of Paul Chavez’s three sons, Paul III, Abraham and Josiah and stated that they will never see their dad again. He commented on the shooting of Paul Chavez and Officer Muncy. He stated that the District Attorney needs to pick up the case.
Bianca Lopez spoke in support of cruising, and the requests for an update on using the municipal golf course for housing. She stated that she is also here to support the family of Paul Chavez and justice. She spoke about the agenda and what it says about responding to questions. She asked what has been done about Officer Muncy and stated that Council should represent the people.
Teresa Clutter spoke about the shooting of her son-in-law, Paul Chavez. She commented on evaluations and what protocol is taken during an officer involved shooting. She further commented on Officer Muncy returning to work. She asked that the Council please have the District Attorney pick up the case.
Darlene Ruiz, Trevor Seever’s mother stated she stands in solidarity with the family of Paul Chavez. She asked, when will the community stand together and do something.
There needs to be accountability and de-escalation practices are needed. When are they going to realize what's happening in the community?
Sebastian, commented on the increase of people experiencing mental health problems.
He also spoke about the shooting of Paul Chavez, and Officer Muncy being back on the job.
Howard Carmen spoke about issues he recently encountered while riding the Stanislaus Regional Transit to UCSF.
Recessed: 7:27 pm
Reconvened: 7:33 pm
Derek Castle spoke in support of Consent Item 19.
Brad Craw spoke in support of Consent Item 19.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS 6-27: (Kenoyer/Ricci; 6/0)
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CONSENT ITEMS
Consent
6. Consider approving the minutes from the August 23, 2022 Council Meeting. (Funding Source: Not Applicable)
Motion approving the minutes from the August 23, 2022 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Kenoyer/Ricci; 6/0) Motion approving the minutes from the August 23, 2022 Council Meeting.
Consent
7. 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/Ricci; 6/0) Resolution 2022-363 continuing to authorize remote teleconference meetings of the City of Modesto pursuant to Assembly Bill 361.
Consent
8. Consider approving the responses to the Findings and Recommendations of the 2021- 2022 Stanislaus County Civil Grand Jury Report- Case #22-05GJ and Case # 22-07GJ (Funding Source: Not Applicable)
Resolution approving responses to the Findings and Recommendations of the 2021-2022 Stanislaus County Civil Grand Jury Reports- Case #22-05GJ and Case# 22-07GJ.
CITY MANAGER; Joseph Lopez, 209-577-5223, [email protected] ACTION: (Kenoyer/Ricci; 6/0) Resolution 2022-364 approving responses to the Findings and Recommendations of the 2021-2022 Stanislaus County Civil Grand Jury Reports- Case #22-05GJ and Case# 22-07GJ.
Consent
9. Consider approving the recommended budget adjustments to Fiscal Year 2021-22 and Fiscal Year 2022-23 Annual Operating and Capital Improvement Program Budgets; Amending the position allocation for Fiscal Year 2022-23 as adopted in the operating budget. (Funding Source: Various Funds)
Resolution amending Fiscal Year 2021-22 and Fiscal Year 2022-23 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.
Resolution amending the position allocation for Fiscal Year 2022-23 as adopted in the operating budget.
BUDGET; Steve Christensen, 209-577-5390, [email protected] - 6 -
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ACTION: (Kenoyer/Ricci; 6/0) Resolution 2022-365 amending Fiscal Year 2021-22 and Fiscal Year 2022-23 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.
ACTION: (Kenoyer/Ricci; 6/0) Resolution 2022-366 amending the position allocation for Fiscal Year 2022-23 as adopted in the operating budget.
Consent
10. Consider accepting the Fiscal Year 2021-22 Write-off and Adjustments reports through fiscal year-end June 30, 2022 in the total amount of $1,465,305. (Funding Source:
Abatement and Public Nuisance Fund, Airport Operating Fund, Compost Fund, Fleet Management Fund, General Fund, Green Waste Fund, Solid Waste Fund, Surface Transportation Fund, Water Fund)
Resolution approving the 2021-2022 Write-Off and Adjustments reports through Fiscal Year end June 30, 2022 in the total amount of $1,465,305 and directing a report of disposition to be filed with the City Clerk.
FINANCE DEPARTMENT; DeAnna Christensen, 209-577-5387,
[email protected]
ACTION: (Kenoyer/Ricci; 6/0) Resolution 2022-367 approving the 2021-2022 Write-Off and Adjustments reports through Fiscal Year end June 30, 2022 in the total amount of $1,465,305 and directing a report of disposition to be filed with the City Clerk.
Consent
11. Consider approving a report detailing City personal property sold, donated, or disposed of during Fiscal Year 2021-22. (Funding Source: Fleet Management, General, Green Waste, Sewer Operations, Storm Drain, Surface Transportation, Water) Motion approving a report detailing all personal property sold, donated, or disposed of during FY 2021-22.
FINANCE DEPARTMENT; DeAnna Christensen, 209-577-5387,
[email protected]
ACTION: (Kenoyer/Ricci; 6/0) Motion approving a report detailing all personal property sold, donated, or disposed of during FY 2021-22.
Consent
12. Consider claiming Fiscal Year 2021-2022 unclaimed funds of $18,813 held in the City’s trust for more than three years and authorizing the transfer to the General Fund. (Funding Source: General Fund)
Resolution claiming Fiscal Year 2021-2022 unclaimed funds of $18,813 held in the City’s Trust Fund for more than three years and authorizing the transfer to the General Fund.
FINANCE DEPARTMENT; DeAnna Christensen, 209-577-5387,
[email protected]
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ACTION: (Kenoyer/Ricci; 6/0) Resolution 2022-368 claiming Fiscal Year 2021- 2022 unclaimed funds of $18,813 held in the City’s Trust Fund for more than three years and authorizing the transfer to the General Fund.
Consent
13. Consider accepting an informational report for the July 2022 Accounts Payable Payment Register and Void report. (Funding Source: Not Applicable) Motion accepting an informational report for the July 2022 Accounts Payable Payment Register and Void Report.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Kenoyer/Ricci; 6/0) Motion accepting an informational report for the July 2022 Accounts Payable Payment Register and Void Report.
Consent
14. Consider approving an Agreement with Salida Fire Protection District for the allocation of District Revenue resulting from the annexation of property(ies) within the Woodglen residential neighborhood and future annexations to the City of Modesto. (Funding Source: General Fund)
Resolution approving an Agreement between the City of Modesto and the Salida Fire Protection District for the allocation of District Revenue resulting from the annexation of property(ies) within the Woodglen residential neighborhood and future annexations to the City, and authorizing the City Manager, or his designee, to execute the Agreement.
FIRE ; Alan Ernst, 209-572-9590, [email protected] ACTION: (Kenoyer/Ricci; 6/0) Resolution 2022-369 approving an Agreement between the City of Modesto and the Salida Fire Protection District for the allocation of District Revenue resulting from the annexation of property(ies) within the Woodglen residential neighborhood and future annexations to the City, and authorizing the City Manager, or his designee, to execute the Agreement.
Consent
15. Consider approving an Agreement to provide Fire Protection Services between the City of Modesto and the Salida Fire Protection District for a five-year term, with a two-year extension option; approving the side letter to the Modesto City Fire Fighters Association Memorandum of Understanding as it relates to the Agreement to provide Fire Protection Services between the City of Modesto and the Salida Fire Protection District; amending the Position Allocation for Fiscal Year 2022-23 as adopted in the operating budget; approving an application to the Stanislaus Local Agency Formation Commission to confirm the City of Modesto’s fire services contract with the Salida Fire Protection District; and amending the Fiscal Year 2022-23 Operating Budget by $1,727,016 in revenues and $1,677,016 in expenses. (Funding Source: General Fund) - 8 -
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Resolution approving an Agreement to provide Fire Protection Services between the City of Modesto and the Salida Fire Protection District for a fiveyear term, with a two-year extension option and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution approving the side letter to the Modesto City Fire Fighters Association Memorandum of Understanding as it relates to the Agreement to provide Fire Protection Services between the City of Modesto and the Salida Fire Protection District and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution amending the Position Allocation for Fiscal Year 2022-23 as adopted in the operating budget.
Resolution approving an application to the Stanislaus Local Agency Formation Commission to confirm the City of Modesto’s Fire Services Contract with the Salida Fire Protection District and authorizing the City Manager, or his designee, to execute the application.
Resolution amending the Fiscal Year 2022-23 Annual Operating Budget to increase the revenue budget by $1,727,016 and expense budget by $1,677,016 in the new General Fund cost center 18217 (MFD – Fire Services for Salida), and authorizing the City Manager, or his designee, to implement the provisions of this Resolution.
FIRE DEPARTMENT; Alan Ernst, 209-572-9590, [email protected] ACTION: (Kenoyer/Ricci; 6/0) Resolution 2022-370 approving an Agreement to provide Fire Protection Services between the City of Modesto and the Salida Fire Protection District for a five-year term, with a two-year extension option and authorizing the City Manager, or his designee, to execute the Agreement.
ACTION: (Kenoyer/Ricci; 6/0) Resolution 2022-371 approving the side letter to the Modesto City Fire Fighters Association Memorandum of Understanding as it relates to the Agreement to provide Fire Protection Services between the City of Modesto and the Salida Fire Protection District and authorizing the City Manager, or his designee, to execute the Agreement.
ACTION: (Kenoyer/Ricci; 6/0) Resolution 2022-372 amending the Position Allocation for Fiscal Year 2022-23 as adopted in the operating budget.
ACTION: (Kenoyer/Ricci; 6/0) Resolution 2022-373 approving an application to the Stanislaus Local Agency Formation Commission to confirm the City of Modesto’s Fire Services Contract with the Salida Fire Protection District and authorizing the City Manager, or his designee, to execute the application.
ACTION: (Kenoyer/Ricci; 6/0) Resolution 2022-374 amending the Fiscal Year 2022-23 Annual Operating Budget to increase the revenue budget by $1,727,016 and expense budget by $1,677,016 in the new General Fund cost center 18217 (MFD – Fire Services for Salida), and authorizing the City Manager, or his designee, to implement the provisions of this Resolution.
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Consent
16. Consider approving an Agreement with CSG Consultants, Inc. for Fire Prevention Plan Check Services, for a two-year Agreement, with three one-year extension options, for an annual estimated amount of $75,000 and total amount not to exceed $375,000. (Funding Source: General Fund)
Resolution approving an Agreement with CSG Consultants, Inc. for Fire Prevention Plan Check Services, for a two-year Agreement, with three one-year extension options, for an annual estimated amount of $75,000 and total amount not to exceed $375,000, and authorizing the City Manager, or his designee to execute the Agreement.
FIRE DEPARTMENT; Alan Ernst, 209-572-9590, [email protected] ACTION: (Kenoyer/Ricci; 6/0) Resolution 2022-375 approving an Agreement with CSG Consultants, Inc. for Fire Prevention Plan Check Services, for a two-year Agreement, with three one-year extension options, for an annual estimated amount of $75,000 and total amount not to exceed $375,000, and authorizing the City Manager, or his designee to execute the Agreement.
Consent
17. Consider approving Agreements with Kramer Workplace Investigations, Danville, CA; Ellis Investigations Law Corporation, Sacramento, CA, Oppenheimer Investigations Group LLP, Berkeley, CA, Armistead Research and Investigations, Orangevale, CA; and Municipal Resource Group, LLC, Wilton, CA to conduct citywide Administrative Investigations on an as needed basis, in an amount not to exceed $100,000 each for two years and authorizing the City Manager, or his designee to execute the Agreements. (Funding Source: Various depending on subject of the investigation) Resolution approving Agreements with Kramer Workplace Investigations, Danville, CA; Ellis Investigations Law Corporation, Sacramento, CA, Oppenheimer Investigations Group LLP, Berkeley, CA, Armistead Research and Investigations, Orangevale, CA; and Municipal Resource Group, LLC, Wilton, CA to conduct citywide Administrative Investigations on an as needed basis, in an amount not to exceed $100,000 each for two years and authorizing the City Manager, or his designee to execute the Agreements.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] ACTION: (Kenoyer/Ricci; 6/0) Resolution 2022-376 approving Agreements with Kramer Workplace Investigations, Danville, CA; Ellis Investigations Law Corporation, Sacramento, CA, Oppenheimer Investigations Group LLP, Berkeley, CA, Armistead Research and Investigations, Orangevale, CA; and Municipal Resource Group, LLC, Wilton, CA to conduct citywide Administrative Investigations on an as needed basis, in an amount not to exceed $100,000 each for two years and authorizing the City Manager, or his designee to execute the Agreements.
Consent
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18. Consider approving an Amendment to the Purchase Agreement with Mansfield, Lierly & Associates, Citrus Heights, CA, for additional Polygraph Examinations, by $26,800 annually for a revised estimated annual amount of $72,025 and a revised total amount not to exceed $189,275. (Funding Source: General Fund)
Resolution approving an Amendment to the Purchase Agreement with Mansfield, Lierly & Associates, Citrus Heights, CA, for additional Polygraph Examinations, by $26,800 annually for a revised estimated annual amount of $72,025 and a revised total amount not to exceed $189,275.
POLICE DEPARTMENT; Chris Adams, 209-572-9500, [email protected] ACTION: (Kenoyer/Ricci; 6/0) Resolution 2022-377 approving an Amendment to the Purchase Agreement with Mansfield, Lierly & Associates, Citrus Heights, CA, for additional Polygraph Examinations, by $26,800 annually for a revised estimated annual amount of $72,025 and a revised total amount not to exceed $189,275.
Consent
19. Consider an Ordinance amending section 12-4.202(b)(2) of Article 2 to Chapter 4 of Title 12 of the Modesto Municipal Code relating to the use of parks and recreation areas and facilities to authorize the Director of Parks, Recreation and Neighborhoods to set hours of operations for all parks, trails, green space, and recreation facilities. (Funding Source: General Fund)
Motion introducing and waiving the first reading of an Ordinance amending section 12-4.202(b)(2) of Article 2 to Chapter 4 of Title 12 of the Modesto Municipal Code relating to the use of parks and recreation areas and facilities to authorize the Director of Parks, Recreation and Neighborhoods to set hours of operations for all parks, trails, green space, and recreation facilities.
PRN; Laurie Smith, 209-577-5428, [email protected]
ACTION: (Kenoyer/Ricci; 6/0) Motion introducing and waiving the first reading of Ordinance 3749-C.S. amending section 12-4.202(b)(2) of Article 2 to Chapter 4 of Title 12 of the Modesto Municipal Code relating to the use of parks and recreation areas and facilities to authorize the Director of Parks, Recreation and Neighborhoods to set hours of operations for all parks, trails, green space, and recreation facilities.
Consent
20. Consider approving a 10-year Lease Agreement with Commemorative Air Force, for Hangar 1S at the Modesto City–County Airport. (Funding Source: Airport Operating Fund)
Resolution approving a ten-year lease with Commemorative Air Force (CAF) as a non-profit service provider at the Modesto City-County Airport (MOD), and authorizing the City Manager, or his designee, to execute the Lease Agreement.
PUBLIC WORKS; Gabe da Silva, 209-577-5319, [email protected] ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-378 approving a ten-year lease with Commemorative Air Force (CAF) as a non-profit service provider at the Modesto - 11 -
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City-County Airport (MOD), and authorizing the City Manager, or his designee, to execute the Lease Agreement.
Consent
21. Consider approving the Consultant Agreement to Davey Resource Group for CALFIRE Urban and Community Forestry California Climate Investments, “City of Modesto Urban Forest Services (21-UF-MGMT-004)” for an amount not to exceed $604,585. (Funding Source: California Department of Forestry and Fire Protection Grant and 25% matching funds from FY 21/22 Green Waste Fund) Resolution approving the Consultant Agreement to Davey Resource Group for CALFIRE Urban and Community Forestry California Climate Investments, “City of Modesto Urban Forest Services (21-UF-MGMT-004)” for an amount not to exceed $604,585, and authorizing the City Manager, or his designee, to execute the Agreement.
PUBLIC WORKS; Michael Hoesch, 209-342-4566, [email protected] ACTION: (Kenoyer/Ricci; 6/0) Resolution 2022-379 approving the Consultant Agreement to Davey Resource Group for CALFIRE Urban and Community Forestry California Climate Investments, “City of Modesto Urban Forest Services (21-UFMGMT-004)” for an amount not to exceed $604,585, and authorizing the City Manager, or his designee, to execute the Agreement.
Consent
22. Consider authorizing staff to apply for the California Strategic Growth Council’s Regional Climate Collaboratives Program Grant. (Funding Source: Not Applicable) Resolution authorizing staff to apply for the California Strategic Growth Council’s Regional Climate Collaboratives Program Grant.
PUBLIC WORKS; Myriah Hill, 209-577-5458, [email protected] ACTION: (Kenoyer/Ricci; 6/0) Resolution 2022-380 authorizing staff to apply for the California Strategic Growth Council’s Regional Climate Collaboratives Program Grant.
Consent
23. Consider authorizing staff to apply for the Safe Streets and Roads for All Grant, Strengthening Mobility and Revolutionizing Transportation Grant; and authorizing staff to apply for any future related Grants (Funding Source: SS4A and SMART Grants)
Resolution authorizing staff to apply for the Safe Streets and Roads for All Grant, Strengthening Mobility and Revolutionizing Transportation Grant, and apply for any future related grants.
PUBLIC WORKS; Scott Collins, 209-577-5431, [email protected] ACTION: (Kenoyer/Ricci; 6/0) Resolution 2022-381 authorizing staff to apply for the Safe Streets and Roads for All Grant, Strengthening Mobility and Revolutionizing Transportation Grant, and apply for any future related grants. - 12 -
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Consent
24. Consider accepting the plans and specifications for the Sonoma Trunk Extension, Lift Station and Sylvan Water Main Upgrade Project and awarding a construction contract with Mozingo Construction Inc, of Oakdale, CA, in the amount of $7,981,830 plus $957,821 for contingency (if needed), for a total amount not to exceed $8,939,651; authorizing an increase in the Director’s Authority from 8% to 12% to issue Change Orders; and amending the Fiscal Year 2022-2023 Capital Improvement Project Program Budget. (Funding Source: Wastewater and Water Fund) Resolution approving plans and specifications for the Sonoma Trunk Extension, Lift Station and Sylvan Water Main Upgrade Project, accepting the bid, and approving a construction contract with Mozingo Construction Inc, of Oakdale, CA, in the amount of $7,981,830 plus $957,821 for contingency (if needed) for a total amount not to exceed $8,939,651 and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution authorizing an increase in the Director’s authority to issue Change Orders for the Sonoma Trunk Extension, Lift Station and Sylvan Water Main Upgrade Project from 8% ($638,547) to 12% ($957,821) of the construction contract price of $7,981,830 with Mozingo Construction Inc, of Oakdale, CA. Resolution amending the Fiscal Year 2022-2023 Capital Improvement Program Budget in the amount of $5,526,488 to be transferred into the project from Wastewater Reserves to fully fund the construction, contingency, construction administration and design support during construction for the Sonoma Trunk Extension and Lift station Project and authorizing the City Manager, or his designee, to implement the provisions of this resolution. Resolution amending the Fiscal Year 2022-2023 Capital Improvement Program Budget in the amount of $828,472 to be transferred into the project (101367) from Water Reserves to fully fund the construction, contingency, construction administration and design support during construction for the Sylvan Water Main Upgrades Project and authorizing the City Manager, or his designee, to implement the provisions of this resolution.
UTILITIES; Cristian Ciotau, 209-577-5260, [email protected] ACTION: (Kenoyer/Ricci; 6/0) Resolution 2022-382 approving plans and specifications for the Sonoma Trunk Extension, Lift Station and Sylvan Water Main Upgrade Project, accepting the bid, and approving a construction contract with Mozingo Construction Inc, of Oakdale, CA, in the amount of $7,981,830 plus $957,821 for contingency (if needed) for a total amount not to exceed $8,939,651 and authorizing the City Manager, or his designee, to execute the Agreement.
ACTION: (Kenoyer/Ricci; 6/0) Resolution 2022-383 authorizing an increase in the Director’s authority to issue Change Orders for the Sonoma Trunk Extension, Lift Station and Sylvan Water Main Upgrade Project from 8% ($638,547) to 12% ($957,821) of the construction contract price of $7,981,830 with Mozingo Construction Inc, of Oakdale, CA.
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ACTION: (Kenoyer/Ricci; 6/0) Resolution 2022-384 amending the Fiscal Year 2022-2023 Capital Improvement Program Budget in the amount of $5,526,488 to be transferred into the project from Wastewater Reserves to fully fund the construction, contingency, construction administration and design support during construction for the Sonoma Trunk Extension and Lift station Project and authorizing the City Manager, or his designee, to implement the provisions of this resolution.
ACTION: (Kenoyer/Ricci; 6/0) Resolution 2022-385 amending the Fiscal Year 2022-2023 Capital Improvement Program Budget in the amount of $828,472 to be transferred into the project (101367) from Water Reserves to fully fund the construction, contingency, construction administration and design support during construction for the Sylvan Water Main Upgrades Project and authorizing the City Manager, or his designee, to implement the provisions of this resolution.
Consent
25. Consider approving an Agreement with Carollo Engineers, Inc., Walnut Creek, CA, for Engineering Services for the West Trunk Rehabilitation Project in the amount of $984,404 for the identified scope of services, plus $98,440 in additional services, if needed, for a total amount not to exceed $1,082,844. (Funding Source: Wastewater Fund)
Resolution approving an Agreement with Carollo Engineers, Inc., Walnut Creek, CA, for Engineering Services for the West Trunk Rehabilitation Project in the amount of $984,404 for the identified scope of services, plus $98,440 in additional services, if needed, for a total amount not to exceed $1,082,844 and authorizing the City Manager, or his designee, to execute the Agreement.
UTILITIES; Cristian Ciotau, 209-577-5260, [email protected] ACTION: (Kenoyer/Ricci; 6/0) Resolution 2022-386 approving an Agreement with Carollo Engineers, Inc., Walnut Creek, CA, for Engineering Services for the West Trunk Rehabilitation Project in the amount of $984,404 for the identified scope of services, plus $98,440 in additional services, if needed, for a total amount not to exceed $1,082,844 and authorizing the City Manager, or his designee, to execute the Agreement.
Consent
26. Consider approving an Agreement with Provost & Pritchard Consulting Group, Modesto, CA, for Engineering Services for the Empire Well 312 Treatment System Project in the amount of $147,000 for the identified scope of services, plus $14,700 in additional services, if needed for a total amount not to exceed $161,700. (Funding Source: Water Fund)
Resolution approving an Agreement with Provost & Pritchard Consulting Group, Modesto, CA, for Engineering Services for the Empire Well 312 Treatment System Project in the amount of $147,000 for the identified scope of services, plus $14,700 in additional services, if needed, for a total amount not to exceed $161,700 and authorizing the City Manager, or his designee, to execute the Agreement.
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UTILITIES; Edgar Vargas, 209-577-5424, [email protected] ACTION: (Kenoyer/Ricci; 6/0) Resolution 2022-387 approving an Agreement with Provost & Pritchard Consulting Group, Modesto, CA, for Engineering Services for the Empire Well 312 Treatment System Project in the amount of $147,000 for the identified scope of services, plus $14,700 in additional services, if needed, for a total amount not to exceed $161,700 and authorizing the City Manager, or his designee, to execute the Agreement.
Consent
27. Consider approving the Award of Bid for Pump Station Rejuvenation Services to Don Pedro Pump, Hughson, CA, for a two-year Agreement with three one-year extension options, for an estimated annual amount of $350,000, and $1,974,350 over five years. (Funding Source: Water Fund, Wastewater Fund, Storm Drain Fund) Resolution approving the Award of Bid for Pump Station Rejuvenation Services to Don Pedro Pump, Hughson, CA, for a two-year Agreement with three one-year extension options, for an estimated annual amount of $350,000, and $1,974,350 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/Ricci; 6/0) Resolution 2022-388 approving the Award of Bid for Pump Station Rejuvenation Services to Don Pedro Pump, Hughson, CA, for a two-year Agreement with three one-year extension options, for an estimated annual amount of $350,000, and $1,974,350 over five years and authorizing the City Manager, or his designee, to execute the Agreement.
COUNCIL COMMENTS & REPORTS
Vice Mayor Wright commented on the cruise held this past Friday and he heard it was a nice and peaceful event. He encouraged those cruisers to continue to work with the Chief of Police on other events coming up. He thanked the cruisers for being here tonight.
Council Member Ricci thanked all the folks that came out tonight and the dozens of people that live around Graceada and Enslen Park that emailed the Council to ask for change in the parks.
He referenced some issues occurring in parks and encouraged people’s voices to inspire government to provide the safe spaces where people can go and start the healing process to rejoin society. Modesto is doing a lot to help people suffering from drug addiction, mental health and homelessness and some programs are even winning awards. He can’t argue with what they are seeing in the streets, but they have to do more.
Council Member Escutia-Braaton reported that she, along with Supervisor Mani Grewal, and the Superintendent of Public Instruction spoke to a large group of high school seniors and juniors at the Stanislaus County Office of Education Leadership Academy. She further reported that she regrets that due to being out of State attending to a family loss, she was not able to participate in the September 11th memorial service conducted by the City of Modesto. She expressed her - 15 -
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gratitude to everyone that came out and spoke today. There was approximately two hours of public comment and she wants everyone to know that the comments were heard and listened to.
They factor in the information shared with them and it’s factored into their thoughts and decision making. It’s not in vain that the public takes the time away from their families and personal time to come and express their opinion to the Council. She is grateful that they do that.
Council Member Madrigal reported that as the voting delegate for the City of Modesto, he attended the League of California Cities Annual Conference and Annual Business meeting. This is his last time serving on the Board of the League of Cities. He shared some of the various tasks, programs and advocacy that the League supports and has implemented. He also reported on attending the First Annual Modesto Bacon Festival held this past Saturday. This is something that he had been talking with the event coordinator to bring to Modesto. In addition, he attended the September 11th ceremony at the Modesto Fire Station. He also invited the public to attend the Mexican Independence Day event this Thursday at 5 pm at El Rematito. The dignitaries portion of the event will begin at 7:45 pm. The event is sponsored by the South Modesto Business United, a non-profit group and the event is free to the community.
Mayor Zwahlen stated that public comment is the citizens time and the time for the Council to listen. She appreciates every person who took the time to be here and appreciates hearing from the community. She further commented that she was born in the Graceada neighborhood and still lives there and has for the past 68 years. In addition, she attended the cruising event on Friday and drove around downtown that night. Mayor Zwahlen also reported on attending a Taiwanese food demonstration and, an Indian Onam celebration at Enochs High School. The Mayor was invited to give well wishes to Christine Yarbrough who turned 100. The Mayor further reported she, along with Council Member Madrigal, attended the League of California Cities Annual Conference. At the conference, she was honored to receive the 2022 Helen Putnam Award for Excellence in Internal Administration for the implementation of a data collection tool that helps inform the city’s efforts to support unhoused residents. The Mayor also attended the American Legion Boy's and Girl's State Dinner, and attended the September 11th flag raising at the Modesto Fire Station. She invited the public to attend the Mayor’s meeting in the park this Thursday, at 6 pm in Enslen Park.
CITY MANAGER COMMENTS & REPORTS
City Manager Lopez reported that the next public municipal golf course meeting will be held October 19th and it will be held virtually and invited the public to attend.
City Manager Lopez recognized Steve Mitchell, Planning Manager who is retiring after 43 years of service. City Manager Lopez acknowledged Steve’s many accomplishments, and thanked him for his many years of service. The Mayor and Council presented a plaque to Steve Mitchell.
UNFINISHED BUSINESS
28. Consider approving Water Conservation Rebate Program Modifications for Fiscal Year (FY) 22/23 to increase the funds budgeted for rebates by $285,000 from $430,000 to - 16 -
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$715,000 and consider amending the Fiscal Year 22/23 operating budget in the amount of $285,000 to be transferred from Water reserves. (Funding Source: Water Fund) Resolution approving Water Conservation Rebate Program Modifications for Fiscal Year 22/23 to increase the funds budgeted for rebates by $285,000 from $430,000 to $715,000.
Resolution amending the Fiscal Year 22/23 Water Operating Budget in the amount of $285,000 to be transferred from Water reserves and authorizing the City Manager, or his designee, to implement the provisions of the Resolution.
UTILITIES; Jeff Daniels, 209-342-4585, [email protected] ACTION: (Wright/Madrigal; 6/0) Resolution 2022-389 approving Water Conservation Rebate Program Modifications for Fiscal Year 22/23 to increase the funds budgeted for rebates by $285,000 from $430,000 to $715,000.
ACTION: (Wright/Madrigal; 6/0) Resolution 2022-390 amending the Fiscal Year 22/23 Water Operating Budget in the amount of $285,000 to be transferred from Water reserves and authorizing the City Manager, or his designee, to implement the provisions of the Resolution.
HEARINGS
Published in the Modesto Bee on August 24, 2022.
29. Hearing to consider a proposed amendment to the land use diagram of the Kiernan Business Park Specific Plan to amend 12.8 acres from Business Park to Mixed Uses (MU), property located at 2731 and 2931 Bangs Avenue, east of Dale Road. (Funding Source: Developer Funded)
Resolution approving Specific Plan Amendment No. 13 to the Kiernan Business Park Specific Plan to change the land use designation of 12.8 acres from Business Park (BP) to Mixed Uses (MU), property located at 2731 and 2931 Bangs Avenue.
CED; Katharine Martin, 209-577-5267, [email protected] ACTION: (Wright/Escutia-Braaton; 6/0) Resolution 2022-391 approving Specific Plan Amendment No. 13 to the Kiernan Business Park Specific Plan to change the land use designation of 12.8 acres from Business Park (BP) to Mixed Uses (MU), property located at 2731 and 2931 Bangs Avenue.
MATTERS TOO LATE FOR THE AGENDA
None.
ADJOURNMENT
This meeting adjourned at 8:16 pm
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Closed Session matters heard before the meeting.
CLOSED SESSION
CONFERENCE WITH REAL PROPERTY NEGOTIATORS:
(Pursuant to Section 54956.8 of the Government Code)
Property: 617 Airport Way, Modesto, CA 95354, APN: 036-023-002 Property Owners: City of Modesto
Negotiating Parties:
For City: Bill Sandhu, Public Works Director
Jose M. Sanchez, City Attorney
For Leasee: Alex Somerville, Senior Vice President
Under Negotiation: Price and Terms of a Site Lease Option Agreement Attest:____________________________
Diane Nayares-Perez, City Clerk