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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, October 04, 2022 at 5:30 PM
Roll Call – Present: Councilmembers Escutia-Braaton, Kenoyer, Madrigal (5:36 p.m.), Ricci, Wright, Mayor Zwahlen
Absent: None
Pledge of Allegiance to the Flag
Invocation: Lynette Crase, Emanuel Lutheran Church
City Clerk’s Announcements: None
Declaration of Conflicts of Interest: None
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Presentation of Proclamation proclaiming October 2022 as Hindu American Awareness and Appreciation Month. (Funding Source: Not Applicable) CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected] ACTION: Mayor Zwahlen presented a proclamation declaring October 2022 as Hindu American Awareness and Appreciation Month.
2. Presentation of Proclamation proclaiming October 2022 as National Domestic Violence Awareness Month. (Funding Source: Not Applicable) CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected] - 2 -
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ACTION: Mayor Zwahlen presented a proclamation declaring October 2022 as National Domestic Violence Awareness Month.
3. Presentation of Proclamation proclaiming October 9-15, 2022, as “Fire Prevention Week” in the City of Modesto. (Funding Source: Not Applicable) CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected] ACTION: Mayor Zwahlen presented a proclamation declaring October 9-15, 2022, as “Fire Prevention Week” in the City of Modesto.
PUBLIC COMMENT PERIOD
Tina Perez Tateo, Modesto Cruisers Council asked that the ban on cruising be lifted. She invited the public and Council to attend a cruise to benefit cancer awareness in October. Louisa Bryant spoke about an inspection on her home for mold. She asked for city officials to help her and send a building inspector.
Nasson Sanchez spoke in support of lifting the ban on cruising, and requested it be placed on an agenda for consideration.
Jerry Thompson, Modesto Cruisers Council spoke in support of lifting the ban on cruising.
Loretta Carhart spoke about a report on a radio program and a new law regarding walking across the street. She also commented on cameras at Needham and Virginia.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS 4-12 (Kenoyer/Wright; 6/0)
CONSENT ITEMS
Consent
4. Consider approving the minutes from the September 27, 2022 Council Meeting. (Funding Source: Not Applicable)
Motion approving the minutes from the September 27, 2022 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Kenoyer/Wright; 6/0) Motion approving the minutes from the September 27, 2022 Council Meeting.
Consent
5. Consider approving final adoption of Ordinance 3750-C.S. repealing and replacing Section 10-3.505 of Article 3 of Title 10 of the City of Modesto Municipal Code and - 3 -
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amending the Title of Section 10-3.506 of Article 3 of Title 10 related to termination of non-conforming uses. (Funding Source: Not Applicable)
Motion approving final adoption of Ordinance 3750-C.S. repealing and replacing Section 10-3.505 of Article 3 of Title 10 of the City of Modesto Municipal Code and amending the Title of Section 10-3.506 of Article 3 of Title 10 related to termination of non-conforming uses.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Kenoyer/Wright; 6/0) Motion approving final adoption of Ordinance 3750-C.S. repealing and replacing Section 10-3.505 of Article 3 of Title 10 of the City of Modesto Municipal Code and amending the Title of Section 10-3.506 of Article 3 of Title 10 related to termination of non-conforming uses.
Consent
6. Consider an Ordinance amending Title 6 of the Modesto Municipal Code, “Business, Professions and Trades,” by adding Chapter 9, “Automobile Businesses,” related to use of Public Streets and Highways by automobile businesses. (Funding Source: Not Applicable)
Motion introducing and waiving the first reading of an Ordinance amending Title 6 of the Modesto Municipal Code, “Business, Professions and Trades,” by adding Chapter 9, “Automobile Businesses,” related to use of Public Streets and Highways by Automobile Businesses.
CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected] ACTION: (Kenoyer/Wright; 6/0) Motion introducing and waiving the first reading of Ordinance 3751-C.S. amending Title 6 of the Modesto Municipal Code, “Business, Professions and Trades,” by adding Chapter 9, “Automobile Businesses,” related to use of Public Streets and Highways by Automobile Businesses.
Consent
7. Consider approving a Will Serve Letter and Outside Service Agreement for Water Service for the property located at 6942 St. John Road (APN: 004-076-003). (Funding Source: Water Fund, General Fund)
Resolution approving a Will Serve Letter and Outside Service Agreement to connect to the City of Modesto’s existing water system for the property located at 6942 St. John Road in Modesto (APN: 004-076-003), and authorizing the City Manager, or his designee, to sign the Will Serve Letter and execute the Outside Service Agreement.
CED; Toby Wells, 209-571-5542, [email protected]
ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-405 approving a Will Serve Letter and Outside Service Agreement to connect to the City of Modesto’s existing water system for the property located at 6942 St. John Road in Modesto (APN: 004- 076-003), and authorizing the City Manager, or his designee, to sign the Will Serve Letter and execute the Outside Service Agreement.
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Consent
8. Consider accepting the Annual Investment Report for Fiscal Year 2021-2022. (Funding Source: Various Funds)
Motion accepting the Annual Investment Report for Fiscal Year 2021-2022.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
ACTION: (Kenoyer/Wright; 6/0) Motion accepting the Annual Investment Report for Fiscal Year 2021-2022.
Consent
9. Consider accepting an informational report for the August 2022 Accounts Payable Payment Register and Void report. (Funding Source: Not Applicable) Motion accepting an informational report for the August 2022 Accounts Payable Payment Register and Void report.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Kenoyer/Wright; 6/0) Motion accepting an informational report for the August 2022 Accounts Payable Payment Register and Void report.
Consent
10. Consider approving Amendment #1 to the Facility and Fleet Maintenance Agreements between the City of Modesto and the Stanislaus Regional Transit Authority. (Funding Source: Local Transportation Funds, State Transit Assistance, Farebox Revenue, & Federal Transit Administration (FTA))
Resolution approving Amendment #1 to the Facility and Fleet Maintenance Agreements between the City of Modesto and the Stanislaus Regional Transit Authority and authorizing the City Manager, or his designee, to execute the Amendments.
FINANCE DEPARTMENT; DeAnna Christensen, 209-577-5387,
[email protected]
ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-406 approving Amendment #1 to the Facility and Fleet Maintenance Agreements between the City of Modesto and the Stanislaus Regional Transit Authority and authorizing the City Manager, or his designee, to execute the Amendments.
Consent
11. Consider approving the Third Amendment to the Agreement with Grover Landscape Services, Inc., Modesto, CA, for Landscape Services to extend the term period for up to an additional six months and increasing the amount of the Agreement by an amount not to exceed $1,331,868 for the extension period. (Funding Source: General Fund – Parks Operations, Community Facilities District Funds, Joint Powers Authority Tuolumne River Regional Park Fund, Various City and Enterprise Funds) Resolution approving the Third Amendment to the Agreement with Grover Landscape Services, Inc., Modesto, CA, for Landscape Services to extend the - 5 -
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term period for up to an additional six months and increasing the amount of the Agreement by an amount not to exceed $1,331,868 for the extension period; and authorizing the City Manager, or his designee to execute the Amendment.
PRN; Kelly Gallagher, 209-342-2270, [email protected] ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-407 approving the Third Amendment to the Agreement with Grover Landscape Services, Inc., Modesto, CA, for Landscape Services to extend the term period for up to an additional six months and increasing the amount of the Agreement by an amount not to exceed $1,331,868 for the extension period; and authorizing the City Manager, or his designee to execute the Amendment.
Consent
12. Consider authorizing staff to apply for all California Department of Resources, Recycling and Recovery Beverage Container Recycling Grants available and authorizing the City Manager, or his designee, to sign grant applications and related forms, accept grant awards, and amend the budget as needed. (Funding Source: Not Applicable)
Resolution authorizing staff to apply for all California Department of Resources, Recycling and Recovery Beverage Container Recycling Grants available, and authorizing the City Manager, or his designee, to sign grant applications and related forms, accept grant awards, and amend the budget as needed.
PUBLIC WORKS; Rosene Salmo, 209-577-5453, [email protected] ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-408 authorizing staff to apply for all California Department of Resources, Recycling and Recovery Beverage Container Recycling Grants available, and authorizing the City Manager, or his designee, to sign grant applications and related forms, accept grant awards, and amend the budget as needed.
COUNCIL COMMENTS & REPORTS
Councilmember Ricci reported that about a year ago, he asked the City what could be done about the issues neighbors in the Geer Court and Helen Avenue area were having with local businesses parking vehicles. City management came together and tonight an Ordinance was approved to address that. He acknowledged the Central Valley Pickleball Club, College Area Neighborhood Association and the City of Modesto Parks and Recreation Department that all came together and opened up brand new pickleball courts at Graceada Park. Volunteers contributed over 2,000 hours of their own labor to build these new courts. He further acknowledged the cruisers for coming out and advocating this evening. In addition, he commented on how pleased he is with the bulky item pickup program. The program works very well. However, the program does not cover multi-unit housing. He reported that the City is working on something right now to address bulky item pickups for multi-unit housing.
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CITY MANAGER COMMENTS & REPORTS
None
MATTERS TOO LATE FOR THE AGENDA
None
ADJOURNMENT
This meeting adjourned at 6:21 P.M.
Attest:____________________________
Diane Nayares-Perez, City Clerk