- 1 -
10/11/2022 5:30:00 PM
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 11, 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: Jon Apodaca, Good Life
City Clerk’s Announcements: None
Declaration of Conflicts of Interest: None
Reports from Closed Session City Attorney Sanchez reported that there was no reportable action on the closed session item.
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Presentation of Helen Putnam Award by Stephen Qualls, Cal Cities Public Affairs Manager. (Funding Source: Not Applicable)
CITY MANAGER; Joseph Lopez, 209-577-5223, [email protected] ACTION: Stephen Qualls, Cal Cities Public Affairs Manager presented the Helen Putnam Award to the City of Modesto
- 2 -
10/11/2022 5:30:00 PM
MISCELLANEOUS
2. Consider approving appointments to fill four City of Modesto vacancies on the Equity Commission for a four-year term. (Funding Source: Not Applicable) Staff Recommendation:
Resolution approving the appointments of Kwei-Cee Chu, Lindsey Bird, Larry Bolton, and Fallon Ferris to the Equity Commission with a term expiration of October 1, 2026.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] ACTION: (Escutia-Braaton/Zwahlen; 6/0) Resolution 2022-409 approving the appointments of Kwei-Cee Chu, Lindsey Bird, Larry Bolton, and Fallon Ferris to the Equity Commission with a term expiration of October 1, 2026. (As amended - Larry Bolton was removed from consideration.)
3. Consider approving the appointments to fill nine vacancies to the City of Modesto Youth Commission for the 2022-2023 school year from October 12, 2022 to June 30, 2023. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution approving the appointments of Hamza Modan, Ameena Pierstorff, Aheli Patel, Jossfin Garza, Noah Wong, Kayvon Banankhah, Lolamaya Evans, Abigail Manzano, and Carissa Nielson to the City of Modesto Youth Commission for the 2022-2023 school year from October 12, 2022 to June 30, 2023.
PRN; Ashley Weaver, 209-577-5428, [email protected] ACTION: (Wright/Kenoyer; 6/0) Resolution 2022-410 approving the appointments of Hamza Modan, Ameena Pierstorff, Aheli Patel, Jossfin Garza, Noah Wong, Kayvon Banankhah, Lolamaya Evans, Abigail Manzano, and Carissa Nielson to the City of Modesto Youth Commission for the 2022-2023 school year from October 12, 2022 to June 30, 2023.
PUBLIC COMMENT PERIOD
Jerry Thompson spoke in support of lifting the ban on cruising and requested the item be considered at a Safety and Communities Committee meeting. Louisa Bryant spoke about a building inspection at her home and asked about a permit to remove the panel to inspect the area. She asked that the documents and photos she provided be reviewed by the Council.
Maggie Mejia, a volunteer representative for the United Farm Workers spoke about the march held that was initially planned to take place at César Chavez Park. She was disappointed and embarrassed that the City asked for fees and liability insurance for the use of the facilities and amenities. She thanked the Modesto Police Department, because they helped her every step of the way and advised her they could hold a parade with no - 3 -
10/11/2022 5:30:00 PM
fee. She also thanked Councilmembers Escutia-Braaton, Madrigal and Ricci because those three councilmembers reached out to her to help.
Alissa Hagar spoke about Paul Chavez, Jr., and Officer Muncy. She also commented on Forward Together. She is disappointed and is waiting for the Council to use their platform.
Charmaine Breedlove commented on cruising, and the culture and pride it brings to Modesto. She spoke in support of lifting the ban on cruising. Martin Louro, stated that he represents a large group of people that are dissatisfied with the current governance and trying to address the issue and brought it to the Council this evening. He spoke about their movement which is called New California State. New California is the making of a new State. He read a statement sending notice to all Californians that the State of California is in constitutional default. Ron DeLoach from the West Modesto People of Action Council spoke regarding the housing issue in West Modesto. He stated that there are discussions about forming a People of Action Council of South Modesto and the Airport District and they want to be heard. Housing for West Modesto is needed and the municipal golf course can provide affordable housing.
Mylinda Mason spoke in support of New California State and continued to read the Statement/Notice/Declaration regarding New State California. Theresa Clutter spoke about the shooting of Paul Chavez. She asked for accountability.
She further commented on Forward Together and stated that an outside auditor is needed. Cheryl Aseltin spoke in support of New California State and continued to read the Statement/Notice/Declaration regarding New State California. Mara Collins spoke about justice for Paul Chavez. She commented on Officers Muncy and Valencia and the shooting of Paul Chavez. She asked for accountability and more training.
Donna Barros spoke in support of New California State and continued to read the Statement/Notice/Declaration regarding New California State. Brittony Estrella Chavez commented on the death of her husband Paul Davis Chavez, Jr.
She spoke about the Forward Together meeting and commented on progressive civic reform.
Recessed: 7:01 pm
Reconvened: 7:06 pm
- 4 -
10/11/2022 5:30:00 PM
Lora Walter spoke in support of New California State and continued to read the Statement/Notice/Declarations regarding New California State. 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.
James Martin spoke in support of New California State and continued to read the Statement/Notice/Declarations regarding New California State. Anna spoke about the shooting of Paul Chavez, Jr. She further commented on Officers Muncy and Valencia and asked for additional training.
David Avila spoke in support of New California State and continued to read the Statement/Notice/Declarations regarding New California State. Ramon Rodriguez spoke about Sovereign Citizens and conspiracy theorists. He further commented on the shooting of Paul Chavez and Trevor Seevor. Patricia Shaefer spoke in support of New California State and continued to read the Statement/Notice/Declarations regarding New California and its purpose and intent. Dawn Powers spoke in support of New California State and continued to read the Statement/Notice/Declarations regarding New California and its purpose and intent. Chris Powers asked if anyone has had issues with City trees. He further spoke in support of New California State.
Ron Mason spoke in support of New California State and continued to read the Statement/Notice/Declarations regarding New State California. Gavin Schultz spoke in support of New California State and continued to read the Statement/Notice/Declarations regarding New State California. Sean Dobbins spoke in support of New California State. Matthew Davila spoke in support of New California State. Howard Carmen spoke about a recent encounter with the Modesto Police Department and the spelling of his name on a police report.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS 4-13; (Wright/Kenoyer; 6/0)
CONSENT
Consent
- 5 -
10/11/2022 5:30:00 PM
4. Consider approving the minutes from the October 4, 2022 Council Meeting. (Funding Source: Not Applicable)
Motion approving the minutes from the October 4, 2022 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Kenoyer; 6/0) Motion approving the minutes from the October 4, 2022 Council Meeting.
Consent
5. Consider approving final adoption 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. (Funding Source: Not Applicable)
Motion approving final adoption 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.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Kenoyer; 6/0) Motion approving final adoption 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
6. Consider approving the Amended Conflict of Interest Code for the City of Modesto. (Funding Source: Not Applicable)
Resolution approving the amended Conflict of Interest Code for the City of Modesto and rescinding Resolution No. 2020-362.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Kenoyer; 6/0) Resolution 2022-411 approving the amended Conflict of Interest Code for the City of Modesto and rescinding Resolution No. 2020- 362.
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: (Wright/Kenoyer; 6/0) Resolution 2022-412 continuing to authorize remote teleconference meetings of the City of Modesto pursuant to Assembly Bill 361 Consent
- 6 -
10/11/2022 5:30:00 PM
8. Consider approving the recommended budget adjustments to Fiscal Year 2022-23 Annual Operating and Capital Improvement Program Budgets. (Funding Source:
Various Funds)
Resolution amending Fiscal Year 2022-23 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: (Wright/Kenoyer; 6/0) Resolution 2022-413 amending Fiscal Year 2022- 23 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
9. Consider approving a Fifth Amendment to the Agreement with California Property Specialists, Inc., dba CPSI, an Interwest Consulting Group, Inc. company, for additional Right-Of-Way Services for the State Route 132 West Freeway/Expressway - Phase 1 Project, increasing the Agreement amount by $177,425, plus $44,356 additional services, if needed, for a total increase of $221,781 from $3,737,413 for a total amount not to exceed $3,959,194, and forwarding to Council for approval. (Funding Source: Streets Capital Facility Fees)
Resolution approving a Fifth Amendment to the Agreement with California Property Specialists, Inc., dba CPSI, now known as Interwest Consulting Group, Inc., for additional Right-Of-Way Services for the State Route 132 West Freeway/Expressway - Phase 1 Project, increasing the Agreement amount by $177,425, plus $44,356 additional services, if needed, for a total increase of $221,781 from $3,737,413 for a total amount not to exceed $3,959,194, and authorizing the City Manager, or his designee to execute the Fifth Amendment to Agreement.
CED; Toby Wells, 209-571-5542, [email protected]
ACTION: (Wright/Kenoyer; 6/0) Resolution 2022-414 approving a Fifth Amendment to the Agreement with California Property Specialists, Inc., dba CPSI, now known as Interwest Consulting Group, Inc., for additional Right-Of-Way Services for the State Route 132 West Freeway/Expressway - Phase 1 Project, increasing the Agreement amount by $177,425, plus $44,356 additional services, if needed, for a total increase of $221,781 from $3,737,413 for a total amount not to exceed $3,959,194, and authorizing the City Manager, or his designee to execute the Fifth Amendment to Agreement.
Consent
10. Consider approving an Agreement with the State of California Office of Emergency Services, to temporarily house and maintain a Type 6 fire engine and its associated equipment. (Funding Source: General Fund)
Resolution approving an Agreement with the State of California Office of Emergency Services, to temporarily house and maintain a Type 6 fire engine - 7 -
10/11/2022 5:30:00 PM
and its associated equipment and authorizing the City Manager, or his designee to execute the Agreement.
FIRE DEPARTMENT; Alan Ernst, 209-572-9590, [email protected] ACTION: (Wright/Kenoyer; 6/0) Resolution 2022-415 approving an Agreement with the State of California Office of Emergency Services, to temporarily house and maintain a Type 6 fire engine and its associated equipment and authorizing the City Manager, or his designee to execute the Agreement.
Consent
11. Consider approving a one-time purchase with Watson Furniture Group, by utilizing the competitive bid process from the Houston-Galveston Area Council (H-GAC), for the purchase and installation of Real Time Crime Center (RTCC) workstation furniture, equipment, materials and labor for an estimated cost not to exceed $62,627. (Funding Source: Police - Grants)
Resolution approving a one-time purchase with Watson Furniture Group, by utilizing the competitive bid process from the Houston-Galveston Area Council (H-GAC), for the purchase and installation of Real Time Crime Center (RTCC) workstation furniture, equipment, materials and labor for an estimated cost not to exceed $62,627; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.
POLICE DEPARTMENT; Jessica Smart, 209-572-9500, [email protected] ACTION: (Wright/Kenoyer; 6/0) Resolution 2022-416 approving a one-time purchase with Watson Furniture Group, by utilizing the competitive bid process from the Houston-Galveston Area Council (H-GAC), for the purchase and installation of Real Time Crime Center (RTCC) workstation furniture, equipment, materials and labor for an estimated cost not to exceed $62,627; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.
Consent
12. Consider approving the plans and specifications for the New Traffic Signal Installation Oakdale Road at Claratina Avenue project, accepting the bid, and awarding a contract to Tim Paxin’s Pacific Excavation, Inc. dba Pacific Excavation of Elk Grove, CA, for a total amount not to exceed $538,116. (Funding Source: Highway Safety Improvement Program, Surface Transportation Block Grant, and Measure L) Resolution approving the plans and specifications for the New Traffic Signal Installation Oakdale Road at Claratina Avenue project, accepting the bid, and awarding a contract to Tim Paxin’s Pacific Excavation, Inc. dba Pacific Excavation of Elk Grove, CA, in the amount of $489,196, and change orders up to the cumulative amount of $48,920 for a total amount not exceed $538,116, and authorizing the City Manager, or his designee, to execute the Agreement.
PUBLIC WORKS; Scott Collins, 209-577-5431, [email protected] ACTION: (Wright/Kenoyer; 6/0) Resolution 2022-417 approving the plans and specifications for the New Traffic Signal Installation Oakdale Road at Claratina - 8 -
10/11/2022 5:30:00 PM
Avenue project, accepting the bid, and awarding a contract to Tim Paxin’s Pacific Excavation, Inc. dba Pacific Excavation of Elk Grove, CA, in the amount of $489,196, and change orders up to the cumulative amount of $48,920 for a total amount not exceed $538,116, and authorizing the City Manager, or his designee, to execute the Agreement.
Consent
13. Consider approving three On-Call Water Resource Grant Research and Writing Consultant Services Agreements with Provost & Pritchard Consulting Group, Modesto, CA, Woodard & Curran, Sacramento, CA, and West Yost Associates, Davis, CA, for a one-year Agreement with two one-year extension options, for an annual cost not to exceed $150,000 each, and a total not to exceed $1,350,000 over three years. (Funding Source: Various Capital Improvement Program Projects)
Resolution approving an On-Call Water Resource Grant Research and Writing Consultant Services Agreement with Provost & Pritchard Consulting Group, Modesto, CA, for a one-year Agreement with two one-year extension options, for an annual cost not to exceed $150,000, and a total amount not to exceed $450,000 over three years; and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution approving an On-Call Water Resource Grant Research and Writing Consultant Services Agreement with West Yost Associates, Davis, CA, for a one-year Agreement with two one-year extension options, for an annual cost not to exceed $150,000, and a total amount not to exceed $450,000 over three years; and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution approving an On-Call Water Resource Grant Research and Writing Consultant Services Agreement with Woodard & Curran, Sacramento, CA, for a one-year Agreement with two one-year extension options, for an annual cost not to exceed $150,000, and a total amount not to exceed $450,000 over three years; and authorizing the City Manager, or his designee, to execute the Agreement.
UTILITIES; Miguel Alvarez, 209-577-5348, [email protected] ACTION: (Wright/Kenoyer; 6/0) Resolution 2022-418 approving an On-Call Water Resource Grant Research and Writing Consultant Services Agreement with Provost & Pritchard Consulting Group, Modesto, CA, for a one-year Agreement with two oneyear extension options, for an annual cost not to exceed $150,000, and a total amount not to exceed $450,000 over three years; and authorizing the City Manager, or his designee, to execute the Agreement.
ACTION: (Wright/Kenoyer; 6/0) Resolution 2022-419 approving an On-Call Water Resource Grant Research and Writing Consultant Services Agreement with West Yost Associates, Davis, CA, for a one-year Agreement with two one-year extension options, for an annual cost not to exceed $150,000, and a total amount not to exceed $450,000 over three years; and authorizing the City Manager, or his designee, to execute the Agreement.
- 9 -
10/11/2022 5:30:00 PM
ACTION: (Wright/Kenoyer; 6/0) Resolution 2022-420 approving an On-Call Water Resource Grant Research and Writing Consultant Services Agreement with Woodard & Curran, Sacramento, CA, for a one-year Agreement with two one-year extension options, for an annual cost not to exceed $150,000, and a total amount not to exceed $450,000 over three years; and authorizing the City Manager, or his designee, to execute the Agreement.
COUNCIL COMMENTS & REPORTS
Councilmember Ricci commented that their goal as a Council is to try and make Modesto a great City. He commented on the Forward Together process. They worked together to try and find solutions and are taking time to go over the recommendations and will make a decision based on all the work and input by a lot of people in the community. Recently, he mentioned a one day garage sale where all the City gets together and everyone has a garage sale at the same time. It’s a great way to create community. He’s hoping they can come up with a way to make this happen.
Mayor Zwahlen commented on the new murals downtown that are beautiful. This morning, she was told that the artist that did one of the murals has been all over the world and has never felt the hospitality anywhere else like here in Modesto.
CITY MANAGER COMMENTS & REPORTS
None
MATTERS TOO LATE FOR THE AGENDA
None
ADJOURNMENT
This meeting adjourned at 8:00 pm.
All Closed Session items heard prior to the meeting.
CLOSED SESSION
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Pursuant to Section 54957 of the Government Code)
Title: City Clerk
Attest:____________________________
Diane Nayares-Perez, City Clerk