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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 25, 2022 at 5:30 PM
Roll Call – Present: Councilmembers Escutia-Braaton, Kenoyer, Madrigal (arrived 5:02 pm), Ricci, Wright, Mayor Zwahlen
Absent: None
Pledge of Allegiance to the Flag
Invocation: Cindy Marks, Pray Modesto
City Clerk’s Announcements: City Clerk reported email correspondence was received for Item 16 and forwarded to the Council.
Declaration of Conflicts of Interest: Mayor Zwahlen Item 16, Pursuant to Section 2-8.01 of the City’s Municipal Code related to campaign reform.
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Stanislaus County Update (Funding Source: Not Applicable) CITY MANAGER; Joseph Lopez, 209-577-5223, [email protected] ACTION: Mani Grewal, Stanislaus County Board of Supervisor's provided a County update.
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2. Proclamation declaring November 2022 as Lung Cancer Awareness Month (Funding Source: Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected] ACTION: Mayor Zwahlen read a Proclamation declaring November 2022 as Lung Cancer Awareness Month.
MISCELLANEOUS
3. Consider approving the Appointments Committee recommendations to fill two City of Modesto vacancies on the Blight Abatement Advisory Committee for a four-year term. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution approving the appointment of Bryan Marks and Frank Ploof to the Blight Abatement Advisory Committee to serve a four-year term beginning November 1, 2022 through October 13, 2026.
CITY MANAGER; Scotty Douglass, 209-577-9149, [email protected] ACTION: (Wright/Ricci; 6/0) Resolution 2022-421 approving the appointment of Bryan Marks and Frank Ploof to the Blight Abatement Advisory Committee to serve a four-year term beginning November 1, 2022 through October 13, 2026.
PUBLIC COMMENT PERIOD
• Ronald Dafford spoke about sidewalks, ADA issues and civil rights violations. He spoke about his attempts to talk with City staff and officials about ADA issues. • Patrick commented on the shooting of Paul Chavez, Jr. He also commented on Officers Lamantia and Muncy. He stated that the District Attorney needs to pick up the case.
• Tina Perez Tateo, Modesto Cruisers Council spoke in support of lifting the ban on cruising. She also spoke about the first Crush Cancer Cruise held this month that benefited the Modesto Cancer Society.
• Steve read aloud the information posted online regarding special instructions for public comment. He also commented about the shooting of Paul Chavez, Jr. • Adrian Harrell, President of Modesto Sister Cities International provided an update on the activities of the organization. She reported on the contributions the organization made to Ukraine and reported on upcoming events. • Johnathan Williams mentioned the names of Paul Chavez’s three sons, Paul III, Abraham and Josiah. He commented on the shooting of Paul Chavez and spoke in support of the Modesto Cruisers.
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• Arthur Fabela spoke about residential development and the municipal golf course and stated that further discussion is needed.
• Brittony Estrella Chavez commented on the death of her husband Paul Davis Chavez, Jr. She also spoke about Officers Valencia and Muncy. She asked for the District Attorney to pick up the charges.
• Raelene commented about the shooting of Paul Chavez, Jr, and Officer Muncy. • Ramon Rodriguez commented on Officer Espinoza and Alonzo Nunes. He asked if Officer Espinoza is still on the job. He asked for accountability. • J commented on policies, regulations and laws, city budget and redistricting. She spoke about victims of police violence and commented on Measure H. She asked for a public reevaluation of the city's budget.
• Alissa Hagar spoke about Paul Chavez, Jr., and Officer Muncy. She also commented on mutual respect.
• Teresa Clutter spoke about the shooting of her son-in-law, Paul Chavez, Jr., by Officer Sam Muncy.
• Emerson Drake spoke about electioneering and the upcoming election. He commented on the recent Modesto Bee opinion article and endorsements. He also commented on poll watchers at ballot boxes.
Recessed: 6:49 pm
Reconvened: 6:59 pm
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS 4-12 and 14-15: (Kenoyer/Madrigal; 6/0)
CONSENT
Consent
4. Consider approving the minutes from the October 11, 2022 Council Meeting. (Funding Source: Not Applicable)
Motion approving the minutes from the October 11, 2022 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Kenoyer/Madrigal; 6/0) Motion approving the minutes from the October 11, 2022 Council Meeting.
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Consent
5. Consider approving a Homeowner Rehabilitation Loan in the amount of $80,251 and a Homeowner Rehabilitation Grant in the amount of $10,000 for a total project cost of $90,251 to Christopher and Stacey Gates for health and safety repairs to the residential property located at 1125 Springcreek Drive, Modesto, CA 95355. (Funding Source:
Community Development Block Grant Funds)
Resolution approving a Homeowner Rehabilitation Loan in the amount of $80,251 and a Homeowner Rehabilitation Grant in the amount of $10,000 to Christopher and Stacey Gates for health and safety repairs to the residential property located at 1125 Springcreek Drive, Modesto, CA 95355 and authorizing the City Manager to execute the Agreements.
CED; Jessica Hill, 209-577-5321, [email protected]
ACTION: (Kenoyer/Madrigal; 6/0) Resolution 2022-422 approving a Homeowner Rehabilitation Loan in the amount of $80,251 and a Homeowner Rehabilitation Grant in the amount of $10,000 to Christopher and Stacey Gates for health and safety repairs to the residential property located at 1125 Springcreek Drive, Modesto, CA 95355 and authorizing the City Manager to execute the Agreements.
Consent
6. Consider approving a Will Serve Letter and Outside Service Agreement for Sewer Service for the property located at 2117 Parr Avenue (APN: 081-022-020). (Funding Source: Sewer Fund, General Fund)
Resolution approving a Will Serve Letter and Outside Service Agreement for Sewer Service for the property located at 2117 Parr Avenue in Modesto (APN:
081-022-020), 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/Madrigal; 6/0) Resolution 2022-423 approving a Will Serve Letter and Outside Service Agreement for Sewer Service for the property located at 2117 Parr Avenue in Modesto (APN: 081-022-020), and authorizing the City Manager, or his designee, to sign the Will Serve Letter and execute the Outside Service Agreement.
Consent
7. Consider approving a one-time purchase for five Hayward Gordon Pumps from Hayward Gordon Group, Ontario, Canada, for an amount not to exceed of $135,278. (Funding Source: Wastewater Fund)
Resolution approving a one-time purchase for five Hayward Gordon Pumps from Hayward Gordon Group, Ontario, Canada, for an amount not to exceed of $135,278, and authorizing the Director of Finance, or her designee to execute the Purchase Order.
FINANCE DEPARTMENT; Cynthia Kline, 209-577-5412, [email protected] ACTION: (Kenoyer/Madrigal; 6/0) Resolution 2022-424 approving a one-time - 5 -
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purchase for five Hayward Gordon Pumps from Hayward Gordon Group, Ontario, Canada, for an amount not to exceed of $135,278, and authorizing the Director of Finance, or her designee to execute the Purchase Order.
Consent
8. Consider approving the Award of Proposal and Agreement for the Furnishing of External Auditing Services to Vasquez and Company LLC, Glendale, California, for a three year Agreement with two one-year extension options, for an estimated annual cost of $142,228, and over five years of $715,000. (Funding Source: General Fund, Housing Urban Development Funds, Utility Funds, Community Facility Districts, and Ceres-Modesto Industrial Fire District)
Resolution approving the Award of Proposal and Agreement for the Furnishing of External Auditing Services to Vasquez and Company LLC, Glendale, California, for a three-year Agreement with two one-year extension options, for an estimated annual cost of $142,228, and over five years of $715,000; and authorizing the City Manager or his designee to execute the Agreement.
FINANCE DEPARTMENT; Cynthia Kline, 209-577-58412, [email protected] ACTION: (Kenoyer/Madrigal; 6/0) Resolution 2022-425 approving the Award of Proposal and Agreement for the Furnishing of External Auditing Services to Vasquez and Company LLC, Glendale, California, for a three-year Agreement with two oneyear extension options, for an estimated annual cost of $142,228, and over five years of $715,000; and authorizing the City Manager or his designee to execute the Agreement.
Consent
9. Consider approving an Agreement with Nutrien Ag Solutions, Sacramento, CA, for Weed Abatement Chemical Premix known as (Aqumix Proprietary Custom Pre-blend) for a total amount not to exceed $350,000 over five years. (Funding Source:
Wastewater and Water Fund)
Resolution approving the Sole Source Purchase Agreement with Nutrien Ag Solutions, Sacramento, CA, for Weed Abatement Chemical Premix known as (Aqumix Proprietary Custom Pre-blend) for a one-year Agreement with four one-year extension options, for an annual estimated amount of $70,000, and a total amount not to exceed $350,000 over five years and authorizing the Director of Finance, or her designee to execute the Purchase Agreement.
FINANCE DEPARTMENT; Cynthia Kline, 209-577-5412, [email protected] ACTION: (Kenoyer/Madrigal; 6/0) Resolution 2022-426 approving the Sole Source Purchase Agreement with Nutrien Ag Solutions, Sacramento, CA, for Weed Abatement Chemical Premix known as (Aqumix Proprietary Custom Pre-blend) for a one-year Agreement with four one-year extension options, for an annual estimated amount of $70,000, and a total amount not to exceed $350,000 over five years and authorizing the Director of Finance, or her designee to execute the Purchase Agreement.
Consent
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10. Consider accepting an informational report on the May and June 2022 grant applications and awards. (Funding Source: Not Applicable) Motion accepting an informational report for the May and June 2022 grant applications and awards.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Kenoyer/Madrigal; 6/0) Motion accepting an informational report for the May and June 2022 grant applications and awards.
Consent
11. Consider accepting the Fiscal Year 2022-2023 Cal Fire Rural Fire Capacity (RFC) Program Grant Award in the amount of $39,800, which includes a 50% local match, for the procurement of Wildland Firefighting Equipment. (Funding Source: General Fund)
Resolution accepting the Fiscal Year 2022-2023 Cal Fire Rural Fire Capacity (RFC) Program Grant Award in the amount of $39,800, which includes a 50% local match, for the procurement of Wildland Firefighting Equipment.
FIRE DEPARTMENT; Alan Ernst, 209-572-9590, [email protected] ACTION: (Kenoyer/Madrigal; 6/0) Resolution 2022-427 accepting the Fiscal Year 2022-2023 Cal Fire Rural Fire Capacity (RFC) Program Grant Award in the amount of $39,800, which includes a 50% local match, for the procurement of Wildland Firefighting Equipment.
Consent
12. Consider approval of a Sole Source Renewal Agreement with CivicPlus for continued, uninterrupted hosting and maintenance of the City’s website for a four-year term for a total amount not to exceed $164,285. (Funding Source: Information Technology Fund) Resolution approving the Sole Source Agreement with CivicPlus for the continued, uninterrupted hosting and maintenance of the City of Modesto’s website (www.modestogov.com) for a four-year term at an amount of $149,350 plus a 10% contingency in the amount of $14,935 for a total amount not to exceed $164,285; and authorizing the City Manager, or his designee, to execute the Agreement.
IT; Scott Conn, 209-577-5229, [email protected]
ACTION: (Kenoyer/Madrigal; 6/0) Resolution 2022-428 approving the Sole Source Agreement with CivicPlus for the continued, uninterrupted hosting and maintenance of the City of Modesto’s website (www.modestogov.com) for a four-year term at an amount of $149,350 plus a 10% contingency in the amount of $14,935 for a total amount not to exceed $164,285; and authorizing the City Manager, or his designee, to execute the Agreement.
Consent – Removed from Consent
13. Consider accepting the Del Rio Tank No. 14, Well No. 68, and Pump Station Project as - 7 -
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complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $10,203,691 to Mountain Cascade, Inc., of Livermore, CA. (Funding Source: Water Fund-CIP)
Resolution accepting the Del Rio Tank No. 14, Well No. 68, and Pump Station Project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $10,203,691 to Mountain Cascade, Inc., Livermore, CA.
UTILITIES; Pete Kambel, 209-577-5444, [email protected] ACTION: (Wright/Ricci; 6/0) Resolution 2022-429 accepting the Del Rio Tank No. 14, Well No. 68, and Pump Station Project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $10,203,691 to Mountain Cascade, Inc., Livermore, CA.
Consent
14. Consider approving an increase in the Director’s authority to issue Change Orders from 21% ($25,000) to 27% ($32,823) of the original construction contract price of $121,750; accepting the Rebid Fire Station 5 Kitchen Remodel Project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $154,573 to O.K. Construction, of Antelope, CA. (Funding Source: General Fund)
Resolution accepting the Rebid Fire Station 5 Kitchen Remodel Project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $154,573 to O.K.
Construction, Antelope, CA.
Resolution authorizing an increase to the Director of Utilities authority for Change Orders for the Rebid Fire Station 5 Kitchen Remodel Project to the total amount of $32,823 (27% of the original contract price).
UTILITIES; Pete Kambel, 209-577-5444, [email protected] ACTION: (Kenoyer/Madrigal; 6/0) Resolution 2022-430 accepting the Rebid Fire Station 5 Kitchen Remodel Project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $154,573 to O.K. Construction, Antelope, CA.
ACTION: (Kenoyer/Madrigal; 6/0) Resolution 2022-431 authorizing an increase to the Director of Utilities authority for Change Orders for the Rebid Fire Station 5 Kitchen Remodel Project to the total amount of $32,823 (27% of the original contract price).
Consent
15. Consider approving a First Amendment to the Agreement with Bartle Wells Associates, Berkeley, CA, for the Wastewater Rate Study & Proposition 218 Assistance in the amount of $29,900, for an amended total amount not to exceed $149,175. (Funding Source: Wastewater Fund)
Resolution approving a First Amendment to the Agreement with Bartle Wells - 8 -
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Associates, Berkeley, CA, for the preparation of the Wastewater Rate Study & Proposition 218 Assistance in the amount of $29,900, for a revised total amount not to exceed $149,175, and authorizing the City Manager, or his designee, to execute the Agreement.
UTILITIES; William Wong, 209-571-5801, [email protected] ACTION: (Kenoyer/Madrigal; 6/0) Resolution 2022-432 approving a First Amendment to the Agreement with Bartle Wells Associates, Berkeley, CA, for the preparation of the Wastewater Rate Study & Proposition 218 Assistance in the amount of $29,900, for a revised total amount not to exceed $149,175, and authorizing the City Manager, or his designee, to execute the Agreement.
COUNCIL COMMENTS & REPORTS
Vice Mayor Wright thanked the cruisers for placing the 1956 station wagon at the museum. He invited the public to visit the Graffiti Museum to see the vehicles on display. He thanked the cruisers for their involvement.
Councilmember Ricci spoke about regionalization. The City has done a lot of it; and, it’s an effective way to maximize budgets, and save residents money. He can see wastewater treatment as an area that can benefit from regionalization. He’s hoping they can find ways to partner with other local cities. He reported on the progress that is being made at Modesto Convention & Visitors Bureau. The Bureau has been doing an awesome job with regional and other events and are poised to take advantage of some of the investments of the City such as the Modesto Children’s Museum, Graffiti Museum, and the Awesome Spot. He also thinks they are in a good position to get involved with future events such as the Modesto Garage Sale Day and possibly supporting a Gallo Winery themed winetasting facility.
Mayor Zwahlen stated she wanted to comment on some of the statements that were made this evening. She feels compelled to say the comments are heard, and are heartfelt. She feels deep pain and grief for the loss of the loved one. She grieves for the children and their pain. She feels like this Council is doing what they can to address the issues that were mentioned. She is encouraged with the Police Chief and the conversations that they have surrounding issues they are addressing in the community. She knows the community is loved and they all want to improve it in every way that they can. She is human and she feels the pain expressed.
Councilmember Escutia-Braaton highlighted a few notable items that have occurred since the last meeting. Tesla has come to town officially. Effective October 10th, Tesla has established a presence in Modesto as they have 500 parking spaces in the airport area. Effective this month, the City is benefiting and receiving revenue from this venture. She thanked the City’s Property Crime Unit for the arrest last week of an organized retail theft group. She also reported on attending Día De Los Muertos event held in Downtown Modesto. It was a joy to attend and celebrate this cultural event. She thanked the Downtown Streets Team and the Ready to Work Team for all of their work that focus on the roadway and highway. Those are two excellent programs that are in large part funded by the City. She further reported on touring the City’s service yard and acknowledged the hard work of those city employees that trim trees, fill pot - 9 -
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holes, clean the roadways, and maintain and service over 1,200 fleet units. She thanked them for their hard work.
Councilmember Madrigal congratulated the Modesto Cruisers on their successful community event. He also reported on attending the Valley Builders Exchange 75th Anniversary. He stated that the Valley Builders Exchange shared one concern, which is they wish they had a sound wall.
The new Highway 132 project is right behind their office, and they have trouble with stolen items and unwanted activity. He congratulated the Valley Builders Exchange on their 75 years of helping keep local jobs and contractors working and also helping to keep local tax dollars in Modesto.
CITY MANAGER COMMENTS & REPORTS
None
HEARINGS
Mayor Zwahlen absent due to conflict of interest
Published in the Modesto Bee on September 25, 2022
16. Hearing to consider the relocation request of retail dispensary Doctor’s Choice from 2039 Yosemite Boulevard to 121 Phoenix Ave and granting a residential proximity waiver. (Funding Source: Cannabis Permit Application and Annual Permit Fees) Resolution approving the relocation of Type 10 Business Permit Relocation Request Doctor’s Choice Dispensary from 2039 Yosemite Avenue to 121 Phoenix Avenue, Modesto, CA 95350, and granting a residential proximity waiver.
CED; Sean Rando, 209-577-5473, [email protected]
ACTION: (Kenoyer/Escutia-Braaton; 5/0; Mayor Zwahlen absent, due to conflict of interest) Resolution 2022-433 approving the relocation of Type 10 Business Permit Relocation Request Doctor’s Choice Dispensary from 2039 Yosemite Avenue to 121 Phoenix Avenue, Modesto, CA 95350, and granting a residential proximity waiver.
NEW BUSINESS
17. Consider awarding Stanislaus Regional Housing Authority Loans and Grants in the total amount not to exceed $3,226,604 for the development of the Vine Street Affordable Housing Project including Vine Street Improvements and $100,000 for staff activity delivery costs. (Funding Source: Permanent Local Housing Allocation, HOME Investment Partnership, HOME Investment Partnership CHDO Set-Aside, and Community Development Block Grant Funds)
Resolution approving the Award of Loans and Grants to Stanislaus Regional Housing Authority with Great Housing Development Corporation as developer in the total amount not to exceed $3,226,604 for the development of the Vine Street Affordable Housing Project including the Vine Street Road Improvements and $100,000 for staff activity delivery costs and authorizing the - 10 -
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City Manager or designee to execute Agreements.
Resolution amending the Fiscal Year 2022-2023 multi-year fund budget (101193) to increase the budget of the Vine Street Project Fund (101185) with Community Development Block Grant (CDBG) Funds, Home Investment Partnership Funds (HOME) Home Community Housing Development Organizations (CHDO) Set Aide and Permanent Local Housing Allocation (PLHA) for development of the Vine Street Affordable Housing Project totaling $3,226,604 and an additional $100,000 budgeted for activity delivery costs and budgeting the necessary transfers and authorizing the City Manager or his designee to take the necessary steps to implement the provisions in this Resolution.
CED; Jessica Hill, 209-577-5321, [email protected]
ACTION: (Madrigal/Escutia-Braaton; 6/0) Resolution 2022-434 approving the Award of Loans and Grants to Stanislaus Regional Housing Authority with Great Housing Development Corporation as developer in the total amount not to exceed $3,226,604 for the development of the Vine Street Affordable Housing Project including the Vine Street Road Improvements and $100,000 for staff activity delivery costs and authorizing the City Manager or designee to execute Agreements.
ACTION: (Madrigal/Escutia-Braaton; 6/0) Resolution 2022-435 amending the Fiscal Year 2022-2023 multi-year fund budget (101193) to increase the budget of the Vine Street Project Fund (101185) with Community Development Block Grant (CDBG) Funds, Home Investment Partnership Funds (HOME) Home Community Housing Development Organizations (CHDO) Set Aide and Permanent Local Housing Allocation (PLHA) for development of the Vine Street Affordable Housing Project totaling $3,226,604 and an additional $100,000 budgeted for activity delivery costs and budgeting the necessary transfers and authorizing the City Manager or his designee to take the necessary steps to implement the provisions in this Resolution.
MATTERS TOO LATE FOR THE AGENDA
None
ADJOURNMENT
This meeting adjourned at 8:13 pm.
Attest:____________________________
Diane Nayares-Perez, City Clerk