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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, November 01, 2022 at 5:30 PM
Roll Call – Present: Councilmembers Escutia-Braaton, Kenoyer, Madrigal (arrived 5:35 pm), Ricci, Wright, Mayor Zwahlen
Absent: None
Pledge of Allegiance to the Flag
Invocation: Shalom Bochner, Congregation Beth Shalom
City Clerk’s Announcements: None
Declaration of Conflicts of Interest: Mayor Zwahlen Item 8, Pursuant to Section 2-8.01 of the City’s Municipal Code related to campaign reform.
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Proclamation recognizing November 11th as Veterans Day. (Funding Source: Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected] ACTION: Mayor Zwahlen presented proclamation recognizing November 11, 2022 as Veteran's Day.
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2. Proclamation declaring November 26, 2022 as Small Business Saturday. (Funding Source: Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected] ACTION: Mayor Zwahlen presented proclamation declaring November 26, 2022 as Small Business Saturday.
PUBLIC COMMENT PERIOD
James Cannar spoke in support of lifting the ban on cruising. Things have changed since the cruising was banned.
Alissa Hagar spoke about Paul Chavez, Jr., and Officer Muncy and Chief Gillespie. She also commented on mutual respect, and asked for the promotion of other tactics. Steve Cunha, President of Modesto Street Rod Association, spoke in support of lifting the ban on cruising.
Teresa Clutter spoke about the shooting of her son-in-law, Paul Chavez, Jr., and the 26 seconds before he was fired upon.
Nasson Sanchez, from the Cruiser's Council, commented on recent events they participated in with their cruisers to represent the Latino culture and heritage. He spoke in support of lifting the ban on cruising.
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.
Ramon Rodriguez spoke about Officer Espinoza and the incidents he was involved in.
He asked for accountability.
Brittony Estrella Chavez commented on the death of her husband Paul Davis Chavez, Jr.
She spoke about the community and Officers Muncy and Valencia. She asked for accountability.
A citizen commented on the Forward Together initiative and building trust. He further commented about the Council rules posted on the City website regarding public comments.
Roberto Gloria, from the Impala Car Club spoke in support of lifting the ban on cruising. Sebastian Jones spoke in support of lifting the ban on cruising and stated that he also supports the Chavez family.
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Recessed: 6:36 pm
Reconvened: 6:41 pm
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS 3-7 and 9-12: (Kenoyer/Escutia-Braaton; 6/0)
CONSENT
Consent
3. Consider approving the Minutes from the October 25, 2022 Council Meeting. (Funding Source: Not Applicable)
Motion approving the Minutes from the October 25, 2022 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Kenoyer/Escutia-Braaton; 6/0) Motion approving the minutes from the October 25, 2022 Council Meeting.
Consent
4. Consider approving a Resolution continuing to authorize remote teleconference meetings pursuant to Assembly Bill 361. (Funding Source: Not Applicable) Resolution continuing to authorize remote teleconference meetings of the City of Modesto pursuant to Assembly Bill 361.
CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected] ACTION: (Kenoyer/Escutia-Braaton; 6/0) Resolution 2022-436 continuing to authorize remote teleconference meetings of the City of Modesto pursuant to Assembly Bill 361.
Consent
5. Consider approving a Community Benefit Agreement between City of Modesto and Center for Human Services for the purpose of providing the Community Benefit Payment on behalf of Canopy Growth USA, LLC. (Funding Source: Cannabis Community Benefit)
Resolution approving a Community Benefit Agreement between City of Modesto and Center for Human Services for the purpose of providing the Community Benefit Payment on behalf of Canopy Growth USA, LLC authorizing the City Manager or his designee, to execute the Agreement. Resolution amending the Fiscal Year 2022-2023 multi-year fund budget to establish applicable revenue, expense and transfer budgets for the Community Benefit Payment to Center for Human Services on behalf of Canopy Growth USA, LLC to be funded with Cannabis Community Benefit Funds and authorizing the City Manager or his designee, to take the necessary steps to implement the provisions of this Resolution.
CED; Jessica Hill, 209-577-5321, [email protected]
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ACTION: (Kenoyer/Escutia-Braaton; 6/0) Resolution 2022-437 approving a Community Benefit Agreement between City of Modesto and Center for Human Services for the purpose of providing the Community Benefit Payment on behalf of Canopy Growth USA, LLC authorizing the City Manager or his designee, to execute the Agreement.
ACTION: Kenoyer/Escutia-Braaton; 6/0) Resolution 2022-438 amending the Fiscal Year 2022-2023 multi-year fund budget to establish applicable revenue, expense and transfer budgets for the Community Benefit Payment to Center for Human Services on behalf of Canopy Growth USA, LLC to be funded with Cannabis Community Benefit Funds and authorizing the City Manager or his designee, to take the necessary steps to implement the provisions of this Resolution.
Consent
6. Consider accepting the Economic Development Initiative (EDI), Community Project Funding and awarding Downtown Streets Team (DST) a grant of $400,000 to support the permanent housing component of Camp2Home. (Funding Source: Economic Development Initiative, Community Project Funding award) Resolution accepting the Economic Development Initiative, Community Project Funding, and awarding Downtown Streets Team a grant of $400,000 to support the permanent housing component of Camp2Home, and designating the City Manager, or his designee, to negotiate, and execute any related program Agreements, contracts or other documentation required for implementation. Resolution amending the Fiscal Year 2022-2023 multi-year fund budget to establish applicable revenue, expense, and transfer budgets for the Economic Development Initiative Community Project Funding Award Funds and authorizing the City Manager or his designee, to take the necessary steps to implement the provisions of this Resolution.
CED; Jessica Hill, 209-577-5321, [email protected]
ACTION: (Kenoyer/Escutia-Braaton; 6/0) Resolution 2022-439 accepting the Economic Development Initiative, Community Project Funding, and awarding Downtown Streets Team a grant of $400,000 to support the permanent housing component of Camp2Home, and designating the City Manager, or his designee, to negotiate, and execute any related program Agreements, contracts or other documentation required for implementation.
ACTION: (Kenoyer/Escutia-Braaton; 6/0) Resolution 2022-440 amending the Fiscal Year 2022-2023 multi-year fund budget to establish applicable revenue, expense, and transfer budgets for the Economic Development Initiative Community Project Funding Award Funds and authorizing the City Manager or his designee, to take the necessary steps to implement the provisions of this Resolution.
Consent
7. Consider approving an Agreement with Michael Baker International for the development of the 6th Cycle General Plan Housing Element Update, in an amount not - 5 -
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to exceed $349,790. (Funding Source: Local Early Action Planning (LEAP) Grant, SB2 Planning Grant)
Resolution approving the Agreement with Michael Baker International for the development of the 6th Cycle General Plan Housing Element Update, for an amount not to exceed $349,790 and authorizing the City Manager, or his designee, to execute the Agreement.
CED; Jessica Hill, 209-577-5321, [email protected]
ACTION: (Kenoyer/Escutia-Braaton; 6/0) Resolution 2022-441 approving the Agreement with Michael Baker International for the development of the 6th Cycle General Plan Housing Element Update, for an amount not to exceed $349,790 and authorizing the City Manager, or his designee, to execute the Agreement.
Mayor Zwahlen absent due to conflict of interest
Consent – Removed from Consent
8. Consider approving an extension of the eight Commercial Cannabis Retail Permits for dispensaries in the City from December 19, 2022 to June 30, 2023 and thus adjusting the two-year renewal period from a calendar year to a fiscal year which runs from July to June. (Funding Source: Cannabis Permit Fees)
Resolution approving the extension of the eight Commercial Cannabis Retail Permits for dispensaries in the City from December 19, 2022 to June 30, 2023 and thus adjusting the two-year renewal period from a calendar year to a fiscal year which runs from July to June.
CED; Sean Rando, 209-577-5473, [email protected]
ACTION: (Escutia-Braaton/Madrigal; 5/0; Mayor Zwahlen absent, due to conflict of interest) Resolution 2022-442 approving the extension of the eight Commercial Cannabis Retail Permits for dispensaries in the City from December 19, 2022 to June 30, 2023 and thus adjusting the two-year renewal period from a calendar year to a fiscal year which runs from July to June.
Consent
9. Consider approving the grant of a Permanent Utility Easement to Pacific Gas and Electric Company (PG&E) for electrical facilities within the Grayson Well 69 Project area, located at 1840 Mary Street, Grayson, CA 95363, APN: 016-034-015, owned by the City of Modesto. (Funding Source: Water Fund)
Resolution approving the grant of a Permanent Utility Easement to Pacific Gas and Electric Company for electrical facilities within the Grayson Well 69 Project area, located at 1840 Mary Street, Grayson, CA 95363, APN: 016-034- 015, owned by the City of Modesto and authorizing the City Manager or his designee to execute the grant of easement and all related documents.
UTILITIES; Miguel Alvarez, 209-577-5348, [email protected] ACTION: (Kenoyer/Escutia-Braaton; 6/0) Resolution 2022-443 approving the grant of a Permanent Utility Easement to Pacific Gas and Electric Company for electrical facilities within the Grayson Well 69 Project area, located at 1840 Mary Street, - 6 -
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Grayson, CA 95363, APN: 016-034-015, owned by the City of Modesto and authorizing the City Manager or his designee to execute the grant of easement and all related documents.
Consent
10. Consider approving the First Amendment with Muniquip Inc., Roseville, CA, for the purchase of Wemco/Hidrostal pump parts and/or electrical components, to a revised total amount not to exceed $250,237 over five years. (Funding Source: Sewer and Stormwater Fund)
Resolution approving the First Amendment increasing the Agreement amount with Muniquip Inc., Roseville, CA, for the purchase of Wemco/Hidrostal pump parts and/or electrical components by $170,237 from $80,000, for a new total amount not to exceed $250,237 over five years and authorizing the Director of Finance or her designee, to execute the Amendment.
UTILITIES; Monte Hamilton, 209-342-4505, [email protected] ACTION: (Kenoyer/Escutia-Braaton; 6/0) Resolution 2022-444 approving the First Amendment increasing the Agreement amount with Muniquip Inc., Roseville, CA, for the purchase of Wemco/Hidrostal pump parts and/or electrical components by $170,237 from $80,000, for a new total amount not to exceed $250,237 over five years and authorizing the Director of Finance or her designee, to execute the Amendment.
Consent
11. Consider approving an Agreement with West Yost Associates, Sacramento, CA, for Engineering Design Services for the Grayson Water Infrastructure Project in a total amount not to exceed $1,611,410. (Funding Source: Water Fund) Resolution approving an Agreement with West Yost Associates, of Sacramento, CA, for Engineering Design Services for the Grayson Water Infrastructure Project in the amount of $1,464,918 for the identified Scope of Services, plus $146,492 in additional services, if needed, for a total amount not to exceed $1,611,410 and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution amending the Fiscal Year 2022/23 Capital Improvement Program Budget in the amount of $703,461 to be transferred into Project 101081 from Water Fund Reserves in order to fund the design phase of the Grayson Water Infrastructure Project and authorizing the City Manager, or his designee to implement the provisions of this Resolution.
UTILITIES; Edgar Vargas, 209-571-5424, [email protected] ACTION: (Kenoyer/Escutia-Braaton; 6/0) Resolution 2022-445 approving an Agreement with West Yost Associates, of Sacramento, CA, for Engineering Design Services for the Grayson Water Infrastructure Project in the amount of $1,464,918 for the identified Scope of Services, plus $146,492 in additional services, if needed, for a total amount not to exceed $1,611,410 and authorizing the City Manager, or his designee, to execute the Agreement.
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ACTION: (Kenoyer/Escutia-Braaton; 6/0) Resolution 2022-446 amending the Fiscal Year 2022/23 Capital Improvement Program Budget in the amount of $703,461 to be transferred into Project 101081 from Water Fund Reserves in order to fund the design phase of the Grayson Water Infrastructure Project and authorizing the City Manager, or his designee to implement the provisions of this Resolution.
Consent
12. Consider approving an Agreement with West Yost Associates, Sacramento, CA, for Engineering Services for the development of a Groundwater Well Strategy Plan in a total amount not to exceed $110,990 and amending the Fiscal Year 2022/23 Multi-Year Program Budget. (Funding Source: Water Fund)
Resolution approving an Agreement with West Yost Associates, of Sacramento, CA, for Engineering Services for the development of a Groundwater Well Strategy Plan in the amount of $100,900 for the identified Scope of Services, plus $10,090 in additional services, if needed, for a total amount not to exceed $110,990 and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution amending the Fiscal Year 2022/23 Multi-Year Program Budget in the amount of $126,125 to be transferred into the Project from Water Fund Reserves in order to fund the development of a Groundwater Well Strategy Plan.
UTILITIES; Jim Alves, 209-571-5557, [email protected] ACTION: (Kenoyer/Escutia-Braaton; 6/0) Resolution 2022-447 approving an Agreement with West Yost Associates, of Sacramento, CA, for Engineering Services for the development of a Groundwater Well Strategy Plan in the amount of $100,900 for the identified Scope of Services, plus $10,090 in additional services, if needed, for a total amount not to exceed $110,990 and authorizing the City Manager, or his designee, to execute the Agreement.
ACTION: (Kenoyer/Escutia-Braaton; 6/0) Resolution 2022-448 amending the Fiscal Year 2022/23 Multi-Year Program Budget in the amount of $126,125 to be transferred into the Project from Water Fund Reserves in order to fund the development of a Groundwater Well Strategy Plan.
COUNCIL COMMENTS & REPORTS
Councilmember Ricci spoke about regionalism. When local cities ban together not only do the cities win budget wise, but so do the residents. He wanted to again mention that wastewater treatment is an area that can benefit from regionalism. He encouraged fellow councilmembers and everyone at the City to consider talking with our neighbors about opportunities out there. He also commented about the lack of sufficient media outlets in the City. The City and residents need pathways to tell our story and give a true perspective about the City. He’s looking forward to working with the City and fellow councilmembers to address this challenge. He also stated that he is looking forward to the Christmas parade, and thinks it’s important that they normalize low riders and the cruising culture because it’s not just the past, it’s the future. - 8 -
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Councilmember Madrigal stated that he agrees with Councilmember Ricci about having outlets for Council and the people to comment and share local news and stories. He voiced his support of this and urges the Council’s support for local television station access, such as the MyTV 26 Channel. He wanted to also thank City staff for being so responsive to his GoModesto App requests that he enters on behalf of citizens. He further invited the public and Council to attend the South Modesto Businesses United 11th Annual Gala Dinner that will be held on November 4 th . He further commented on his recent interview with Catholic Radio where he spoke about the GoModesto App. He thanked them for inviting him on the radio show.
Councilmember Kenoyer commented that she is thankful for the rain.
Mayor Zwahlen reported that she and Councilmember Ricci were recently invited to an MJC student forum to talk about what it is like to be in elective office. They spoke to the students about a day in the life of an elected official.
CITY MANAGER COMMENTS & REPORTS
None.
HEARINGS
Published in the Modesto Bee on October 12, 2022
13. Hearing to consider the application of the Arcadia Development Company for a proposed Amendment to the City of Modesto Urban Area General Plan, to amend 25 acres from Regional Commercial (RC) to Residential (R), and to consider a proposed Amendment to the Tivoli Specific Plan, to amend 25 acres from Regional Serving Commercial (RSC) uses to Low Density Residential (LDR-15) and 29.3 acres from Medium Density Residential (MDR) to Low Density Residential (LDR-14) for properties located east of Oakdale Road and north of Mable Avenue, and southeast of future Aria Way and north of McReynolds Ave. (Funding Source: Developer Funded) Resolution approving an amendment to the Modesto Urban Area General Plan to change the land use designation of 25 acres from Regional Commercial (RC) uses to Residential (R), property located north of Mable Avenue and east of Oakdale Road.
Resolution approving Specific Plan Amendment No. 3 to the Tivoli Specific Plan, to change the land use designation of 25 acres from Regional Serving Commercial (RSC) to Residential (R), and 29.3 acres from Medium Density Residential (MDR) to Low Density Residential (LDR).
Resolution adopting a Negative Declaration for a General Plan Amendment to change the land use designation of 25 acres from Regional Commercial (RC) to Residential (R), property located north of Mable Avenue and east of Oakdale Road, together with Amendment No. 3 to the Tivoli Specific Plan to change the land use designation of 25 acres from Regional Serving Commercial (RSC) to Low Density Residential (LDR), and 29.3 acres from Medium Density Residential (MDR) to Low Density Residential (LDR) in the Land Use Diagram of the Specific Plan.
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CED; Katharine Martin, 209-577-5465, [email protected] ACTION: (Wright/Kenoyer; 6/0) Resolution 2022-449 approving an amendment to the Modesto Urban Area General Plan to change the land use designation of 25 acres from Regional Commercial (RC) uses to Residential (R), property located north of Mable Avenue and east of Oakdale Road.
ACTION: (Escutia-Braaton/Wright; 6/0) Resolution 2022-450 approving Specific Plan Amendment No. 3 to the Tivoli Specific Plan, to change the land use designation of 25 acres from Regional Serving Commercial (RSC) to Residential (R), and 27 acres from Medium Density Residential (MDR) to Low Density Residential (LDR) as Amended.
ACTION: (Wright/Escutia-Braaton; 6/0) Resolution 2022-451 adopting a Negative Declaration for a General Plan Amendment to change the land use designation of 25 acres from Regional Commercial (RC) to Residential (R), property located north of Mable Avenue and east of Oakdale Road, together with Amendment No. 3 to the Tivoli Specific Plan to change the land use designation of 25 acres from Regional Serving Commercial (RSC) to Low Density Residential (LDR), and 27 acres from Medium Density Residential (MDR) to Low Density Residential (LDR) in the Land Use Diagram of the Specific Plan as Amended.
Published in the Modesto Bee on October 21, 2022.
14. Hearing to consider the application and issuance of a Permit to Operate as a NonEmergency Medical Transport Company to Rose Medical Transportation in the City of Modesto. (Funding Source: General Fund)
Resolution approving the application of Rose Medical Transportation, and authorizing the issuance of a Permit to Operate as a Non-Emergency Medical Transport Company in the City of Modesto.
POLICE DEPARTMENT; Bob Meredith, 209-572-9500, [email protected] ACTION: (Kenoyer/Escutia-Braaton; 6/0) Resolution 2022-452 approving the application of Rose Medical Transportation, and authorizing the issuance of a Permit to Operate as a Non-Emergency Medical Transport Company in the City of Modesto.
MATTERS TOO LATE FOR THE AGENDA
None.
ADJOURNMENT
This meeting adjourned at 7:25 p.m.
Attest:____________________________
Diane Nayares-Perez, City Clerk