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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, December 06, 2022 at 5:30 PM
Roll Call – Present: Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
Absent: None
Pledge of Allegiance to the Flag
Invocation: Pat Nagle, Redeemer Church
City Clerk’s Announcements: None
Declaration of Conflicts of Interest: None
Reports from Closed Session: City Attorney Sanchez reported that no reportable action was taken on the Closed Session items.
PUBLIC COMMENT PERIOD
Jerry Thompson spoke in support of lifting the ban on cruising. He also commented on the rich history of cruising.
Ramon Rodriguez spoke about the shooting of Paul Chavez, Jr. He also spoke about accountability and use of force.
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Steve spoke about the shooting of Paul Chavez, Jr and Officer Muncy. Gavin Bruce, spoke about the shooting of Paul Chavez, use of force and the Modesto Police Department.
Patrick Thomas spoke about the press release issued by the District Attorney regarding Paul Chavez, Jr.
Karen Sutherland commented about the shootings of Paul Chavez and spoke about Officer Muncy and asked for justice for Paul and Trevor Seever. Alissa Hagar spoke about the shooting of her brother Paul Chavez, Jr.. She further commented about Officer Muncy and Chief Gillespie. In addition, she spoke about the youth being the future generation of the community. Teresa Clutter spoke about the shooting of her son-in-law, Paul Chavez, Jr. She commented about what has occurred since his death.
Brittony Estrella Chavez commented on the death of her husband Paul Davis Chavez, Jr. She also commented on the statement issued by the District Attorney. Darlene Ruiz, Trevor Seever’s mother stated she is here in support of the Chavez family and stated that de-escalation is needed. She spoke in support of Forward Together.
Marla Seever, Trevor Seever’s aunt, spoke in support of the family of Paul Chavez.
She also commented about the Modesto Police Department. Ray Ruiz, Trevor Seever’s step father, commented regarding the shooting of Paul Chavez and Officer Muncy. He spoke in support of the City having an independent police auditor.
Anna spoke about the 26 seconds it took for the shooting of Paul Chavez and commented on the District Attorney’s statement.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS 1-22; (Wright/Williams; 7/0)
CONSENT
Consent
1. Consider approving the Minutes from the November 1, 2022 Council Meeting. (Funding Source: Not Applicable)
Motion approving the Minutes from the November 1, 2022 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] - 3 -
12/6/2022 5:30:00 PM
ACTION: (Wright/Williams; 7/0) Motion approving the Minutes from the November 1, 2022 Council Meeting.
Consent
2. Consider approving the 2023 Calendar of regularly scheduled City Council and Council Standing Committee meetings. (Funding Source: Not Applicable) Resolution approving the 2023 City Calendars of regularly scheduled City Council and Council Standing Committee meetings.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2022-454 approving the 2023 City Calendars of regularly scheduled City Council and Council Standing Committee meetings.
Consent
3. Consider approving the Mayor’s appointments to the City of Modesto Standing Committees, and City Council Liaison Committees; and appointment of a Vice Mayor for the 2023 calendar year. (Funding Source: Not Applicable) Motion approving the selection of Council Member Ricci as Vice Mayor. Motion approving the appointments to the Standing Committees and City Council Liaison Committees.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Williams; 7/0) Motion approving the selection of Council Member Ricci as Vice Mayor.
ACTION: (Wright/Williams; 7/0) Motion approving the appointments to the Standing Committees and City Council Liaison Committees.
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: (Wright/Williams; 7/0) Resolution 2022-455 continuing to authorize remote teleconference meetings of the City of Modesto pursuant to Assembly Bill 361.
Consent
5. Consider approving the recommended Budget adjustments to Fiscal Year 2022-23 Annual Operating and Capital Improvement Program Budgets. (Funding Source:
Various Funds)
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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/Williams; 7/0) Resolution 2022-456 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
6. Consider approving a Third Amendment to the Joint Exercise of Powers Agreement with the County of Stanislaus, amending sections 8.1.3, 8.1.4 and 8.3.3 concerning Membership and Alternate Members Appointed to Serve as a Staff Member Commissioners on the Consolidated Emergency Dispatch Agency Commission, and appointing the Deputy City Manager of Operations to serve as the City of Modesto Staff Member Commissioner, and Deputy City Manager of Support as their Alternate, to the Consolidated Emergency Dispatch Agency Commission. (Funding Source: Not Applicable)
Resolution approving a Third Amendment to the Joint Exercise of Powers Agreement with the County of Stanislaus, amending sections 8.1.3, 8.1.4 and
8.3.3 concerning Membership and Alternate Members Appointed to Serve as Staff Member Commissioners on the Consolidated Emergency Dispatch Agency Commission and authorizing the City Manager, or his designee to execute the Amendment, and appointing the Deputy City Manager of Operations to serve as the City of Modesto Staff Member Commissioner, and Deputy City Manager of Support as their Alternate, to the Consolidated Emergency Dispatch Agency Commission.
CITY MANAGER; Scotty Douglass, 209-577-9149, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2022-457 approving a Third Amendment to the Joint Exercise of Powers Agreement with the County of Stanislaus, amending sections 8.1.3, 8.1.4 and 8.3.3 concerning Membership and Alternate Members Appointed to Serve as Staff Member Commissioners on the Consolidated Emergency Dispatch Agency Commission and authorizing the City Manager, or his designee to execute the Amendment, and appointing the Deputy City Manager of Operations to serve as the City of Modesto Staff Member Commissioner, and Deputy City Manager of Support as their Alternate, to the Consolidated Emergency Dispatch Agency Commission.
Consent
7. Consider accepting an informational report for the September 2022 Accounts Payable Payment Register and Void report. (Funding Source: Not Applicable) Motion accepting an informational report for the September 2022 Accounts Payable Payment Register and Void report.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249, [email protected] - 5 -
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ACTION: (Wright/Williams; 7/0) Motion accepting an informational report for the September 2022 Accounts Payable Payment Register and Void report.
Consent
8. Consider accepting an informational report on the July and August 2022 Grant Applications and Awards. (Funding Source: Not Applicable) Motion accepting an informational report for the July and August 2022 Grant Applications and Awards.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Wright/Williams; 7/0) Motion accepting an informational report for the July and August 2022 Grant Applications and Awards.
Consent
9. Consider accepting the Monthly Investment Report for July 2022. (Funding Source:
Various Funds)
Motion accepting the Monthly Investment Report for July 2022.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
ACTION: (Wright/Williams; 7/0) Motion accepting the Monthly Investment Report for July 2022.
Consent
10. Consider approving a Purchasing Agreement for Concrete Boxes, Covers, Valves and Fittings to Ferguson Waterworks, Modesto CA, Iconix Waterworks, McClellan CA, and to American AVK, Minden, NV for a total amount not to exceed $3,825,000 over five years. (Funding Source: Water and Wastewater Funds) Resolution approving the Award of Bid and Purchasing Agreements for Concrete Boxes, Covers, Valves, Hydrants and Fittings to Ferguson Waterworks, Modesto CA, Iconix Waterworks, McClellan CA, and American AVK, Minden, NV for a one–year Agreement with four one-year extension options, for a total estimated annual amount not to exceed $765,000, and a total amount not to exceed $3,825,000 over five years; and authorizing the Director of Finance, or her designee to execute the Purchasing Agreements.
FINANCE DEPARTMENT; Cynthia Kline, 209-577-5412, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2022-458 approving the Award of Bid and Purchasing Agreements for Concrete Boxes, Covers, Valves, Hydrants and Fittings to Ferguson Waterworks, Modesto CA, Iconix Waterworks, McClellan CA, and American AVK, Minden, NV for a one–year Agreement with four one-year extension options, for a total estimated annual amount not to exceed $765,000, and a total amount not to exceed $3,825,000 over five years; and authorizing the Director of Finance, or her designee to execute the Purchasing Agreements.
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Consent
11. Consider approving an Agreement with InfoSend Inc., for Forms, Printing, and Mailing Services, for a total amount not to exceed $12,051,699 over eight years. (Funding Source: Various Funds)
Resolution approving an Agreement with InfoSend Inc., by utilizing the City of Oceanside Agreement for Forms, Printing, and Mailing Services, for a three year Agreement with five one-year extension options, for an annual estimated amount of $1,506,642 and a total amount not to exceed $12,051,699 over eight years; and authorizing the City Manager, or his designee, to execute the Agreement.
FINANCE DEPARTMENT; Jeni Martin, 209-571-5892, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2022-459 approving an Agreement with InfoSend Inc., by utilizing the City of Oceanside Agreement for Forms, Printing, and Mailing Services, for a three year Agreement with five one-year extension options, for an annual estimated amount of $1,506,642 and a total amount not to exceed $12,051,699 over eight years; and authorizing the City Manager, or his designee, to execute the Agreement.
Consent
12. Consider approving a One-Time Purchase using the Competitive Bid Process from The National Association of State Procurement Officials (NASPO) ValuePoint for eight LifePak15 Monitors from Stryker Medical, Chicago, IL for a total amount not to exceed $353,624. (Funding Source: General Fund)
Resolution approving a One-Time Purchase using the Competitive Bid Process from The National Association of State Procurement Officials (NASPO) ValuePoint for eight LifePak15 Monitors from Stryker Medical, Chicago, IL for a total cost not to exceed $353,624; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.
FIRE DEPARTMENT; Alan Ernst, 209-572-9590, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2022-460 approving a One-Time Purchase using the Competitive Bid Process from The National Association of State Procurement Officials (NASPO) ValuePoint for eight LifePak15 Monitors from Stryker Medical, Chicago, IL for a total cost not to exceed $353,624; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.
Consent
13. Consider approving an Agreement with Sloan Sakai Yeung & Wong, LLP, Emeryville, CA to conduct a Compensation Study in an amount not to exceed $54,000. (Funding Source: Various Funds)
Resolution approving an Agreement with Sloan Sakai Yeung & Wong, LLP, Emeryville, CA to conduct a Compensation Study in an amount not to exceed $54,000 for a term of December 6, 2022 to December 6, 2023 and authorizing the City Manager, or his designee, to execute the Agreement.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] - 7 -
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ACTION: (Wright/Williams; 7/0) Resolution 2022-461 approving an Agreement with Sloan Sakai Yeung & Wong, LLP, Emeryville, CA to conduct a Compensation Study in an amount not to exceed $54,000 for a term of December 6, 2022 to December 6, 2023 and authorizing the City Manager, or his designee, to execute the Agreement.
Consent
14. Consider approving an Amendment to Lease Agreement for the Modular Building at Dryden Golf Course and approving the increase of a Purchase Order with Williams Scotsman, Inc., Fresno, California, for a revised total amount not to exceed $95,000. (Funding Source: Golf Fund)
Resolution approving the Amendment to Lease Agreement for the Modular Building at Dryden Golf Course and approving the increase of a Purchase Order with Williams Scotsman, Inc., Fresno, California, for a revised total amount not to exceed $95,000; and authorizing the City Manager, or his designee, to execute the Amendment.
PRN; Laurie Smith, 209-577-5347, [email protected]
ACTION: (Wright/Williams; 7/0) Resolution 2022-462 approving the Amendment to Lease Agreement for the Modular Building at Dryden Golf Course and approving the increase of a Purchase Order with Williams Scotsman, Inc., Fresno, California, for a revised total amount not to exceed $95,000; and authorizing the City Manager, or his designee, to execute the Amendment.
Consent
15. Consider approving the First Amendment to the City of Modesto Pandemic Recovery Strategy – Modesto Forward Grant Agreement with the Modesto Convention and Visitors Bureau, Inc., for the Year 2 allocation of $250,000 in American Rescue Plan Act funding. (Funding Source: American Rescue Plan Act Funds) Resolution approving the First Amendment to the City of Modesto Pandemic Recovery Strategy – Modesto Forward Grant Agreement with the Modesto Convention and Visitors Bureau, Inc., for the Year 2 allocation of $250,000 in American Rescue Plan Act funding, and authorizing the City Manager, or his designee, to execute the First Amendment and carry out the necessary steps to implement the spending plan for the second allocation.
PRN; Laurie Smith, 209-577-5347, [email protected]
ACTION: (Wright/Williams; 7/0) Resolution 2022-463 approving the First Amendment to the City of Modesto Pandemic Recovery Strategy – Modesto Forward Grant Agreement with the Modesto Convention and Visitors Bureau, Inc., for the Year 2 allocation of $250,000 in American Rescue Plan Act funding, and authorizing the City Manager, or his designee, to execute the First Amendment and carry out the necessary steps to implement the spending plan for the second allocation.
Consent
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16. Consider approving the Fourth Amendment to Agreement with The Baseball Club of Modesto, as Successor in Interest to HWS Baseball IV, LLC, to revise the expiration date in the Accelerated Termination Provision from December 31, 2022 to December 31, 2023. (Funding Source: CIP Project 101019/General Fund) Resolution approving the Fourth Amendment to Agreement with The Baseball Club of Modesto, as Successor in Interest to HWS Baseball IV, LLC, to revise the expiration date in the Accelerated Termination Provision from December 31, 2022 to December 31, 2023, and authorizing the City Manager, or his designee to execute the Fourth Amendment to Agreement.
PRN; Laurie Smith, 209-577-5347, [email protected]
ACTION: (Wright/Williams; 7/0) Resolution 2022-464 approving the Fourth Amendment to Agreement with The Baseball Club of Modesto, as Successor in Interest to HWS Baseball IV, LLC, to revise the expiration date in the Accelerated Termination Provision from December 31, 2022 to December 31, 2023, and authorizing the City Manager, or his designee to execute the Fourth Amendment to Agreement.
Consent
17. Consider approving the Purchase and Sale Agreement for certain real property located at approximately 1300 Scenic Drive, Stanislaus County Assessor’s Parcel Number 034- 018-014, for $795,000, plus $20,000 in anticipated closing costs. (Funding Source:
Parks and Air Quality Capital Facility Fee Fund)
Resolution approving the Purchase and Sale Agreement for certain real property located at approximately 1300 Scenic Drive, Stanislaus County Assessor’s Parcel Number 034-018-014, for $795,000, plus $20,000 in anticipated closing costs; and authorizing the City Manager, or his designee, to execute any documents necessary to carry out the purpose of this Resolution.
PRN; Laurie Smith, 209-577-5347, [email protected]
ACTION: (Wright/Williams; 7/0) Resolution 2022-465 approving the Purchase and Sale Agreement for certain real property located at approximately 1300 Scenic Drive, Stanislaus County Assessor’s Parcel Number 034-018-014, for $795,000, plus $20,000 in anticipated closing costs; and authorizing the City Manager, or his designee, to execute any documents necessary to carry out the purpose of this Resolution.
Consent
18. Consider approving an Agreement with HDR Engineering, Inc. to conduct a Feasibility Study for the City’s Compost Facility at 7001 Jennings Road, for a total amount not to exceed $97,055. (Funding Source: Compost Facility Improvement Fund) Resolution approving an Agreement with HDR Engineering, Inc., Northern California Area, to conduct a Feasibility Study for the City’s Compost Facility at 7001 Jennings Road for a total amount not to exceed $97,055, and authorizing the City Manager, or his designee, to execute the Agreement.
PUBLIC WORKS; Rosene Salmo, 209-577-5453, [email protected] - 9 -
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ACTION: (Wright/Williams; 7/0) Resolution 2022-466 approving an Agreement with HDR Engineering, Inc., Northern California Area, to conduct a Feasibility Study for the City’s Compost Facility at 7001 Jennings Road for a total amount not to exceed $97,055, and authorizing the City Manager, or his designee, to execute the Agreement.
Consent
19. Consider approving the Plans and Specifications for the Rebid Upgrade Traffic Signals - 2017 Project, accepting the bid, and awarding a contract to St. Francis Electric, LLC of San Leandro, CA for a total amount not to exceed $935,567. (Funding Source:
Congestion Mitigation Air Quality Grant)
Resolution approving the Plans and Specifications for the Rebid Upgrade Traffic Signals - 2017 Project, accepting the bid, and awarding a Contract to St.
Francis Electric, LLC of San Leandro, CA, in the amount of $850,515, plus $85,052 for contingency (if needed), for a total amount not to exceed $935,567, and authorizing the City Manager, or his designee, to execute the Agreement.
PUBLIC WORKS; James Ashby, 209-571-5116, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2022-467 approving the Plans and Specifications for the Rebid Upgrade Traffic Signals - 2017 Project, accepting the bid, and awarding a Contract to St. Francis Electric, LLC of San Leandro, CA, in the amount of $850,515, plus $85,052 for contingency (if needed), for a total amount not to exceed $935,567, and authorizing the City Manager, or his designee, to execute the Agreement.
Consent
20. Consider accepting the Upgrade Advanced Traffic Management System 2017 Project as complete. (Funding Source: Congestion Mitigation and Air Quality) Resolution accepting the Upgrade Advanced Traffic Management System 2017 Project as complete.
PUBLIC WORKS; James Ashby, 209-571-5116, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2022-468 accepting the Upgrade Advanced Traffic Management System 2017 Project as complete.
Consent
21. Consider accepting the Modesto Modular Building Relocation Project as Complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $484,537 to Harris Builders, Inc., of Hilmar, CA. (Funding Source: Community Development Block Grant Funds (CDBG)) Resolution accepting the Modesto Modular Building Relocation Project as Complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $484,537 to Harris Builders Inc., Hilmar, CA.
UTILITIES; Pete Kambel, 209-577-5444, [email protected] - 10 -
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ACTION: (Wright/Williams; 7/0) Resolution 2022-469 accepting the Modesto Modular Building Relocation Project as Complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $484,537 to Harris Builders Inc., Hilmar, CA.
Consent
22. Consider approving an Agreement with HSQ Technology, Hayward, CA, for the procurement of parts, service, licenses and support for the Miser and Supervisor Control and Data Acquisition System, for two years, with three one-year extension options, for an annual estimated amount of $145,000 and a total not to exceed $725,000 over five years. (Funding Source: Water and Wastewater Funds) Resolution approving an Agreement with HSQ Technology, Hayward, CA, for the Procurement of Parts, Service, Licenses and Support for two years, with three one-year extension options, for an annual estimated amount of $145,000 and a total amount not to exceed $725,000 over five years, and authorizing the Director of Finance, or her designee, the ability to add parts based on the department’s needs, ensuring the total amount does not exceed the authorized total and authorizing the City Manager, or his designee, to execute the Agreement.
UTILITIES; Jason Farnsworth, 209-577-6255, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2022-470 approving an Agreement with HSQ Technology, Hayward, CA, for the Procurement of Parts, Service, Licenses and Support for two years, with three one-year extension options, for an annual estimated amount of $145,000 and a total amount not to exceed $725,000 over five years, and authorizing the Director of Finance, or her designee, the ability to add parts based on the department’s needs, ensuring the total amount does not exceed the authorized total and authorizing the City Manager, or his designee, to execute the Agreement.
COUNCIL COMMENTS & REPORTS
Councilmember Williams acknowledged the Parks and Recreation Department for putting on a successful Celebration of Lights Ceremony despite the inclement weather. He further thanked all those that assisted and participated in the parade. He also invited the public to attend the 2022 Modesto Spirit of Giving 5K Run on Saturday, December 10th, 2022. He stated he would be remiss if he did not include Chris Murphy, Matt Swanson, and Brian Gini who every year make it possible to do the tree lighting.
Councilmember Escutia-Braaton thanked all staff and volunteers who helped make the Parade of Lights an immensely enjoyable event. There were about 8,000 spectators in attendance. She thanked the over 200 volunteers that gave their time to make the event happen. It was a lovely way to begin the holiday season. Last week she attended the League Leaders Workshop; it was a wonderful opportunity for her to represent Modesto among other municipalities. It was an immense learning opportunity with conversations about valuable initiatives that impact Modesto.
She detailed one highly taxation initiative that was discussed. She also attended an event that - 11 -
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celebrated the McHenry Avenue widening project, a public safety and roadway improvement project, that allows for a safer commute. She invited the public to attend the Annual South Modesto SMBU Christmas Posada Toy Giveaway on Wednesday, December 7, 2022.
Councilmember Ricci stated that he echoed the sentiments of fellow councilmembers about the Christmas Parade. It was a tremendous event. He was thrilled to be able to ride with the cruising coalition at the parade. Cruising is part of the City's culture and Modesto needs to embrace it. They need to look at this seriously and he has seen other cities address the ban issue.
As a community, they need to talk about it. He is excited Forward Together is coming to the Council. It’s an opportunity to strengthen the police department and the community. He addressed a recent Facebook post of his regarding the hiring of an auditor, but the graphic he used made it look like the staff was hiding something and that certainly wasn’t his intention.
Having an auditor is important, because it gives them an opportunity to improve and be better.
He knows staff has an incredible amount of integrity and win awards time and time again for how hard they work and the quality of their work. He commented about homelessness in the community. It’s rampant and out of control and he is pushing to find new measures to deal with this issue. There have been numerous nights in the past couple of weeks that the shelters have been completely full. There are lots of options that they can be doing as a City. He further commented on abandoned commercial properties that are attracting drug, crime, blight and prostitution. It’s all due to certain landlords not taking responsibility for their buildings. These properties hurt the quality of life in the community. As a City, they need to do something about it.
Councilmember Alvarez also wanted to give a special thank you to everyone who helped organize the Christmas Parade. He also wanted to give a special thank you to the Modesto Cruisers Council and the Impalas Car Club for their generosity, professionalism and service to the community. These organizations are Modesto first type of folks. He also wanted to highlight the tireless work that Nasson Sanchez, as chairman of the Cruiser’s Council has been doing for the last several months for the community at large. He hopes to see that continued effort as they work to try and reintegrate cruising.
Mayor Zwahlen reported that she was recently honored to participate in the Healthy Room Project that the City’s law enforcement officers organize. The law enforcement officers get information about the children’s’ favorite colors. While the children are in school, their rooms are painted in their favorite color and new beds and furniture are provided. These two young boys were very happy and it was a great interaction between the children and law enforcement officers. She also wanted to welcome the new Councilmembers and is thrilled to have a full Council. The new councilmembers are in their office, working hard, learning and talking to the residents. She is looking forward to a lot of great work ahead.
CITY MANAGER COMMENTS & REPORTS
City Manager Lopez acknowledged the Parks and Recreation Department for their tremendous amount of effort to put on the Holiday Parade. They were out there all day in the weather. The Department did a tremendous job and he appreciates all the effort. - 12 -
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HEARINGS
Published in the Modesto Bee on November 23, 2022 & November 29, 2022.
23. Public Hearing to consider an Ordinance repealing Title 5, “Sanitation and Health,” Chapter 11 “Organic Waste Disposal” of the Modesto Municipal Code in its entirety, repealing and replacing Title 5, Chapter 5 “Solid Waste” of the Modesto Municipal Code, approving an updated Cash Security Deposit Schedule for Self-Haul charges, establishing an annual 9.9% Franchise Fee in accordance with Assembly Bill 939 and rescinding Resolution No. 98-113. (Funding Source: Not Applicable) Motion introducing and waiving the First Reading of an Ordinance repealing Title 5, “Sanitation and Health,” Chapter 11 “Organic Waste Disposal” of the Modesto Municipal Code in its entirety, and repealing and replacing Title 5, Chapter 5, “Solid Waste” of the Modesto Municipal Code. Resolution updating the Schedule of Cash Security Deposits to be charged to residents and businesses for Self-Haul of Solid Waste in the City of Modesto, establishing an annual 9.9% Franchise Fee in accordance with Assembly Bill 939, and rescinding Resolution No. 98-113.
PUBLIC WORKS; Rosene Salmo, 209-577-5453, [email protected] ACTION: (Ricci/Bavaro; 7/0) Motion introducing and waiving the First Reading of an Ordinance 3752-C.S. repealing Title 5, “Sanitation and Health,” Chapter 11 “Organic Waste Disposal” of the Modesto Municipal Code in its entirety, and repealing and replacing Title 5, Chapter 5, “Solid Waste” of the Modesto Municipal Code.
ACTION: (Escutia-Braaton/Zwahlen; 6/1;Wright Noes;) Resolution 2022-471 updating the Schedule of Cash Security Deposits to be charged to residents and businesses for Self-Haul of Solid Waste in the City of Modesto, establishing an annual
9.9% Franchise Fee in accordance with Assembly Bill 939, and rescinding Resolution No. 98-113.
NEW BUSINESS
24. Consider approving a Resolution authorizing the City of Modesto to utilize the services of Mark Murphy on an interim basis to fulfill the duties of Traffic Engineer for a limited duration of up to six months or until the recruitment is completed, whichever is first. (Funding Source: Surface Transportation Funds)
Resolution authorizing the City of Modesto to utilize the services of Mark Murphy on an interim basis to fulfill the duties of Traffic Engineer for a limited duration of up to six (6) months or until the recruitment is completed, whichever is first; and authorizing the City Manager, or his designee, to take the necessary steps to implement the provisions of the action.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] ACTION: ACTION: (Williams/Wright; 7/0) Resolution 2022-472 authorizing the City of Modesto to utilize the services of Mark Murphy on an interim basis to fulfill the duties of Traffic Engineer for a limited duration of up to six (6) months or until the - 13 -
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recruitment is completed, whichever is first; and authorizing the City Manager, or his designee, to take the necessary steps to implement the provisions of the action.
MATTERS TOO LATE FOR THE AGENDA
None
ADJOURNMENT
This meeting adjourned at 6:53 PM.
Closed Session matters heard before the meeting.
CLOSED SESSION
CONFERENCE WITH REAL PROPERTY NEGOTIATORS:
(Pursuant to Section 54956.8 of the Government Code)
Property: 131 9th Street, Modesto, CA 95351, APN: 103-006-002 Property Owners: Varni Bros Corporation
Negotiating Parties:
For City: Will Wong, Director of Utilities
Jose M. Sanchez, City Attorney
For Owner: Property Owner
Under Negotiation: Price and Terms
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
One Case (Pursuant to Section 54956.9(d)(4) of the Government Code) - 14 -
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CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Two Cases (Pursuant to Section 54956.9(a) of the Government Code) Name of case(s): Benito Chavez v. City of Modesto
California Workers Compensation Appeals Board
Nos. ADJ13097362, ADJ13097376, ADJ13097365,
ADJ13097371, ADJ13096784
Ron Keyes v. City of Modesto
California Workers Compensation Appeals Board
Nos. ADJ15382869, ADJ13830244, ADJ14260996,
ADJ15382869
Attest:____________________________
Diane Nayares-Perez, City Clerk