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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 13, 2022 at 5:30 PM
Roll Call - Present: Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
Pledge of Allegiance to the Flag
Invocation: Dallas Jackson, Renew Church
City Clerk’s Announcements: City Clerk announced email correspondence was received for Item 23, as well as, Public Comment and forwarded to the Council.
Declaration of Conflicts of Interest: None
Reports from Closed Session: City Attorney Sanchez reported that no reportable action was taken on the Closed Session item.
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Presentations of Certificate of Achievement for Excellence in Financial Reporting and Popular Annual Financial Reporting Award by Government Finance Officers Association (GFOA) for Fiscal Year ending June 30, 2021, and Presentation for Distinguished Budget Presentation Award by GFOA for Fiscal Year 2022-23 Budget. (Funding Source: Not Applicable)
FINANCE; DeAnna Christensen, 209-577-5387, [email protected] - 2 -
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ACTION: Joe Lopez, City Manager presented the Certificate of Achievement for Excellence in Financial Reporting and Popular Annual Financial Reporting Award by Government Finance Officers Association (GFOA) for Fiscal Year ending June 30, 2021, and Presentation for Distinguished Budget Presentation Award by GFOA for Fiscal Year 2022-23 Budget to DeAnna Christiansen, Finance Director.
2. Presentation of eye glasses collected during Second Chance Week. (Funding Source:
Not Applicable)
PUBLIC WORKS; Myriah Hill, 209-521-4801, [email protected] ACTION: Myriah Hill presented eye glasses collected during Second Chance Week.
PUBLIC COMMENT PERIOD
Steve Cunha, President of Modesto Street Rod Association spoke in support of lifting the ban on cruising.
Paul Soto, from San Jose spoke in support of lifting the ban on cruising. Betty Santos, West Coast Customs spoke in support of lifting the ban on cruising . She spoke on the recent toy drives, turkey drive and other community events they have hosted to benefit Modesto residents.
Lorraine from East Los Angeles spoke in support of lifting the ban on cruising. James Costello from Modesto Peace Life Center spoke about civilian police review boards. He thanked the Forward Together Committee for their work and hopes Council will vote for it.
Patrick Thomas read an excerpt from the District Attorney’s letter regarding the shooting of Paul Chavez, Jr.
Alissa Hagar commented on Forward Together and she also spoke about the death of Paul Chavez, Jr.
Flavio from the California Low Rider Alliance spoke in support of lifting the ban on cruising.
Bob Holloway spoke in support of lifting the ban on cruising. Ramon Rodriguez spoke in support of lifting the ban on cruising and police reform. - 3 -
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Alejandro Bravo thanked all the lowriders, hot rod and car enthusiasts for being present this evening. On behalf of the Modesto Cruising coalition she asked Council repeal the ban on cruising.
Vicente spoke in support of a police oversight commission. All cities need to have oversight commissions. He also spoke in support of lifting the ban on cruising. Charles Byrd, Chairman of the Libertarians Party in Stanislaus County spoke about police accountability and reform. He also spoke about the car culture in the City. Johnathan Williams mentioned the names of Paul Chavez’s three sons, Paul III, Abraham and Josiah. He commented on the shooting of Paul Chavez, Jr. Beth Goodridge and her son Brandon spoke about the intersection of Sycamore and Coldwell. She referenced a video she sent to the Council. Andrea Kidd spoke in support of lifting the ban on cruising. Brittony Estrella Chavez commented on the death of her husband Paul Davis Chavez, Jr. Theresa Clutter spoke about the shooting of Paul Chavez, Jr., and asked for justice for Paul Chavez.
Nassan Sanchez congratulated the newly elected councilmembers. He also spoke about the many community drives the car clubs hosted to benefit community members. He spoke in support of lifting the ban on cruising and requested to place an item on the agenda to lift the ban on cruising.
Steve spoke about the shooting of Paul Chavez, Jr. He also commented on cruising in the City, and Forward Together.
DeAnna Garcia spoke about lowering the taxes on Cannabis. She also spoke in support of the core cannabis equity program and commented about the Maze Blvd exit. Vanessa Alfaro spoke about lifting the ban on cruising and police reform. Patricia read a comment about being stopped by the Modesto Police Department. Jerry Thompson spoke in support of lifting the ban on cruising Aaron Anguiano spoke in support of lifting the ban on cruising. - 4 -
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Natalie Perez spoke in support of lifting the ban on cruising. A gentleman congratulated newly elected councilmembers. He spoke in support of lifting the ban on cruising and the death of Paul Chavez, Jr.
Recessed: 7:20 pm
Reconvened: 7:26 pm
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS 3-22: (Wright/Alvarez; 7/0)
CONSENT
Consent
3. Consider approving the Minutes from the December 6, 2022 Council Meeting. (Funding Source: Not Applicable)
Motion approving the Minutes from the December 6, 2022 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Alvarez; 7/0) Motion approving the Minutes from the December 6, 2022 Council Meeting.
Consent
4. Consider approving final adoption of 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. (Funding Source: Not Applicable) Motion approving final adoption of 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.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Alvarez; 7/0) Motion approving final adoption of 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.
Consent
5. 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] - 5 -
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ACTION: (Wright/Alvarez; 7/0) Resolution 2022-473 continuing to authorize remote teleconference meetings of the City of Modesto pursuant to Assembly Bill 361.
Consent
6. Consider approving a resolution authorizing the City Manager to execute Agreements with the California Department of Tax and Fee Administration (“CDTFA”) for implementation of a Local Transactions and Use Tax; and the Resolution authorizing the examination of the Sales, Use, and Transactions Tax Records for the City. (Funding Source: General Fund)
Resolution of the City Council of the City of Modesto authorizing the City Manager or his designee to execute Agreements with the California Department of Tax and Fee Administration for implementation of a Local Transactions and Use Tax.
Resolution of the City Council of the City of Modesto, authorizing the examination of Sales or Transactions and Use Tax Records.
CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected] ACTION: (Wright/Alvarez; 7/0) Resolution 2022-474 of the City Council of the City of Modesto authorizing the City Manager or his designee to execute Agreements with the California Department of Tax and Fee Administration for implementation of a Local Transactions and Use Tax.
ACTION: (Wright/Alvarez; 7/0) Resolution 2022-475 of the City Council of the City of Modesto, authorizing the examination of Sales or Transactions and Use Tax Records.
Consent
7. Consider approving a Third Amendment to the Legal Services Agreement with Nossaman LLP to adjust rates and extend the term of the Agreement for one remaining year. (Funding Source: Streets Capital Facility Fees, Regional Measure L) Resolution approving a Third Amendment to the Legal Services Agreement with Nossaman LLP to adjust the blended hourly rate from $425 to $438 and extending the term of the Agreement to December 31, 2023, to continue to provide Eminent Domain Legal Services for State Route 132 West Freeway/Expressway Phase 1 Project, with no increase to the not to exceed amount of $2,000,000 for the Agreement and authorizing the City Manager, or his designee, to execute the Amendment.
CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected] ACTION: (Wright/Alvarez; 7/0) Resolution 2022-476 approving a Third Amendment to the Legal Services Agreement with Nossaman LLP to adjust the blended hourly rate from $425 to $438 and extending the term of the Agreement to December 31, 2023, to continue to provide Eminent Domain Legal Services for State Route 132 West Freeway/Expressway Phase 1 Project, with no increase to the not to exceed amount of $2,000,000 for the Agreement and authorizing the City Manager, or his designee, to execute the Amendment.
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Consent
8. Consider approving a Second Amendment to the Legal Services Agreement with Rivera, Hewitt Paul, LLP in the amount of $255,000, for a total Agreement amount not to exceed $400,000 for continued representation. (Funding Source: General Liability Insurance Fund)
Resolution approving a Second Amendment to the Legal Services Agreement with Rivera Hewitt Paul, LLP in the amount of $255,000, for a total Agreement amount not to exceed $400,000, for continued representation in police litigation matters and authorizing the City Manager or his designee, to execute the Amendment.
CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected] ACTION: (Wright/Alvarez; 7/0) Resolution 2022-477 approving a Second Amendment to the Legal Services Agreement with Rivera Hewitt Paul, LLP in the amount of $255,000, for a total Agreement amount not to exceed $400,000, for continued representation in police litigation matters and authorizing the City Manager or his designee, to execute the Amendment.
Consent
9. Consider accepting a Cannabis Equity Assessment Report, adopting a Cannabis Equity Program, and approving the submission of a Grant Application for the Governor’s Office of Business and Economic Development Cannabis Equity Grant Program for Local Jurisdictions. (Funding Source: General Fund)
Resolution accepting the City of Modesto Cannabis Equity Assessment Report. Resolution adopting a City of Modesto Cannabis Equity Program and authorizing the City Manager, or designee, to take all actions as may be required to implement this resolution and program, including but not limited to the establishment of internal controls, administrative functions, and application submittal processes as necessary.
Resolution authorizing the City Manager, or designee, to apply for a State of California Cannabis Equity Grant Program for Local Jurisdictions, for the purpose of funding a Cannabis Equity Program and to complete and submit the Grant Application and any subsequent application with the Governor’s Office of Business and Economic Development in relation thereto.
CED; Sean Rando, 209-577-5473, [email protected]
ACTION: (Wright/Alvarez; 7/0) Resolution 2022-478 accepting the City of Modesto Cannabis Equity Assessment Report.
ACTION: (Wright/Alvarez; 7/0) Resolution 2022-479 adopting a City of Modesto Cannabis Equity Program and authorizing the City Manager, or designee, to take all actions as may be required to implement this resolution and program, including but not limited to the establishment of internal controls, administrative functions, and application submittal processes as necessary.
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ACTION: (Wright/Alvarez; 7/0) Resolution 2022-480 authorizing the City Manager, or designee, to apply for a State of California Cannabis Equity Grant Program for Local Jurisdictions, for the purpose of funding a Cannabis Equity Program and to complete and submit the Grant Application and any subsequent application with the Governor’s Office of Business and Economic Development in relation thereto.
Consent
10. Consider adopting Section 24 (Davis Bacon Labor Standards) and Section 25 (Minority Business Enterprise and Women Business Enterprise) and amending Section 6 (Homeowner Rehabilitation Program Policies) of the Housing and Urban Development Policies & Procedures Manual. (Funding Source: Not Applicable) Resolution approving the adoption of Section 24 (Labor Standards) and Section 25 (MBE/WBE) and the amendment of the Section 6 (Homeowner Rehabilitation Program Policies), within the Housing and Urban Development Policies & Procedures Manual.
CED; Jessica Hill, 209-577-5321, [email protected]
ACTION: (Wright/Alvarez; 7/0) Resolution 2022-481 approving the adoption of Section 24 (Labor Standards) and Section 25 (MBE/WBE) and the amendment of the Section 6 (Homeowner Rehabilitation Program Policies), within the Housing and Urban Development Policies & Procedures Manual.
Consent
11. Consider approving an Agreement with Catholic Charities Diocese of Stockton to provide Environmental Justice Outreach component of the Affordable Housing and Sustainable Communities Grant application in an amount not to exceed $175,000 for the next three years for Archway Commons Phase II. (Funding Source: Affordable Housing and Sustainable Communities)
Resolution approving an Agreement with Catholic Charities Diocese of Stockton to provide the Environmental Justice Outreach component of the Affordable Housing and Sustainable Communities Grant application in an amount not to exceed $175,000 for the next three years for Archway Commons Phase II and authorizing the City Manager or designee to execute the Agreements.
Resolution amending the Fiscal Year 2022-23 Multi-Year Fund Budget to establish applicable revenue and expense budgets for the Catholic Charities Environmental Justice Program Agreement to be funded with the Affordable Housing and Sustainable Communities Grant (AHSC) 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: (Wright/Alvarez; 7/0) Resolution 2022-482 approving an Agreement with Catholic Charities Diocese of Stockton to provide the Environmental Justice Outreach component of the Affordable Housing and Sustainable Communities Grant application - 8 -
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in an amount not to exceed $175,000 for the next three years for Archway Commons Phase II and authorizing the City Manager or designee to execute the Agreements.
ACTION: (Wright/Alvarez; 7/0) Resolution 2022-483 amending the Fiscal Year 2022-23 Multi-Year Fund Budget to establish applicable revenue and expense budgets for the Catholic Charities Environmental Justice Program Agreement to be funded with the Affordable Housing and Sustainable Communities Grant (AHSC) and authorizing the City Manager or his designee, to take the necessary steps to implement the provisions of this resolution.
Consent
12. Consider approving a No-Cost Third Amendment to extend the term of Agreement to June 30, 2023, for the Construction Zone Enhanced Enforcement Program (COZEEP) Agreement No. 19R465000 with the State of California, Department of Highway Patrol for the State Route 132 West Freeway/Expressway Phase 1 Project. (Funding Source:
Not Applicable)
Resolution approving a No-Cost Third Amendment to extend the completion date to June 30, 2023, for the Construction Zone Enhanced Enforcement Program (COZEEP) Agreement No. 19R465000 with the State of California, Department of Highway Patrol for the State Route 132 West Freeway/Expressway Phase 1 Project, and authorizing the City Manager, or his designee, to execute the Third Amendment.
CED; John Rawles, 209-577-5253, [email protected]
ACTION: (Wright/Alvarez; 7/0) Resolution 2022-484 approving a No-Cost Third Amendment to extend the completion date to June 30, 2023, for the Construction Zone Enhanced Enforcement Program (COZEEP) Agreement No. 19R465000 with the State of California, Department of Highway Patrol for the State Route 132 West Freeway/Expressway Phase 1 Project, and authorizing the City Manager, or his designee, to execute the Third Amendment.
Consent
13. Consider approving an Outside Service Agreement for Water Service for property located at 4524 Tully Road in Modesto (APN: 046-012-005). (Funding Source: Water Fund)
Resolution approving an Outside Service Agreement with Pastor Of Holy Family Church, a California Corporation to connect to the City of Modesto’s existing water system for the property located at 4524 Tully Road in Modesto (APN: 046-012-005), and authorizing the City Manager, or his designee, to execute the Outside Service Agreement.
CED; Toby Wells, 209-571-5542, [email protected]
ACTION: (Wright/Alvarez; 7/0) Resolution 2022-485 approving an Outside Service Agreement with Pastor Of Holy Family Church, a California Corporation to connect to the City of Modesto’s existing water system for the property located at 4524 Tully - 9 -
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Road in Modesto (APN: 046-012-005), and authorizing the City Manager, or his designee, to execute the Outside Service Agreement.
Consent
14. Consider accepting an informational report for the October 2022 Accounts Payable Payment Register and Void Report. (Funding Source: Not Applicable) Motion accepting an informational report for the October 2022 Accounts Payable Payment Register and Void Report.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Wright/Alvarez; 7/0) Motion accepting an informational report for the October 2022 Accounts Payable Payment Register and Void Report.
Consent
15. Consider accepting the Monthly Investment Report for August 2022. (Funding Source:
Various Funds)
Motion accepting the Monthly Investment Report for August 2022.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
ACTION: (Wright/Alvarez; 7/0) Motion accepting the Monthly Investment Report for August 2022.
Consent
16. Consider approving a two-year Retail and Legal Advertising Contract with the McClatchy Company LLC dba Modesto Bee in the amount not to exceed $125,000. (Funding Source: General Fund, Solid Waste Fund, Water Fund, Wastewater Fund, Community Facility District Funds, Landscaping Districts, and Housing Urban Development Funds)
Resolution approving a two-year Retail and Legal Advertising Contract with the McClatchy Company LLC dba Modesto Bee in the amount not to exceed $125,000; and authorizing the City Manager or his designee to execute the Agreement.
FINANCE DEPARTMENT; Cynthia Kline, 209-577-5412, [email protected] ACTION: (Wright/Alvarez; 7/0) Resolution 2022-486 approving a two-year Retail and Legal Advertising Contract with the McClatchy Company LLC dba Modesto Bee in the amount not to exceed $125,000; and authorizing the City Manager or his designee to execute the Agreement.
Consent
17. Consider approving the purchase of two Aerial Trucks from Terex Utilities Inc., Watertown, SD for a total amount not to exceed $751,900 (Funding Source: Fleet Replacement Fund)
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Resolution approving the Competitive Bidding Process from Sourcewell with Terex Utilities Inc., Watertown, SD for two Aerial Trucks for a total amount not to exceed $751,900; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any Change Orders not to exceed 15% of the total purchase price.
FINANCE DEPARTMENT; Cynthia Kline, 209-577-5412, [email protected] ACTION: (Wright/Alvarez; 7/0) Resolution 2022-487 approving the Competitive Bidding Process from Sourcewell with Terex Utilities Inc., Watertown, SD for two Aerial Trucks for a total amount not to exceed $751,900; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any Change Orders not to exceed 15% of the total purchase price.
Consent
18. Consider approving an Agreement with RTI International for Evaluation Services for the Board of State and Community Corrections California Violence Intervention and Prevention Grant Program in an amount not to exceed $154,955 over three years. (Funding Source: Police Grants)
Resolution approving an Agreement with RTI International for Evaluation Services for the Board of State and Community Corrections California Violence Intervention and Prevention Grant Program in an amount not to exceed $154,955 over three years; and authorizing the City Manager, or his designee, to execute the Agreement.
POLICE DEPARTMENT; Jessica Smart, 209-572-9500, [email protected] ACTION: (Wright/Alvarez; 7/0) Resolution 2022-488 approving an Agreement with RTI International for Evaluation Services for the Board of State and Community Corrections California Violence Intervention and Prevention Grant Program in an amount not to exceed $154,955 over three years; and authorizing the City Manager, or his designee, to execute the Agreement.
Consent
19. Consider approving a Pre-Qualified Hydrogeological Services Consultant List; and two On-Call Hydrogeological Services Agreements in a combined total amount not to exceed $450,000 over a three-year period. (Funding Source: Various Capital Improvement Program Projects)
Resolution approving an On-Call Agreement for Hydrogeological Services with Luhdorff & Scalmanini, Consulting Engineers, Woodland, CA, for one year, with two one-year extension options, for an annual amount not to exceed $75,000, and a total amount not to exceed $225,000 over three years, and authorizing the City Manager, or his designee to execute the Agreement. Resolution approving an On-Call Agreement for Hydrogeological Services with West Yost Associates, Davis, CA, for one year, with two one-year extension options, for an annual amount not to exceed $75,000, and a total amount not to - 11 -
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exceed $225,000 over three years, and authorizing the City Manager, or his designee to execute the Agreement.
Resolution approving a Prequalified Consultant List for Hydrogeological Services, for various Capital Improvement Program Projects for a period of one year, with the option of two additional one-year extensions at the written approval of the Utilities Department Director.
UTILITIES; Robert Davalos, 209-571-5869, [email protected] ACTION: (Wright/Alvarez; 7/0) Resolution 2022-489 approving an On-Call Agreement for Hydrogeological Services with Luhdorff & Scalmanini, Consulting Engineers, Woodland, CA, for one year, with two one-year extension options, for an annual amount not to exceed $75,000, and a total amount not to exceed $225,000 over three years, and authorizing the City Manager, or his designee to execute the Agreement.
ACTION: (Wright/Alvarez; 7/0) Resolution 2022-490 approving an On-Call Agreement for Hydrogeological Services with West Yost Associates, Davis, CA, for one year, with two one-year extension options, for an annual amount not to exceed $75,000, and a total amount not to exceed $225,000 over three years, and authorizing the City Manager, or his designee to execute the Agreement.
ACTION: (Wright/Alvarez; 7/0) Resolution 2022-491 approving an On-Call Agreement for Hydrogeological Services with West Yost Associates, Davis, CA, for one year, with two one-year extension options, for an annual amount not to exceed $75,000, and a total amount not to exceed $225,000 over three years, and authorizing the City Manager, or his designee to execute the Agreement.
Consent
20. Consider approving an Agreement with West Monroe, Inc., Los Angeles, CA, for Consulting Services for the Advanced Metering Infrastructure (AMI) Project in an amount not to exceed $484,275. (Funding Source: Water Fund) Resolution approving an Agreement with West Monroe, Inc., Los Angeles, CA, for Consulting Services for the Advanced Metering Infrastructure Project in the amount of $440,250, plus $44,025 in additional services, if needed, for a total amount not to exceed $484,275; 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 $535,000 to be transferred into the project from Water Fund Reserves in order to fund the Advanced Metering Infrastructure Project.
UTILITIES; Robert Davalos, 209-571-5869, [email protected] ACTION: (Wright/Alvarez; 7/0) Resolution 2022-492 approving an Agreement with West Monroe, Inc., Los Angeles, CA, for Consulting Services for the Advanced Metering Infrastructure Project in the amount of $440,250, plus $44,025 in additional services, if needed, for a total amount not to exceed $484,275; and authorizing the City Manager, or his designee, to execute the Agreement.
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ACTION: (Wright/Alvarez; 7/0) Resolution 2022-493 amending the Fiscal Year 2022-23 Multi-Year Program budget in the amount of $535,000 to be transferred into the project from Water Fund Reserves in order to fund the Advanced Metering Infrastructure Project.
Consent
21. Consider approving an Agreement with Carollo Engineers, Inc., Walnut Creek, CA, for Engineering Services for the East Morris Sewer Replacement Project for a total amount not to exceed $1,980,000. (Funding Source: Wastewater Fund) Resolution approving an Agreement with Carollo Engineers, Inc., Walnut Creek, CA, for Engineering Services for the East Morris Sewer Replacement Project in the amount of $1,800,000, plus $180,000 in additional services, if needed, for a total amount not to exceed $1,980,000; and authorizing the City Manager, or his designee, to execute the Agreement.
UTILITIES; Cristian Ciotau, 209-577-5260, [email protected] ACTION: (Wright/Alvarez; 7/0) Resolution 2022-494 approving an Agreement with Carollo Engineers, Inc., Walnut Creek, CA, for Engineering Services for the East Morris Sewer Replacement Project in the amount of $1,800,000, plus $180,000 in additional services, if needed, for a total amount not to exceed $1,980,000; and authorizing the City Manager, or his designee, to execute the Agreement.
Consent
22. Consider approving the plans and specifications for the Jennings Command Center and Hahn Liftstation Restroom Project, accepting the bid, and awarding a contract to Harris Builders Inc, of Hilmar, CA, for a total amount not to exceed $623,619. (Funding Source: Wastewater Fund)
Resolution approving Plans and Specifications for the Jennings Command Center and Hahn Liftstation Restroom Project, accepting the bid, and approving a Construction Contract with Harris Builders Inc, of Hilmar, CA, in the amount of $542,277 plus $81,342 for contingency (if needed) for a total amount not to exceed $623,619 and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution authorizing an increase in the Director’s authority to issue Change Orders for the Jennings Command Center and Hahn Liftstation Restroom Project from 10% ($54,228) to 15% ($81,342) of the construction contract price of $542,277 with Harris Builders Inc, of Hilmar, CA.
Resolution amending the Fiscal Year 2022-2023 Capital Improvement Program Budget in the amount of $841,619 to be transferred into the project from Wastewater Reserves to fully fund the construction, contingency, construction administration and design support during construction for the Jennings Command Center and Hahn Liftstation Restroom Project and authorizing the City Manager, or his designee, to implement the provisions of this Resolution.
UTILITIES; Cristian Ciotau, 209-577-5260, [email protected] - 13 -
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ACTION: (Wright/Alvarez; 7/0) Resolution 2022-495 approving Plans and Specifications for the Jennings Command Center and Hahn Liftstation Restroom Project, accepting the bid, and approving a Construction Contract with Harris Builders Inc, of Hilmar, CA, in the amount of $542,277 plus $81,342 for contingency (if needed) for a total amount not to exceed $623,619 and authorizing the City Manager, or his designee, to execute the Agreement.
ACTION: (Wright/Alvarez; 7/0) Resolution 2022-496 authorizing an increase in the Director’s authority to issue Change Orders for the Jennings Command Center and Hahn Liftstation Restroom Project from 10% ($54,228) to 15% ($81,342) of the construction contract price of $542,277 with Harris Builders Inc, of Hilmar, CA.
ACTION: (Wright/Alvarez; 7/0) Resolution 2022-497 amending the Fiscal Year 2022-2023 Capital Improvement Program Budget in the amount of $841,619 to be transferred into the project from Wastewater Reserves to fully fund the construction, contingency, construction administration and design support during construction for the Jennings Command Center and Hahn Liftstation Restroom Project and authorizing the City Manager, or his designee, to implement the provisions of this Resolution.
COUNCIL COMMENTS & REPORTS
Councilmember Williams congratulated Mr. Bland, a good friend of his, whose son plays for the Dallas Cowboys representing the City of Modesto.
Councilmember Ricky spoke about the homeless situation in Modesto. He further commented about safe camping that will provide the homeless a place to go and a place to stay dry.
Homelessness is a crisis and they need to start this immediately. It’s been almost a year since they approved safe parking and they’re still trying to get that going. He further reported on the cruising ban and stated it's time that they lift this ban. He requested staff gather stats on how lifting the ban has impacted other cities in terms of TOT, taxes, and police services. He also reported that he had a good conversation with the Modesto Library this week, about the idea of expanding their library services. In other cities and around the country you can check out things from the library like tools, sewing machines, cameras, musical instruments just like a book. He thinks in a city like Modesto, expanding the library in that way, would be really helpful to people.
Councilmember Alvarez highlighted the great turnout at the Central Valley Hispanic Chamber of Commerce, second annual Christmas Festival and special gift giveaway for kids hosted at the Modesto Gospel Mission. He further acknowledged the Central Valley Hispanic Chamber of Commerce, El Concilio, the Modesto Gospel Mission and Univision for their sponsorship and service to the community. There were over 20 organizations present with free resources for Modesto families and one thousand toys. He further commented on cruising and echoes the sentiments of Councilmember Ricci on recommending that staff run a comparative analysis to find out what in fact works. He’s looking forward to continued conversations with the car community and Council colleagues on how to bring back cruising in a safe and responsible way for all families to enjoy.
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Councilmember Escutia-Braaton commented that she serves as the chairperson of the Appointments Committee. She spoke about the role of the Appointments Committee. The City has over 35 citizen advisory groups and these groups span different subjects. Members to these boards, commissions and committees are appointed by the Appointments Committee. She spoke about how citizens can get involved and serve on the advisory groups. Citizens interested in serving can go to Modestogov.com to see a list of vacancies and apply. She encouraged everyone to be part of this process. She further reported that like her colleagues, she appreciates the respectful conversations and dialogue had with the cruising community. Conversations have been ongoing regarding the subject of lifting the ban. She looks forward to this conversation continuing and in the very near future, bring it on an agenda so that they can decide whether this is a good fit for Modesto at this time. In addition, she wished everyone, a very Merry Christmas, and a safe, and prosperous New Year.
Mayor Zwahlen reported that she was honored to participate last weekend at the Central West Ballet’s Nutcracker opening night as the Fairy Godmother. The City is fortunate to have a symphony and the arts, ballet, opera and many other groups, that perform and enrich the City’s culture. At the same time, she feels remiss if she did not acknowledge the pain that some people in the community are feeling at this time. She recognizes it and feels it.
CITY MANAGER COMMENTS & REPORTS
None.
UNFINISHED BUSINESS
23. Consider an Ordinance establishing the City of Modesto Community Police Review Board (CPRB), approving the associated Bylaws, and approving the proposed Scope of Work to retain services for an Independent Police Auditor (IPA) through a Request for Proposal (RFP) process. (Funding Source: Not Applicable) Motion introducing and waiving the first reading of an Ordinance adding Section 2-3.908, “Community Police Review Board,” to Chapter 3, “Administrative Departments,” of Title 2, “Administration,” of the Modesto Municipal Code to establish The City Of Modesto Community Police Review Board (CPRB).
Resolution approving Community Police Review Board Bylaws. Resolution approving the proposed Scope of Work for Independent Police Auditor Services.
CITY MANAGER; Allison Van Guilder, 209-577-5228, [email protected] ACTION: (Wright/Williams; 7/0) Motion introducing and waiving the first reading of an Ordinance 3753-C.S. adding Section 2-3.908, “Community Police Review Board,” to Chapter 3, “Administrative Departments,” of Title 2, “Administration,” of the Modesto Municipal Code to establish The City Of Modesto Community Police Review Board (CPRB).
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ACTION: (Ricci/Alvarez; 7/0) Resolution 2022-498 approving Community Police Review Board Bylaws.
ACTION: (Williams/Bavaro; 7/0) Resolution 2022-499 approving the proposed Scope of Work for Independent Police Auditor Services.
HEARINGS
Published in the Modesto Bee on December 2, 2022.
24. Hearing to consider accepting the Capital Facilities Fees Annual Report for Fiscal Year 2021-22 and making findings related to each of the fee categories. (Funding Source:
Capital Facilities Fees)
Resolution accepting the Capital Facilities Fees Annual Report for Fiscal Year 2021-22 and making findings related to each of the fee categories.
CED; Jessica Hill, 209-577-5321, [email protected]
ACTION: (Wright/Ecutia-Braaton; 7/0) Resolution 2022-500 accepting the Capital Facilities Fees Annual Report for Fiscal Year 2021-22 and making findings related to each of the fee categories.
Published in the Modesto Bee on December 2, 2022.
25. Hearing to consider accepting the Fiscal Year 2021-22 Annual Report of Funds Held for Future Improvements and making findings related to each security on file. (Funding Source: Developer Deposits)
Resolution accepting the Fiscal Year 2021-22 Annual Report of Funds Held for Future Improvements and making findings related to each security on file.
CED; Jessica Hill, 209-577-5321, [email protected]
ACTION: (Williams/Zwahlen; 7/0) Resolution 2022-501 accepting the Fiscal Year 2021-22 Annual Report of Funds Held for Future Improvements and making findings related to each security on file.
MATTERS TOO LATE FOR THE AGENDA
None.
ADJOURNMENT
This meeting adjourned at 9:23 pm
- 16 -
12/13/2022 5:30:00 PM
Closed Session matters heard before the meeting
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: City of Modesto, et al. v. The Dow Chemical Company, et al. (PCE) Superior Court of the State of California
Case No: CGC-98-999345 and CGC-98-999643
Attest:____________________________
Diane Nayares-Perez, City Clerk