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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, January 10, 2023 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: John Torres, City Ministry Network
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 item.
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Poet Laureate Reading by Salvatore Salerno (Funding Source: Not Applicable) PRN; Laurie Smith, 209-577-5347, [email protected]
ACTION: None.
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2. Presentation of Certificate of Recognition to the Modesto City Marching Brigade for selection to participate in the National 4th of July Parade in Washington, D.C. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]
ACTION: Mayor Zwahlen presented Certificate of Recognition to the Modesto City Marching Brigade
MISCELLANEOUS
3. Consider approving appointments to fill two City of Modesto vacancies on the Equity Commission for a four-year term. (Funding Source: Not Applicable) Staff Recommendation:
Resolution approving the appointments of Austin Grant and Joel Campos to the Equity Commission with a term expiration of January 1, 2027.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2023-001 approving the appointments of Austin Grant and Joel Campos to the Equity Commission with a term expiration of January 1, 2027.
4. Consider reappointing Chris Guptill to the Tuolumne River Regional Park Citizens Advisory Committee (TRRP CAC) through December 31, 2026. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution reappointing Chris Guptill to the Tuolumne River Regional Park Citizens Advisory Committee (TRRP CAC) through December 31, 2026.
PRN; Nathan Houx, 209-571-5526, [email protected]
ACTION: (Bavaro/Wright; 7/0) Resolution 2023-002 reappointing Chris Guptill to the Tuolumne River Regional Park Citizens Advisory Committee (TRRP CAC) through December 31, 2026.
PUBLIC COMMENT PERIOD
Ana Andrade, from the Housing Committee of the NAACP also known as the Community Workforce Housing read comments from community members regarding the need of affordable housing, and better housing conditions. Teresa Clutter spoke about the shooting of her son-in-law, Paul Chavez, Jr., and Forward Together.
Gary McGill spoke in support of lifting the ban on cruising. - 3 -
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Paul Soto commented about political and social economic conditions. Frank Johnson spoke in support of lifting the ban on cruising, and asked Council to place the item on the agenda.
Richard Anderson spoke about recent posts on the Next Door app regarding the new recycling system. He suggested educational videos regarding the blue and green receptacles.
Johnny Garcia, CEO of the Central Valley Hispanic Chamber of Commerce spoke in support of lifting the ban on cruising. He asked Council to place an item on the agenda to repeal the ban on cruising.
Flavio from the Sacramento Low Rider Commission spoke in support of lifting the ban on cruising. He asked that an item be placed on the agenda to discuss lifting the ban on cruising.
Aaron Anguiano, Latino Community Roadtable asked that an item be placed on the agenda to lift the ban on cruising.
Lorraine from the California Low Rider Alliance spoke in support of lifting the ban on cruising.
Debbie Martinez spoke in support of lifting the ban on cruising. She asked Council make a decision this evening.
Patrick Thomas spoke about Paul Chavez, Jr.
Chris Murphy spoke in support of lifting the ban on cruising. A citizen commented about the Council rules posted on the City website regarding public comment period. He also spoke about the shooting of Paul Chavez, Jr. Glenn Harris, teacher at Gregori Highschool spoke about the importance of bringing back the cultural experience of the cruise. He spoke in support of lifting the ban on cruising. Brittony Estrella Chavez commented on the death of her husband Paul Davis Chavez, Jr.
She spoke about Council representation, Officer Sam Muncy and holding the City accountable. She further spoke about reform and change and moving forward together. - 4 -
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Jose Porras commented about the blue recycling receptacle. He stated that the blue recycling receptacle should be picked up once a month, and the green can more often. Dave Stein spoke in support of lifting the ban on cruising. Christina Romero, Los Angeles Low Rider Alliance spoke in support of lifting the ban on cruising.
Vanessa Alfaro spoke in support of lifting the ban on cruising and adding an item on the agenda to lift the ban.
Angela Romero spoke in support of lifting the ban on cruising. Kaleb Isley spoke in support of lifting the ban on cruising. David Polanco from the San Jose Low Rider Alliance spoke in support of lifting the ban on cruising.
Sebastian Jones spoke in support of lifting the ban on cruising and adding an item on the agenda to lift the ban on cruising.
Ramon Rodriguez spoke about lifting the ban on cruising and also side shows and car crashes. He also spoke about Officers Muncy and Espinoza. Maggie Mejia, Modesto Cruisers Council spoke in support of lifting the ban on cruising. Mike Casucci spoke in support of lifting the ban on cruising. Jeneva Naive spoke in support of lifting the ban on cruising. Speedy Naive spoke in support of lifting the ban on cruising. Ron DeLoach, Chairman of West Modesto People of Action thanked Councilmember Wright for coming to their meeting to speak to residents about affordable housing. More housing is needed in West Modesto.
Jessica Naive spoke in support of lifting the ban on cruising, The lowrider community supported them and held a fundraiser for her daughter. She asked that the ban on the cruising be repealed.
Manuel Naive, Jr. spoke in support of lifting the ban on cruising. He spoke about his hard lift and how cruising changed his life.
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Jimi Pernetti spoke in support of lifting the ban on cruising. Emerson Drake stated he wanted to pull consent item number 7. Paul Hessler spoke in support of lifting the ban on cruising. He commented on the toy drives and fundraising events they have held to support members of the community. Tony Lopez spoke in support of lifting the ban on cruising and also spoke about the blue can receptacle and asked how often will it be picked-up.
Recessed: 7:42 pm
Reconvened: 7:50 pm
Anna commented on the shooting of Paul Chavez, Jr. and commented on Officer Muncy.
She further spoke about accountability.
CONSENT
ACTION CONSENT ITEMS 5-27: (Williams/Wright; 7/0)
Consent
5. Consider approving the minutes from the December 13, 2022 Council Meeting. (Funding Source: Not Applicable)
Motion approving the minutes from the December 13, 2022 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Williams/Wright; 7/0) Motion approving the minutes from the December 13, 2022 Council Meeting.
Consent
6. Consider approving final adoption of 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). (Funding Source: Not Applicable) Motion approving final adoption of 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).
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Williams/Wright; 7/0) Motion approving final adoption of 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). - 6 -
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Consent – Removed from Consent
7. Consider approving a resolution continuing to authorize remote teleconference meetings pursuant to Assembly Bill 361. (Funding Source: Not Applicable) Resolution continuing to authorize remote teleconference meetings of the City of Modesto pursuant to Assembly Bill 361.
CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected] ACTION: (Wright//Ricci; 7/0) Resolution 2023-003 continuing to authorize remote teleconference meetings of the City of Modesto pursuant to Assembly Bill 361.
Consent
8. Consider approving a Second Amendment to the Legal Services Agreement with Meyers Nave to add specialty legal services rates. (Funding Source: Various Funds) Resolution approving a Second Amendment to the Legal Services Agreement with Meyers Nave to add specialty legal services rates and authorizing the City Manager, or his designee, to execute the Amendment.
CITY MANAGER; Joseph Lopez, 209-577-5223, [email protected] ACTION: (Williams/Wright; 7/0) Resolution 2023-004 approving a Second Amendment to the Legal Services Agreement with Meyers Nave to add specialty legal services rates and authorizing the City Manager, or his designee, to execute the Amendment.
Consent
9. Consider approving the recommended Budget adjustments to Fiscal Year 2022-23 Annual Operating and Capital Improvement Program Budgets. (Funding Source:
Various Funds)
Resolution amending Fiscal Year 2022-23 Annual Operating and Capital Improvement Project Fund Budgets and authorizing the City Manager, to make the necessary steps to implement the provisions of this Resolution.
BUDGET; Steve Christensen, 209-577-5390, [email protected] ACTION: (Williams/Wright; 7/0) Resolution 2023-005 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
10. Consider approving a Will Serve Letter and an Outside Service Agreement for water connection for the property located a 323 Bothun Road in unincorporated Stanislaus County just outside of the city limits of Turlock (APN: 043-029-001) adjacent to the former Del Este water service area now owned by the City of Modesto. (Funding Source: Water Fund)
Resolution approving a Will Serve Letter and an Outside Service Agreement for water connection for the property located a 323 Bothun Road in unincorporated Stanislaus County just outside of the city limits of Turlock - 7 -
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(APN: 043-029-001) adjacent to the former Del Este water service area now owned by the City of Modesto.
CED; Toby Wells, 209-571-5542, [email protected]
ACTION: (Williams/Wright; 7/0) Resolution 2023-006 approving a Will Serve Letter and an Outside Service Agreement for water connection for the property located a 323 Bothun Road in unincorporated Stanislaus County just outside of the city limits of Turlock (APN: 043-029-001) adjacent to the former Del Este water service area now owned by the City of Modesto.
Consent
11. Consider approving an Agreement with PlaceWorks (Berkeley, California) for the Development of the Southwest Modesto Plan, in an amount not to exceed $216,000. (Funding Source: Local Early Action Planning (LEAP) Grant) Resolution approving an Agreement with PlaceWorks (Berkeley, California) for the Development of the Southwest Modesto Plan, in an amount not to exceed $216,000 and authorizing the City Manager, or his designee, to execute the Agreement.
CED; Jessica Hill, 209-577-5211, [email protected]
ACTION: (Williams/Wright; 7/0) Resolution 2023-007 approving an Agreement with PlaceWorks (Berkeley, California) for the Development of the Southwest Modesto Plan, in an amount not to exceed $216,000 and authorizing the City Manager, or his designee, to execute the Agreement.
Consent
12. Consider approving a First Amendment to the Agreement with Housing Tools LLC. (Housing Tools) for Consultant Services related to Grant Assistance, Labor Compliance and Regulatory Contract Monitoring for a revised Agreement total amount not to exceed $195,000. (Funding Source: Community Development Block Grant Funds and Permanent Local Housing Allocation Grant Funds) Resolution approving a First Amendment to the Agreement with Housing Tools LLC. (Housing Tools) for Consultant Services related to Grant Assistance, Labor Compliance and Regulatory Contract Monitoring increasing the amount by $150,000 from $45,000 for a total amount not to exceed $195,000 and authorizing the City Manager, or his designee, to execute this Amendment.
CED; Jessica Hill, 209-577-5321, [email protected]
ACTION: (Williams/Wright; 7/0) Resolution 2023-008 approving a First Amendment to the Agreement with Housing Tools LLC. (Housing Tools) for Consultant Services related to Grant Assistance, Labor Compliance and Regulatory Contract Monitoring increasing the amount by $150,000 from $45,000 for a total amount not to exceed $195,000 and authorizing the City Manager, or his designee, to execute this Amendment.
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Consent
13. Consider approving a Community Development Block Grant CARES Act (CDBG-CV) Grant to Stanislaus County Affordable Housing Corporation (STANCO), in an amount not to exceed $450,428 and $25,000 in activity delivery costs for a grand total of $475,428 for the acquisition and rehabilitation of the property located at 319 Laurel Street, Modesto, CA. (Funding Source: Community Development Block Grant Funds Cares Act)
Resolution approving a Community Development Block Grant CARES Act (CDBG-CV) Grant to Stanislaus County Affordable Housing Corporation (STANCO), in an amount not to exceed $450,428 and $25,000 in activity delivery costs for a grand total of $475,428 for the acquisition and rehabilitation of the property located at 319 Laurel Street, Modesto and authorizing the City Manager or designee to execute the Agreements.
CED; Jessica Hill, 209-577-5211, [email protected]
ACTION: (Williams/Wright; 7/0) Resolution 2023-009 approving a Community Development Block Grant CARES Act (CDBG-CV) Grant to Stanislaus County Affordable Housing Corporation (STANCO), in an amount not to exceed $450,428 and $25,000 in activity delivery costs for a grand total of $475,428 for the acquisition and rehabilitation of the property located at 319 Laurel Street, Modesto and authorizing the City Manager or designee to execute the Agreements.
Consent
14. Consider adopting Building, Plumbing, Electrical, and Mechanical Ordinances by reference of the 2022 California Building Codes and consider amending various sections of Chapters 1, 2, 3, 7, and 11 of Title 9 of the Modesto Municipal Code. (Funding Source: General Fund/ Building Permit Fees)
Motion introducing and waiving the first reading of an Ordinance amending Articles 1, 2, and 16 of Chapter 1 of Title 9 of the Modesto Municipal Code relating to building regulations to adopt by reference, California Code of Regulations, Title 24 Part 2, Volumes 1 & 2.
Motion introducing and waiving the first reading of an Ordinance amending Chapter 3, Electrical Code of Title 9 of the Modesto Municipal Code relating to building regulations to adopt by reference, California Code of Regulations, Title 24 Part 3 “Electrical Code”.
Motion introducing and waiving the first reading of an Ordinance adopting by reference, the Existing Building Code contained within the 2022 California Building Standards Code and amending Articles 1 and 2 of Chapter 11 of Title 9 of the Modesto Municipal Code.
Motion introducing and waiving the first reading of an Ordinance amending Chapter 7, “Mechanical Code” of Title 9 of the Modesto Municipal Code relating to building regulations to adopt by reference, California Code of Regulations, Title 24, Part 4 “Mechanical Code”.
Motion introducing and waiving the first reading of an Ordinance adopting by reference the Plumbing Code contained within the 2022 California Building Standards Code and amending Articles 1 and 2 of Chapter 2 of Title 9 of the - 9 -
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Modesto Municipal Code.
CED; Oscar Diaz, 209-571-5885, [email protected]
ACTION: (Williams/Wright; 7/0) Motion introducing and waiving the first reading of Ordinance 3754-C.S. amending Articles 1, 2, and 16 of Chapter 1 of Title 9 of the Modesto Municipal Code relating to building regulations to adopt by reference, California Code of Regulations, Title 24 Part 2, Volumes 1 & 2.
ACTION: (Williams/Wright; 7/0) Motion introducing and waiving the first reading of Ordinance 3755-C.S. amending Chapter 3, Electrical Code of Title 9 of the Modesto Municipal Code relating to building regulations to adopt by reference, California Code of Regulations, Title 24 Part 3 “Electrical Code”.
ACTION: (Williams/Wright; 7/0) Motion introducing and waiving the first reading of Ordinance 3756-C.S. adopting by reference, the Existing Building Code contained within the 2022 California Building Standards Code and amending Articles 1 and 2 of Chapter 11 of Title 9 of the Modesto Municipal Code.
ACTION: (Williams/Wright; 7/0) Motion introducing and waiving the first reading of Ordinance 3757-C.S. amending Chapter 7, “Mechanical Code” of Title 9 of the Modesto Municipal Code relating to building regulations to adopt by reference, California Code of Regulations, Title 24, Part 4 “Mechanical Code”.
ACTION: (Williams/Wright; 7/0) Motion introducing and waiving the first reading of Ordinance 3758-C.S. adopting by reference the Plumbing Code contained within the 2022 California Building Standards Code and amending Articles 1 and 2 of Chapter 2 of Title 9 of the Modesto Municipal Code.
Consent
15. Consider approving an Agreement with Neil Sullivan LLC, Concord, California, for Executive Team and Management Engagement Services for a three-year period for an amount not to exceed $150,000. (Funding Source: Various Funds) Resolution approving an Agreement with Neil Sullivan LLC, Concord, California, for Executive Team and Management Engagement Services for a three-year period for an amount not to exceed $150,000; and authorizing the City Manager or his designee to execute the Agreement.
FINANCE DEPARTMENT; Cynthia Kline, 209-577-5412, [email protected] ACTION: (Williams/Wright; 7/0) Resolution 2023-010 approving an Agreement with Neil Sullivan LLC, Concord, California, for Executive Team and Management Engagement Services for a three-year period for an amount not to exceed $150,000; and authorizing the City Manager or his designee to execute the Agreement.
Consent
16. Consider approving the Purchase for Various Fleet Addition and Replacement Vehicles which includes one Compact Sweeper, three One-Ton Truck Turner Valve, and two - 10 -
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Vacuum 3 Axle Trucks in the amount not to exceed $2,352,973. (Funding Source:
Surface Transportation Fund and Fleet Replacement Fund) Resolution approving the Competitive Bidding Process from Sourcewell with Municipal Maintenance Equipment, Sacramento, CA for one Ravo 5-iSeries Compact Sweeper for an amount not to exceed $336,152; 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.
Resolution approving the Competitive Bidding Process from Sourcewell with 72 Hour LLC doing business as (dba) National Auto Fleet Group, Watsonville, CA to purchase three One-Ton Truck Turner Valve for an amount not to exceed $720,372; 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. Resolution approving the Competitive Bidding Process from Sourcewell with Municipal Maintenance Equipment, Sacramento, CA to purchase two Vacuum 3 Axle Trucks for an amount not to exceed $1,296,449; 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: (Williams/Wright; 7/0) Resolution 2023-011 approving the Competitive Bidding Process from Sourcewell with Municipal Maintenance Equipment, Sacramento, CA for one Ravo 5-iSeries Compact Sweeper for an amount not to exceed $336,152; 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.
ACTION: (Williams/Wright; 7/0) Resolution 2023-012 approving the Competitive Bidding Process from Sourcewell with 72 Hour LLC doing business as (dba) National Auto Fleet Group, Watsonville, CA to purchase three One-Ton Truck Turner Valve for an amount not to exceed $720,372; 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.
ACTION: (Williams/Wright; 7/0) Resolution 2023-013 approving the Competitive Bidding Process from Sourcewell with Municipal Maintenance Equipment, Sacramento, CA to purchase two Vacuum 3 Axle Trucks for an amount not to exceed $1,296,449; 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
17. Consider approving the Purchase of a Grant Management Software Subscription with Carahsoft Technology Corporation, Reston, VA (dba) eCivis in the amount of - 11 -
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$295,685 over five years. (Funding Source: Information Technology Fund) Resolution approving the Purchase of a Grant Management Software Subscription with Carahsoft Technology Corporation, Reston, VA (dba) eCivis in the amount of $295,685 over five years; and authorizing the Purchasing Manager or her designee to issue the Purchase Order.
FINANCE DEPARTMENT; Cynthia Kline, 209-577-5412, [email protected] ACTION: (Williams/Wright; 7/0) Resolution 2023-014 approving the Purchase of a Grant Management Software Subscription with Carahsoft Technology Corporation, Reston, VA (dba) eCivis in the amount of $295,685 over five years; and authorizing the Purchasing Manager or her designee to issue the Purchase Order.
Consent
18. Consider accepting the Monthly Investment Report for September 2022. (Funding Source:
Various Funds)
Motion accepting the Monthly Investment Report for September 2022.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
ACTION: (Williams/Wright; 7/0) Motion accepting the Monthly Investment Report for September 2022.
Consent
19. Consider approving a First Amendment with ZOLL Data Systems, Inc. for Hosted Server Services for both ePCR and FireRMS Records Management and Reporting Software for Salida Fire Services and future fire contract services for a total revised amount not to exceed $272,296. (Funding Source: General Fund)
Resolution approving a First Amendment with ZOLL Data Systems, Inc. for Hosted Server Services for both ePCR and FireRMS Records Management and Reporting Software for Salida Fire Services and future fire contract services by increasing the amount by $33,424 for a total revised amount not to exceed $272,296 and authorizing the City Manager, or his designee to execute the Amendment.
FIRE DEPARTMENT; Alan Ernst, 209-572-9590, [email protected] ACTION: (Williams/Wright; 7/0) Resolution 2023-015 approving a First Amendment with ZOLL Data Systems, Inc. for Hosted Server Services for both ePCR and FireRMS Records Management and Reporting Software for Salida Fire Services and future fire contract services by increasing the amount by $33,424 for a total revised amount not to exceed $272,296 and authorizing the City Manager, or his designee to execute the Amendment.
Consent
20. Consider approving a Second Amendment to the Agreement with United Site Services, Inc. of Modesto, CA for Portable Toilet Rental Services for a revised total amount not to exceed $583,250 over the term of the Agreement for United Site Services and Sun - 12 -
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Valley Portable Restrooms, Inc., Turlock, CA. (Funding Source: Golf Fund) Resolution approving a Second Amendment to the Agreement with United Site Services, Inc. of Modesto, CA for Portable Toilet Rental Services for a revised total amount not to exceed $583,250 over the term of the Agreement for United Site Services and Sun Valley Portable Restrooms, Inc., Turlock, CA; and authorizing the City Manager, or his designee, to execute the Amendment.
PRN; Laurie Smith, 209-577-5347, [email protected]
ACTION: (Williams/Wright; 7/0) Resolution 2023-016 approving a Second Amendment to the Agreement with United Site Services, Inc. of Modesto, CA for Portable Toilet Rental Services for a revised total amount not to exceed $583,250 over the term of the Agreement for United Site Services and Sun Valley Portable Restrooms, Inc., Turlock, CA; and authorizing the City Manager, or his designee, to execute the Amendment.
Consent
21. Consider authorizing additional payment not to exceed $151,225 to Belfor Property Restoration, Modesto, CA for Emergency Work related to the American Legion Hall Fire Remediation. (Funding Source: TRRP JPA Insurance Proceeds) Resolution authorizing additional payment not to exceed $151,225 to Belfor Property Restoration, Modesto, CA for Emergency Work related to the American Legion Hall Fire Remediation and authorizing the Purchasing Manager, or her designee, to issue the payments.
PRN; Nathan Houx, 209-571-5526, [email protected]
ACTION: (Williams/Wright; 7/0) Resolution 2023-017 authorizing additional payment not to exceed $151,225 to Belfor Property Restoration, Modesto, CA for Emergency Work related to the American Legion Hall Fire Remediation and authorizing the Purchasing Manager, or her designee, to issue the payments.
Consent
22. Consider approving an Agreement with Mark Thomas & Company, Inc. to prepare construction documentation for the Tuolumne River Regional Park (TRRP) Riverwalk Trail - Gateway to Neece Project for a total amount not to exceed $289,583. (Funding Source: Parks Capital Facility Fee Fund, Recreational Trails and Greenways Grant Program – Proposition 68)
Resolution approving an Agreement with Mark Thomas & Company, Inc. to prepare construction documentation for the Tuolumne River Regional Park (TRRP) Riverwalk Trail - Gateway to Neece Project for an amount of $263,257, plus $26,326 for additional services, if needed, for an Agreement total not to exceed $289,583 and authorizing the City Manager, or his designee, to execute the Agreement.
PRN; Nathan Houx, 209-571-5526, [email protected]
ACTION: (Williams/Wright; 7/0) Resolution 2023-018 approving an Agreement with Mark Thomas & Company, Inc. to prepare construction documentation for the Tuolumne River Regional Park (TRRP) Riverwalk Trail - Gateway to Neece Project - 13 -
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for an amount of $263,257, plus $26,326 for additional services, if needed, for an Agreement total not to exceed $289,583 and authorizing the City Manager, or his designee, to execute the Agreement.
Consent
23. Consider authorizing the submittal of application(s) to the Environmental Protection Agency Consumer Recycling Education and Outreach Grant Program, and authorizing the City Manager or his designee to sign Grant Applications and related forms. (Funding Source: Not Applicable)
Resolution authorizing the submittal of application(s) to the Environmental Protection Agency Consumer Recycling Education and Outreach Grant Program, and authorizing the City Manager, or his designee, to sign Grant Applications and related forms.
PUBLIC WORKS; Rosene Salmo, 209-577-5453, [email protected] ACTION: (Williams/Wright; 7/0) Resolution 2023-019 authorizing the submittal of application(s) to the Environmental Protection Agency Consumer Recycling Education and Outreach Grant Program, and authorizing the City Manager, or his designee, to sign Grant Applications and related forms.
Consent
24. Consider approving the Award of Bid and Agreement for the Furnishing of Bio-Solids Removal and Land Application Services with Jim Brisco Enterprises, Inc., Atwater, CA, for a total amount not to exceed $810,891 over five years. (Funding Source: Sewer Operations Fund)
Resolution approving the Award of Bid and Agreement for the Furnishing of Bio-Solids Removal and Land Application Services to Jim Brisco Enterprises, Inc., Atwater, CA, for a two year Agreement with three one-year extension options, for an estimated annual amount of $145,500, and a total amount not to exceed $810,891 over five years; and authorizing the City Manager, or his designee, to execute the Agreement
UTILITIES; Jason Farnsworth, 209-577-6255, [email protected] ACTION: (Williams/Wright; 7/0) Resolution 2023-020 approving the Award of Bid and Agreement for the Furnishing of Bio-Solids Removal and Land Application Services to Jim Brisco Enterprises, Inc., Atwater, CA, for a two year Agreement with three one-year extension options, for an estimated annual amount of $145,500, and a total amount not to exceed $810,891 over five years; and authorizing the City Manager, or his designee, to execute the Agreement
Consent
25. Consider approving a Lease Agreement with the State of California, State Lands Commission, for a total amount not to exceed $32,000 over twenty years. (Funding Source: Sewer Operations Fund)
Resolution approving a Lease Agreement with the State of California, State Lands Commission, for the use of a 30-foot-wide strip of submerged land - 14 -
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situated in the bed of the Tuolumne River, Stanislaus County, State of California for an estimated amount of $12,000 and a total amount not to exceed $32,000 over twenty years and authorizing the City Manager, or his designee, to execute the Agreement.
UTILITIES; Jason Farnsworth, 209-577-6255, [email protected] ACTION: (Williams/Wright; 7/0) Resolution 2023-021 approving a Lease Agreement with the State of California, State Lands Commission, for the use of a 30- foot-wide strip of submerged land situated in the bed of the Tuolumne River, Stanislaus County, State of California for an estimated amount of $12,000 and a total amount not to exceed $32,000 over twenty years and authorizing the City Manager, or his designee, to execute the Agreement.
Consent
26. Consider approving Agreements with Republic Services, Inc. dba Forward, Inc.
Landfill for the Non-Hazardous Waste Disposal of Wastewater Grit, Sewer Spoils, and Storm Spoils for a total amount not to exceed $404,910 over six years. (Funding Source: Sewer and Storm Drain Funds)
Resolution approving the Agreement(s) with Forward, Inc. for the Disposal of Non-Hazardous Sewer Grit, Sewer Spoils and Storm Spoils for a three year Agreement with one three-year extension option, for an annual estimated cost of $67,485, and a total not to exceed $404,910 over six years, and authorizing the City Manager, or his designee, to execute the Agreement.
UTILITIES; Jason Farnsworth, 209-577-6255, [email protected] ACTION: (Williams/Wright; 7/0) Resolution 2023-022 approving the Agreement(s) with Forward, Inc. for the Disposal of Non-Hazardous Sewer Grit, Sewer Spoils and Storm Spoils for a three year Agreement with one three-year extension option, for an annual estimated cost of $67,485, and a total not to exceed $404,910 over six years, and authorizing the City Manager, or his designee, to execute the Agreement.
Consent
27. Consider accepting the Rebid Sonoma Sanitary Sewer Trunk Extension Project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $2,230,697 to A. Teichert & Son, Inc., DBA Teichert Construction. (Funding Source: Wastewater Fund) Resolution accepting the Rebid Sonoma Sanitary Sewer Trunk Extension Project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $2,230,697 to A.
Teichert & Son, Inc. dba Teichert Construction, of Roseville, CA.
UTILITIES; Pete Kambel, 209-577-5444, [email protected] ACTION: (Williams/Wright; 7/0) Resolution 2023-023 accepting the Rebid Sonoma Sanitary Sewer Trunk Extension Project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $2,230,697 to A. Teichert & Son, Inc. dba Teichert Construction, of Roseville, CA. - 15 -
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COUNCIL COMMENTS & REPORTS
Vice Mayor Ricci commented that he appreciates all the Cruiser Council people for coming and speaking this evening about things they care about. That's the kind of spirit needed to improve the communities. He’s looking forward to staff bringing some options to overcome a ban that originates from a bygone era. He also recognized the Central Valley Incident Command Center that was set up to deal with this storm. It just shows how communities come together to solve emergencies. The work they did was incredibly impressive. The coordination with neighboring communities and the State was impressive. He also recognized City staff for coming through for the community and the results just speak for themselves.
Councilmember Bavaro reported that January 9th was National Law Enforcement Appreciation Day. It’s a day to be grateful and show appreciation and respect to all Modesto police officers who have dedicated their lives protecting our community and neighborhoods.
Councilmember Alvarez commended the car community for taking the time out of their evening to advocate on behalf of community culture. He believes that cruising is an expression of culture and that the cruising ban is an antiquated policy. However, he wants to highlight the importance of prioritizing traffic safety, and the safety of the community at large. He also reported that he sits on the Citizens Housing and Community Development Committee, along with Vice Mayor Ricci 11 other members from the community. The committee meets regularly on the second Thursday of each month at 12 p.m., at City Hall and is also accessible via Zoom. He invited anyone in District 2 or any resident who's dealing with substandard rental, housing or absentee landlords to get in contact with his office. He also highlighted the tireless work of the Modesto Fire Department and the Central Valley Incident Management Team for their proactive approach to this storm. He reported on all the calls the City staff received and responded to due to the storm.
Councilmember Williams stated that he absolutely agrees with everything his Council colleagues have said this evening. Particularly, Vice Mayor Ricci, and Councilmember Alvarez in their sentiments with the storm. He is thankful for all of the response teams, throughout the region that have come together that made the difference and helped save property and lives. In terms of cruising, he has two classic cars that he would like to cruise one of these days, but it's going to take a little time and he would hope that the car community would be a little patient with them. He also invited the public to attend the following upcoming events in honor of Martin Luther King. This Friday, Martin Luther King Kennedy Board of Directors Luncheon at the King-Kennedy Memorial Center at 11:30 a.m. On Martin Luther King Day, the Christian Love Baptist Church, is hosting the 33rd annual Martin Luther King commemoration, at 10:00 a.m.
In addition, a Martin Luther King, Jr. Unity March and Community Service event will be held and is hosted by the Silver Square Lodge #66 at the King Kennedy Center.
Councilmember Escutia-Braaton thanked everyone that came out for public comment. She knows it's not easy for the public to take time away from family and private time to attend.
That's really what it's about and they are here to listen. She loves the fact that Modesto's beautiful multi-cultural and Community Pride was very visible. She spoke about her childhood and her fond memories of cruising. She also thanked the many City employees who really went - 16 -
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above and beyond to help the collective Modesto community during the storm. She saw firsthand the crews that were out there in the massive rain dealing with those issues. The Incident Command Center that was referenced is fairly new to the City and it's a model that can be used for any crisis. Councilmember Escutia-Braaton also commented on the recycling program and advised the public to visit the City’s website to obtain information about the program. In addition, if members of the public have questions or comments, they can call the Solid Waste Customer Service number at 209-577-5494.
CITY MANAGER COMMENTS & REPORTS
City Manager Lopez reported that the City is currently accepting applications for the Community Police Review Board. Applications will be accepted through January 31st. He encourages anybody to visit the City’s website at Modestogov.com for additional information on the application process. In addition, he would like to note that in the next several days, the application period will open for the Measure H Oversight Committee, as well as, for the public positions for the Audit Committee with the voters passage of Measures G and H.
MATTERS TOO LATE FOR THE AGENDA
28. Consider ratifying the Proclamation of Existence of a Local Emergency in response to the severe storm event, dated January 9, 2023. (Funding Source: Not Applicable) CITY MANAGER; Joseph Lopez, 209-577-5223, [email protected] ACTION: (Wright/Williams; 7/0) Motion adding ratifying the Proclamation of Existence of a Local Emergency in response to the severe storm event, dated January 9, 2023 024 as a matter too late for the agenda.
ACTION: (Escutia-Braaton/Wright; 7/0) Resolution 2023-024 ratifying the Proclamation of Existence of a Local Emergency in response to the severe storm event, dated January 9, 2023
ADJOURNMENT
This meeting adjourned at 8:53 p.m.
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All Closed Session matters heard prior to meeting.
CLOSED SESSION
CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCEA Negotiator: Christina Alger
Employee Organization: Modesto City Employees Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCMA Negotiator: Christina Alger
Employee Organization: Modesto Confidential & Management Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MPOA Negotiator: Christina Alger
Employee Organization: Modesto Police Officers’ Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MPNSA Negotiator: Christina Alger
Employee Organization: Modesto Police Non-Sworn Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) –MPMA Negotiator: Christina Alger
Employee Organization: Modesto Police Management Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCFFA Negotiator: Christina Alger
Employee Organization: Modesto City Firefighters Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – Unrepresented Negotiator: Christina Alger
Employee Organization: Unrepresented Management and Confidential Employees Attest:____________________________
Diane Nayares-Perez, City Clerk