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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 24, 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: Anthony Bargas, The Center 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 item.
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Proclamation declaring February as National Black History Month. (Funding Source:
Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-559,
[email protected]
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ACTION: Mayor Zwahlen presented the Proclamation declaring February as National Black History Month to: Rose Mitchell, NAACP Executive Committee Member; John Ervin, lll, Sankofa Theatre Co.; Ruby Kennedy, King-Kennedy Senior’s Group; , Sterling Fountain, Board of Directors King Kennedy Center; Fallon, Ferris and Akia Walker, Stanislaus Youth Empowerment Program; Margie Lee, The Woman’s Auxiliary Ron DeLoach, Chairman West Modesto People of Action Coalition; and Pastor Darius Crosby, Modesto Police Clergy Council.
2. Proclamation declaring February as National Cancer Prevention Month (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]
ACTION: Mayor Zwahlen read the Proclamation declaring February as National Cancer Prevention Month into the record.
3. Presentation from the Municipal Information Systems Association of California (MISAC) to the City of Modesto for the MISAC Excellence Award for Best Practices in Information Technology. (Funding Source: Not Applicable) IT; Scott Conn, 209-577-5229, [email protected]
ACTION: Gaurav Garg, CIO for the City of Santa Clara and member of the State Board for the Municipal Information Systems Association of California presented the award to the City.
4. Presentation by StanCOG for Annual Unmet Transit Needs Process. (Funding Source:
Not Applicable)
CITY MANAGER; Joseph Lopez, 209-577-5223, [email protected] ACTION: Clarissa Hernlund, Senior Transit Planner at StanCOG presented the Annual Unmet Transit Needs Process.
MISCELLANEOUS
5. Consider reappointing Rhoda Yare and Sandra Wilson to the Housing Rehabilitation Loan Committee for a second term with a term expiration of December 31, 2026 (Funding Source: Not Applicable)
Staff Recommendation:
Resolution reappointing Rhoda Yare and Sandra Wilson to the Housing Rehabilitation Loan Committee for a second term with a term expiration of December 31, 2026.
CED; Jessica Hill, 209-577-5321, [email protected]
ACTION: (Wright/Williams; 7/0) Resolution 2023-025 reappointing Rhoda Yare and Sandra Wilson to the Housing Rehabilitation Loan Committee for a second term with a term expiration of December 31, 2026.
6. Consider appointing Esparza Vargas, Paul Adams, and Julie Betts-Albert to the - 3 -
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Modesto Downtown Improvement District Advisory Board for a four-year term from January 1, 2023 to December 31, 2026. (Funding Source: Not Applicable) Staff Recommendation:
Resolution appointing Esparza Vargas, Paul Adams, and Julie Betts-Albert to the Modesto Downtown Improvement District Advisory Board for a four-year term from January 1, 2023 to December 31, 2026.
PRN; Laurie Smith, 209-577-5347, [email protected]
ACTION: (Wright/Zwahlen; 7/0) Resolution 2023-026 appointing Esparza Vargas, Paul Adams, and Julie Betts-Albert to the Modesto Downtown Improvement District Advisory Board for a four-year term from January 1, 2023 to December 31, 2026.
7. Consider approving the appointments of Elena Martinez and Katherine Zagone to fill two Modesto Resident vacancies on the Culture Commission for a four-year term from January 1, 2023 through December 31, 2026. (Funding Source: Not Applicable) Staff Recommendation:
Resolution approving the appointments of Elena Martinez and Katherine Zagone to fill two Modesto Resident vacancies on the Culture Commission for a four-year term from January 1, 2023 through December 31, 2026.
PRN; Laurie Smith, 209-577-5347, [email protected]
ACTION: (Ricci/Williams; 7/0) Resolution 2023-027 approving the appointments of Elena Martinez and Katherine Zagone to fill two Modesto Resident vacancies on the Culture Commission for a four-year term from January 1, 2023 through December 31, 2026.
8. Consider approving the reappointment of Ricardo Semeria of the Modesto Golf Club and the appointments of Arnold Fidalgo of the SIRS Golf Club, and Jeffrey Lambaren, Member-At-Large, to the Golf Courses Advisory Committee for a four-year term from January 1, 2023 through December 31, 2026. (Funding Source: Not Applicable) Staff Recommendation:
Resolution approving the reappointment of Ricardo Semeria of the Modesto Golf Club and the appointments of Arnold Fidalgo of the SIRS Golf Club, and Jeffrey Lambaren, Member-At-Large, to the Golf Courses Advisory Committee for a four-year term from January 1, 2023 through December 31, 2026.
PRN; Laurie Smith, 209-577-5347, [email protected]
ACTION: (Williams/Alvarez; 7/0) Resolution 2023-028 approving the reappointment of Ricardo Semeria of the Modesto Golf Club and the appointments of Arnold Fidalgo of the SIRS Golf Club, and Jeffrey Lambaren, Member-At-Large, to the Golf Courses Advisory Committee for a four-year term from January 1, 2023 through December 31, 2026.
PUBLIC COMMENT PERIOD
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Jeana Woods stated she is a Marine Corps Veteran with a disabled son. She owns her home and is having an issue with a carport recently installed. It was professionally installed, and she was cited for it and is going through the appeal process. Jimmy Sharp spoke about City Municipal Code Section 10-4.106 Front and Streetside Setback. He commented that he is allowed to build a fence right on the property line. It’s next to the sidewalk and the carport is in his driveway, in line with the fence. He is now being told he must tear it down.
Alissa Hagar wished a happy Martin Luther King, Jr. week to everyone and thanked all of the fighters for freedom. She commented about the technology award the City received and also commented on the Modesto Police Department and the shooting of Paul Chavez, Jr and Trevor Seever.
Kim Millerdree spoke about the disability rights of Sebastian Jones. Ramon Rodriguez spoke about the Modesto Police Department and Officer Espinoza. Sharon Froba, Housing Chair for the NAACP spoke about housing needed and using the 54 acres on the municipal golf course for housing.
Latricia, a representative of Faith in the Valley spoke about the needs for housing and the use of the municipal golf course for housing. She asked Council consider a local housing committee, that would be comprised of renters and private housing, public housing, manufactured housing, and subsidized housing representatives who are in the community to work with city planners for affordable housing.
Sebastian Jones stated that he was the first minority on the Commission on Aging. He commented that he felt disrespected at a recent Martin Luther King, Jr. Event and that his disability rights were violated.
Theresa Clutter spoke about a city tree on her property. She has been calling about the tree since 2020 and it is hanging. She also spoke about the shooting of Paul Chavez, Jr. Karla Davies stated she is a resident and a proud daughter of undocumented Mexican farm workers, who are the real heroes in our community. She is here in the capacity as an activist in this community and also as a bridge between the monolingual non-Englishspeaking immigrant communities, and people of color living in the community, in the most poverty, stricken Modesto neighborhoods, which is the Airport neighborhood and South Modesto. She asked Council to address the inequalities in those neighborhoods. 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. - 5 -
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David Jameson, La Loma resident and business owner stated that he is a member of Councilmember Bavaro’s citizen's advisory committee. He provided a report on the primary issues of the committee. Those issues are public safety, homelessness, crimes, city infrastructure issues and quality of life. One immediate serious issue is the homeless issue.
Steven Allen spoke about public comment and the time allotted. He asked why it is not extended to five minutes. He also spoke in support of Sebastian Jones. Liz Garcia stated that she has known Sebastian Jones over 30 years. He helped with the Monterey Park Tract water issue. She spoke in support of Mr. Jones and thanked Councilmember Alvarez for standing up for Mr. Jones.
Sarah Johnson stated she is here on behalf of Sebastian Jones. He is her caregiver and has known him over 30 years. He's a giving person with a good heart. Kimberly Edward stated that she is here in support of Mr. Jones and all he has done for the community. She asked why he was treated unfairly.
Leslie West spoke about Sebastian Jones and what he has done for the community. Bob Holloway spoke in support of lifting the ban on cruising. He thanked the community leaders that spoke in support of lifting the ban. He and the Modesto Cruiser Council do not condone some actions and comments made at the last meeting by some members of the public. In addition, he wanted to personally thank Chief Gillespie who has helped them and given guidance.
Emerson Drake, commented on Sebastian Jones and a time Mr. Jones wanted to serve on a city committee. He also stated that he wanted to thank City staff who worked on cutting down his City tree and removing the stumps and roots. The staff also repaired his cracked driveway. Mr. Drake further asked to remove items 9, 10, 13 and 17 from consent and asked about the status of safe parking.
Patrick Thomas spoke about a recent encounter with the Modesto Police Department. He also spoke about the shooting of Paul Chavez, Jr.
Recessed: 7:30 pm
Reconvened: 7:38 pm
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS 11-12, 14-16, 18-22 (Wright/Bavaro; 7/0)
CONSENT
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Removed from Consent
Consent
9. Consider approving the minutes from the January 10, 2023 Council Meeting. (Funding Source: Not Applicable)
Motion approving the minutes from the January 10, 2023 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Bavaro/Wright; 7/0) Motion approving the minutes from the January 10, 2023 Council Meeting.
Removed from Consent
Consent
10. 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: (Ricci/Alvarez; 7/0) Resolution 2023-029 continuing to authorize remote teleconference meetings of the City of Modesto pursuant to Assembly Bill 361.
Consent
11. Consider approving the 2023-2024 State and Federal Legislative Priorities. (Funding Source: Not Applicable)
Resolution approving the City of Modesto 2023-2024 State and Federal Legislative Priorities.
CITY MANAGER; Andrew Gonzales, 209-571-5809, [email protected] ACTION: (Wright/Bavaro; 7/0) Resolution 2023-030 approving the City of Modesto 2023-2024 State and Federal Legislative Priorities.
Consent
12. Consider approving the First Amendment increasing the Agreement amount with Townsend Public Affairs, for State Advocacy Services to a new total amount of $215,000, and Van Scoyoc Associates for Federal Advocacy Services to $322,500 and extending the term of the Agreements from April 27, 2023, to November 28, 2023. (Funding Source: General Fund, Water Fund, and Surface Transportation Funds) Resolution approving the First Amendment increasing the Agreement amount with Townsend Public Affairs, for State Advocacy Services by $35,000 from $180,000 to a new total amount of $215,000, and extending the term of the Agreements from April 27, 2023, to November 28, 2023 and authorizing the City Manager, or his designee to execute the Amendment. Resolution to approve the First Amendment increasing the Agreement amount with Van Scoyoc Associates for Federal Advocacy Services by $52,500 from $270,000 to $322,500 and extending the term of the Agreements from April 27, 2023, to November 28, 2023 and authorizing the City Manager, or his designee - 7 -
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to execute the Amendment.
CITY MANAGER; Andrew Gonzales, 209-571-5809, [email protected] ACTION: (Wright/Bavaro; 7/0) Resolution 2023-031 approving the First Amendment increasing the Agreement amount with Townsend Public Affairs, for State Advocacy Services by $35,000 from $180,000 to a new total amount of $215,000, and extending the term of the Agreements from April 27, 2023, to November 28, 2023, and authorizing the City Manager, or his designee to execute the Amendment.
ACTION: (Wright/Bavaro; 7/0) Resolution 2023-032 to approve the First Amendment increasing the Agreement amount with Van Scoyoc Associates for Federal Advocacy Services by $52,500 from $270,000 to $322,500 and extending the term of the Agreements from April 27, 2023, to November 28, 2023 and authorizing the City Manager, or his designee to execute the Amendment.
Removed from Consent
Consent
13. Consider accepting an Informational Report for the November 2022 Accounts Payable Payment Register and Void Report. (Funding Source: Not Applicable) Motion accepting an Informational Report for the November 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 November 2022 Accounts Payable Payment Register and Void Report.
Consent
14. Consider accepting the Monthly Investment Report for October 2022. (Funding Source:
Various Funds)
Motion accepting the Monthly Investment Report for October 2022.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
ACTION: (Wright/Bavaro; 7/0) Motion accepting the Monthly Investment Report for October 2022.
Consent
15. Consider accepting a report on Fiscal Year 2022-23 Vehicle Replacements and Additions planned for bidding or use of Cooperative Agreements to comply with bidding requirements. (Funding Source: Various Funds)
Motion accepting a report on Fiscal Year 2022-23 Vehicle Replacements and Additions planned for bidding or use of Cooperative Agreements to comply with bidding requirements.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] ACTION: (Wright/Bavaro; 7/0) Motion accepting a report on Fiscal Year 2022-23 - 8 -
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Vehicle Replacements and Additions planned for bidding or use of Cooperative Agreements to comply with bidding requirements.
Consent
16. Consider approving the sale of 5.01 Acres of real property at 1500 Robertson Road jointly owned by the City of Modesto, the City of Ceres and Stanislaus County as part of the Tuolumne River Regional Park for $191,000 and approving the purchase of such property by the City of Modesto to be used for the Sutter Primary Treatment Facility Parking Lot/Security Project. (Funding Source: Wastewater Fund) Resolution approving the sale of 5.01 Acres of real property at 1500 Robertson Road jointly owned by the City of Modesto, the City of Ceres and Stanislaus County as part of the Tuolumne River Regional Park for $191,000, and approving the purchase of such property by the City of Modesto to be used for the Sutter Primary Treatment Facility Parking Lot/Security Project, and authorizing the City Manager, or his designee, to execute the Purchase and Sale Agreement, and all related documents required to complete the transaction and close of escrow.
PRN; Nathan Houx, 209-571-5526, [email protected]
ACTION: (Wright/Bavaro; 7/0) Resolution 2023-033 approving the sale of 5.01 Acres of real property at 1500 Robertson Road jointly owned by the City of Modesto, the City of Ceres and Stanislaus County as part of the Tuolumne River Regional Park for $191,000, and approving the purchase of such property by the City of Modesto to be used for the Sutter Primary Treatment Facility Parking Lot/Security Project, and authorizing the City Manager, or his designee, to execute the Purchase and Sale Agreement, and all related documents required to complete the transaction and close of escrow.
Removed from Consent
Consent
17. Consider approving a Land Exchange Agreement with E. J. Gallo Winery and Gallo Glass Company to acquire certain real property located along the Tuolumne River (a portion of APNs 035-016-010, 035-018-009, 035-018-013 and 035-024-007), in exchange for a portion of Beard Brook Park (APN 106-034-001); approving a Transfer Agreement with the State of California Department of Parks and Recreation. (Funding Source: Non-Motorized Local Transportation Fund and Parks & Air Quality Capital Facility Fees Fund)
Resolution approving a Land Exchange Agreement with E. J. Gallo Winery and Gallo Glass Company to acquire certain real property located along the Tuolumne River (a portion of APNs 035-016-010, 035-018-009, 035-018-013 and 035-024-007), in exchange for a portion of Beard Brook Park (APN 106- 034-001); approving a Transfer Agreement with the State of California Department of Parks and Recreation and authorizing the City Manager, or his designee, to execute the Agreements.
PRN; Nathan Houx, 209-571-5526, [email protected]
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ACTION: (Wright/Ricci; 7/0) Resolution 2023-034 approving a Land Exchange Agreement with E. J. Gallo Winery and Gallo Glass Company to acquire certain real property located along the Tuolumne River (a portion of APNs 035-016-010, 035-018- 009, 035-018-013 and 035-024-007), in exchange for a portion of Beard Brook Park (APN 106-034-001); approving a Transfer Agreement with the State of California Department of Parks and Recreation and authorizing the City Manager, or his designee, to execute the Agreements.
Consent
18. Consider approving the Plans and Specifications for the Sutter Neighborhood Strengthen & Replace Water Mains Project; accepting the Bid and Awarding a Construction Contract to West Valley Construction Inc., of San Jose, CA, for a total amount not to exceed $2,149,680 and approving a First Amendment increasing the Agreement amount with Black Water Consulting Engineers, Inc., Modesto, CA, for Engineering Design Services by $72,696 from $126,430, plus $12,643 in Additional Services (if needed) to a new total amount of $211,769. (Funding Source: Water Fund) Resolution approving Plans and Specifications for the Sutter Neighborhood Strengthen & Replace Water Mains Project, accepting the Bid, and approving a Construction Contract with West Valley Inc., of San Jose, CA, in the amount of $2,149,680, plus $214,968 in contingency (if needed), for a total amount not to exceed $2,364,648 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 Sutter Neighborhood Strengthen & Replace Water Mains Project from 8% ($171,974) to 10% ($214,968) of the Construction Contract amount of $2,149,680 with West Valley Construction Inc., of San Jose, CA. Resolution approving the First Amendment increasing the Agreement amount with Black Water Consulting Engineers, Inc., Modesto, CA, for Engineering Design Services for the Sutter Neighborhood Strengthen & Replace Water Mains Project by $72,696 from $126,430, plus $12,643 in Additional Services (if needed) to a new total amount of $211,769; and authorizing the City Manager, or his designee to execute the Amendment.
Resolution amending the Fiscal Year 2022-23 Capital Improvement Program Budget in the amount of $1,850,500 to be transferred into the Project from Water Fund Reserves in order to fund the Construction Phase of the Sutter Neighborhood Strengthen & Replace Water Mains Project.
UTILITIES; Robert Davalos, 209-571-5869, [email protected] ACTION: (Wright/Bavaro; 7/0) Resolution 2023-035 approving Plans and Specifications for the Sutter Neighborhood Strengthen & Replace Water Mains Project, accepting the Bid, and approving a Construction Contract with West Valley Inc., of San Jose, CA, in the amount of $2,149,680, plus $214,968 in contingency (if needed), for a total amount not to exceed $2,364,648 and authorizing the City Manager, or his designee, to execute the Agreement.
ACTION: (Wright/Bavaro; 7/0) Resolution 2023-036 authorizing an increase in the - 10 -
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Director’s Authority to issue Change Orders for the Sutter Neighborhood Strengthen & Replace Water Mains Project from 8% ($171,974) to 10% ($214,968) of the Construction Contract amount of $2,149,680 with West Valley Construction Inc., of San Jose, CA.
ACTION: (Wright/Bavaro; 7/0) Resolution 2023-037 approving the First Amendment increasing the Agreement amount with Black Water Consulting Engineers, Inc., Modesto, CA, for Engineering Design Services for the Sutter Neighborhood Strengthen & Replace Water Mains Project by $72,696 from $126,430, plus $12,643 in Additional Services (if needed) to a new total amount of $211,769; and authorizing the City Manager, or his designee to execute the Amendment.
ACTION: (Wright/Bavaro; 7/0) Resolution 2023-038 amending the Fiscal Year 2022-23 Capital Improvement Program Budget in the amount of $1,850,500 to be transferred into the Project from Water Fund Reserves in order to fund the Construction Phase of the Sutter Neighborhood Strengthen & Replace Water Mains Project.
Consent
19. Consider accepting the Crows Landing Road Pavement Rehabilitation, STPLCML5059(208) project as complete, authorizing all necessary steps to file with the County Recorder, release securities, and release payments totaling $2,308,516 to United Pavement Maintenance, Inc. of Hughson, CA. (Funding Source: Federal RSTP, CMAQ, and Streets Capital Facility Fees)
Resolution accepting the Crows Landing Road Pavement Rehabilitation, STPLCML-5059(208) project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $2,308,516 to United Pavement Maintenance, Inc., Hughson, CA.
UTILITIES; Pete Kambel, 209-577-5444, [email protected] ACTION: (Wright/Bavaro; 7/0) Resolution 2023-039 accepting the Crows Landing Road Pavement Rehabilitation, STPLCML-5059(208) project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $2,308,516 to United Pavement Maintenance, Inc., Hughson, CA.
Consent
20. Consider accepting the Fleet Maintenance Facility Heavy Bay Addition and Bus Maintenance Facility – Parts Storage Room project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $5,634,840 to Harris Builders, Inc., of Hilmar, CA (Funding Source:
Fleet Fund 5400, Capital Grants – CIP Projects 3140)
Resolution accepting the Fleet Maintenance Facility Heavy Bay Addition and Bus Maintenance Facility Parts Storage Room project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $5,634,840 to Harris Builders Inc., Hilmar, CA.
UTILITIES; Pete Kambel, 209-577-5444, [email protected] - 11 -
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ACTION: (Wright/Bavaro; 7/0) Resolution 2023-040 accepting the Fleet Maintenance Facility Heavy Bay Addition and Bus Maintenance Facility Parts Storage Room project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $5,634,840 to Harris Builders Inc., Hilmar, CA.
COUNCIL COMMENTS & REPORTS
Councilmember Bavaro reported that on Friday, January 13th he held his first district advisory committee meeting with Chief Gillespie as their luncheon speaker. The advisory committee consists of 12 members representing neighborhoods in his District. He detailed the purpose and priorities of the committee. One of the priorities being addressing homelessness, and neighborhood parks.
Councilmember Escutia-Braaton reported that she, along with other Councilmembers attended a Frito Lay business event. Frito Lay has one of the largest manufacturing plants in Modesto.
They celebrated their $30 million investment into electrifying their fleet of trucks. It was a highly attended event. She also had the honor of advocating and promoting the beauty and the needs of Modesto with State Assembly Members and State Senators, as well as Congressional Representatives. She is bringing back to Modesto, a myriad of data and points that she will be following up with staff and fellow councilmembers.
Councilmember Ricci reported that he is looking forward to budget season and making a noticeable difference in homelessness. There is a need for safe camping, more temporary shelters, and workforce housing. He also commented on the American Legion Hall that burned down. He had discussions with community members about the option of replacing and/or rebuilding Legion Hall and almost everyone he has spoken to want it rebuilt. He further commented about how is pleased that staff is bringing to the Council the new multi-item unit bulky item pick-up program. He thinks it’s going to reduce dumping and make a big difference in Modesto. He further commented on Measure H funds to support programs that are really making a difference.
Councilmember Williams reported on the Martin Luther King Day luncheon that he, along with other Councilmembers, attended at the King Kennedy Center and it was a special event. He also reported on attending the Martin Luther King Day service at Christian Love, Baptist Church.
Fellow Councilmembers and the Police Chief, as well as other dignitaries attended. He also reported on attending the Martin Luther King Day march, along with Councilmembers Alvarez, Bavaro and Ricci. He further reported on attending the League of California Cities New Council Members three day workshop.
Mayor Zwahlen reported traveling to Washington, DC last week to attend the US Conference of Mayors. On January 16, Martin Luther King's actual birthday, she walked to the White House and passed St John’s Church. This is a church that many Presidents attend the morning of the inauguration. Outside the church there was a sign that said “love thy neighbor.” At the conference, she attended sessions on water, jobs, rail, mental illness, and many other topics. - 12 -
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Hundreds of other mayors attended from all over the country. She was able to hear from many of the President's cabinet members and heard from the Surgeon General. In addition, she was in the White House with President Biden and interestingly he had this quote that he said, Lyndon Johnson one time said “When the burdens of the presidency seem unusually heavy, I always remind myself it could be worse. I could be a mayor.”
CITY MANAGER COMMENTS & REPORTS
None
HEARINGS
Published in the Modesto Bee on January 13, 2023.
21. Public Hearing to consider approving the final adoption of Ordinances 3754-C.S., 3755-C.S., 3756-C.S., 3757-C.S., 3758-C.S., adopting Building, Plumbing, Electrical, and Mechanical Ordinances by reference of the 2022 California Building Codes and 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 adopting 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.
Motion adopting 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”. Motion adopting 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.
Motion adopting 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”.
Motion adopting 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.
CED; Oscar Diaz, 209-571-5885, [email protected]
ACTION: (Williams/Wright; 7/0) Motion adopting 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: (Ricci/Alvarez; 6/1; Wright No) Motion adopting Ordinance 3755-C.S. amending Chapter 3, Electrical Code of Title 9 of the Modesto Municipal Code - 13 -
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relating to building regulations to adopt by reference, California Code of Regulations, Title 24 Part 3 “Electrical Code”.
ACTION: (Zwahlen/Ricci; 6/1; Wright No) Motion adopting 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: (Ricci/Williams; 6/1; Wright No) Motion adopting 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: (Alvarez/Ricci; 6/1; Wright No) Motion adopting 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.
Published in the Modesto Bee on January 13, 2023.
22. Hearing to consider accepting the Public Health Goals Report (PHG) on the City of Modesto’s Water System, in compliance with Title 22 of the California Health and Safety Code (Funding Source: Not Applicable)
Resolution accepting the 2022 Public Health Goals Report in compliance with Title 22 of the California Health and Safety Code.
UTILITIES; William Wong, 209-571-5801, [email protected] ACTION: (Wright/Alvarez; 7/0) Resolution 2023-041 accepting the 2022 Public Health Goals Report in compliance with Title 22 of the California Health and Safety Code.
NEW BUSINESS
23. Consider approving the Multifamily Dwelling Bulky Item Pickup Program as a pilot for a term of one year. (Funding Source: America Rescue Plan Act) Resolution approving the Multifamily Dwelling Bulky Item Pickup Program as a pilot for a term of one year.
PUBLIC WORKS; Rosene Salmo, 209-577-5453, [email protected] ACTION: (Ricci/Escutia-Braaton) Resolution 2023-042 approving the Multifamily Dwelling Bulky Item Pickup Program as a pilot for a term of one year.
MATTERS TOO LATE FOR THE AGENDA
None.
ADJOURNMENT
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This meeting adjourned at 8:51 p.m.
All Closed Session matters heard prior to 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: Jesse Montelongo, et al., v. City of Modesto, et al.
United States District Court, Eastern District of California Case No.: 1:15-CV-01605—BAM
PUBLIC EMPLOYEE APPOINTMENT
(Pursuant to Section 54957 Government Code)
Title: City Auditor
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 - 15 -
1/24/2023 5:30:00 PM
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