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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, February 14, 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: Carlos Gonzalez, City Ministry Network
City Clerk’s Announcements: City Clerk announced that item 16 was removed from the agenda to be considered at a future meeting. Correspondence was received for Item No. 27.
Declaration of Conflicts of Interest: Recusal from Council Member Wright – Item 27 out of abundance of caution.
Reports from Closed Session: Mayor Zwahlen reported that the City will begin the recruitment of the City Auditor. The City will be using the services of a Professional Recruiting Firm and the Human Resources Department. Applications will be accepted from private individuals and public sector consulting firms.
MISCELLANEOUS
1. Consider accepting the resignation of Janice Keating from the City of Modesto Citizens’ Transportation Sales Tax Commission. (Funding Source: Not Applicable) Staff Recommendation:
Resolution accepting the resignation of Janice Keating from the City of - 2 -
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Modesto’s Citizens’ Transportation Sales Tax Commission.
CED; Toby Wells, 209-571-5442, [email protected]
ACTION: (Wright/Alvarez; 7/0) Resolution 2023-043 accepting the resignation of Janice Keating from the City of Modesto’s Citizens’ Transportation Sales Tax Commission.
PUBLIC COMMENT PERIOD
Patrick spoke about the shooting of Paul Chavez, Jr. He also commented about deescalation and Officer Muncy. Raman Paul spoke about non-emergency medical transport companies operating without a business license or permission from MPD. She cited her concerns with patient safety. Paul Soto read a quote from Martin Luther King regarding non-violent attention to issues.
He further commented about public safety and the shooting of Paul Chavez, Jr. Mark Serkanic commented on the bike trails. He addressed Moose Park and the closing of it due to flooding. He further spoke about the patch work on the bridge and the lack of down slopes on the curbs.
Theresa Clutter spoke about the shooting of Paul Chavez. She further commented on Officers Muncy and Valencia and accountability. She further commented about the new district attorney and asked Council speak to him and ask him to look into the shooting of Paul Chavez, Jr.
Janet spoke on behalf of her friend a StanRTA employee who was assaulted on February 2 nd in the employee parking lot. She spoke about the need for employee safety. Brittney Chavez spoke about the shooting of Paul Chavez, Jr. She further commented about Officer Muncy and accountability.
Sebastian Jones commented wished everyone a Happy Valentine’s Day. He also commented on the shooting of Paul Chavez, Jr. He further commented about how he felt disrespected at a recent Martin Luther King event.
Steve spoke in support of Sebastian Jones. He further commented about a recent Facebook post about the civilian police review board. He also commented on the rules posted on the City's website regarding City Council meetings and public comment. He asked for Council to consider changing the rules on the time allowed for public comment. Ramon Rodriguez spoke about the last Council meeting and Mr. Jones and his claims of discrimination. He also commented about housing at the municipal golf course site. - 3 -
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Bianca Lopez, Valley Improvement Project notified the community that February is childhood Cancer Awareness Month and spoke about cancer awareness and referenced a report about pesticides causing childhood cancer.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS 2-6, and 14-16, 18-22 (Alvarez/Williams; 7/0)
CONSENT
Consent
2. Consider approving the minutes from the January 24, 2023 Council Meeting. (Funding Source: Not Applicable)
Motion approving the minutes from the January 24, 2023 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Alvarez/Williams; 7/0) Motion approving the minutes from the January 24, 2023 Council Meeting.
Consent
3. 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 CLERK; Jose Sanchez, 209-577-5284, [email protected] ACTION: (Alvarez/Williams; 7/0) Resolution 2023-044 continuing to authorize remote teleconference meetings of the City of Modesto pursuant to Assembly Bill 361.
Removed from Consent – due to Motion to Reconsider
Consent
4. Consider approving a First Amendment to the Legal Services Agreement with Castillo, Moriarty, Tran & Robinson in the amount of $200,000, for a total Agreement amount not to exceed $245,000 for continued representation in Police Related Matters and a Fourth Amendment to the Legal Services Agreement with Bartkiewicz, Kronick & Shanahan P.C. to adjust rates for continued representation in Water Related Matters. (Funding Source: General Liability Insurance Fund and Water Funds) Resolution approving a First Amendment to the Legal Services Agreement with Castillo, Moriarty, Tran & Robinson in the amount of $200,000, for a total Agreement amount not to exceed $245,000, for continued representation in Police Litigation Matters and authorizing the City Manager or his designee, to execute the Amendment.
Resolution approving a Fourth Amendment to the Legal Services Agreement for Bartkiewicz, Kronick & Shanahan P.C. to adjust hourly rates for continued representation and authorizing the City Manager or his designee, to execute the Agreement.
CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected] - 4 -
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ACTION: (Escutia-Braaton/Bavaro; 7/0) Motion to reconsider original Motion approving Resolution Nos. 2023-045 and 2023-046 on the Consent Calendar to allow for comments.
ACTION: (Ricci/Alvarez; 7/0) Resolution 2023-045 approving a First Amendment to the Legal Services Agreement with Castillo, Moriarty, Tran & Robinson in the amount of $200,000, for a total Agreement amount not to exceed $245,000, for continued representation in Police Litigation Matters and authorizing the City Manager or his designee, to execute the Amendment.
ACTION: (Ricci/Alvarez; 7/0) Resolution 2023-046 approving a Fourth Amendment to the Legal Services Agreement for Bartkiewicz, Kronick & Shanahan P.C. to adjust hourly rates for continued representation and authorizing the City Manager or his designee, to execute the Agreement.
Consent
5. 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: (Alvarez/Williams; 7/0) Resolution 2023-047 amending Fiscal Year 2022- 23 Annual Operating and Capital Improvement Project Fund Budgets and authorizing the City Manager, to make the necessary steps to implement the provisions of this Resolution.
Consent
6. Consider rejecting all proposals for Request for Proposal (RFP) No. 2122-44 for the Stanislaus Regional Transit Oriented Development Plan. (Funding Source: LEAP Grant)
Resolution rejecting all proposals for RFP No. 2122-44 for the Stanislaus Regional Transit Oriented Development Plan.
CED; Jessica Hill, 209-577-5321, [email protected]
ACTION: (Alvarez/Williams; 7/0) Resolution 2023-048 rejecting all proposals for RFP No. 2122-44 for the Stanislaus Regional Transit Oriented Development Plan.
Removed from Consent
Consent
7. Consider approving a First Amendment to an Agreement with Management Advisory Services for Planning Consultation and Support, increasing the Agreement to a new total not to exceed $109,500. (Funding Source: General Fund) - 5 -
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Resolution approving the First Amendment to an Agreement with Management Advisory Services for Planning Consultation and Support, increasing the Agreement amount by $60,000 from $49,500 to a new total not to exceed $109,500 and authorizing the City Manager, or his designee, to execute the Amendment.
CED; Jessica Hill, 209-577-5321, [email protected]
ACTION: (Wright/Ricci; 7/0) Resolution 2023-049 approving the First Amendment to an Agreement with Management Advisory Services for Planning Consultation and Support, increasing the Agreement amount by $60,000 from $49,500 to a new total not to exceed $109,500 and authorizing the City Manager, or his designee, to execute the Amendment.
Consent
8. Consider approving a Resolution authorizing the execution of escrow documents to transfer fee title to approximately 2.61 acres of real property (APN 007-037-012) currently owned by the City (“City-Owned Remnant”) to Hans Wagner III 2015 Trust consistent with a previously authorized settlement of an eminent domain action to acquire property for the State Route 132 West Freeway/Expressway – Phase I Project. (Funding Source: Streets Capital Facilities Fee and Regional Measure L funds) Resolution authorizing the execution of escrow documents to transfer fee title to approximately 2.61 acres of real property (APN 007-037-012) currently owned by the City (“City-Owned Remnant”) to Hans Wagner III 2015 Trust consistent with a previously authorized settlement of an eminent domain action to acquire property for the State Route 132 West Freeway/Expressway – Phase I Project.
CED; Jessica Hill, 209-577-5321, [email protected]
ACTION: (Alvarez/Williams; 7/0) Resolution 2023-050 authorizing the execution of escrow documents to transfer fee title to approximately 2.61 acres of real property (APN 007-037-012) currently owned by the City (“City-Owned Remnant”) to Hans Wagner III 2015 Trust consistent with a previously authorized settlement of an eminent domain action to acquire property for the State Route 132 West Freeway/Expressway – Phase I Project.
Consent
9. Consider approving the First Amendment increasing the Agreement amount with Ready to Work, for Litter Abatement Services by $872,500 from $450,000 to a revised total amount of $1,322,500 over a five year extension option. (Funding Source: Solid Waste Fund and CalTrans Delegated Maintenance Agreement) Resolution approving the First Amendment with Ready to Work for Litter Abatement Services to extend for two years, with three one-year extension options; for an annual estimated cost $174,500 and increasing the overall agreement amount by $872,500 from $450,000 to a new revised total amount of $1,322,500; and authorizing the City Manager, or his designee to execute the - 6 -
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Amendment.
CED; Edgar Garcia, 209-571-5101, [email protected] ACTION: (Alvarez/Williams; 7/0) Resolution 2023-051 approving the First Amendment with Ready to Work for Litter Abatement Services to extend for two years, with three one-year extension options; for an annual estimated cost $174,500 and increasing the overall agreement amount by $872,500 from $450,000 to a new revised total amount of $1,322,500; and authorizing the City Manager, or his designee to execute the Amendment.
Consent
10. Consider approving a Third Amendment to the Construction Management Services Agreement with WSP USA Inc. for the State Route 132 West Freeway/Expressway - Phase 1 Project, for a total amount not to exceed $13,140,236. (Funding Source: Streets Capital Facility Fees)
Resolution approving a Third Amendment to the Construction Management Services Agreement with WSP USA Inc. for the State Route 132 West Freeway/Expressway - Phase 1 Project, increasing the Agreement amount by $629,311 plus $62,931 additional services, if needed, from $12,447,994 for a total amount not to exceed $13,140,236, and authorizing the City Manager, or his designee to execute the Third Amendment.
CED; Toby Wells, 209-577-5542, [email protected]
ACTION: (Alvarez/Williams; 7/0) Resolution 2023-052 approving a Third Amendment to the Construction Management Services Agreement with WSP USA Inc. for the State Route 132 West Freeway/Expressway - Phase 1 Project, increasing the Agreement amount by $629,311 plus $62,931 additional services, if needed, from $12,447,994 for a total amount not to exceed $13,140,236, and authorizing the City Manager, or his designee to execute the Third Amendment.
Consent
11. Consider approving a Will Serve Letter and an Outside Service Agreement for Sewer connection for the property located at 4601 Yosemite Blvd. in unincorporated Stanislaus County just outside of the city limits of Modesto (APN: 133-001-019). (Funding Source: Sewer Fund, General Fund)
Resolution approving a Will Serve letter and an Outside Service Agreement between the City of Modesto and CVE Properties, LLC. A California Limited Liability Company, to connect to the City of Modesto’s existing sewer system for the property located at 4601 Yosemite Blvd. (APN:133-001-019), and authorizing the City Manager, or his designee, to sign the Will Serve Letter and execute the Outside Service Agreement.
CED; Toby Wells, 209-571-5542, [email protected]
ACTION: (Alvarez/Williams; 7/0) Resolution2023-053 approving a Will Serve letter and an Outside Service Agreement between the City of Modesto and CVE Properties, LLC. A California Limited Liability Company, to connect to the City of Modesto’s - 7 -
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existing sewer system for the property located at 4601 Yosemite Blvd. (APN:133-001- 019), and authorizing the City Manager, or his designee, to sign the Will Serve Letter and execute the Outside Service Agreement.
Consent
12. Consider approving Freeway Maintenance Agreement STA-132, PM-R11.3/R14.7 with the State of California, for the State Route 132 West Freeway/Expressway - Phase 1 Project. (Funding Source: Not Applicable)
Resolution approving Freeway Maintenance Agreement STA-132, PMR11.3/R14.7 with the State of California, for the State Route 132 West Freeway/Expressway - Phase 1 Project, and authorizing the City Manager, or his designee to execute the Freeway Maintenance Agreement.
CED; Toby Wells, 209-571-5542, [email protected]
ACTION: (Alvarez/Williams; 7/0) Resolution 2023-054 approving Freeway Maintenance Agreement STA-132, PM-R11.3/R14.7 with the State of California, for the State Route 132 West Freeway/Expressway - Phase 1 Project, and authorizing the City Manager, or his designee to execute the Freeway Maintenance Agreement.
Consent
13. Consider accepting an informational report for the December 2022 Accounts Payable Payment Register and Void Report. (Funding Source: Not Applicable) Motion accepting an informational report for the December 2022 Accounts Payable Payment Register and Void Report.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Alvarez/Williams; 7/0) Motion accepting an informational report for the December 2022 Accounts Payable Payment Register and Void Report.
Consent
14. Consider accepting an Informational Report on the September and October 2022 Grant Applications and Awards and forwarding to Council for approval. (Funding Source:
Not Applicable)
Motion accepting an Informational Report for the September and October 2022 Grant Applications and Awards.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Alvarez/Williams; 7/0) Motion accepting an Informational Report for the September and October 2022 Grant Applications and Awards.
Consent
15. Consider accepting an informational update on the Transient Occupancy Tax Audit. (Funding Source: General Fund)
Motion accepting the informational update on the Transient Occupancy Tax - 8 -
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Audit.
FINANCE DEPARTMENT; Gina Brown, 209-577-5381, [email protected] ACTION: (Alvarez/Williams; 7/0) Motion accepting the informational update on the Transient Occupancy Tax Audit.
Consent – Removed from the Agenda.
16. Consider approving the purchase for one Fleet Replacement in the amount not to exceed $53,148; and approving updated pricing for three bid events for Fleet Replacement Vehicles by $110,217. (Funding Source: Fleet Replacement Fund) Resolution approving the purchase with Towne Ford Sales, Redwood City, CA for one Ford Mustang for an amount not to exceed $53,148; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order. Resolution approving an increase to the amount for the purchase of One LowProfile Dump Truck to Towne Ford Sales, Redwood City, CA by $16,552, increasing the Purchase Order from $99,797 to a new total amount not to exceed $116,349, and authorizing the Purchasing Manager, or her designee, to update the Purchase Order.
Resolution approving an increase to the amount for the purchase of Seven OneTon Stake Side Dump Trucks to Towne Ford Sales, Redwood City, CA by $64,194, increasing the Purchase Order from $602,868 to a new total amount not to exceed $667,062, and authorizing the Purchasing Manager, or her designee, to update the Purchase Order.
Resolution approving an increase to the amount for the purchase of six OneTon Trucks to Towne Ford Sales, Redwood City by $29,471, increasing the Purchase Order from $536,924 to a new total amount not to exceed $566,395, and authorizing the Purchasing Manager, or her designee, to update the Purchase Order.
FINANCE DEPARTMENT; Dianne Love, 209-571-5614, [email protected] ACTION: No action taken. Item was removed from the agenda.
Consent
17. Consider accepting the Monthly Investment Report for November 2022. (Funding Source: Various Funds)
Motion accepting the Monthly Investment Report for November 2022.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected],
ACTION: (Alvarez/Williams; 7/0) Motion accepting the Monthly Investment Report for November 2022.
Consent
18. Consider approving the purchase of the 2019 Chevrolet Tahoe SUV to Salida Fire Protection District (SFPD), Salida, CA, for a total amount not to exceed $60,000 (Funding Source: General Fund)
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Resolution approving the purchase of a 2019 Chevrolet Tahoe SUV from Salida Fire Protection District, Salida, CA, for a total amount not to exceed $60,000 and authorizing the Purchasing Manager, or her designee to issue the Purchase Order.
FIRE DEPARTMENT; Alan Ernst, 209-572-9590, [email protected] ACTION: (Alvarez/Williams; 7/0) Resolution 2023-055 approving the purchase of a 2019 Chevrolet Tahoe SUV from Salida Fire Protection District, Salida, CA, for a total amount not to exceed $60,000 and authorizing the Purchasing Manager, or her designee to issue the Purchase Order.
Consent
19. Consider approving the revisions and additions to the Modesto Police Department’s Hiring and Recruiting Incentive Program, increasing the estimated annual allocated amount by $365,000 to a new estimated annual total of $415,000; and rescinding Resolution Nos. 2014-467 and 2016-378. (Funding Source: General Fund) Resolution approving the revisions and additions to the Modesto Police Department’s Hiring and Recruitment Incentive Program and increasing the estimated annual allocated amount by $365,000 to a new estimated annual total of $415,000; and rescinding Resolution Nos. 2014-467 and 2016-378.
POLICE DEPARTMENT; Chris Adams, 209-572-9500, [email protected] ACTION: (Alvarez/Williams; 7/0) Resolution 2023-056 approving the revisions and additions to the Modesto Police Department’s Hiring and Recruitment Incentive Program and increasing the estimated annual allocated amount by $365,000 to a new estimated annual total of $415,000; and rescinding Resolution Nos. 2014-467 and 2016-378.
Consent
20. Consider approving an Agreement with Mark Thomas & Company, Inc. to prepare construction documentation for the Dry Creek Regional Park to Tuolumne River Regional Park (TRRP) Trail Connection Project for a total amount not to exceed $511,424. (Funding Source: Parks & Air Quality Capital Facility Fee Fund) Resolution approving an Agreement with Mark Thomas & Company, Inc. to prepare construction documentation for the Dry Creek Regional Park to Tuolumne River Regional Park (TRRP) Trail Connection Project for an amount of $464,931, plus $46,493 for additional services, if needed, for an Agreement total not to exceed $511,424, and authorizing the City Manager, or his designee, to execute the Agreement.
PRN; Nathan Houx, 209-571-5526, [email protected]
ACTION: (Alvarez/Williams; 7/0) Resolution 2023-057 approving an Agreement with Mark Thomas & Company, Inc. to prepare construction documentation for the Dry Creek Regional Park to Tuolumne River Regional Park (TRRP) Trail Connection Project for an amount of $464,931, plus $46,493 for additional services, if needed, for an Agreement total not to exceed $511,424, and authorizing the City Manager, or his - 10 -
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designee, to execute the Agreement.
Consent
21. Consider an Ordinance amending Section 3-2.1401.1 of Article 14, Chapter 2, Title 3 of the Modesto Municipal Code relating to speed limits to determine and designate speed limit changes. (Funding Source: Surface Transportation Fund (Gas Tax)) Motion introducing and waiving the first reading of an Ordinance amending Section 3-2.1401.1 of Article 14, Chapter 2, Title 3 of the Modesto Municipal Code relating to speed limits.
PUBLIC WORKS; Mark Murphy, 209-577-5431, [email protected] ACTION: (Alvarez/Williams; 7/0) Motion introducing and waiving the first reading of Ordinance 3759-C.S. amending Section 3-2.1401.1 of Article 14, Chapter 2, Title 3 of the Modesto Municipal Code relating to speed limits.
Consent
22. Consider authorizing the submittal of application(s) to the Department of Transportation Clean California Local Grant Program. (Funding Source: Not Applicable)
Resolution authorizing the submittal of application(s) to the Department of Transportation Clean California Local 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: (Alvarez/Williams; 7/0) Resolution 2023-058 authorizing the submittal of application(s) to the Department of Transportation Clean California Local Grant Program, and authorizing the City Manager, or his designee, to sign Grant Applications and related forms.
Consent
23. Consider approving a Right-of-Way Dedication by the City of Modesto on behalf of the public for the future Aria Way extension for Public Use and Right of Way. (Funding Source: Not Applicable)
Resolution approving a Right-of-Way Dedication by the City of Modesto on behalf of the public for the future Aria Way (APN 083-004-084) extension for Public Use and Right-of-Way.
UTILITIES; Robert Davalos, 209-571-5869, [email protected] ACTION: (Alvarez/Williams; 7/0) Resolution 2023-059 approving a Right-of-Way Dedication by the City of Modesto on behalf of the public for the future Aria Way (APN 083-004-084) extension for Public Use and Right-of-Way.
Consent
24. Consider approving the submission of a Grant Application to the California Department of Water Resources for the 2022 Urban Community Drought Relief Grant Program. (Funding Source: Water Fund and American Rescue Plan Act Fund) - 11 -
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A Resolution of the Modesto City Council authorizing the submittal of a Grant Application for the 2022 Urban Community Drought Relief program that authorizes the City Manager, or his designee as the City representative authorizing the Grant Application, acceptance, and execution of a Grant Agreement to fund the Empire Local Water Main Improvements Project, Empire Water Main Crossings Project, Modesto City Parks Turf Replacement Project, and Modesto Turf Replacement Customer Rebate Program.
UTILITIES; Juan Ochoa, 209-577-5423, [email protected] ACTION: (Alvarez/Williams; 7/0) A Resolution 2023-060 of the Modesto City Council authorizing the submittal of a Grant Application for the 2022 Urban Community Drought Relief program that authorizes the City Manager, or his designee as the City representative authorizing the Grant Application, acceptance, and execution of a Grant Agreement to fund the Empire Local Water Main Improvements Project, Empire Water Main Crossings Project, Modesto City Parks Turf Replacement Project, and Modesto Turf Replacement Customer Rebate Program.
COUNCIL COMMENTS & REPORTS
Council Member Alvarez thanked everyone for being here this evening on Valentine's Day. He gave a special recognition to Operation 9.2.99 Cleanup Project for their work along Tuolumne River. The group offers a monthly opportunity to cleanup and restore along the River. He also thanked Phil McKay with DFW Natural Resource Volunteer Program, and the Parks Department for the trash bags. He thanked Duane Becker and volunteers for hauling away the shopping carts. Council Member Alvarez also highlighted his committee assignments.
Vice Mayor Ricci wished everyone a Happy Valentine’s Day, especially his wife. He spoke about Modesto having a self-image problem, and some of that could be due to how they talk about themselves sometimes. But, the challenge right now is to inspire City government to make a change in vision. He also reported on the Stanislaus 2030 project and the community collaboration, that tried to create a strategy for regional economic growth and opportunity in the coming decade. He commented on homelessness, the CHAT team, park rangers and the programs in place. He further commented on housing needed Downtown and how the City needs to increase reasons for people to visit Modesto.
Council Member Escutia-Braaton wished everyone a Happy Valentine's Day and wished her husband Dr Braaton a Happy Valentine's Day. She also acknowledged her two sons at home, Dominic and Luke. She reported that she had the honor and privilege of judging a Hispanic leadership speech competition. It was amazing to see all these young men and women speaking on the subject of what is a leader. She was very impressed to see that effort. She also reported on the Modesto Youth Commission. This is a dynamic group of young leaders that serve in an advisory capacity to the City Council.
Council Member Williams reported that he attended a City event at Cesar Chavez Park and was accompanied by Council Member Alvarez and Mayor Zwahlen. The event was put on by the Recreation Department, and Bruce Lockard, an employee that has been with the City over 40 - 12 -
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years. There were many vendors at the event with a lot of good information given out. There was also some cultural dances from all areas of the world. He also reported on attending Christian Love Baptist Church who bestowed him with a Trailblazer award. He further reported on the City Council Retreat held on February 3rd.
Mayor Zwahlen stated that she wanted to add a couple of thoughts to this evening's meeting.
As was mentioned, the City does have a Youth Commission. This morning, she received a briefing on the City’s General Plan update. This is what will guide the community regarding all the things that they’ve talked about this evening, and all the things the Council Members mentioned for the future into 2050. But one of the components of it that she was most impressed with after dozens of community meetings and input was that one of those meetings was held at a local high school for the students. So, she really thinks that says how important young people are in the community. She further commented on the way she conducts meetings. She always tries to do the best job that she can at every meeting. She further commented on public comment period. While on the school board, she felt so strongly that, that's the public's time to speak and their time to listen. She also commented that the Fire Chief, Police Chief and Directors are at the meetings to address any of the issues that the public might have.
CITY MANAGER COMMENTS & REPORTS
None.
UNFINISHED BUSINESS
25. Consider approving the Fourth Amendment to the Purchasing Agreement with Grover Landscape Services, Inc. of Modesto, CA for Landscape Maintenance Services to extend the term period for an additional three years and six months and increasing the amount of the Agreement by an amount not to exceed $10,745,509 for the extension period. (Funding Source: General Fund – Parks Operations, Community Facilities District Funds, Joint Powers Authority Tuolumne River Regional Park Fund, Various City and Enterprise Funds)
Resolution approving the Fourth Amendment to the Purchasing Agreement with Grover Landscape Services, Inc. of Modesto, CA for Landscaping Maintenance Services to extend the term period for an additional three years and six months and increasing the amount of the Agreement by an amount not to exceed $10,745,509 for the extension period; and authorizing the City Manager or his designee to execute the Amendment.
PRN; Kelly Gallagher, 209-342-2270, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2023-061 approving the Fourth Amendment to the Purchasing Agreement with Grover Landscape Services, Inc. of Modesto, CA for Landscaping Maintenance Services to extend the term period for an additional three years and six months and increasing the amount of the Agreement by an amount not to exceed $10,745,509 for the extension period; and authorizing the City Manager or his designee to execute the Amendment.
Recessed: 7:30 pm
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Reconvened: 7:36 pm
NEW BUSINESS
26. Consider approving an initial spending plan related to Measure H for Fiscal Year 2022- 23 to address quality of life issues in the community; and authorizing the City Manager to carry out the necessary steps to implement the initial spending plan related to Measure H. (Funding Source: Measure H General Fund)
Resolution approving an initial spending plan related to Measure H for Fiscal Year 2022-23 to address quality of life issues in the community; and authorizing the City Manager to carry out the necessary steps to implement the initial spending plan related to Measure H.
Resolution amending the Position Allocation for Fiscal Year 2022-23 as Adopted in the Operating Budget.
Resolution amending the classification plan for the City of Modesto to create the classification of the Senior Outreach Specialist, create the classification of the Police Civilian Investigator, and to amend the title for Homeless Outreach Specialist to Outreach Specialist.
BUDGET; Steve Christensen, 209-577-5390, [email protected] ACTION: (Escutia-Braaton/Ricci; 7/0) Resolution 2023-062 approving an initial spending plan related to Measure H for Fiscal Year 2022-23 to address quality of life issues in the community; and authorizing the City Manager to carry out the necessary steps to implement the initial spending plan related to Measure H.
ACTION: (Escutia-Braaton/Ricci; 7/0) Resolution 2023-063 amending the Position Allocation for Fiscal Year 2022-23 as Adopted in the Operating Budget.
ACTION: (Escutia-Braaton/Ricci; 7/0) Resolution 2023-064 amending the classification plan for the City of Modesto to create the classification of the Senior Outreach Specialist, create the classification of the Police Civilian Investigator, and to amend the title for Homeless Outreach Specialist to Outreach Specialist.
Councilmember Wright absent due to conflict of interest.
27. Consider adopting the Comprehensive Housing Plan that provides strategies and recommendations for increasing the supply and choice of housing in Modesto. (Funding Source: SB2 Planning Grant)
Resolution adopting the Housing Plan that provides strategies and recommendations for increasing the supply of housing in Modesto.
CED; Jessica Hill, 209-577-5321, [email protected]
ACTION: (Williams/Escutia-Braaton; 6/0, Wright Recused; Councilmember Wright absent due to conflict of interest) Resolution 2023-065 adopting the Housing Plan that provides strategies and recommendations for increasing the supply of housing in Modesto.
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28. Consider authorizing the services of Steve Mitchell on a part-time basis for a limited duration of up to six months for the purposes of providing work on special Planning projects to ensure high priority projects continue to completion. (Funding Source:
General Fund)
Resolution authorizing the services of Steve Mitchell on a part-time basis for a limited duration of up to six months for the purposes of providing work on special projects to ensure high priority projects continue to completion; and authorizing the City Manager, or his designee, to take the necessary steps to implement the provisions of the action.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] ACTION: (Alvarez/Wright; 7/0); Resolution 2023-066 authorizing the services of Steve Mitchell on a part-time basis for a limited duration of up to six months for the purposes of providing work on special projects to ensure high priority projects continue to completion; and authorizing the City Manager, or his designee, to take the necessary steps to implement the provisions of the action.
MATTERS TOO LATE FOR THE AGENDA
None.
ADJOURNMENT
This meeting adjourned at 8:23 p.m.
All Closed Session matters heard prior to meeting.
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Two Cases (Pursuant to Section 54956.9(a) of the Government Code) Name of case(s): Kelly Mikolich v. City of Modesto
California Workers Compensation Appeals Board
Nos. ADJ15250443, ADJ15250474
Steve Fischio v. City of Modesto
California Workers Compensation Appeals Board
Nos. Unassigned and ADJ12517812
PUBLIC EMPLOYEE APPOINTMENT
(Pursuant to Section 54957 Government Code)
Title: City Auditor
CONFERENCE WITH LABOR NEGOTIATOR:
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(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