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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 28, 2023 at 5:30 PM
Roll Call – Present: Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci (arrived at 5:32 PM), Williams, Wright, Mayor Zwahlen
Absent: None
Pledge of Allegiance to the Flag
Invocation: Pat Nagle, Redeemer
City Clerk’s Announcements: City Clerk announced that a request was received to remove item 11 from Consent.
Declaration of Conflicts of Interest: None
MISCELLANEOUS
1. Proclamation declaring March 17th through March 27th as CalTrans Community Days “Spring into Action” (Funding Source: Not Applicable)
PUBLIC WORKS; Myriah Hill, 209-577-5495, [email protected] ACTION: Mayor Zwahlen presented a Proclamation declaring March 17th through March 27th as CalTrans Community Days “Spring into Action” - 2 -
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PUBLIC COMMENT PERIOD
• Steve Allen commented about the rules on the website regarding public comment. He further commented about the Modesto Police Department and Paul Chavez, Jr and Officer Muncy.
• Ramon Rodriguez spoke about the Modesto Police Department, Officer Nunez and spoke about the comments on the Police Department's social media post about a recent traffic incident and arrest.
• Theresa Clutter asked for justice and accountability regarding the shooting Paul Chavez. She commented on the Modesto Police Department. • Brittony Estrella Chavez spoke about Paul Chavez. She asked if the Council viewed the video of the shooting of Paul Chavez. She further commented about Officers Muncy and Valencia. She asked for accountability.
• PT spoke about the shooting of Paul Chavez by Officer Muncy. He also commented about the Modesto Police Department.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS 2-10 and 12-18 (Wright/Williams; 7/0)
CONSENT
Consent
2. Consider approving the minutes from the February 14, 2023 Council Meeting. (Funding Source: Not Applicable)
Motion approving the minutes from the February 14, 2023 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Williams; 7/0) Motion approving the minutes from the February 14, 2023 Council Meeting.
Consent
3. Consider approving final adoption of Ordinance 3759-C.S. amending Section 3-
2.1401.1 of Article 14 of Chapter 2 of Title 3 of the Modesto Municipal Code relating to speed limits. (Funding Source: Not Applicable)
Motion approving final adoption of Ordinance 3759-C.S. amending Section 3-
2.1401.1 of Article 14 of Chapter 2 of Title 3 of the Modesto Municipal Code relating to speed limits.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Williams; 7/0) Motion approving final adoption of Ordinance 3759-C.S. amending Section 3-2.1401.1 of Article 14 of Chapter 2 of Title 3 of the Modesto Municipal Code relating to speed limits.
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Consent
4. Consider terminating the Local Emergency in response to the Novel Coronavirus (COVID-19). (Funding Source: Not Applicable)
Resolution terminating the Local Emergency related to the Novel Coronavirus (“COVID-19”).
CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2023-067 terminating the Local Emergency related to the Novel Coronavirus (“COVID-19”).
Consent
5. Consider supporting a House of Representatives Bill to designate the facility of the United States Postal Service located at 2300 Sylvan Avenue in Modesto, California, as the ‘‘Corporal Michael D. Anderson Jr. Post Office Building”. (Funding Source: Not Applicable)
Resolution supporting a House of Representatives (H.R.) Bill that Congressman McClintock will be introducing to Congress to designate the facility of the United States Postal Service located at 2300 Sylvan Avenue in Modesto, California, as the ‘‘Corporal Michael D. Anderson Jr. Post Office Building”.
CITY MANAGER; Andrew Gonzales, 209-571-5809, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2023-068 supporting a House of Representatives (H.R.) Bill that Congressman McClintock will be introducing to Congress to designate the facility of the United States Postal Service located at 2300 Sylvan Avenue in Modesto, California, as the ‘‘Corporal Michael D. Anderson Jr. Post Office Building”.
Consent
6. Consider approving the First Amendment for the Mayor’s appointments and formatting changes to the City of Modesto’s City Council Liaison Committees list for the 2023 calendar year. (Funding Source: Not Applicable)
Motion approving the changes to the City Council Liaison Committees.
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]
ACTION: (Wright/Williams; 7/0) Motion approving the changes to the City Council Liaison Committees.
Consent
7. Consider approving a Street Name Change from North Franklin Street to Kansas Avenue Extension to comply with Caltrans requirements and the project approval for State Route 132 Phase 1. (Funding Source: Various Funds) Resolution approving a Street Name Change from North Franklin Street to Kansas Avenue Extension to comply with Caltrans requirements and the project approval for State Route 132 Phase 1.
CED; Edwin Borquez, 209-571-5516, [email protected] - 4 -
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ACTION: (Wright/Williams; 7/0) Resolution 2023-069 approving a Street Name Change from North Franklin Street to Kansas Avenue Extension to comply with Caltrans requirements and the project approval for State Route 132 Phase 1.
Consent
8. Consider directing staff to prepare and file the Fiscal Year 2023-24 Engineer’s Annual Report for City of Modesto Landscape Maintenance Assessment District No. 1 (Dry Creek Meadows Subdivisions Nos. 1-6). (Funding Source: Landscape Maintenance Assessment District No. 1)
Resolution directing staff to prepare and file the Fiscal Year 2023-24 Engineer’s Annual Report for City of Modesto Landscape Maintenance Assessment District No. 1 (Dry Creek Meadows Subdivisions Nos. 1-6).
CED; Peter Ibrahim, 209-577-5211, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2023-070 directing staff to prepare and file the Fiscal Year 2023-24 Engineer’s Annual Report for City of Modesto Landscape Maintenance Assessment District No. 1 (Dry Creek Meadows Subdivisions Nos. 1-6).
Consent
9. Consider directing staff to prepare and file the Fiscal Year 2023-24 Engineer’s Annual Report for City of Modesto Landscape Maintenance Assessment District No. 2 (Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision and Yosemite Meadows Subdivisions Units 1 and 2). (Funding Source: Landscape Maintenance Assessment District No. 2)
Resolution directing staff to prepare and file the Fiscal Year 2023-24 Engineer’s Annual Report for City of Modesto Landscape Maintenance Assessment District No. 2 (Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision and Yosemite Meadows Subdivisions Units 1 and 2).
CED; Peter Ibrahim, 209-577-5321, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2023-071 directing staff to prepare and file the Fiscal Year 2023-24 Engineer’s Annual Report for City of Modesto Landscape Maintenance Assessment District No. 2 (Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision and Yosemite Meadows Subdivisions Units 1 and 2).
Consent
10. Consider directing staff to prepare and file the Fiscal Year 2023-24 Engineer’s Annual Report for City of Modesto Shackelford Landscape and Lighting District. (Funding Source: Shackelford Landscape and Lighting District)
Resolution directing staff to prepare and file the Fiscal Year 2023-24 Engineer’s Annual Report for City of Modesto Shackelford Landscape and Lighting District.
CED; Peter Ibrahim, 209-577-5321, [email protected], - 5 -
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ACTION: (Wright/Williams; 7/0) Resolution 2023-072 directing staff to prepare and file the Fiscal Year 2023-24 Engineer’s Annual Report for City of Modesto Shackelford Landscape and Lighting District.
Removed from Consent
Consent
11. Consider approving the Citywide Risk Assessment prepared by Sjoberg Evashenk Consulting, Inc.. (Funding Source: General Fund)
Resolution approving the Citywide Risk Assessment prepared by Sjoberg Evashenk Consulting, Inc..
FINANCE DEPARTMENT; DeAnna Christensen, 209-577-5387,
[email protected]
ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2023-073 approving the Citywide Risk Assessment prepared by Sjoberg Evashenk Consulting, Inc.
Consent
12. Consider approving an increase for purchases from Amazon Business Marketplace pursuant to OMNIA Cooperative Contract with Prince William County Schools for an Online Marketplace for Products by the annual estimated amount of $205,000, for a revised annual estimated cost of $380,000, for a total revised amount not to exceed $2,417,581 over eight years. (Funding Source: Various Funds) Resolution approving an increase for purchases from Amazon Business Marketplace pursuant to OMNIA Cooperative Contract with Prince William County Schools for an Online Marketplace for Products by the annual estimated amount of $205,000, for a revised annual estimated cost of $380,000, for a total revised amount not to exceed $2,417,581 over eight years; and authorizing the City Manager or his designee to execute the Participating Addendum.
FINANCE DEPARTMENT; DeAnna Christensen, 209-577-5387,
[email protected]
ACTION: (Wright/Williams; 7/0) Resolution 2023-074 approving an increase for purchases from Amazon Business Marketplace pursuant to OMNIA Cooperative Contract with Prince William County Schools for an Online Marketplace for Products by the annual estimated amount of $205,000, for a revised annual estimated cost of $380,000, for a total revised amount not to exceed $2,417,581 over eight years; and authorizing the City Manager or his designee to execute the Participating Addendum.
Consent
13. Consider approving the Award of Proposal and Agreements to Public Financial Management (PFM) Financial Advisors LLC, San Francisco, California, for Municipal Advisory Services and PFM Swap Advisors LLC, San Francisco, California, for Annual Derivative Valuation Report for a total amount not to exceed $900,000 over the six years, rescinding Resolution 2022-335. (Funding Source: Various Funds) Resolution approving the Award of Proposal and Agreements to Public - 6 -
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Financial Management (PFM) Financial Advisors LLC, San Francisco, California, for Municipal Advisory Services and PFM Swap Advisors LLC, San Francisco, California, for Annual Derivative Valuation Report for a total amount not to exceed $900,000 over the six years, rescinding Resolution 2022- 335; and authorizing the City Manager or his designee to execute the Agreement.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2023-075 approving the Award of Proposal and Agreements to Public Financial Management (PFM) Financial Advisors LLC, San Francisco, California, for Municipal Advisory Services and PFM Swap Advisors LLC, San Francisco, California, for Annual Derivative Valuation Report for a total amount not to exceed $900,000 over the six years, rescinding Resolution 2022- 335; and authorizing the City Manager or his designee to execute the Agreement.
Consent
14. Consider approving updated pricing for three bid events for Fleet Replacement Vehicles by $110,217. (Funding Source: Fleet Replacement Fund) 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: (Wright/Williams; 7/0) Resolution 2023-076 approving an increase to the amount for the purchase of One Low-Profile 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.
ACTION: (Wright/Williams; 7/0) Resolution 2023-077 approving an increase to the amount for the purchase of Seven One-Ton 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, - 7 -
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or her designee, to update the Purchase Order.
ACTION: (Wright/Williams; 7/0) Resolution 2023-078 approving an increase to the amount for the purchase of six One-Ton 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.
Consent
15. Consider approving the Audited Financial Statements and various audit reports for Fiscal Year 2021-2022, audited by external auditors Hudson Henderson & Company, Inc. for the City’s Annual Comprehensive Financial Report (ACFR), twelve (12) Community Facilities Districts (CFDs), Measure L, Single Audit, and other Miscellaneous Programs and Joint Power Agencies. (Funding Source: Not Applicable) Resolution approving the Audited Financial Statements and various audit reports for Fiscal Year 2021-2022 audited by external auditors Hudson Henderson & Company, Inc. for the City’s Annual Comprehensive Financial Report (ACFR), twelve (12) Community Facilities Districts (CFDs) and other Miscellaneous Programs and Joint Power Agencies.
Resolution approving the audited Fiscal Year 2021-2022 Federal Single Audit report for the City of Modesto from external auditors Hudson Henderson & Company, Inc.
Resolution approving the Fiscal Year 2021-2022 Auditor’s Report on compliance of the Measure L: Local Roads First Transportation Funding Measure.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Wright/Williams; 7/0) Resolution 2023-079 approving the Audited Financial Statements and various audit reports for Fiscal Year 2021-2022 audited by external auditors Hudson Henderson & Company, Inc. for the City’s Annual Comprehensive Financial Report (ACFR), twelve (12) Community Facilities Districts (CFDs) and other Miscellaneous Programs and Joint Power Agencies.
ACTION: (Wright/Williams; 7/0) Resolution 2023-080 approving the audited Fiscal Year 2021-2022 Federal Single Audit report for the City of Modesto from external auditors Hudson Henderson & Company, Inc.
ACTION: (Wright/Williams; 7/0) Resolution 2023-081 approving the Fiscal Year 2021-2022 Auditor’s Report on compliance of the Measure L: Local Roads First Transportation Funding Measure.
Consent
16. Consider approving an increase of the Director’s Authority of contingency amount of $74,455 with Gruendel Inc. DBA Ray’s Electric in an amount not to exceed $148,910 for the Rectangular Rapid Flashing Beacon Installation Project. (Funding Source:
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Measure L Road Tax Fund)
Resolution approving an increase in the Director’s Authority to issue Change Orders for the Rectangular Rapid Flashing Beacon Installation Project from 10% ($74,455) to 20% ($148,910) of the construction contract price to Gruendel Inc. DBA Ray’s Electric of Oakland, CA in an amount not to exceed $148,910.
PUBLIC WORKS; James Ashby, 209-571-5116, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2023-082 approving an increase in the Director’s Authority to issue Change Orders for the Rectangular Rapid Flashing Beacon Installation Project from 10% ($74,455) to 20% ($148,910) of the construction contract price to Gruendel Inc. DBA Ray’s Electric of Oakland, CA in an amount not to exceed $148,910.
Consent
17. Consider approving the Plans and Specifications for the La Loma Phase 3A Strengthen & Replace Water Mains Project; accepting the Bid and Awarding a Construction Contract to United Pavement Maintenance, Inc., of Hughson, CA, in the amount of $6,229,282, plus $622,928 for contingency (if needed), for a total amount not to exceed $6,852,210; authorizing the increase in Director’s Authority from 8% ($498,343) to 10% ($622,928) of the construction contract price of $6,229,282 to issue Change Orders; and amending the Fiscal Year 2022-23 Capital Improvement Program Budget in the amount of $2,379,021. (Funding Source: Water Fund) Resolution approving Plans and Specifications for the La Loma Phase 3A Strengthen & Replace Water Mains Project, accepting the Bid, and approving a Construction Contract with United Pavement Maintenance Inc., of Hughson, CA, in the amount of $6,229,282, plus $622,928 in contingency (if needed), for a total amount not to exceed $6,852,210 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 La Loma Phase 3A Strengthen & Replace Water Mains Project from 8% ($498,343) to 10% ($622,928) of the construction contract amount of $6,229,282 with United Pavement Maintenance Inc., of Hughson, CA. Resolution amending the Fiscal Year 2022-23 Capital Improvement Program Budget in the amount of $2,379,021 to be transferred into the Project from Water Fund Reserves in order to fund the Construction Phase of the La Loma Phase 3A Strengthen & Replace Water Mains Project.
UTILITIES; Edgar Vargas, 209-577-5424, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2023-083 approving Plans and Specifications for the La Loma Phase 3A Strengthen & Replace Water Mains Project, accepting the Bid, and approving a Construction Contract with United Pavement Maintenance Inc., of Hughson, CA, in the amount of $6,229,282, plus $622,928 in contingency (if needed), for a total amount not to exceed $6,852,210 and authorizing the City Manager, or his designee, to execute the Agreement. - 9 -
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ACTION: (Wright/Williams; 7/0) Resolution 2023-084 authorizing an increase in the Director’s Authority to issue Change Orders for the La Loma Phase 3A Strengthen & Replace Water Mains Project from 8% ($498,343) to 10% ($622,928) of the construction contract amount of $6,229,282 with United Pavement Maintenance Inc., of Hughson, CA.
ACTION: (Wright/Williams; 7/0) Resolution 2023-085 amending the Fiscal Year 2022-23 Capital Improvement Program Budget in the amount of $2,379,021 to be transferred into the Project from Water Fund Reserves in order to fund the Construction Phase of the La Loma Phase 3A Strengthen & Replace Water Mains Project.
Consent
18. Consider approving the increase of a Purchase Order (PO) for Bay City Electric Works, Poway, CA, for the Rental of a Standby Generator for an amount not to exceed $202,040. (Funding Source: Sewer Operation Fund)
Resolution approving the increase of a Purchase Order with Bay City Electric Works, Poway, CA, for the Rental of a Standby Generator by $162,126 from $39,914 for a revised total amount not to exceed $202,040, and authorizing the Purchasing Manager, or her designee to increase the Purchase Order.
UTILITIES; Jason Farnsworth, 209-577-6255, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2023-086 approving the increase of a Purchase Order with Bay City Electric Works, Poway, CA, for the Rental of a Standby Generator by $162,126 from $39,914 for a revised total amount not to exceed $202,040, and authorizing the Purchasing Manager, or her designee to increase the Purchase Order.
COUNCIL COMMENTS & REPORTS
Council Member Wright reported that he along with Council Members Bavaro, Ricci and Alvarez attended the mountain bike race at Tuolumne River Regional Park. There were many out of towners that attended and about 700 to 800 people were in attendance. It was a great event.
Vice Mayor Ricci reported that the Sun Dial on McHenry Avenue might become a mental health facility. Although he thinks the City needs more of these facilities, he does think they need to balance the location and try to come up with a more planned vision for the future. He also reported on some of the Measure H improvements coming into the City. Lastly, he wanted to comment about some of the comments about the Police Department and reported on the work that the City Council and the Police Department have done together such as the approval of Forward Together. He further reported on the other programs put into place such as an alternative response model, like CHAT and the parks ranger program. This Council is trying to help improve the community and improve the relationship with the Police Department. - 10 -
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Council Member Williams reported on events he attended over the weekend. This past Friday, he attended a Black History Month program at King Kennedy Center. Another event attended was a Change the Culture rally that was a positive rally. Council Members Wright, Alvarez and Bavaro also stopped by. It was a nice time to get together with the community and talk about positive things with the Modesto Police. Saturday evening, he attended a Martin Luther King, Jr.
Commemoration event at the MJC, where Michael Baldwin, was their guest speaker. Mayor Zwahlen, Council Member Escutia-Braaton and Vice Mayor Ricci was also in attendance. He also reported that applications for the Measure H Committee are being accepted.
Council Member Bavaro clarified his comments during the meeting. In addition, he is very proud of the Police Chief and members of the Modesto Police Department. They are honorable people who are protecting the community, neighborhoods, and it's a very difficult job to do.
He’s been on ride-alongs with the gang unit, the traffic patrol and with park rangers, and has seen nothing but respect and honor from them. He stands with the Modesto Police Department.
Council Member Alvarez reported that this past Saturday, he along with Mayor Zwahlen and Council Member Bavaro attended the Modesto Cruisers Council Classic Coffee and Cops event designed to build bridges to break down barriers between cultures. He also wanted to let his constituents and the public know that the City is still looking to accept applicants to serve on the Measure H Oversight Board. He encourages folks from District 2 to apply.
Mayor Zwahlen highlighted one of the many events she has recently participated in. She was invited to attend the birthday of Wesley Hall who turned 100. Mr. Hall is a World War II Veteran and served in Stanislaus County for 75 years. It was a delightful experience. He expressed to her how much he appreciated the Council’s service, and how Modesto is improving.
This morning, she along with many of the Council Members attended the memorial recognition of Larry Crom. He was a member of the Modesto Police Department that in 1971 while on duty was hit by a drunk driver. He suffered a traumatic brain injury and died many years later, but from the effects of that injury. She is grateful that they were able to recognize and honor officers that have given the ultimate sacrifice and is grateful for them.
CITY MANAGER COMMENTS & REPORTS
None
NEW BUSINESS
19. Consider accepting Mayor Sue Zwahlen’s Budget Message per Charter Section 1302.1 for the upcoming Fiscal Year 2023-24 budget year. (Funding Source: Not Applicable) Motion to accept Mayor Sue Zwahlen’s Budget Message per Charter Section 1302.1 for the upcoming Fiscal Year 2023-24 budget year.
BUDGET; Steve Christensen, 209-577-5390, [email protected] ACTION: (Wright/Williams; 7/0) Motion to accept Mayor Sue Zwahlen’s Budget Message per Charter Section 1302.1 for the upcoming Fiscal Year 2023-24 budget - 11 -
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year.
20. Consider approving the Purchase of a GippsAero GA8 airplane from CNC Technologies, Oak Park, CA for a total amount not to exceed $741,578. (Funding Source: Traffic Safety Fund and State Law Enforcement Supplemental Fund) Resolution approving the Purchase of a GippsAero GA8 airplane from CNC Technologies, Oak Park, CA for a total amount not to exceed $741,578, and authorizing the City Manager, or his designee, to execute the Agreement and other necessary documents.
POLICE; Ivan Valencia, 209-572-9500, [email protected] ACTION: (Escutia-Braaton/Alvarez; 7/0) Resolution 2023-087 approving the Purchase of a GippsAero GA8 airplane from CNC Technologies, Oak Park, CA for a total amount not to exceed $741,578, and authorizing the City Manager, or his designee, to execute the Agreement and other necessary documents.
MATTERS TOO LATE FOR THE AGENDA
None
ADJOURNMENT
This meeting adjourned at 7:52 p.m.
Attest:____________________________
Diane Nayares-Perez, City Clerk