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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, March 07, 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: Stuart Welch, Life Connection Church
City Clerk’s Announcements: City Clerk reported that Hearing Item No. 13 – Is being moved to future Council Meeting and will be re-noticed.
Declaration of Conflicts of Interest: None
Reports from Closed Session: City Attorney Sanchez reported that no reportable action was taken on the Closed Session items.
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Proclamation declaring March as National Disability Awareness Month. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]
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ACTION: Mayor Zwahlen presented proclamation declaring March as National Disability Awareness Month.
2. Proclamation declaring March as National Women's History Month. (Funding Source:
Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]
ACTION: Mayor Zwahlen presented proclamation declaring March as National Women's History Month.
3. Presentation on the Stanislaus Regional Transit Authority (SRTA) Route Changes by SRTA Chief Executive Officer Adam Barth. (Funding Source: Not Applicable) CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: Presentation on the Stanislaus Regional Transit Authority (SRTA) Route Changes by SRTA Chief Executive Officer Adam Barth.
MISCELLANEOUS
4. Consider accepting the resignation of Maya Ramirez from the City of Modesto’s Equity Commission. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution accepting the resignation of Maya Ramirez from the City of Modesto’s Equity Commission.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] ACTION: (Alvarez/Ricci; 7/0) Resolution 2023-088 accepting the resignation of Maya Ramirez from the City of Modesto’s Equity Commission.
PUBLIC COMMENT PERIOD
Greg Miculinich asked that Council consider including hazard pay for former employees that worked during the pandemic.
Ramon Rodriguez spoke about the COVID pay and asked that it be given to only the front-line pandemic workers. He also spoke about Treavor Also, spoke about Treavor Seever, Paul Chavez and the Modesto Police Department.
Tina Perez Tateo asked Council to lift the ban on cruising. She also referenced AB 436 that was introduced in Sacramento to lift the ban on cruising. Respect Us (Zoom) spoke about respect and the Modesto Police Department. He further commented about comments at the last Council meeting.
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Nassan Sanchez spoke about a recent event - Classic Cars and Coffee event that was hosted by the Cruisers Council to build bridges and break down barriers between cultures and the cruising community. He is looking forward to a discussion about lifting the ban on cruising.
John Williams asked for Justice of Paul Chavez and Treavor Seevor. He mentioned the three names of Paul Chavez's sons. He spoke about the shooting of Paul Chavez. Sebastian Jones spoke about a comment made at past Council meetings. He spoke about his disability and the time allowed for him to speak during public comment. Theresa Clutter spoke about justice for Paul Chavez. She asked for accountability and asked for closure, justice and accountability.
DeAnna Garcia thanked Council for all they do for the City of Modesto. She is the owner of Modesto Cannabis Collective and thanked Council for bringing the cannabis equity program to the City of Modesto. She asked that the tax be lowered soon on cannabis.
Brittony Chavez commented on the shooting of her husband Paul Chavez. She spoke about the officers and EMT on scene during the incident. Dr. Theresa Rojas Professor of English at Modesto Junior College, invited the Council and public to attend Latin Comics Art Festival on March 17-18 at the Modesto Junior College – West Campus.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS 5-12: (Wright/Alvarez; 7/0)
CONSENT
Consent
5. Consider approving the minutes from the February 28, 2023 Council Meeting. (Funding Source: Not Applicable)
Motion approving the minutes from the February 28, 2023 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Alvarez; 7/0) Motion approving the minutes from the February 28, 2023 Council Meeting.
Consent
6. Consider approving the recommended Budget adjustments to Fiscal Year 2022-23 Annual Operating and Capital Improvement Program Budgets. (Funding Source:
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Various Funds)
Resolution amending Fiscal Year 2022-23 Annual Operating and Capital Improvement Project Fund Budgets and authorizing the City Manager, to take the necessary steps to implement the provisions of this Resolution.
BUDGET; Steve Christensen, 209-577-5390, [email protected] ACTION: (Wright/Alvarez; 7/0) Resolution 2023-089 amending Fiscal Year 2022- 23 Annual Operating and Capital Improvement Project Fund Budgets and authorizing the City Manager, to take the necessary steps to implement the provisions of this Resolution.
Consent
7. Consider accepting an Informational Report for the January 2023 Accounts Payable Payment Register and Void Report. (Funding Source: Not Applicable) Motion accepting an Informational Report for the January 2023 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 January 2023 Accounts Payable Payment Register and Void Report.
Consent
8. Consider an Ordinance repealing and replacing Chapter 1 of Title 3 of the Modesto Municipal Code amending the City’s Fire Code to adopt the 2022 California Fire Code. (Funding Source: Not Applicable)
Motion introducing and waiving the first reading of an Ordinance repealing and replacing Chapter 1 of Title 3 of the Modesto Municipal Code amending the City’s Fire Code to adopt the 2022 California Fire Code.
FIRE DEPARTMENT; Darin Jesberg, 209-577-9139, [email protected] ACTION: (Wright/Alvarez; 7/0) Motion introducing and waiving the first reading of an Ordinance 3760-C.S. repealing and replacing Chapter 1 of Title 3 of the Modesto Municipal Code amending the City’s Fire Code to adopt the 2022 California Fire Code.
Consent
9. Consider approving a Lease Agreement for Golf Carts to E-Z-Go a Division of Textron Inc., Mira Loma, CA, for a total amount not to exceed $661,634 over four years. (Funding Source: Golf Fund)
Resolution approving the Award of Bid and Agreement for Rental of Golf Carts to E-Z-Go a Division of Textron Inc., Mira Loma, CA, for four years, for an annual estimated amount of $165,408 and a total amount not to exceed $661,634 over four years; and authorizing the City Manager or his designee to execute the Agreement.
PRN; Laurie Smith, 209-577-5437, [email protected]
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ACTION: (Wright/Alvarez; 7/0) Resolution 2023-090 approving the Award of Bid and Agreement for Rental of Golf Carts to E-Z-Go a Division of Textron Inc., Mira Loma, CA, for four years, for an annual estimated amount of $165,408 and a total amount not to exceed $661,634 over four years; and authorizing the City Manager or his designee to execute the Agreement.
Consent
10. Consider approving an Agreement with Sherwood Design Engineers, LTD. to prepare construction documentation for the Tuolumne River Regional Park (TRRP) Riverwalk Trail - Gateway to Legion Project for a total amount not to exceed $495,689. (Funding Source: Parks and Air Quality Capital Facility Fee Fund, LTF – Non-Motorized Fund, TRRP CIP Fund)
Resolution approving an Agreement with Sherwood Design Engineers, LTD. to prepare construction documentation for the Tuolumne River Regional Park (TRRP) Riverwalk Trail - Gateway to Legion Park Project for an amount of $450,626, plus $45,063 for additional services, if needed, for an Agreement total not to exceed $495,689 and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution amending the Fiscal Year 2022-23 annual Capital Improvement Program project 101232 budget in the amount of $210,241 to increase the project expenditure budget and authorizing the City Manager, or his designee, to take the necessary steps to implement the provisions of this Resolution.
PRN; Nathan Houx, 209-571-5526, [email protected]
ACTION: (Wright/Alvarez; 7/0) Resolution 2023-091 approving an Agreement with Sherwood Design Engineers, LTD. to prepare construction documentation for the Tuolumne River Regional Park (TRRP) Riverwalk Trail - Gateway to Legion Park Project for an amount of $450,626, plus $45,063 for additional services, if needed, for an Agreement total not to exceed $495,689 and authorizing the City Manager, or his designee, to execute the Agreement.
ACTION: (Alvarez; 7/0) Resolution 2023-092 amending the Fiscal Year 2022-23 annual Capital Improvement Program project 101232 budget in the amount of $210,241 to increase the project expenditure budget and authorizing the City Manager, or his designee, to take the necessary steps to implement the provisions of this Resolution.
Consent
11. Consider approving payment to W.C. Maloney, Stockton, CA, for Emergency Work related to the demolition of the Dryden Golf Course Clubhouse, for a total amount not to exceed $74,873. (Funding Source: Golf Fund)
Resolution approving payment to W.C. Maloney, Stockton, CA, for the demolition of the Dryden Clubhouse, for a total amount not to exceed $74,873 and authorizing the Purchasing Manager, or her designee, to issue the payment.
PRN; Nathan Houx, 209-571-5526, [email protected]
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ACTION: (Wright/Alvarez; 7/0) Resolution 2023-093 approving payment to W.C.
Maloney, Stockton, CA, for the demolition of the Dryden Clubhouse, for a total amount not to exceed $74,873 and authorizing the Purchasing Manager, or her designee, to issue the payment.
Consent
12. Consider approving an Agreement with Stanislaus County for City Staff to Perform Engineering Review and Construction Inspection Services relating to the West Modesto County Area 9 Sewer Infrastructure, for an amount not to exceed $225,000. (Funding Source: Capital Improvement Support Fund)
Resolution approving an Agreement with Stanislaus County for City Staff to Perform Engineering Review and Construction Inspection Services for the West Modesto County Area 9 Sewer Infrastructure Project, for an amount not to exceed $225,000, and authorizing the City Manager, or his designee, to execute the Agreement.
UTILITIES; Miguel Alvarez, 209-577-5348, [email protected] ACTION: (Wright/Alvarez; 7/0) Resolution 2023-094 approving an Agreement with Stanislaus County for City Staff to Perform Engineering Review and Construction Inspection Services for the West Modesto County Area 9 Sewer Infrastructure Project, for an amount not to exceed $225,000, and authorizing the City Manager, or his designee, to execute the Agreement.
COUNCIL COMMENTS & REPORTS
Council Member Bavaro commented on his colleague and longtime friend Council Member Williams. He spoke about Council Member Williams strong character and impeccable integrity.
He also made a statement about the inaccurate comments being made about what he said at a past Council Meeting. The video recording of the February 28, 2023, meeting is posted on the City’s YouTube channel to verify exactly what was said.
Vice Mayor Ricci reported on the successful Council Workshop held last week. He spoke about the topics discussed at the workshop. He appreciated the opportunity to work on the City’s strategic plan.
Council Member Williams thanked Councilmember Bavaro for his comments. He reported on events he attended over the weekend. One event attended was at the Sankofa Theatre Company.
He also stated that he shares the same sentiments about a very thorough and enjoyable Council retreat. He thanked the Mayor and City Manager for putting the retreat together.
Council Member Alvarez reported that the City is still accepting applications for the Measure H Oversight Board. He encouraged residents from District 2 to apply. The deadline is March 13.
He announced that the City has a homeowner repair assistance program. The program is possible with funding from ARPA. He reported on his budget priorities and encouraged the public apply to serve on City Commissions, Boards and Committees.
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Mayor Zwahlen also reported on the Council Workshop and stated that the priorities and goals of the collective Council matched up. The priorities also matched with the communities Measure H priorities. She reported on attending the Sankofa Theatre Company event. She also spoke about meeting with retired educators and attending a Modesto Police Department Installation Dinner.
This evening she returned from a Southern California StanCOG conference and has learned a lot.
CITY MANAGER COMMENTS & REPORTS
None
HEARINGS
Published in the Modesto Bee on February 24, 2023 - This item is being moved to future Council Meeting and will be renoticed.
13. Hearing to consider adopting an Ordinance repealing and replacing Section 10-4.115 and Section 10-4.116 of Chapter 4 (Accessory Dwelling Units), and Chapter 8 (Density Bonus) of Title 10, of the City of Modesto Municipal Code (Funding Source: General Fund)
Motion introducing and waiving the first reading of the Ordinance repealing and replacing Section 10-4.115 and Section 10-4.116 of Chapter 4 of Title 10 and Chapter 8 of Title 10 of the City of Modesto Municipal Code.
CED; Diana Lowrance, 209-577-5302, [email protected] NO ACTION TAKEN: This item is being moved to future Council Meeting and will be renoticed.
Published in the Modesto Bee on February 24, 2023
14. Hearing to consider approving the issuance of Bonds by the California Municipal Finance Authority (CMFA) for the benefit of Marple Manor RHF Partners, L.P., a California limited partnership (the “Borrower”), and an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, to provide for the financing of the Project, for the purposes of satisfying the requirements of the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA), the Internal Revenue Code and California Government Code Section 6500, et seq. (Funding Source: Not Applicable) Resolution of the City Council of the City of Modesto pursuant to Section 147(F) of the Internal Revenue Code of 1986 approving the issuance of Multifamily Housing Revenue Bonds by the California Municipal Finance Authority to finance or refinance the acquisition, rehabilitation, improvement and equipping of the Marple Manor Project and certain other matters relating thereto.
FINANCE DEPARTMENT; DeAnna Christensen, 209-577-5387,
[email protected]
ACTION: (Williams/Escutia-Braaton; 7/0) Resolution 2023-095 of the City Council of the City of Modesto pursuant to Section 147(F) of the Internal Revenue Code of 1986 approving the issuance of Multifamily Housing Revenue Bonds by the California Municipal Finance Authority to finance or refinance the acquisition, rehabilitation, - 8 -
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improvement and equipping of the Marple Manor Project and certain other matters relating thereto.
Published in the Modesto Bee on February 24, 2023
15. Hearing to consider approving the issuance of Bonds by the California Municipal Finance Authority (CMFA) for the benefit of Ralston Tower RHF Partners, L.P., a California limited partnership (the “Borrower”), and an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, to provide for the financing of the Project, for the purposes of satisfying the requirements of the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA), the Internal Revenue Code and California Government Code Section 6500, et seq. (Funding Source: Not Applicable) Resolution of the City Council of the City of Modesto pursuant to Section 147(F) of the Internal Revenue Code of 1986 approving the issuance of Multifamily Housing Revenue Bonds by the California Municipal Finance Authority to finance or refinance the acquisition, rehabilitation, improvement and equipping of the Ralston Tower Project and certain other matters relating thereto.
FINANCE DEPARTMENT; DeAnna Christensen, 209-577-5387,
[email protected]
ACTION: (Ricci/Alvarez; 7/0) Resolution 2023-096 of the City Council of the City of Modesto pursuant to Section 147(F) of the Internal Revenue Code of 1986 approving the issuance of Multifamily Housing Revenue Bonds by the California Municipal Finance Authority to finance or refinance the acquisition, rehabilitation, improvement and equipping of the Ralston Tower Project and certain other matters relating thereto.
NEW BUSINESS
16. Consider approving the use of American Rescue Plan Act (ARPA) funds to provide funding for Hazard Pay to employees in the total amount of $6,705,000 and to amend the Fiscal Year 2022-23 Non-Capital Operating Budget to create a Non-Capital Project Budget in the American Rescue Grants Fund (Fund 1390). (Funding Source: ARPA Funds)
Resolution approving the use of American Rescue Plan Act (ARPA) funds to provide funding for Hazard Pay to employees in the total amount of $6,705,000 and to amend the Fiscal Year 2022-23 Non-Capital Operating Budget to create a Non-Capital Project Budget in the American Rescue Grants Fund (Fund 1390); and authorizing the City Manager to carry out the necessary steps to implement the ARPA Funding for Hazard Pay for the intended use described above.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] ACTION: (Zwahlen/Wright; 7/0) Resolution 2023-097 approving the use of American Rescue Plan Act (ARPA) funds to provide funding for Hazard Pay to employees in the total amount of $6,705,000 and to amend the Fiscal Year 2022-23 - 9 -
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Non-Capital Operating Budget to create a Non-Capital Project Budget in the American Rescue Grants Fund (Fund 1390); and authorizing the City Manager to carry out the necessary steps to implement the ARPA Funding for Hazard Pay for the intended use described above.
ACTION: (Escutia-Braaton/Williams) Motion to have Council take the issue of providing hazard to the employees that worked during the time period specified and are no longer employed and retired employees for further discussion. (Council Member Alvarez made a Motion to Amend)
Motion to Amend - Alvarez
ACTION: (Alvarez/Bavaro;4/3; Escutia-Braaton, Williams and Zwahlen-No) Motion to amend the Motion made by Council Member Escutia-Braaton to have the discussion only include retirees.
Motion as Amended
ACTION: (Escutia-Braaton/Williams; 7/0) Motion to have Council take the issue of providing hazard to the employees that worked during the time for retired employees for further discussion.
MATTERS TOO LATE FOR THE AGENDA
None
ADJOURNMENT
This meeting adjourned at 7:25 p.m.
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Closed Session Matters Head Prior to the Meeting
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Two Cases (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: City of Modesto, et al. v. The Dow Chemical Company, et al. (PCE) Superior Court of the State of California
Case No: CGC-98-999345 and CGC-98-999643
Seever et al. v. City of Modesto et al.
United States Eastern District
Case No.: 1:21-cv-01373
CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCEA Negotiator: Christina Alger
Employee Organization: Modesto City Employees Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCMA Negotiator: Christina Alger
Employee Organization: Modesto Confidential & Management Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MPOA Negotiator: Christina Alger
Employee Organization: Modesto Police Officers’ Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MPNSA Negotiator: Christina Alger
Employee Organization: Modesto Police Non-Sworn Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) –MPMA Negotiator: Christina Alger
Employee Organization: Modesto Police Management Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCFFA Negotiator: Christina Alger
Employee Organization: Modesto City Firefighters Association - 11 -
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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