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Minutes

Modesto City Council
June 6, 2023

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Minutes
Meeting
June 6, 2023
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Modesto City Council
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6/6/2023 5:30:00 PM
*Via Teleconference
Councilmember Escutia-Braaton
Westin Book Cadillac Hotel (Lobby)
1114 Washington Blvd.

Detroit, MI 48226

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, June 06, 2023 at 5:30 PM
Roll Call – Present: Councilmembers, Bavaro, *Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen

Absent: Councilmember Alvarez
Pledge of Allegiance to the Flag
Invocation: Carlos Gonzalez, City Ministry Network
City Clerk’s Announcements: None
Declaration of Conflicts of Interest: None
Reports from Closed Session: Mayor Zwahlen reported that during today's closed session, the City council conducted the City Managers performance evaluation. The Council highly values City Manager Lopez and concluded that he is doing an excellent job. The Mayor and Council look forward to another successful year working in partnership with Mr. Lopez and his dedicated team.
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6/6/2023 5:30:00 PM

ACKNOWLEDGEMENTS AND PRESENTATIONS

1. Certificate of Recognition recognizing Lee Herrick, previous City of Modesto Poet Laureate, and recently appointed State of California’s Poet Laureate. (Funding Source:

Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]
ACTION: Mayor Zwahlen presented Certificate of Recognition recognizing Lee Herrick recently appointed State of California’s Poet Laureate.

2. Proclamation declaring June 2023 as LGBTQ+ Pride Month (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]
ACTION: Mayor Zwahlen presented Proclamation declaring June 2023 as LGBTQ+ Pride Month.

MISCELLANEOUS

3. Consider approving the reappointments of Brock Wiley, Alan Falconer and Carrie Miller to the Entertainment Commission for a second four-year term with term expirations of June 30, 2027. (Funding Source: Not Applicable) Staff Recommendation:
 Resolution approving the reappointments of Brock Wiley, Alan Falconer and Carrie Miller to the Modesto Entertainment Commission for an additional fouryear term with term expirations of June 30, 2027.

CED; Jessica Hill, 209-577-5321, [email protected]
ACTION: (Wright/Williams; 6/0; Alvarez absent) Resolution 2023-244 approving the reappointments of Brock Wiley, Alan Falconer and Carrie Miller to the Modesto Entertainment Commission for an additional four-year term with term expirations of June 30, 2027.

4. Consider the reappointments of Theodore Mills, Randy Clark, James Aja, Mike Rego, and Jane Manley to the Measure L Citizen’s Transportation Sales Tax Commission for a second and final four-year term with term expirations of June 30, 2025; and the reappointments of Michael Moradian and Patricia Gillum to the Measure L Citizen’s Transportation Sales Tax Commission for a second and final four-year term with term expirations of June 30, 2027. (Funding Source: Not Applicable) Staff Recommendation:
 Resolution reappointing Theodore Mills, Randy Clark, James Aja, Mike Rego, and Jane Manley to the Measure L Citizen’s Transportation Sales Tax Commission for a second and final four-year term from July 1, 2021 to June 30, 2025; and reappointing Michael Moradian and Patricia Gillum to the Measure L - 3 -
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Citizen’s Transportation Sales Tax Commission for a second and final fouryear term from July 1, 2023 to June 30, 2027.

CED; Toby Wells, 209-571-5542, [email protected]
ACTION: (Williams/Wright; 6/0; Alvarez absent) Resolution 2023-245 reappointing Theodore Mills, Randy Clark, James Aja, Mike Rego, and Jane Manley to the Measure L Citizen’s Transportation Sales Tax Commission for a second and final four-year term from July 1, 2021 to June 30, 2025; and reappointing Michael Moradian and Patricia Gillum to the Measure L Citizen’s Transportation Sales Tax Commission for a second and final four-year term from July 1, 2023 to June 30, 2027.

5. Consider recommending the appointment of Equity Commissioner Lindsey Bird to the Citizen’s Housing and Community Development Committee for a two-year term with a term expiration of May 31, 2025. (Funding Source: Not Applicable) Staff Recommendation:
 Resolution approving the appointment of Equity Commissioner Lindsey Bird to the Citizen’s Housing and Community Development Committee for a two-year term with a term expiration of May 31, 2025.

HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] ACTION: (Wright/Zwahlen; 6/0; Alvarez absent) Resolution 2023-246 approving the appointment of Equity Commissioner Lindsey Bird to the Citizen’s Housing and Community Development Committee for a two-year term with a term expiration of May 31, 2025.

6. Consider accepting the resignation of Pam Giusto from the City of Modesto Golf Courses Advisory Committee. (Funding Source: Not Applicable) Staff Recommendation:
 Resolution accepting the resignation of Pam Giusto from the City of Modesto Golf Courses Advisory Committee.

PRN; Laurie Smith, 209-577-5347, [email protected]
ACTION: (Wright/Ricci; 6/0; Alvarez absent)) Resolution 2023-247 accepting the resignation of Pam Giusto from the City of Modesto Golf Courses Advisory Committee.

PUBLIC COMMENT PERIOD
 Tina Perez-Tateo reported on the events scheduled for Graffiti Week.  Theresa Clutter spoke about the shooting of Paul Chavez. She further suggested that all police officers should carry police officer liability as individuals.  Carol Jay commented that she has lived in this region for 56 years. She spoke about green and blue garbage cans. She stated that the leaves clog the drains and flood the streets. She further commented about homelessness and thefts at the shopping center where her business is located.
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 Brittoni Chavez commented on the shooting of her husband Paul Chavez Jr and spoke about the Modesto Police Department. She asked for accountability.  Nick Blom spoke about adding a sports complex at the Modesto municipal golf course site. He stated that that area is large enough to accommodate a football stadium and housing.
 Patrick spoke about the shooting of Paul Chavez, Jr. He also commented about the Modesto Police Department and further spoke about driving past Yosemite Boulevard and the condition of that area.
 Loretta Carhart spoke about riding buses this week and an incident that occurred with a person smoking at the bus station. She also stated that minors are drinking on the buses.  Ramon Rodriguez commented about Pride Month. He stated that Pride Month is a fight for freedom, equality, and liberation. Some states are passing law taking away civil liberties and rights of LGBTQ community.
 Liberty thanked the Council for making June Pride Month in Modesto. He wanted to suggest the Council read the 1619 project.
 Howard Carman spoke about an incident that occurred at the Salvation Army.

CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS 2-24 (Ricci/Wright; 6/0; Alvarez absent)

CONSENT
Consent

7. Consider approving the minutes from the May 23, 2023 Council Meeting. (Funding Source: Not Applicable)
 Motion approving the minutes from the May 23, 2023 Council Meeting.

CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Ricci/Wright; 6/0; Alvarez absent) Motion approving the minutes from the May 23, 2023 Council Meeting.

Consent

8. Consider approving Final Adoption of Ordinance 3764-C.S. amending Section 2 Of Ordinance No. 2795-C.S. Entitled “An Ordinance Amending Section Map 31-3-9 Of The Zoning Map To Rezone From Low Density Residential Zone, R-1, To Planned Developmt Zone, P-D(487), Property Located On The North Side Of Chicago Avenue Between Frankette And Floreette Avenues West Of Paradise Road (Matthews/Fabian)” (Funding Source: Not Applicable)
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 Motion approving Final Adoption of Ordinance 3764-C.S. amending Section 2 Of Ordinance No. 2795-C.S. Entitled “An Ordinance Amending Section Map 31-3-9 Of The Zoning Map To Rezone From Low Density Residential Zone, R1, To Planned Developmt Zone, P-D(487), Property Located On The North Side Of Chicago Avenue Between Frankette And Floreette Avenues West Of Paradise Road (Matthews/Fabian)”
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Ricci/Wright; 6/0; Alvarez absent) Motion approving Final Adoption of Ordinance 3764-C.S. amending Section 2 Of Ordinance No. 2795-C.S. Entitled “An Ordinance Amending Section Map 31-3-9 Of The Zoning Map To Rezone From Low Density Residential Zone, R-1, To Planned Developmt Zone, P-D(487), Property Located On The North Side Of Chicago Avenue Between Frankette And Floreette Avenues West Of Paradise Road (Matthews/Fabian)”
Consent

9. Consider approving the recommended Budget Adjustments to Fiscal Year 2022-23 Annual Operating and Capital Improvement Program Budgets. (Funding Source:

Various Funds)
 Resolution amending Fiscal Year 2022-23 Annual Operating and Capital Improvement Project Fund Budgets and authorizing the City Manager, to take the necessary steps to implement the provisions of this Resolution.

BUDGET; Steve Christensen, 209-577-5390, [email protected] ACTION: (Ricci/Wright; 6/0; Alvarez absent) Resolution 2023-248 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

10. Consider accepting an Informational Report for the April 2023 Accounts Payable Payment Register and Void Report. (Funding Source: Not Applicable)  Motion accepting an Informational Report for the April 2023 Accounts Payable Payment Register and Void Report.

FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Ricci/Wright; 6/0; Alvarez absent) Motion accepting an Informational Report for the April 2023 Accounts Payable Payment Register and Void Report.

Consent

11. Consider accepting the Monthly Investment Report for March 2023 (Funding Source:

Various Funds)
 Motion accepting the Monthly Investment Report for March 2023.

FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
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ACTION: (Ricci/Wright; 6/0;Alvarez absent) Motion accepting the Monthly Investment Report for March 2023.

Consent

12. Consider approving a change in the interest rate index for the Modesto Irrigation District Financing Authority Domestic Water Project Revenue Bonds, Series 2007F and the related interest rate swap; and authorizing the payment of costs. (Funding Source: Water Fund)
 Resolution of the City Council of the City of Modesto approving a change in the interest rate for the Modesto Irrigation District Financing Authority Domestic Water Project Revenue Bonds, Series 2007F and the related interest rate swap; and authorizing the payment of costs associated therewith.

FINANCE DEPARTMENT; DeAnna Christensen, 209-577-5387,
[email protected]
ACTION: (Ricci/Wright; 6/0;Alvarez absent) Resolution 2023-249 of the City Council of the City of Modesto approving a change in the interest rate for the Modesto Irrigation District Financing Authority Domestic Water Project Revenue Bonds, Series 2007F and the related interest rate swap; and authorizing the payment of costs associated therewith.

Consent

13. Consider approving payment of various Equipment Maintenance Agreements for Fiscal Year 2023-2024 with multiple equipment manufacturers for all City Departments, for an annual cost not to exceed $896,155; and authorizing the City Manager, or his designee to execute Equipment Maintenance Agreements associated with the items in Exhibit B – Fiscal Year 2023-2024 Equipment Maintenance Agreements (more than $50,000). (Funding Source: Various Funds)
 Resolution approving payment of various Equipment Maintenance Agreements for Fiscal Year 2023-2024 with multiple equipment manufacturers for all City Departments, for an annual estimated cost not to exceed $896,155; and authorizing the City Manager, or his designee, to execute Equipment Maintenance Agreements associated with the items in Exhibit B – Fiscal Year 2023-2024 Equipment Maintenance Agreements (more than $50,000).

FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] ACTION: (Ricci/Wright; 6/0; Alvarez absent)) Resolution 2023-250 approving payment of various Equipment Maintenance Agreements for Fiscal Year 2023-2024 with multiple equipment manufacturers for all City Departments, for an annual estimated cost not to exceed $896,155; and authorizing the City Manager, or his designee, to execute Equipment Maintenance Agreements associated with the items in Exhibit B – Fiscal Year 2023-2024 Equipment Maintenance Agreements (more than $50,000).

Consent
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14. Consider approving the City’s Pandemic Recovery Strategy, Modesto Forward, for the reallocation of American Rescue Plan Act (ARPA) Funds defined under Exhibit A. (Funding Source: American Rescue Plan Act Funds)
 Resolution approving the City’s Pandemic Recovery Strategy, Modesto Forward, for the reallocation of American Rescue Plan Act Funds defined under Exhibit A and authorizing the City Manager, or his designee, to carry out the necessary steps to implement the programs and funding allocation.

FINANCE DEPARTMENT; DeAnna Christensen, 209-577-5387,
[email protected]
ACTION: (Ricci/Wright; 6/0; Alvarez absent) Resolution 2023-251 approving the City’s Pandemic Recovery Strategy, Modesto Forward, for the reallocation of American Rescue Plan Act Funds defined under Exhibit A and authorizing the City Manager, or his designee, to carry out the necessary steps to implement the programs and funding allocation.

Consent

15. Consider approving the Fiscal Year 2023-2024 Appropriation Limit, which is an annual spending limit calculation that identifies the maximum amount of appropriations for publicly funded programs. (Funding Source: Not Applicable)  Resolution establishing the Appropriation Limit for the Fiscal Year 2023-2024 Annual Budget.

FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Ricci/Wright; 6/0;Alvarez absent) Resolution 2023-252 establishing the Appropriation Limit for the Fiscal Year 2023-2024 Annual Budget.

Consent

16. Consider approving the payment of Software Maintenance Support Agreements for Fiscal Year 2023-2024 for a total amount not to exceed $6,435,813. (Funding Source:

Information Technology Fund and Various Funds)
 Resolution approving the payment of Software Maintenance Support Agreements for Fiscal Year 2023-2024 for a total amount not to exceed $6,435,813; and authorizing the City Manager, or his designee to execute routine Renewal Agreements associated with the items in Exhibit A and Exhibit B - Software Maintenance Support Agreements for Fiscal Year 2023-2024.

IT; Scott Conn, 209-577-5229, [email protected]
ACTION: (Ricci/Wright; 6/0;Alvarez absent) Resolution 2023-253 approving the payment of Software Maintenance Support Agreements for Fiscal Year 2023-2024 for a total amount not to exceed $6,435,813; and authorizing the City Manager, or his designee to execute routine Renewal Agreements associated with the items in Exhibit A and Exhibit B - Software Maintenance Support Agreements for Fiscal Year 2023- 2024.
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Consent

17. Consider affirming the City's in-kind sponsorships identified in Administrative Directive 3.6 and approving Community and Special Event Sponsorships with direct contributions to the King-Kennedy Memorial Center Board of Directors (increase), National Association for the Advancement of Colored People Modesto/Stanislaus Branch, The Hot Wheels Foundation of Modesto, CA, West Modesto Community Collaborative, Downtown Modesto Partnership, The Miracle League of Stanislaus County, and Veterans in Community Advocacy. (Funding Source: General Fund)  Resolution affirming the City’s in-kind sponsorships identified in Administrative Directive 3.6 and approving Community and Special Event Sponsorships and direct contributions to the King-Kennedy Memorial Center Board of Directors (increase), National Association for the Advancement of Colored People Modesto/Stanislaus Branch, The Hot Wheels Foundation of Modesto, CA, West Modesto Community Collaborative, Downtown Modesto Partnership, The Miracle League of Stanislaus County, and Veterans in Community Advocacy.

PRN; Laurie Smith, 209-577-5347, [email protected]
ACTION: (Ricci/Wright; 6/0; Alvarez absent) Resolution 2023-254 affirming the City’s in-kind sponsorships identified in Administrative Directive 3.6 and approving Community and Special Event Sponsorships and direct contributions to the KingKennedy Memorial Center Board of Directors (increase), National Association for the Advancement of Colored People Modesto/Stanislaus Branch, The Hot Wheels Foundation of Modesto, CA, West Modesto Community Collaborative, Downtown Modesto Partnership, The Miracle League of Stanislaus County, and Veterans in Community Advocacy.

Consent

18. Consider approving the First Amendment to the Lease Agreement with Del Rio CC Foundation, of Modesto, CA, for lease of property located on Roselawn Avenue (APNs 037-036-007 and 037-051-001) for operation of First Tee Youth Programming. (Funding Source: Not Applicable)
 Resolution approving the First Amendment to the Lease Agreement with Del Rio CC Foundation, of Modesto, CA, for lease of property located on Roselawn Avenue (APNs 037-036-007 and 037-051-001) for operation of First Tee Youth Programming, and authorizing the City Manager or his designee to execute the Amendment.

PRN; Laurie Smith, 209-577-5347, [email protected]
ACTION: (Ricci/Wright; 6/0; Alvarez absent) Resolution 2023-255 approving the First Amendment to the Lease Agreement with Del Rio CC Foundation, of Modesto, CA, for lease of property located on Roselawn Avenue (APNs 037-036-007 and 037- 051-001) for operation of First Tee Youth Programming, and authorizing the City Manager or his designee to execute the Amendment.

Consent
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19. Consider approving a First Amendment to the Agreement with Brown and Caldwell, of Rancho Cordova, CA, for Design and Construction Support Services for the Grayson Well 69 (Replacing Well 274) Project for a revised Agreement total amount not to exceed $277,601 and approving an increase in the Director’s Authority to issue Change Orders for the Construction Contract with W.M. Lyles Co, of Fresno, CA from 10% to 15% of the original Construction Contract amount of $2,683,800. (Funding Source:

Water Fund)
 Resolution approving a First Amendment to the Agreement with Brown & Caldwell, of Rancho Cordova, CA, for Design and Construction Support Services for the Grayson Well 69 (Replacing Well 274) Project in the amount of $101,218, for an Agreement total amount not to exceed $277,601; and authorizing the City Manager, or his designee, to execute the Amendment.  Resolution authorizing an increase in the Director’s Authority to issue Change Orders for the Grayson Well 69 (Replacing Well 274) Project from 10% ($268,380) to 15% ($402,570) of the original Construction Contract amount of $2,683,800 with W.M. Lyles Co., of Fresno, CA.
 Resolution amending the Fiscal Year 2022/23 Capital Improvement Program Budget in the amount of $435,408 to be transferred into the project from Water Fund Reserves in order to fund the Grayson Well 69 (Replacing Well 274) Project.

UTILITIES; Pete Kambel, 209-577-5444, [email protected] ACTION: (Ricci/Wright; 6/0; Alvarez absent) Resolution 2023-256 approving a First Amendment to the Agreement with Brown & Caldwell, of Rancho Cordova, CA, for Design and Construction Support Services for the Grayson Well 69 (Replacing Well 274) Project in the amount of $101,218, for an Agreement total amount not to exceed $277,601; and authorizing the City Manager, or his designee, to execute the Amendment.

ACTION: (Ricci/Wright; 6/0; Alvarez absent) Resolution 2023-257 authorizing an increase in the Director’s Authority to issue Change Orders for the Grayson Well 69 (Replacing Well 274) Project from 10% ($268,380) to 15% ($402,570) of the original Construction Contract amount of $2,683,800 with W.M. Lyles Co., of Fresno, CA.

ACTION: (Ricci/Wright; 6/0; Alvarez absent) Resolution 2023-258 amending the Fiscal Year 2022/23 Capital Improvement Program Budget in the amount of $435,408 to be transferred into the project from Water Fund Reserves in order to fund the Grayson Well 69 (Replacing Well 274) Project.

Consent

20. Consider approving a Progressive Design-Build Agreement with TelStar Instruments, Inc. of Concord, CA, for the Supervisory Control and Data Acquisition (SCADA) System Replacement Project for a total amount not to exceed $2,947,531, and approving a Technical Advisor Services Agreement with EMA, Inc., of Tucson, AZ, for a total amount not to exceed $406,663. (Funding Source: Water and Wastewater Fund)
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 Resolution awarding a Progressive Design-Build Agreement with TelStar Instruments, Inc. Concord, CA for the Supervisory Control and Data Acquisition (SCADA) System Replacement Project in the amount of $2,679,574 plus $267,957 in contingency, if needed, for a total amount not to exceed $2,947,531 and authorizing the City Manager, or his designee to execute the Agreement.
 Resolution approving an Agreement with EMA, Inc., Tucson, AZ for Technical Advisor Services in the amount of $369,694 plus $36,969 in contingency, if needed, for a total amount not to exceed $406,663 and authorizing the City Manager, or his designee to execute the Agreement.
 Resolution amending the Fiscal Year 2022-23 Capital Improvement Program Budget in the amount of $6,453,441 to be transferred into the Project from Water and Wastewater Reserves to fund Phase 1 of the Progressive DesignBuild Agreement for the SCADA System Replacement Project and authorizing the City Manager, or his Designee, to implement the provisions of this Resolution.

UTILITIES; Juan Ochoa, 209-577-5423, [email protected] ACTION: (Ricci/Wright; 6/0; Alvarez absent) Resolution 2023-259 awarding a Progressive Design-Build Agreement with TelStar Instruments, Inc. Concord, CA for the Supervisory Control and Data Acquisition (SCADA) System Replacement Project in the amount of $2,679,574 plus $267,957 in contingency, if needed, for a total amount not to exceed $2,947,531 and authorizing the City Manager, or his designee to execute the Agreement.

ACTION: (Ricci/Wright; 6/0; Alvarez absent) Resolution 2023-260 approving an Agreement with EMA, Inc., Tucson, AZ for Technical Advisor Services in the amount of $369,694 plus $36,969 in contingency, if needed, for a total amount not to exceed $406,663 and authorizing the City Manager, or his designee to execute the Agreement.

ACTION: (Ricci/Wright; 6/0; Alvarez absent) Resolution 2023-261 amending the Fiscal Year 2022-23 Capital Improvement Program Budget in the amount of $6,453,441 to be transferred into the Project from Water and Wastewater Reserves to fund Phase 1 of the Progressive Design-Build Agreement for the SCADA System Replacement Project and authorizing the City Manager, or his Designee, to implement the provisions of this Resolution.

Consent

21. Consider approving a Sole Source Agreement with Westlake Corporation, Houston, TX, for the procurement of Accu-Tab Chlorination Tablets and related equipment for a total amount not to exceed $650,000 over five years. (Funding Source: Water Fund)  Resolution approving a Sole Source Agreement with Westlake Corporation, Houston, TX, for the procurement of Accu-Tab Chlorination Tablets and Systems, and related equipment for an estimated annual amount of $125,000, and a total not to exceed $650,000 over five years, authorizing the Director of Finance or her designee the ability to add parts based on the department’s - 11 -
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needs, ensuring the total amount does not exceed the authorized total, and authorizing the City Manager or his designee to execute the Agreement.

UTILITIES; Jeff Daniels, 209-342-4585, [email protected] ACTION: (Ricci/Wright; 6/0;Alvarez absent) Resolution 2023-262 approving a Sole Source Agreement with Westlake Corporation, Houston, TX, for the procurement of Accu-Tab Chlorination Tablets and Systems, and related equipment for an estimated annual amount of $125,000, and a total not to exceed $650,000 over five years, authorizing the Director of Finance or her designee the ability to add parts based on the department’s needs, ensuring the total amount does not exceed the authorized total, and authorizing the City Manager or his designee to execute the Agreement.

Consent

22. Consider approving renaming Modesto’s Water Quality Control Facilities to City of Modesto Regional Water Recycling Facility Sutter Campus and City of Modesto Regional Water Recycling Facility Jennings Campus. (Funding Source: Sewer Operations Fund)
 Resolution approving renaming Modesto’s Water Quality Control Facilities to the City of Modesto Regional Water Recycling Facility Sutter Campus and the City of Modesto Regional Water Recycling Facility Jennings Campus.

UTILITIES; Jason Farnsworth, 209-577-6255, [email protected] ACTION: (Ricci/Wright; 6/0; Alvarez absent) Resolution 2023-263 approving renaming Modesto’s Water Quality Control Facilities to the City of Modesto Regional Water Recycling Facility Sutter Campus and the City of Modesto Regional Water Recycling Facility Jennings Campus.

Consent

23. Consider approving the Purchase of a Closed-Circuit Television (CCTV) Camera and Transporter from Rapidview LLC, Rochester, IN, under the authorized dealer Jack Doheny Company (JDC), Northville, MI, for a total amount not to exceed $88,161. (Funding Source: Sewer Operations Fund)
 Resolution approving the Competitive Bidding Process from Sourcewell (formerly National Joint Powers Alliance), with RapidView LLC, Rochester, IN, under the authorized dealer Jack Doheny Company, Northville, MI, for a Closed-Circuit Television (CCTV) Camera and Transporter for a total amount not to exceed $88,161; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.

UTILITIES; Jason Farnsworth, 209-577-6255, [email protected] ACTION: (Ricci/Wright; 6/0; Alvarez absent) Resolution 2023-264 approving the Competitive Bidding Process from Sourcewell (formerly National Joint Powers Alliance), with RapidView LLC, Rochester, IN, under the authorized dealer Jack Doheny Company, Northville, MI, for a Closed-Circuit Television (CCTV) Camera and Transporter for a total amount not to exceed $88,161; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order. - 12 -
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Consent

24. Consider approving the Sale of Asset # 20155-00, JWC Compactor with Auger and Grinder, to the City of Manteca for $6,500. (Funding Source: Sewer Operations Fund)  Resolution approving the Sale of Asset # 20155-00, JWC Compactor with Auger and Grinder, to the City of Manteca for $6,500.

UTILITIES; Jason Farnsworth, 209-577-6255, [email protected] ACTION: (Ricci/Wright; 6/0; Alvarez absent) Resolution 2023-265 approving the Sale of Asset # 20155-00, JWC Compactor with Auger and Grinder, to the City of Manteca for $6,500.

COUNCIL COMMENTS & REPORTS
Councilmember Wright reported that Graffiti Week is all this week. He has the privilege tomorrow morning to pick up Mackenzie Phillips from Sacramento Airport. She is a guest of honor and will be the Grand Marshal.

Councilmember Bavaro reported that the councilmembers and the mayor receive a lot of calls from constituents concerning issues in the district seeking assistance. He received a call from a constituent that complemented the Public Works Department. The constituent had a particular issue and reached out to Public Works. Public Works staff went out the same day and took care of the issue. This was the first time he received a call from a constituent calling to thank the City and staff. In addition, last Friday he participated in a ride along with the K-9 unit. K-9 Officer Lockridge and his partner were very professional and courteous in their interactions with people.

Councilmember Williams reported last week was Memorial Day weekend. On Monday he had the privilege to be in the presence of some of those that served in the five branches as they took time to reflect on those who gave the ultimate sacrifice and that was their lives. He asked for a moment of silence in their honor. He also thanked the City of Modesto for always supporting the North Modesto Kiwanis Club. He has been a member for over 20 years and it’s a wonderful thing to see that the City rallies behind the good things that take place in the community. He also stated that he is looking forward to Graffiti Week events and reported that information can be found online at northmodestokiwanis.com. They do want to have a safe and event.

Vice Mayor Ricci reported that improving the City’s parks is his priority. He wants to see parks transformed from being unused spaces, or kind of homeless day camps to parks that are used throughout the City for things like food trucks, outdoor patio bistros, farmers markets, etc. He is looking forward to working with staff on trying to put some of these new ideas forward to make parks better utilized community spaces. He also reported that he is pleased to see that an abandoned commercial building ordinance will be heading to committee this month. Pride Month was celebrated today, but Mo Band is also launching on Thursday, and it will run every Thursday through mid-July at Graceda Park. He will also participate in the annual Graffiti Parade.

Councilmembers Escutia-Braaton reported she is attending remotely and is presently in Detroit Michigan attending a national conference and board meeting for the National Association of - 13 -
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Regional Councils. They are addressing multiple issues, important to our region, and definitely, important to Modesto, as well as issues, such as transportation, safety greenhouse gas strategies, how to address public safety and emerging emergency management response systems. She was a panel member speaking about the subject of effectively communicating your city’s values uniqueness and qualities through rebranding and storytelling. In addition, to this trip, since the last time the Council convened, she attended an opening for a multiple unit of living space that's happening in Northern Modesto. She also met with developers wishing to add more than 500 units of Housing and East Modesto.

Mayor Zwahlen reported that on Memorial Day she was able to honor our Veterans at Acacia Memorial Park with Police Chief Brandon Gillespie. Councilmember Williams also attended.

She encouraged people to attend the memorial. It’s just a nice and wonderful remembrance of those who truly did give the ultimate sacrifice. She also reported attending the McHenry Village car show. There were about 500 cars there. She goes every year to make the Mayor's Choice and it's fun. Fire Chief Allen Ernst was also there. She is grateful that City leaders support the community the way that they do.

CITY MANAGER COMMENTS & REPORTS
City Manager Lopez thanked the Mayor and Council for the kind words during his evaluation.

It's truly an honor to be a City to be the City Manager for this wonderful City and to work for such a caring City Council who want to do so much good for our community. This evaluation was specific to him, but it’s really a reflection of a collective effort between the City Manager, Council, and staff. He would be remiss if he didn't acknowledge the tremendous department head team, and the dedicated staff who serve the residents each and every day.

HEARINGS
Published in the Modesto Bee on May 26, 2023

25. Hearing to consider and approve the Final Proposed Fiscal Year 2023-24 Operating and Multi-Year Budget and Capital Improvement Program for the City and related Resolutions. (Funding Source: All City Funds)
 Resolution approving the adoption of the Fiscal Year 2023-24 Annual and Multi-Year Operating Budgets and the 2023-24 Capital Improvement Program for the City of Modesto and the related Inter-Fund Transfers.  Resolution approving the Budget Principles, Policy on General Fund Unassigned Carryover Reserves, and the Operating Budget Policy as Outlined in the Fiscal Year 2023-24 Final Proposed Budget.
 Resolution amending the Classification Plan for the City of Modesto to create new classifications and amend existing classifications.  Resolution amending the Position Allocation for Fiscal Year 2023-24 as adopted in the Operating Budget.

BUDGET; Steve Christensen, 209-577-5390, [email protected] ACTION: (Wright/Ricci; 6/0; Alvarez absent) Resolution 2023-266 approving the adoption of the Fiscal Year 2023-24 Annual and Multi-Year Operating Budgets and the - 14 -
6/6/2023 5:30:00 PM
2023-24 Capital Improvement Program for the City of Modesto and the related InterFund Transfers.

ACTION: (Wright/Ricci; 6/0; Alvarez absent) Resolution 2023-267 approving the Budget Principles, Policy on General Fund Unassigned Carryover Reserves, and the Operating Budget Policy as Outlined in the Fiscal Year 2023-24 Final Proposed Budget.

ACTION: (Wright/Ricci; 6/0; Alvarez absent) Resolution 2023-268 amending the Classification Plan for the City of Modesto to create new classifications and amend existing classifications.

ACTION: (Wright/Ricci; 6/0; Alvarez absent) Resolution 2023-269 amending the Position Allocation for Fiscal Year 2023-24 as adopted in the Operating Budget.

MATTERS TOO LATE FOR THE AGENDA
None

ADJOURNMENT
This meeting adjourned at 7:35 p.m.

All Closed Session Matters heard prior to meeting.

CLOSED SESSION

PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Pursuant to Section 54957 of the Government Code)
Title: City Manager

PUBLIC EMPLOYEE APPOINTMENT
(Pursuant to Section 54957(b)(1) 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 - 15 -
6/6/2023 5:30:00 PM
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

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