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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, June 27, 2023 at 5:30 PM
Roll Call – Present: Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
Pledge of Allegiance to the Flag
Invocation: Matt Fraze, The Church of Jesus Christ of Latter-Day Saints City Clerk’s Announcements: None
Declaration of Conflicts of Interest: None
Reports from Closed Session: No reportable action.
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Proclamation declaring June as Portuguese Heritage Month. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597, [email protected] ACTION: Mayor Zwahlen presented a proclamation declaring June as Portuguese Heritage Month.
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2. Proclamation declaring July as Parks and Recreation Month. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597, [email protected] ACTION: Mayor Zwahlen presented a proclamation declaring July as Parks and Recreation Month.
MISCELLANEOUS
3. Consider approving the appointments of Alexandra von Stade, Galen Carroll, Kirstie Boyett, Chris Guptill, Mike Kelly, Jesse Franco, Aaron Anguiano, Michael Moradian, and Tom Hallinan for the Measure H Oversight Board beginning June 30, 2023, to serve their respective terms. (Funding Source: Not Applicable) Staff Recommendation:
Resolution approving the appointments of Alexandra von Stade, Galen Carroll, Kirstie Boyett, Chris Guptill, Mike Kelly, Jesse Franco, Aaron Anguiano, Tom Hallinan, and Michael Moradian for the Measure H Oversight Board beginning on June 30, 2023, to serve their respective terms.
BUDGET; Steve Christensen, 209-577-5390, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2023-295 approving the appointments of Alexandra von Stade, Galen Carroll, Kirstie Boyett, Chris Guptill, Mike Kelly, Jesse Franco, Aaron Anguiano, Tom Hallinan, and Michael Moradian for the Measure H Oversight Board beginning on June 30, 2023, to serve their respective terms.
4. Consider approving the appointments of Jennifer Barillas and Camille Garcia for the City of Modesto Public Members of the Audit Committee with four-year terms with term expirations of June 30, 2027. (Funding Source: Not Applicable) Staff Recommendation:
Resolution approving the appointments of Jennifer Barillas and Camille Garcia for the City of Modesto Public Members of the Audit Committee with four-year terms with term expirations of June 30, 2027.
FINANCE DEPARTMENT; DeAnna Christensen, 209-577-5387,
[email protected]
ACTION: (Wright/Alvarez; 7/0) Resolution 2023-296 approving the appointments of Jennifer Barillas and Camille Garcia for the City of Modesto Public Members of the Audit Committee with four-year terms with term expirations of June 30, 2027.
PUBLIC COMMENT PERIOD
Derek Castle spoke regarding the refurbishment of the tennis courts at Graceada Park.
He also spoke regarding an idea for a Safe Sleep Site. His proposal allows the homeless to sleep near the Day Center overnight, until something more suitable is implemented.
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Steve spoke regarding the upcoming Fourth of July holiday, and the different perspectives people may have regarding the meaning of the holiday. He spoke regarding an incident that happened on the 4th of July a year ago, when Officer Mertz and his partner responded to a call for service of a person with mental health issues and knives that resulted in an officer involved shooting. He asked the Council to keep the police accountable.
Ramon Rodriguez spoke regarding parks in West and South Modesto that need to be revitalized. He also expressed support for a stadium and affordable housing at Municipal Golf Course. He also spoke against hate crimes and bigotry against LGBTQ+ community.
Alissia Hager spoke regarding the importance of being healthy. She expressed her feelings regarding the police, and the need for them to have mental health evaluations, as well as training for how to handle people with mental health issues. She expressed concerns regarding the appointments to the Community Police Review Board and Police Auditor and feels there needs to be a safety plan for the police. Brittoni Chavez agreed with the previous speaker, and spoke regarding police issues, and the shooting of Paul Chavez. She asked what the Council is going to do about it. Teresa Clutter spoke regarding the death of her son-in-law Paul Chavez. She expressed the sadness they feel over how their lives have been without him, especially at holidays like Father's Day. She asked for accountability in the police department, and justice for Paul Chavez.
Nico Solorio spoke regarding the Measure H Oversight Committee. He spoke against former Chief of Police; Galen Carroll being appointed on the Measure H Oversight Committee. He feels there will be a conflict of interest. Loretta Carhart spoke regarding the audio in the Chambers. She also asked that the online speakers come down and speak directly to the Council. She also asked if garbage was going to be on the agenda.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS 5-14: (Bavaro/Wright; 7/0)
CONSENT
Consent
5. Consider approving the minutes from the June 13, 2023 Council Meeting. (Funding Source: Not Applicable)
Motion approving the minutes from the June 13, 2023 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Bavaro/Wright; 7/0) Motion approving the minutes from the June 13, - 4 -
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2023 Council Meeting.
Consent
6. Consider an Ordinance amending Section 2-1.18 and adding Section 2-1.28 to Chapter 1 of Title 2 of the Modesto Municipal Code regarding the Audit Committee. (Funding Source: Not Applicable)
Motion introducing and waiving the first reading of an Ordinance amending Section 2-1.18 and adding Section 2-1.28 to Chapter 1 of Title 2 of the Modesto Municipal Code regarding the Audit Committee.
CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected] ACTION: (Bavaro/Wright; 7/0) Motion introducing and waiving the first reading of an Ordinance 3765-C.S. amending Section 2-1.18 and adding Section 2-1.28 to Chapter 1 of Title 2 of the Modesto Municipal Code regarding the Audit Committee.
Consent
7. Consider approving the renewal of eight Commercial Cannabis Retail Permits for dispensaries in the City for a further two-year period ending June 30, 2025; approving a change in ownership policy for Commercial Cannabis Permits within the City of Modesto; and approving changes in ownership for Jonesa, LLC and CV Wellness, LLC. (Funding Source: Cannabis Permit Fees)
Resolution approving a renewal of the eight Commercial Cannabis Retail Permits for dispensaries in the City for a further two-year period ending June 30, 2025.
Resolution approving a change in ownership policy for Commercial Cannabis Permits within the City of Modesto.
Resolution approving a change in ownership for Jonesa, LLC. Resolution approving a change in ownership for CV Wellness, LLC.
CED; Jessica Hill, 209-577-5321, [email protected]
ACTION: (Bavaro/Wright; 7/0) Resolution 2023-297 approving a renewal of the eight Commercial Cannabis Retail Permits for dispensaries in the City for a further two-year period ending June 30, 2025.
ACTION: (Bavaro/Wright; 7/0) Resolution 2023-298 approving a change in ownership policy for Commercial Cannabis Permits within the City of Modesto.
ACTION: (Bavaro/Wright; 7/0) Resolution 2023-299 approving a change in ownership for Jonesa, LLC.
ACTION: (Bavaro/Wright; 7/0) Resolution 2023-300 approving a change in ownership for CV Wellness, LLC.
Consent
8. Consider approving a Will Serve Letter and an Outside Service Agreement for sewer - 5 -
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connection for the property located at 1008 Panama Drive, in unincorporated Stanislaus County just outside of the city limits of Modesto (APN: 030-015-030). (Funding Source: Sewer Fund, General Fund)
Resolution approving a Will Serve letter and an Outside Service Agreement between the City of Modesto and Mr. Benjamin Jimenez, a single man, to connect to the City of Modesto’s existing sewer system for the property located at 1008 Panama Drive (APN: 030-015-030), and authorizing the City Manager, or his designee, to execute the Will Serve Letter and Outside Service Agreement.
CED; Toby Wells, 209-571-5542, [email protected]
ACTION: (Bavaro/Wright; 7/0) Resolution 2023-301 approving a Will Serve Letter and an Outside Service Agreement between the City of Modesto and Mr. Benjamin Jimenez, a single man, to connect to the City of Modesto’s existing sewer system for the property located at 1008 Panama Drive (APN: 030-015-030), and authorizing the City Manager, or his designee, to execute the Will Serve Letter and Outside Service Agreement.
Consent
9. Consider approving the submission of a Grant Application for the Organized Retail Theft Prevention Grant Program to the Board of State and Community Corrections for up to $6.125 million in grant funds. (Funding Source: Grant Funds) Resolution approving the submission of a Grant Application for the Organized Retail Theft Prevention Grant Program to the Board of State and Community Corrections for up to $6.125 million in grant funds, and authorizing the City Manager, or his designee, as agent to execute and submit all documents which may be necessary for the completion of the grant application.
POLICE DEPARTMENT; Bob Meredith, 209-572-9500, [email protected] ACTION: (Bavaro/Wright; 7/0) Resolution 2023-302 approving the submission of a Grant Application for the Organized Retail Theft Prevention Grant Program to the Board of State and Community Corrections for up to $6.125 million in grant funds, and authorizing the City Manager, or his designee, as agent to execute and submit all documents which may be necessary for the completion of the grant application.
Consent
10. Consider approving an Agreement with West Yost Associates, Davis, CA, for Engineering Services for the Pump Station at Jennings Water Quality Control Plant Project for a total amount not to exceed $510,177. (Funding Source: Wastewater Fund) Resolution approving an Agreement with West Yost Associates, Davis, CA, for Engineering Services for the Pump Station at Jennings WQCP Project in the amount of $463,797, plus $46,380 in additional services, if needed, for a total amount not to exceed $510,177 and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution amending the Fiscal Year 2023-24 Capital Improvement Program Budget in the amount of $3,005,177 to be transferred into the Project from - 6 -
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Wastewater Reserves to fund the Pump Station at Jennings Water Quality Control Plant Project and authorizing the City Manager, or his designee, to implement the provisions of the Resolution.
UTILITIES; Cristian Ciotau, 209-577-5260, [email protected] ACTION: (Bavaro/Wright; 7/0) Resolution 2023-303 approving an Agreement with West Yost Associates, Davis, CA, for Engineering Services for the Pump Station at Jennings WQCP Project in the amount of $463,797, plus $46,380 in additional services, if needed, for a total amount not to exceed $510,177 and authorizing the City Manager, or his designee, to execute the Agreement.
ACTION: (Bavaro/Wright; 7/0) Resolution 2023-304 amending the Fiscal Year 2023-24 Capital Improvement Program Budget in the amount of $3,005,177 to be transferred into the Project from Wastewater Reserves to fund the Pump Station at Jennings Water Quality Control Plant Project and authorizing the City Manager, or his designee, to implement the provisions of the Resolution.
Consent
11. Consider approving an Agreement for the furnishing of Cathodic Protection Testing and Reporting Services to Corrpro Companies, Inc., Hayward, CA, for a total amount not to exceed $896,192 over five years. (Funding Source: Sewer Operations Fund) Resolution approving the Award of Bid and Agreement for the furnishing of Cathodic Protection Testing and Reporting Services to Corrpro Companies, Inc., Hayward, CA, for a two year Agreement with three one-year extension options, for an annual estimated amount of $240,000 for the first year, and a total amount not to exceed $896,192 over five years, and authorizing the City Manager, or his designee, to execute the Agreement.
UTILITIES; Jason Farnsworth, 209-577-6255, [email protected] ACTION: (Bavaro/Wright; 7/0) Resolution 2023-305 approving the Award of Bid and Agreement for the furnishing of Cathodic Protection Testing and Reporting Services to Corrpro Companies, Inc., Hayward, CA, for a two year Agreement with three one-year extension options, for an annual estimated amount of $240,000 for the first year, and a total amount not to exceed $896,192 over five years, and authorizing the City Manager, or his designee, to execute the Agreement.
Consent
12. Consider approving a Memorandum of Understanding (MOU) for a Mutual Pay Agreement for the Far-Field Dilution and Constituents of Emerging Concern Studies between the City of Modesto, the City of Turlock and the Del Puerto Water District to comply with State Permit requirements. (Funding Source: Sewer Operations Fund) Resolution approving a Memorandum of Understanding (MOU) for a Mutual Pay Agreement for the Far-Field Dilution and Constituents of Emerging Concern Studies between the City of Modesto, the City of Turlock and the Del Puerto Water District to comply with State Permit requirements and authorizing the City Manager, or his designee, to execute the Agreement. - 7 -
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UTILITIES; Jason Farnsworth, 209-577-6255, [email protected] ACTION: (Bavaro/Wright; 7/0) Resolution 2023-306 approving a Memorandum of Understanding (MOU) for a Mutual Pay Agreement for the Far-Field Dilution and Constituents of Emerging Concern Studies between the City of Modesto, the City of Turlock and the Del Puerto Water District to comply with State Permit requirements and authorizing the City Manager, or his designee, to execute the Agreement.
Consent
13. Consider accepting the Jennings Emergency Bypass as complete, and authorizing all payments to Rain for Rent, Stockton, CA and Americore Inc., Hilmar, CA, for a total cost of $72,820. (Funding Source: Sewer Operations Fund) Resolution accepting the Jennings Emergency Bypass as complete and authorizing all payments totaling $62,973 to Rain for Rent, Stockton, CA, and authorizing all payments totaling $9,847 to Americore Inc., Hilmar, CA, for a total cost not to exceed $72,820, and authorizing the City Manager, or his designee, to implement the provisions of this Resolution.
UTILITIES; Jason Farnsworth, 209-577-6255, [email protected] ACTION: (Bavaro/Wright; 7/0) Resolution 2023-307 accepting the Jennings Emergency Bypass as complete and authorizing all payments totaling $62,973 to Rain for Rent, Stockton, CA, and authorizing all payments totaling $9,847 to Americore Inc., Hilmar, CA, for a total cost not to exceed $72,820, and authorizing the City Manager, or his designee, to implement the provisions of this Resolution.
Consent
14. Consider accepting the Well 71 Surface Improvements Project as complete, releasing securities, and releasing payments totaling $2,511,017 to Conco West, Inc., Manteca, CA. (Funding Source: Water Fund)
Resolution accepting the Well 71 Surface Improvements Project as complete, releasing securities, and releasing payments totaling $2,511,017 to Conco West, Inc., of Manteca, CA. and authorizing the City Clerk to file a Notice of Completion.
UTILITIES; Peter Kambel, 209-577-5444, [email protected] ACTION: (Bavaro/Wright; 7/0) Resolution 2023-308 accepting the Well 71 Surface Improvements Project as complete, releasing securities, and releasing payments totaling $2,511,017 to Conco West, Inc., of Manteca, CA. and authorizing the City Clerk to file a Notice of Completion.
COUNCIL COMMENTS & REPORTS
Councilmember Bavaro spoke regarding the Meet the Mayor in his district at East La Loma Park, and the opportunity to meet with constituents. He also met with constituents from Lincoln Estates and listened to their concerns, of which blue recycle cans were a popular topic.
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Vice Mayor Ricci thanked staff for proactive strategies that have been enacted over the last couple of weeks at Graceada Park. He has heard from constituents that they are seeing improvements in safety at that park. He also spoke regarding 4th of July and the upcoming parade. He encouraged the public to purchase Safe and Sane fireworks from local non-profits, such as the Beyer High School Band where his son marches. He also noted that illegal fireworks result in $1000 fine, and asked the public to report illegal fireworks on the GoModesto app. or by calling the Non-Emergency line at 209-552-2470.
He also wished Good Luck to Modesto Marching Brigade who will proudly be representing Modesto in Washington D.C. at the National Fourth of July Celebration.
Councilmember Escutia-Braaton had honor to speak at a Women’s Empowerment Luncheon. The theme was how women can overcome adversities in life through strength and perseverance. Also, she and the Mayor visited Chrysler Elementary School and addressed traffic safety issues including speeding around the campus. They were delighted to inform them that they would be receiving Flashing School Zone signs indicating 15 mph, through the Traffic Calming Program. She wished everyone a Happy Fourth of July, and encouraged everyone to stay cool,
Mayor Zwahlen spoke regarding cooling zones available in the County as the weather is anticipated to be excessive. Two cooling centers she mentioned are the StanRTA bus station on 9th Street, as well as the library. Also, she mentioned what a festive and well attended ceremony the official re-opening of the Transit Center was on June 15th.
Councilmember Williams praised Councilmember Escutia-Braaton for her speech at the women's luncheon. He thanked Councilmember Alvarez for attending the Juneteenth festivities and representing the City. They did a march around the park, and had a great turnout. He also congratulated Riverbank for their first Annual Juneteenth festivities. He also mentioned that MoBand is happening every Thursday. He also thanked Vice- Mayor Ricci for mentioning the students going to Washington, D.C. to represent Modesto. Also, the Fourth of July Parade is coming. He encouraged everyone to get there early, and also to visit the Graffiti Car Museum. He also thanked Bryan and Laura Genie for all the things they have done for the community. He also congratulated DaRon Bland and mentioned him as a Hometown Hero who was just recruited to the Dallas Cowboys. He also thanked Steve Christensen and all the staff that worked on Measure H. He also mentioned the Stanislaus County Faire is coming, and there is Free Admission from 12-3 on Sundays. And lastly he thanked the Parks and Rec department for their partnership with the Kiwanis for the Fourth of July Parade. The theme is Sunshine, Stars and Stripes, and looking forward to Deputy City Manager Allison Van Guilder who will be singing the National Anthem to begin the Parade, and there will be fireworks show at John Thurman Field that evening.
Councilmember Alvarez reiterated what Councilmember Williams said, and expressed having a great time at Juneteenth march and festivities. He also is looking forward to participating in the Fourth of July Parade. He also spoke regarding affordable housing on Muni Golf Course, and the possibility of a stadium that Modesto High is advocating in - 9 -
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favor of. He is advocating Public/Private partnership with investors for development.
And lastly he invited Modesto City Schools to contact him to discuss a possible partnership for a stadium.
CITY MANAGER COMMENTS & REPORTS
None
HEARINGS
Published in the Modesto Bee on June 16, 2023.
15. Hearing to consider approving Fiscal Year 2023-24 Diagram and Annual Assessment, and ordering the Levy and Collection of Charges within Landscape Maintenance Assessment District No. 1 for Dry Creek Meadows Subdivisions Nos. 1-6. (Funding Source: Landscape Maintenance District No. 1)
Resolution approving the Fiscal Year 2023-24 Diagram and Annual Assessment, and ordering the Levy and Collection of Charges within Landscape Maintenance Assessment District No. 1 for Dry Creek Meadows Subdivisions Nos. 1-6.
CED; Peter Ibrahim, 209-577-5211, [email protected] ACTION: (Wright/Alvarez; 7/0) Resolution 2023-309 approving the Fiscal Year 2023-24 Diagram and Annual Assessment and ordering the Levy and Collection of Charges within Landscape Maintenance Assessment District No. 1 for Dry Creek Meadows Subdivisions Nos. 1-6.
Published in the Modesto Bee on June 16, 2023.
16. Hearing to consider approving Fiscal Year 2023-24 Diagram and Annual Assessment and ordering the Levy and Collection of Charges within Landscape Maintenance Assessment District No. 2 for Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision and Yosemite Meadows Subdivisions Units 1 and 2. (Funding Source: Landscape Maintenance District No. 2)
Resolution approving the Fiscal Year 2023-24 Diagram and Annual Assessment, and ordering the Levy and Collection of Charges within Landscape Maintenance Assessment District No. 2 for Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision, and Yosemite Meadows Subdivision Units 1 and 2.
CED; Peter Ibrahim, 209-577-5211, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2023-310 approving the Fiscal Year 2023- 24 Diagram and Annual Assessment and ordering the Levy and Collection of Charges within Landscape Maintenance Assessment District No. 2 for Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision, and Yosemite Meadows Subdivision Units 1 and 2.
Published in the Modesto Bee on June 16, 2023.
17. Hearing to consider approving Fiscal Year 2023-24 Diagram and Annual Assessment, - 10 -
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and ordering the Levy and Collection of Charges within Shackelford Landscape and Lighting District. (Funding Source: Shackelford Landscape and Lighting District) Resolution approving the Fiscal Year 2023-24 Diagram and Annual Assessment, and ordering the Levy and Collection of Charges within Shackelford Landscape and Lighting District.
CED; Peter Ibrahim, 209-577-5211, [email protected] ACTION: (Bavaro/Escutia-Braaton; 7/0) Resolution 2023-311 approving the Fiscal Year 2023-24 Diagram and Annual Assessment and ordering the Levy and Collection of Charges within Shackelford Landscape and Lighting District.
Recessed: 6:50 p.m.
Resumed: 6:55 p.m.
Published in the Modesto Bee on June 16, 2023
18. Hearing to consider approving the Annual Rate Adjustment to the Maximum Rate Schedule for City Solid Waste Collection Services provided by the solid waste haulers, for an increase of $4.76 per month for residential services with weekly green/organics container collection, an increase of $1.52 per cubic yard for commercial services, and an increase of $36.82 per pull for industrial services, to become effective August 1, 2023, and rescinding Resolution No. 2022-276 for the July 1, 2022 annual rate adjustment, and adjusting the fuel rates for an adjustment of $0.04 per month for residential services, and an adjustment of $0.08 per cubic yard for commercial services, to become effective August 1, 2023, and rescinding Resolution No. 2022-277 for the July 1, 2022 annual rate adjustment, and an agreement with HF&H Consultants LLC., to conduct an audit and performance review for the solid waste haulers, to analyze the current rate setting methodology and test it for validity, and develop new rates methodology, for a total amount not to exceed $150,000. (Funding Source: General Fund, Solid Waste Fund, Geer Road Landfill Fund, Green Waste Fund,) Resolution approving the Annual Rate Adjustment to the Maximum Rate Schedule for City Solid Waste Collection Services provided by the solid waste haulers, for an increase of $4.76 per month for residential services with weekly green/organics container collection, an increase of $1.52 per cubic yard for commercial services, and an increase of $36.82 per pull for industrial services, to become effective August 1, 2023, and rescinding Resolution No. 2022-276 for the July 1, 2022 annual rate adjustment.
Resolution approving a quarterly fuel rate adjustment to the maximum rate schedule for City Solid Waste Collection Services provided by the haulers, for an adjustment of $0.04 per month for residential services, and an adjustment of $0.08 per cubic yard for commercial services, to become effective August 1, 2023, and rescinding Resolution No. 2022-277 for the July 1, 2022 annual rate adjustment.
Resolution approving an agreement with HF&F Consultants LLC., to conduct an audit and performance review for the solid waste haulers, to analyze the current rate setting methodology and test it for validity, and develop new rates methodology, for a total amount not to exceed $150,000 and authorizing the - 11 -
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City Manager, or his designee, to execute the agreement.
PUBLIC WORKS; Rosene Nguyen, 209-577-5453, [email protected] ACTION: (Bavaro/Ricci; 7/0) Resolution 2023-312 approving the Annual Rate Adjustment to the Maximum Rate Schedule for City Solid Waste Collection Services provided by the solid waste haulers, for an increase of $4.76 per month for residential services with weekly green/organics container collection, an increase of $1.52 per cubic yard for commercial services, and an increase of $36.82 per pull for industrial services, to become effective August 1, 2023, and rescinding Resolution No. 2022-276 for the July 1, 2022 annual rate adjustment.
ACTION: (Bavaro/Ricci; 7/0) Resolution 2023-313 approving a quarterly fuel rate adjustment to the maximum rate schedule for City Solid Waste Collection Services provided by the haulers, for an adjustment of $0.04 per month for residential services, and an adjustment of $0.08 per cubic yard for commercial services, to become effective August 1, 2023, and rescinding Resolution No. 2022-277 for the July 1, 2022, annual rate adjustment.
ACTION: (Bavaro/Ricci; 7/0) Resolution 2023-314 approving an agreement with HF&F Consultants LLC., to conduct an audit and performance review for the solid waste haulers, to analyze the current rate setting methodology and test it for validity, and develop new rates methodology, for a total amount not to exceed $150,000 and authorizing the City Manager, or his designee, to execute the agreement.
UNFINISHED BUSINESS
19. Consider approving the Water System Engineer’s Report prepared by West Yost as complete; the Water Rate Study prepared by Bartle Wells Associates as complete and authorizing Staff to initiate the Proposition 218 process to adjust the City’s Water Rates beginning in Fiscal Year 2023-24 through Fiscal Year 2027-28. (Funding Source: Water Fund)
Resolution approving the Water Engineer’s Report prepared by West Yost Associates as complete.
Resolution approving the Water Rate and Fee Study prepared by Bartle Wells Associates as complete.
Resolution authorizing Staff to initiate a Proposition 218 process to adjust the City’s Water Rates to be effective October 1, 2023 through Fiscal Year 2027-
28. UTILITIES; William Wong, 209-571-5801, [email protected] ACTION: (Bavaro/Alvarez; 6/1; Ricci-No) Resolution 2023-315 approving the Water Engineer’s Report prepared by West Yost Associates as complete.
ACTION: (Bavaro/Alvarez; 6/1; Ricci-No) Resolution 2023-316 approving the Water Rate and Fee Study prepared by Bartle Wells Associates as complete. - 12 -
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ACTION: (Bavaro/Alvarez; 6/1; Ricci-No) Resolution 2023-317 authorizing Staff to initiate a Proposition 218 process to adjust the City’s Water Rates to be effective October 1, 2023, through Fiscal Year 2027-28.
NEW BUSINESS
20. Consider accepting an update on available funding for the Utility Billing Assistance Program (UBAP) with an increase to the monthly discount amount; and approving two new Utility Billing discount programs for customers who enroll in Auto-Pay and Paperless Billing for their City of Modesto Utility Bill. (Funding Source: Water and Wastewater Funds)
Resolution approving an update on available funding for the Utility Billing Assistance Program (UBAP) with an increase to the monthly discount amount from $35 to $45.
Resolution approving two new Utility Billing discount programs for customers who enroll in Auto-Pay and Paperless Billing for their City of Modesto Utility Bill.
FINANCE DEPARTMENT; Jeni Martin, 209-571-5892, [email protected] ACTION: (Escutia-Braaton/Wright; 7/0) Resolution 2023-318 approving an update on available funding for the Utility Billing Assistance Program (UBAP) with an increase to the monthly discount amount from $35 to $45.
ACTION: (Escutia-Braaton/Wright; 7/0) Resolution 2023-319 approving two new Utility Billing discount programs for customers who enroll in Auto-Pay and Paperless Billing for their City of Modesto Utility Bill.
21. Consider approving a successor Memorandum of Understanding (MOU) between the City of Modesto and Modesto City Police Officers Association (MPOA) for a term of July 1, 2023, to June 30, 2027; granting salary changes and benefit offerings to unrepresented sworn police management; and amending the Fiscal Year 2023-24 Operating Budget. (Funding Source: General Fund, Traffic Safety Fund, American Rescue Plan Act Fund)
Resolution approving an agreement including language changes for a successor Memorandum of Understanding (MOU) between the City of Modesto and the Modesto Police Officers Association (MPOA) for a term of July 1, 2023, to June 30, 2027, and related salary schedules; and authorizing the City Manager or designee to take the necessary administrative action to implement the agreement.
Resolution approving salary changes for Unrepresented Sworn Police Management and Confidential employees, including executives consistent with those in represented units, effective June 20, 2023, as set forth in attached Exhibit A, “Summary of Salary Ranges and Schedules for Unrepresented Sworn Management and Non-Sworn Management and Confidential Employees, Including Charter Officers and Executives”; amending the Summary of Salary Ranges and Schedules previously approved by Resolution 2023-288, and - 13 -
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authorizing the City Manager or designee to take the necessary administrative action to implement the provisions of this resolution.
Resolution approving changes to benefit offerings for Unrepresented Sworn Police Management and Confidential employees, including executives consistent with those in represented units as set forth in attached Exhibit A, “Summary of Benefit Offerings for Unrepresented Sworn Management and Non-Sworn Management and Confidential Employees, Including Charter Officers and Executives”; and authorizing the City Manager or designee to take the necessary administrative action to implement the provisions of this resolution.
Resolution amending the fiscal year 2023-24 annual operating budget for the necessary adjustments required to appropriate the funds for the approved Memorandum of Understanding (MOU) between the City of Modesto and Modesto City Police Officers Association (MPOA) for the term of July 1, 2023, through June 30, 2027; and authorizing the City Manager to take the necessary steps to implement the required budget adjustments.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2023-320 approving an agreement including language changes for a successor Memorandum of Understanding (MOU) between the City of Modesto and the Modesto Police Officers Association (MPOA) for a term of July 1, 2023, to June 30, 2027, and related salary schedules; and authorizing the City Manager or designee to take the necessary administrative action to implement the agreement.
ACTION: (Wright/Ricci; 7/0) Resolution 2023-321 approving salary changes for Unrepresented Sworn Police Management and Confidential employees, including executives consistent with those in represented units, effective June 20, 2023, as set forth in attached Exhibit A, “Summary of Salary Ranges and Schedules for Unrepresented Sworn Management and Non-Sworn Management and Confidential Employees, Including Charter Officers and Executives”; amending the Summary of Salary Ranges and Schedules previously approved by Resolution 2023-288, and authorizing the City Manager or designee to take the necessary administrative action to implement the provisions of this resolution.
ACTION: (Wright/Ricci; 7/0) Resolution 2023-322 approving changes to benefit offerings for Unrepresented Sworn Police Management and Confidential employees, including executives consistent with those in represented units as set forth in attached Exhibit A, “Summary of Benefit Offerings for Unrepresented Sworn Management and Non-Sworn Management and Confidential Employees, Including Charter Officers and Executives”; and authorizing the City Manager or designee to take the necessary administrative action to implement the provisions of this resolution.
ACTION: (Wright/Ricci; 7/0) Resolution 2023-323 amending the fiscal year 2023- 24 annual operating budget for the necessary adjustments required to appropriate the - 14 -
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funds for the approved Memorandum of Understanding (MOU) between the City of Modesto and Modesto City Police Officers Association (MPOA) for the term of July 1, 2023, through June 30, 2027; and authorizing the City Manager to take the necessary steps to implement the required budget adjustments.
MATTERS TOO LATE FOR THE AGENDA
None
ADJOURNMENT
This meeting adjourned at 8:43 p.m.
Closed Session Matters Head Prior to the Meeting
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: ALL US TACOS, INC. v. CITY OF MODESTO
Stanislaus County Superior Court
Case No.: CV-23-001171
Attest: ______________________________
Dana Sanchez, Assistant City Clerk