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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, August 08, 2023 at 5:30 PM
Roll Call - Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
Pledge of Allegiance to the Flag
Invocation: Cindy Marks, Pray Modesto
City Clerk’s Announcements - City Clerk announced the Item 3 is being moved to a future date.
Declaration of Conflicts of Interest: None
Reports from Closed Session – City Attorney Sanchez reported No Reportable Action was taken.
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Proclamation declaring August 6 - 12, 2023 as National Health Center Week. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597, [email protected]
PUBLIC COMMENT PERIOD
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Derek Castle commented on the unsheltered people that have nowhere to sleep. He stated that City policy does not allow the unsheltered to sleep in tents to be out of the weather and safe. He further spoke about the need for allowing the unhoused to sleep in tents in the City as other cities allow. He referenced pallet shelters, huts, and micro shelters as examples.
Allison Seever spoke about the shooting of Trevor Seever and stated how disappointed she is in the recent ruling by the Judge that proceeded over the Lamantia case. She also commented on the District Attorney.
Diane Kroeze stated that she is here representing the homeless. She spoke about the many issues the unhoused face. She also spoke about having safe place for them to sleep. Joseph Stewart, brother-in-law of Trevor Seever expressed his disappointment on the judges ruling of the Lamantia case. He is also disappointed in the District Attorney that he believes was not willing to do the work. He is scared for the safety of the Modesto residents.
James Costello spoke about the Trevor Seever and Joseph Lamantia case and states that it should have gone to trial. He further commented on the homeless and stated that Modesto needs to address the issues and initiate something to assist. Gigi Crowder, Executive Director at NAMI Contra Costa County spoke about Trevor Seever. She also spoke about mental illness and how it impacts families. They are working very hard to make sure there is nonpolice response to calls involving mental health challenges and expressed her support for the family of Trevor Seever. Lynelle Solomon, advocate for the homeless stated that homeless should be a priority.
She spoke about the struggle to rest, eat, and sleep. She also spoke about the death of Christy Chavez. The homeless just want a safe space to sleep, and feels Modesto needs to be a leader of this crisis. She asked that the City Council and public join them out in the City to see what is happening at the street level.
Robert Collins stated that his son was also killed during a mental health crisis. He reported statistics that four out of five police officers never shoot their guns during their career. He asked how an officer that shot and killed five people could still be on the force for the fifth shooting. He hopes he’s not hired back and believes he should be convicted.
Steve spoke about a march from Turlock for Trevor Seever that he participated in. He stated that he was going to be there to support the family. He further stated that he is known to the police and wants to know that he is safe. He asked what the City is going to do when this happens again. He also commented regarding the number of Police - 3 -
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Officers at the Community Police Review Board meeting and expressed that this town needs to be able to feel safe.
Theresa Clutter spoke about the court proceedings of former Officer Lamantia, and expressed she hopes that the City does not rehire him. She asked for accountability and asked what the City cares about. She further asked for justice for Trevor Seever and Paul Chavez.
John Frailing spoke about homeless and the cause and why it persists. He clarified some of the myths about the homeless. He commented on the very limited affordable housing in the City and inadequate mental health staff. Many of the homeless are working people that are disabled and many want jobs.
Suzie spoke on behalf of the Trevor Seever family. She spoke about his shooting and former Officer Lamantia. She also expressed her disappointment in the justice system.
She asked that the City not reinstate Joseph Lamantia to the police force. John Lucas spoke about the homeless in the community. He appreciates what the City has done so far. However, even with safe parking many of the homeless are vulnerable and especially those that do not have vehicles. He hopes they can get safe camping and sleeping places established.
Marla Seever spoke about the shooting of Trevor Seever. She also commented on the court proceedings of former Officer Lamantia. She stated that they were not given adequate representation and hopes the City does not reinstate Lamantia. Tom Helm spoke about Trevor Seever. He stated that he was part of the Forward Together Committee, and voiced his frustration on the recent ruling that former Officer Lamantia is not going to face trial. He asked that the City not allow him back into the police force. He asked that Council use their voice to draw attention to this issue. Patrick spoke about the shooting of Paul Chavez, Jr. He also stated that he is also here to speak about former Officer Lamantia and stated that he should not be allowed back onto the force. He asked what is being done for the citizens. Darlene Ruiz expressed her feelings that she is angry and outraged at the ruling made by the Judge presiding over the Joseph Lamantia case. The District Attorney did not want to take the case and she also questioned the action of the lead investigator. She does not believe they had proper representation. She stated that the ruling is a complete injustice.
She will never feel safe in this town and will never have faith in the system. - 4 -
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Megan Tezer stated that she’s known Joseph Lamantia for a long time. She commends the Judge for her ruling. She suggested that all members of the public read the decision, and spoke in support of Joseph Lamantia.
Ray Ruiz spoke about the ruling from Judge Stephens. He stated that the District Attorney had no intention of prosecuting Joseph Lamantia. He hopes that the independent police auditor works out.
Cassandra Aquinto Collins spoke in support of the family of Trevor Seever. She stated it is shameful Joseph Lamantia is not being brought to justice for the consequences of his actions.
Tina Perez-Tateo from the Cruiser’s Council thanked the Council for lifting the ban on cruising.
Dixie, stated that she is the grandmother of Trevor Seever. She spoke about the shooting of Trevor. She stated that he was a great kid with a future ahead of him. She asked how anyone can trust the Judge and the District Attorney.
Steven Finch stated that his grandfather served in the Stanislaus Sheriff Department. He loves this community, but feels if Joseph Lamantia is reinstated, he will be scared to live in Modesto and his grandchildren should be scared to come here. He also spoke about families that need services and shared that St. Vincent De Paul is currently offering services to families, but they do not have recuperative beds for those that are too well for hospital, but too sick for a shelter. Those families need someplace to temporarily go.
They need to be able place these people in a safe place. Brittoni Chavez, spoke about Trevor Seever. She stated that the Council is supposed to make the community better. She stands in solidarity with the Trevor Seever family. She asked for justice.
Ramon Rodriguez spoke about his disappointment that the system failed on Trevor Seever, Alonzo Nunez, Paul Chavez, and Christy Chavez. He stated that if Joseph Lamantia is rehired nothing will change. He also spoke about Officer Espinoza and Officer Muncy. He further commented on the unhoused and stated Modesto needs housing and services for the homeless.
Samuel Ephrain, Chairman of the NAACP stated that Officer Lamantia did not follow policy and procedure. He expressed as a citizen of this City, he is shocked and appalled at the decision of Judge Carrie Stephens. He feels the City should not allow Joseph Lamantia to return to the City of Modesto Police Department. He did not serve and protect and should not be allowed on the force. Citizens of Modesto should be outraged and ask to recall Judge Stephens.
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Bella Quinto Collins, spoke in support of the family of Trevor Seever. She referenced the bodycam footage of the shooting of Trevor Seever. She is disappointed on his apparent impunity. She also commented that this has impacted family member and it's hard to convey just how large and nuanced each story is. Kayla commented that she is Trevor Seever's cousin. She stated that the police policy and guidelines were not followed and is discouraged that there is no justice. She has lived in Modesto all her life and is scared for her son. There's nothing that can replace her cousin.
She hopes Joseph Lamantia does not get his job back.
Timothy stated that Trevor was his nephew. He never thought of a Police Department as a department that needed to be feared. He does not see what Lamantia's defense is. This is devastating to the family. Trevor has never been violent and the decision by the Judge is a miscarriage of justice. He stated that he hopes the City can do something about it. Bianca Lopez spoke about the decision of Judge Carrie Stephens. She stated that the public can ask the Community Police Review Board to establish a policy to not allow Joseph Lamantia back on the force. The public can also ask Judge Carrie Stephens to step down and/or ask the Governor to remove her from office. They can also start a recall. She further cited all the prior officer involved shootings of Joseph Lamantia and stated that they can ask the California Attorney General to take the case. She further commented that Joseph Lamantia must not be allowed to come back to the Modesto Police Department and that the Judge must be held accountable for her decision. She asked for justice for all the victims of Joseph Lamantia.
Recess 7:09 p.m.
Reconvene 7:16 p.m.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS 2, 4-16: (Wright/Escutia-Braaton; 7/0)
CONSENT
Consent
2. Consider approving the minutes from the July 11, 2023 Council Meeting. (Funding Source: Not Applicable)
Motion approving the minutes from the July 11, 2023 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Motion approving the minutes from the July 11, 2023 Council Meeting.
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Removed from Agenda-Item Continued to a Future Meeting
Consent
3. Consider approving Final Adoption of Ordinance 3766-C.S. amending title 8, chapter 3 of the Modesto Municipal Code to increase the City Manager’s authority for all Contracts and Purchases Orders from $50,000 to $100,000 for Goods/Services and $600,000 for Emergency Projects; increasing the formal bidding authority from $50,000 to $100,000; updating the list and increase the City Manager’s authority for Public Works Projects including the City Manager’s authority for Emergency Public Works contracts to $600,000; expanding the definition of Professional Services; and adding language to allow electronic bidding. (Funding Source: Not Applicable) Motion approving Final Adoption of Ordinance 3766-C.S. amending title 8, chapter 3 of the Modesto Municipal Code to increase the City Manager’s authority for all Contracts and Purchases Orders from $50,000 to $100,000 for Goods/Services and $600,000 for Emergency Projects; increasing the formal bidding authority from $50,000 to $100,000; updating the list and increase the City Manager’s authority for Public Works Projects including the City Manager’s authority for Emergency Public Works contracts to $600,000; expanding the definition of Professional Services; and adding language to allow electronic bidding.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
4. Consider approving Final Adoption of Ordinance 3767-C.S. amending the Modesto Municipal Code to repeal Article 18, “Regulation of Cruising,” in its entirety, from Chapter 2, “Vehicles and Traffic Regulations,” of Title 3, “Public Safety,” relating to the City’s cruising ban. (Funding Source: Not Applicable) Motion approving Final Adoption of Ordinance 3767-C.S. amending the Modesto Municipal Code to repeal Article 18, “Regulation of Cruising,” in its entirety, from Chapter 2, “Vehicles and Traffic Regulations,” of Title 3, “Public Safety,” relating to the City’s cruising ban.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Motion approving Final Adoption of Ordinance 3767-C.S. amending the Modesto Municipal Code to repeal Article 18, “Regulation of Cruising,” in its entirety, from Chapter 2, “Vehicles and Traffic Regulations,” of Title 3, “Public Safety,” relating to the City’s cruising ban.
Consent
5. Consider approving Final Adoption of Ordinance 3768-C.S. amending the Modesto Municipal Code to add Article 21, titled “Sideshows, Street Races, and Reckless Driving Exhibition”, to Chapter 2, “Vehicles and Traffic Regulations,” to Title 3 “Public Safety”, to establish regulations and penalties related to sideshows, street races, and reckless driving exhibition. (Funding Source: Not Applicable) Motion approving Final Adoption of Ordinance 3768-C.S. amending the Modesto Municipal Code to add Article 21, titled “Sideshows, Street Races, and Reckless Driving Exhibition”, to Chapter 2, “Vehicles and Traffic - 7 -
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Regulations,” to Title 3 “Public Safety”, to establish regulations and penalties related to sideshows, street races, and reckless driving exhibition.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Motion approving Final Adoption of Ordinance 3768-C.S. amending the Modesto Municipal Code to add Article 21, titled “Sideshows, Street Races, and Reckless Driving Exhibition”, to Chapter 2, “Vehicles and Traffic Regulations,” to Title 3 “Public Safety”, to establish regulations and penalties related to sideshows, street races, and reckless driving exhibition.
Consent
6. Consider acknowledging Receipt of Notification of the Annual Inflationary Adjustment for Development User Fees for Fiscal Year 2023-24. (Funding Source: Development User Fees)
Resolution acknowledging Receipt of Notification of the Annual Inflationary Adjustment for Development User Fees for Fiscal Year 2023-24.
CED; Peter Ibrahim, 209-577-5211, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2023-358 acknowledging Receipt of Notification of the Annual Inflationary Adjustment for Development User Fees for Fiscal Year 2023-24.
Consent
7. Consider approving a Purchase and Sale Agreement with Northern Suncrest Apartments, LLC for $21,600; a Grant Deed and Certificate of Acceptance for the Paradise Road ATP Cycle III Project. (Funding Source: Measure L) Resolution approving a Purchase and Sale Agreement with Northern Suncrest Apartments, LLC for partial acquisition of a 935 square foot portion of real property, located at the intersection of Paradise Road and Chicago Avenue (APN 037-050-018), in the amount of $21,600, plus closing costs, for the Paradise Road ATP Cycle III Project, and authorizing the City Manager, or his designee, to execute the Purchase and Sale Agreement and all related documents required to complete the sale and close escrow. Resolution approving a Grant Deed with Northern Suncrest Apartments, LLC for partial acquisition of a 935 square foot portion of real property, located at the intersection of Paradise Road and Chicago Avenue (APN 037-050-018), for the Paradise Road ATP Cycle III Project, and authorizing the City Manager, or his designee, to accept the Grant Deed.
Resolution approving a Certificate of Acceptance for the Grant Deed, for partial acquisition of a 935 square foot portion of real property owned by Northern Suncrest Apartments, LLC, located at the intersection of Paradise Road and Chicago Avenue (APN 037-050-018), for the Paradise Road ATP Cycle III Project and authorizing the City Manager, or his designee, to sign the Certificate of Acceptance.
ENGINEERING SERVICES; Michael Sacuskie, 209-571-5552,
[email protected]
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ACTION: (Wright/Escutia-Braaton; 7/0) Resolution2023-359 approving a Purchase and Sale Agreement with Northern Suncrest Apartments, LLC for partial acquisition of a 935 square foot portion of real property, located at the intersection of Paradise Road and Chicago Avenue (APN 037-050-018), in the amount of $21,600, plus closing costs, for the Paradise Road ATP Cycle III Project, and authorizing the City Manager, or his designee, to execute the Purchase and Sale Agreement and all related documents required to complete the sale and close escrow.
ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2023-360 approving a Grant Deed with Northern Suncrest Apartments, LLC for partial acquisition of a 935 square foot portion of real property, located at the intersection of Paradise Road and Chicago Avenue (APN 037-050-018), for the Paradise Road ATP Cycle III Project, and authorizing the City Manager, or his designee, to accept the Grant Deed.
ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2023-361 approving a Certificate of Acceptance for the Grant Deed, for partial acquisition of a 935 square foot portion of real property owned by Northern Suncrest Apartments, LLC, located at the intersection of Paradise Road and Chicago Avenue (APN 037-050-018), for the Paradise Road ATP Cycle III Project and authorizing the City Manager, or his designee, to sign the Certificate of Acceptance.
Consent
8. Consider accepting the Automatic Transfer Switch Replacement at Sutter Wastewater Treatment Plant Project as complete, releasing securities, and releasing payments totaling $677,224 to Clyde G. Steagall, Inc., of Loomis, CA. and authorizing the City Clerk to file a Notice of Completion. (Funding Source: Wastewater Fund) Resolution accepting the Automatic Transfer Switch Replacement at Sutter Wastewater Treatment Plant Project as complete, releasing securities, and releasing payments totaling $677,224 to Clyde G. Steagall, Inc., of Loomis, CA., and authorizing the City Clerk to file a Notice of Completion.
ENGINEERING SERVICES; Peter Kambel, 209-577-5444, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2023-362 accepting the Automatic Transfer Switch Replacement at Sutter Wastewater Treatment Plant Project as complete, releasing securities, and releasing payments totaling $677,224 to Clyde G.
Steagall, Inc., of Loomis, CA., and authorizing the City Clerk to file a Notice of Completion.
Consent
9. Consider accepting the High Voltage Improvements at Sutter Wastewater Treatment Plant Project as complete, releasing securities, and releasing payments totaling $313,873 to Clyde G. Steagall, Inc., of Loomis, CA. and authorizing the City Clerk to file a Notice of Completion. (Funding Source: Wastewater Fund) Resolution accepting the High Voltage Improvements at Sutter Wastewater Treatment Plant Project as complete, releasing securities, and releasing - 9 -
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payments totaling $313,873 to Clyde G. Steagall, Inc., of Loomis, CA., and authorizing the City Clerk to file a Notice of Completion.
ENGINEERING SERVICES; Peter Kambel, 209-577-5444, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2023-363 accepting the High Voltage Improvements at Sutter Wastewater Treatment Plant Project as complete, releasing securities, and releasing payments totaling $313,873 to Clyde G. Steagall, Inc., of Loomis, CA., and authorizing the City Clerk to file a Notice of Completion.
Consent
10. Consider accepting an Informational Report for the June 2023 Accounts Payable Payment Register and Void Report. (Funding Source: Not Applicable) Motion accepting an Informational Report for the June 2023 Accounts Payable Payment Register and Void Report.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Wright/Escutia-Braaton; 7/0) Motion accepting an Informational Report for the June 2023 Accounts Payable Payment Register and Void Report.
Consent
11. Consider accepting an Informational Report on the March and April 2023 Grant Applications and Awards. (Funding Source: Not Applicable) Motion accepting an Informational Report for the March and April 2023 Grant Applications and Awards.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Wright/Escutia-Braaton; 7/0) Motion accepting an Informational Report for the March and April 2023 Grant Applications and Awards.
Consent
12. Consider accepting the Monthly Investment Report for May 2023. (Funding Source:
Various Funds)
Motion accepting the Monthly Investment Report for May 2023.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
ACTION: (Wright/Escutia-Braaton; 7/0) Motion accepting the Monthly Investment Report for May 2023.
Consent
13. Consider approving Task Order Number One for the Master Agreement for Consulting Services to VFA, Inc., an affiliate of The Gordian Group, Inc., (“VFA”), Greenville, SC for City of Modesto Facility Condition Assessment in an amount not to exceed $358,037 over a five-year period. (Funding Source: Measure H Funds) - 10 -
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Resolution approving Task Order Number One for the Master Agreement for Consulting Services to VFA, Inc., an affiliate of The Gordian Group, Inc., (“VFA”), Greenville, SC for City of Modesto Facility Condition Assessment in an amount not to exceed $358,037 over a five-year period and authorizing the City Manager, or his designee, to execute the Master Agreement Task Order Number One.
PUBLIC WORKS; Patrick Crowley, 209-402-6812, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2023-364 approving Task Order Number One for the Master Agreement for Consulting Services to VFA, Inc., an affiliate of The Gordian Group, Inc., (“VFA”), Greenville, SC for City of Modesto Facility Condition Assessment in an amount not to exceed $358,037 over a five-year period and authorizing the City Manager, or his designee, to execute the Master Agreement Task Order Number One.
Consent
14. Consider approving two On-Call CEQA Environmental Planning and Compliance Services Agreements with GEI Consultants, of Rancho Cordova, CA, and Montrose Environmental, of Sacramento, CA for a total not to exceed $450,000 over three years. (Funding Source: Various Capital Improvement Program Projects) Resolution approving an On-Call CEQA Environmental Planning and Compliance Services Agreement with GEI Consultants, of Rancho Cordova, CA, for one year, not to exceed $75,000, with two one-year extension options for a total cost not to exceed $225,000 over three years, and authorizing the City Manager, or his designee to execute the Agreement. Resolution approving an On-Call CEQA Environmental Planning and Compliance Services Agreement with Montrose Environmental, of Sacramento, CA, for one year, not to exceed $75,000, with two one-year extension options for a total cost not to exceed $225,000 over three years, and authorizing the City Manager, or his designee to execute the Agreement.
UTILITIES; Jim Alves, 209-571-5557, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2023-365 approving an OnCall CEQA Environmental Planning and Compliance Services Agreement with GEI Consultants, of Rancho Cordova, CA, for one year, not to exceed $75,000, with two one-year extension options for a total cost not to exceed $225,000 over three years, and authorizing the City Manager, or his designee to execute the Agreement.
ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2023-366 approving an OnCall CEQA Environmental Planning and Compliance Services Agreement with Montrose Environmental, of Sacramento, CA, for one year, not to exceed $75,000, with two one-year extension options for a total cost not to exceed $225,000 over three years, and authorizing the City Manager, or his designee to execute the Agreement.
Consent
15. Consider approving two On-Call Agreements for Environmental Site Assessment - 11 -
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Services with Atlas Consulting Group, of Modesto, CA, and Tetra Tech, of Rancho Cordova, CA for a total amount not to exceed $300,000 over three years. (Funding Source: Various Capital Improvement Program Projects)
Resolution approving an On-Call Agreement for Environmental Site Assessment Services with Atlas Consulting Group, of Modesto, CA, for one year, not to exceed $50,000, with two one-year extension options for a total cost not to exceed $150,000 over three years, and authorizing the City Manager, or his designee to execute the Agreement.
Resolution approving an On-Call Agreement for Environmental Site Assessment Services with Tetra Tech, of Rancho Cordova, CA for one year, not to exceed $50,000, with two one-year extension options for a total cost not to exceed $150,000 over three years, and authorizing the City Manager, or his designee to execute the Agreement.
UTILITIES; Jim Alves, 209-571-5557, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2023-367 approving an OnCall Agreement for Environmental Site Assessment Services with Atlas Consulting Group, of Modesto, CA, for one year, not to exceed $50,000, with two one-year extension options for a total cost not to exceed $150,000 over three years, and authorizing the City Manager, or his designee to execute the Agreement.
ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2023-368 approving an OnCall Agreement for Environmental Site Assessment Services with Tetra Tech, of Rancho Cordova, CA for one year, not to exceed $50,000, with two one-year extension options for a total cost not to exceed $150,000 over three years, and authorizing the City Manager, or his designee to execute the Agreement.
Consent
16. Consider approving a Purchasing Agreement with Univar Solutions, USA Inc., Kent, WA, and Hasa Inc., Saugus, CA, for the Purchase and Delivery of Wastewater Treatment Chemicals for a total amount not to exceed $199,242 over one year. (Funding Source: Sewer Operations Fund)
Resolution approving a Purchasing Agreement with Univar Solutions, USA Inc., Kent, WA, by utilizing the Competitive Bid Process with Bay Area Clean Water Agencies, for the Purchase and Delivery of Chemicals for Wastewater Treatment, for a one-year Agreement for a total amount not to exceed $65,325, and authorizing the Director of Finance, or her designee, to execute the Agreement.
Resolution approving a Purchasing Agreement with Hasa Inc., Saugus, CA, by utilizing the Competitive Bid Process with Bay Area Clean Water Agencies, for the Purchase and Delivery of Chemicals for Wastewater Treatment, for a oneyear Agreement for a total amount not to exceed $133,917, and authorizing the Director of Finance, or her designee, to execute the Agreement.
UTILITIES; Jason Farnsworth, 209-577-6255, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2023-369 approving a - 12 -
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Purchasing Agreement with Univar Solutions, USA Inc., Kent, WA, by utilizing the Competitive Bid Process with Bay Area Clean Water Agencies, for the Purchase and Delivery of Chemicals for Wastewater Treatment, for a one-year Agreement for a total amount not to exceed $65,325, and authorizing the Director of Finance, or her designee, to execute the Agreement.
ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2023-370 approving a Purchasing Agreement with Hasa Inc., Saugus, CA, by utilizing the Competitive Bid Process with Bay Area Clean Water Agencies, for the Purchase and Delivery of Chemicals for Wastewater Treatment, for a one-year Agreement for a total amount not to exceed $133,917, and authorizing the Director of Finance, or her designee, to execute the Agreement.
COUNCIL COMMENTS & REPORTS
Vice Mayor Ricci stated that there were a lot of comments tonight and the City does not have jurisdiction over the courts. The voters have a voice and should vote the way that makes a difference in the direction of your community. He also stated that there is a homeless crisis, and they are failing to effectively address it. An explicit homeless strategy is needed. The government houses about 30% of the homeless, every night and the rest are the responsibility of neighbors and business owner, police department, the fire department, and local hospitals.
They’ve been in this crisis for a long time and it's time for decisive action in the immediate term.
A triage is needed, and jail isn't a solution. He further stated the issue of homelessness is in a state of emergency and they need to make safe spaces. Safe camping needs to happen immediately.
Mayor Zwahlen reported recently attending a Modesto City Schools field trip. She was able to see a lot of construction around the City and in community schools. She stated that it is to be commended because much of it has to do with the safety of students. There is also a lot of construction on city roads, and she read some of the comments on Facebook about that construction and it can be frustrating for people to get around town. But as she and Councilmember Wright discussed one day, that's what everyone wanted, and that it is making the City better. She also reported on attending the City’s National Night Out with the Modesto Police Department directing all of them to the many homes and neighborhoods. She also reported on attending City Ministry Network and there was a discussion about the mental health needs of the youth. She knows that many of them are suffering and it's good to be aware of our youth. If each person would smile at a young person and give them a word of encouragement that makes a huge impression.
Councilmember Escutia-Braaton reported on attending National Night Out and acknowledged the efforts made in the coordination of an exceptional National Night Out. She was one of many Councilmembers that participated. She enjoyed immensely the engagement with law enforcement and community members that she spoke to and family alike. They all came out just to have a one-on-one conversation with the elected, executive staff, City law enforcement, and so forth. She also spoke with a lot of Neighborhood Watch Coordinators in her district. One of her - 13 -
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focuses was to increase those wanting to get more engaged with neighborhood watch. She acknowledged a few people that are very engaged in the program. She further stated there are several other neighborhood watch coordinators that at some point in time she would love to acknowledge. She also reported that she serves as the Chair of the Appointments Committee and encouraged the public to apply to serve and get involved with local civic government. She encouraged everyone to go to the City’s website for more information on how to serve on a citizen advisory group.
Councilmember Williams reported on attending National Night Out. He visited many neighborhoods with Officer Meredith for about three hours. There were about 87 National Night Out parties and about a third of them were in District 5. He was very fortunate to visit 13 of those. He commented that school is starting and wanted to wish all of those who are going back to school a safe school year. He wants to make sure that everyone keeps their eyes on traffic.
Councilmember Wright reported that tomorrow night the Stanislaus Housing Alliance will meet here in this chamber at 5:30 p.m. and invited the public to attend. One of the things that they’re having in September is a housing seminar with all the cities and the county on affordable housing. He is going to be pushing for a safe camping agenda for Stanislaus Housing to look at to give some direction to nonprofits that may want to do safe camping and maybe a template and some guidelines on what they can do to have safe camping in their area. He encouraged those that spoke this evening to attend. It a good place to be at to discuss not only the issues in Modesto, but in all the other cities. He knows that all the cities are working hard and it's a big problem and appreciates the concerns.
Councilmember Bavaro stated that he agrees with Vice Mayor Ricci’s comments on homelessness. Modesto Day Center is coming about, and he's impressed on how fast a lot of these things are moving within the City. The Day Center and Dignity Moves is coming around hopefully sometime around the first of the year. He also reported on attending National Night Out.
Councilmember Alvarez stated that he echoes the sentiments of his colleagues, National Night Out was his first time participating in an official capacity. As a councilmember he was with Captain Robert Rayna and visited Maddox Youth Center's National Night Out event. He acknowledged Bruce Lockard for hosting it every year for the last two decades. He then visited the National Night Out event on Paradise Road that a church held and after that made his way to Theresa Gamboa’s event. He also reported on homelessness. It’s one of the issues that he thinks is one of the most prevalent issues in District 2. It disproportionately affects District 2 and often hears that a safe camping location should be put on 10th Street. He agrees with his colleagues that something needs to be done about the crisis. However, he thinks they need to identify locations to set up the safe camping locations. If they do move in that direction, he thinks that the distribution of homeless should be distributed across the City equitably and not just in District 2, as historically has been the case. Homelessness is something that really hits close to home for him. He provided personal insight about his biological mother being absent from his life and her struggle with homelessness. As a Council they serve the community because they care. It’s a community problem and that’s why they ran campaigns. He hopes to - 14 -
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have more dialogue with his colleagues about safe camping and more dialogue with stakeholders because it's real to the entire city, state, and country.
CITY MANAGER COMMENTS & REPORTS
City Manager Lopez welcomed Forrest Ebbs, New Deputy City Manager. He also announced that Fire Chief Alan Ernst is retiring. Chief Ernst has served the community with tremendous dignity and humility while protecting the lives of the residents and businesses of Modesto. He's done so admirably in all of his work. He invited Chief Ernst to give some parting comments.
HEARINGS
Published in the Modesto Bee on July 19, 2023.
17. Hearing to consider the Proposal to Rezone properties located at 3431 and 3419 Millbrook Avenue from Specific Plan-Holding (SP-H) Zone to Specific Plan (SP) Zone, to allow two parcels totaling 4.98-acres to be subdivided into nine residential lots, with each lot being not less than 0.50-acres. (Funding Source: Development User Fees)
Resolution finding that the Rezone of properties located at 3431 and 3419 Millbrook Avenue from Specific Plan-Holding Zone, SP-H, to Specific Plan Zone, SP, is within the scope of the project covered by the Modesto Urban Area General Plan Master Environmental Impact Report (SCH No. 2014042081). Motion introducing and waiving the first reading of an Ordinance amending Section 12-03-09 of the Zoning Map of the City of Modesto to rezone properties located at 3431 and 3419 Millbrook Avenue from Specific PlanHolding Zone, SP-H, to Specific Plan Zone, SP.
CED; Diana Lowrance, 209-577-5302, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2023-371 finding that the Rezone of properties located at 3431 and 3419 Millbrook Avenue from Specific Plan-Holding Zone, SP-H, to Specific Plan Zone, SP, is within the scope of the project covered by the Modesto Urban Area General Plan Master Environmental Impact Report (SCH No. 2014042081).
ACTION: (Williams/Wright; 7/0) Motion introducing and waiving the first reading of an Ordinance 3769-C.S. amending Section 12-03-09 of the Zoning Map of the City of Modesto to rezone properties located at 3431 and 3419 Millbrook Avenue from Specific Plan-Holding Zone, SP-H, to Specific Plan Zone, SP.
Published in the Modesto Bee on July 28, 2023
18. Hearing to consider approving the Application and Issuance of a Permit to Operate as a Non-Emergency Medical Transport Company to NorCal Ambulance in the City of Modesto. (Funding Source: General Fund)
Resolution approving the Application of NorCal Ambulance, and authorizing the Issuance of a Permit to Operate as a Non-Emergency Medical Transport - 15 -
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Company in the City of Modesto.
POLICE DEPARTMENT; Bob Meredith, 209-572-9500, [email protected] ACTION: (Wright/Alvarez; 7/0) Resolution 2023-372 approving the Application of NorCal Ambulance, and authorizing the Issuance of a Permit to Operate as a NonEmergency Medical Transport Company in the City of Modesto.
Published in the Modesto Bee on July 28, 2023.
19. Hearing to consider an Ordinance amending Sections of Article 6 “Vacant and Boarded Buildings” of Title 9 “Building Regulations”, Chapter 9, “Property Maintenance Code,” of the Modesto Municipal Code, to enhance maintenance and security of vacant buildings and establishing a tiered fee schedule for the registration of vacant commercial buildings. (Funding Source: General Fund)
Motion introducing and waiving the first reading of an Ordinance amending Sections of Article 6, “Vacant and Boarded Buildings” of Title 9 “Building Regulations”, Chapter 9, “Property Maintenance Code,” of the Modesto Municipal Code, to enhance maintenance and security of vacant buildings. Resolution establishing a Tiered Fee Schedule for the Registration of Vacant Commercial Buildings.
Resolution amending the position allocation for Fiscal Year 2023-24 as adopted in the Operating Budget to add one Code Enforcement Officer II to the Neighborhood Preservation Unit Division of the Modesto Police Department. Resolution amending the Fiscal Year 2023-24 Annual Operating Budget to increase Measure H Funding for the additional Code Enforcement Officer being added to the Measure H – Neighborhood Preservation Unit Cost Center (19228) in the Measure H Fund (0160) in the amount of $93,708 and authorizing the City Manager to take the necessary steps to implement the required budget adjustments.
POLICE DEPARTMENT; Brian Kleiber, 209-572-9500, [email protected] ACTION: (Ricci/Escutia-Braaton; 7/0) Motion introducing and waiving the first reading of an Ordinance 3770-C.S. amending Sections of Article 6, “Vacant and Boarded Buildings” of Title 9 “Building Regulations”, Chapter 9, “Property Maintenance Code,” of the Modesto Municipal Code, to enhance maintenance and security of vacant buildings.
ACTION: (Wright/Alvarez; 7/0) Resolution 2023-373 establishing a Tiered Fee Schedule for the Registration of Vacant Commercial Buildings.
ACTION: (Wright/Alvarez; 7/0) Resolution 2023-374 amending the position allocation for Fiscal Year 2023-24 as adopted in the Operating Budget to add one Code Enforcement Officer II to the Neighborhood Preservation Unit Division of the Modesto Police Department.
ACTION: (Wright/Alvarez; 7/0) Resolution 2023-375 amending the Fiscal Year 2023-24 Annual Operating Budget to increase Measure H Funding for the additional - 16 -
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Code Enforcement Officer being added to the Measure H – Neighborhood Preservation Unit Cost Center (19228) in the Measure H Fund (0160) in the amount of $93,708 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 8:04 p.m.
All Closed Session Matters Heard 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: Estate of Kim Jackson et al. v. City of Modesto, et al.
United States Eastern District
Case No.: 1:21-cv-00415-AWI-EPG
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(a) of the Government Code) Name of case(s): Eduardo Corral v. City of Modesto
California Workers Compensation Appeals Board
Nos. ADJ13604168, ADJ7736988
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:
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(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
Attest:____________________________
Diane Nayares-Perez, City Clerk