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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 22, 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: Lance Lowell, Neighborhood Church
City Clerk’s Announcements: City Clerk reported written public comment was received and forwarded to the Council.
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 26, 2023 as National Women's Equality Day. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]
ACTION: Mayor Zwahlen presented the proclamation.
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2. Proclamation declaring September 2023 as National Senior Center Month. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarret, 209-571-5597,
[email protected]
ACTION: Mayor Zwahlen presented the proclamation.
MISCELLANEOUS
3. Consider the appointment of Ivan Valencia to the Modesto City-County Airport Advisory Committee for a four-year term with an expiration date of June 30, 2027. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution approving the appointment of Ivan Valencia to the Modesto CityCounty Airport Advisory Committee for the position of Commercial Carrier/Service Provider for a four-year term with an expiration date of June 30, 2027.
PUBLIC WORKS; Gabe da Silva, 209-577-5319, [email protected] ACTION: (Wright/Alvarez; 7/0) Resolution 2023-376 approving the appointment of Ivan Valencia to the Modesto City-County Airport Advisory Committee for the position of Commercial Carrier/Service Provider for a four-year term with an expiration date of June 30, 2027.
PUBLIC COMMENT PERIOD
Jerry Thompson thanked the Council for their final vote to make cruising official in Modesto. He also spoke about AB 436.
Jenny Kenoyer spoke about the City’s general plan. She asked for an update as a comprehensive general plan is overdue in the City.
Diane Kroeze stated that she is here to speak about the homeless people. Unfortunately, she does not see a lot of progress toward safe sleeping. She spoke about safe parking and on the rules regarding safe parking.
Steve spoke about advocating for Trevor Seever and his family. He also spoke about public comment period and the time allowed. He asked why the rules cannot be enforced equally.
Lynelle Solomon stated that she is an advocate for the homeless. She spoke about what she did last Thursday. She and Steve Finch went on the streets with a car full of homemade food, drinks, clothing, shoes, and toiletries. They fed over 100 people. She - 3 -
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stated that the community needs to learn from leaders on how to treat others. There is a need for safe place for the City’s homeless and homeless should and need to be a priority. Jeff Solomon spoke about the work his spouse has been doing to help the homeless. He also spoke about the challenges that the homeless experience. He stated that the homeless needs safe space to park and sleep. The homeless people don't have anyone to speak on their behalf.
Ramon Rodriguez stated that he has not seen any action with providing a safe space for the homeless. He further stated that homeless people are victims of crime, and they need a safe space to sleep.
Brittoni Chavez stated that she wrote something on Facebook and wanted to recite it this evening. She recited what she posted Facebook.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS 4-15: (Wright/Escutia-Braaton; 7/0)
CONSENT
Consent
4. Consider approving the minutes from the August 8, 2023 Council Meeting. (Funding Source: Not Applicable)
Motion approving the minutes from the August 8, 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 August 8, 2023 Council Meeting.
Consent
5. Consider approving Final Adoption of 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. (Funding Source: Not Applicable)
Motion approving Final Adoption of 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.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Motion approving Final Adoption of 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. - 4 -
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Consent
6. Consider approving Final Adoption of 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. (Funding Source: Not Applicable) Motion approving Final Adoption of 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.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Motion approving Final Adoption of 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.
Consent
7. Consider approving a First Amendment to the Stanislaus Animal Services Agency Joint Powers Agency Agreement to amend the manner of exercising its power currently subject to the restrictions applicable to the City of Modesto and being replaced by restrictions applicable to the County of Stanislaus. (Funding Source: Not Applicable)
Resolution approving a First Amendment to the Stanislaus Animal Services Agency Joint Powers Agency Agreement, with respect to the manner of exercising its powers currently subject to the restrictions applicable to the City of Modesto and being replaced by restrictions applicable to the County of Stanislaus and authorizing the City Manager, or his designee, to execute the Amendment.
CITY MANAGER; Allison Van Guilder, 209-577-5228, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2023-377 approving a First Amendment to the Stanislaus Animal Services Agency Joint Powers Agency Agreement, with respect to the manner of exercising its powers currently subject to the restrictions applicable to the City of Modesto and being replaced by restrictions applicable to the County of Stanislaus and authorizing the City Manager, or his designee, to execute the Amendment.
Consent
8. Consider approving an Agreement for the Purchase and Implementation of a Construction Project Management Software with eBuilder, Inc., of Sunrise, FL., for a total amount not to exceed $620,183 for a period of five years. (Funding Source:
Various Capital Improvement Program Projects)
Resolution approving the Award of Proposal and Agreement for a Construction Project Management Software to eBuilder, Inc., Sunrise, FL, for a total amount not to exceed $620,183 for a total period of five years, with an initial term of - 5 -
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three years and two one-year extension options and authorizing the City Manager, or his designee, to execute the Agreement.
ENGINEERING SERVICES; Pete Kambel, 209-577-5444, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2023-378 approving the Award of Proposal and Agreement for a Construction Project Management Software to eBuilder, Inc., Sunrise, FL, for a total amount not to exceed $620,183 for a total period of five years, with an initial term of three years and two one-year extension options and authorizing the City Manager, or his designee, to execute the Agreement.
Consent
9. Consider approving a Pre-Qualified Consultant List for Construction Management and Inspection Services for various Capital Improvement Program Projects for a period of five years. (Funding Source: Various Capital Improvement Program Projects) Resolution approving a Pre-Qualified Consultant List for Construction Management and Inspection Services, with Brown and Caldwell, HDR Inc., TRC Companies, and West Yost, for a period of three years with two one-year extension options at the discretion of the Director of Engineering Services.
ENGINEERING SERVICES; Pete Kambel, 209-577-5444, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2023-379 approving a PreQualified Consultant List for Construction Management and Inspection Services, with Brown and Caldwell, HDR Inc., TRC Companies, and West Yost, for a period of three years with two one-year extension options at the discretion of the Director of Engineering Services.
Consent
10. Consider approving the Plans and Specifications for the Paradise Road Area Pedestrian and Bicycle Safety Improvements, ATPL-5059(233) Project, Accepting the Bid, and Awarding a Contract to George Reed, Inc. of Modesto, CA, in the amount of $8,529,985; authorizing the Director of Utilities to approve Change Orders up to the cumulative amount of $852,998 (10% of the original contract price) for the project. (Funding Source: Active Transportation Program (ATP) and Local Measure L Funds) Resolution approving the Plans and Specifications for the Paradise Road Area Pedestrian and Bicycle Safety Improvements, ATPL-5059(233) Project, Accepting the Bid, and Awarding a Contract to George Reed, Inc. of Modesto, CA, in the amount of $8,529,985, and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution authorizing the Director of Utilities to approve Change Orders up to the cumulative amount of $852,998 (10% of the original contract price) for the Paradise Road Area Pedestrian and Bicycle Safety Improvements, ATPL 5059(233) Project.
ENGINEERING SERVICES; Phillip Soares, 209-577-5258, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2023-380 approving the Plans and Specifications for the Paradise Road Area Pedestrian and Bicycle Safety - 6 -
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Improvements, ATPL-5059(233) Project, Accepting the Bid, and Awarding a Contract to George Reed, Inc. of Modesto, CA, in the amount of $8,529,985, and authorizing the City Manager, or his designee, to execute the Agreement.
ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2023-381 authorizing the Director of Utilities to approve Change Orders up to the cumulative amount of $852,998 (10% of the original contract price) for the Paradise Road Area Pedestrian and Bicycle Safety Improvements, ATPL 5059(233) Project.
Consent
11. Consider accepting an Informational Update on the purchase of nine Modesto Police Department Patrol Vehicles and one Modesto Fire Department Boat with Trailer replacement. (Funding Source: General Fund and Fleet Replacement Fund) Motion accepting an Informational Update on the purchase of nine Modesto Police Department Patrol Vehicles and one Modesto Fire Department Boat with Trailer replacement.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Motion accepting an Informational Update on the purchase of nine Modesto Police Department Patrol Vehicles and one Modesto Fire Department Boat with Trailer replacement.
Consent
12. Consider approving the purchase for Fleet Addition and Replacements of thirteen Dump Truck, two Forklift Variable Reach and three Packers in the amount not to exceed $4,637,991. (Funding Source: Surface Transportation Fund and Fleet Replacement Fund)
Resolution approving the Competitive Bidding Process from Sourcewell with PB Loader Corporation, Fresno, CA for thirteen Dump Trucks for an amount not to exceed $2,803,943, authorizing the Purchasing Manager, or her designee, to issue the Purchase Order and execute any Change Orders not to exceed 15% of the total purchase price.
Resolution approving the Competitive Bidding Process from Sourcewell with Caterpillar Inc. Peoria, IL under authorized dealer Holt of California, Stockton, CA to purchase two Forklift Variable Reach for an amount not to exceed $241,893; authorizing the Purchasing Manager, or her designee, to issue the Purchase Order and execute any Change Orders not to exceed 15% of the total purchase price.
Resolution approving the Competitive Bidding Process from Sourcewell with Mack Trucks, Inc Greensboro, NC under the authorized dealer Western Truck Center, Sacramento, CA to purchase three Packers for an amount not to exceed $1,081,218; authorizing the Purchasing Manager, or her designee, to issue the Purchase Order and execute any Change Orders not to exceed 15% of the total purchase price.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] - 7 -
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ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2023-382 approving the Competitive Bidding Process from Sourcewell with PB Loader Corporation, Fresno, CA for thirteen Dump Trucks for an amount not to exceed $2,803,943, authorizing the Purchasing Manager, or her designee, to issue the Purchase Order and execute any Change Orders not to exceed 15% of the total purchase price.
ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2023-383 approving the Competitive Bidding Process from Sourcewell with Caterpillar Inc. Peoria, IL under authorized dealer Holt of California, Stockton, CA to purchase two Forklift Variable Reach for an amount not to exceed $241,893; authorizing the Purchasing Manager, or her designee, to issue the Purchase Order and execute any Change Orders not to exceed 15% of the total purchase price.
ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2023-384 approving the Competitive Bidding Process from Sourcewell with Mack Trucks, Inc Greensboro, NC under the authorized dealer Western Truck Center, Sacramento, CA to purchase three Packers for an amount not to exceed $1,081,218; authorizing the Purchasing Manager, or her designee, to issue the Purchase Order and execute any Change Orders not to exceed 15% of the total purchase price.
Consent
13. Consider approving a Side Letter Agreement with Modesto Firefighter’ Association for two additional holidays and a Side Letter Agreement for an adjustment to compensation for a special assignment. (Funding Source: General Fund) Resolution approving an Agreement with the Modesto Firefighters’ Association to add Cesar Chavez and Juneteenth to the recognized City holidays effective July 1, 2023 and authorizing the City Manager or his designee to take the necessary administrative action to implement the Agreement. Resolution approving an Agreement with the Modesto Firefighter’s Association to adjust special assignment compensation effective July 1, 2023 and authorizing the City Manager or his designee to take the necessary administrative action to implement the Agreement.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2023-385 approving an Agreement with the Modesto Firefighters’ Association to add Cesar Chavez and Juneteenth to the recognized City holidays effective July 1, 2023, and authorizing the City Manager or his designee to take the necessary administrative action to implement the Agreement.
ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2023-386 approving an Agreement with the Modesto Firefighter’s Association to adjust special assignment compensation effective July 1, 2023, and authorizing the City Manager or his designee to take the necessary administrative action to implement the Agreement.
Consent
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14. Consider authorizing the Submittal of Application(s) to the State of California Governor’s Office of Planning and Research Grants. (Funding Source: Not Applicable) Resolution authorizing the Submittal of Application(s) to the State of California Governor’s Office of Planning and Research Grants, and authorizing the City Manager, or his designee, to sign grant applications and related documents.
PUBLIC WORKS; Rosene Nguyen, 209-577-5453, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2023-387 authorizing the Submittal of Application(s) to the State of California Governor’s Office of Planning and Research Grants, and authorizing the City Manager, or his designee, to sign grant applications and related documents.
Consent
15. Consider accepting the Plans and Specifications for the Rebid La Loma Sewer Replacement Phase 1 Project and Awarding a Construction Contract to Mozingo Construction Inc, of Oakdale, CA, in the amount of $5,282,147 plus $792,322 in Contingency (if needed), for a total amount not to exceed $6,074,469. (Funding Source: Wastewater Fund)
Resolution approving Plans and Specifications for the Rebid La Loma Sewer Replacement Phase 1 Project, accepting the bid, and approving a Construction Contract with Mozingo Construction Inc, of Oakdale, CA, in the amount of $5,282,147 plus $792,322 in Contingency (if needed) for a total amount not to exceed $6,074,469 and authorizing the City Manager, or his designee, to execute the contract.
Resolution authorizing an increase in the Director’s Authority to issue Change Orders for the Rebid La Loma Sewer Replacement Phase 1 Project from 8% ($422,572) to 15% ($792,322) of the Construction Contract price of $5,282,147 with Mozingo Construction Inc, of Oakdale, CA.
Resolution amending the Fiscal Year 2023-24 Capital Improvement Program Budget in the amount of $6,190,690 to be transferred into the Project from Wastewater Reserves to fund the Rebid La Loma Sewer Replacement Phase 1 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: (Wright/Escutia-Braaton; 7/0) Resolution 2023-388 approving Plans and Specifications for the Rebid La Loma Sewer Replacement Phase 1 Project, accepting the bid, and approving a Construction Contract with Mozingo Construction Inc, of Oakdale, CA, in the amount of $5,282,147 plus $792,322 in Contingency (if needed) for a total amount not to exceed $6,074,469 and authorizing the City Manager, or his designee, to execute the contract.
ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2023-389 authorizing an increase in the Director’s Authority to issue Change Orders for the Rebid La Loma Sewer Replacement Phase 1 Project from 8% ($422,572) to 15% ($792,322) of the Construction Contract price of $5,282,147 with Mozingo Construction Inc, of Oakdale, - 9 -
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CA.
ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2023-390 amending the Fiscal Year 2023-24 Capital Improvement Program Budget in the amount of $6,190,690 to be transferred into the Project from Wastewater Reserves to fund the Rebid La Loma Sewer Replacement Phase 1 Project and authorizing the City Manager, or his designee, to implement the provisions of the Resolution.
COUNCIL COMMENTS & REPORTS
Councilmember Bavaro shared some comments that appeared in the Modesto Police Department, social media last week. In particular, the acknowledgment of the two-year anniversary since investigator Michael Rokaitis was shot while serving a search warrant with fellow officers at a at a resident in South-East Modesto.
Vice Mayor Ricci spoke about homelessness and stated the City needs to really look at adjusting expectations on homelessness and housing part of the homeless population isn’t enough. He further spoke about having jurisdictional discussions and commented it’s time they step forward so that neighbors, businesses, first responders, and hospitals don't have to deal with this crisis.
He also commented on safe sleeping and safe spaces. Vice Mayor Ricci also spoke about forestry and how the City can improve it for residents and stated residents deserve to know when their trees will be dealt with. He also commented on the Downtown Parking Program and the goal of finding ways to increase Commerce in downtown with better parking management.
There is a need for transparency about what the solutions are going to be, which include things like parking meters.
Mayor Zwahlen reported on attending the Stanislaus County Interfaith Council event learning and exploring the multi-faith and multi faith community. There were presenters from the Baha’i Faith, Modesto Church of the Brethren, Buddhist Society, and the Seventh Day Adventists. It was extremely informative and a real example of how the community comes together with people with many different beliefs. She also reported that she and the City Manager participated in the Kestrel Ridge Grand Opening, which is a homeless solution for people that are experiencing behavioral health issues. They are humble small places for people to live, but they're safe and provide services on site. It's another example of how the City is making progress to care for the vulnerable people in the community.
CITY MANAGER COMMENTS & REPORTS
None.
HEARINGS
Hearing Notice mailed to all ratepayers.
16. Hearing to consider Proposed Water Rate Increases for Fiscal Year 2023-24 through 2027-28. (Funding Source: Water Fund)
Resolution adopting Water Service Rates, effective October 1, 2023, for Fiscal Years 2023-24 through 2027-28 in accordance with Proposition 218. - 10 -
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UTILITIES; William Wong, 209-571-5801, [email protected] ACTION: (Bavarro/Williams; 6/1; Ricci No) Resolution 2023-391 adopting Water Service Rates, effective October 1, 2023, for Fiscal Years 2023-24 through 2027-28 in accordance with Proposition 218.
MATTERS TOO LATE FOR THE AGENDA
None
ADJOURNMENT
This meeting adjourned at 7:06 pm.
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: Chipponeri v. City of Modesto
Case No. 2028661
Attest:____________________________
Diane Nayares-Perez, City Clerk