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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, September 26, 2023 at 5:30 PM
Roll Call – Present: Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
Absent: None
Pledge of Allegiance to the Flag
Invocation: Mike Gunnerson, City Ministry Network
City Clerk’s Announcements: None
Declaration of Conflicts of Interest: None
Reports from Closed Session: City Attorney Sanchez reported that No Reportable Action was taken.
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Proclamation declaring October 2023 as National Domestic Violence Awareness Month. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597, [email protected] ACTION: Mayor Zwahlen presented a proclamation declaring October 2023 as National Domestic Violence Awareness Month.
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2. Proclamation declaring October 8-14, 2023 as National Fire Prevention Week. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597, [email protected] ACTION: Mayor Zwahlen presented a proclamation declaring October 8-14, 2023 as National Fire Prevention Week.
PUBLIC COMMENT PERIOD
Jerry Thompson spoke about participating in the grand opening of the Sacramento Museum in old Sacramento, for the Lowrider community. He also requested that the Council make the A&W Restaurant a historical site.
J provided public comments.
Susana Mendita-Beasley invited the Council and the public to attend the 30th International Heritage Festival that will be held on October 7 at Graceada Park. RM provided public comments.
Diane Kroeze spoke about homelessness, safe parking and the need for additional safe spaces for the homeless.
JS provided public comments.
Lynelle Solomon spoke about the homeless and the need for a safe place for them to sleep.
Betty Santo requested that the Council make the A&W Restaurant a historical site. Sam spoke about the islands installed in South Modesto, the lack of sidewalks for children to walk to school and the damaged roads in South Modesto that are in need of repair.
Cece Hurst-Hart introduced herself to the Council and public as the new Central Valley community organizer for Tuolumne River Trust and spoke about Dry Creek and Tuolumne River Regional Park.
Richard Navarro, Modesto Sister Cities spoke about the event held in honor of Modesto's 150th anniversary. MSCI organized an event and he thanked all of the City Councilmembers that attended.
Walt Bowman requested that the Council make the A&W Restaurant a historical site. Maggie Countryman commented on an Appeal of a Board of Zoning Adjustment and read the court’s decision aloud.
Zaff commented on the advocacy his spouse Lynelle does on behalf of the homeless. He stated that it’s time to have a safe place for the homeless. Loretta Carhart spoke about the homeless.
A resident spoke in support of support of making the A&W Restaurant a historical site.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS 3-15: (Wright/Ricci; 7/0)
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CONSENT
Consent
3. Consider approving the minutes from the September 12, 2023 Council Meeting. (Funding Source: Not Applicable)
Motion approving the minutes from the September 12, 2023 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Ricci; 7/0) Motion approving the minutes from the September 12, 2023 Council Meeting.
Consent
4. Consider approving a Will Serve Letter and Outside Service Agreement for Water Service for the property located at 1240 Ohio Avenue (APN: 007-049-012). (Funding Source: Water Fund, General Fund)
Resolution approving a Will Serve Letter and Outside Service Agreement between the City of Modesto and David Word and Sovauhna Word, husband and wife, to connect to the City of Modesto’s existing water system for the property located at 1240 Ohio Avenue in Modesto (APN: 007-049-012), and authorizing the City Manager, or his designee, to sign the Will Serve Letter and execute the Outside Service Agreement.
ENGINEERING SERVICES; Toby Wells, 209-571-5542, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2023-426 approving a Will Serve Letter and Outside Service Agreement between the City of Modesto and David Word and Sovauhna Word, husband and wife, to connect to the City of Modesto’s existing water system for the property located at 1240 Ohio Avenue in Modesto (APN: 007-049-012), and authorizing the City Manager, or his designee, to sign the Will Serve Letter and execute the Outside Service Agreement.
Consent
5. Consider accepting the Rebid Sutter Sanitary Sewer Trunk Rehabilitation Project, Phase 1 as complete, releasing securities, and releasing payments totaling $3,428,253 to Mozingo Construction, Inc., of Oakdale, CA., and authorizing the City Clerk to file a Notice of Completion. (Funding Source: Wastewater Fund) Resolution accepting the Rebid Sutter Sanitary Sewer Trunk Rehabilitation Project, Phase 1 Project as complete, releasing securities, and releasing payments totaling $3,428,253 to Mozingo Construction of Oakdale, CA., and authorizing the City Clerk to file a Notice of Completion.
ENGINEERING SERVICES; Peter Kambel, 209-577-5444, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2023-427 accepting the Rebid Sutter Sanitary Sewer Trunk Rehabilitation Project, Phase 1 Project as complete, releasing securities, and releasing payments totaling $3,428,253 to Mozingo Construction of Oakdale, CA., and authorizing the City Clerk to file a Notice of Completion.
Consent
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6. Consider an Ordinance amending sections of Title 8, Chapter 3 of the Modesto Municipal Code to increase the City Manager’s authority for all contracts and purchase orders from $50,000 to $100,000 for goods/services; increasing the City Manager’s authority for all emergency projects, purchases and services; increasing the formal bidding authority from $50,000 to $100,000; expanding the definition of professional services; and adding language to allow for electronic bidding and rescinding the First Reading of the Ordinance approved by Council on July 11, 2023. (Funding Source: Not Applicable)
Motion introducing and waiving the first reading of an Ordinance amending sections of Title 8, Chapter 3 of the Modesto Municipal Code to increase the City Manager’s authority for all contracts and purchase orders from $50,000 to $100,000 for goods/services; increasing the City Manager’s authority for all emergency projects, purchases and services; increasing the formal bidding authority from $50,000 to $100,000; expanding the definition of professional services; and adding language to allow for electronic bidding and rescinding the First Reading of the Ordinance approved by Council on July 11, 2023.
FINANCE; DeAnna Christensen, 209-577-5387, [email protected] ACTION: (Wright/Ricci; 7/0) Motion introducing and waiving the first reading of Ordinance 3766-C.S. amending sections of Title 8, Chapter 3 of the Modesto Municipal Code to increase the City Manager’s authority for all contracts and purchase orders from $50,000 to $100,000 for goods/services; increasing the City Manager’s authority for all emergency projects, purchases and services; increasing the formal bidding authority from $50,000 to $100,000; expanding the definition of professional services; and adding language to allow for electronic bidding and rescinding the First Reading of the Ordinance approved by Council on July 11, 2023.
Consent
7. Consider approving the First Amendment for On-Call Plumbing Services with Champion Industrial Contractors, Inc., Modesto, CA to a revised total amount of $432,370 through the term of the Agreement. (Funding Source: General Fund, Utility Funds, Centre Plaza, Golf Fund and Building Services Fund) Resolution approving the First Amendment for On-Call Plumbing Services with Champion Industrial Contractors, Inc., Modesto, CA to increase the Agreement amount by $86,250 to a total revised amount not to exceed $432,370 through the Term of the Agreement, extending the Term Date from November 5, 2023, to May 5, 2024, and authorizing the City Manager or his designee to execute the Amendment.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2023-428 approving the First Amendment for On-Call Plumbing Services with Champion Industrial Contractors, Inc., Modesto, CA to increase the Agreement amount by $86,250 to a total revised amount not to exceed $432,370 through the Term of the Agreement, extending the Term Date from November 5, 2023, to May 5, 2024, and authorizing the City Manager or his designee to execute the Amendment.
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Consent
8. Consider accepting an Informational Report for the July 2023 Accounts Payable Payment Register and Void Report. (Funding Source: Not Applicable) Motion accepting an Informational Report for the July 2023 Accounts Payable Payment Register and Void Report.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Wright/Ricci; 7/0) Motion accepting an Informational Report for the July 2023 Accounts Payable Payment Register and Void Report.
Consent
9. Consider accepting the Annual Investment Report for Fiscal Year 2022-2023. (Funding Source: Various Funds)
Motion accepting the Annual Investment Report for Fiscal Year 2022-2023.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
ACTION: (Wright/Ricci; 7/0) Motion accepting the Annual Investment Report for Fiscal Year 2022-2023.
Consent
10. Consider accepting a report detailing City personal property sold, donated, or disposed of during Fiscal Year 2022-23. (Funding Source: Various Funds) Motion accepting a report detailing all personal property sold, donated, or disposed of during Fiscal Year 2022-23.
FINANCE DEPARTMENT; Vanessa Ferrel, 209-571-5174, [email protected] ACTION: (Wright/Ricci; 7/0) Motion accepting a report detailing all personal property sold, donated, or disposed of during Fiscal Year 2022-23.
Consent
11. Consider approving a report on Fiscal Year 2022-2023 unclaimed funds of $11,601 that can be transferred to the General Fund. (Funding Source: General Fund) Resolution claiming Fiscal Year 2022-2023 unclaimed funds of $11,601 held in the City’s trust fund for more than three years and authorizing the transfer to the General Fund.
FINANCE DEPARTMENT; Vanessa Ferrel, 209-571-5174, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2023-429 claiming Fiscal Year 2022-2023 unclaimed funds of $11,601 held in the City’s trust fund for more than three years and authorizing the transfer to the General Fund.
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Consent
12. Consider approving the Fiscal Year 2022-23 Write-Off and Adjustments Reports through Fiscal Year-end June 30, 2023, in the total amount of $1,310,155. (Funding Source: Various Funds)
Resolution approving the 2022-2023 Write-Off and Adjustments Reports through Fiscal Year end June 30, 2023 in the total amount of $1,310,155 and directing a Report of Disposition to be filed with the City Clerk.
FINANCE DEPARTMENT; Vanessa Ferrel, 209-571-5174, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2023-430 approving the 2022-2023 WriteOff and Adjustments Reports through Fiscal Year end June 30, 2023 in the total amount of $1,310,155 and directing a Report of Disposition to be filed with the City Clerk.
Consent
13. Consider accepting the Board of State and Community Corrections Organized Retail Theft Prevention Grant in the amount of $6,003,419 in grant funds. (Funding Source:
Not Applicable)
Resolution accepting the Board of State and Community Corrections (BSCC) Organized Retail Theft Prevention Grant in the amount of $6,003,419 in grant funds with no match requirement, and authorizing the City Manager, or his designee, to execute and submit all documents which may be necessary for the completion of the grant acceptance.
Resolution amending the Fiscal Year 2023-2024 annual Operating and MultiYear Project Budget to appropriate revenue and expenses in the amount of $6,003,419 related to the Board of State and Community Corrections Organized Retail Theft Prevention Grant; and authorizing the City Manager, or his designee, to take the necessary steps to implement the required budget adjustment.
Resolution amending the Position Allocation for Fiscal Year 2023-2024 as adopted in the operating budget.
POLICE; Bob Meredith, 209-572-9500, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2023-431 accepting the Board of State and Community Corrections (BSCC) Organized Retail Theft Prevention Grant in the amount of $6,003,419 in grant funds with no match requirement, and authorizing the City Manager, or his designee, to execute and submit all documents which may be necessary for the completion of the grant acceptance.
ACTION: (Wright/Ricci; 7/0) Resolution 2023-432 amending the Fiscal Year 2023- 2024 annual Operating and Multi-Year Project Budget to appropriate revenue and expenses in the amount of $6,003,419 related to the Board of State and Community Corrections Organized Retail Theft Prevention Grant; and authorizing the City Manager, or his designee, to take the necessary steps to implement the required budget adjustment.
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ACTION: (Wright/Ricci; 7/0) Resolution 2023-433 amending the Position Allocation for Fiscal Year 2023-2024 as adopted in the operating budget.
Consent
14. Consider approving an Agreement for Building Intrusion Alarm Services to Audeamus DBA Sebastian, Fresno, CA, for a total amount not to exceed $83,998 over five years. (Funding Source: Building Maintenance Fund)
Resolution approving the Award of Bid and Agreement for Building Intrusion Alarm Services to Audeamus DBA Sebastian, Fresno, CA, for a two-year Agreement with three one-year extension options, for an annual estimated amount of $33,149 for the first year and a total amount not to exceed $83,998 over five years, with any new site additions, removals or substantive service changes to be authorized by the Director of Finance, or her designee, and authorizing the City Manager, or his designee, to execute the Agreement.
PUBLIC WORKS; Patrick Crowley, 209-402-6812, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2023-434 approving the Award of Bid and Agreement for Building Intrusion Alarm Services to Audeamus DBA Sebastian, Fresno, CA, for a two-year Agreement with three one-year extension options, for an annual estimated amount of $33,149 for the first year and a total amount not to exceed $83,998 over five years, with any new site additions, removals or substantive service changes to be authorized by the Director of Finance, or her designee, and authorizing the City Manager, or his designee, to execute the Agreement.
Consent
15. Consider the submittal of a Grant Application(s) to the State of California Strategic Growth Council to support investment in sustainability and climate change mitigation. (Funding Source: Solid Waste Funds)
Resolution authorizing the submittal of a Grant Application(s) to the State of California Strategic Growth Council to support investment in sustainability and climate change mitigation, 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/Ricci; 7/0) Resolution 2023-435 authorizing the submittal of a Grant Application(s) to the State of California Strategic Growth Council to support investment in sustainability and climate change mitigation, and authorizing the City Manager, or his designee, to sign grant applications and related documents.
Recess 6:29 p.m.
Reconvene 6:44 p.m.
Mayor Zwahlen apologized that the public had to experience the comments provided under Zoom tonight. She stated that those comments continued to raise repetitious and irrelevant statements, not within the subject matter jurisdiction of the Council. The comments interfered with the orderly conduct of the meeting and kept the business of the City from being completed. - 8 -
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The City is not obligated to provide Zoom unless a member of the Council is participating virtually under the provisions of Assembly Bill 2449.
COUNCIL COMMENTS & REPORTS
Councilmember Bavaro denounced the hate and racist comments that were made this evening via Zoom by some members of the public. He spoke about the memories this brings back as a child, his dad was in the Italian Army, and he remembers listening to the stories that his dad would tell him about the Nazis and the fascist government in Italy. He never would have believed he’d hear what he heard at the meeting this evening.
Vice Mayor Ricci echoed the comments made by Councilmember Bavaro. He also thanked the people for coming together and supporting making A&W an official Modesto landmark. He invited the public to attend the welcoming of the restored Leo the Lion water fountain that will be placed in its new home on Friday, September 29th at Virginia Corridor at W. Morris and Virginia Avenue. He further commented on Enslen Park and the issues there with the homeless.
The City does not have enough shelter, and when there’s not enough shelter, the homeless live in the City parks, neighborhoods, and businesses.
Mayor Zwahlen reported the Modesto Nuts were the California League Champions this year. It was a great celebration, and she was fortunate enough to be there for their final home game. She also reported the Deputy Mayor of Khmelnytskyi, the City’s sister city in Ukraine, came and presented Vice Mayor Ricci and the Mayor with a Ukrainian flag that was signed by the frontline soldiers. She further reported on attending the League of California Cities Conference last week, and reported on the new housing on Ninth Street, which will provide housing for 18 to 25 yearolds that have previously been homeless. She further reported that she along with fellow Councilmembers attended the Sister Cities 150th Gala to celebrate Modesto’s 150th Birthday.
Councilmember Alvarez spoke about housing and reported on the new housing on Ninth Street and stated that he appreciates the work of the Housing Department in bringing dollars to the City of Modesto for affordable housing. The City of Modesto celebrated the opening of the 14 permanent supportive housing units for homeless and at-risk youth in the downtown on Ninth Street and provided details about the project. He also commented about a county pockets and wanted to highlight and thank Stanislaus County Board of Supervisor for recently earmarking $40 million for sidewalks and other basic municipal services like streetlights, gutters and lights, and crossing lights in South Modesto, Airport community and the West Side of Modesto. He also shared his experiences while growing up and personally walking through mud puddles with his siblings to get to Burbank Elementary during the rainy seasons. He further spoke about his experiences and what led him to public service. He hears the comments made by the public in terms of basic services in county pockets and stated the City of Modesto and the Stanislaus County Board of Supervisors are dedicated to bringing basic municipal services to these areas that are traditionally and historically underserved.
Councilmember Williams commented that Veronica, General Manager of the Nuts is the first female General Manager in its history and to have been able to acquire a championship for the City of Modesto. He congratulated her and all of those who won. He also reported on attending - 9 -
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the League of California Cities conference, along with his colleagues in Sacramento. Lastly, he thanked this Council, particularly the Mayor, for handling this meeting the way that she did in eliminating things that have nothing to do with the character of individuals who are on this dais.
He expressed his appreciation for each and every one of his colleagues, male, female, whatever ethnicity and stated that we are all a part of the human race. He is so glad to be a part of this wonderful dais that they call the City of Modesto City Councilmembers.
Councilmember Escutia-Bratton stated that she agrees with the comments made by her Council colleagues. She stated that she wanted to publicly denounce the unfortunate and hateful speech heard here tonight and wanted to applaud the Mayor, for her demonstration of leadership in handling those words. She also stated that she wanted to articulate the amazing work that they have collectively been doing as a united Council in collaboration with staff, fire, police, law enforcement and members of the community and members of the nonprofits. Their work product is providing fruitful, tangible results and benefiting people. They are going to continue to work with and collaborate to make Modesto a better place to be and live and to raise children.
CITY MANAGER COMMENTS & REPORTS
None
HEARINGS
Published in the Modesto Bee on August 16, 2023 - Continued from September 12, 2023
16. Hearing to consider acceptance of the City of Modesto’s Consolidated Annual Performance Evaluation Report for Program Year 2022-2023. (Funding Source:
Various HUD Funding Sources)
Resolution approving the City of Modesto’s Consolidated Annual Performance Evaluation Report for Program Year 2022-2023 and authorizing the City Manager or his designee, to sign the required documents for submittal to the U.S. Department of Housing and Urban Development.
CED; Jessica Hill, 209-577-5321, [email protected]
ACTION: (Alvarez/Wright; 7/0) Resolution 2023-436 approving the City of Modesto’s Consolidated Annual Performance Evaluation Report for Program Year 2022-2023 and authorizing the City Manager or his designee, to sign the required documents for submittal to the U.S. Department of Housing and Urban Development.
Published in the Modesto Bee on September 7, 2023.
17. Hearing to consider approving the Earth Day in the Park Event Fee Schedule. (Funding Source: Solid Waste Fund)
Resolution approving the Earth Day in the Park Event Fee Schedule, and authorizing the Public Works Director, or his designee, to adjust fees.
PUBLIC WORKS; Rosene Nguyen, 209-577-5453, [email protected] ACTION: (Bavaro/Alvarez; 7/0) Resolution 2023-437 approving the Earth Day in the Park Event Fee Schedule, and authorizing the Public Works Director, or his designee, to adjust fees.
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MATTERS TOO LATE FOR THE AGENDA
None.
ADJOURNMENT
This meeting adjourned at 7:19 pm.
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
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Two Cases (Pursuant to Section 54956.9(a) of the Government Code) Name of case(s): Gerald Bunch v. City of Modesto
California Workers Compensation Appeals Board
Nos. ADJ14606157, ADJ14647656 & ADJ15874633
Thomas Gales v. City of Modesto
California Workers Compensation Appeals Board
Nos. ADJ8887460
Attest:____________________________
Diane Nayares-Perez, City Clerk