- 1 -
1/9/2024 5:30:00 PM
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, January 09, 2024 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: Sandy Gunnarson, City Ministry Network
City Clerk’s Announcements: None
Declaration of Conflicts of Interest: None
Reports from Closed Session: City Attorney Sanchez stated there was no reportable action.
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Presentations of the Certificate of Achievement for Excellence in Financial Reporting and Popular Annual Financial Reporting Award by Government Finance Officers Association (GFOA) for Fiscal Year ending June 30, 2022, and Presentation for the Distinguished Budget Presentation Award by GFOA for Fiscal Year 2023-2024 Budget. (Funding Source: Not Applicable)
FINANCE; DeAnna Christensen, 209-577-5387, [email protected] - 2 -
1/9/2024 5:30:00 PM
ACTION: City Manager Lopez presented the Certificate of Achievement for Excellence in Financial Reporting and Popular Annual Financial Reporting Award by Government Finance Officers Association (GFOA) for Fiscal Year ending June 30, 2022, and Presentation for the Distinguished Budget Presentation Award by GFOA for Fiscal Year 2023-2024 Budget.
PUBLIC COMMENT IN PERSON
Samuel Wigt stated he wanted to acknowledge the dedication of individuals to the country. He raised concerns about the state of new buildings in North Modesto and their impact on roads and infrastructure. He highlighted issues in South Modesto, including gunshots, burnouts, and lack of sidewalks and urged accountability for companies like Gallo in addressing housing needs for various demographics. He also questioned the presence of bio labs in Modesto and suggested inquiry into CDC bio labs in Fresno. Danielle Morgan, Assembly Member Juan Alaniz's Representative provided a legislative update for the new year. She discussed Assembly Member Alaniz's committee appointments, emphasizing his roles in Agriculture, Public Safety, Business, and more.
She also encouraged the Council and the public to reach out if any assistance is needed from the Assembly Member.
Daphane Zuniga a member of the Park Youth Committee, invited the Council, City staff, and the public to a community presentation on January 29th regarding the Park Equity Project. She mentioned the diverse committee of high school students working on the project and extended gratitude for the City Councilmembers who RSVP'd for the presentation.
Steve expressed dissatisfaction with previous interactions and perceived threats made against him. Addressed the personnel matter involving Joseph Lamantia and questioned the Council's transparency. He requested accountability and action from the Council regarding Lamantia's potential reinstatement.
William Russell posed a specific question to the Council about actions they would take if a judge orders Joseph Lamantia's reinstatement. He requested concrete and specific plans from the Council to prevent Lamantia from being rehired and urged the Council to address the matter with gravity and seriousness.
Giancarlo expressed concern over the possible reinstatement of Joseph Lamantia. He presented demands for public safety, including preventing Lamantia's reinstatement and involving Trevor Seever's mom in any hearings. He questioned the Council's ability to ensure public trust in the police force.
Ramon Rodriguez discussed a video involving the police targeting a hot dog vendor, expressing concern over the allocation of resources. He reiterated concerns about Joseph Lamantia's potential return to the police force. He also spoke about the comments of a neo-Nazi at a previous meeting. without condemnation.
- 3 -
1/9/2024 5:30:00 PM
Gavin Bruce expressed disappointment at the removal of the option to submit public comments via Zoom. He raised concerns over former officer Joseph Lamantia's potential reinstatement, emphasizing public safety and the community's faith in the police force.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS 2-8: (Wright/Escutia-Braaton; 7/0)
CONSENT
Consent
2. Consider approving the minutes for the December 12, 2023 Council Meeting. (Funding Source: Not Applicable)
Motion approving the minutes for the December 12, 2023 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Motion approving the minutes for the December 12, 2023 Council Meeting.
Consent
3. Consider approving the recommended Budget Adjustments to Fiscal Year 2023-24 Annual Operating and Capital Improvement Program Budgets. (Funding Source:
Various Funds)
Resolution amending Fiscal Year 2023-24 Annual Operating and Capital Improvement Project Fund Budgets and authorizing the City Manager to take the necessary steps to implement the provisions of this Resolution.
BUDGET; Steve Christensen, 209-577-5390, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-001 amending Fiscal Year 2023-24 Annual Operating and Capital Improvement Project Fund Budgets and authorizing the City Manager to take the necessary steps to implement the provisions of this Resolution.
Consent
4. Consider approving a Professional Services Agreement with The Natelson Dale Group for Economic Development Strategic Planning, for a total amount not to exceed $144,875. (Funding Source: General Fund)
Resolution approving the Award of a Professional Services Agreement for Economic Development Strategic Planning Services to The Natelson Dale Group, Yorba Linda, California, for a one year Agreement for an amount not to exceed $144,875, and authorizing the City Manager, or his designee, to execute the Agreement.
CED; Trevin Barber, 209-571-5566, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-002 approving the Award of a Professional Services Agreement for Economic Development Strategic - 4 -
1/9/2024 5:30:00 PM
Planning Services to The Natelson Dale Group, Yorba Linda, California, for a one year Agreement for an amount not to exceed $144,875, and authorizing the City Manager, or his designee, to execute the Agreement
Consent
5. Consider accepting the Carpenter Road Landfill Mitigation Phase 1 Project as complete, releasing securities, releasing payments totaling $6,959,100 to Pacific States Environmental Contractors, Inc., of Dublin, CA, and authorizing the City Clerk to file a Notice of Completion. (Funding Source: Carpenter Road Landfill Fund, Water Fund Reserves)
Resolution accepting the Carpenter Road Landfill Mitigation Phase 1 Project as complete, releasing securities, releasing payments totaling $6,959,100 to Pacific States Environmental Contractors, Inc., of Dublin. 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 2024-003 accepting the Carpenter Road Landfill Mitigation Phase 1 Project as complete, releasing securities, releasing payments totaling $6,959,100 to Pacific States Environmental Contractors, Inc., of Dublin. CA., and authorizing the City Clerk to file a Notice of Completion.
Consent
6. Consider accepting an Informational Report for the October 2023 Accounts Payable Payment Register and Void Report. (Funding Source: Not Applicable) Motion accepting an Informational Report for the October 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 October 2023 Accounts Payable Payment Register and Void Report.
Consent
7. Consider accepting the Monthly Investment Report for October 2023. (Funding Source: Various Funds)
Motion accepting the Monthly Investment Report for October 2023.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
ACTION: (Wright/Escutia-Braaton; 7/0) Motion accepting the Monthly Investment Report for October 2023.
Consent
8. Consider approving an Engineering Services Agreement with NorthStar Engineering Group, of Modesto, CA, for the Bystrum Area Phase 1 – Strengthen and Replace Water Mains Project, in an amount not to exceed $366,432. (Funding Source: Water Fund) - 5 -
1/9/2024 5:30:00 PM
Resolution approving an Engineering Services Agreement with NorthStar Engineering Group, of Modesto, CA, for the Bystrum Area Phase 1 - Strengthen and Replace Water Mains Project in the amount of $333,120, plus $33,312 in additional services, if needed, for a total amount not to exceed $366,432 and authorizing the City Manager, or his designee, to execute the Agreement.
UTILITIES; David Felix, 209-577-5488, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-004 approving an Engineering Services Agreement with NorthStar Engineering Group, of Modesto, CA, for the Bystrum Area Phase 1 - Strengthen and Replace Water Mains Project in the amount of $333,120, plus $33,312 in additional services, if needed, for a total amount not to exceed $366,432 and authorizing the City Manager, or his designee, to execute the Agreement.
COUNCIL COMMENTS & REPORTS
Council Member Bavaro expressed sadness over the passing of retired Battalion Chief Cecil Donald Ridge. He highlighting Cecil’s 32 years of service in the Modesto Fire Department.
Chief Ridge was a dedicated labor leader, played a crucial role in preserving firefighter jobs during the 2008 economic downturn.
Council Member Ricci summarized various accomplishments in 2023, including park improvements, lifting the cruising ban, acquiring a police airplane, and enhancing fireworks enforcement.
Council Member Williams extended condolences for Chief Ridge and wished everyone a Happy New Year. He also shared information about upcoming Martin Luther King events and expressed gratitude for Measure H's impact on addressing homelessness.
Council Member Escutia-Braaton highlighted financial awards for the City's departments, particularly praising the Community Development Division's recognition for the Downtown Streets team's work. She acknowledged the opening of the Modesto Day Center, emphasizing ongoing efforts to address homelessness.
Vice Mayor Alvarez celebrated wins in housing, park renovations, security measures, and road improvements in 2023. He also proposed a shift in handling code violations related to street vendors.
Council Member Williams recognized Jessica Hill with a "Rock Star Award" for her exceptional work in economic development, housing, and homelessness.
Mayor Zwahlen expressed appreciation for the community's support, commended city staff, and shared positive experiences, including Modesto on Ice and the Modesto Police Department ceremony.
- 6 -
1/9/2024 5:30:00 PM
CITY MANAGER COMMENTS & REPORTS
None.
NEW BUSINESS
9. Consider approving a Second Amendment to the City Clerk Employment Agreement with Diane Nayares-Perez, adjusting the compensation as a result of a positive performance evaluation. (Funding Source: General Fund)
Resolution approving a Second Amendment to the Employment Agreement with Diane Nayares-Perez, to increase base salary to $153,545.60.
HR; Christina Alger, 209-571-5126, [email protected] ACTION: (Escutia-Braaton/Wright; 7/0) Resolution 2024-005 approving a Second Amendment to the Employment Agreement with Diane Nayares-Perez, to increase base salary to $153,545.60.
MATTERS TOO LATE FOR THE AGENDA
None.
ADJOURNMENT
The meeting adjourned at 6:27 pm.
All Closed Session Matters heard prior to the meeting.
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Two Case (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: Oscar Nelson Ocana Duarte v. City of Modesto, et al.
Superior Court of California, County of Stanislaus
Case No.: CV-21-002436
Silvina Martinez v. City of Modesto
Superior Court of California, County of Stanislaus
Case No.: CV-19-006820
- 7 -
1/9/2024 5:30:00 PM
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Two Cases (Pursuant to Section 54956.9(a) of the Government Code) Name of case(s): Matthew Ponce v. City of Modesto
California Workers Compensation Appeals Board
Nos. ADJ16177617, ADJ8125320 & ADJ7075154
Billy Bush v. City of Modesto
California Workers Compensation Appeals Board
Nos. Unassigned
Attest:____________________________
Diane Nayares-Perez, City Clerk