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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, February 06, 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: David Gingerich, Covenant Grove Church
City Clerk’s Announcements: None
Declaration of Conflicts of Interest – Council Member Wiliams Item 8.
Reports from Closed Session: City Attorney Sanchez stated there was No Reportable Action.
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Proclamation declaring February 11th - 17th as Future Business Leaders of America Week. (Funding Source: Not Applicablie)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597, [email protected] ACTION: Mayor Zwahlen presented a Proclamation declaring February 11th - 17th as Future Business Leaders of America Week.
MISCELLANEOUS
2. Consider approving the appointment of Cecil Russell as the Planning Commission Representative to the Citizens Housing and Community Development Committee for 2024, with a term expiration of December 31, 2024. (Funding Source: Not Applicable) - 2 -
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Staff Recommendation:
Resolution approving the appointment of Cecil Russell as the Planning Commission Representative to the Citizens Housing and Community Development Committee, with a term expiration of December 31, 2024.
CED; Jessica Hill, 209-577-5267, [email protected]
ACTION: (Bavaro/Wright; 5/2; Alvarez, Ricci No) Resolution 2024-032 approving the appointment of Cecil Russell as the Planning Commission Representative to the Citizens Housing and Community Development Committee, with a term expiration of December 31, 2024.
3. Consider approving the appointment of Roger Shanks as the Planning Commission Representative to the Board of Zoning Adjustment (BZA) for 2024, with a term expiration of December 31, 2024. (Funding Source: Not Applicable) Staff Recommendation:
Resolution approving the appointment of Planning Commissioner Roger Shanks to the Board of Zoning Adjustment as a Planning Commission Representative with a term expiration date of December 31, 2024.
CED; Jessica Hill, 209-577-5267, [email protected]
ACTION: (Wright/Ricci; 7/0) Resolution 2024-033 approving the appointment of Planning Commissioner Roger Shanks to the Board of Zoning Adjustment as a Planning Commission Representative with a term expiration date of December 31, 2024.
4. Consider reappointing Chris Murphy, Pervez Khan and Angela Cangiamilla and appointing Damon Robbins and Helda Paules to the Visit Modesto Board of Directors for a two-year term from January 1, 2024 to December 31, 2025. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution reappointing Chris Murphy, Pervez Khan, and Angela Cangiamilla to the Visit Modesto Board of Directors for a two-year term from January 1, 2024 to December 31, 2025.
Resolution appointing Damon Robbins and Helda Paules to the Visit Modesto Board of Directors for a two-year term from January 1, 2024 to December 31, 2025.
PRN; Nathan Houx, 209-571-5526, [email protected]
ACTION: (Wright/Bavaro; 7/0) Resolution 2024-034 reappointing Chris Murphy, Pervez Khan, and Angela Cangiamilla to the Visit Modesto Board of Directors for a two-year term from January 1, 2024 to December 31, 2025.
ACTION: (Wright/Bavaro; 7/0) Resolution 2024-035 appointing Damon Robbins and Helda Paules to the Visit Modesto Board of Directors for a two-year term from January 1, 2024 to December 31, 2025.
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PUBLIC COMMENT IN PERSON
Diane Kroeze expressed concern about the lack of adequate help for the homeless population, particularly in light of inclement weather and the absence of available shelters. She emphasized the stalled progress of Bridge Housing and urged the Council to prioritize immediate assistance for those living on the streets. Nancy Robinson, President of the Modesto Garden Club, highlighted the club's centennial celebrations and upcoming events, including a groundbreaking ceremony, a spring garden tour, and a summer luncheon. She invited Council Members and the public to participate and support their initiatives.
Laura Placencia, a community organizer with Valley Improvement Projects, advocated for the implementation of zero waste programs and practices in response to the potential closure of the local incinerator. She emphasized the environmental and health risks associated with incinerators and urged the council to consider alternative waste management solutions.
Emerson Drake echoed concerns about the incinerator and critiqued past decisions regarding waste management contracts. He also raised questions about proposed developments in Salida and expressed skepticism about the city's financial decisions. Kevin McClarty raised concerns about the reduction in operating hours at a local Walgreens pharmacy and questioned whether the city had a contract ensuring 24-hour accessibility to pharmacy services. He emphasized the importance of maintaining access CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS 5-7, 9, 12-16: ACTION: (Wright/Williams; 7/0)
CONSENT
Consent
5. Consider approving the minutes for the January 23, 2024 Council Meeting. (Funding Source: Not Applicable)
Motion approving the minutes for the January 23, 2024 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Williams; 7/0) Motion approving the minutes for the January 23, 2024 Council Meeting.
Consent
6. Consider approving Final Adoption of Ordinance 3777-C.S. adopting a Precise Plan for Village One Precise Plan Area No. 35 south with Amendment of Section 18-3-10 of the Zoning Map to rezone from Specific Plan-Holding (SP-H) Zone to Specific Plan (SP), property located east of Claus Road, south of Milnes Road and north of East Briggsmore Avenue. (DR Horton Bay, Inc) (Funding Source: Not Applicable) Motion approving Final Adoption of Ordinance 3777-C.S. adopting a Precise Plan for Village One Precise Plan Area No. 35 south with Amendment of Section 18-3-10 of the Zoning Map to rezone from Specific Plan-Holding (SP- - 4 -
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H) Zone to Specific Plan (SP), property located east of Claus Road, south of Milnes Road and north of East Briggsmore Avenue. (DR Horton Bay, Inc) CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Williams; 7/0) Motion approving Final Adoption of Ordinance 3777-C.S. adopting a Precise Plan for Village One Precise Plan Area No. 35 south with Amendment of Section 18-3-10 of the Zoning Map to rezone from Specific PlanHolding (SP-H) Zone to Specific Plan (SP), property located east of Claus Road, south of Milnes Road and north of East Briggsmore Avenue. (DR Horton Bay, Inc) Consent
7. 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/Williams; 7/0) Resolution 2024-036 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.
(Removed from Consent – Council Member Williams Conflict) Consent
8. Consider accepting the Transit Center Improvements and Transit Center Addition Project as complete, releasing securities, releasing payments totaling $5,668,762 to Simile Construction Services, Inc., of Modesto, CA., and authorizing the City Clerk to file a Notice of Completion. (Funding Source: Federal Transit Administration, Local Transportation Funds, State – SB1 State of Good Repair and Low Carbon Transit Operations Program)
Resolution accepting the Transit Center Improvements and Transit Center Addition Project as complete, releasing securities, releasing payments totaling $5,668,762 to Simile Construction Services, Inc., of Modesto, CA., and authorizing the City Clerk to file a Notice of Completion.
ENGINEERING SERVICES; Peter Kambel, 209-577-5444, [email protected] ACTION: (Escutia-Braaton/Wright; 6/0; Williams Recused) Resolution 2024-037 accepting the Transit Center Improvements and Transit Center Addition Project as complete, releasing securities, releasing payments totaling $5,668,762 to Simile Construction Services, Inc., of Modesto, CA., and authorizing the City Clerk to file a Notice of Completion.
Consent
9. Consider approving the Amendments to the Portable Toilet Rental Services Agreement to increase the amount by $35,000 and for a revised total amount not to exceed $618,250 over the term of the Agreement with Sun Valley Portable Restrooms, Inc. of - 5 -
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Turlock, CA and United Site Services, Inc. of Modesto, CA. (Funding Source: Water Fund, Various Funds)
Resolution approving a First Amendment to the Portable Toilet Rental Services Agreement to increase the amount by $20,000 with Sun Valley Portable Restrooms, Inc. of Turlock, CA; a Third Amendment to increase the amount by $15,000 with United Site Services, Inc. of Modesto, CA for a revised combined total amount not to exceed $618,250 over the term of the Agreement; and utilizing the services based on the lowest pricing defined under current contractual rates; and authorizing the City Manager, or his designee, to execute the Amendments.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2024-038 approving a First Amendment to the Portable Toilet Rental Services Agreement to increase the amount by $20,000 with Sun Valley Portable Restrooms, Inc. of Turlock, CA; a Third Amendment to increase the amount by $15,000 with United Site Services, Inc. of Modesto, CA for a revised combined total amount not to exceed $618,250 over the term of the Agreement; and utilizing the services based on the lowest pricing defined under current contractual rates; and authorizing the City Manager, or his designee, to execute the Amendments.
(Removed from Consent)
Consent
10. Consider approving the purchase for various Fleet Addition and Replacements for Fleet Vehicles which includes twelve Pickup Trucks, seven Chevy Tahoe Interceptors, ten Ford Police Interceptors, and one Telehandler Forklift in the amount not to exceed $2,106,219. (Funding Source: Fleet Replacement Fund and General Fund) Resolution approving the Award of Bid and purchase for twelve Half-Ton Pickup Trucks with Rush Truck Center, Ceres, CA for an amount not to exceed $592,263; authorizing the Purchasing Manager, or her designee, to issue the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any Change Orders not to exceed 15% of the total purchase price. Resolution approving the Competitive Bidding Process from the State of California, Department of General Services to Folsom Lake Ford, Folsom, CA for the purchase of ten Ford Police Interceptors for an amount not to exceed $611,583; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any Change Orders not to exceed 15% of the total purchase price. Resolution approving the Competitive Bidding Process from the State of California, Department of General Services to Winner Chevrolet, Elk Grove, CA for the purchase of seven Chevy Tahoes for an amount not to exceed $419,172; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any Change Orders not to exceed 15% of the total purchase price. Resolution approving the Competitive Bidding Process from Sourcewell to Caterpillar Inc. Peoria, IL under authorized dealer Holt of California, Stockton, CA, for the purchase of one Telehandler Forklift Variable Reach for an amount not to exceed $208,474; and authorizing the Purchasing Manager, or her - 6 -
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designee, to issue the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any Change Orders not to exceed 15% of the total purchase price.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] ACTION: (Wright/Alvarez; 7/0) Resolution 2024-039 approving the Award of Bid and purchase for twelve Half-Ton Pickup Trucks with Rush Truck Center, Ceres, CA for an amount not to exceed $592,263; authorizing the Purchasing Manager, or her designee, to issue the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any Change Orders not to exceed 15% of the total purchase price.
ACTION: (Wright/Alvarez; 7/0) Resolution 2024-040 approving the Competitive Bidding Process from the State of California, Department of General Services to Folsom Lake Ford, Folsom, CA for the purchase of ten Ford Police Interceptors for an amount not to exceed $611,583; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any Change Orders not to exceed 15% of the total purchase price.
ACTION: (Wright/Alvarez; 7/0) Resolution 2024-041 approving the Competitive Bidding Process from the State of California, Department of General Services to Winner Chevrolet, Elk Grove, CA for the purchase of seven Chevy Tahoes for an amount not to exceed $419,172; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any Change Orders not to exceed 15% of the total purchase price.
ACTION: (Wright/Alvarez; 7/0) Resolution 2024-042 approving the Competitive Bidding Process from Sourcewell to Caterpillar Inc. Peoria, IL under authorized dealer Holt of California, Stockton, CA, for the purchase of one Telehandler Forklift Variable Reach for an amount not to exceed $208,474; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any Change Orders not to exceed 15% of the total purchase price.
(Removed from Consent)
Consent
11. Consider accepting an Informational Report for the December 2023 Accounts Payable Payment Register and Void Report. (Funding Source: Not Applicable) Motion accepting an Informational Report for the December 2023 Accounts Payable Payment Register and Void Report.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Ricci/Escutia-Braaton; 7/0) Motion accepting an Informational Report for the December 2023 Accounts Payable Payment Register and Void Report.
Consent
12. Consider accepting an Informational Report on the July and August 2023 Grant Applications and Awards. (Funding Source: Not Applicable) - 7 -
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Motion accepting an Informational Report for the July and August 2023 Grant Applications and Awards.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Wright/Williams; 7/0) Motion accepting an Informational Report for the July and August 2023 Grant Applications and Awards.
Consent
13. Consider accepting specified Grant Funds from the State of California Budget Act of 2023 in the amount of $400,000 for The Awesome Spot Playground and recommending the submittal of a Grant Application. (Funding Source: State of California Budget Act of 2023)
Resolution approving the application for specified Grant Funds from the Budget Act of 2023, 19.561(b)(1) Awesome Spot Playground and authorizing the City Manager, or his designee, to execute all documents necessary to implement the provisions of this Resolution.
Resolution amending the Fiscal Year 2023-2024 Capital Improvement Program Budget to fund Project #100984 - Awesome Spot Playground in an amount not to exceed $400,000 in transfers, revenue, and to budget expenditures to fully fund the project, and authorizing the City Manager, or his designee, to implement the provisions of this Resolution.
PRN; Nathan Houx, 209-571-5526, [email protected]
ACTION: (Wright/Williams; 7/0) Resolution 2024-043 approving the application for specified Grant Funds from the Budget Act of 2023, 19.561(b)(1) Awesome Spot Playground and authorizing the City Manager, or his designee, to execute all documents necessary to implement the provisions of this Resolution.
ACTION: (Wright/Williams; 7/0) Resolution 2024-044 amending the Fiscal Year 2023-2024 Capital Improvement Program Budget to fund Project #100984 - Awesome Spot Playground in an amount not to exceed $400,000 in transfers, revenue, and to budget expenditures to fully fund the project, and authorizing the City Manager, or his designee, to implement the provisions of this Resolution.
Consent
14. Consider approving a First Amendment to the Agreement with Mark Thomas and Company, Inc., for additional tasks related to Construction Documentation and Bidding & Construction Support for the Virginia Corridor Phase 7 Project, for a new total amount not to exceed $646,305. (Funding Source: Non-Motorized Local Transportation Funds, Parks & Air Quality CFF, and Various Grants) Resolution approving a First Amendment to the Agreement with Mark Thomas and Company, Inc., for additional tasks related to Construction Documentation and Bidding & Construction Support for the Virginia Corridor Phase 7 Project, increasing the Agreement amount by $70,017, from $576,288 to a new total amount not to exceed $646,305 and authorizing the City Manager, or his designee, to execute the Amendment.
PRN; Nathan Houx, 209-571-5526, [email protected]
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ACTION: (Wright/Williams; 7/0) Resolution 2024-045 approving a First Amendment to the Agreement with Mark Thomas and Company, Inc., for additional tasks related to Construction Documentation and Bidding & Construction Support for the Virginia Corridor Phase 7 Project, increasing the Agreement amount by $70,017, from $576,288 to a new total amount not to exceed $646,305 and authorizing the City Manager, or his designee, to execute the Amendment.
Consent
15. Consider the submission of two Grant Applications to the United States Bureau of Reclamation’s WaterSMART Grant Program. (Funding Source: Water Fund) Resolution approving the submission of a Grant Application to the United States Bureau of Reclamation’s WaterSMART – Water and Energy Efficiency Grant Program for the SCADA System Replacement Project and authorizing the City Manager, or his designee, to enter into a Grant Agreement and execute all related documents.
Resolution approving the submission of a Grant Application to the United States Bureau of Reclamation’s WaterSMART – Planning and Project Design Grant Program for the SCADA System Replacement Project and authorizing the City Manager, or his designee, to enter into a Grant Agreement and execute all related documents.
UTILITIES; Juan Ochoa, 209-577-5423, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2024-046 approving the submission of a Grant Application to the United States Bureau of Reclamation’s WaterSMART – Water and Energy Efficiency Grant Program for the SCADA System Replacement Project and authorizing the City Manager, or his designee, to enter into a Grant Agreement and execute all related documents.
ACTION: (Wright/Williams; 7/0) Resolution 2024-047 approving the submission of a Grant Application to the United States Bureau of Reclamation’s WaterSMART – Planning and Project Design Grant Program for the SCADA System Replacement Project and authorizing the City Manager, or his designee, to enter into a Grant Agreement and execute all related documents.
Consent
16. Consider approving the submission of a Grant Application to the Federal Emergency Management Agency’s Building Resilient Infrastructure and Communities Program. (Funding Source: Wastewater Grants Fund)
Resolution approving the submission of a Building Resilient Infrastructure and Communities (BRIC) Program Grant Application to the Federal Emergency Management Agency (FEMA) to fund the Flood Risk Reduction Feasibility Study Scoping Project, the submission of a Prepare California Program Grant Application to the California Office of Emergency Services (Cal OES) to offset the Federal Local Match requirement, and authorizing the City Manager, or his designee to enter into the associated Grant Agreements and execute all related documents.
Resolution amending the Fiscal Year 2023-24 Multi-Year Program Budget in the amount of $623,915 to fund the Flood Risk Reduction Feasibility Study - 9 -
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Scoping Project and authorizing the City Manager, or his designee, to implement the provisions of this resolution.
UTILITIES; Miguel Alvarez, 209-577-5348, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2024-048 approving the submission of a Building Resilient Infrastructure and Communities (BRIC) Program Grant Application to the Federal Emergency Management Agency (FEMA) to fund the Flood Risk Reduction Feasibility Study Scoping Project, the submission of a Prepare California Program Grant Application to the California Office of Emergency Services (Cal OES) to offset the Federal Local Match requirement, and authorizing the City Manager, or his designee to enter into the associated Grant Agreements and execute all related documents.
ACTION: (Wright/Williams; 7/0) Resolution 2024-049 amending the Fiscal Year 2023-24 Multi-Year Program Budget in the amount of $623,915 to fund the Flood Risk Reduction Feasibility Study Scoping Project and authorizing the City Manager, or his designee, to implement the provisions of this resolution.
Recessed: 6:37 pm
Reconvened: 6:41 pm
COUNCIL COMMENTS & REPORTS
Council Member Ricci commended the success of the City's CHAT program in addressing nuisance calls, highlighting its impact on freeing up police resources for crime prevention. He also praised the Forestry Department for their diligent work in clearing storm debris and acknowledged the upcoming Valentine's Day, expressing appreciation for his wife.
Council Member Escutia-Braaton expressed gratitude towards City staff for their efforts during the recent storm, emphasizing the community's generosity and charitable spirit. She recognized two individuals, Sterling Fountain and Connie Gustafson, for their exceptional contributions to the community, particularly in promoting education, equality, and social justice, in honor of Black History Month.
Council Member Williams echoed appreciation for the recognized individuals and highlighted upcoming Black History Month events in the community, including an empowerment luncheon, a paint night, and theatrical performances by Sankofa.
Mayor Zwahlen provided updates on recent City events, including the California Transportation Commission meeting, the ribbon-cutting ceremony for Archway Commons affordable housing complex, and the 100-year celebration of a local church. She also mentioned a recent Council retreat and hosting a delegation from Ukraine in Council chambers.
CITY MANAGER COMMENTS & REPORTS
None
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NEW BUSINESS
17. Consider Reviewing, Providing Comment and Accepting the Proposed Internal Audit Work Plan, dated January 16, 2024. (Funding Source: Not Applicable) Motion Accepting the Proposed Internal Audit Work Plan, dated January 16, 2024.
CITY AUDITOR; Colleen Rozillis, 206-302-6795, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Motion Accepting the Proposed Internal Audit Work Plan, dated January 16, 2024.
MATTERS TOO LATE FOR THE AGENDA
None.
ADJOURNMENT
This meeting adjourned at 7:00 pm.
CLOSED SESSION
All Closed Session Matters heard prior to the meeting.
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Two Cases (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: Silvina Martinez v. City of Modesto
Superior Court of California, County of Stanislaus
Case No.: CV-19-006820
Brittoni Estrella, et al. v. City of Modesto et al.
United States Eastern District
Case No.: 1:22-cv-00921
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(a) of the Government Code) Name of case(s): Timothy Graf v. City of Modesto
California Workers Compensation Appeals Board
Nos. ADJ11412278 & ADJ8513549
Attest:____________________________
Diane Nayares-Perez, City Clerk