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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, April 23, 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: Councilmember Williams gave the invocation.
City Clerk’s Announcements: None
Declaration of Conflicts of Interest: None
Reports from Closed Session: City Attorney Sanchez reported there was No Reportable Action on the Closed Session item.
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Proclamation declaring April as Earth Month. (Funding Source: Not Applicable) CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]
ACTION: Mayor Zwahlen presented proclamation declaring April as Earth Month. - 2 -
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2. Proclamation declaring May as National Mental Health Awareness Month. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]
ACTION: Mayor Zwahlen presented proclamation declaring May as National Mental Health Awareness Month.
3. Proclamation declaring April as Autism Awareness Month and Presentation by Modesto Police Department. (Funding Source: Not Applicable) CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]
ACTION: Mayor Zwahlen presented a proclamation declaring April as Autism Awareness Month. Modesto Police Department presented information regarding their recent Autism certification.
PUBLIC COMMENT IN PERSON
John Frailing spoke about Johnson v. Grants Pass Supreme Court case regarding homelessness, expressing concerns about its potential impact on Modesto. He suggested proactive measures, such as repurposing vacant buildings as emergency shelters, to address the situation effectively, emphasizing the need for immediate action. Derek Castle thanked Mayor Zwahlen and Council Member Williams for attending Earth Day event. He proposed repurposing commercial buildings or warehouses for noncongregate shelters, suggesting the construction of small bedrooms inside at a cost of less than $1,000 each. Castle urged the council to consider this cost-effective solution for bridge housing.
Diane Kroeze appreciated various proclamations but urged action on homelessness, criticizing the rejection of inexpensive solutions. She suggested using vacant properties, particularly warehouses, as low-cost shelter options. Kroeze emphasized the need for effective action to address homelessness.
Dylan expressed support for National Autism Awareness Month, commending the Modesto Police Department for their efforts in autism awareness. He emphasized the importance of police education in handling individuals with autism. Katie Mingus, representing the Friends of the Library, requested $500,000 from the city to enhance the downtown library, emphasizing its role as a vital community resource. Chris Murphy expressed concern about the lack of clear guidelines to protect historic buildings like the 833 Steakhouse. He advocated for support and staffing of commissions dedicated to preserving historic landmarks.
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Harrison Power, from Modesto's Landmark Preservation Commission, advocated for historic preservation efforts in the city, emphasizing the importance of preserving Modesto's architectural diversity.
Roy Bozarth, a West Modesto resident, opposed the proposed Peace Village project by the Church of the Brethren, citing concerns about its proximity to residential areas. Zeff raised concerns about an $8 million deficit in the general fund, urging fiscal responsibility from the Council.
Jerry Thompson supported Mr. Murphy's comments regarding the preservation of Modesto's architecture, emphasizing the importance of preserving historic buildings. Etta Thompson opposed the proposal to build homes for the homeless at the Methodist church property, suggesting other vacant buildings or open fields as more suitable locations.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS 4-14: (Wright/Escutia-Braaton; 7/0)
CONSENT
Consent
4. Consider approving the minutes for the April 9, 2024 Council Meeting. (Funding Source: Not Applicable)
Motion approving the minutes for the April 9, 2024 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Motion approving the minutes for the April 9, 2024 Council Meeting.
Consent
5. Consider approving the establishment of inter-fund loans from the General Fund to Fund 3224, City-Led Specific Plans in an amount not to exceed $675,000 and approving the Consultant Services Agreement with De Novo Planning Group for Specific Plan Services for $650,000, over three years. (Funding Source: General Fund) Resolution approving the establishment of inter-fund loans from the General Fund to Fund 3224- City-Led Specific Plan Fund, for City-Led Specific Plans in an amount not-to-exceed $675,000 for City-Led Specific Plans and authorizing the City Manager to carry out the necessary budget adjustments for up to the total amount of $675,000 to implement this action. Resolution approving the Consultant Services Agreement with De Novo Planning Group for Specific Plan Services for a total amount not to exceed $650,000 over three years and authorizing the City Manager or his designee to execute the Agreement.
CED; Peter Ibrahim, 209-577-5211, [email protected] - 4 -
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ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-127 approving the establishment of inter-fund loans from the General Fund to Fund 3224- City-Led Specific Plan Fund, for City-Led Specific Plans in an amount not-to-exceed $675,000 for City-Led Specific Plans and authorizing the City Manager to carry out the necessary budget adjustments for up to the total amount of $675,000 to implement this action.
ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-128 approving the Consultant Services Agreement with De Novo Planning Group for Specific Plan Services for a total amount not to exceed $650,000 over three years and authorizing the City Manager or his designee to execute the Agreement.
Consent
6. Consider approving a Fourth Amendment to the Construction Management Services Agreement with WSP USA Inc. for the State Route 132 West Freeway/Expressway - Phase 1 Project, for a total amount not to exceed $13,289,933. (Funding Source: Streets Capital Facility Fees)
Resolution approving the Fourth Amendment to the Construction Management Services Agreement with WSP USA Inc. for the State Route 132 West Freeway/Expressway - Phase 1 Project, increasing the Agreement amount by $149,697 from $13,140,236 for a new total amount not to exceed $13,289,933, and authorizing the City Manager, or his designee to execute the Fourth Amendment.
ENGINEERING SERVICES; Toby Wells, 209-571-5542, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-129 approving the Fourth Amendment to the Construction Management Services Agreement with WSP USA Inc. for the State Route 132 West Freeway/Expressway - Phase 1 Project, increasing the Agreement amount by $149,697 from $13,140,236 for a new total amount not to exceed $13,289,933, and authorizing the City Manager, or his designee to execute the Fourth Amendment.
Consent
7. Consider accepting an Informational Report for the February 2024 Accounts Payable Payment Register and Void Report. (Funding Source: Not Applicable) Motion accepting an Informational Report for the February 2024 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 February 2024 Accounts Payable Payment Register and Void Report.
Consent
8. Consider approving the Agreement for Sewer & Storm Pipe and Fittings to Ferguson - 5 -
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Waterworks, Modesto, CA for a total amount not to exceed $875,000 over five years. (Funding Source: Wastewater and Water Funds)
Resolution approving the Award of Bid and Agreement for Sewer & Storm Pipe and Fittings to the Ferguson Waterworks, Modesto CA for a two-year Agreement with three one-year extension options at the sole discretion of the City, for an annual estimated cost of $175,000 and a total cost not to exceed $875,000 over five years and authorizing the Director of Finance, or her designee, to execute the Agreement.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-130 approving the Award of Bid and Agreement for Sewer & Storm Pipe and Fittings to the Ferguson Waterworks, Modesto CA for a two-year Agreement with three one-year extension options at the sole discretion of the City, for an annual estimated cost of $175,000 and a total cost not to exceed $875,000 over five years and authorizing the Director of Finance, or her designee, to execute the Agreement.
Consent
9. Consider approving a Second Amendment with Ferguson Waterworks, Modesto CA, for the purchase of circle clamps, gaskets, pipe couplings, tapping sleeves and sewer materials to a total revised amount of $2,995,000 over five years. (Funding Source:
Water Fund)
Resolution approving a Second Amendment to the Purchasing Agreement with Ferguson Waterworks, Modesto, CA, for the purchase of circle clamps, gaskets, and pipe couplings by increasing the estimated annual amount by $295,000 to $870,000 annually, to a new total amount not to exceed $2,995,000 over five years and authorizing the Director of Finance, or her designee, to execute the Amendment.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-131 approving a Second Amendment to the Purchasing Agreement with Ferguson Waterworks, Modesto, CA, for the purchase of circle clamps, gaskets, and pipe couplings by increasing the estimated annual amount by $295,000 to $870,000 annually, to a new total amount not to exceed $2,995,000 over five years and authorizing the Director of Finance, or her designee, to execute the Amendment.
Consent
10. Consider approving the Agreement for Uniform and Laundry Services for Citywide locations to Aramark Uniform Services, Burbank, CA for a total amount not to exceed $1,120,000 over seven years. (Funding Source: Various Funds) Resolution approving the Award of Proposal and Agreement for Uniform and Laundry Services to Aramark Uniform Services, Burbank CA for a three-year Agreement with four one-year extension options, for an annual estimated amount of $160,000 and a total amount not to exceed $1,120,000 over seven years and authorizing the City Manager, or his designee, to execute the - 6 -
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Agreement.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-132 approving the Award of Proposal and Agreement for Uniform and Laundry Services to Aramark Uniform Services, Burbank CA for a three-year Agreement with four one-year extension options, for an annual estimated amount of $160,000 and a total amount not to exceed $1,120,000 over seven years and authorizing the City Manager, or his designee, to execute the Agreement.
Consent
11. Consider approving an Agreement for Polling and Survey Administration services to Zencity Technologies, Inc. Wilmington, DE and the First Amendment to Probolsky Research, LLC, San Francisco, CA, for a combined amount not to exceed $839,900 over five years. (Funding Source: Various Funds)
Resolution approving the Agreement for Polling and Survey Administration Services to Zencity Technologies, Inc. Wilmington, DE, and the First Amendment to Probolsky Research, San Francisco, CA, for a two-year Agreement with three one-year extension options, for an annual estimated amount of $175,200 and total amount not to exceed $839,900 over five years for the combined total of all agreements and authorizing the City Manager or his designee to execute the Agreement and Amendment.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-133 approving the Agreement for Polling and Survey Administration Services to Zencity Technologies, Inc. Wilmington, DE, and the First Amendment to Probolsky Research, San Francisco, CA, for a two-year Agreement with three one-year extension options, for an annual estimated amount of $175,200 and total amount not to exceed $839,900 over five years for the combined total of all agreements and authorizing the City Manager or his designee to execute the Agreement and Amendment.
Consent
12. Consider amending the Classification Plan to move the positions of Park Ranger from range 1114 to range 1119 and EMS Coordinator from range 437 to range 442. (Funding Source: American Rescue Grants Fund and Measure H) Resolution amending the Classification Plan for the City of Modesto to amend the classifications of Police Park Ranger and Emergency Medical Services Quality Improvement Coordinator.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-134 amending the Classification Plan for the City of Modesto to amend the classifications of Police Park Ranger and Emergency Medical Services Quality Improvement Coordinator.
Consent
13. Consider approving the Agreements for On-Call Plumbing Services to Mark III - 7 -
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Construction, DBA M3 Services Sacramento, CA and Champion Industrial Contractors, Inc. Modesto, CA for a total combined amount not to exceed $593,127 over five years. (Funding Source: Building Maintenance Fund) Resolution approving the Award of Bid and Agreements for On-Call Plumbing Services to Mark III Construction, DBA M3 Services Sacramento, CA and Champion Industrial Contractors, Inc. Modesto, CA for a three-Year Agreement with two one-year extension options, for a combined annual estimated amount of $115,000, and a combined total amount not to exceed $593,127 over five years between the two Agreements, authorizing the Director of Finance, or her designee, to adjust financial amounts between both providers without exceeding an estimated annual amount of $115,000 and overall cost of $593,127 and authorizing the City Manager, or his designee, to execute the Agreements.
PUBLIC WORKS; Gabe da Silva, 209-577-5319, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-135 approving the Award of Bid and Agreements for On-Call Plumbing Services to Mark III Construction, DBA M3 Services Sacramento, CA and Champion Industrial Contractors, Inc. Modesto, CA for a three-Year Agreement with two one-year extension options, for a combined annual estimated amount of $115,000, and a combined total amount not to exceed $593,127 over five years between the two Agreements, authorizing the Director of Finance, or her designee, to adjust financial amounts between both providers without exceeding an estimated annual amount of $115,000 and overall cost of $593,127 and authorizing the City Manager, or his designee, to execute the Agreements.
Consent
14. Consider accepting the State Water Resources Control Board Expedited Drinking Water Grant Program award of up to $7,115,592 for the Riverdale Park Tract Community Services District Consolidation Project and entering into a funding agreement. (Funding Source: Water Fund)
Resolution accepting the State Water Resources Control Board Expedited Drinking Water Grant Program award of up to $7,115,592 for the Riverdale Park Tract Community Services District Consolidation Project and authorizing the City Manager, or his designee, to enter into a funding agreement. Resolution amending the Fiscal Year 2023-24 Capital Improvement Program Revenue and Expense budgets in the combined amount of $11,273,412 to fund the Construction Phase of the Riverdale Park Tract Community Services District Consolidation Project and authorizing the City Manager, or his designee, to implement the provisions of the resolution.
UTILITIES; Jim Alves, 209-571-5557, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-136 accepting the State Water Resources Control Board Expedited Drinking Water Grant Program award of up to $7,115,592 for the Riverdale Park Tract Community Services District Consolidation Project and authorizing the City Manager, or his designee, to enter into a funding - 8 -
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agreement.
ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-137 amending the Fiscal Year 2023-24 Capital Improvement Program Revenue and Expense budgets in the combined amount of $11,273,412 to fund the Construction Phase of the Riverdale Park Tract Community Services District Consolidation Project and authorizing the City Manager, or his designee, to implement the provisions of the resolution.
COUNCIL COMMENTS & REPORTS
Councilmember Bavaro commended city employee Jose Magana for his exceptional service during a storm incident in the district. Despite adverse weather conditions, Magana went above and beyond his duties in the Department of Forestry, dedicating 3.5 hours to clearing a fallen tree and ensuring safety in the neighborhood. He highlighted Magana's compassion, efficiency, and dedication to providing outstanding customer service. Council Member Bavaro acknowledged Magana's efforts as a testament to the city's commitment to its residents' well-being.
Councilmember Ricci expressed gratitude to those who participated in the first Garage Sale Fest, highlighting its success in promoting community engagement and sustainability.
He praised Visit Modesto for their efforts in promoting the event and looked forward to making it an annual tradition. He emphasized the value of investing in the city's library as a vital public space for learning and gathering. Council Member Ricci advocated for collaboration with the county to enhance the library's quality and architectural significance. Lastly, he encouraged residents to utilize the ADU dashboard for building granny flats, emphasizing its role in increasing housing inventory and providing benefits such as lower fees and tax incentives.
Councilmember Williams expressed strong support for the library and emphasized its importance in providing learning opportunities for the community, particularly for those who are illiterate. He advocated for the city to contribute $500,000 to support the library's needs. Additionally, he highlighted upcoming community events such as Cinco de Mayo celebrations and Love Modesto, where volunteers will participate in projects to beautify the city. Williams encouraged community members to join efforts in beautifying Modesto, including participating in Love Modesto activities and the Beautify McHenry project, which has garnered support from local businesses like Walmart.
Mayor Zwahlen discussed the inauguration of Dos Rios State Park in Modesto, California, highlighting the presence of the governor, his partner, and Dolores Huerta at the dedication ceremony. The Mayor describes the park's location, its restoration efforts, and plans for educational development. The Mayor expressed excitement about the park's opening on June 12th, emphasizing its significance as a new addition to the limited number of state parks in the Central Valley. The Governor's remarks underscore California's diverse natural attractions, culminating in the creation of a state park within Modesto itself. The Mayor encouraged others to visit and appreciate the park's beauty and tranquility.
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CITY MANAGER COMMENTS & REPORTS
None.
HEARINGS
Published in the Modesto Bee on April 3, 2024
15. Hearing to consider an Ordinance repealing and replacing Modesto Municipal Code Title 5, Chapter 9 providing definitions, permitting requirements, and operating standards for adult-oriented businesses along with adding permitting provisions for adult performers and non-performers at adult-oriented businesses; and amending Title 10, Chapter 3, Article 3 regarding definitions for adult-oriented businesses. (Funding Source: General Fund)
Motion introducing and waiving the first reading of an Ordinance repealing and replacing Modesto Municipal Code Title 5, Chapter 9 providing definitions, permitting requirements, and operating standards for adult-oriented businesses along with adding permitting provisions for adult performers and nonperformers at adult-oriented businesses; and amending Title 10, Chapter 3, Article 3 regarding definitions for adult-oriented businesses.
CED; Tristan Osborn, 209-577-5267, [email protected] ACTION: (Ricci/Williams; 7/0) Motion introducing and waiving the first reading of an Ordinance 3778-C.S. as amended repealing and replacing Modesto Municipal Code Title 5, Chapter 9 providing definitions, permitting requirements, and operating standards for adult-oriented businesses along with adding permitting provisions for adult performers and non-performers at adult-oriented businesses; and amending Title 10, Chapter 3, Article 3 regarding definitions for adult-oriented businesses.
NEW BUSINESS
16. Consider accepting the Citizens’ Salary Setting Commission 2024 Recommendations for the Mayor and Councilmembers’ salaries and setting a public hearing for the May 14, 2024 Council meeting to consider an Ordinance amending the salaries pursuant to Modesto Charter Section 703. (Funding Source: General Fund) Motion accepting the Citizens’ Salary Setting Commission 2024 Recommendations for the Mayor and Councilmembers’ salaries. Motion setting a Public Hearing for the May 14, 2024 Council Meeting and directing the City Attorney to draft an Ordinance amending the salaries for the Mayor and Council Members pursuant to Charter Section 703.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Alvarez/Bavaro; 7/0) Motion accepting the Citizens’ Salary Setting Commission 2024 Recommendations for the Mayor and Councilmembers’ salaries. - 10 -
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ACTION: (Bavaro/Alvarez; 7/0) Motion setting a Public Hearing for the May 14, 2024 Council Meeting and directing the City Attorney to draft an Ordinance amending the salaries for the Mayor and Council Members pursuant to Charter Section 703.
MATTERS TOO LATE FOR THE AGENDA
None.
ADJOURNMENT
This meeting adjourned at 7:42 P.M.
CLOSED SESSION
All Closed Session Matters heard prior to the meeting.
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(a) of the Government Code) Name of case(s): Robert Berbena v. City of Modesto
California Workers Compensation Appeals Board
Nos. ADJ14483235
Attest:____________________________
Diane Nayares-Perez, City Clerk