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6/4/2024 5:30:00 PM
*Via Teleconference
Councilmember Ricci
South San Francisco – City Hall
City Manager’s Conference Room – 2nd Floor
400 Grand Avenue
South San Francisco, CA. 94080
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, June 04, 2024 at 5:30 PM
Roll Call – Present: Councilmembers Alvarez, Bavaro, Escutia-Braaton, *Ricci, Williams, Wright, Mayor Zwahlen
Pledge of Allegiance to the Flag
Invocation: Mike Gunnarson, City Ministry Network
City Clerk’s Announcements
Declaration of Conflicts of Interest: Item 11 - Councilmember Bavaro recused himself due to a conflict.
Reports from Closed Session: No reportable action.
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Proclamation declaring June as Pride Month. (Funding Source: Not Applicable) CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]
ACTION: Mayor Zwahlen presented a proclamation declaring June as Pride Month. - 2 -
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PUBLIC COMMENT IN PERSON
David Stephens spoke regarding concerns about ongoing traffic control issues on his street, emphasizing the urgency of the matter following a recent incident where a neighbor's wife was nearly hit by a car. He urged Council Members to facilitate dialogue and find a solution to the problem.
Micah Dizney echoed similar concerns about traffic control on their street, recounting a near-miss incident involving his wife and emphasizing the need for action to prevent future accidents. He highlighted previous discussions regarding a gate resolution and called for better communication from the Council.
Jori Nunes expressed concerns about the dangerous commute to school for her 16-yearold son due to speeding traffic on Carpenter Street. She called for community action to address the issue and ensure the safety of students.
Patty Castillo Davis voiced support for LGBTQ rights, urging the Council to champion projects promoting acceptance and tolerance, such as installing a rainbow pedestrian crosswalk. She emphasized the importance of creating an inclusive environment for LGBTQ youth.
Diane Kroeze addressed homelessness, criticizing the Council's lack of action in providing adequate support for homeless individuals. She urged them to prioritize solutions and treat homeless individuals with dignity and humanity. Ramon Rodriguez raised concerns about bigotry against the LGBTQ community and called for continuous support and defense against hate and discrimination. He also advocated for improvements to public transportation and infrastructure to alleviate traffic congestion and ensure safety.
Jerry Miller expressed gratitude for the Council's support for the car community in Modesto and highlighted community events and volunteer opportunities. He emphasized the importance of supporting the Modesto Graffiti Museum and engaging with visitors during Graffiti Week events.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS: 2-10, 12-19 (Wright/Alvarez; 7/0)
CONSENT
Consent
2. Consider approving the minutes for the May 14, 2024 Council Meeting. (Funding Source: Not Applicable)
Motion approving the minutes for the May 14, 2024 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] - 3 -
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ACTION: (Wright/Alvarez; 7/0) Motion approving the minutes for the May 14, 2024 Council Meeting.
Consent
3. Consider approving Final Adoption of Ordinance 3781-C.S. Amending Sections 2-1.24 “Compensation Of Mayor,” and 2-1.26 “Compensation of City Councilmembers,” of Chapter 1, “City Council Organization and Procedure,” of Title 2, “Administration,” of the Modesto Municipal Code, to increase the salaries of the Mayor and City Councilmembers pursuant to Charter Section 703 and the recommendations of the Citizen’s Salary Setting Commission of 2024. (Funding Source: Not Applicable) Motion approving Final Adoption of Ordinance 3781-C.S. Amending Sections 2-1.24 “Compensation Of Mayor,” and 2-1.26 “Compensation of City Councilmembers,” of Chapter 1, “City Council Organization and Procedure,” of Title 2, “Administration,” of the Modesto Municipal Code, to increase the salaries of the Mayor and City Councilmembers pursuant to Charter Section 703 and the recommendations of the Citizen’s Salary Setting Commission of 2024.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Alvarez; 7/0) Motion approving Final Adoption of Ordinance 3781-C.S. Amending Sections 2-1.24 “Compensation Of Mayor,” and 2-1.26 “Compensation of City Councilmembers,” of Chapter 1, “City Council Organization and Procedure,” of Title 2, “Administration,” of the Modesto Municipal Code, to increase the salaries of the Mayor and City Councilmembers pursuant to Charter Section 703 and the recommendations of the Citizen’s Salary Setting Commission of 2024.
Consent
4. Consider approving Final Adoption of Ordinance 3782-C.S. approving the Modesto Police Department’s Military Equipment Use Policy (Policy 710) in accordance with CA Assembly Bill 481, and approving the purchase of additional equipment that qualifies as “Military Equipment” in Fiscal Year 2024-2025 and Rescinding Ordinance No. 3763-C.S. (Funding Source: Not Applicable)
Motion approving Final Adoption of Ordinance 3782-C.S. approving the Modesto Police Department’s Military Equipment Use Policy (Policy 710) in accordance with CA Assembly Bill 481, and approving the purchase of additional equipment that qualifies as “Military Equipment” in Fiscal Year 2024-2025 and Rescinding Ordinance No. 3763-C.S.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Alvarez; 7/0) Motion approving Final Adoption of Ordinance 3782-C.S. approving the Modesto Police Department’s Military Equipment Use Policy (Policy 710) in accordance with CA Assembly Bill 481, and approving the purchase of additional equipment that qualifies as “Military Equipment” in Fiscal Year 2024-2025 and Rescinding Ordinance No. 3763-C.S.
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Consent
5. Consider approving a Memorandum of Understanding with the County of Stanislaus for the replacement of the Fire-Life Safety Panel at 3705 Oakdale Road, a co-owned City of Modesto and County of Stanislaus Emergency Services and Communications Facility and approving the total project budget not to exceed $300,000, to be jointly and equally funded by the City and County. (Funding Source: General Fund) Resolution approving a Memorandum of Understanding with the County of Stanislaus for the replacement of the Fire-Life Safety Panel at 3705 Oakdale Road, a co-owned City of Modesto and County of Stanislaus Emergency Services and Communications Facility and approving the total project budget not to exceed $300,000, to be jointly and equally funded by the City of Modesto and County of Stanislaus and authorizing the City Manager, or his designee, to execute the Memorandum of Understanding.
CITY MANAGER; Scotty Douglass, 209-577-9149, [email protected] ACTION: (Wright/Alvarez; 7/0) Resolution 2024-173 approving a Memorandum of Understanding with the County of Stanislaus for the replacement of the Fire-Life Safety Panel at 3705 Oakdale Road, a co-owned City of Modesto and County of Stanislaus Emergency Services and Communications Facility and approving the total project budget not to exceed $300,000, to be jointly and equally funded by the City of Modesto and County of Stanislaus and authorizing the City Manager, or his designee, to execute the Memorandum of Understanding.
Consent
6. Consider approving the Fifth Amendment to the Joint Exercise of Powers Agreement between the City of Modesto and the County of Stanislaus for Emergency Dispatch Services to extend the agreement to December 31, 2024, modify the governing body structure of the Commission, update quorum and action requirements and provide for Agency Member Liaison to assist the Dispatch Director and appointing Councilmembers as Commissioners to the Consolidated Emergency Dispatch Agency. (Funding Source: Not Applicable)
Resolution approving the Fifth Amendment to the Joint Exercise of Powers Agreement between the City of Modesto and the County of Stanislaus for Emergency Dispatch Services to extend the agreement to December 31, 2024, modify the governing body structure of the Commission, update quorum and action requirements and provide for Agency Member Liaison to assist the Dispatch Director, authorizing the City Manager or his designee to execute the Agreement, and appointing Mayor Zwahlen and Councilmember Bavaro as Commissioners to the Consolidated Emergency Dispatch Agency and Councilmember Wright as an Alternate Commissioner.
CITY MANAGER; Scotty Douglass, 209-577-9149, [email protected] ACTION: (Wright/Alvarez; 7/0) Resolution 2024-174 approving the Fifth Amendment to the Joint Exercise of Powers Agreement between the City of Modesto and the County of Stanislaus for Emergency Dispatch Services to extend the agreement - 5 -
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to December 31, 2024, modify the governing body structure of the Commission, update quorum and action requirements and provide for Agency Member Liaison to assist the Dispatch Director, authorizing the City Manager or his designee to execute the Agreement, and appointing Mayor Zwahlen and Councilmember Bavaro as Commissioners to the Consolidated Emergency Dispatch Agency and Councilmember Wright as an Alternate Commissioner.
Consent
7. Consider approving the Fiscal Year 2024-2025 Appropriation Limit, which is an annual spending limit calculation that identifies the maximum amount of appropriations for publicly funded programs. (Funding Source: Not Applicable) Resolution establishing the appropriation limit for the Fiscal Year 2024-2025 annual budget.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Wright/Alvarez; 7/0) Resolution 2024-175 establishing the appropriation limit for the Fiscal Year 2024-2025 annual budget.
Consent
8. Consider approving payment of various Equipment Maintenance Agreements for Fiscal Year 2024-2025 with multiple equipment manufacturers for all City Departments, for an annual cost not to exceed $854,598; and authorizing the City Manager, or his designee to execute Equipment Maintenance Agreements associated with the items in Exhibit A – Fiscal Year 2024-2025 Equipment Maintenance Agreements (less than $100,000). (Funding Source: Various Funds)
Resolution approving payment of various Equipment Maintenance Agreements for Fiscal Year 2024-2025 with multiple equipment manufacturers for all City Departments, for an annual estimated cost not to exceed $854,598; and authorizing the City Manager, or his designee, to execute Equipment Maintenance Agreements associated with the items in Exhibit A – Fiscal Year 2024-2025 Equipment Maintenance Agreements (less than $100,000).
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] ACTION: (Wright/Alvarez; 7/0) Resolution 2024-176 approving payment of various Equipment Maintenance Agreements for Fiscal Year 2024-2025 with multiple equipment manufacturers for all City Departments, for an annual estimated cost not to exceed $854,598; and authorizing the City Manager, or his designee, to execute Equipment Maintenance Agreements associated with the items in Exhibit A – Fiscal Year 2024-2025 Equipment Maintenance Agreements (less than $100,000).
Consent
9. Consider approving the payment of Software Maintenance Support Agreements for Fiscal Year 2024-2025 in an amount not to exceed $9,824,473. (Funding Source:
Information Technology Fund and Various Funds)
Resolution approving the payment of Software Maintenance Support - 6 -
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Agreements for Fiscal Year 2024-2025 in an amount not to exceed $9,824,473; and authorizing the City Manager, or his designee to execute routine renewal Agreements associated with the items in Exhibit A and Exhibit B - Software Maintenance Support Agreements for Fiscal Year 2024-2025.
IT; Kevin Harless, 209-571-5593, [email protected] ACTION: (Wright/Alvarez; 7/0) Resolution 2024-177 approving the payment of Software Maintenance Support Agreements for Fiscal Year 2024-2025 in an amount not to exceed $9,824,473; and authorizing the City Manager, or his designee to execute routine renewal Agreements associated with the items in Exhibit A and Exhibit B - Software Maintenance Support Agreements for Fiscal Year 2024-2025.
Consent
10. Consider approving Community and Special Event Sponsorships with direct contributions over $500 and in-kind support valued at $5,000 or more for Fiscal Year 2024-2025. (Funding Source: General Fund)
Resolution approving Community and Special Event Sponsorships with direct contributions over $500 and in-kind support valued at $5,000 or more for Fiscal Year 2024-2025.
PRN; Jeremy Rogers, 209-577-5347, [email protected] ACTION: (Wright/Alvarez; 7/0) Resolution 2024-178 approving Community and Special Event Sponsorships with direct contributions over $500 and in-kind support valued at $5,000 or more for Fiscal Year 2024-2025.
Removed from Consent-Councilmember Bavaro recused.
Consent
11. Consider approving the Plans and Specifications for the Mary E. Grogan Community Park, Phase 2 Project, accepting the Bid and Awarding a Construction Contract to George Reed, Inc., of Modesto, CA, in an amount not to exceed $4,850,581. (Funding Source: Parks CFF Fund, Parks & Air Quality CFF Fund)
Resolution approving the Plans and Specifications for the Mary E. Grogan Community Park, Phase 2 Project, accepting the Bid and awarding a Construction Contract to George Reed, Inc., of Modesto, CA, in the amount of $4,491,279, plus $359,302, in contingency (if needed), for a total payment amount not to exceed $4,850,581 and authorizing the City Manager, or his designee, to execute the contract.
Resolution amending the Fiscal Year 2023-24 Capital Improvement Program Budget to fund Project #101017 (Mary Grogan Park – Phase 2) in an amount of $1,666,233 in transfers, revenue, and to budget expenditures to 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: (Escutia-Braaton/Williams; 6/0; Bavaro recused) Resolution 2024-179 approving the Plans and Specifications for the Mary E. Grogan Community Park, - 7 -
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Phase 2 Project, accepting the Bid and awarding a Construction Contract to George Reed, Inc., of Modesto, CA, in the amount of $4,491,279, plus $359,302, in contingency (if needed), for a total payment amount not to exceed $4,850,581 and authorizing the City Manager, or his designee, to execute the contract.
ACTION: (Escutia-Braaton/Williams; 6/0; Bavaro recused) Resolution 2024-180 amending the Fiscal Year 2023-24 Capital Improvement Program Budget to fund Project #101017 (Mary Grogan Park – Phase 2) in an amount of $1,666,233 in transfers, revenue, and to budget expenditures to fund the Project, and authorizing the City Manager, or his designee, to implement the provisions of this resolution.
Consent
12. Consider approving the Plans and Specifications for the Rebid Carpenter Road Area Soccer Complex, Phase 2 Project, accepting the Bid, and approving a Construction Contract with Frontline General Engineering Construction, Inc., of Tracy, CA for a total amount not to exceed $1,397,466. (Funding Source: Youth Soccer and Recreation Development Grant, Parks Fund, Parks and Air Quality CFF Fund and TRRP CIP Fund)
Resolution approving the Plans and Specifications for the Rebid Carpenter Road Area Soccer Complex, Phase 2 Project, accepting the Bid, and awarding a Construction Contract to Frontline General Engineering Construction, Inc., of Tracy, CA, in the amount of $1,270,424, plus $127,042, in contingency (if needed), for a total payment amount not to exceed $1,397,466 and authorizing the City Manager, or his designee, to execute the contract. Resolution amending the Fiscal Year 2023-24 Capital Improvement Program Budget to fund Project #101061 (Carpenter Road Area Soccer) in an amount not to exceed $130,000 in transfers, revenue, and to budget expenditures to 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/Alvarez; 7/0) Resolution 2024-181 approving the Plans and Specifications for the Rebid Carpenter Road Area Soccer Complex, Phase 2 Project, accepting the Bid, and awarding a Construction Contract to Frontline General Engineering Construction, Inc., of Tracy, CA, in the amount of $1,270,424, plus $127,042, in contingency (if needed), for a total payment amount not to exceed $1,397,466 and authorizing the City Manager, or his designee, to execute the contract.
ACTION: (Wright/Alvarez; 7/0) Resolution 2024-182 amending the Fiscal Year 2023-24 Capital Improvement Program Budget to fund Project #101061 (Carpenter Road Area Soccer) in an amount not to exceed $130,000 in transfers, revenue, and to budget expenditures to fund the Project, and authorizing the City Manager, or his designee, to implement the provisions of this Resolution.
Consent
13. Consider approving adjustments to various airport rates and fees for specific activities - 8 -
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and services at the Modesto City-County Airport, effective July 1, 2024, rescinding Resolution No. 2023-355. (Funding Source: Airport Operating Revenue, Fund 4310) Resolution approving adjustments to various airport rates and fees for specific activities and services at the Modesto City-County Airport (Airport), effective July 1, 2024, and rescinding Resolution No. 2023-355.
PUBLIC WORKS; Gabe da Silva, 209-577-5319, [email protected] ACTION: (Wright/Alvarez; 7/0) Resolution 2024-183 approving adjustments to various airport rates and fees for specific activities and services at the Modesto CityCounty Airport (Airport), effective July 1, 2024, and rescinding Resolution No. 2023- 355.
Consent
14. Consider approving an Agreement for Safe Streets and Roads for All to Alta Planning + Design Inc. Oakland CA to analyze roadway accidents for a total amount not to exceed $1,104,326.00 over a two-year period. (Funding Source: Safe Streets for All Grant and Local Measure L)
Resolution awarding the Safe Streets and Roads for All Agreement to Alta Planning + Design, Inc of Oakland, CA, in the amount of $1,003,933 and a 10 percent contingency amount of $100,393 for the total amount not to exceed $1,104,326, and authorizing the City Manager, or his designee, to execute the agreement.
PUBLIC WORKS; Max Navarro, 209-571-5116, [email protected] ACTION: (Wright/Alvarez; 7/0) Resolution 2024-184 awarding the Safe Streets and Roads for All Agreement to Alta Planning + Design, Inc of Oakland, CA, in the amount of $1,003,933 and a 10 percent contingency amount of $100,393 for the total amount not to exceed $1,104,326, and authorizing the City Manager, or his designee, to execute the agreement.
Consent
15. Consider approving an Agreement for the Purchase of Software Programming and License under the Competitive Bidding Process from NASPO ValuePoint through the State of Utah with Carahsoft Technology Corp. of Reston, Virgina, for a total amount not to exceed $193,365. (Funding Source: Solid Waste Management Fund and SB 1383 Grant from CalRecycle)
Resolution approving an Agreement for the Purchase of Software Programming and License under the Competitive Bidding Process from NASPO ValuePoint through the State of Utah with Carahsoft Technologies Corp., of Reston, Virginia for a total amount not to exceed $193,365, and authorizing the City Manager, or his designee, to execute the Agreement.
PUBLIC WORKS; Myriah Hill, 209-577-5495, [email protected] ACTION: (Wright/Alvarez; 7/0) Resolution 2024-185 approving an Agreement for the Purchase of Software Programming and License under the Competitive Bidding Process from NASPO ValuePoint through the State of Utah with Carahsoft - 9 -
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Technologies Corp., of Reston, Virginia for a total amount not to exceed $193,365, and authorizing the City Manager, or his designee, to execute the Agreement.
Consent
16. Consider approving the First Amendment to the Agreements for Rental Fleet Services with Herc Rentals, Modesto, California, Holt of California, Salida, California and United Rentals (North America) Inc., Modesto, California, for an annual estimated cost increase of $200,000 from $400,000 to $600,000 and a total revised amount not to exceed $3,000,000. (Funding Source: Fleet Management Fund) Resolution approving the First Amendment for the Agreements with Herc Rentals, Modesto, CA, Holt of California, Salida, CA, and United Rentals, Modesto, CA, for Rental Fleet Services for the Agreements for an annual estimated cost increase of $200,000 from $400,000 to $600,000 and a total revised not to exceed a total amount of $3,000,000, and authorizing the City Manager, or his designee, to execute the amendments.
PUBLIC WORKS; Patrick Crowley, 209-342-2274, [email protected] ACTION: (Wright/Alvarez; 7/0) Resolution 2024-186 approving the First Amendment for the Agreements with Herc Rentals, Modesto, CA, Holt of California, Salida, CA, and United Rentals, Modesto, CA, for Rental Fleet Services for the Agreements for an annual estimated cost increase of $200,000 from $400,000 to $600,000 and a total revised not to exceed a total amount of $3,000,000, and authorizing the City Manager, or his designee, to execute the amendments.
Consent
17. Consider approving the Second Amendment for bulk oils and lubricants with Hunt & Sons, Inc., Ceres, CA, to a revised total amount of $1,743,201 (Funding Source: Fleet Management Fund)
Resolution approving the Second Amendment for the purchase of Bulk Oils and Lubricants with Hunt & Sons Inc., Ceres, CA, for an increase by $800,000 to a new total amount of $1,743,201 over the remaining duration of the agreement, and authorizing the City Manager, or his designee to execute the amendment.
PUBLIC WORKS; Patrick Crowley, 209-342-2274, [email protected] ACTION: (Wright/Alvarez; 7/0) Resolution 2024-187 approving the Second Amendment for the purchase of Bulk Oils and Lubricants with Hunt & Sons Inc., Ceres, CA, for an increase by $800,000 to a new total amount of $1,743,201 over the remaining duration of the agreement, and authorizing the City Manager, or his designee to execute the amendment.
Consent
18. Consider approving the Second Amendment to the Agreement for an On-Site Tire Technician with Fleet Tire Inc. dba Brannon Tire, Stockton, CA. for tire services, inspection, and repairs to City vehicle tires for an annual estimated cost increase of $121,080 from $88,920 to $210,000 and a total revised not to exceed amount from $444,600 to a new total amount of $654,600 and extend the term of the Agreement - 10 -
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from June 10, 2024, to June 10, 2025. (Funding Source: Fleet Management Fund) Resolution approving the Second Amendment for an On-Site Tire Technician with Fleet Tire Inc. dba Brannon Tire, Stockton, CA. for tire services, inspection, and repairs to City vehicle tires for an annual estimated cost increase of $121,080 from $88,920 to $210,000 and a total revised not to exceed amount from $444,600 to a new total amount of $654,600 and extend the term of the Agreement from June 10, 2024, to June 10, 2025, and authorizing the City Manager, or his designee to execute the amendment.
PUBLIC WORKS; Patrick Crowley, 209-342-2274, [email protected] ACTION: (Wright/Alvarez; 7/0) Resolution 2024-188 approving the Second Amendment for an On-Site Tire Technician with Fleet Tire Inc. dba Brannon Tire, Stockton, CA. for tire services, inspection, and repairs to City vehicle tires for an annual estimated cost increase of $121,080 from $88,920 to $210,000 and a total revised not to exceed amount from $444,600 to a new total amount of $654,600 and extend the term of the Agreement from June 10, 2024, to June 10, 2025, and authorizing the City Manager, or his designee to execute the amendment.
Consent
19. Consider approving Agreements for the purchase and delivery of chemicals for wastewater treatment with Thatcher Company of California, Sacramento, CA, Northstar Chemical, Modesto, CA, and Univar Solutions, Kent, WA, for a total amount not to exceed $1,221,021, over five years. (Funding Source: Sewer Operations Fund) Resolution approving the Award of Bid and Agreements for the purchase and delivery of chemicals for wastewater treatment to Thatcher Company of California, Sacramento, CA, Northstar Chemical, Modesto, CA, and Univar Solutions, Kent, WA, for a one-year agreement with four one-year extension options, for an annual estimated amount of $200,000 and a total combined amount not to exceed $1,221,021 over five years; and authorizing the Director of Finance, or her designee, to adjust agreement totals between vendors based on contractor’s availability and department’s needs, ensuring the combined total amount does not change and authorizing the City Manager, or his designee, to execute the Agreements.
UTILITIES; Jeff Daniels, 209-577-6255, [email protected] ACTION: (Wright/Alvarez; 7/0) Resolution 2024-189 approving the Award of Bid and Agreements for the purchase and delivery of chemicals for wastewater treatment to Thatcher Company of California, Sacramento, CA, Northstar Chemical, Modesto, CA, and Univar Solutions, Kent, WA, for a one-year agreement with four one-year extension options, for an annual estimated amount of $200,000 and a total combined amount not to exceed $1,221,021 over five years; and authorizing the Director of Finance, or her designee, to adjust agreement totals between vendors based on contractor’s availability and department’s needs, ensuring the combined total amount does not change and authorizing the City Manager, or his designee, to execute the Agreements.
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COUNCIL COMMENTS & REPORTS
Council Member Ricci acknowledged Modesto's celebration of diversity during Pride Month and Graffiti Month, highlighting the importance of inclusivity and recognizing the LGBTQ+ community. He expressed appreciation for the City's efforts in prioritizing these values. Council Member Ricci also thanked Diane Nayares-Perez, the City Clerk, for facilitating his remote attendance at the Council meeting in South San Francisco following his visit to Kurume, Modesto's sister city in Japan. He emphasized the potential of sister city relationships for cultural exchange and economic development. Ricci applauds the City for hosting the "Legacy of Lowriding" exhibition at the McHenry Museum, showcasing Modesto's rich lowrider tradition. He expressed hope for future permanent installations at the museum that reflect both lowrider culture and cruising's contribution to Modesto's heritage.
Council Member Escutia-Braaton highlighted the upcoming appointment of Modesto's poet laureate, a position responsible for presenting original poetry at official events, selected by the Culture Commission. She acknowledged the outgoing poet laureate, Sal Salerno, and anticipates the selection of a new poet laureate. She also emphasized the City's provision of free public Wi-Fi at various locations, expanding accessibility to bridge the digital divide. She also shared about her participation in the Memorial Day service, honoring fallen soldiers and their families, and expressed gratitude for the City's involvement in the event. She is looking forward to participating in Graffiti activities, celebrating Modesto's culture and community.
Council Member Williams expressed gratitude for those who sacrificed their lives for the United States, highlighting the significance of Memorial Day. He acknowledged the upcoming event on Wednesday at the Plaza and praised Chris Murphy and his team for organizing the placement of stars on the roads and 10th Street. Williams also expressed appreciation for the efforts of the North Modesto Kiwanis Club in hosting the car show on Friday, emphasizing its contribution to the community. He mentioned the significant funds raised from last year's activities, which were allocated to local nonprofit organizations. Williams concluded by mentioning upcoming events such as Father's Day and Juneteenth, indicating he will address them in future council meetings.
Mayor Zwahlen gave a comprehensive overview of recent events and activities that she attended including The Garden Club celebration of its 100th birthday at Roosevelt Park.
She also participated in a Stanislaus leadership roundtable with prominent state senators.
She enjoyed the community spirit of Porchfest. She attended the graduation of seven new police officers from the police academy, in response to residents' call for increased safety measures. The Mayor also visited Kurume, Japan, to commemorate the 30-year anniversary of Modesto's sister city relationship. Memorial Day events, including a ceremony at Acacia Cemetery, honored fallen soldiers. The Mayor also attended a talent show organized by Downtown Streets Team members, and judged a Graffiti Classic Car Show. Additionally, she participated in the completion celebration of an emergency backup grid resiliency project, ensuring power resilience for thousands of homes in - 12 -
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Modesto.
Vice Mayor Alvarez expressed gratitude and congratulations to the Modesto McHenry Museum and Historical Society for their collaboration with the City on the Lowriding and Graffiti Festival exhibition. He highlighted his involvement on the Board of the McHenry Museum and the successful creation of a unique exhibit celebrating Chicano and lowrider culture. He looks forward to attending the American Graffiti parade with his family and emphasized the importance of staying hydrated during the event. He also discussed his recent trip to Washington, D.C., representing the City of Modesto and Stanislaus Council of Governments. He met with various government officials to advocate for transportation infrastructure resources, particularly for phase two and three of SR 132, which is crucial for the movement of goods and services in the region. He stressed the need for Federal funding to modernize the highway infrastructure, ensuring efficient transportation for constituents in District Two. He concluded by expressing appreciation for his time and opportunity to serve.
CITY MANAGER COMMENTS & REPORTS
City Manager Lopez announced the selection of Kevin Wise as the next Fire Chief for the City of Modesto. He recognized Chief Wise for his extensive experience and strong leadership in meeting community needs collaboratively. He praised him for his commitment to service and ensuring the safety and well-being of both firefighters and the communities they serve. He expressed anticipation for Chief Wise's contributions to the Modesto Fire Department and extends congratulations to him.
HEARINGS
Published in the Modesto Bee on May 24, 2024.
20. Hearing to consider and approve the Final Proposed Fiscal Year 2024-25 Operating and Multi-Year Budget and Capital Improvement Program for the City and related Resolutions. (Funding Source: All City Funds)
Resolution approving the adoption of the Fiscal Year 2024-25 Annual and Multi-Year Operating Budgets and the 2024-25 Capital Improvement Program for the City of Modesto and the related Inter-Fund Transfers. Resolution approving the Budget Principles, and the Operating Budget Policy as Outlined in the Fiscal Year 2024-25 Final Proposed Budget. Resolution amending the Classification Plan for the City of Modesto to create new classifications and amend existing classifications. Resolution amending the Position Allocation for Fiscal Year 2024-25 as adopted in the Operating Budget.
BUDGET; Steve Christensen, 209-577-5390, [email protected] ACTION: (Bavaro/Alvarez; 7/0) Resolution 2024-190 approving the adoption of the Fiscal Year 2024-25 Annual and Multi-Year Operating Budgets and the 2024-25 Capital Improvement Program for the City of Modesto and the related Inter-Fund Transfers.
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ACTION: (Bavaro/Alvarez; 7/0) Resolution 2024-191 approving the Budget Principles, and the Operating Budget Policy as Outlined in the Fiscal Year 2024-25 Final Proposed Budget.
ACTION: (Bavaro/Alvarez; 7/0) Resolution 2024-192 amending the Classification Plan for the City of Modesto to create new classifications and amend existing classifications.
ACTION: (Bavaro/Alvarez; 7/0) Resolution 2024-193 amending the Position Allocation for Fiscal Year 2024-25 as adopted in the Operating Budget.
NEW BUSINESS
21. Consider approving the City’s Pandemic Recovery Strategy, Modesto Forward, for the reallocation of American Rescue Plan Act (ARPA) funds defined under Exhibit A. (Funding Source: American Rescue Plan Act Funds)
Resolution approving the City’s Pandemic Recovery Strategy, Modesto Forward, for the reallocation of American Rescue Plan Act funds defined under Exhibit A and authorizing the City Manager, or his designee, to carry out the necessary steps to implement the programs and funding allocation.
FINANCE DEPARTMENT; DeAnna Christensen, 209-577-5387,
[email protected]
ACTION: (Williams/Escutia-Braaton; 7/0) Resolution 2024-194 approving the City’s Pandemic Recovery Strategy, Modesto Forward, for the reallocation of American Rescue Plan Act funds defined under Slide 13 and authorizing the City Manager, or his designee, to carry out the necessary steps to implement the programs and funding allocation.
22. Consider approving a successor Memorandum of Understanding (MOU) between the City of Modesto and Modesto City Firefighter’s Association (MCFFA) for a term of July 1, 2024, to June 30, 2028; and granting salary changes and benefit offerings to unrepresented sworn fire management. (Funding Source: General Fund) Resolution approving an Agreement including language changes for a successor Memorandum of Understanding (MOU) between the City of Modesto and the Modesto City Firefighters’ Association (MCFFA) for a term of July 1, 2024 to June 30, 2028, and related salary schedules; and authorizing the City Manager or designee to take the necessary administrative action to implement the Agreement.
Resolution approving salary changes for Unrepresented Sworn Fire Management Employees, including Fire Chiefs and Executives consistent with those in the represented unit, effective June 18, 2024, as set forth in attached Exhibit A, “Summary of Salary Ranges and Schedules for Unrepresented Sworn Management and Non-Sworn Management and Confidential Employees, including Charter Officers and Executives”; amending the summary of salary - 14 -
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ranges and schedules previously approved by Resolution 2023-321, and authorizing the City Manager or designee to take the necessary administrative action to implement the provisions of this Resolution.
Resolution approving changes to benefit offerings for Unrepresented Sworn Fire Management Employees, including Fire Chiefs and Executives consistent with those in represented units as set forth in attached Exhibit A, “Summary of Benefit Offerings for Unrepresented Sworn Management and Non-Sworn Management and Confidential Employees, including Charter Officers and Executives”; and authorizing the City Manager or designee to take the necessary administrative action to implement the provisions of this Resolution. Resolution amending the Fiscal Year 2024-25 annual Operating Budget for the Memorandum of Understanding (MOU) Agreements with the Modesto City Firefighter’s Association (MCFFA) and Unrepresented Sworn Fire Management and authorizing the City Manager to take the necessary actions to implement the required budget adjustments.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-195 approving an Agreement including language changes for a successor Memorandum of Understanding (MOU) between the City of Modesto and the Modesto City Firefighters’ Association (MCFFA) for a term of July 1, 2024 to June 30, 2028, and related salary schedules; and authorizing the City Manager or designee to take the necessary administrative action to implement the Agreement.
ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-196 approving salary changes for Unrepresented Sworn Fire Management Employees, including Fire Chiefs and Executives consistent with those in the represented unit, effective June 18, 2024, as set forth in attached Exhibit A, “Summary of Salary Ranges and Schedules for Unrepresented Sworn Management and Non-Sworn Management and Confidential Employees, including Charter Officers and Executives”; amending the summary of salary ranges and schedules previously approved by Resolution 2023-321, and authorizing the City Manager or designee to take the necessary administrative action to implement the provisions of this Resolution.
ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-197 approving changes to benefit offerings for Unrepresented Sworn Fire Management Employees, including Fire Chiefs and Executives consistent with those in represented units as set forth in attached Exhibit A, “Summary of Benefit Offerings for Unrepresented Sworn Management and Non-Sworn Management and Confidential Employees, including Charter Officers and Executives”; and authorizing the City Manager or designee to take the necessary administrative action to implement the provisions of this Resolution.
ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-198 amending the Fiscal Year 2024-25 annual Operating Budget for the Memorandum of Understanding (MOU) Agreements with the Modesto City Firefighter’s Association (MCFFA) and Unrepresented Sworn Fire Management and authorizing the City Manager to take the - 15 -
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necessary actions to implement the required budget adjustments.
MATTERS TOO LATE FOR THE AGENDA
None
ADJOURNMENT
This meeting adjourned at 7:33 P.M.
All Closed Session matters heard prior to the meeting.
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Four Case (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: Ana Sepulveda v. Nestle Waters North America Holdings Inc. & City of Modesto
Superior Court of California, County of Stanislaus
Case No.: CV-21-006197
Magda Abraham v. City of Modesto, et al.
Superior Court of California, County of Stanislaus
Case No.: CV-18-003342
Kirstin Normark v. City of Modesto, et al.
Superior Court of California, County of Stanislaus
Case No.: CV-24-003441
Thomas Edward Humphrey v. Modesto Police Department
U.S. District Court- Eastern District of California
Case No.: 2:24-CV-01127-KJM-CSK
Attest: ____________________________
Diane Nayares-Perez, City Clerk