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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, June 11, 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: Mark Hammond, Celebration Center
City Clerk’s Announcements
Declaration of Conflicts of Interest: Items 7 & 9 – Councilmember Escutia-Braaton recused due to a conflict. Item 21 – Councilmember Williams recused due to a conflict.
Reports from Closed Session: No reportable action.
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Proclamation declaring June 19th as Juneteenth. (Funding Source: Not Applicable) CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]
ACTION: Mayor Zwahlen presented proclamation declaring June 19th as Juneteenth. - 2 -
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MISCELLANEOUS
2. Consider approving the appointment of Dewey Bedford as the Culture Commission representative to the Landmark Preservation Commission for 2024, with a term expiration of December 31, 2024. (Funding Source: Not Applicable) Staff Recommendation:
Resolution approving the appointment of Dewey Bedford as the 2024 Culture Commission representative to the Landmark Preservation Commission with a term expiration of December 31, 2024.
PRN; Diane Sheatsley, 209-577-5418, [email protected] ACTION: (Alvarez/Ricci; 7/0) Resolution 2024-199 approving the appointment of Dewey Bedford as the 2024 Culture Commission representative to the Landmark Preservation Commission with a term expiration of December 31, 2024.
PUBLIC COMMENT IN PERSON
Danielle Morgan, speaking on behalf of Assemblyman Juan Alaniz, provided an update on legislative activities in Sacramento. She mentioned that Assemblyman Alaniz has been busy with various bills, including 15 currently in the Senate. These bills cover a range of topics from education to retail theft, with one specifically addressing cattle industry protections against losses (AB 2436). Morgan emphasized the importance of critical industries like cattle and offered assistance from their office for any questions or concerns.
Derek Castle expressed his excitement about finding solutions for families experiencing homelessness but also voiced concern for those sleeping on the streets downtown and in parks. He noted the delays in moving forward with bridge housing approved seven months prior and suggested thinking more creatively to address the issue. Castle referenced Yuba City's use of inexpensive tough sheds to provide shelter and proposed a similar approach for Modesto, highlighting the affordability and immediate impact. He also suggested placing tough sheds inside warehouses to mitigate extreme weather conditions, emphasizing the cost-effectiveness of this solution compared to traditional bridge housing. Castle urged action and emphasized the need for determination in addressing homelessness in Modesto. Todd Aaronson, CEO of Visit Modesto, provided an update on tourism activities in 2024, expressing gratitude for support. He highlighted successful events like the Almond Blossom Cruise, which garnered significant media attention and increased visitor traffic despite a dip in hotel occupancy statewide. Aaronson mentioned the success of Modesto's first citywide Garage Fest, which surpassed expectations with 260 registered garages and notable visitor spending. He also shared experiences from business trips to LA and Japan, where Modesto gained attention from international media and travel operators interested in including it in future itineraries. Despite challenges in California's travel demand, Aaronson remained optimistic about Modesto's tourism prospects, citing promising leads and a bright future ahead. - 3 -
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Jonathan Williams spoke regarding the deaths of Paul Chavez and Trevor Seever in Modesto, accusing the city of attempting to cover up the incidents. He described Paul Chavez's encounter with law enforcement, highlighting Paul's non-threatening behavior during a moment of distress. Williams, who has struggled with mental health issues himself, questioned why he wasn't met with lethal force during his own encounters despite wielding weapons and making threats. He expressed sorrow over the loss of lives and their impact on families, including the recent loss of Paul Chavez’s wife Brittoni Estrella Chavez.
Patrick expressed frustration and anger towards the Council. He called out Councilmember Bavaro for his previous treatment of Brittoni and accused the Council of ignoring her cries for help, leading to her eventual death. Patrick played an audio recording of a past Father's Day message from his best friend, Paul, highlighting the loss caused by the actions of Modesto's police. He expressed disbelief and sorrow over the deaths of both Paul and Brittoni, blaming the city for their tragedies. Patrick concluded by expressing his disappointment in the Council and emphasized the pain caused by their inaction.
Steve expressed frustration over disrespect, harassment, and abuse he's received while advocating for victims of police violence. He criticized the Council's handling of issues and mentioned a past incident where a Councilmember threatened him without consequence. Steve accused the Council of not caring about community members like Brittoni, who passed away. He referenced a poem by John Dunn as a reflection of community sentiment. Steve concluded by dedicating a moment of silence to Brittoni Estrella Chavez.
Teresa Clutter expressed immense pain and grief over the recent loss of her daughter, and the loss of her son-in-law, who was killed by the police. She described the devastating impact on her family, particularly her grandsons who are now without parents. Theresa criticized the lack of accountability and support from the Council, urging them to take action to prevent similar tragedies in the future. She pleaded for change and justice, quoting scriptures and emphasized the need for the Council to do better for others, as they failed to do so for her family. Dayanara Estrella spoke regarding her niece, Brittoni Estrella. She highlighted Brittoni’s passionate voice and her tendency to speak from the heart, even if it led to disagreement. She shared her own conflicted feelings about law enforcement due to family members in both Modesto and Stockton. She reflected on Brittoni’s internal struggle, torn between her love for her father, who was in law enforcement, and her own experiences that caused pain and frustration. Dayanara emphasized the confusion and heartbreak Brittany endured, urging the Council to consider the complexities of her situation. She concluded by pledging to continue being Brittoni’s voice and wished her niece to rest in peace.
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Ramon Rodriguez expressed frustration over the lack of action from the Council following incidents of misconduct and brutality of the Police Department, including the deaths of Trevor Seever and Paul Chavez. He also spoke regarding another case of police violence involving Alonzo Nunez and criticized the city's failure to hold officers accountable. Ramon accused the Council of ignoring calls for justice from advocates like Brittoni, who faced insults and threats while pushing for change. He condemned the Council's inaction on various community issues, such as economic struggles and infrastructure problems. Ramon blamed Officer Muncy for causing further trauma and loss, urging the Council to take responsibility and enact meaningful reforms. Giancarlo expressed appreciation to the Mayor and City Manager for meeting with them but called out other Councilmembers who failed to follow up on previous discussions about police brutality. He cited instances where promises to follow up were not kept, and emails requesting meetings were ignored or received copy-and-paste responses. Giancarlo criticized the Council for their intentional disconnect from residents and their failure to address issues like police brutality, which directly impacted Brittoni’s family. He condemned the neglect and avoidance of certain Councilmembers and called for accountability. Giancarlo concluded by observing a moment of silence for Brittoni.
Manuela spoke about meeting Brittoni and her family and expressed sadness over her passing and determination to continue fighting for justice on behalf of Brittoni, Paul, and Trevor Seever. She condemned the pattern of police violence in Modesto and criticized the Council for not taking appropriate action. Manuela emphasized the need for reallocation of funds from law enforcement to address community issues like homelessness and mental health. She highlighted the lack of de-escalation training and understanding of mental health situations within the police department, which led to unnecessary deaths. Manuela concluded by urging the Council to take action and ensure justice for victims like Brittoni, Paul, and Trevor. Alyssa Leira, a mental health coordinator with Stockton Stands, addressed the Council, acknowledging a previous meeting with the City Manager, City Attorney, and Mayor.
She noted a breach of the Brown Act by Councilmember Alvarez during the public comments and questioned the Council's ability to maintain protocol and keep the community safe if they couldn't hold their own members accountable. Alyssa concluded by paying respects to Brittoni, who had passed away. Kevin McClarty expressed concerns about the delayed opening of the Transit Center due to underground wire issues. He posed several questions: why the wires were causing the delay, why it would take until 2030 to fix them, who was responsible for the oversight, whether the city would recoup costs, and if a temporary station under the Needham Overpass was planned and its cost. Kevin also questioned whether Modesto would be bypassed again for important projects and urged the Council to adopt a more proactive approach to City Planning.
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Sebastian Jones expressed condolences to the family of Brittoni and Paul Chavez and emphasized the emotional and challenging aspects of their situation. Sebastian also asked for forgiveness from Councilmember Wright for misspeaking about an article two years ago. Mr. Jones then redirected his remarks towards a historical and personal perspective, referencing the naming of a building after Dr. Martin Luther King Jr. He criticized the Council for what he perceived as disrespect towards Dr. King's legacy and urged action to rectify this by putting the issue on the agenda. Sebastian Cervantes expressed frustration and disappointment over the lack of justice for Brittoni and others affected by police violence in Modesto. He criticized the Councilmembers for what he perceived as their indifference and insincerity towards the community's struggles, highlighting empty seats at the meeting as symbolic of their disregard for the working class. Sebastian accused some Councilmembers of being indifferent to the grief and suffering of families affected by police brutality, contrasting their actions with the pain felt by those like Steve. He concluded by calling for a moment of silence to honor Brittoni, Paul, and all families impacted by systemic oppression.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS: 1-6, 8, 10-20, 22 (Wright/Ricci; 7/0)
CONSENT
Consent
3. Consider approving the minutes for the June 4, 2024 Council Meeting. (Funding Source: Not Applicable)
Motion approving the minutes for the June 4, 2024 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Ricci; 7/0) Motion approving the minutes for the June 4, 2024 Council Meeting.
Consent
4. Consider approving an Agreement with AmeriNational Community Services, LLC (dba AmeriNat) to manage the City’s loan portfolio for loans funded through State and Federal programs for a total amount not to exceed $434,000 over five (5) years. (Funding Source: Community Development Block Grant Funds, Permanent Local Housing Allocation, HOME Investment Partnership Funds)
Resolution approving the Award of Proposal and Purchasing Agreement with AmeriNational Community Services LLC (dba AmeriNat), to manage the City’s loan portfolio for loans funded through State and Federal programs for a three (3) year Agreement with two (2) one-year extension options, for an annual estimated amount of $86,800, and a total amount not to exceed $434,000 over five years; and authorizing the City Manager, or his designee, to execute the Agreement.
CED; Edgar Garcia, 209-577-5211, [email protected] - 6 -
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ACTION: (Wright/Ricci; 7/0) Resolution 2024-200 approving the Award of Proposal and Purchasing Agreement with AmeriNational Community Services LLC (dba AmeriNat), to manage the City’s loan portfolio for loans funded through State and Federal programs for a three (3) year Agreement with two (2) one-year extension options, for an annual estimated amount of $86,800, and a total amount not to exceed $434,000 over five years; and authorizing the City Manager, or his designee, to execute the Agreement.
Consent
5. Consider approving On-Call Agreements for Construction Inspection Services, with Dillon and Murphy Engineering, West Yost & Associates, and TRC Engineering, Inc., for a one-year Agreement with two one-year extension options, for an estimated annual amount of $74,500 per consultant, and a total amount not to exceed $223,500 per consultant over three years. (Funding Source: Various Capital Improvement Projects) Resolution approving On-Call Agreements for Construction Inspection Services with Dillon and Murphy Engineering, TRC Engineering, Inc., and West Yost & Associates for a one-year Agreement with two one-year extension options, for an estimated annual amount of $74,500 per consultant, and a total amount not to exceed $223,500 per consultant over three years and authorizing the City Manager, or his designee, to execute the Agreement.
ENGINEERING SERVICES; Pete Kambel, 209-577-5444, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2024-201 approving On-Call Agreements for Construction Inspection Services with Dillon and Murphy Engineering, TRC Engineering, Inc., and West Yost & Associates for a one-year Agreement with two one-year extension options, for an estimated annual amount of $74,500 per consultant, and a total amount not to exceed $223,500 per consultant over three years and authorizing the City Manager, or his designee, to execute the Agreement.
Consent
6. Consider accepting the Highway Village Strengthen & Replace Water Mains Project as complete, releasing securities, releasing payments totaling $3,909,585 to Rolfe Construction Inc., of Atwater, CA., and authorizing the City Clerk to file a Notice of Completion. (Funding Source: Water Fund)
Resolution accepting the Highway Village Strengthen & Replace Water Mains Project as complete, releasing securities, releasing payments totaling $3,909,585 to Rolfe Construction Inc., of Atwater, CA., and authorizing the City Clerk to file a Notice of Completion.
ENGINEERING SERVICES; Peter Kambel, 209-577-5444, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2024-202 accepting the Highway Village Strengthen & Replace Water Mains Project as complete, releasing securities, releasing payments totaling $3,909,585 to Rolfe Construction Inc., of Atwater, CA., and authorizing the City Clerk to file a Notice of Completion. - 7 -
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Councilmember Escutia-Bratton recused due to conflict.
Consent
7. Consider accepting the Pelandale Neighborhood Pavement Maintenance and Virginia Corridor Trail Maintenance Project as complete, releasing securities, releasing payments totaling $1,956,556 to American Pavement Systems, Inc., of Modesto, California, and authorizing the City Clerk to file a Notice of Completion. (Funding Source: Local Measure L Funds)
Resolution accepting the Pelandale Neighborhood Pavement Maintenance and Virgina Corridor Trail Maintenance Project as complete, releasing securities, releasing payments totaling $1,956,556 to American Pavement Systems, Inc., of Modesto, California, and authorizing the City Clerk to file a Notice of Completion.
ENGINEERING SERVICES; Peter Kambel, 209-577-5444, [email protected] ACTION: (Wright/Ricci; 6/0; Escutia-Braaton recused) Resolution 2024-203 accepting the Pelandale Neighborhood Pavement Maintenance and Virgina Corridor Trail Maintenance Project as complete, releasing securities, releasing payments totaling $1,956,556 to American Pavement Systems, Inc., of Modesto, California, and authorizing the City Clerk to file a Notice of Completion.
Consent
8. Consider accepting the Rebid Upgrade Traffic Signals 2017 CML-5059 (222) Project as complete, releasing securities, releasing payments totaling $857,281 to St. Francis Electric, LLC, of San Leandro CA., and authorizing the City Clerk to file a Notice of Completion. (Funding Source: Congestion Mitigation Air Quality Grant) Resolution accepting the Rebid Upgrade Traffic Signals 2017 CML-5059 (222) Project as complete, releasing securities, releasing payments totaling $857,281 to St. Francis Electric, LLC., of San Leandro, CA., and authorizing the City Clerk to file a Notice of Completion.
ENGINEERING SERVICES; Peter Kambel, 209-577-5444, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2024-204 accepting the Rebid Upgrade Traffic Signals 2017 CML-5059 (222) Project as complete, releasing securities, releasing payments totaling $857,281 to St. Francis Electric, LLC., of San Leandro, CA., and authorizing the City Clerk to file a Notice of Completion.
Councilmember Escutia-Bratton recused due to conflict.
Consent
9. Consider accepting the Briggsmore Avenue and Orangeburg Avenue Pavement Rehabilitation Project as complete, releasing securities, releasing payments totaling $7,712,644 to United Pavement Maintenance, Inc., of Hughson, CA., and authorizing the City Clerk to file a Notice of Completion. (Funding Source: Local Measure L Funds)
Resolution accepting the Briggsmore Avenue and Orangeburg Avenue Pavement Rehabilitation project as complete, releasing securities, releasing - 8 -
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payments totaling $7,712,644 to United Pavement Maintenance, Inc., of Hughson, CA., and authorizing the City Clerk to file a Notice of Completion.
ENGINEERING SERVICES; Peter Kambel, 209-577-5444, [email protected] ACTION: (Wright/Ricci; 6/0; Escutia-Braaton recused) Resolution 2024-205 accepting the Briggsmore Avenue and Orangeburg Avenue Pavement Rehabilitation project as complete, releasing securities, releasing payments totaling $7,712,644 to United Pavement Maintenance, Inc., of Hughson, CA., and authorizing the City Clerk to file a Notice of Completion.
Consent
10. Consider accepting the Monthly Investment Report for March 2024. (Funding Source:
Various Funds)
Motion accepting the Monthly Investment Report for March 2024.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
ACTION: (Wright/Ricci; 7/0) Motion accepting the Monthly Investment Report for March 2024.
Consent
11. Consider accepting an Informational Report for the April 2024 Accounts Payable Payment Register and Void Report. (Funding Source: Not Applicable) Motion accepting an Informational Report for the April 2024 Accounts Payable Payment Register and Void Report.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Wright/Ricci; 7/0) Motion accepting an Informational Report for the April 2024 Accounts Payable Payment Register and Void Report.
Consent
12. Consider approving the purchase of a New Public Bidding Solution Subscription with OpenGov Inc., San Francisco, CA in the amount of $276,136 over three years. (Funding Source: General Fund, Capital Improvement Fund, and Utility Funds) Resolution approving the purchase of a New Public Bidding Solution Subscription with OpenGov Inc., San Francisco, CA in the amount of $276,136 over three years; and authorizing the City Manager or his designee to execute the Agreement.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2024-206 approving the purchase of a New Public Bidding Solution Subscription with OpenGov Inc., San Francisco, CA in the amount of $276,136 over three years; and authorizing the City Manager or his designee to execute the Agreement.
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Consent
13. Consider approving an Automatic Aid Agreement with Westport Fire Protection District to provide fire-related emergency response to the Regional Water Recycling Facility Jennings Campus located at 7007 Jennings Rd. and authorizing the City Manager, or his designee, to execute the Agreement. (Funding Source: General Fund) Resolution approving an Automatic Aid Agreement with Westport Fire Protection District to provide fire-related emergency response to the Regional Water Recycling Facility Jennings Campus located at 7007 Jennings Rd. and authorizing the City Manager, or his designee, to execute the Agreement.
FIRE DEPARTMENT; Kevin Wise, 209-572-9590, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2024-207 approving an Automatic Aid Agreement with Westport Fire Protection District to provide fire-related emergency response to the Regional Water Recycling Facility Jennings Campus located at 7007 Jennings Rd. and authorizing the City Manager, or his designee, to execute the Agreement.
Consent
14. Consider approving a First Amendment to the Agreement with LDA Partners, Inc., for additional tasks related to construction documentation for the Dryden Clubhouse Renovation Project, for a new total amount not to exceed $621,500. (Funding Source:
American Rescue Plan Act (ARPA), Golf Fund)
Resolution approving a First Amendment to the Agreement with LDA Partners, Inc. for additional tasks related to construction documentation for the Dryden Clubhouse Renovation Project, increasing the Agreement amount by $270,000, for a new contract amount of $565,000, plus $56,500 in additional services (if needed), for a new total amount not to exceed $621,500 and authorizing the City Manager, or his designee, to execute the Amendment.
PRN; Nathan Houx, 209-571-5526, [email protected]
ACTION: (Wright/Ricci; 7/0) Resolution 2024-208 approving a First Amendment to the Agreement with LDA Partners, Inc. for additional tasks related to construction documentation for the Dryden Clubhouse Renovation Project, increasing the Agreement amount by $270,000, for a new contract amount of $565,000, plus $56,500 in additional services (if needed), for a new total amount not to exceed $621,500 and authorizing the City Manager, or his designee, to execute the Amendment.
Consent
15. Consider approving the Second Amendment increasing the Agreement amount with BrightView Golf Maintenance, Inc., in partnership with KemperSports Management, for Golf Management and Maintenance Services, by $175,202 from $13,987,536 to a new total amount of $14,162,738. (Funding Source: Golf Fund) Resolution approving the Second Amendment increasing the Agreement amount with BrightView Golf Maintenance, Inc., in partnership with KemperSports Management, for Golf Management and Maintenance Services, - 10 -
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by $175,202 from $13,987,536 to a new total amount of $14,162,738; and authorizing the City Manager, or his designee to execute the Amendment.
PRN; Jessica Franco, 209-577-5278, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2024-209 approving the Second Amendment increasing the Agreement amount with BrightView Golf Maintenance, Inc., in partnership with KemperSports Management, for Golf Management and Maintenance Services, by $175,202 from $13,987,536 to a new total amount of $14,162,738; and authorizing the City Manager, or his designee to execute the Amendment.
Consent
16. Consider approving the Agreement for Polygraph Examination Services to Assurance Polygraph, LLC, Castro Valley, CA, a total amount not to exceed $538,260 over five years. (Funding Source: General Fund)
Resolution approving the Award of Bid and Agreement for Polygraph Examination Services to Assurance Polygraph, LLC, Castro Valley, CA, for a two (2) year Agreement with three (3) one-year extension options, for an annual estimated amount of $96,250, plus up to $57,010 for contingency, if needed, for an Agreement total amount not to exceed $538,260 over five years, and authorizing the City Manager, or his designee, to execute the Agreement.
POLICE DEPARTMENT; Jessica Smart, 209-572-9500, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2024-210 approving the Award of Bid and Agreement for Polygraph Examination Services to Assurance Polygraph, LLC, Castro Valley, CA, for a two (2) year Agreement with three (3) one-year extension options, for an annual estimated amount of $96,250, plus up to $57,010 for contingency, if needed, for an Agreement total amount not to exceed $538,260 over five years, and authorizing the City Manager, or his designee, to execute the Agreement.
Consent
17. Consider approving an Agreement with Sigma Tactical Wellness, Austin, Texas, for Comprehensive Heart Health Assessments for First Responders for a total not to exceed $115,464. (Funding Source: Byrne Justice Assistance Grant) Resolution approving an Agreement with Sigma Tactical Wellness, Austin, Texas, for Comprehensive Heart Health Assessments for First Responders for a total amount not to exceed $115,464; and authorizing the City Manager, or his designee, to execute the Agreement.
POLICE DEPARTMENT; Chris Adams, 209-572-9500, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2024-211 approving an Agreement with Sigma Tactical Wellness, Austin, Texas, for Comprehensive Heart Health Assessments for First Responders for a total amount not to exceed $115,464; and authorizing the City Manager, or his designee, to execute the Agreement. - 11 -
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Consent
18. Consider approving the submission of grant applications to the State Water Resources Control Board’s Small Community Funding Program: Clean Water/Wastewater and Safe and Affordable Funding for Equity and Reliance Program for the Stanislaus Elementary School Water and Sewer Line Extension Projects. (Funding Source: Water and Sewer Fund)
Resolution approving the submission of a Safe and Affordable Funding for Equity and Reliance Program grant application to the State Water Resources Control Board to fund the Kiernan Avenue Water Main Extension Project (Stanislaus Elementary School 123-TCP Mitigation Project), authorizing the City Manager, or his designee, to enter into the associated Grant Agreement and execute all related documents.
Resolution approving the submission of a Small Community Funding Program:
Clean Water/Wastewater grant application to the State Water Resources Control Board to fund the Carver Road Sewer Extension Project (Stanislaus Elementary School Sewer Main Project), authorizing the City Manager, or his designee, to enter into the associated Grant Agreement and execute all related documents.
UTILITIES; Jim Alves, 209-571-5557, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2024-212 approving the submission of a Safe and Affordable Funding for Equity and Reliance Program grant application to the State Water Resources Control Board to fund the Kiernan Avenue Water Main Extension Project (Stanislaus Elementary School 123-TCP Mitigation Project), authorizing the City Manager, or his designee, to enter into the associated Grant Agreement and execute all related documents.
ACTION: (Wright/Ricci; 7/0) Resolution 2024-213 approving the submission of a Small Community Funding Program: Clean Water/Wastewater grant application to the State Water Resources Control Board to fund the Carver Road Sewer Extension Project (Stanislaus Elementary School Sewer Main Project), authorizing the City Manager, or his designee, to enter into the associated Grant Agreement and execute all related documents.
Consent
19. Consider accepting the Emergency Bypass for Screw Pumps Repairs as complete, and authorizing all payments to Rain for Rent, Stockton, CA, for a total cost of $204,628. (Funding Source: Sewer Operations Fund)
Resolution accepting the Emergency Bypass for Screw Pumps repairs as complete, and authorizing all payments to Rain for Rent, Stockton, CA, for a total cost not to exceed $204,628, and authorizing the City Manager, or his designee, to implement the provisions of this Resolution.
UTILITIES; Jeff Daniels, 209-577-6255, [email protected], ACTION: (Wright/Ricci; 7/0) Resolution 2024-214 accepting the Emergency Bypass for Screw Pumps repairs as complete, and authorizing all payments to Rain for Rent, - 12 -
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Stockton, CA, for a total cost not to exceed $204,628, and authorizing the City Manager, or his designee, to implement the provisions of this Resolution.
Consent
20. Consider approving the Plans and Specifications for the Well 312 Treatment & Flushline Improvements Project; accepting the Bid and Awarding a Construction Contract to TSI Engineering, Inc., of North Highlands, CA, in the amount of $4,060,786, authorizing $487,295 (12%) in contingency (if needed), for a total payment amount not to exceed $4,548,081. (Funding Source: Water Fund) Resolution approving the Plans and Specifications for the Well 312 Treatment & Flushline Improvements Project; accepting the Bid and Awarding a Construction Contract to TSI Engineering, Inc., of North Highlands, CA, in the amount of $4,060,786, authorizing the Director of Engineering Services to approve Change Orders up to the cumulative amount of $487,295, 12% of the original contract price, for a total payment amount not to exceed $4,548,081 and authorizing the City Manager, or his designee, to execute the Contract. Resolution amending the Fiscal Year 2023-24 Capital Improvement Program Budget in the amount of $3,722,218 to be transferred into the Project from Water Fund Reserves in order to fund the Construction Phase of the Well 312 Treatment & Flushline Improvements Project.
UTILITIES; Edgar Vargas, 209-577-5424, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2024-215 approving the Plans and Specifications for the Well 312 Treatment & Flushline Improvements Project; accepting the Bid and Awarding a Construction Contract to TSI Engineering, Inc., of North Highlands, CA, in the amount of $4,060,786, authorizing the Director of Engineering Services to approve Change Orders up to the cumulative amount of $487,295, 12% of the original contract price, for a total payment amount not to exceed $4,548,081 and authorizing the City Manager, or his designee, to execute the Contract.
ACTION: (Wright/Ricci; 7/0) Resolution 2024-216 amending the Fiscal Year 2023- 24 Capital Improvement Program Budget in the amount of $3,722,218 to be transferred into the Project from Water Fund Reserves in order to fund the Construction Phase of the Well 312 Treatment & Flushline Improvements Project.
Councilmember Williams recused due to conflict.
Consent
21. Consider approving an Engineering Services Agreement with BKF Engineers, of Modesto, CA, for the Final Design of the Highway 99 Water Main Crossings Improvements Project, in the amount of $491,321, plus $49,132 in additional services, if needed, for an Agreement total not to exceed $540,453. (Funding Source: Water Fund)
Resolution approving an Engineering Services Agreement with BKF Engineers, of Salida, CA, for the Final Design of the Highway 99 Water Main Crossings Improvements Project in the amount of $491,321, plus $49,132 in additional services, if needed, for an Agreement total amount not to exceed $540,453 and - 13 -
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authorizing the City Manager, or his designee, to execute the Agreement. Resolution approving an amendment to the Fiscal Year 2023-24 Capital Improvement Program Budget in the amount of $3,047,541 to be transferred into the Project from Water Fund Reserves to fund the Highway 99 Water Main Crossings Improvements Project.
UTILITIES; Edgar Vargas, 209-577-5424, [email protected] ACTION: (Escutia-Braaton/Wright; 6/0; Williams recused) Resolution 2024-217 approving an Engineering Services Agreement with BKF Engineers, of Salida, CA, for the Final Design of the Highway 99 Water Main Crossings Improvements Project in the amount of $491,321, plus $49,132 in additional services, if needed, for an Agreement total amount not to exceed $540,453 and authorizing the City Manager, or his designee, to execute the Agreement.
ACTION: (Escutia-Braaton/Wright; 6/0; Williams recused) Resolution 2024-218 approving an amendment to the Fiscal Year 2023-24 Capital Improvement Program Budget in the amount of $3,047,541 to be transferred into the Project from Water Fund Reserves to fund the Highway 99 Water Main Crossings Improvements Project.
Consent
22. Consider approving an Engineering Services Agreement with Carollo Engineers, Inc., of Sacramento, CA, for the Regional Water Recycling Facility - Sutter Campus Master Plan Relocation Project, in an amount not to exceed $1,966,703. (Funding Source:
Wastewater Fund)
Resolution approving an Engineering Services Agreement with Carollo Engineers, of Sacramento, CA, for the Regional Water Recycling Facility - Sutter Campus Master Plan Relocation Project in the amount of $1,787,912, plus $178,791 in additional services, if needed, for an Agreement total amount not to exceed $1,966,703 and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution approving an amendment to the Fiscal Year 2023-24 Multi-Year Program Budget in the amount of $2,045,000 to be transferred into the Project from Wastewater Reserves to fund the Regional Water Recycling Facility - Sutter Campus Master Plan Relocation Project.
UTILITIES; Juan Ochoa, 209-577-5423, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2024-219 approving an Engineering Services Agreement with Carollo Engineers, of Sacramento, CA, for the Regional Water Recycling Facility - Sutter Campus Master Plan Relocation Project in the amount of $1,787,912, plus $178,791 in additional services, if needed, for an Agreement total amount not to exceed $1,966,703 and authorizing the City Manager, or his designee, to execute the Agreement.
ACTION: (Wright/Ricci; 7/0) Resolution 2024-220 approving an amendment to the Fiscal Year 2023-24 Multi-Year Program Budget in the amount of $2,045,000 to be transferred into the Project from Wastewater Reserves to fund the Regional Water - 14 -
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Recycling Facility - Sutter Campus Master Plan Relocation Project.
COUNCIL COMMENTS & REPORTS
Vice Mayor Alvarez spoke during the meeting, beginning with positive remarks about a recent Graffiti event and thanking organizers for their efforts. He then addressed comments made by Steve Allen, Giancarlo Serna, and Sebastian regarding alleged misinformation and defamation directed at him and his colleagues on social media.
Alvarez clarified that he and some Councilmembers decline meetings with this group due to what he described as their nefarious tactics in public communication, particularly regarding matters affecting black and brown communities. He emphasized his willingness to engage with constituents on district and city issues but asserted that he cannot discuss ongoing legal proceedings. Alvarez defended the Council's commitment to addressing police brutality, noting the diversity among Councilmembers as evidence of their dedication to community welfare despite criticisms they receive.
Councilmember Ricci praised Modesto's recent Graffiti event, echoing Vice Mayor Alvarez's positive remarks. He emphasized community involvement in driving government decisions, citing the opening of Graceada pool on weekends by Parks and Rec as an example. Ricci discussed plans from a meeting with the College Area Neighborhood Association to improve parks, especially addressing safety issues at Enslen Park with increased patrols and community activities. He also noted the Council's efforts in police reform through accountability measures and expressed optimism for ongoing progress and collaboration with residents for positive citywide changes.
Councilmember Escutia-Bratton began by highlighting several community events she attended. She mentioned an event at Vintage Faire Mall celebrating Jerry Givens as the winner of an almond blossom photo contest, emphasizing the beauty of Modesto's almond blossoms. Bratton also expressed joy about participating in the Graffiti Parade, praising the community spirit and thanking volunteers for their efforts. She then discussed attending a police ceremony where seven new officers were sworn in, noting their qualifications and eagerness to serve Modesto. Lastly, she joined other officials at a groundbreaking for an outpatient facility by the Center for Human Services, emphasizing the partnership between public and private sectors to enhance mental health and substance use treatment for youth in the community.
Councilmember Williams began by recalling recent community events. First, he mentioned the Legends of the Cruise event on 10th Street Plaza, where the Council received an award from the Legends of the Cruise Committee. He expressed gratitude for the recognition and praised the committee for their efforts. He then shifted to the Kiwanis event, expressing thanks to the City of Modesto for their ongoing partnership. He reported 1372 registrants, with additional participants over the weekend, totaling around 11,000 attendees. He thanked the community, participants, spectators, and law enforcement for their support in ensuring the event's success and safety. Lastly, he invited everyone to the upcoming Juneteenth celebration at Graceada Park, highlighting it as a commemoration of the Emancipation Proclamation with food, music, and cultural activities, emphasizing that - 15 -
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it's a free event open to all.
Mayor Zwahlen shared updates on recent events and initiatives in Modesto. She began with the Modesto Police Department's welcoming and promotion ceremony, noting the addition of two new Rangers and two CHAT officers alongside seven sworn officers. She highlighted positive feedback from the Clergy Council regarding the professionalism of Rangers at Graceada Park. The Mayor also praised the new outpatient center for 0 to 25- year-olds by the Center for Human Services, emphasizing its impact on youth facing challenges like substance use disorder and mental illness, and recognizing Cindy Duenas for her long-standing service as the Executive Director. Additionally, she reported on her ongoing attendance at San Joaquin Regional Rail Commission meetings, focusing on efforts to bring rail to Modesto, including outreach initiatives for students and seniors, and accommodations for special events like 49ers games and trips to Great America.
CITY MANAGER COMMENTS & REPORTS
None.
Recessed: 6:57 p.m.
Reconvened: 7:02 p.m.
HEARINGS
Published in the Modesto Bee on May 31, 2024.
23. Hearing to consider approving Fiscal Year 2024-25 Diagram and Annual Assessment and ordering the Levy and Collection of Charges within Landscape Maintenance Assessment District No. 1 for Dry Creek Meadows Subdivisions Nos. 1-6. (Funding Source: Landscape Maintenance District No. 1)
Resolution approving the Fiscal Year 2024-25 Diagram and Annual Assessment and ordering the Levy and Collection of Charges within Landscape Maintenance Assessment District No. 1 for Dry Creek Meadows Subdivisions Nos. 1-6.
CED; Edgar Garcia, 209-577-5211, [email protected] ACTION: (Williams/Alvarez; 7/0) Resolution 2024-221 approving the Fiscal Year 2024-25 Diagram and Annual Assessment and ordering the Levy and Collection of Charges within Landscape Maintenance Assessment District No. 1 for Dry Creek Meadows Subdivisions Nos. 1-6.
Published in the Modesto Bee on May 31, 2024.
24. Hearing to consider approving Fiscal Year 2024-25 Diagram and Annual Assessment and ordering the Levy and Collection of Charges within Landscape Maintenance Assessment District No. 2 for Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision and Yosemite Meadows Subdivisions Units 1 and 2. (Funding Source: Landscape Maintenance District No. 2)
Resolution approving the Fiscal Year 2024-25 Diagram and Annual - 16 -
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Assessment and ordering the Levy and Collection of Charges within Landscape Maintenance Assessment District No. 2 for Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision, and Yosemite Meadows Subdivision Units 1 and 2.
CED; Edgar Garcia, 209-577-5211, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2024-222 approving the Fiscal Year 2024- 25 Diagram and Annual Assessment and ordering the Levy and Collection of Charges within Landscape Maintenance Assessment District No. 2 for Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision, and Yosemite Meadows Subdivision Units 1 and 2.
Published in the Modesto Bee on May 31, 2024.
25. Hearing to consider approving Fiscal Year 2024-25 Diagram and Annual Assessment and ordering the Levy and Collection of Charges within Shackelford Landscape and Lighting District. (Funding Source: Shackelford Landscape and Lighting District) Resolution approving the Fiscal Year 2024-25 Diagram and Annual Assessment and ordering the Levy and Collection of Charges within Shackelford Landscape and Lighting District.
CED; Edgar Garcia, 209-577-5211, [email protected] ACTION: (Escutia-Braaton/Williams; 7/0) Resolution 2024-223 approving the Fiscal Year 2024-25 Diagram and Annual Assessment and ordering the Levy and Collection of Charges within Shackelford Landscape and Lighting District.
Published in the Modesto Bee on May 31, 2024.
26. Hearing to consider the annexation of Assessor Parcel Numbers (APNs) 077-008-039 and 077-008-040 totaling approximately 33.694 acres, to the City of Modesto Community Facilities District (CFD) No. 2004-1 (Village One #2), authorizing the levy of special taxes therein; calling a special election; and declaring the results of the June 11, 2024 election. (Funding Source: Developer Deposit) Resolution calling a special election for the Annexation of additional territory to City of Modesto Community Facilities District No. 2004-1 (Village One #2). Resolution declaring the results of the June 11, 2024 special election and ordering the Annexation of the additional territory to City of Modesto Community Facilities District No. 2004-1 (Village One #2).
CED; Edgar Garcia, 209-577-5211, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2024-224 calling a special election for the Annexation of additional territory to City of Modesto Community Facilities District No. 2004-1 (Village One #2).
ACTION: (Bavaro/Ricci; 7/0) Resolution 2024-225 declaring the results of the June 11, 2024, special election and ordering the Annexation of the additional territory to City of Modesto Community Facilities District No. 2004-1 (Village One #2). - 17 -
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MATTERS TOO LATE FOR THE AGENDA
None
ADJOURNMENT
This meeting adjourned at 7:17 P.M.
All Closed Session matters heard prior to the meeting.
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: Brittoni Estrella, et al. v. City of Modesto et al.
United States Eastern District
Case No.: 1:22-cv-00921
Attest:____________________________
Diane Nayares-Perez, City Clerk