- 1 -
7/9/2024 5:30:00 PM
MODESTO CITY COUNCIL
www.modestogov.com
MINUTES
City of Modesto
CITY COUNCIL MEETING
Chambers, Basement Level
Tenth Street Place, 1010 10th Street
Modesto, California
Tuesday, July 09, 2024 at 5:30 PM
Roll Call – Present: Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
Absent: None
Pledge of Allegiance to the Flag
Invocation: Mark Hammond, Celebration Center
City Clerk’s Announcements
Declaration of Conflicts of Interest: Item 16 – Councilmember Bavaro recused due to a conflict.
Reports from Closed Session: City Attorney Sanchez reported there was No Reportable Action on the Closed Session item.
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Proclamation declaring July as National Parks and Recreation Month. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]
ACTION: Mayor Zwahlen presented a proclamation declaring July as National Parks and Recreation Month.
- 2 -
7/9/2024 5:30:00 PM
2. Proclamation declaring July as Plastic Free July. (Funding Source: Not Applicable) CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]
ACTION: Mayor Zwahlen presented a proclamation declaring July as Plastic Free July.
3. Proclamation declaring August 4-10, 2024 as National Health Center Week. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]
ACTION: Mayor Zwahlen presented a proclamation declaring August 4-10, 2024 as National Health Center Week.
4. Proclamation declaring August 6th as National Night Out. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]
ACTION: Mayor Zwahlen presented a proclamation declaring August 6th as National Night Out.
MISCELLANEOUS
5. Consider accepting the resignation of David Seymour from the Landmark Preservation Commission (Funding Source: Not Applicable)
Staff Recommendation:
Resolution accepting the resignation of David Seymour from the City of Modesto Landmark Preservation Commission
CED; Jessica Hill, 209-577-5267, [email protected]
ACTION: (Alvarez/Wright; 7/0) Resolution 2024-247 accepting the resignation of David Seymour from the City of Modesto Landmark Preservation Commission
6. Consider appointing David Barber, Margie Johnson, and Gloria Edith Verdin to the City of Modesto Citizen’s Housing and Community Development Committee with terms expiring December 31, 2027 (Funding Source: Not Applicable) Staff Recommendation:
Resolution appointing David Barber, Margie Johnson and Gloria Edith Verdin to the City of Modesto Citizens’ Housing and Community Development Committee with terms expiring December 31, 2027.
CED; Jessica Hill, 209-577-5321, [email protected]
- 3 -
7/9/2024 5:30:00 PM
ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-248 appointing David Barber, Margie Johnson and Gloria Edith Verdin to the City of Modesto Citizens’ Housing and Community Development Committee with terms expiring December 31, 2027.
7. Consider appointing Joan Clendenin to the City of Modesto Landmark Preservation Commission with term expiring December 31, 2027 (Funding Source: Not Applicable) Staff Recommendation:
Resolution appointing Joan Clendenin to the City of Modesto Landmark Preservation Commission with a term expiring December 31, 2027 CED; Jessica Hill, 209-577-5267, [email protected]
ACTION: (Ricci/Alvarez; 7/0) Resolution 2024-249 appointing Joan Clendenin to the City of Modesto Landmark Preservation Commission with a term expiring December 31, 2027
8. Consider approving the appointments of Evan Yoshino as a Member-At-Large for a four-year term from January 1, 2024, to December 31, 2027 and Martin Montez as a Youth Member-At-Large for a one-year term from July 1, 2024 to June 30, 2025, on the City of Modesto Golf Courses Advisory Committee. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution approving the appointments of Evan Yoshino as a Member-AtLarge for a four-year term from January 1, 2024, to December 31, 2027 and Martin Montez as a Youth Member-At-Large for a one-year term from July 1, 2024 to June 30, 2025, on the City of Modesto Golf Courses Advisory Committee.
PRN; Jessica Franco, 209-577-5278, [email protected] ACTION: (Escutia-Braaton/Wright; 7/0) Resolution 2024-250 approving the appointments of Evan Yoshino as a Member-At-Large for a four-year term from January 1, 2024, to December 31, 2027 and Martin Montez as a Youth Member-AtLarge for a one-year term from July 1, 2024 to June 30, 2025, on the City of Modesto Golf Courses Advisory Committee.
PUBLIC COMMENT IN PERSON
Jerry, Betty, and Tina highlighted the upcoming one-year anniversary of lifting the cruising ban in their community. They acknowledged ongoing community efforts and thanked various individuals and groups, including the Graffiti Museum and local car clubs. They expressed confusion over their exclusion from recognition in a museum exhibit but remained appreciative and committed to supporting the community moving forward.
John Frailing addressed the Mayor and Councilmembers about a recent Supreme Court decision allowing communities to manage homelessness independently. He criticized - 4 -
7/9/2024 5:30:00 PM
Modesto's current laws for potentially burdening law enforcement and the judicial system and advocated for proactive solutions like safe sleeping areas. John urged collaboration with local leaders to revise ordinances, aiming to support homeless citizens without criminalizing them, and enhance community welfare.
Patrick Worley emphasized low police accountability and numerous complaints of misconduct and discrimination, suggesting these issues are costly for the city. Patrick also referenced a specific case of Paul Chavez's killing and his widow's subsequent death, urging action and accountability from City officials.
Teresa Clutter addressed the Council regarding her son Paul Chavez's death at the hands of police officers. She criticized the lack of accountability and justice in the case. Teresa urged the Council to take action to ensure accountability and prevent similar incidents in the future.
Diane Kroeze addressed the Mayor and City Council regarding homelessness, citing extreme weather conditions and lack of effective support. She expressed concern about current policies and the Supreme Court's impact, lamenting the disregard for those suffering both outdoors and indoors. Diane concluded by urging the Council to take meaningful action and recognize the reality of homelessness. Manuela addressed the Council, raising concerns about the Modesto Police Department's conduct and accountability. She cited the case of Paul Chavez Jr.'s death and questioned the Council's lack of action on police reform and community support. Manuela criticized spending on police vehicles instead of addressing homelessness and community needs.
She called for repurposing vacant buildings for the unhoused and improving community resources like libraries. Manuela urged the Council to prioritize community welfare and take concrete steps to address systemic issues within the Police Department. Sebastian Jones addressed the Council, expressing dissatisfaction with being removed from the Board of Building Appeals after serving for many years. Sebastian emphasized his commitment to community service and his longstanding involvement on various boards. He urged the Council to address his grievances and ensure fair treatment. Sarah Johnson addressed the Council, acknowledging the heartfelt speech of the mother who lost her son. She commented on Sebastian's concerns about being removed from a board, noting his disappointment as a member of the public. Sarah expressed hesitation about seeking a board position herself due to her observations of the Council's treatment of citizens. She urged the Council to improve their approach to governance and concluded her remarks on a hopeful note for positive change. Kim Millentree addressed the Council, advocating on behalf of her brother, Sebastian Jones. She emphasized Sebastian's dedication and described him as a hardworking individual from a strong family background. Kim, as a pastor's wife and counselor, expressed concern over the council's handling of Sebastian's dismissal and urged them to provide transparency to the community.
- 5 -
7/9/2024 5:30:00 PM
Juan Chavez addressed the City Council regarding organizing efforts at Kingspan in Modesto. He described starting to meet with SMART organizers to address unsafe working conditions, leading management to conduct anti-union meetings and offer wage increases to discourage union formation. Recently, Juan was terminated after nearly 25 years without a proper investigation, which he believes was intended to intimidate others.
He emphasized the need for a union to ensure worker rights and respect at Kingspan.
Juan thanked the Council and expressed readiness to meet further. Julian Posadas introduced himself to the City Council as an organizer with SMART, representing workers at Kingspan in Modesto. He discussed the challenges of organizing due to company retaliation and intimidation tactics. Julian highlighted unsafe working conditions and unfair labor practices, including the recent unjust termination of Juan Chavez. He emphasized workers' rights to organize under the National Labor Relations Act and requested the Council's support. Julian acknowledged supportive organizations and mentioned Assemblymember Liz Ortega's commitment to the cause. He concluded by seeking further engagement from the Council.
Will Kelly, representing the North High Labor Federation, expressed solidarity with Kingspan workers who are organizing for union representation. Will emphasized that workers have the right to organize without needing to justify their decision. He criticized Kingspan for using intimidation, misinformation, and retaliation tactics against workers, citing the unjust termination of Juan Chavez. Will underscored the importance of community leaders understanding and supporting workers' rights and encouraged City Council members to meet with the workers to discuss their concerns. Steve expressed concerns about inconsistencies in the City Council's actions, noting instances of behavior he finds inappropriate. He also expressed unease over instances of intimidation and concerns about the fairness and accountability in Council proceedings. Norma Hernandez expressed concerns about delays in addressing complaints filed against law enforcement related to an incident at Palladium Night Club. She called for justice for her son and criticized ongoing delays in resolving the situation. She requested financial support for legal representation and interpreting services. Norma emphasized the need for accountability and additional time to address her grievances. Kevin McClarty questioned the City Council's ability to respond to citizen comments under the Brown Act, seeking clarification on which specific clauses prohibit interaction.
He expressed a lack of transparency and urged for a way to provide timely responses to community concerns, suggesting that this absence contributes to public frustration. Loretta expressed support for the police in response to criticism during the meeting. She emphasized the importance of police in the community and criticized those who disparage law enforcement.
A member of the public expressed support for community members seeking justice for families affected by police actions. The speaker noted a disconnect between public - 6 -
7/9/2024 5:30:00 PM
concerns and the council's demeanor. They critiqued the city's positive portrayal of police events without addressing community criticisms publicly.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS: 1-15, 17-24 (Wright/Escutia-Braaton; 7/0)
CONSENT
Consent
9. Consider approving the minutes for the June 25, 2024 Council Meeting. (Funding Source: Not Applicable)
Motion approving the minutes for the June 25, 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 June 25, 2024 Council Meeting.
Consent
10. Consider accepting the 2024 Citywide Internal Controls Review Report. (Funding Source: Not Applicable)
Motion accepting the Internal Controls Review Report
CITY AUDITOR; Colleen Rozillis, 206-302-6795, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Motion accepting the Internal Controls Review Report
Consent
11. Consider approving the purchase of a Public Safety Computer Aided Dispatch (CAD) system and associated public safety mobile and workstation licenses from Central Square Technologies for a total amount not to exceed $2,977,904. (Funding Source:
Measure H, Grant Funding)
Resolution approving the competitive bidding process from the City of Glendale with Central Square Technologies, Lake Mary, FL for the purchase of a Public Safety Computer Aided Dispatch (CAD) system and associated components with Central Square Technologies for a total amount not to exceed $2,977,904; authorizing the City Manager or his designee to negotiate and enter into an agreement with Central Square Technologies; to carry out any necessary budget adjustments to implement the approved funding for the purchase and negotiate and enter into agreements with the County of Stanislaus, Stanislaus Regional 9-1-1 (SR911) and those agencies dispatched by SR911, allowing the agencies to use the CAD system at their cost.
CITY MANAGER; Scotty Douglass, 209-577-9149, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-251 approving the competitive bidding process from the City of Glendale with Central Square Technologies, Lake Mary, FL for the purchase of a Public Safety Computer Aided - 7 -
7/9/2024 5:30:00 PM
Dispatch (CAD) system and associated components with Central Square Technologies for a total amount not to exceed $2,977,904; authorizing the City Manager or his designee to negotiate and enter into an agreement with Central Square Technologies; to carry out any necessary budget adjustments to implement the approved funding for the purchase and negotiate and enter into agreements with the County of Stanislaus, Stanislaus Regional 9-1-1 (SR911) and those agencies dispatched by SR911, allowing the agencies to use the CAD system at their cost.
Consent
12. Consider approving the recommended Budget Adjustments to Fiscal Year 2023-24 Annual Operating and Capital Improvement Program Budgets. (Funding Source:
Various Funds)
Resolution amending Fiscal Year 2023-24 Annual Operating and Capital Improvement Project Fund Budgets and authorizing the City Manager to take the necessary steps to implement the provisions of this Resolution.
BUDGET; Steve Christensen, 209-577-5390, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-252 amending Fiscal Year 2023-24 Annual Operating and Capital Improvement Project Fund Budgets and authorizing the City Manager to take the necessary steps to implement the provisions of this Resolution.
Consent
13. Consider approving a First Amendment to the Memorandum of Understanding (MOU) with the Stanislaus Council of Governments (StanCOG) for Regional Early Action Planning Grant Program Funds. (Funding Source: Regional Early Action Planning (REAP) Grant Funds)
Resolution approving a First Amendment to the Memorandum of Understanding with the Stanislaus Council of Governments for a suballocation of Regional Early Action Planning Grant Program Funds; and authorizing the City Manager, or his designee to sign the First Amendment to the Memorandum of Understanding.
Resolution amending Fiscal Year 2024-25 Multi-Year project budget for project 100838 – Modesto General Plan Update in the amount of $219,654.13 to recognize the additional allocation under the Regional Early Action Planning (REAP) Grant, and fund certain housing-related work associated with the comprehensive General Plan update; and authorizing the City Manager, or his designee, to implement the provisions of this resolution.
CED; Sean Rando, 209-577-5473, [email protected]
ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-253 approving a First Amendment to the Memorandum of Understanding with the Stanislaus Council of Governments for a suballocation of Regional Early Action Planning Grant Program Funds; and authorizing the City Manager, or his designee to sign the First Amendment to the Memorandum of Understanding.
- 8 -
7/9/2024 5:30:00 PM
ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-254 amending Fiscal Year 2024-25 Multi-Year project budget for project 100838 – Modesto General Plan Update in the amount of $219,654.13 to recognize the additional allocation under the Regional Early Action Planning (REAP) Grant, and fund certain housing-related work associated with the comprehensive General Plan update; and authorizing the City Manager, or his designee, to implement the provisions of this resolution.
Consent
14. Consider a one-year extension of the Transient Occupancy Tax Funding Agreement and the Modesto Tourism Marketing District Owners’ Association Agreement with Visit Modesto for Tourism Marketing Services. (Funding Source: General Fund) Resolution approving a one-year extension of the Transient Occupancy Tax Funding Agreement with Visit Modesto, Inc. for Convention and Tourism Services, and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution approving a one-year extension of the Modesto Tourism Marketing District Owners’ Association Agreement with Visit Modesto, Inc. for Convention and Tourism Services, and authorizing the City Manager, or his designee, to execute the Agreement.
CED; Trevin Barber, 209-860-1251, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-255 approving a oneyear extension of the Transient Occupancy Tax Funding Agreement with Visit Modesto, Inc. for Convention and Tourism Services, and authorizing the City Manager, or his designee, to execute the Agreement.
ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-256 approving a oneyear extension of the Modesto Tourism Marketing District Owners’ Association Agreement with Visit Modesto, Inc. for Convention and Tourism Services, and authorizing the City Manager, or his designee, to execute the Agreement.
Consent
15. Consider accepting the Sutter Avenue Strengthen and Replace Water Mains Project as complete, releasing securities, releasing payments totaling $2,245,435 to West Valley Construction Company of Stockton, CA., and authorizing the City Clerk to file a Notice of Completion. (Funding Source: Water Fund)
Resolution accepting the Sutter Avenue Strengthen and Replace Water Mains Project as complete, releasing securities, releasing payments totaling $2,245,435 to West Valley Construction Company of Stockton, CA., and authorizing the City Clerk to file a Notice of Completion.
ENGINEERING SERVICES; Peter Kambel, 209-577-5444, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-257 accepting the Sutter Avenue Strengthen and Replace Water Mains Project as complete, releasing securities, releasing payments totaling $2,245,435 to West Valley Construction Company of Stockton, CA., and authorizing the City Clerk to file a Notice of Completion. - 9 -
7/9/2024 5:30:00 PM
Councilmember Bavaro recused due to conflict.
Consent
16. Consider approving Agreements with Burton Fire, Modesto, CA for the purchase of Fire Fleet Parts and Services for a total amount not to exceed $625,000 over five years. (Funding Source: General Fund and Outside Fire Contract Agencies) Resolution approving the Agreements with Burton Fire, Modesto, CA for the purchase of Fire Fleet Parts and Services for a two-year Agreement with three one-year extension options, for an annual estimated amount of $125,000 and a total amount not to exceed $625,000 over five years; and authorizing the City Manager or his designee to execute the Agreements.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] ACTION: (Wright/Ricci; 6/0; Bavaro Recused) Resolution 2024-258 approving the Agreements with Burton Fire, Modesto, CA for the purchase of Fire Fleet Parts and Services for a two-year Agreement with three one-year extension options, for an annual estimated amount of $125,000 and a total amount not to exceed $625,000 over five years; and authorizing the City Manager or his designee to execute the Agreements.
Consent
17. Consider approving the purchase of various Fleet Replacements for Public Safety Fleet Vehicles which include twenty-two Ford Interceptors and five Chevrolet Tahoes in an amount not to exceed $1,980,238. (Funding Source: Fleet Replacement Fund) Resolution approving the Competitive Bidding Process from the State of California, Department of General Services to Folsom Lake Ford, Folsom, CA for the purchase of twenty-two Ford Police Interceptors for an amount not to exceed $1,374,633; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any Change Orders not to exceed 15% of the total purchase price.
Resolution approving the Competitive Bidding Process from the State of California, Department of General Services to Winner Chevrolet, Elk Grove, CA for the purchase of five Chevrolet Tahoes for an amount not to exceed $347,311 and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any Change Orders not to exceed 15% of the total purchase price.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-259 approving the Competitive Bidding Process from the State of California, Department of General Services to Folsom Lake Ford, Folsom, CA for the purchase of twenty-two Ford Police Interceptors for an amount not to exceed $1,374,633; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any Change Orders not to exceed 15% of the total purchase price.
- 10 -
7/9/2024 5:30:00 PM
ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-260 approving the Competitive Bidding Process from the State of California, Department of General Services to Winner Chevrolet, Elk Grove, CA for the purchase of five Chevrolet Tahoes for an amount not to exceed $347,311 and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any Change Orders not to exceed 15% of the total purchase price.
Consent
18. Consider approving the Purchasing Agreements for the purchase of Equipment and Vehicle Parts and Services with Terex Services, Stockton, CA and Golden State Emergency Vehicle Services, Sacramento, CA for a total amount not to exceed $1,250,000 over five years. (Funding Source: Fleet Fund, Outside Service Agreements) Resolution approving the Purchasing Agreements for purchase of Equipment and Vehicle Parts and Services with Terex Services, Stockton, CA and Golden State Emergency Vehicle Services, Sacramento, CA for a two-year Agreement with three one-year extension options, for an annual combined estimated amount of $250,000 and a total amount not to exceed $1,250,000 over five years; and authorizing the City Manager or his designee to execute the Agreements.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-261 approving the Purchasing Agreements for purchase of Equipment and Vehicle Parts and Services with Terex Services, Stockton, CA and Golden State Emergency Vehicle Services, Sacramento, CA for a two-year Agreement with three one-year extension options, for an annual combined estimated amount of $250,000 and a total amount not to exceed $1,250,000 over five years; and authorizing the City Manager or his designee to execute the Agreements.
Consent
19. Consider approving the Purchasing Agreements for the purchase of Equipment and Vehicle Parts and Services with CenCal Auto and Truck Parts, Modesto, CA and Rush Truck Center, Ceres, CA for a total amount not to exceed $1,000,000 over five years. (Funding Source: Fleet Fund, Outside Service Agreements) Resolution approving the Purchasing Agreements utilizing the Competitive Bidding Process from Sourcewell and OMNIA Partners for the purchase of Equipment and Vehicle Parts and Services with CenCal Auto and Truck Parts, Modesto, CA and Rush Truck Center, Ceres, CA for a two-year Agreement with three one-year extension options, for an annual combined estimated amount of $200,000 and a total amount not to exceed $1,000,000 over five years; and authorizing the City Manager or his designee to execute the Agreements.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] - 11 -
7/9/2024 5:30:00 PM
ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-262 approving the Purchasing Agreements utilizing the Competitive Bidding Process from Sourcewell and OMNIA Partners for the purchase of Equipment and Vehicle Parts and Services with CenCal Auto and Truck Parts, Modesto, CA and Rush Truck Center, Ceres, CA for a two-year Agreement with three one-year extension options, for an annual combined estimated amount of $200,000 and a total amount not to exceed $1,000,000 over five years; and authorizing the City Manager or his designee to execute the Agreements.
Consent
20. Consider approving the City of Modesto Pandemic Recovery Strategy – Modesto Forward Grant Agreements with Del Rio CC Foundation (First Tee – Central Valley) and the Boys and Girls Clubs of Stanislaus County, for $250,000 each and a total amount not to exceed $500,000 in American Rescue Plan Act Funding. (Funding Source: American Rescue Plan Act Funds)
Resolution approving the City of Modesto Pandemic Recovery Strategy – Modesto Forward Grant Agreement with Del Rio CC Foundation (First Tee – Central Valley), in an amount not to exceed $250,000 in American Rescue Plan Act Funding, and authorizing the City Manager, or designee, to execute the Agreement.
Resolution approving the City of Modesto Pandemic Recovery Strategy – Modesto Forward Grant Agreement between the City of Modesto and the Boys and Girls Clubs of Stanislaus County, in an amount not to exceed $250,000 in American Rescue Plan Act Funding, and authorizing the City Manager, or designee, to execute the Agreement.
Resolution amending the Fiscal Year 2023-24 Non-Capital Project Budget to fund Project #101345 (American Rescue Plan Act Project) in an amount not to exceed $500,000 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; Diane Sheatsley, 209-577-5418, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-263 approving the City of Modesto Pandemic Recovery Strategy – Modesto Forward Grant Agreement with Del Rio CC Foundation (First Tee – Central Valley), in an amount not to exceed $250,000 in American Rescue Plan Act Funding, and authorizing the City Manager, or designee, to execute the Agreement.
ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-264 approving the City of Modesto Pandemic Recovery Strategy – Modesto Forward Grant Agreement between the City of Modesto and the Boys and Girls Clubs of Stanislaus County, in an amount not to exceed $250,000 in American Rescue Plan Act Funding, and authorizing the City Manager, or designee, to execute the Agreement.
ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-265 amending the Fiscal Year 2023-24 Non-Capital Project Budget to fund Project #101345 (American Rescue - 12 -
7/9/2024 5:30:00 PM
Plan Act Project) in an amount not to exceed $500,000 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
21. Consider approving the Culture Commission’s request to move forward in issuing its Request for Proposals calling for artists and muralists for Modesto’s 150th Anniversary Mural Project. (Funding Source: General Fund)
Resolution approving the Culture Commission’s request to move forward in issuing a Request for Proposals calling for artists and muralists for Modesto’s 150th Anniversary Mural Project.
PRN; Diane Sheatsley, 209-577-5418, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-266 approving the Culture Commission’s request to move forward in issuing a Request for Proposals calling for artists and muralists for Modesto’s 150th Anniversary Mural Project.
Consent
22. Consider approving a list of projects to be funded with Road Repair and Accountability Act tax proceeds for Fiscal Year 2024-2025. (Funding Source: Senate Bill 1 Funds) Resolution approving the list of projects to be funded with Road Repair and Accountability Act tax proceeds in Fiscal Year 2024-2025 in an amount up to $5,888,194, and authorizing the City Manager, or his designee, to approve the projects.
PUBLIC WORKS; John Sphar, 209-342-2235, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-267 approving the list of projects to be funded with Road Repair and Accountability Act tax proceeds in Fiscal Year 2024-2025 in an amount up to $5,888,194, and authorizing the City Manager, or his designee, to approve the projects.
Consent
23. Consider approving the Second Amendment with Champion Industrial Contractors Inc.
Modesto, CA for On-Call Plumbing Services increasing the Agreement amount by $120,000 for a new total amount of $552,370, within the term of the Agreement. (Funding Source: General Fund, Utility Funds, Centre Plaza, Golf Fund and Building Maintenance Fund)
Resolution approving the Second Amendment with Champion Industrial Contractors Inc. Modesto, CA for On-Call Plumbing Services and increase the Agreement amount by $120,000 within the term of the Agreement for a new total amount of $552,370, and authorizing the City Manager, or his designee, to execute the Amendment.
PUBLIC WORKS; Gabe DaSilva, 209-577-5319, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-268 approving the Second Amendment with Champion Industrial Contractors Inc. Modesto, CA for On- - 13 -
7/9/2024 5:30:00 PM
Call Plumbing Services and increase the Agreement amount by $120,000 within the term of the Agreement for a new total amount of $552,370, and authorizing the City Manager, or his designee, to execute the Amendment.
Consent
24. Consider approving an Agreement with East Bay Municipal Utility District (EBMUD), Oakland, CA for the disposal of non-hazardous brine waste for a total amount not to exceed $352,450 over three years. (Funding Source: Water Fund) Resolution approving an Agreement with East Bay Municipal Utility District (EBMUD), Oakland, CA for the disposal of non-hazardous brine waste for a total amount not to exceed $352,450 over three years; and authorizing the City Manager, or his designee, to execute the Agreement.
UTILITIES; Manuel Martinez, 209-342-4599, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-269 approving an Agreement with East Bay Municipal Utility District (EBMUD), Oakland, CA for the disposal of non-hazardous brine waste for a total amount not to exceed $352,450 over three years; and authorizing the City Manager, or his designee, to execute the Agreement.
Recessed: 7:18 p.m.
Reconvened: 7:25 p.m.
COUNCIL COMMENTS & REPORTS
Councilmember Bavaro expressed gratitude to the Mayor and explained the Council's policy of not responding to public comments directly due to advice from the City Attorney. He praised Councilmember Williams as a close friend and defended his integrity against recent criticisms.
Bavaro also voiced strong support for the Modesto Police Department, citing their national and state recognition under Chief Gillespie's leadership. He highlighted their achievements, including pioneering a Police Review Board and certification for autistic individuals, and emphasized the department's professionalism and commitment to community safety. He addressed concerns raised by community members about communication among the Council and Mayor. He noted that several Councilmembers are active on Facebook, sharing their views on improving Modesto.
He praised the new community Public Relations Director, Sonya, for significantly enhancing communication within the community. He mentioned his own method of communication through neighborhood meetings in his district.
Councilmember Escutia-Braaton commended Councilmember Bavaro's remarks and expressed agreement with them. She reflected on the recent Fourth of July celebrations, noting the community's enthusiastic participation in events like the parade. She thanked Councilmember Williams for his leadership in organizing various community activities, including the Fourth of July Parade and the Stanislaus County Fair. She highlighted innovative celebrations like drone shows and emphasized the positive environmental impact of using drones instead of traditional fireworks, noting the reduction in air pollution and waste. She expressed gratitude for - 14 -
7/9/2024 5:30:00 PM
participating in these events and celebrated their success in promoting community engagement while preserving air quality and resources in the Central Valley.
Councilmember Ricci echoed Councilmember Bavaro's support and addressed perceived misconceptions about the Modesto Police Department and City Council. He highlighted significant reforms over the past four years, including the establishment of a Civilian Police Review Board, an independent Police Auditor, and successful community programs like the CHAT team. He emphasized the City's commitment to continuous improvement and acknowledged achievements such as the Park Rangers' Community Connection program and autism certification efforts. He expressed excitement for the upcoming National Night Out and congratulated the Modesto Police Department on recent successes. He also underscored the importance of tourism for Modesto's economy, citing cultural attractions and positive media coverage.
Councilmember Wright began by thanking students from his district for attending the City Council meeting. He expressed concern over the majority of public comment participants leaving before hearing Council responses. He praised Councilmembers Ricci and Bavaro for their comments and supported their views. He discussed the new Go Modesto app, highlighting its utility in addressing constituent concerns. He commented on the Fourth of July festivities, appreciating the presence of Modesto Air1 monitoring fireworks. He also enjoyed the Fourth of July Parade and noted the community's enthusiastic participation despite the heat.
Councilmember Williams expressed gratitude to his colleagues, especially Councilmember Bavaro, highlighting their friendship and camaraderie within the Council. He discussed the successful Fourth of July Parade, noting its early start to ensure safety and a cooler environment for attendees. He emphasized the recognition of community contributors such as the Modesto Garden Club and hometown hero Jeffrey and Margaret Reed, underscoring their impact on Modesto. He praised Darren Morris for his dedication to local youth through music initiatives and acknowledged the community support during the Stanislaus County Fair, despite record heat.
He commended the Modesto Police Department's presence and performance, anticipating their success in upcoming events. He encouraged attendance at the fair's discounted times and emphasized the Council's commitment to listening to and caring for every resident, despite legal constraints on some topics. He affirmed his and the Council's dedication to the well-being of Modesto's citizens.
Vice Mayor Alvarez expressed gratitude to the Modesto Police Department, led by Chief Brandon Gillespie, for their efforts in enhancing safety in the city. He cited statistics from 2023 showing significant reductions in homicides, auto theft, property crime, and violent crime, highlighting the department's effective strategies. He also praised the Fourth of July drone show organized by SMBU and El Rematito, noting the vibrant community turnout and diverse cultural atmosphere. He addressed public comments regarding committee application processes. He clarified the Council's policy on responding to public comments during appropriate times. He reaffirmed the Council's commitment to governance and its limitations regarding ongoing legal matters.
- 15 -
7/9/2024 5:30:00 PM
Mayor Zwahlen expressed pride in serving as Mayor of the city where she was born, raised her children, and now has grandchildren. She emphasized her dedication to meeting with residents personally to discuss any topic of concern. She noted significant events such as MoBand's George Gardner retiring after 60 years, and the successful Fourth of July Parade which drew enthusiastic crowds. She also mentioned the importance of transparency through initiatives like the Audit Committee, which reviews detailed information crucial for city improvements. She thanked the attendees, particularly the youth, for their support and reaffirmed her commitment to serving the community with honor.
CITY MANAGER COMMENTS & REPORTS
City Manager Lopez briefly thanked a member of City staff for handling a challenging situation with grace and professionalism.
HEARINGS
Published in the Modesto Bee on June 17, 2024 & June 24, 2024.
25. Hearing to consider approving the adoption of the Revised 2022 Modesto Sub-basin Groundwater Sustainability Plan and authorize the Stanislaus and Tuolumne Rivers Groundwater Basin Association Groundwater Sustainability Agency to submit the Revised 2022 Modesto Sub-basin Groundwater Sustainability Plan to the California Department of Water Resources. (Funding Source: Water Fund) Resolution adopting a revised Groundwater Sustainability Plan and documenting the commitment to develop and implement a Well Mitigation Program and Management Actions in the Modesto Groundwater Subbasin.
UTILITIES; Timothy Barahona, 209-577-5485, [email protected] ACTION: (Escutia-Braaton/Williams; 7/0) Resolution 2024-270 adopting a revised Groundwater Sustainability Plan and documenting the commitment to develop and implement a Well Mitigation Program and Management Actions in the Modesto Groundwater Subbasin.
MATTERS TOO LATE FOR THE AGENDA
None.
ADJOURNMENT
This meeting adjourned at 8:02 p.m.
- 16 -
7/9/2024 5:30:00 PM
CLOSED SESSION
All Closed Session matters heard prior to the meeting.
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: Magda Abraham v. City of Modesto, et al.
Superior Court of California, County of Stanislaus
Case No.: CV-18-003342
Attest:____________________________
Diane Nayares-Perez, City Clerk