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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, August 13, 2024 at 5:30 PM
Roll Call - Councilmembers Present: Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
Absent: None
Pledge of Allegiance to the Flag
Invocation: Pat Nagle, Redeemer
City Clerk’s Announcements
Declaration of Conflicts of Interest: Item 12 – Vice-Mayor Alvarez recused due to possible conflict.
Reports from Closed Session: City Attorney Sanchez reported there was No Reportable Action on the Anticipated Litigation Closed Session items. Mayor Zwahlen reported that during the Closed Session of the City Council, a performance evaluation of the City Manager was conducted in accordance with Section 725 of the City Charter. The review focused on the City Manager's core competencies, job duties, past achievements during this rating period, and his goals for this upcoming year. Following this evaluation, the City Council unanimously determined that the City Manager is performing an excellent job.
MISCELLANEOUS
1. Consider accepting the resignation of Michelle Buer from the Landmark Preservation Commission. (Funding Source: Not Applicable)
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Staff Recommendation:
Resolution accepting the resignation of Michelle Buer from the City of Modesto Landmark Preservation Commission.
CED; Jessica Hill, 209-577-5267, [email protected]
ACTION: (Wright/Ricci; 7/0) Resolution 2024-271 accepting the resignation of Michelle Buer from the City of Modesto Landmark Preservation Commission.
2. Consider appointing Angela Drew as the Poet Laureate of the City of Modesto for a two-year term retroactive to July 1, 2024 through June 30, 2026. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution appointing Angela Drew as the Poet Laureate of the City of Modesto for a two-year term retroactive to July 1, 2024 through June 30, 2026.
PRN; Diane Sheatsley, 209-577-5418, [email protected] ACTION: (Escutia-Braaton/Williams; 7/0) Resolution 2024-272 appointing Angela Drew as the Poet Laureate of the City of Modesto for a two-year term retroactive to July 1, 2024 through June 30, 2026.
PUBLIC COMMENT IN PERSON
Danielle Morgart provided a legislative update on behalf of Assemblyman Juan Alanis, highlighting the recent signing of AB 1796 into law. This new law requires notifications to parents about advanced course opportunities for high school students. Additionally, AB 1972, aimed at supporting law enforcement in combating cargo theft, is awaiting the Governor's signature. Morgan invited the Council to contact their office with any questions or concerns.
Ronald DeLoach, a member of various local organizations, addressed the City Council regarding the future use of 50 acres in West Modesto. He expressed concern over the lack of development in their area compared to other parts of the City, such as new neighborhoods and luxury apartments. DeLoach emphasized the need for better planning and more workforce housing in West Modesto, urging the Council to reach a resolution to address overcrowding and improve living conditions.
Sebastian Jones played a recording of previous Council Comments, addressing alleged allegations of disrespect and unfair treatment directed at him. He expressed frustration over not receiving support on community issues and emphasized his commitment to serving seniors, the homeless, and youth. He called for unity and understanding, referencing his ongoing efforts and personal integrity. Manuela addressed the City Council by reading the names of individuals killed by the Modesto Police Department and urged for immediate changes. She presented several demands: increasing funding for public education and social programs instead of police; implementing non-binding arbitration; demilitarizing the police; redirecting police - 3 -
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resources to appropriate health workers; and centering the Police Review Board around community voices. Manuela emphasized the need for the Council to listen to victims' families and take meaningful action to address these concerns. Honey G shared a personal connection with Sonya Massey, who was fatally shot by police, drawing parallels between their lives and highlighting racial disparities in police violence. She criticized Officer Sean Greyson and Joseph Lamantia, who has a history of deadly encounters and is seeking reinstatement. Honey G urged the City Council to reject Lamantia’s return and to take action to prevent further police violence. She concluded with a call for a moment of silence for victims of police shootings. Karla stated that City Council and Police are neglecting the needs of communities of color, especially in West Side Modesto. She stated that instead of funding community programs, the Council prioritizes policing, which worsens issues. Karla advocated for investment in community development.
Steve stated that the City Council is complicit in police misconduct and protects officers through a flawed arbitration process. He criticized the system for allowing police officers to be judged by biased experts and arbitrators, resulting in unjust outcomes. Steve claimed the Council disrespects the community and fails to address police misconduct. Giancarlo, a member of the Central Valley Black Indigenous People of Color Coalition, spokes against "police terror," arguing that police are tasked with addressing social, economic, and political issues they are not equipped to handle. He spoke against the criminalization of disadvantaged people, particularly the homeless, which worsens social issues and leads to mass incarceration. He advocated for funding community support, such as stable housing, rather than relying on ineffective policing strategies. He asked the Council to work with the coalition to address these issues and keep communities safe. Anthony criticized the City Council for approving the MPD’s military equipment use policy and spending on polygraph exams, arguing that these expenditures are wasteful and ineffective. He highlighted that militarization does not reduce crime and intimidates communities, while polygraphs are widely discredited in psychology. Anthony urged the Council to redirect funds towards addressing social issues like housing and mental health, arguing that these would be more beneficial and cost-effective. Nic, a lifelong Modesto resident, criticized the City Council's focus on increasing police and military budgets, arguing that it only addresses the symptoms of deeper issues like poverty and inadequate education. He shared personal experiences from his family's struggles in healthcare and education, highlighting how underfunded schools and socioeconomic challenges harm the community. Nick stated that instead of spending on policing, funds should be redirected to address the root causes of social problems, such as poverty, to create a more equitable community.
Kevin McClarty suggested changes to the City Council meeting format to better serve the public. He requested more printed agendas, especially after a long break between - 4 -
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meetings, and proposed starting meetings with public comments. He believes Council Members should respond to public comments immediately afterward, so attendees can hear their reactions. He recommended moving award ceremonies and voting on consent items to later in the meeting to make the process more accessible and respectful to the public.
Darlene Ruiz expressed deep frustration and grief over the deaths of several individuals, including her son Trevor Seever, who were killed by Officer Joseph Lamantia. She condemned the City's inaction, especially as Lamantia seeks reinstatement and financial compensation after being fired and initially charged. Darlene urged the City Council to take a stand, prevent Lamantia's return to the force, and push for meaningful police reform to prevent future tragedies. She emphasized that her family's suffering will never end, but change is necessary to make the community safer. Ray Ruiz, the stepfather of Trevor Seever, expressed frustration with the lack of action by the Modesto City Council and the City in holding Officer Joseph Lamantia accountable for Trevor's death. He believes Community Police Review Board is ineffective and stated that the City's efforts to address the situation inadequate. He urged the Council to take meaningful action and opposes any possibility of Lamantia receiving money for killing Trevor and others.
Charles Moses Elder addressed the Council, referencing a biblical verse to those in politics who create division. He emphasized the need for Council Members to focus on their jobs without letting personal issues interfere. He encouraged them to leave personal matters outside and handle their responsibilities professionally, urging them to settle their differences for the sake of the community.
Ramon Rodriguez criticized the City Council for ignoring community concerns and failing to learn from the George Floyd tragedy. He denounced the continued militarization of the police, particularly the actions of Officer Joseph Lamantia. He argued that Lamantia should not be in law enforcement due to his violent history and that the Council's inaction will lead to more tragedies, loss of community trust, and wasted resources that could have been better spent on underprivileged areas. Diane Kroeze, a Modesto resident, expressed concern over the potential rehiring of a problematic police officer, which she finds troubling. However, her main focus is on the plight of the homeless in the community. She criticized the criminalization of homelessness and the lack of adequate support, such as proper housing and care. She urged the City to view homeless individuals as human beings with unique needs, rather than as problems to be boxed into one-size-fits-all solutions. She called for more compassionate and thoughtful approaches to address homelessness. Jerry Thompson spoke about a collaborative project being developed between Modesto Junior College, Modesto High School, Council Members, Modesto Police, and the Lowrider community. The project involves Modesto High students working on a lowrider car, with materials donated by the lowrider community. The goal is to inspire students, - 5 -
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especially those from disadvantaged backgrounds, to learn skills that could lead to careers in the automotive industry. The project aims to start in spring or fall of next year, take about a year to complete, and be showcased at various school events.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS: 3-11, 13-18 (Wright/Escutia-Braaton; 7/0)
CONSENT
Consent
3. Consider approving the minutes for the July 9, 2024 Council Meeting. (Funding Source: Not Applicable)
Motion approving the minutes for the July 9, 2024 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Motion approving the minutes for the July 9, 2024 Council Meeting.
Consent
4. Consider approving the updated City Council District Map to include annexed territory known as Fairview Village No. 2 to District 2 pursuant to California Election Code Section 21625(a). (Funding Source: Not Applicable)
Resolution approving the updated City Council District Map to include annexed territory known as Fairview Village No. 2 to District 2 pursuant to California Election Code Section 21625(a).
CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-273 approving the updated City Council District Map to include annexed territory known as Fairview Village No. 2 to District 2 pursuant to California Election Code Section 21625(a).
Consent
5. Consider accepting the City of Modesto’s Permanent Local Housing Allocation (PLHA) Program Year Four allocation. (Funding Source: Permanent Local Housing Allocation Funds)
Resolution accepting the City of Modesto’s Permanent Local Housing Allocation (PLHA) Program Year Four Award, authorizing the City Manager, or his designee, to execute any program Agreements required for implementation and acceptance of the Permanent Local Housing Allocation (PLHA) Program.
Resolution amending the Fiscal Year 2024-2025 Multi-Year Fund Budget to a project for the Fiscal Year 2024-2025 PLHA Program to be funded with the Permanent Local Housing Allocation Program Grant.
CED; Edgar Garcia, 209-577-5211, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-274 accepting the City of - 6 -
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Modesto’s Permanent Local Housing Allocation (PLHA) Program Year Four Award, authorizing the City Manager, or his designee, to execute any program Agreements required for implementation and acceptance of the Permanent Local Housing Allocation (PLHA) Program.
ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-275 amending the Fiscal Year 2024-2025 Multi-Year Fund Budget to a project for the Fiscal Year 2024-2025 PLHA Program to be funded with the Permanent Local Housing Allocation Program Grant.
Consent
6. Consider amending the Section 6 Policy (Housing Rehabilitation Program) of the Housing and Urban Development (HUD) Policies & Procedures Manual. (Funding Source: HUD Funding)
Resolution amending Section 6 (Housing Rehabilitation Program) of the Housing and Urban Development Policies & Procedures Manual.
CED; Edgar Garcia, 209-577-5211, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-276 amending Section 6 (Housing Rehabilitation Program) of the Housing and Urban Development Policies & Procedures Manual.
Consent
7. Consider approving a Modesto Forward Grant Agreement with Community Housing and Shelter Services to administer a Homeless Prevention and Rapid Rehousing Program in the amount not to exceed $525,000 to support households experiencing homelessness or at imminent risk of experiencing homelessness in the City of Modesto. (Funding Source: American Rescue Plan Act Funding)
Resolution approving a Modesto Forward Grant Agreement with Community Housing and Shelter Services to administer a Homeless Prevention and Rapid Rehousing Program in the amount not to exceed $525,000 to support households experiencing homelessness or at imminent risk of experiencing homelessness in the City of Modesto and authorizing the City Manager, or his designee, to execute the Agreement.
CED; Edgar Garcia, 209-577-5211, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-277 approving a Modesto Forward Grant Agreement with Community Housing and Shelter Services to administer a Homeless Prevention and Rapid Rehousing Program in the amount not to exceed $525,000 to support households experiencing homelessness or at imminent risk of experiencing homelessness in the City of Modesto and authorizing the City Manager, or his designee, to execute the Agreement.
Consent
8. Consider approving amendments to the Capital Facilities Fees Policies and Procedures. - 7 -
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(Funding Source: Capital Facilities Fees)
Resolution approving the amendments to the Capital Facilities Fees Policies and Procedures.
CED; Edgar Garcia, 209-577-5211, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-278 approving the amendments to the Capital Facilities Fees Policies and Procedures.
Consent
9. Consider a Resolution of Intention to form City of Modesto Community Facilities District (CFD) No. 2024-1 (Tivoli), an area bounded by Claratina Avenue to the north, Oakdale Road to the west, Sylvan Avenue to the south, and Roselle Avenue, and a Resolution of Intention to incur debt for CFD No. 2024-1. (Funding Source: Developer Deposit)
Resolution of Intention to form City of Modesto Community Facilities District (CFD) No. 2024-1 (Tivoli) to establish Improvement Area No. 1, designate a future annexation area and Authorize the Levy of a Special Tax within said Community Facilities District.
Resolution of Intention of the City of Modesto to incur bonded indebtedness in the amount not to exceed $120,000,000 within the proposed City of Modesto Community Facilities District No. 2024-1 (Tivoli).
CED; Edgar Garcia, 209-577-5211, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution of Intention 2024-279 to form City of Modesto Community Facilities District (CFD) No. 2024-1 (Tivoli) to establish Improvement Area No. 1, designate a future annexation area and Authorize the Levy of a Special Tax within said Community Facilities District.
ACTION: (Wright/Escutia-Braaton; 7/0) Resolution of Intention 2024-280 of the City of Modesto to incur bonded indebtedness in the amount not to exceed $120,000,000 within the proposed City of Modesto Community Facilities District No. 2024-1 (Tivoli).
Consent
10. Consider approving an Agreement with LeSar Development Consultants to assist in the development of the 2025-2030 Consolidated Plan, including the Year One Annual Action Plan and the Affirmatively Furthering Fair Housing Plan, for a total amount not to exceed $200,000. (Funding Source: Community Development Block Grant and HOME Investment Partnership Funds)
Resolution approving an Agreement with LeSar Development Consultants to assist in the development of the 2025-2030 Consolidated Plan, including the Year One Annual Action Plan and Affirmatively Furthering Fair Housing Plan, for a total amount not to exceed $200,000 and authorizing the City Manager, or his designee, to execute the Agreement.
CED; Edgar Garcia, 209-577-5211, [email protected] - 8 -
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ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-281 approving an Agreement with LeSar Development Consultants to assist in the development of the 2025-2030 Consolidated Plan, including the Year One Annual Action Plan and Affirmatively Furthering Fair Housing Plan, for a total amount not to exceed $200,000 and authorizing the City Manager, or his designee, to execute the Agreement.
Consent
11. Consider approving Agreements for Plan Review and Inspection Services with Wildan Engineering, Elk Grove, CA, and BPR Consulting Group, Madera, CA for a total combined amount not to exceed $2,500,000 over five years. (Funding Source: Building Permit Fees/Measure H)
Resolution approving the Award of Proposal and Agreements for Plan Review and Inspection Services to Wildan Engineering, Elk Grove, CA and BPR Consulting Group, Madera, CA, for a two-year Agreement with three one-year extension options, for an annual estimated amount of $500,000 and a total not to exceed $2,500,000 over five years; authorizing the Director of Finance to adjust agreement totals between consultant’s based on 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.
CED; Oscar Diaz, 209-571-5885, [email protected]
ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-282 approving the Award of Proposal and Agreements for Plan Review and Inspection Services to Wildan Engineering, Elk Grove, CA and BPR Consulting Group, Madera, CA, for a two-year Agreement with three one-year extension options, for an annual estimated amount of $500,000 and a total not to exceed $2,500,000 over five years; authorizing the Director of Finance to adjust agreement totals between consultant’s based on 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.
Removed from Consent
Consent
12. Consider approving a Change in Ownership request for Retail Cannabis Dispensary CR and D Inc. (Funding Source: Cannabis Annual Permit Fee) Resolution approving the Change in Ownership request for Retail Dispensary CR and D Inc. resulting in Carolina Fernandez acquiring eighty percent (80%) of CR and D Inc.
CED; Sean Rando, 209-577-5473, [email protected]
ACTION: (Ricci/Bavaro; 6/0: Alvarez Recused) Resolution 2024-283 approving the Change in Ownership request for Retail Dispensary CR and D Inc. resulting in Carolina Fernandez acquiring eighty percent (80%) of CR and D Inc.
Consent
13. Consider accepting the Monthly Investment Report for May 2024. (Funding Source:
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Various Funds)
Motion accepting the Monthly Investment Report for May 2024.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
ACTION: (Wright/Escutia-Braaton; 7/0) Motion accepting the Monthly Investment Report for May 2024.
Consent
14. Consider accepting an informational report for the June 2024 Accounts Payable Payment Register and Void Report. (Funding Source: Not Applicable) Motion accepting an informational report for the June 2024 Accounts Payable Payment Register and Void Report.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Wright/Escutia-Braaton; 7/0) Motion accepting an informational report for the June 2024 Accounts Payable Payment Register and Void Report.
Consent
15. Consider approving an Agreement with Golden State Fire Apparatus for the purchase of one BME 4x4 Freightliner Wildland Pumper for a total amount not to exceed $530,831. (Funding Source: General Fund, Measure H Funds) Resolution approving an Agreement with Golden State Fire Apparatus for the purchase of one BME 4x4 Freightliner Wildland Pumper for a total amount not to exceed $530,831 and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution amending the Fiscal Year 2024-25 Annual Operating Budget to appropriate $530,831 in the MFD – Measure H – Facilities & Fleet Cost Center (18611) in General Fund – Measure H Fund (0160) for one BME 4X4 Freightliner Wildland Pumper and authorizing the City Manager to take the necessary steps to implement the required Budget Adjustments.
FIRE DEPARTMENT; Jerardo Avila, 209-572-9590, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-284 approving an Agreement with Golden State Fire Apparatus for the purchase of one BME 4x4 Freightliner Wildland Pumper for a total amount not to exceed $530,831 and authorizing the City Manager, or his designee, to execute the Agreement.
ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-285 amending the Fiscal Year 2024-25 Annual Operating Budget to appropriate $530,831 in the MFD – Measure H – Facilities & Fleet Cost Center (18611) in General Fund – Measure H Fund (0160) for one BME 4X4 Freightliner Wildland Pumper and authorizing the City Manager to take the necessary steps to implement the required Budget Adjustments.
Consent
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16. Consider approving a First Amendment to the Legal Services Agreement with Oppenheimer Investigations Group LLP, Oakland, CA to conduct Citywide Administrative Investigations increasing the Agreement amount by $40,000 to a new total amount not to exceed $140,000. (Funding Source: Various Funds) Resolution approving the First Amendment to the Agreement with Oppenheimer Investigations Group LLP, Oakland, CA to complete ongoing important specific matters, increasing the Agreement amount by $40,000 to a new total amount not to exceed $140,000 and authorizing the City Manager, or his designee to execute the Amendment.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-286 approving the First Amendment to the Agreement with Oppenheimer Investigations Group LLP, Oakland, CA to complete ongoing important specific matters, increasing the Agreement amount by $40,000 to a new total amount not to exceed $140,000 and authorizing the City Manager, or his designee to execute the Amendment.
Consent
17. Consider approving the Legal Services Agreements with Renne Public Law Group, San Francisco, CA; Oppenheimer Investigations Group LLP, Oakland, CA; and Liebert Cassidy Whitmore, Fresno, CA and Consultant Services Agreements with Municipal Resource Group, LLC, Wilton, CA and DigiStream, Sacramento, CA to conduct Citywide Administrative Investigations on an as needed basis, in an amount not to exceed $100,000 each for two years. (Funding Source: Various Funds) Resolution approving the Legal Services Agreements with Renne Public Law Group, San Francisco, CA; Oppenheimer Investigations Group LLP, Oakland, CA; and Liebert Cassidy Whitmore, Fresno, CA and Consultant Services Agreements with Municipal Resource Group, LLC, Wilton, CA and DigiStream, Sacramento, CA to conduct Citywide Administrative Investigations on an as needed basis, in an amount not to exceed $100,000 each for two years and authorizing the City Manager or his designee to execute the Agreements.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-287 approving the Legal Services Agreements with Renne Public Law Group, San Francisco, CA; Oppenheimer Investigations Group LLP, Oakland, CA; and Liebert Cassidy Whitmore, Fresno, CA and Consultant Services Agreements with Municipal Resource Group, LLC, Wilton, CA and DigiStream, Sacramento, CA to conduct Citywide Administrative Investigations on an as needed basis, in an amount not to exceed $100,000 each for two years and authorizing the City Manager or his designee to execute the Agreements.
Consent
18. Consider approving the price increase of Purchase Order 216609 for Tracy Ford, - 11 -
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Tracy, CA by $96,302 for six Ford Interceptor Patrol Sport Utility Vehicles for a revised total amount not to exceed $337,727. (Funding Source: Fleet Replacement Fund)
Resolution approving the increase of Purchase Order 216609 with Tracy Ford, Tracy, CA for six Ford Interceptor Patrol Sport Utility Vehicles by $96,302 from $241,425 for a revised total amount not to exceed $337,727, and authorizing the Purchasing Manager, or her designee, to execute the Purchase Order price increase.
PUBLIC WORKS; Patrick Crowley, 209-342-2274, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-288 approving the increase of Purchase Order 216609 with Tracy Ford, Tracy, CA for six Ford Interceptor Patrol Sport Utility Vehicles by $96,302 from $241,425 for a revised total amount not to exceed $337,727, and authorizing the Purchasing Manager, or her designee, to execute the Purchase Order price increase.
Removed from Consent
Consent
19. Consider approving the First Amendment with HF&H Consultants, LLC., Walnut Creek, CA, for the Solid Waste Haulers Audit and Performance Review increasing the Agreement amount by $99,855, to a revised total amount not to exceed $249,855 over the term of the original agreement. (Funding Source: Solid Waste Fund) Resolution approving the First Amendment for Consultant Services with HF&H Consultants, LLC., Walnut Creek, CA for the Solid Waste Haulers Audit and Performance Review increasing the Agreement amount by $99,855 to a new total amount not to exceed $249,855 over the term of the original agreement; and authorizing the City Manager, or his designee to execute the Amendment.
PUBLIC WORKS; Rosene Nguyen, 209-577-5453, [email protected] ACTION: (Williams/Ricci; 7/0) Resolution 2024-289 approving the First Amendment for Consultant Services with HF&H Consultants, LLC., Walnut Creek, CA for the Solid Waste Haulers Audit and Performance Review increasing the Agreement amount by $99,855 to a new total amount not to exceed $249,855 over the term of the original agreement; and authorizing the City Manager, or his designee to execute the Amendment.
COUNCIL COMMENTS & REPORTS
Councilmember Bavaro shared the story of Detective Michael Rokaitis, known as Mikey, from the Modesto Police Department. Three years ago, Mikey was critically injured during a police operation when he was shot twice while confronting a barricaded suspect. He endured severe injuries, including the amputation of his right leg, and a long recovery process involving multiple surgeries and rehabilitation. Despite the challenges, Mikey returned to work in November 2022 and is now serving in a modified role with the Modesto Police Department. He expressed deep gratitude for the support he received from City officials and his department throughout his recovery.
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Councilmember Ricci expressed appreciation for the efforts of the Modesto Police Department in improving safety at Enslen Park, encouraging them to continue their work. He highlighted the success of the Stanislaus Regional Transit Board, noting a significant increase in ridership, almost doubling since 2021. Ricci also thanked the Parks Department for their efforts, mentioning new developments like a cricket pitch at Mary Grogan Soccer Park, a beach volleyball court at East La Loma Park, and a successful Drive-In movie event. He concluded by acknowledging the Modesto Police and Fire Departments for their work over the 4th of July weekend, issuing fines for illegal fireworks.
Councilmember Escutia-Braaton thanked the community and Police for their successful participation in National Night Out 2024, highlighting the positive interactions between law enforcement and residents. She also mentioned Modesto's response to a large fire near Chico, where local police and firefighters were deployed to assist, with costs reimbursed by the state.
Additionally, she shared her experience at the Del Rio premiere car show, where she awarded the best lowrider. Lastly, she praised a 4th of July event in West Sacramento that featured an ecofriendly drone light show instead of fireworks, promoting better air quality.
Councilmember Williams highlighted recent improvements in Modesto, including new roundabouts near Modesto High School and on Chicago Avenue, which have enhanced traffic flow and student safety. He also congratulated Angela Drew on becoming Modesto's first African American poet laureate. Williams praised the success of National Night Out, though he could only attend six of the 15 stops in his district and emphasized the importance of community engagement. Finally, he thanked City government for securing vehicle upgrades at a minimal cost, benefiting the City’s fleet.
Mayor Zwahlen reported on various activities and initiatives aimed at improving community relations. Key events included a "Day on the Bench" at the courthouse, a meet-and-greet with District Attorney interns, and a discussion with Valerie Brown, daughter of Ralph Brown, the author of the Brown Act. The Mayor also attended the inauguration of a new supportive housing project at Freewill Baptist Church, participated in a Sutter Health clinic groundbreaking, and toured local programs for the developmentally disabled. Additionally, the Mayor engaged with new City employees, attended a real estate summit, a Modesto City Schools construction tour, a police academy graduation, and the monthly Clergy Council meeting, which focuses on policecommunity relations.
Vice Mayor Alvarez addressed several key issues during a recent meeting, including housing, the Southwest Modesto Plan, parks, and public safety. He highlighted the City's rental housing safety program, launched last year with over $400,000 in funding, which aims to improve rental housing quality and combat slumlords. Vice Mayor Alvarez also mentioned a $33 million state investment for a new apartment complex in downtown Modesto, which will include transportation improvements and education facilities. He discussed the ongoing development of the Southwest Modesto Plan, emphasizing community engagement in shaping the future of the West Side. He also noted the upcoming modernization of Cesar Chavez Park and Martin Luther King Park, each with $8.5 million in state funding. Lastly, he praised the Modesto Police Department for significant crime reductions in 2023, citing decreases in homicides, auto thefts, - 13 -
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property crimes, and violent crimes. Furthermore, Vice Mayor Alvarez expressed his commitment to continuing efforts to improve District 2 despite challenges.
CITY MANAGER COMMENTS & REPORTS
None.
HEARINGS
Published in the Modesto Bee on July 24, 2024
20. Hearing to consider an Ordinance amending Planned Development Zone P-D(470) to change the allowable uses to allow certain Highway Commercial (C-3) uses for property located at 1101 N Carpenter Road, (APN 081-052-045) (Funding Source:
Developer Funded)
Motion introducing and waiving the first reading of an Ordinance amending Planned Development Zone P-D(470) to change the allowable uses to allow certain Highway Commercial (C-3) uses for property located at 1101 N Carpenter Road. (APN 081-052-045).
CED; Michael Hren, 209-577-5273, [email protected]
ACTION: (Williams/Escutia-Braaton; 7/0) Motion introducing and waiving the first reading of an Ordinance 3783-C.S. amending Planned Development Zone P-D(470) to change the allowable uses to allow certain Highway Commercial (C-3) uses for property located at 1101 N Carpenter Road. (APN 081-052-045).
Published in the Modesto Bee on August 2, 2024.
21. Hearing to consider the Annual Adjustment to the Maximum Rate Schedule for City Solid Waste Collection Services provided by the Solid Waste Haulers, to become effective September 1, 2024; approving a Fuel Rate Adjustment to the Maximum Rate Schedule for City Solid Waste Collection Services provided by the haulers to become effective September 1, 2024; approving the update to the Schedule of Cash Security Deposits and Fees for Self-Haul Residents and Businesses; and approving the final report and recommendations of HF&H Consultants, LLC. regarding City of Modesto 2023 Solid Waste Financial Review and Rate Analysis. (Funding Source: General Fund, Solid Waste Fund, Geer Road Landfill Fund, Carpenter Road Landfill Fund, Green Waste Fund, Compost Facility Improvements Fund, Streets Fund) Resolution approving the Annual Rate Adjustment to the Maximum Rate Schedule for City Solid Waste Collection Services provided by the Solid Waste Haulers, for a decrease of $1.08 per month for residential services, an increase of $6.61 per cubic yard for commercial services, and an increase of $24.87 per pull for industrial services, to become effective September 1, 2024 and rescinding Resolution No. 2023-312 for the August 1, 2023 annual rate adjustment.
Resolution approving a Fuel Rate Adjustment to the Maximum Rate Schedule for City Solid Waste Collection Services provided by the haulers, for a reduction of $0.11 per month for residential services, and a reduction of $0.13 - 14 -
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per cubic yard for commercial services, to become effective September 1, 2024. Resolution approving the update to the Schedule of Cash Security Deposits and Fees for Self-Haul Residents and Businesses in accordance with Assembly Bill 939, and rescinding Resolution No. 2022-471.
Resolution approving the final report and recommendations of HF&H Consultants, LLC., Walnut Creek, CA regarding City of Modesto 2023 Solid Waste Financial Review and Rate Analysis, which provide staff next steps for rate methodology development and haulers’ franchise agreement review.
PUBLIC WORKS; Myriah Hill, 209-577-5495, [email protected] ACTION: (Williams/Wright; 7/0) Resolution 2024-290 approving the Annual Rate Adjustment to the Maximum Rate Schedule for City Solid Waste Collection Services provided by the Solid Waste Haulers, for a decrease of $1.08 per month for residential services, an increase of $6.61 per cubic yard for commercial services, and an increase of $24.87 per pull for industrial services, to become effective September 1, 2024 and rescinding Resolution No. 2023-312 for the August 1, 2023 annual rate adjustment.
ACTION: (Alvarez/Wright; 7/0) Resolution 2024-291 approving a Fuel Rate Adjustment to the Maximum Rate Schedule for City Solid Waste Collection Services provided by the haulers, for a reduction of $0.11 per month for residential services, and a reduction of $0.13 per cubic yard for commercial services, to become effective September 1, 2024.
ACTION: (Williams/Wright; 7/0) Resolution 2024-292 approving the update to the Schedule of Cash Security Deposits and Fees for Self-Haul Residents and Businesses in accordance with Assembly Bill 939, and rescinding Resolution No. 2022-471.
ACTION: (Bavaro/Wright; 7/0) Resolution 2024-293 approving the final report and recommendations of HF&H Consultants, LLC., Walnut Creek, CA regarding City of Modesto 2023 Solid Waste Financial Review and Rate Analysis, which provide staff next steps for rate methodology development and haulers’ franchise agreement review.
NEW BUSINESS
22. Consider Reviewing, Providing Comment and Accepting the Proposed FY24-25 Internal Audit Work Plan. (Funding Source: Not Applicable) Motion accepting the FY24-25 Internal Audit Work Plan.
CITY AUDITOR; Colleen Rozillis, 206-302-6795, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Motion accepting the FY24-25 Internal Audit Work Plan.
23. Consider approving an Agreement for Concrete Services with United Pavement Maintenance, Hughson, CA and Westside Landscape & Concrete, Newman, CA for a total amount not to exceed $17,250,000 for five years. (Funding Source: Measure H, - 15 -
8/13/2024 5:30:00 PM
Water Fund and General Fund)
Resolution approving the Award of Bid and Agreements for Concrete Services to United Pavement Maintenance, Hughson, CA. and Westside Landscape & Concrete, Newman, CA for a two-year Agreement with three one-year extension options, for an annual estimated amount of $3,450,000 and a total amount not to exceed $17,250,000 over five years; and authorizing the Director of Finance 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.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] ACTION: (Wright/Zwahlen; 7/0) Resolution 2024-294 approving the Award of Bid and Agreements for Concrete Services to United Pavement Maintenance, Hughson, CA. and Westside Landscape & Concrete, Newman, CA for a two-year Agreement with three one-year extension options, for an annual estimated amount of $3,450,000 and a total amount not to exceed $17,250,000 over five years; and authorizing the Director of Finance 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.
MATTERS TOO LATE FOR THE AGENDA
None.
ADJOURNMENT
This meeting adjourned at 8:30 P.M.
All Closed Session matters heard prior to the meeting.
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
One Case (Pursuant to Section 54956.9(d)(2) of the Government Code) CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
One Case (Pursuant to Section 54956.9(d)(4) of the Government Code)
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Pursuant to Section 54957 of the Government Code)
Title: City Manager
CONFERENCE WITH REAL PROPERTY NEGOTIATORS:
(Pursuant to Section 54956.8 of the Government Code)
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8/13/2024 5:30:00 PM
Property: 601 Neece Dr., Modesto, CA 95351; APN: 102-012-001 and 102-012-004 Property Owners: City of Modesto
Negotiating Parties:
For City: Joseph P. Lopez, City Manager
For Lessee: The Baseball Club of Modesto, LLC
Under Negotiation: Price and Terms of Lease
Attest:____________________________
Diane Nayares-Perez, City Clerk