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MODESTO CITY COUNCIL
www.modestogov.com
AGENDA
City of Modesto
CITY COUNCIL MEETING
Chambers, Basement Level
Tenth Street Place, 1010 10th Street
Modesto, California
Tuesday, March 11, 2025 at 5:30 PM
Roll Call - Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
* Public Comment will only be in-person. Members of the public who wish to address the Council, by providing public comment, during the meeting must do so in-person in the Council Chambers.
As an alternative, members of the public may also provide written public comment submitted via email as indicated in the Submitting Comments by Email instructions on this agenda. Zoom will still be available for viewing and Wordly translation.
*Members of the public will be allowed to provide public comment through Zoom if a Councilmember is participating remotely pursuant to the provisions of Assembly Bill 2449. *Effective March 1, 2023, if a technical issue arises with Zoom or the phone dial-in option, the Council meeting will continue unless the meeting is being held pursuant to the provisions of Assembly Bill 2449. Alternative viewing options are listed below, and the meeting is physically open to the public.
“Wordly” can translate into 25+ different languages! To access written translation during the meeting, please scan the QR Code or click this link https://attend.wordly.ai/join/RJDY-6364.
"Wordly" puede traducir a más de 25 idiomas diferentes! Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace https://attend.wordly.ai/join/RJDY-6364.
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You may observe a livestream of the meeting at http://media.modestogov.com. You may also view or listen to the meeting as indicated below.
THE MEETING CAN BE VIEWED BY ZOOM VIDEO
CONFERENCING OR TELEPHONE
Joining the City Council meeting via Zoom
The City of Modesto is now offering the ability to view Council meetings via telephonic conferencing via “Zoom” video conferencing computer technology. The meeting may be accessed through the use of Zoom using the following options:
Enter the following link into an Internet Browser
https://us02web.zoom.us/j/95895497651
Enter the following link into an Internet Browser https://zoom.us/ and using the Webinar ID: 958 9549 7651
Passcode: 84326
To use Zoom, please visit: https://zoom.us/ and either sign-up for a free Zoom account or continue as a guest. Once you have downloaded the app onto your mobile device, joined from your web browser, or downloaded the Zoom software on your computer you will be ready for the upcoming Council meeting.
Joining the City Council meeting via Telephone
If you don’t have a smart phone or computer to access the meeting via Zoom, you can listen by phone, by calling 1-877-853-5257 (Toll Free) or 1-888-475-4499 (Toll Free) and enter the Webinar ID: 958 9549 7651 Passcode: 84326
SUBMITTING COMMENTS BY E-MAIL
Written comments may be submitted via email to: [email protected] (include Agenda Item Number in the subject line). All comments will be shared with the Councilmembers and placed in the record but will not be read aloud during the meeting. Written comments must be received two hours before the meeting.
This Agenda is on file in the City Clerk’s Office, Sixth Floor, 10th Street Place, Posting Board at entry of 10th Street Place, and is available on the City’s Web site at www.modestogov.com.
Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the Clerk’s office during normal business hours. Such documents are also available online, subject to staff’s ability to post the documents before the meeting, at the following website https://www.modestogov.com/council-meetings In accordance with the requirements of Title II of the Americans with Disabilities Act (“ADA”) of 1990, the Fair Employment & Housing Act (“FEHA”), the Rehabilitation Act of 1973 (as amended), Government Code section 11135 and other applicable codes, the City of Modesto (“City”) will not discriminate against individuals on the basis of disability in the City’s services, programs, or activities. For more information, please visit the City of Modesto website at https://www.modestogov.com/865/Americans-with-Disabilities-Act-ADA - 3 -
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In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (209) 577-5396. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
Pledge of Allegiance to the Flag
Invocation: Bill Kenoyer, Redeemer Church
City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session
PUBLIC COMMENT IN PERSON
Three-minute time limit per speaker.
Only interested persons in the audience may present these matters. Under State law, Councilmembers may respond to matters being presented under this item only as follows:
a. Briefly respond to statements made or questions raised. b. Ask a question for clarification.
c. Provide a reference to staff or other resources for factual information. d. Request staff to report back at a subsequent meeting. e. Finally, a Councilmember or the Council itself may take action to direct staff to place a matter of business on a future agenda.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
Information concerning the consent items listed below has been forwarded to each Councilmember prior to this meeting for study. Unless some member of the audience or Councilmember has a question concerning an item and asks that it be withdrawn from the consent list, the Council approves the items at one time. The action taken by the Council in approving consent items is set forth in the explanation of this individual item.
CONSENT
An item may be removed from consent and discussed at the request of an audience member or Council member.
Consent
1. Consider approving the minutes for the March 4, 2025 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving the minutes for the March 4, 2025 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] - 4 -
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Consent
2. Consider approving Final Adoption of Ordinance 3790-C.S. amending Section 1-3-8 Of the Zoning Map to Rezone 22.6 Acres from Specific Plan (Sp), to Planned Development Zone, P-D(617), property located at the Northwest corner Of Pelandale Avenue and American Avenue (Lennar Homes Of California, LLC) (Funding Source:
Not Applicable)
Staff Recommendation:
Motion approving Final Adoption of Ordinance 3790-C.S. amending Section 1- 3-8 Of the Zoning Map to Rezone 22.6 Acres from Specific Plan (Sp), to Planned Development Zone, P-D(617), property located at the Northwest corner Of Pelandale Avenue and American Avenue (Lennar Homes Of California, LLC)
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
3. Consider approving the recommended budget adjustments to Fiscal Year 2024-25 Annual Operating and Capital Improvement Program Budgets. (Funding Source:
Various Funds)
Staff Recommendation:
Resolution amending Fiscal Year 2024-25 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; Stephan Christensen, 209-577-5390, [email protected] Consent
4. Consider approving a Memorandum of Understanding with Archway Commons EAH II LP, Modesto, CA to reimburse the City $170,000 and a Landscape Maintenance Agreement with the State of California Department of Transportation (CalTrans) for the construction and maintenance of a secondary Emergency Access Route connecting (APN: 029-009-037) to 9th Street. (Funding Source: Developer Funded) Staff Recommendation:
Resolution approving a Memorandum of Understanding with Archway Commons EAH II LP, Modesto, CA to reimburse the City $170,000 for the construction and maintenance of a secondary Emergency Access Route connecting the project (APN: 029-009-037) to 9th Street and authorizing the City Manager, or his designee, to execute the Agreement. Resolution approving a Landscape Maintenance Agreement with the California Department of Transportation (CalTrans) for the maintenance of the developed secondary Emergency Access Route on the State’s right of way connecting the project (APN: 029-009-037) to 9th Street and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution amending the Fiscal Year 2024-25 Annual Operating Fund budgets and Capital Improvement Project #101295 in the amount of $170,000 to appropriate the funds for the Memorandum of Understanding with Archway Commons EAH II, LP for construction and maintenance of a secondary - 5 -
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emergency access route and authorizing the City Manager, to take the necessary steps to implement the provisions of this Resolution.
CED; Edgar Garcia, 209-571-5101, [email protected] Consent
5. Consider approving a Subtrunk Sewer Reimbursement Agreement with KB Home North Bay LLC for the construction of the Sonoma Sewer Trunk Extension Phase 3 & 4A Project. (Funding Source: Sewer Fund)
Staff Recommendation:
Resolution approving a Subtrunk Sewer Reimbursement Agreement with KB Home North Bay LLC for the construction of the Sonoma Sewer Trunk Extension Phase 3 & 4A Project and authorizing the City Manager, or his designee, to execute the Agreement.
ENGINEERING SERVICES; Jaspreet Mangat, 209-577-5253,
[email protected]
Consent
6. Consider approving the Plans and Specifications for the 2024 Restroom Replacement Project, accepting the Bid and Awarding a Construction Contract to Platinum General Engineering, LLC, of Waterford, CA., in the amount not to exceed $574,492. (Funding Source: Measure H)
Staff Recommendation:
Resolution approving the Plans and Specifications for the 2024 Restroom Replacement Project, accepting the Bid and Awarding a Construction Contract to Platinum General Engineering, LLC, of Waterford, CA., in the amount of $522,266, authorizing $52,226 for contingency (if needed), for a total payment amount not to exceed $574,492, and authorizing the City Manager, or his designee, to execute the Agreement.
ENGINEERING SERVICES; Nathan Houx, 209-571-5526, [email protected] Consent
7. Consider accepting an Informational Report for the January 2025 Accounts Payable Payment Register and Void Report. (Funding Source: Not Applicable) Staff Recommendation:
Motion accepting an Informational Report for the January 2025 Accounts Payable Payment Register and Void Report.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
Consent
8. Consider approving the purchase of four Compact Front (Wheel) Loader with Caterpillar Inc. under the authorized dealer, Holt of California, Modesto, CA for a total amount not to exceed $591,340. (Funding Source: Fleet Replacement Fund) Staff Recommendation:
Resolution approving the Competitive Bidding Process from Sourcewell to purchase four Compact Front (Wheel) Loader with Caterpillar Inc. under the - 6 -
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authorized dealer, Holt of California, Modesto, CA, for an original purchase price in the amount of $626,380 including a price reduction of $35,040 due to rental fees for a revised purchase price in the amount not to exceed $591,340; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected]
COUNCIL COMMENTS & REPORTS
CITY MANAGER COMMENTS & REPORTS
HEARINGS
Published in the Modesto Bee on February 14, 2025. - Item requested to be continued from February 25, 2025 Council meeting.
9. Hearing to consider approving an application for a Conditional Use Permit and Operating Agreement by Outfront Media to allow a digital freeway billboard located on the east side of State Highway 99 and south of Evergreen Avenue, located at 2024 W. Orangeburg Avenue. (Funding Source: Application Fee) Staff Recommendation:
Resolution approving an Operating Agreement between the City of Modesto and Outfront Media LLC, for the installation of a digital freeway billboard on property located at 2024 W. Orangeburg Avenue and authorizing the City Manager or his designee to execute the Agreement.
Resolution approving a Conditional Use Permit for a digital freeway billboard located at 2024 W. Orangeburg Avenue (Outfront Media).
CED; Edwin Borquez, 209-577-5516, [email protected] Published in the Modesto Bee on February 28, 2025.
10. Hearing to consider establishing City of Modesto Community Facilities District (CFD) No. 2025-1 (Kiernan Business Park South #2), to replace City of Modesto Community Facilities District No. 2012-1 (Kiernan Business Park South), authorizing the levy of special taxes therein, calling a special election; and declaring the results of the March 11, 2025 special election. (Funding Source: Developer Deposits) Staff Recommendation:
Resolution declaring the formation of City of Modesto Community Facilities District No. 2025-1 (Kiernan Business Park South #2), conditionally authorizing the levy of special taxes therein.
Resolution of the City Council of the City of Modesto, California, acting as the legislative body of the City of Modesto Community Facilities District No. 2025-1 (Kiernan Business Park South #2), calling for a special election. Resolution declaring the results of March 11, 2025, special election and approving certain related actions pertaining to City of Modesto Community Facilities District No. 2025-1 (Kiernan Business Park South #2). Motion introducing and waiving the first reading of an Ordinance authorizing the levy of special taxes within the City of Modesto held within City of - 7 -
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Modesto Community Facilities District No. 2025-1 (Kiernan Business Park South #2).
Motion introducing and waiving the first reading of an Ordinance in connection with City of Modesto Community Facilities District No. 2012-1 (Kiernan Business Park South), authorizing the cessation of the levy of related special taxes and the extinguishment and cancellation of all related liens, and dissolving said Community Facilities District.
CED; Edgar Garcia, 209-577-5211, [email protected]
NEW BUSINESS
11. Consider approving the Purchasing Agreement for Renewable Diesel and Bulk Fuels to Hunt & Sons, LLC, Sacramento, CA, for a total amount not to exceed $18,750,000 over five years. (Funding Source: Various Funds)
Staff Recommendation:
Resolution approving the Purchasing Agreement for Renewable Diesel and Bulk Fuels to Hunt & Sons, LLC, Sacramento, CA, for a total amount not to exceed $18,750,000 over five years; and authorizing the Director of Finance, or her designee, to execute the Agreement.
PUBLIC WORKS; Patrick Crowley, 209-342-2274, [email protected]
MATTERS TOO LATE FOR THE AGENDA
These may be presented by members of the City Council and staff upon determination by a majority vote that an emergency exists, as defined by State law, or by a 2/3 vote that (1) there is a need to take immediate action, and (2) that the need for action came to the City’s attention after the agenda was posted.
ADJOURNMENT
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
at by
date time signature