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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, April 08, 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: Lance Lowell, Neighborhood Church
City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Presentation from Senator Alvarado-Gil to bestow the "Woman of the Year" Award to Debi Zeer, volunteer Chaplain for the Modesto Police Department. (Funding Source:
Not Applicable)
CITY COUNCIL; Breanna Griffin, 209-577-5421, [email protected]
2. Proclamation declaring April as Donate Life Month. (Funding Source: Not Applicable) CITY COUNCIL; Breanna Griffin, 209-577-5421, [email protected]
3. Proclamation declaring April as Fair Housing Month. (Funding Source: Not Applicable)
CITY COUNCIL; Breanna Griffin, 209-577-5421, [email protected]
4. Proclamation declaring April as National Volunteer Month. (Funding Source: Not Applicable)
CITY COUNCIL; Breanna Griffin, 209-577-5421, [email protected]
5. Proclamation declaring April 22, 2025 as Earth Day. (Funding Source: Not Applicable) CITY COUNCIL; Breanna Griffin, 209-577-5421, [email protected]
MISCELLANEOUS
Legislation, Appointments, Other
6. Consider accepting the resignation of Nancy Norton and Karen Adams from the Golf Courses Advisory Committee. (Funding Source: Not Applicable) Staff Recommendation:
Resolution accepting the resignation of Nancy Norton and Karen Adams from the Golf Courses Advisory Committee.
PRN; Jessica Franco, 209-577-5278, [email protected] - 4 -
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7. Consider approving the appointment of Christopher Fox to the Modesto City-County Airport Advisory Committee for a four-year term with an expiration date of June 30, 2029. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution approving the appointment of Christopher Fox to the Modesto CityCounty Airport Advisory Committee for the position of Public-At-Large for a four-year term with an expiration date of June 30, 2029.
PUBLIC WORKS; Marisol Navarro, 209-577-5319, [email protected]
8. Consider approving the appointment of four vacancies to the City of Modesto Blight Abatement Advisory Committee for a four-year term with an expiration date of December 31, 2028. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution approving the appointments of Kathryn Hall-Boyer, Joshua Navarro, Jack Leguria, and Jeremy Brown to the Blight Abatement Advisory Committee for a four-year term with an expiration date of December 31, 2028.
PUBLIC WORKS; Myriah Hill, 209-577-5495, [email protected]
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
9. Consider approving the minutes for the March 11, 2025 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
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Motion approving the minutes for the March 11, 2025 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
10. Consider approving Final Adoption of Ordinance 3791-C.S. authorizing the levy of special taxes within the City of Modesto held within City of Modesto Community Facilities District No. 2025-1 (Kiernan Business Park South #2). (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving Final Adoption of Ordinance 3791-C.S. authorizing the levy of special taxes within the City of Modesto held within City of Modesto Community Facilities District No. 2025-1 (Kiernan Business Park South #2).
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
11. Consider approving Final Adoption of Ordinance 3792-C.S. 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. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving Final Adoption of Ordinance 3792-C.S. 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.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
12. Consider approving the purchase for Preservation of Historical City Council Records Services with Kofile Technologies, Inc., Sacramento, CA in the amount not to exceed $101,649. (Funding Source: General Fund)
Staff Recommendation:
Resolution approving the purchase for Preservation of Historical City Council Records Services with Kofile Technologies, Inc., Sacramento, CA in the amount not to exceed $101,649; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
13. Consider accepting the 2024 Annual Report of the City’s Citizen Advisory Boards, Commissions, and Committees. (Funding Source: Not Applicable) Staff Recommendation:
Motion accepting the 2024 Annual Report of the City’s Citizen Advisory Boards, Commissions and Committees.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] - 6 -
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Consent
14. Consider approving the 2025-2026 State and Federal Legislative Priorities. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution approving the 2025-2026 State and Federal Legislative Priorities.
CITY MANAGER; Sonya Severo, 209-571-5809, [email protected] Consent
15. Consider accepting the informational Fiscal Year 2024-25 General Fund Mid-Year Update Report and approving the recommended budget adjustments to the major General Fund revenues and expenditures and amending Fiscal Year 2024-25 Annual Operating Budget. (Funding Source: General Fund)
Staff Recommendation:
Resolution accepting the informational Fiscal Year 2024-25 General Fund MidYear Update Report and approving the recommended budget adjustments to the major General Fund revenues and expenditures amending the Fiscal Year 2024- 25 Annual Operating Budget.
BUDGET; Steve Christensen, 209-577-5390, [email protected] Consent
16. 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; Steve Christensen, 209-577-5390, [email protected] Consent
17. Consider accepting the La Loma Phase 3A Strengthen & Replace Water Mains Project as complete, releasing securities, releasing payments totaling $6,250,690 to United Pavement Maintenance Inc., of Hughson, CA, and authorizing the City Clerk to file a Notice of Completion. (Funding Source: Water Fund)
Staff Recommendation:
Resolution accepting the La Loma Phase 3A Strengthen & Replace Water Mains Project as complete, releasing securities, releasing payments totaling $6,250,690 to United Pavement Maintenance Inc., of Hughson, California, and authorizing the City Clerk to file a Notice of Completion.
ENGINEERING SERVICES; Peter Kambel, 209-577-5444, [email protected] Consent
18. Consider accepting the Tuolumne River Regional Park Non-Motorized Boat Launch Project as complete, releasing securities, releasing payments totaling $1,881,396 to Harris Builder, Inc. of Hilmar CA, and authorizing the City Clerk to file a Notice of - 7 -
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Completion. (Funding Source: TRRP CIP Fund, Park CFF Fund, and Non-Motorized Boating Facilities Grant Program Funds)
Staff Recommendation:
Resolution accepting the Tuolumne River Regional Park Non-Motorized Boat Launch Project as complete, releasing securities, releasing payments totaling $1,881,396 to Harris Builder, Inc. of Hilmar CA, and authorizing the City Clerk to file a Notice of Completion.
ENGINEERING SERVICES; Peter Kambel, 209-577-5444, [email protected] Consent
19. Consider accepting the Pelandale Avenue Pavement Rehabilitation – Dale Road to Detroit Lane STPL5059(242) Project as complete, releasing securities, releasing payments totaling $2,269,156 to Pavement Coatings Co. of Sacramento, CA, and authorizing the City Clerk to file a Notice of Completion. (Funding Source: Regional Surface Transportation Program (RSTP) and Local Measure L Funds) Staff Recommendation:
Resolution accepting the Pelandale Avenue Pavement Rehabilitation – Dale Road to Detroit Lane STPL 5059(242) Project as complete, releasing securities, releasing payments totaling $2,269,156 to Pavement Coatings Co. of Sacramento, CA, and authorizing the City Clerk to file a Notice of Completion.
ENGINEERING SERVICES; Peter Kambel, 209-577-5444, [email protected] Consent
20. Consider approving the Plans and Specifications for the Mary E. Grogan Community Park Parking Lot Resurfacing Project, accepting the Bid and Awarding a Construction Contract to DRT Grading & Paving, Inc. of Sunol, CA, in the amount not to exceed $84,607. (Funding Source: Measure H)
Staff Recommendation:
Resolution approving the Plans and Specifications for the Mary E. Grogan Community Park Parking Lot Resurfacing Project, accepting the Bid and Awarding a Construction Contract to DRT Grading & Paving, Inc. of Sunol, CA, in the amount of $76,915, authorizing $7,692 for contingency (if needed), for a total payment amount not to exceed $84,607, and authorizing the City Manager, or his designee, to execute the Agreement.
ENGINEERING SERVICES; Nathan Houx, 209-571-5526, [email protected] Consent
21. Consider approving the First Amendment with FlowWest, LLC., of Oakland, CA. for additional tasks related to Environmental Documentation, Permitting, Construction Documentation and Bidding & Construction Support for the Tuolumne River Regional Park (TRRP) Gateway Parcel River Overlook Project, increasing the Agreement amount by $132,701, and increasing the contingency from 10% to 20%. (Funding Source: Federal High Priority Demonstration Funds, California River Parkways Grant Program, TRRP CIP Fund)
Staff Recommendation:
Resolution approving a First Amendment to the Agreement with FlowWest, - 8 -
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LLC. of Oakland, CA., for additional tasks related to Environmental Documentation, Permitting, Construction Documentation and Bidding & Construction Support for the Tuolumne River Regional Park (TRRP) Gateway Parcel River Overlook Project, increasing the Agreement amount by $132,701, to a new total amount not to exceed $256,161, plus $51,232 in additional services, if needed, for a total amount not to exceed $307,393, and authorizing the City Manager, or his designee, to execute the Amendment.
ENGINEERING SERVICES; Nathan Houx, 209-571-5526, [email protected] Consent
22. Consider accepting the Monthly Investment Report for January 2025. (Funding Source:
Various Funds)
Staff Recommendation:
Motion accepting the Monthly Investment Report for January 2025.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
Consent
23. Consider approving submittal of Grant Applications, accepting Grant Awards, and amending the annual budgets for all Waste Tire Cleanup Grants to California Department of Resources and Recovery. (Funding Source: Not Applicable) Staff Recommendation:
Resolution approving the submittal of Grant Applications, acceptance of Grant Awards, and amendments to the annual budgets for all Waste Tire Cleanup Grants to the State of California Department of Resources Recycling and Recovery, and authorizing the City Manager, or his designee, to sign Grant Applications and related forms.
PUBLIC WORKS; Rosene Nguyen, 209-577-5453, [email protected] Consent
24. Consider approving submittal of Grant Applications, accepting Grant Awards, and amending the annual budgets for all Waste Tire Amnesty Grants to California Department of Resources Recycling and Recovery. (Funding Source: Not Applicable) Staff Recommendation:
Resolution approving the submittal of Grant Applications, acceptance of Grant Awards, and amendments to the annual budgets for all Waste Tire Amnesty Grants to the State of California Department of Resources Recycling and Recovery, and authorizing the City Manager, or his designee, to sign Grant Applications and related forms.
PUBLIC WORKS; Rosene Nguyen, 209-577-5453, [email protected] Consent
25. Consider approving submittal of Grant Applications, accepting Grant Awards, and amending the annual budgets for all Waste Tire Enforcement Grants to the California Department of Resources Recycling and Recovery. (Funding Source: Not Applicable) Staff Recommendation:
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Resolution approving the submittal of Grant Applications, acceptance of Grant Awards, and amendments to the annual budgets for all Waste Tire Enforcement Grants to the State of California Department of Resources Recycling and Recovery, and authorizing the City Manager, or his designee, to sign Grant Applications and related forms.
PUBLIC WORKS; Rosene Nguyen, 209-577-5453, [email protected] Consent
26. Consider approving the First Amendment to the Site-to-Site Communications Services Agreement with Ayera Technologies Inc., Modesto, CA, increasing the Agreement amount by $117,500 and extending the term of the Agreement from July 14, 2027, to July 14, 2030. (Funding Source: Congestion Mitigation and Air Quality) Staff Recommendation:
Resolution approving the First Amendment to the Site-to-Site Communications Services Agreement with Ayera Technologies Inc., Modesto, CA, increasing the Agreement amount by $117,500 from $525,000 to a new revised total amount of $642,500 and extending the term of the Agreement from July 14, 2027, to July 14, 2030, and authorizing the City Manager, or his designee, to execute the Agreement.
PUBLIC WORKS; Max Navarro, 209-571-5116, [email protected] Consent
27. Consider approving the Plans and Specifications for the Downtown Signal Coordination G Street and H Street, CML 5059(261) Project, accepting the Bid, and Awarding a Contract to Bear Electrical Solutions, LLC of Alviso, CA in the amount of $1,176,085, and a twenty percent contingency amount of $235,217 for a total amount not to exceed $1,411,302. (Funding Source: Congestion Mitigation and Air Quality and Measure L Funds)
Staff Recommendation:
Resolution approving the Plans and Specifications for the Downtown Signal Coordination G Street and H Street, CML 5059(261) Project, accepting the Bid, and Awarding a Contract to Bear Electrical Solutions, LLC of Alviso, CA in the amount of $1,176,085, and a twenty percent contingency amount of $235,217 for a total amount not to exceed $1,411,302, and authorizing the City Manager, or his designee, to execute the Agreement.
PUBLIC WORKS; Max Navarro, 209-571-5116, [email protected] Consent
28. Consider approving the Plans and Specifications for the Coffee Road Strengthen & Replace Water Mains Project, accepting the Bid and awarding a Construction Contract to United Pavement Maintenance, Inc., of Hughson, CA in the amount of $2,338,210, authorizing 20% in contingency (if needed), for a total payment amount not to exceed $2,805,852. (Funding Source: Water Fund)
Staff Recommendation:
Resolution approving the Plans and Specifications for the Coffee Road Strengthen & Replace Water Mains Project, accepting the Bid and awarding a - 10 -
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Construction Contract to United Pavement Maintenance Inc., of Hughson, CA in the amount of $2,338,210, authorizing the Director of Engineering Services to approve Change Orders up to the cumulative amount of $467,642, 20% of the original contract price, for a total payment amount not to exceed $2,805,852 and authorizing the City Manager, or his designee, to execute the Contract. Resolution amending the Fiscal Year 2024-25 Capital Improvement Program Budget in the amount of $2,040,000 to fund the Construction Phase of the Coffee Road Strengthen & Replace Water Mains Project and authorizing the City Manager, or his designee, to implement the provision of the Resolution.
UTILITIES; Edgar Vargas, 209-577-5424, [email protected]
COUNCIL COMMENTS & REPORTS
CITY MANAGER COMMENTS & REPORTS
HEARINGS
Published in the Modesto Bee on March 16, 2025.
29. Hearing to consider approving rezone from Planned Development Zone P-D (179) to Mixed Use Highway (MU-H) Zone, on property located at 2800 Sisk Road (Assessor Parcel Number 005-037-025). (Funding Source: Application Fee) Staff Recommendation:
Resolution adopting Negative Declaration for a rezone of 5.3 acres from Planned Development Zone P-D(179) to Mixed Use Highway (MU-H) zone, property located at 2800 Sisk Road.
Motion introducing and waiving the first reading of an Ordinance amending Section 13-3-8 of the Zoning Map of the City of Modesto to rezone 5.3-acres from Planned Development Zone P-D(179) to Mixed-Use Highway (MU-H) Zone, property located at 2800 Sisk Road. (Fernandez)
CED; Edwin Borquez, 209-571-5516, [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