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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 22, 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: Father Misael Avila, Sacred Heart Catholic Church City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Proclamation declaring May as National Mental Health Awareness Month. (Funding Source: Not Applicable)
CITY COUNCIL; Breanna Griffin, 209-577-5421, [email protected]
2. Proclamation declaring May as National Older Americans Month. (Funding Source:
Not Applicable)
CITY COUNCIL; Breanna Griffin, 209-577-5421, [email protected]
MISCELLANEOUS
Legislation, Appointments, Other
3. Consider accepting the resignation of Adriana Garcia from the Equity Commission. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution accepting the resignation of Adriana Garcia from the City of Modesto’s Equity Commission.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected]
4. Consider approving the appointment of Michelle Patino and Thomas Guerrero to the Downtown Improvement District Board of Directors for a four-year term ending December 31, 2029. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution approving the appointment of Michelle Patino and Thomas Guerrero to the Downtown Improvement District Advisory Board for a four-year term ending December 31, 2029.
CED; Sean Rando, 209-577-5473, [email protected]
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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
5. Consider approving the minutes for the April 8, 2025 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving the minutes for the April 8, 2025 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
6. Consider approving Final Adoption of Ordinance 3793-C.S. 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). (Funding Source: Not Applicable) Staff Recommendation:
Motion approving Final Adoption of Ordinance 3793-C.S. 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).
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
7. Consider approving a Public Highway at Grade Crossing Agreement for additional rights to the at grade public road crossing over B Street with Union Pacific Railroad - 5 -
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Company for the 7th Street Bridge Project. (Funding Source: Streets Capital Facility Fees)
Staff Recommendation:
Resolution approving a Public Highway at Grade Crossing Agreement for additional rights to the at grade public road crossing over B Street with Union Pacific Railroad Company for the 7th Street Bridge Project, and authorizing the City Manager, or his designee to execute the Agreement.
ENGINEERING SERVICES; Toby Wells, 209-571-5542, [email protected] Consent
8. Consider accepting the Retroreflective Backplates and Striping Project as complete, releasing securities, releasing payments totaling $579,530 to Tennyson Electric, Inc. of Livermore, CA, and authorizing the City Clerk to file a Notice of Completion. (Funding Source: Highway Safety Improvement Program, Surface Transportation Block Grant, and Surface Transportation Fund)
Staff Recommendation:
Resolution accepting the Retroreflective Backplates and Striping Project as complete, releasing securities, releasing payments totaling $579,530 to Tennyson Electric, Inc. of Livermore, CA, and authorizing the City Clerk to file a Notice of Completion.
ENGINEERING SERVICES; Peter Kambel, 209-577-5444, [email protected] Consent
9. Consider accepting an Informational Report for the February 2025 Accounts Payable Payment Register and Void Report. (Funding Source: Not Applicable) Staff Recommendation:
Motion accepting an Informational Report for the February 2025 Accounts Payable Payment Register and Void Report.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
Consent
10. Consider approving a Memorandum of Understanding with Unlimited Play, St. Peters, MO to serve as the Fiscal Entity related to the fund raising for the development, construction, and future maintenance of The Awesome Spot Inclusive Playground at Beyer Community Park. (Funding Source: CIP Project 100984, Awesome Spot Playground Project)
Staff Recommendation:
Resolution approving a Memorandum of Understanding with Unlimited Play, St. Peters, MO to serve as the Fiscal Entity related to the fund raising for the development, construction, and future maintenance of The Awesome Spot Inclusive Playground at Beyer Community Park Project, and authorizing the City Manager, or his designee, to execute the Memorandum of Understanding.
PRN; Diane Sheatsley, 209-577-5418, [email protected] - 6 -
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Consent
11. Consider approving the increase of Purchase Order #229342 with PB Loader, Fresno, CA by $14,728 for two dump trucks for a revised total amount not to exceed $307,655. (Funding Source: Fleet Replacement Fund)
Staff Recommendation:
Resolution approving the increase of a Purchase Order #229342 with PB Loader, Fresno, CA for two dump trucks by $14,728 for a revised total amount not to exceed $307,655; and authorizing the Director of Finance, or her designee, to execute the increase to the Purchase Order.
PUBLIC WORKS; Patrick Crowley, 209-342-2274, [email protected] Consent
12. Consider approving the Grant Acceptance for the Department of Energy, Energy Efficiency and Conservation Block Grant Program, in an amount not to exceed $241,720; the Purchase of three Class 4, 5, and 6 electric vehicles, from Kingsburg Truck Center, Kingsburg CA for an amount not to exceed $586,679. (Funding Source:
Fleet Management Fund)
Staff Recommendation:
Resolution approving the Grant Acceptance for the Department of Energy, Energy Efficiency and Conservation Block Grant Program in an amount not to exceed $241,720; and authorizing the City Manager, or his designee, to execute and submit all documents which may be necessary for the completion of the grant acceptance.
Resolution approving the Purchase of three Class 4, 5, and 6 electric vehicles, from Kingsburg Truck Center, Kingsburg CA for a total amount not to exceed $586,679; and contingency Change Orders not to exceed 15% of the total purchase price and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.
PUBLIC WORKS; Patrick Crowley, 209-342-2274, [email protected] Consent
13. Consider approving the Sole Source Agreement for the purchase of Vehicle Disablement Systems with MobileSpike Technologies Inc., Longview, WA for a total amount not to exceed $750,000 over five years. (Funding Source: Fleet Fund) Staff Recommendation:
Resolution approving the Sole Source Agreement for the purchase of MobileSpike Vehicle Disablement Systems with MobileSpike Technologies Inc., Longview, WA, for a two-year Agreement with three one-year extension options, for an annual estimated amount of $150,000, and a total amount not to exceed $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] Consent
14. Consider approving the First Amendment to the Purchasing Agreements for the purchase of equipment and vehicle parts and services with CenCal Auto and Truck - 7 -
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Parts, Modesto, CA and Rush Truck Center, Ceres, CA for an annual combined estimated cost increase of $340,000 for a total amount not to exceed $2,867,550 over five years. (Funding Source: Fleet Management Fund)
Staff Recommendation:
Resolution approving the First Amendments for the Agreements with CenCal Auto and Truck Parts, Modesto, CA and Rush Truck Centers, Ceres, CA for the purchase of Equipment and Vehicle Parts and Services for the Agreements for an annual estimated cost increase of $340,000 from $200,000 to $540,000 for a revised total amount not to exceed $2,867,550 over five years; and authorizing the Director of Finance, or her designee, to execute the Amendments.
PUBLIC WORKS; Patrick Crowley, 209-342-2274, [email protected] Consent
15. Consider approving the First Amendment with Champion Industrial Contractors, Inc.
Modesto, CA for On-Call Mechanical and Refrigeration Services, increasing the Agreement amount by $420,000 to a new total of $1,210,505 over five years. (Funding Source: General Fund, Utility Funds, and Building Maintenance Fund) Staff Recommendation:
Resolution approving the First Amendment with Champion Industrial Contractors, Inc. Modesto, CA for the On-Call Mechanical and Refrigeration Services, increasing the Agreement amount by $420,000 to a new total amount of $1,210,505 over five years, and authorizing the City Manager, or his designee, to execute the Amendment.
PUBLIC WORKS; Gabe daSilva, 209-342-2281, [email protected] Consent
16. Consider approving the 2024 update to the City of Modesto Sewer System Management Plan. (Funding Source: Sewer Operations Fund) Staff Recommendation:
Resolution approving the 2024 update to the City of Modesto Sewer System Management Plan.
UTILITIES; Jeff Daniels, 209-577-6255, [email protected] Consent
17. Consider approving a two-month extension of the Lease with Juana Monreal and Jose Solis, individuals doing business as Liz Andrews Furniture, for the City-owned property located at 131 9th Street. (Funding Source: Wastewater Fund) Staff Recommendation:
Resolution approving a two-month extension of the Lease with Juana Monreal and Jose Solis, individuals doing business as Liz Andrews Furniture, for Cityowned property located at 131 9th Street, and authorizing the City Manager, or his designee, to execute the lease amendment.
UTILITIES; Cristian Ciotau, 209-571-5175, [email protected] - 8 -
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COUNCIL COMMENTS & REPORTS
CITY MANAGER COMMENTS & REPORTS
NEW BUSINESS
18. Consider approving Agreements for the furnishing of Citywide Fuel-Card Lock services with Stan Boyett & Son, Inc. dba Boyett Petroleum, Modesto, CA; and Hunt & Sons, Inc., Ceres, CA for a total amount between all Agreements combined not to exceed $23,198,063 over five years. (Funding Source: Fleet Fund, Outside Fire Contracts, and Stanislaus Regional Transit Authority)
Staff Recommendation:
Resolution approving Agreements for the furnishing of FuelCard-Lock Services with Stan Boyett & Son, Inc. dba Boyett Petroleum, Modesto, CA; and Hunt & Sons, Inc., Ceres, CA for an annual combined estimated total of $4,500,000 and a total amount between all Agreements combined not to exceed $23,198,063 over five years; and authorizing the City Manager, or his designee, to execute the Agreements.
PUBLIC WORKS; Patrick Crowley, 209-342-2274, [email protected]
19. Consider approving the Plans and Specifications for the Sewer Trunk Rehabilitation on Grimes, Mercy and Woodland Project accepting the Bid and Awarding a Construction Contract to SAK Construction, LLC, of O’Fallon, MO, in the amount of $22,830,295, authorizing 12% in contingency (if needed), for a total payment amount not to exceed $25,569,931. (Funding Source: Wastewater Fund)
Staff Recommendation:
Resolution approving the Plans and Specifications for the Sewer Trunk Rehabilitation on Grimes, Mercy and Woodland Project; accepting the Bid and Awarding a Construction Contract to SAK Construction, LLC, of O’Fallon, MO, in the amount of $22,830,295, authorizing the Director of Engineering Services to approve Change Orders up to the cumulative amount of $2,739,636, 12% of the original Contract price, for a total payment amount not to exceed $25,569,931 and authorizing the City Manager, or his designee, to execute the Contract.
Resolution amending the Fiscal Year 2024-25 Multi-Year Program Budget in the amount of $26,823,000 to fund the Construction Phase of the Sewer Trunk Rehabilitation on Grimes, Mercy and Woodland Project and authorizing the City Manager, or his designee, to implement the provisions of the resolution.
UTILITIES; Cristian Ciotau, 209-571-5175, [email protected] - 9 -
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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