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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, April 22, 2025 at 5:30 PM
Special City Council - Closed Session Meeting 5:00 p.m.:
Roll Call - Present: Councilmembers Alvarez, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
Absent: Vice-Mayor Bavaro
Regular City Council Meeting, 5:30 p.m.:
Roll Call – Present: Councilmembers Alvarez, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
Absent: Vice-Mayor Bavaro
Pledge of Allegiance to the Flag
Invocation: Father Misael Avila, Sacred Heart Catholic Church City Clerk’s Announcements: None.
Declaration of Conflicts of Interest: None
Reports from Closed Session: No Reportable Action.
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 -
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ACTION: Mayor Zwahlen presented proclamation declaring May as National Mental Health Awareness Month.
2. Proclamation declaring May as National Older Americans Month. (Funding Source:
Not Applicable)
CITY COUNCIL; Breanna Griffin, 209-577-5421, [email protected] ACTION: Mayor Zwahlen presented proclamation declaring May as National Older Americans Month.
MISCELLANEOUS
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] ACTION: (Wright/Williams; 6/0) Resolution 2025-120 accepting the resignation of Adriana Garcia from the City of Modesto’s Equity Commission.
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]
ACTION: (Williams/Ricci; 6/0) Resolution 2025-121 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.
PUBLIC COMMENT IN PERSON
• Kevin McClarty from District One thanked Council Members Williams and Ricci for attending the opening of Camp Jack Hazard’s new office at Needham and K Street. He emphasized how their presence made a lasting impression on the youth, comparing it to a meaningful memory from his own teen years. He highlighted the importance of showing up and the impact it can have.
• Mark Fabela spoke about concerns with Neece Drive, which runs alongside the Muni Golf Course and the proposed stadium site. He highlighted safety issues with broken guardrails on two curves and suggested straightening the road to improve safety and create - 3 -
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valuable riverfront commercial property. He supports building the stadium at the Muni Golf Course due to greater community opportunities and expressed a desire to continue the conversation before the June vote.
• Jerry Thompson thanked City leaders and organizers for the successful March 29th car community and police event, hoping it becomes annual. He missed the last meeting to attend a Sacramento event supporting SB 712, representing Modesto. He looks forward to summer events and invited Councilman Alvarez to join with his car. • Loretta Carhart asked for guidance on building along her property line and requested help finding someone to speak with.
• Zafir Solomon commented on the budget workshop, expressing concern over a vague response about $30 million from Measure H funds, urging clearer financial transparency.
He also criticized the lack of progress on rebuilding the Dryden Golf Course clubhouse, noting it's been nearly five years since the fire, despite insurance and COVID relief funds being received. He called for action, saying golfers are paying more but getting less.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS: 5-6, 8-17 (Wright/Escutia-Braaton; 6/0)
CONSENT
Consent
5. Consider approving the minutes for the April 8, 2025 Council Meeting. (Funding Source: Not Applicable)
Motion approving the minutes for the April 8, 2025 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Escutia-Braaton; 6/0) Motion approving the minutes for the April 8, 2025 Council Meeting.
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) 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] ACTION: (Wright/Escutia-Braaton; 6/0) 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 - 4 -
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Use Highway (MU-H) Zone, property located at 2800 Sisk Road (Fernandez).
Removed from 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 Company for the 7th Street Bridge Project. (Funding Source: Streets Capital Facility Fees)
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] ACTION: (Escutia-Braaton/Ricci; 6/0) Resolution 2025-122 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.
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)
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] ACTION: (Wright/Escutia-Braaton; 6/0) Resolution 2025-123 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.
Consent
9. Consider accepting an Informational Report for the February 2025 Accounts Payable Payment Register and Void Report. (Funding Source: Not Applicable) 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]
ACTION: (Wright/Escutia-Braaton; 6/0) Motion accepting an Informational Report for the February 2025 Accounts Payable Payment Register and Void Report. - 5 -
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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)
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] ACTION: (Wright/Escutia-Braaton; 6/0) Resolution 2025-124 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.
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)
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] ACTION: (Wright/Escutia-Braaton; 6/0) Resolution 2025-125 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.
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)
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.
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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] ACTION: (Wright/Escutia-Braaton; 6/0) Resolution 2025-126 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.
ACTION: (Wright/Escutia-Braaton; 6/0) Resolution 2025-127 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.
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) 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] ACTION: (Wright/Escutia-Braaton; 6/0) Resolution 2025-128 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.
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 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)
Resolution approving the First Amendments for the Agreements with CenCal Auto and Truck Parts, Modesto, CA and Rush Truck Centers, Ceres, CA for the - 7 -
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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] ACTION: (Wright/Escutia-Braaton; 6/0) Resolution 2025-129 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.
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) 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] ACTION: (Wright/Escutia-Braaton; 6/0) Resolution 2025-130 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.
Consent
16. Consider approving the 2024 update to the City of Modesto Sewer System Management Plan. (Funding Source: Sewer Operations Fund) Resolution approving the 2024 update to the City of Modesto Sewer System Management Plan.
UTILITIES; Jeff Daniels, 209-577-6255, [email protected] ACTION: (Wright/Escutia-Braaton; 6/0) Resolution 2025-131 approving the 2024 update to the City of Modesto Sewer System Management Plan.
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) - 8 -
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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] ACTION: (Wright/Escutia-Braaton; 6/0) Resolution 2025-132 approving a twomonth extension of the Lease with Juana Monreal and Jose Solis, individuals doing business as Liz Andrews Furniture, for City-owned property located at 131 9th Street, and authorizing the City Manager, or his designee, to execute the lease amendment.
COUNCIL COMMENTS & REPORTS
Council Member Escutia-Braaton recognized Public Service Recognition Week and thanked the City’s 1,500+ employees for their dedication. She also highlighted the successful completion of a three-day budget workshop, resulting in a balanced budget approved by the Finance Committee, now moving to the full Council for final approval.
Council Member Alvarez announced upcoming events in District 2: South Modesto Businesses United’s Children’s Day on April 26th, the West Modesto Community Collaborative’s Cinco de Mayo celebration on May 2nd with a $25 ticket, and SMU’s Cinco de Mayo Parade on May 3rd, attended by local leaders.
Council Member Ricci praised Jerry Thompson for representing Modesto in Sacramento, mentioning Jay Leno driving his car. He then discussed ongoing issues with feral cat services, including a shortage of spay and neuter slots and poor customer service at Animal Services. Ricci expressed frustration with the lack of a TNR program and slow response times, calling for improvements and better community collaboration to address these issues.
Council Member Williams shared several updates, including his participation in the "Cops and Cars" event, a visit to the SR 911 center, and his appreciation for first responders. He also celebrated the birth of his fifth grandchild. He highlighted the upcoming 4th of July parade with the theme "Celebrating America's Youth" and announced the Modesto Fire Department as the hometown hero for their 150th anniversary. Williams encouraged participation in the Love Modesto event this Saturday, particularly in the "Beautify McHenry" project.
Mayor Zwahlen recognized Stanislaus Partners in Education for their work connecting businesses with schools to provide students and teachers career opportunities. She also highlighted Dispatch Appreciation Week at SR 911, where she joined Police Chief Gillespie to thank dispatchers for their crucial role in community safety. - 1 -
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CITY MANAGER COMMENTS & REPORTS
City Manager Lopez directed Mr. Solomon to the Measure H Oversight Board and the related webpage, which provides details on all Measure H revenue and expenditures.
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)
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] ACTION: (Williams/Ricci; 6/0) Resolution 2025-133 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.
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)
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] - 2 -
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ACTION: (Alvarez/Williams; 6/0) Resolution 2025-134 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.
ACTION: (Alvarez/Williams; 6/0) Resolution 2025-135 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.
MATTERS TOO LATE FOR THE AGENDA
None.
ADJOURNMENT
This meeting adjourned at 6:43 p.m.
Attest:____________________________
Diane Nayares-Perez, City Clerk