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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, May 06, 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: Rabbi Caitlin Bromberg, Congregation Beth Shalom City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Proclamation declaring May 4th-10th as National Public Service Recognition Week. (Funding Source: Not Applicable)
CITY COUNCIL; Breanna Griffin, 209-577-5421, [email protected]
2. Proclamation declaring the month of May as National History Preservation Month. (Funding Source: Not Applicable)
CITY COUNCIL; Breanna Griffin, 209-577-5421, [email protected]
3. Proclamation declaring May as National Stroke Awareness Month. (Funding Source:
Not Applicable)
CITY COUNCIL; Breanna Griffin, 209-577-5421, [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.
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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
4. Consider approving the minutes for the April 22, 2025 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving the minutes for the April 22, 2025 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
5. Consider reaffirming the City of Modesto’s relationship with the City of Aguascalientes, Mexico as a Sister City. (Funding Source: General Fund) Staff Recommendation:
Resolution reaffirming the City of Modesto’s relationship with the City of Aguascalientes, Mexico as a Sister City.
CITY COUNCIL; Breanna Griffin, 209-577-5421, [email protected] Consent
6. Consider accepting the Payroll Internal Controls Review Report. (Funding Source: Not Applicable)
Staff Recommendation:
Motion accepting the Payroll Internal Controls Review Report.
CITY AUDITOR; Colleen Rozillis, 206-302-6795, [email protected] Consent
7. Consider accepting the Utilities Fiscal Review Performance Audit Report. (Funding Source: Not Applicable)
Staff Recommendation:
Motion accepting the Utilities Fiscal Review Performance Audit Report.
CITY AUDITOR; Colleen Rozillis, 206-302-6795, [email protected] Consent
8. Consider approving Fiscal Year 2025-26 Engineer’s Report and setting a Public Hearing on June 24, 2025 for the levy and collection of assessments for landscape maintenance in the public right-of-way, street medians, and areas adjacent to the access control walls in Dry Creek Meadows Subdivisions Nos. 1-6. (Funding Source:
Landscape Maintenance Assessment District No. 1)
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Staff Recommendation:
Resolution accepting Fiscal Year 2025-26 Engineer’s Annual Report for Landscape Maintenance Assessment District No. 1 for Dry Creek Meadows Subdivisions Nos. 1-6; Notice of Intention to Levy and Collect Assessments for Landscape Maintenance Assessment District No. 1 for Dry Creek Meadows Subdivisions Nos. 1-6 and setting a Public Hearing on June 24, 2025 to consider the Fiscal Year 2025-26 Levy and Collection of Assessments within Landscape Maintenance Assessment District No. 1.
CED; Edgar Garcia, 209-577-5211, [email protected] Consent
9. Consider approving the Fiscal Year 2025-26 Engineer’s Annual Report and setting a Public Hearing on June 24, 2025 for the levy and collection of assessment for landscape maintenance in the public right-of-way, street medians, and areas adjacent to the access control walls in Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision, and Yosemite Meadows Subdivisions Units 1 and 2. (Funding Source: Landscape Maintenance Assessment District No. 2) Staff Recommendation:
Resolution accepting the Fiscal Year 2025-26 Engineer’s Annual Report for Landscape Maintenance Assessment District No. 2 for Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision, and Yosemite Meadows Subdivisions Units 1 and 2; Notice of Intention to Levy and Collect Assessments for Landscape Maintenance Assessment District No. 2 for Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision, and Yosemite Meadows Subdivisions Units 1 and 2; and setting a Public Hearing on June 24, 2025 to Consider the Fiscal Year 2025-26 Levy and Collection of Assessments Within Landscape Maintenance Assessment District No. 2.
CED; Edgar Garcia, 209-577-5211, [email protected] Consent
10. Consider accepting the Fiscal Year 2025-26 Engineer’s Annual Report for the Shackelford Landscape and Lighting District; Notice of Intention to Levy and Collect Assessments for the Shackelford Landscape and Lighting District; and setting a Public Hearing on June 24, 2025, to Consider the Fiscal Year 2025-26 Levy and Collection of Assessments within the Shackelford Landscape and Lighting District. (Funding Source: Shackelford Landscape and Lighting District)
Staff Recommendation:
Resolution approving the Fiscal Year 2025-26 Engineer’s Annual Report for the Shackelford Landscape and Lighting District; Notice of Intention to Levy and Collect Assessments for the Shackelford Landscape and Lighting District; and setting a Public Hearing on June 24, 2025, to consider the Fiscal Year 2025-26 Levy and Collection of Assessments within the Shackelford Landscape and Lighting District.
CED; Edgar Garcia, 209-577-5211, [email protected] - 6 -
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Consent
11. Consider accepting the Rebid La Loma Phase 2C Strengthen & Replace Water Mains Project as complete, releasing securities, releasing payments totaling $8,029,470 to Mozingo Construction, Inc., of Oakdale CA, and authorizing the City Clerk to file a Notice of Completion. (Funding Source: Water Fund)
Staff Recommendation:
Resolution accepting the Rebid La Loma Phase 2C Strengthen & Replace Water Mains Project as complete, releasing securities, releasing payments totaling $8,029,470 to Mozingo Construction, Inc., of Oakdale CA, and authorizing the City Clerk to file a Notice of Completion.
ENGINEERING SERVICES; Peter Kambel, 209-577-5444, [email protected] Consent
12. Consider accepting the Monthly Investment Report for February 2025. (Funding Source: Various Funds)
Staff Recommendation:
Motion accepting the Monthly Investment Report for February 2025.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
Consent
13. Consider approving the Agreements for Maintenance, Repair and Operations Parts to Grainger Inc., Lake Forest, IL, and Fastenal Company Inc., Winona, MN for a total combined amount not to exceed $3,128,524, over five years. (Funding Source: Various Funds)
Staff Recommendation:
Resolution approving the Agreements for Maintenance, Repair and Operations Parts to Grainger Inc., Lake Forest, IL, and Fastenal Company Inc., Winona, MN for a two-year Agreement with three one-year extension options, for an annual combined estimated amount of $583,500 and a total combined amount not to exceed $3,128,524 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 Director of Finance, or her designee, to execute the Agreements.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] Consent
14. Consider approving the purchase of Personal Computers (PC) and Laptops to Dell Technologies, Inc., Round Rock, TX for an amount not to exceed $3,000,000 over four years. (Funding Source: Information Technology Fund)
Staff Recommendation:
Resolution approving the Competitive Bidding Process from The State of Minnesota in partnership with NASPO ValuePoint, with Dell Technologies, Inc., Round Rock, TX for the purchase of Personal Computers and Laptops for - 7 -
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an annual estimated amount $750,000 and a total amount not to exceed $3,000,000 over four years; and authorizing the Director of Finance or her designee to issue the Purchase Order.
FINANCE DEPARTMENT; Kyle Ford, 209-571-5508, [email protected] Consent
15. Consider accepting the Annual Fire Inspection Report for 2024. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution accepting the Annual Fire Inspection Report for 2024.
FIRE DEPARTMENT; David Bickle, 209-571-5553, [email protected] Consent
16. Consider approving the Sole Source purchase of two LifePak15 Monitors and eight LUCAS devices from Stryker Medical, Chicago, IL for a total cost not to exceed $323,525. (Funding Source: Measure H Fund, Emergency Medical Services Revenue (EMS) and General Fund)
Staff Recommendation:
Resolution approving the Sole Source Purchase with Stryker Medical, Chicago, IL of two LifePak15 Monitors and eight LUCAS devices for a total cost not to exceed $323,525 and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.
FIRE DEPARTMENT; Kevin Wise, 209-572-9590, [email protected] Consent
17. Consider an Agreement with American Medical Response West, Modesto, CA for reimbursement of costs for First Responder Services. (Funding Source: General Fund) Staff Recommendation:
Resolution approving an Agreement with American Medical Response West, Modesto, CA for reimbursement of costs for First Responder Services and authorizing the City Manager, or his designee, to execute the Agreement.
FIRE DEPARTMENT; Kevin Wise, 209-572-9590, [email protected] Consent
18. Consider accepting the Modesto Police Department’s annual Military Equipment report, approving an Ordinance re-authorizing the department’s Military Equipment Use Policy (Policy 710) and authorizing the purchasing additional equipment that qualifies as “military equipment” in Fiscal Year 2025-2026. (Funding Source: General Fund, Supplemental Law Enforcement Services Fund, Asset Forfeiture Funds, and/or Police Grant Funds)
Staff Recommendation:
Motion introducing and waiving the first reading of an Ordinance approving the Modesto Police Department’s Military Equipment Use Policy (Policy 710) in accordance with CA Assembly Bill 481, and approving the purchase of additional equipment that qualifies as “military equipment” in Fiscal Year 2025-2026 and rescinding Ordinance No. 3782-C.S.
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Motion accepting the Modesto Police Department’s annual Military Equipment Report.
POLICE DEPARTMENT; Joseph Bottoms, 209-572-9500, [email protected] Consent
19. Consider approving a Purchasing Agreement with Telcion Communications Group, Turlock, CA, for ethernet switch equipment for a total amount not to exceed $2,025,000 over five years. (Funding Source: Measure L) Staff Recommendation:
Resolution approving a Purchasing Agreement with Telcion Communications Group, Turlock, CA, by utilizing the Competitive Bid Process with National Intergovernmental Purchasing Alliance (National IPA), Merced County, for ethernet switch equipment, for a three year agreement with two one-year extension options, for an annual estimated amount of $405,000, and a total amount not to exceed $2,025,000 over five years; and authorizing the Director of Finance, or her designee, to execute the Purchasing Agreement.
PUBLIC WORKS; Max Navarro, 209-571-5116, [email protected] Consent
20. Consider approving the purchase of two Internalift Screw Pumps from Evoqua Water Technologies, of Thomasville, GA, for a total amount not to exceed $3,411,840. (Funding Source: Wastewater Fund Reserves)
Staff Recommendation:
Resolution approving the Sole Source purchase from Evoqua Water Technologies, Thomasville, GA, of two Internalift Screw Pumps for an estimated cost of $2,889,553, plus $522,287 in contingency, if needed, for a total amount not to exceed $3,411,840, and authorizing the Purchasing Manager, or her designee, to issue a Purchase Order; and authorizing the Department Director or his designee to execute any Change Orders not to exceed 20% of the total purchase price.
Resolution amending the Fiscal Year 2024-25 Non-Capital Improvements Program budget to increase Project 101439 – Screw Pumps Replacement by $3,386,840, from $25,000, for a revised total amount not to exceed $3,411,840, in transfers, revenue, and discretionary expenditures, and authorizing the City Manager, or his designee, to implement the provisions of the resolution.
UTILITIES; Jeff Daniels, 209-577-6255, [email protected] Consent
21. Consider approving the purchase of 14,426 square feet of real property located at 7111 McHenry Avenue, Stanislaus County, CA for $76,500, plus $15,000 in closing costs to be used for the Del Rio Well 70 Treatment System Project. (Funding Source: Water Fund)
Staff Recommendation:
Resolution approving the purchase of 14,426 square feet of real property located at 7111 McHenry Avenue, Stanislaus County, CA owned by Larry Killian and Angelina Mary Killian, Trustees of The Killian Family Trust dated - 9 -
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August 5, 1993; and Ronald D. Setliff and Shelley R. Setliff, Trustees of The Setliff 2018 Revocable Trust dated January 5, 2018; and Lenore Catherine Setliff Chladek, a married woman as her sole and separate property; and Arnold W. Setliff and Katherine L. Setliff, Trustees of the Norma Setliff Family Trust as set forth in the Setliff Revocable Trust dated April 19, 2004 for $76,500, plus $15,000 in closing costs, to be used for the Del Rio Well 70 Treatment System Project, and authorizing the City Manager, or his designee, to execute the Purchase and Sale Agreement and all related documents required to complete the transaction.
Resolution amending the Fiscal Year 2024-25 Capital Improvement Program Budget in the amount of $91,500 to be transferred into the Project from Water Fund Reserves to fund the Del Rio Well 70 Treatment System 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
NEW BUSINESS
22. Consider reviewing, providing comment and accepting the proposed Fiscal Year 25-26 Internal Audit Work Plan. (Funding Source: Not Applicable) Staff Recommendation:
Motion accepting the FY25-26 Internal Audit Work Plan.
CITY AUDITOR; Colleen Rozillis, 206-302-6795, [email protected]
23. Consider receiving Mayor Sue Zwahlen’s Fiscal Year 2025-26 Final Budget Modifications Message per Charter Section 1303 for the Fiscal Year 2025-26 budget year (Funding Source: All City Funds)
Staff Recommendation:
Motion receiving Mayor Sue Zwahlen’s Fiscal Year 2025-26 Final Budget Modifications Message per Charter Section 1303 for the Fiscal Year 2025-26 budget year.
BUDGET; Stephan Christensen, 209-577-5390, [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.
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ADJOURNMENT
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
at by
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