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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 13, 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, - 3 -
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programs, or activities. For more information, please visit the City of Modesto website at https://www.modestogov.com/865/Americans-with-Disabilities-Act-ADA 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: Jeremy Brown, Chaplain from Doctors Medical Center City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Proclamation declaring May 19th, 2025 as George Wallace Day in honor of the Modesto Fire Department’s 150th Anniversary. (Funding Source: Not Applicable) FIRE DEPARTMENT; Jessica Hampton, 209-342-4555, [email protected]
2. Proclamation declaring May 17th - 18th, 2025 as Relay for Life Days. (Funding Source: Not Applicable)
CITY COUNCIL; Breanna Griffin, 209-577-5421, [email protected]
3. Proclamation declaring May 18th - 24th as National Public Works Week for 2025. (Funding Source: Not Applicable)
CITY COUNCIL; Breanna Griffin, 209-577-5421, [email protected]
MISCELLANEOUS
Legislation, Appointments, Other
4. Consider accepting the resignation of Larry Sanders from the Citizen’s Housing and Community Development Committee. (Funding Source: Not Applicable) Staff Recommendation:
Resolution accepting the resignation of Larry Sanders from the Citizen’s Housing and Community Development Committee.
CED; Edgar Garcia, 209-571-5101, [email protected]
PUBLIC COMMENT IN PERSON
Three-minute time limit per speaker.
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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 May 6, 2025 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving the minutes for the May 6, 2025 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
6. Consider approving Final Adoption of Ordinance 3794-C.S. 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. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving Final Adoption of Ordinance 3794-C.S. 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.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
7. Consider approving the Third Amendment with CGI Technology and Solutions Inc., for the Software as a Service (SaaS) Agreement for the City of Modesto’s CGI Advantage Budget Software increasing the total Agreement amount by $60,500. - 5 -
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(Funding Source: All City Funds)
Staff Recommendation:
Resolution approving the Third Amendment with CGI Technology and Solutions Inc., for the Software as a Service (SaaS) Agreement for the City of Modesto’s CGI Advantage Budget Software increasing the Agreement amount by $60,050 for a revised total amount not to exceed $1,675,850; and authorizing the City Manager or his designee to execute the Amendment.
BUDGET; Steve Christensen, 209-577-5390, [email protected] Consent
8. Consider and review the Draft Budget as submitted by the City Manager with the Mayor’s Final Budget Modifications and combining the documents into the Proposed Budget for Fiscal Year 2025-26 and noticing a public hearing to be held on June 3, 2025, for Council’s consideration and adoption of the Fiscal Year 2025-26 Proposed Budget and related actions. (Funding Source: All City Funds) Staff Recommendation:
Resolution combining the City Manager’s Draft Budget and the Mayor’s Final Budget Modifications into the Proposed Budget for Fiscal Year 2025-26 and noticing a public hearing to be held on June 3, 2025, for Council’s consideration and adoption of the Fiscal Year 2025-26 Proposed Budget and related actions.
BUDGET; Steve Christensen, 209-577-5390, [email protected] Consent
9. 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
10. Consider a Cooperative Agreement with Caltrans for the Project Approval and Environmental Document (PA&ED) Phase of the Briggsmore Avenue at State Route
99. (Funding Source: Measure L and Regional Surface Transportation Program (RSTP))
Staff Recommendation:
Resolution approving a Cooperative Agreement with Caltrans for the Project Approval and Environmental Document (PA&ED) Phase of the Briggsmore Avenue at State Route 99 and authorizing City Manager, or his designee, to execute the Cooperative Agreement.
ENGINEERING SERVICES; Toby Wells, 209-571-5542, [email protected] - 6 -
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Consent
11. Consider accepting the River Trunk Realignment Gravity System Project Rebid as complete, releasing securities, releasing payments totaling $22,185,635 to Ranger Pipelines, Inc., of San Francisco CA, and authorizing the City Clerk to file a Notice of Completion. (Funding Source: Wastewater Fund)
Staff Recommendation:
Resolution accepting the River Trunk Realignment Gravity System Project Rebid as complete, releasing securities, releasing payments totaling $22,185,635 to Ranger Pipelines, Inc., of San Francisco CA, and authorizing the City Clerk to file a Notice of Completion.
ENGINEERING SERVICES; Pete Kambel, 209-577-5444, [email protected] Consent
12. Consider approving the Plans and Specifications for the 2024 Park Security Lighting Project, accepting the Bid and Awarding a Construction Contract to Modesto Executive Electric, Inc. of Modesto, CA, in the amount not to exceed $781,195. (Funding Source: Measure H)
Staff Recommendation:
Resolution approving the Plans and Specifications for the 2024 Park Security Lighting Project, accepting the Bid and Awarding a Construction Contract to Modesto Executive Electrical, Inc. of Modesto, CA., in the amount of $697,495, authorizing $83,700, for contingency (if needed), for a total payment amount not to exceed $781,195, and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution amending the Fiscal Year 2024-25 Capital Improvement Program budget to fund Project #101518 (Preventative Maintenance – Measure H), Project #101517 (Deferred Maintenance – Measure H) and Project #101602 (24/25 Preventative Maintenance – Measure H) in an amount not to exceed $208,844 in transfers, revenue, and to budget expenditures to fund the project, and authorizing the City Manager, or his designee, to implement the provisions of this resolution.
ENGINEERING SERVICES; Nathan Houx, 209-571-5526, [email protected] Consent
13. Consider amending the Annual Commercial Cannabis Permit Fees and Application Fee for operational and non-operational approved Cannabis businesses, reestablishing the Cannabis Application Permit Fee as a refundable deposit and adopting the Commercial Cannabis Business Modification Request Deposits for changes in ownership and location. (Funding Source: Cannabis Fund)
Staff Recommendation:
Resolution adopting an Amendment to the Annual Commercial Cannabis Permit Fee for City approved business, approving the Operational Annual Commercial Cannabis Permit Fee with an annual cost of $22,821 and the Nonoperational Annual Commercial Cannabis Permit Fee with an annual cost of $3,991.
Resolution approving an amendment to the Commercial Cannabis Permit - 7 -
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Application Fee adjusting the fee to a $6,380 refundable deposit. Resolution adopting Commercial Cannabis Business Modification Request deposits in the amount of $2,000 for changes in ownership and $5,000 for changes in location.
FINANCE DEPARTMENT; Gina Brown, 209-577-5381, [email protected] Consent
14. Consider accepting an Informational Report on the January and February 2025 Grant Applications and Awards. (Funding Source: Not Applicable) Staff Recommendation:
Motion accepting an Informational Report for January and February 2025, Grant Applications.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
Consent
15. Consider accepting an Informational Report for the March 2025 Accounts Payable Payment Register and Void Report. (Funding Source: Not Applicable) Staff Recommendation:
Motion accepting an Informational Report for the March 2025 Accounts Payable Payment Register and Void Report.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
Consent
16. Consider amending the Culture Commission bylaws. (Funding Source: General Fund) Staff Recommendation:
Resolution amending the Culture Commission bylaws.
PRN; Diane Sheatsley, 209-577-5418, [email protected] Consent
17. Consider approving a Service Agreement with Trinity Rivard, Tampa, FL for the installation of the 150th Anniversary Mural in the amount of $25,000. (Funding Source: General Fund - Project 100880 - Art in Public Places) Staff Recommendation:
Resolution approving a Service Agreement with Trinity Rivard, Tampa, FL for the installation of the 150th Anniversary Mural in the amount of $25,000, and authorizing the City Manager, or his designee, to execute the Agreement.
PRN; Diane Sheatsley, 209-577-5418, [email protected]
COUNCIL COMMENTS & REPORTS
CITY MANAGER COMMENTS & REPORTS
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HEARINGS
Published in the Modesto Bee on April 23, 2025
18. Hearing to consider a proposed Amendment to the Modesto Urban Area General Plan; Specific Plan Amendment No. 4 to the Tivoli Specific Plan; and Exceptions from the Tivoli Specific Plan’s development and design standards for the Martin Property (NRB Investments, LLC). (Funding Source: Developer Fees)
Staff Recommendation:
Resolution amending the Modesto Urban Area General Plan to Amend the Land Use Element to change 12.66 acres from Regional Commercial uses to Residential uses. (NRB Investments, LLC).
Resolution approving Specific Plan Amendment No. 4 to the Tivoli Specific Plan, and exceptions to the design standards for reduced setbacks and lot sizes for lots. (NRB Investments, LLC).
CED; Michael Hren, 209-577-5273, [email protected]
Published in the Modesto Bee on April 23, 2025
19. Hearing to consider the adoption of a proposed Development Agreement between the City of Modesto and DASCO Olivewood LLC regarding Area Plan No. 6 of the Tivoli Specific Plan. (Funding Source: Developer Funded)
Staff Recommendation:
Resolution approving that the following subsequent project is within the scope of the Tivoli Specific Plan Final Environmental Impact Report (SCH 2005072125): Development Agreement by and between the City of Modesto and DASCO Olivewood LLC regarding Area Plan No. 6 of the Tivoli Specific Plan.
Motion introducing and waiving the first reading of an Ordinance approving a Development Agreement by and between the City of Modesto and DASCO Olivewood LLC regarding Area Plan No. 6 of the Tivoli Specific Plan. (DASCO Olivewood LLC and City of Modesto).
CED; Katharine Martin, 209-577-5465, [email protected] Published in the Modesto Bee on April 30, 2025.
20. Hearing to consider a relocation request of CR & D Inc. from 439 Maze Boulevard to 1313 McHenry Avenue. (Funding Source: Cannabis Permit Application Fee) Staff Recommendation:
Resolution approving the relocation request of CR & D Inc. from 439 Maze Boulevard to 1313 McHenry Avenue with the granting of a residential proximity waiver.
CED; Sean Rando, 209-577-5473, [email protected]
Published in the Modesto Bee on April 30, 2025.
21. Hearing to consider a relocation request of McHenry Business Services LLC from 500 East Glenn Avenue to 1300 North Carpenter Road Suite E and F. (Funding Source:
Cannabis Permit Application Fee)
Staff Recommendation:
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Resolution approving the relocation request of McHenry Business Services LLC from 500 East Glenn Avenue to 1300 North Carpenter Road Suite E and F.
CED; Sean Rando, 209-577-5473, [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
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