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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, June 03, 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: Marvin Jacobo, City Ministry Network
City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Proclamation declaring June as LGBTQ+ 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.
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.
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Consent
2. Consider approving the minutes for the May 13, 2025 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving the minutes for the May 13, 2025 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
3. Consider approving Final Adoption of Ordinance 3795-C.S. 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) (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving Final Adoption of Ordinance 3795-C.S. 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)
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
4. Consider approving the City of Modesto Two-Year 2025 and 2026 Strategic Plan as developed in coordination with the City Council. (Funding Source: Not Applicable) Staff Recommendation:
Resolution approving the Citywide Two-Year Strategic Plan, and authorizing the City Manager, or his designee, to carry out the necessary steps to achieve the priorities identified in the Strategic Plan.
BUDGET; Stephan Christensen, 209-577-5390, [email protected] Consent
5. 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; Kaceey Culbertson, 209-571-5855, [email protected] Consent
6. Consider approving a Transient Occupancy Tax Funding Agreement with a term ending June 30, 2030, and a Modesto Tourism Marketing District Owners’ Association Agreement with Visit Modesto, Inc. with a term date ending June 30, 2034, for continued Tourism Marketing Services. (Funding Source: General Fund, Modesto Tourism Marketing District)
Staff Recommendation:
Resolution approving a Transient Occupancy Tax Funding Agreement with - 5 -
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Visit Modesto for continued Tourism Marketing Services, through June 30, 2030, and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution approving a Modesto Tourism Marketing District Owners’ Association Agreement with Visit Modesto, Inc. through June 30, 2034, and authorizing the City Manager, or his designee, to execute the Agreement.
CED; Trevin Barber, 209-860-1251, [email protected] Consent
7. Consider approving the Modesto Tourism Marketing District Assessment Rate Change by 0.5% to 1.5% effective July 1, 2025, and by 0.5% to 2.0% effective July 1, 2026. (Funding Source: Modesto Tourism Marketing District)
Staff Recommendation:
Resolution approving the Modesto Tourism Marketing District Assessment Rate Change by 0.5% to 1.5% effective July 1, 2025, and by an additional 0.5% to 2.0% effective July 1, 2026.
CED; Trevin Barber, 209-577-5244, [email protected] Consent
8. Consider accepting the Monthly Investment Report for March 2025. (Funding Source:
Various Funds)
Staff Recommendation:
Motion accepting the Monthly Investment Report for March 2025.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
Consent
9. Consider accepting an informational report on the March and April 2025 grant applications and awards. (Funding Source: Not Applicable) Staff Recommendation:
Motion accepting an informational report for March and April 2025, grant applications.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
Consent
10. Consider approving the Fiscal Year 2025-2026 Appropriation Limit, which is an annual spending limit calculation that identifies the maximum amount of appropriations for publicly funded programs. (Funding Source: Not Applicable) Staff Recommendation:
Resolution establishing the appropriation limit for the Fiscal Year 2025-2026 annual budget.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
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Consent
11. Consider approving payment of various Equipment Maintenance Agreements for Fiscal Year 2025-2026 with multiple equipment manufacturers for all City Departments, for an annual amount not to exceed $888,358. (Funding Source: Various Funds) Staff Recommendation:
Resolution approving payment of various Equipment Maintenance Agreements for Fiscal Year 2025-2026 with multiple equipment manufacturers for all City Departments, for an annual amount not to exceed $888,358; and authorizing the City Manager, or his designee, to execute Equipment Maintenance Agreements associated with the items in Exhibit A and Exhibit B.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] Consent
12. Consider approving a Memorandum of Agreement (MOA) with Oakland Fire Department for participation in California Task Force 4 of the National Urban Search and Rescue Response System. (Funding Source: General Fund) Staff Recommendation:
Resolution approving a Memorandum of Agreement (MOA) with Oakland Fire Department for participation in California Task Force 4 of the National Urban Search and Rescue Response System, and authorizing the City Manager, or his designee, to execute the agreement.
FIRE DEPARTMENT; Kevin Wise, 209-572-9590, [email protected] Consent
13. Consider approving the terms and conditions required by the California Office of Emergency Services for Reimbursement of City costs for Modesto Fire Department’s response to incidents outside of the jurisdiction. (Funding Source: Not Applicable) Staff Recommendation:
Resolution identifying the terms and conditions required by Cal OES for Reimbursement of City costs for Modesto Fire Department’s response to incidents outside of the jurisdiction.
FIRE DEPARTMENT; Kevin Wise, 209-572-9590, [email protected] Consent
14. Consider approving an Agreement with Locality Media, Inc dba First Due for Fire and EMS Software for a total amount not to exceed $525,754 for three years. (Funding Source: Emergency Medical Services Project (EMS) and Measure H Fund) Staff Recommendation:
Resolution approving an Agreement with Locality Media, Inc dba First Due for Fire and EMS Software for a total amount not to exceed $525,754 for three years and authorizing the City Manager, or his designee, to execute the Agreement.
FIRE DEPARTMENT; Kevin Wise, 209-572-9590, [email protected] Consent
15. Consider approving the payment of Software Maintenance Support Agreements for - 7 -
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Fiscal Year 2025-2026 in a total amount not to exceed $10,902,807. (Funding Source:
Information Technology Fund and Various Funds)
Staff Recommendation:
Resolution approving the payment of Software Maintenance Support Agreements for Fiscal Year 2025-2026 in a total amount not to exceed $10,902,807; and authorizing the City Manager, or his designee to execute routine renewal Agreements associated with the items in Exhibit A and Exhibit B - Software Maintenance Support Agreements for Fiscal Year 2025-2026.
IT; Dameon Booker, 209-447-1088, [email protected] Consent
16. Consider approving the renewal of the Agreement with Environmental Systems Research Institute, Inc. (ESRI) for the Small Government Enterprise License Agreement (SGEA) at $180,400 annually for a combined total amount not to exceed $541,200 over a three-year term. (Funding Source: Information Technology Fund) Staff Recommendation:
Resolution approving the Small Government Enterprise License Agreement renewal with Environmental Systems Research Institute, Inc. (ESRI) for a term of three years for a total amount not to exceed $541,200 and authorizing the City Manager, or his designee to execute the Agreement.
IT; James Dotson, 209-571-5508, [email protected] Consent
17. Consider approving the First Amendment with Carahsoft Technology Corporation (Corp.) of Reston, Virginia, for the Purchase of Software Programming increasing the Agreement amount by $49,867. (Funding Source: Solid Waste Management Fund) Staff Recommendation:
Resolution approving the First Amendment with Carahsoft Technology Corp., of Reston, Virginia, for the Purchase of Software Programming and License, increasing the Agreement amount by $49,867 to a revised total amount not to exceed $243,232 over the term of the Agreement; and authorizing the City Manager, or his designee, to execute the Amendment.
PUBLIC WORKS; Jody Strait, 209-577-6416, [email protected] Consent
18. Consider approving the First Amendment with Greentek Services, LLC, Oroville, CA, for Tree Pruning and Removal Services increasing the Agreement amount by $300,000 and Rumble Tree, Inc., Modesto, CA for Tree Removal and Stump Grinding Services for a total amount between both agreements combined not to exceed $6,389,350 over five years (Funding Source: Measure H Fund)
Staff Recommendation:
Resolution approving the First Amendments with Greentek Services, LLC, Oroville, CA, for Tree Pruning and Removal Services increasing the Agreement amount by $300,000 to a new total amount of $3,475,000 and Rumble Tree, Inc., Modesto, CA for Tree Removal and Stump Grinding Services increasing the Agreement amount by $1,594,350 for a new total of - 8 -
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$2,914,350 for a total amount between both agreements combined not to exceed $6,389,350 over five years for both Agreements and authorizing the City Manager, or his designee, to execute the Amendments.
PUBLIC WORKS; Mike Johnson, 209-342-4566, [email protected] Consent
19. Consider approving the Third Amendment with Univar Solutions USA, Kent, WA for the purchase and delivery of Sodium Hypochlorite – Liquid Chlorine increasing the Agreement amount by $330,594. (Funding Source: Water Fund) Staff Recommendation:
Resolution approving the Third Amendment with Univar Solutions USA, Kent, WA for the purchase and delivery of Sodium Hypochlorite – Liquid Chlorine increasing the Agreement amount by $330,594, to a new annual estimated amount of $189,550, a new total amount not to exceed $991,604 over five years and authorizing the City Manager, or his designee, to execute the Amendment.
UTILITIES; Manuel Martinez, 209-342-4592, [email protected] Consent
20. Consider approving the Agreements for Spoils Screening and Rock Crushing Services to California Rock Crushers, Ripon, CA and K & D Enterprises Inc., Ceres, CA, for a total combined amount not to exceed $1,608,495 over five years. (Funding Source:
Water, Wastewater and Surface Transportation Funds)
Staff Recommendation:
Resolution approving the Award of Bid and Purchasing Agreements for Spoils Screening and Rock Crushing Services to California Rock Crusher, Ripon, CA and K & D Enterprises Inc., Ceres, CA, for a two-year Agreement with three one-year extension options, for a combined annual estimated amount of $300,000 and a total combined amount not to exceed $1,608,495 over five years; authorizing the Director of Finance to adjust Agreement totals between vendors based on contractor availability and department needs, ensuring the combined total amount does not change; and authorizing the City Manager, or his designee, to execute the Agreements.
UTILITIES; Manuel Martinez, 209-342-4592, [email protected] Consent
21. Consider approving the Agreements for the Hauling of Non-Hazardous Brine with B & B Harvesting, Inc. dba Cal Valley Trucking, Modesto, CA, and Sun Valley Transport, Inc., Hughson, CA, for a total combined amount not to exceed $804,260 over five years. (Funding Source: Water Fund)
Staff Recommendation:
Resolution approving the Award of Bid and Agreements for the Hauling of Non-Hazardous Brine with B & B Harvesting, Inc. dba Cal Valley Trucking, Modesto, CA, and Sun Valley Transport, Inc., Hughson, CA, for a two year Agreement with three one-year extension options, for an estimated annual amount of $150,000 and a total combined amount not to exceed $804,260 over - 9 -
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five years; giving the Director of Finance, or her designee, the authority to adjust Agreement totals between vendors based on contractor availability and department needs; and authorizing the City Manager, or his designee, to execute the Agreements.
UTILITIES; Manuel Martinez, 209-342-4592, [email protected]
COUNCIL COMMENTS & REPORTS
CITY MANAGER COMMENTS & REPORTS
HEARINGS
Published in the Modesto Bee on May 23, 2025.
22. Hearing to consider an Informational Report of vacancies, recruitment, and retention efforts to comply with Assembly Bill 2561. (Funding Source: Not Applicable) Staff Recommendation:
Motion accepting the Informational Report on vacancy rates, recruitment, and retention efforts to comply with Assembly Bill 2561.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] Published in the Modesto Bee on May 23, 2025.
23. Hearing to consider and approve the Final Proposed Fiscal Year 2025-26 Operating and Multi-Year Non-Capital Budgets and Capital Improvement Program for the City and related Resolutions. (Funding Source: All City Funds) Staff Recommendation:
Resolution approving the adoption of the Fiscal Year 2025-26 Annual and Multi-Year Non-Capital Operating Budgets and the 2025-26 Capital Improvement Program for the City of Modesto and the related Inter-Fund Transfers.
Resolution approving the Budget Principles, and the Operating Budget Policy as Outlined in the Fiscal Year 2025-26 Final Proposed Budget. Resolution amending the Position Classification Plan for the City of Modesto to create new classifications and amend existing classifications. Resolution amending the Position Allocation for Fiscal Year 2025-26 as adopted in the Operating Budget.
BUDGET; Kaceey Culbertson, 209-571-5855, [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
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