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6/10/2025 5:30:00 PM
*Via Teleconference
Councilmember Escutia-Braaton
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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 10, 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: Darrell Cummings, Christ Community Church
City Clerk’s Announcements
Declaration of Conflicts of Interest
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Proclamation declaring June 19th as Juneteenth. (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.
Consent
2. Consider approving the minutes for the June 3, 2025 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
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Motion approving the minutes for the June 3, 2025 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
3. Consider accepting the update on the 2020-2025 Blight Abatement Strategy and adopting the 2025-2027 Blight Abatement Strategy. (Funding Source: Not Applicable) Staff Recommendation:
Resolution approving the 2025-2027 Blight Abatement Strategy for adoption.
CITY MANAGER; Allison Van Guilder, 209-571-5571, [email protected] Consent
4. Consider approving an Agreement with Downtown Streets Team (DST) for an annual amount of $500,000 and a total amount not to exceed $1,000,000 for job training and rapid rehousing services for a two year term. (Funding Source: Litter Abatement Fund, State Funds)
Staff Recommendation:
Resolution approving an Agreement with Downtown Streets Inc. (DST) for job training and rapid re-housing services for an annual amount of $500,000 and a total amount not to exceed $1,000,000 for a two year term, and authorizing the City Manager, or his designee, to execute the Agreement. Resolution amending the fiscal year 2024-25 annual operating fund budgets and creating a multi-year project in the amount of $1,100,000 to appropriate the funds for the agreement with Downtown Streets Inc. for job training and rapidrehousing services and city activity delivery in the amount of $100,000 for a total amount not to exceed $1,100,000 and authorizing the City Manager, or his designee, to take the necessary steps to implement the provisions of this Resolution.
CED; Edgar Garcia, 209-571-5101, [email protected] Consent
5. Consider approving an Agreement with the State of California Department of Housing and Community Development for the acceptance of Encampment Resolution Funding Program in the amount of $5,757,847 and approving sub-awards to Modesto Gospel Mission for $1,491,967 and Salvation Army for $669,167. (Funding Source:
Encampment Resolution Funding)
Staff Recommendation:
Resolution approving an Agreement with the State of California Department of Housing and Community Development for the acceptance of Encampment Resolution Funding Program in the amount of $5,757,847, and authorizing the City Manager to execute Agreements and submit applicable documents as required by the State, and authorizing the City Manager to negotiate and execute Agreements for the allocation of sub-awards to Modesto Gospel Mission for $1,491,967 and Salvation Army for $699,167 to carry out the provisions of this Resolution.
Resolution amending the Fiscal Year 2024-25 Annual Operating and NonCapital Project fund budgets to establish the revenue, expenditures, and - 5 -
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transfers for Project #101663 in the amount of $5,757,847 to appropriate funds for the Encampment Resolution Funding Program and authorizing the City Manager, to take the necessary steps to implement the provisions of this Resolution.
CED; Edgar Garcia, 209-577-5211, [email protected] Consent
6. Consider approving an Agreement with Turning Point Community Programs, Rancho Cordova, California to administer a short-term Motel Voucher Program that assist individuals experiencing homelessness in an amount not to exceed $200,000. (Funding Source: Measure H)
Staff Recommendation:
Resolution approving an Agreement with Turning Point Community Programs, Rancho Cordova, California to administer a Motel Voucher Program to assist individuals experiencing homelessness in an amount not to exceed $200,000, and authorizing the City Manager, or his designee, to execute the Agreement.
CED; Edgar Garcia, 209-571-5101, [email protected] Consent
7. Consider approving a Resolution of Intention to form the City of Modesto Community Facilities District (CFD) No. 2025-2 (Village One Triangle), an area bounded by Claus Road, East Briggsmore Avenue, and the railroad along North Santa Fe Avenue, and to designate certain parcels as future annexation areas for the CFD No. 2025-2. (Funding Source: Developer Deposit)
Staff Recommendation:
Resolution of Intention to form City of Modesto Community Facilities District (CFD) No. 2025-2 (Village One Triangle), an area bounded by Claus Road, East Briggsmore Avenue, and the railroad along North Santa Fe Avenue, and to designate certain parcels as future annexation areas for the CFD No. 2025-2 and authorize the Levy of Special Tax within CFD. No. 2025-2.
CED; Edgar Garcia, 209-577-5211, [email protected] Consent
8. Consider approving an Ordinance amending Section 8-10.102 “Membership of Commission” of Title 8, Chapter 10, “Citizens’ Transportation Sales Tax Commission” and a Resolution amending the bylaws relating to membership requirements. (Funding Source: Not Applicable)
Staff Recommendation:
Motion introducing and waiving the first reading of an Ordinance amending Section 8-10.102 “Membership of Commission” of Title 8, Chapter 10, “Citizens’ Transportation Sales Tax Commission”.
Resolution amending the Citizens’ Transportation Sales Tax Commission bylaws relating to membership requirements.
ENGINEERING SERVICES; Toby Wells, 209-571-5542, [email protected] - 6 -
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Consent
9. Consider accepting the State Route 99/Pelandale Interchange Reconstruction Phase II – Pelandale Avenue and Sisk Road, CML 5059(258) Project as complete, releasing securities, releasing payments totaling $1,798,161 to United Pavement Maintenance, Inc., of Hughson, CA, and authorizing the City Clerk to file a Notice of Completion. (Funding Source: Congestion Mitigation and Air Quality (CMAQ) and Streets Capital Facilities Fees (CFF))
Staff Recommendation:
Resolution accepting the State Route 99/Pelandale Interchange Reconstruction Phase II – Pelandale Avenue and Sisk Road, CML 5059(258) Project, releasing securities, releasing payments totaling $1,798,161 to United Pavement Maintenance, Inc., of Hughson, CA, and authorizing the City Clerk to file a Notice of Completion.
ENGINEERING SERVICES; Peter Kambel, 209-577-5444, [email protected] Consent
10. Consider accepting the Grayson Well 69 (Replacing Well 274) Project as complete, releasing securities, releasing payments totaling $3,059,859 to W.M. Lyles Co., of Fresno CA, and authorizing the City Clerk to file a Notice of Completion. (Funding Source: Water Fund)
Staff Recommendation:
Resolution accepting the Grayson Well 69 (Replacing Well 274) Project as complete, releasing securities, releasing payments totaling $3,059,859 to W.M.
Lyles Co., of Fresno CA, and authorizing the City Clerk to file a Notice of Completion.
ENGINEERING SERVICES; Pete Kambel, 209-577-5444, [email protected] Consent
11. Consider approving the updates to the City’s Debt Management Policy. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution approving the updates to the City’s Debt Management Policy.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
Consent
12. Consider approving the updates to the City’s Investment Policy. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution approving the updates to the City’s Investment Policy.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
Consent
13. Consider accepting an Informational Report for the April 2025 Accounts Payable Payment Register and Void Report. (Funding Source: Not Applicable) - 7 -
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Staff Recommendation:
Motion accepting an Informational Report for the April 2025 Accounts Payable Payment Register and Void Report.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
Consent
14. Consider approving the purchase for two Fleet Additions and Replacements for Fleet Vehicles which includes one Wirtgen W120Fi-FCS Pavement Grinder and one Vactor 2100i Fan Truck in the amount not to exceed $1,774,706. (Funding Source: Fleet Replacement Fund and Sewer)
Staff Recommendation:
Resolution approving the Competitive Bidding Process from Sourcewell to Wirtgen America, Inc., Antioch, TN under the authorized dealer, Nixion-Egli Equipment Company, Tracy, CA for the purchase of one Wirtgen W120Fi-FCS Pavement Grinder for an amount not to exceed $797,910; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any Change Orders not to exceed 15% of the total purchase price.
Resolution approving the Competitive Bidding Process from Sourcewell to Vactor Manufacturing, Streator, IL under the authorized dealer, Owen Equipment, Fairfield, CA for the purchase of one Vactor 2100i Fan Truck for an amount not to exceed $745,310; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any Change Orders not to exceed 15% of the total purchase price.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] Consent
15. Consider accepting the Final Report of the Employment after Retirement Review conducted by California Public Employees’ Retirement System (CalPERS). (Funding Source: Various Funds)
Staff Recommendation:
Motion accepting the Final Report of the Employment after Retirement Review conducted by California Public Employees’ Retirement System (CalPERS).
HUMAN RESOURCES; Dawn Kelley, 209-577-5490, [email protected] Consent
16. Consider approving an Agreement with Nynox Solutions, Princeton, NJ, to implement and support an AI-powered search engine for a total amount not to exceed $255,000 over three years. (Funding Source: Information Technology Funds) Staff Recommendation:
Resolution approving an Agreement with Nynox Solutions, Princeton, NJ, to implement and support an AI-powered search engine for a total amount not to exceed $255,000 over three years; and authorizing the City Manager, or his designee, to execute the Agreement.
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IT; Dameon Booker, 209-571-5229, [email protected] Consent
17. Consider approving an Agreement with InTime Solutions, Ferndale, WA, for Scheduling and Time-Keeping Management Software for ongoing Maintenance and Support Services for a total amount not to exceed $278,377 over five years. (Funding Source: General Fund)
Staff Recommendation:
Resolution approving an Agreement with InTime Solutions, Ferndale, WA, for Scheduling and Time-Keeping Management Software for a five-year Agreement for an estimated amount of $267,670, with a 4% contingency in the amount of $10,707, for total amount not to exceed $278,377; and authorizing the City Manager, or his designee, to execute the Agreement.
POLICE DEPARTMENT; Jessica Smart, 209-572-9500, [email protected] Consent
18. Consider approving adjustments to various Airport rates and fees for specific activities and services at the Modesto City-County Airport, effective July 1, 2025, rescinding Resolution No. 2024-183. (Funding Source: Airport Operating Revenue) Staff Recommendation:
Resolution approving adjustments to various Airport rates and fees for specific activities and services at the Modesto City-County Airport (Airport), effective July 1, 2025, and rescinding resolution No: 2024-183.
PUBLIC WORKS; Marisol Navarro, 209-577-5319, [email protected] Consent
19. Consider approving an Amended Department of Water Resources 2021 Urban and Multibenefit Drought Relief Grant Program Award of $2,500,000 for the Well 312 Treatment System and Flush Line Project and authorizing a First Amendment to the Local Project Sponsor Agreement with Contra Costa Water District. (Funding Source:
Water Fund)
Staff Recommendation:
Resolution approving the Department of Water Resources Amended 2021 Urban and Multibenefit Drought Relief Grant Program Award of $2,500,000 for the Well 312 Treatment System and Flush Line Project, approving an Amended Local Project Sponsor Agreement with Contra Costa Water District, and authorizing the City Manager, or his designee, to execute the Amended Agreement.
Resolution amending the Fiscal Year 2024-25 Capital Improvement Program Budget in the amount of $1,500,000 in order to accept an Amended Grant Award from the Department of Water Resources and Authorizing the City Manager, or his designee, to implement the provisions of the Resolution.
UTILITIES; Edgar Vargas, 209-577-5424, [email protected] Consent
20. Consider approving the Plans and Specifications for the 2018-2019 Lift Station - 9 -
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Improvements Project, accepting the Bid, and Awarding a Construction Contract to TSI Engineering, Inc., of North Highlands, CA, in the amount of $2,403,786, authorizing 20% in contingency (if needed), for a total payment amount not to exceed $2,884,544. (Funding Source: Wastewater Fund)
Staff Recommendation:
Resolution approving the Plans and Specifications for the 2018-2019 Lift Station Improvements Project; accepting the Bid and Awarding a Construction Contract to TSI Engineering Inc., of North Highlands, CA, in the amount of $2,403,786, authorizing the Director of Engineering Services to approve Change Orders up to the cumulative amount of $480,758, 20% of the original contract price, for a total payment amount not to exceed $2,884,544 and authorizing the City Manager, or his designee, to execute the Contract. Resolution amending the Fiscal Year 2024-25 Capital Improvement Program Budget in the amount of $2,346,844 to fund the Construction Phase of the 2018-2019 Lift Station Improvements Project and authorizing the City Manager, or his designee, to implement the provisions of the Resolution.
UTILITIES; Peter Barberis, 209-571-5544, [email protected]
COUNCIL COMMENTS & REPORTS
CITY MANAGER COMMENTS & REPORTS
HEARINGS
Published in the Modesto Bee on May 21, 2025.
21. Hearing to consider approving an Amendment to the Modesto Urban Area General Plan for an increase in residential densities, an Amendment to Title 10 of the Modesto Municipal Code for the increase of residential densities, allowance of duplexes on all lots in the low density residential (R-1) zones, and adoption of a Programmatic Environmental Impact Report for the Modesto Urban Area General Plan. (Funding Source: General Fund)
Staff Recommendation:
Resolution approving an Amendment to the Modesto Urban Area General Plan to amend the densities of residential zones and certifying the final Environmental Impact Report.
Motion introducing and waiving the first reading of an Ordinance amending Title 10 (Zoning Regulations) of the Modesto Municipal Code, amending Chapter 2 (Definitions), Article 1 (Definitions); Chapter 3 (Land Use Regulations), Article 1 (Permitted and Conditional Land Uses); Chapter 3, Article 2 (Specific Land Use Regulations); Chapter 4 (Development Standards), Article 1 (Residential Zones); and Chapter 4, Article 5 (Accessory Dwelling Units).
CED; Michael Hren, 209-577-5273, [email protected]
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Published in the Modesto Bee on May 21, 2025. - Item requested to be continued to June 24, 2025 Council meeting.
22. Hearing to consider approving an Amendment to the Modesto Urban Area General Plan to change the land use of approximately 70 acres from Business Park (BP) to Residential (R); approving the Founders Point East Specific Plan, for the development of 220 acres located northeast of the Pelandale Avenue and Tully Road Intersection; approving the filing of an application to the Stanislaus County Local Agency Formation Commission for the Founders Point East Reorganization to the City of Modesto; approving an Ordinance amending Section 5-3-9 of the Zoning Map of the City of Modesto to prezone The Founders Point East Specific Plan to the Specific Plan (P-SP) Zone; and adopting a Mitigated Negative Declaration for these actions (Fitzpatrick Land Development, LLC) (Funding Source: Application Fees) Staff Recommendation:
Motion to continue item to June 24, 2025.
CED; Katharine Martin, 209-577-5465, [email protected] Published in the Modesto Bee on May 21, 2025. - Item removed from the agenda and will return at a future date.
23. Hearing to consider introduction and waiving the first reading of an Ordinance to amend Section 25-3-8 of the Zoning Map to rezone 0.31 acres located at 1600 Kansas Avenue from Highway Commercial (C-3) Zone to Planned Development Zone P-D (616), and to prezone 0.66 acres located at 1604 Kansas Avenue to Prezone Planned Development Zone, P-P-D(616); approving a Pinpoint Plan for 1600 and 1604 Kansas Avenue; approving the filing of an application to the Stanislaus Local Agency Formation Commission for the reorganization of approximately 0.66 acres located at 1604 Kansas Avenue for annexation to the City of Modesto; adopt a finding that the Proposed Prezone and Rezone and Annexation to Facilitate the development of a new automatic car wash facility at 1600 and 1604 Kansas Avenue is within the scope of the Modesto Urban Area General Plan Master EIR (SCH 2014042081). (Funding Source:
Developer Application Fees)
Staff Recommendation:
Item removed from the agenda and will return at a future date.
CED; Katharine Martin, 209-577-5465, [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
date time signature