- 1 -
9/23/2025 5:30:00 PM
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, September 23, 2025 at 5:30 PM
Special City Council – Closed Session Meeting 3:00 p.m.
Roll Call - Present: Councilmembers Alvarez (Arrived at 3:05pm), Bavaro, EscutiaBraaton, Ricci, Williams, Wright, Mayor Zwahlen
Absent: None
Regular City Council Meeting 5:30 p.m.
Roll Call- Present: Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
Absent: None
Pledge of Allegiance to the Flag
Invocation: Pastor Devon Martinez, Good Life Church
City Clerk’s Announcements: None
Declaration of Conflicts of Interest: Williams – Item 10 Reports from Closed Session: No Reportable Action
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Proclamation declaring October 5th - 11th as National Fire Prevention Week. (Funding Source: Not Applicable)
CITY COUNCIL; Breanna Griffin, 209-577-5421, [email protected] - 2 -
9/23/2025 5:30:00 PM
ACTION: Mayor Zwahlen presented proclamation declaring October 5th - 11th as National Fire Prevention Week.
2. Proclamation declaring October as National Domestic Violence Awareness Month. (Funding Source: Not Applicable)
CITY COUNCIL; Breanna Griffin, 209-577-5421, [email protected] ACTION: Mayor Zwahlen presented proclamation declaring October as National Domestic Violence Awareness Month.
3. Proclamation declaring Saturday, September 27, 2025 as Lowrider History Day in the City of Modesto. (Funding Source: Not Applicable)
CITY COUNCIL; Breanna Griffin, 209-577-5421, [email protected] ACTION: Mayor Zwahlen presented proclamation declaring Saturday, September 27, 2025 as Lowrider History Day in the City of Modesto.
4. Proclamation recognizing Storm Water Awareness Week, California Water Professionals Week, and Imagine a Day without Water 2025 under One Water Modesto. (Funding Source: Not Applicable)
CITY COUNCIL; Breanna Griffin, 209-577-5421, [email protected] ACTION: Mayor Zwahlen presented proclamation recognizing Storm Water Awareness Week, California Water Professionals Week, and Imagine a Day without Water 2025 under One Water Modesto.
MISCELLANEOUS
5. Consider accepting the resignation of Lupe Hodges from the Culture Commission. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution accepting the resignation of Lupe Hodges from the Culture Commission.
PRN; Jessica Flores, 209-577-5366, [email protected] ACTION: (Wright/Alvarez; 7/0) Resolution 2025-332 accepting the resignation of Lupe Hodges from the Culture Commission.
6. Consider accepting the resignations of Melanie Webb and Melissa Burgess from the Blight Abatement Advisory Committee and vacating their positions. (Funding Source:
Not Applicable)
Staff Recommendation:
Resolution accepting the resignations of Melanie Webb and Melissa Burgess from the Blight Abatement Advisory Committee and vacating their positions.
PUBLIC WORKS; Jody Strait, 209-577-6416, [email protected] - 3 -
9/23/2025 5:30:00 PM
ACTION: (Alvarez/Williams; 7/0) Resolution 2025-333 accepting the resignations of Melanie Webb and Melissa Burgess from the Blight Abatement Advisory Committee and vacating their positions.
PUBLIC COMMENT IN PERSON
Ryann Hall, Cal Pride’s Communications Director, urged the Modesto City Council to quickly repeal the Mask Ordinance, calling it unconstitutional, discriminatory, and harmful to free speech. Hall stressed the need for immediate action following the Review Board’s recommendation and reaffirmed Cal Pride’s commitment to accountability and community rights.
Harlan Diven, a Modesto resident and attorney, urged the City Council to repeal the Mask Ordinance, calling it vague, overbroad, and harmful to privacy and First Amendment rights. She highlighted disturbing arrests tied to its enforcement, stressed that the community has consistently opposed the Ordinance for months, and asked the Council to take the Review Board’s recommendation seriously and agendize repeal without delay.
Terhesa Gamboa, chair of Woodland West Community, shared highlights from their recent Family Fun Day, thanking City staff, law enforcement, and Councilmembers for their support. She announced upcoming community meetings about the Mister Car Wash project and a Neighborhood Watch meeting and concluded by voicing support for keeping the mask mandate in place.
Julissa, representing the Central Valley BIPOC Coalition, urged the City Council to repeal the mask Ordinance, calling it outdated, discriminatory, and harmful. She cited abusive arrests of community members, including unhoused youth, and stressed the lasting financial and emotional impacts. She also called for reparative action and asked the Council to follow the Review Board’s recommendation without delay. Cameron Perez, a family medicine resident representing fellow union members, asked the City Council to support fair contract negotiations with VCM. He noted reduced residency slots, poor scheduling practices, and uncompetitive pay that discourage Doctors from staying in Stanislaus County. Perez urged the Council to recognize residents as vital to the community’s healthcare future and to back efforts for safer conditions and stronger retention.
Mary Rodgers, a longtime Modesto resident, urged the City Council to repeal the Mask Ordinance without further surveys, citing the Review Board’s thorough recommendation and months of community input. She argued the Ordinance undermines personal freedoms, criticized enforcement tactics, and stressed the urgency of protecting residents’ rights to dissent and assemble. - 4 -
9/23/2025 5:30:00 PM
Steve expressed his belief that the City Council is not supporting true police accountability, accusing them of protecting systemic violence and disrespecting victims’ families. He voiced his frustration with the Police Chief’s comments at the Community Police Review Board, calling it controlled opposition, and urged the Council to agendize a reexamination of Municipal Code 2302 at the next meeting. Nora Garcia, a downtown Modesto resident, supported repealing the mask ban, rejecting safety concerns raised by the Police Chief. She said protests posed less hardship than City actions and police enforcement and argued that upholding the Ordinance undermines free expression without making downtown safer. She urged the Council to agendize its repeal promptly.
Maria Hernandez, Business and Community Development Manager at Stanislaus Equity Partners, announced a business meeting for owners in the 95351-zip code to discuss workforce needs and support for business growth. The meeting will be held Thursday, October 2nd at 5:30 p.m. at the Self-Help Federal Credit Union, with Spanish-language access provided.
A speaker expressed appreciation for the City Council’s recognition of Hispanic Heritage Month. Using humor, they referenced iconic Latino characters to critique the Modesto anti-mask Ordinance, illustrating how ordinary people lack the means to resist police enforcement and could face arrest for minor actions. Lara, a Modesto resident, called on the City Council to repeal the Mask Ordinance, citing its selective enforcement against marginalized groups and its suppression of free speech, warning that continued inaction undermines public trust. A speaker urged the City Council to repeal the mask mandate, arguing it enables selective targeting of vulnerable groups, ignores the Police Oversight Committee’s unanimous recommendation, and undermines the Council’s accountability to constituents.
Madison Condit urged the City Council to place a repeal of the Mask Ordinance on the October 14th agenda, criticizing the Police Chief’s opposition as a power move and emphasizing that the Community Police Review Board’s recommendation reflects the community’s interests.
Ann Marie, a Modesto resident, demanded that Municipal Code 4.23.02, section 13, be added to the next City Council agenda for repeal, stating that it’s a violation of First Amendment rights and believes its used to target community members at protests. She emphasized the ongoing emotional and practical impact on those affected and urged the Council to act.
Suzanne Gonzalez, a Modesto resident, urged the repeal of the Mask Ordinance, citing racial disparities in police treatment at protests she attended. - 5 -
9/23/2025 5:30:00 PM
Jerry Thompson informed the City Council about the Lowrider Holiday on September 27th, highlighting it as a cultural exhibit featuring lowrider cars, mariachi and Aztec dancing, and local Latino artwork, emphasizing its celebration of Latino cultural history.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS: 7-9, 11-13, 15-18 (Bavaro/Alvarez; 7/0)
CONSENT
Consent
7. Consider approving the minutes for the September 9, 2025 Council Meeting. (Funding Source: Not Applicable)
Motion approving the minutes for the September 9, 2025 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Bavaro/Alvarez; 7/0) Motion approving the minutes for the September 9, 2025 Council Meeting.
Consent
8. Consider declaring specified City-Owned Properties as Exempt Surplus Land, directing the City Manager or his designee to negotiate the conveyance of such properties in accordance with the Surplus Land Act. (Funding Source: Various Funds) Resolution declaring specified City-Owned Properties as Exempt Surplus Land and directing the City Manager or his designee to negotiate the conveyance of such properties in accordance with the Surplus Land Act.
CITY MANAGER; Scotty Douglass, 209-571-5571, [email protected] ACTION: (Bavaro/Alvarez; 7/0) Resolution 2025-334 declaring specified CityOwned Properties as Exempt Surplus Land and directing the City Manager or his designee to negotiate the conveyance of such properties in accordance with the Surplus Land Act.
Consent
9. Consider approving a First Amendment to the Agreements with Bender Rosenthal Inc., Thompson & Thompson Real Estate Valuation and Consulting Inc and Hulberg & Associates dba Valbridge Property Advisors for Commercial and Residential Real Estate Appraisal Services increasing the Agreement amounts by $17,000 each. (Funding Source: Various Funds)
Resolution approving a First Amendment to the Agreements with Bender Rosenthal Inc., Thompson & Thompson Real Estate Valuation and Consulting Inc and Hulberg & Associates dba Valbridge Property Advisors for Commercial and Residential Real Estate Appraisal Services, increasing the Agreement amounts by $17,000 for each consultant and a revised combined total amount not to exceed $150,000 over three years and authorizing the City Manager, or his designee, to execute the Amendments.
CITY MANAGER; Scotty Douglass, 209-571-5571, [email protected] - 6 -
9/23/2025 5:30:00 PM
ACTION: (Bavaro/Alvarez; 7/0) Resolution 2025-335 approving a First Amendment to the Agreements with Bender Rosenthal Inc., Thompson & Thompson Real Estate Valuation and Consulting Inc and Hulberg & Associates dba Valbridge Property Advisors for Commercial and Residential Real Estate Appraisal Services, increasing the Agreement amounts by $17,000 for each consultant and a revised combined total amount not to exceed $150,000 over three years and authorizing the City Manager, or his designee, to execute the Amendments.
Removed from Consent
10. Consider approving a First Amendment and Reinstatement of the Letter of Intent between the United Soccer League, LLC and the City of Modesto to extend an exclusive negotiating period to March 10, 2026. (Funding Source: General Fund) Resolution approving a First Amendment and Reinstatement of the Letter of Intent between the United Soccer League, LLC and the City of Modesto, and authorizing the City Manager, or his designee, to execute the Amendment and Reinstate the Letter.
CED; Taranjot Khehra, 209-577-5239, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2025-336 approving a First Amendment and Reinstatement of the Letter of Intent between the United Soccer League, LLC and the City of Modesto, and authorizing the City Manager, or his designee, to execute the Amendment and Reinstate the Letter.
Consent
11. Consider approving Section 26 National Standards for the Physical Inspection of Real Estate (NSPIRE) of the Housing and Urban Development Policies and Procedures Manual. (Funding Source: HOME Investment Partnership Program and Emergency Solutions Grant)
Resolution approving Section 26 (National Standards for the Physical Inspection of Real Estate (NSPIRE)) of the Housing and Urban Development Policies and Procedures Manual.
CED; Edgar Garcia, 209-571-5101, [email protected] ACTION: (Bavaro/Alvarez; 7/0) Resolution 2025-337 approving Section 26 (National Standards for the Physical Inspection of Real Estate (NSPIRE)) of the Housing and Urban Development Policies and Procedures Manual.
Consent
12. Consider approving the First Amendment to an Agreement with Management Advisory Services (Auburn, CA) for On-Call Planning Consultation and Support, increasing the Agreement by $76,000. (Funding Source: General Fund)
Resolution approving the First Amendment to an Agreement with Management Advisory Services for Planning Consultation and Support, increasing the Agreement amount by $76,000 from $95,000 to a new total not to exceed $171,000 and authorizing the City Manager, or his designee, to execute the - 7 -
9/23/2025 5:30:00 PM
Amendment.
CED; Leslie Danhoff, 209-577-5429, [email protected] ACTION: (Bavaro/Alvarez; 7/0) Resolution 2025-338 approving the First Amendment to an Agreement with Management Advisory Services for Planning Consultation and Support, increasing the Agreement amount by $76,000 from $95,000 to a new total not to exceed $171,000 and authorizing the City Manager, or his designee, to execute the Amendment.
Consent
13. Consider approving the increase of a Purchase Order by $1,535 with Park Planet of Red Bluff, CA for the Purchase and Delivery of a Sensory Wall for The Awesome Spot Playground at Beyer Community Park for a revised total amount not to exceed $173,935. (Funding Source: Various Funds)
Resolution approving the increase of a Purchase Order with Park Planet of Red Bluff, CA, for the Purchase and Delivery of a Sensory Wall for The Awesome Spot Playground at Beyer Community Park by $1,535 from $172,400, for a revised total amount not to exceed $173,935; and authorizing the Purchasing Manager, or her designee to update the Purchase Order.
ENGINEERING SERVICES; Nathan Houx, 209-571-5526, [email protected] ACTION: (Bavaro/Alvarez; 7/0) Resolution 2025-339 approving the increase of a Purchase Order with Park Planet of Red Bluff, CA, for the Purchase and Delivery of a Sensory Wall for The Awesome Spot Playground at Beyer Community Park by $1,535 from $172,400, for a revised total amount not to exceed $173,935; and authorizing the Purchasing Manager, or her designee to update the Purchase Order.
Removed from Consent
14. Consider approving a report on Fiscal Year 2024-2025 unclaimed funds of $24,060 that can be transferred to the General Fund. (Funding Source: General Fund) Resolution approving Fiscal Year 2024-2025 unclaimed funds of $24,060 held in the City’s Trust Fund for more than three years and authorizing the transfer to the General Fund.
FINANCE DEPARTMENT; Vanessa Ferrel, 209-571-5174, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2025-340 approving Fiscal Year 2024- 2025 unclaimed funds of $24,060 held in the City’s Trust Fund for more than three years and authorizing the transfer to the General Fund.
Consent
15. Consider approving the Fiscal Year 2024-25 Write-off and Adjustments Reports through Fiscal Year-end June 30, 2025, in the total amount of $459,603. (Funding Source: Various Funds)
Resolution approving the 2024-2025 Write-Off and Adjustments Reports through Fiscal Year end June 30, 2025, in the total amount of $459,603 and directing a report of disposition to be filed with the City Clerk. - 8 -
9/23/2025 5:30:00 PM
FINANCE DEPARTMENT; Vanessa Ferrel, 209-571-5174, [email protected] ACTION: (Bavaro/Alvarez; 7/0) Resolution 2025-341 approving the 2024-2025 Write-Off and Adjustments Reports through Fiscal Year end June 30, 2025, in the total amount of $459,603 and directing a report of disposition to be filed with the City Clerk.
Consent
16. Consider approving a report detailing City personal property sold, donated, or disposed of during Fiscal Year 2024-25. (Funding Source: Various Funds) Motion accepting the report detailing City personal property sold, donated, or disposed of during Fiscal Year 2024-25.
FINANCE DEPARTMENT; Vanessa Ferrel, 209-571-5174, [email protected] ACTION: (Bavaro/Alvarez; 7/0) Motion accepting the report detailing City personal property sold, donated, or disposed of during Fiscal Year 2024-25.
Consent
17. Consider accepting an Informational Report on the May and June 2025 Grant Applications and Awards. (Funding Source: Not Applicable) Motion accepting an Informational Report for May and June 2025 Grant Applications and Awards.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Bavaro/Alvarez; 7/0) Motion accepting an Informational Report for May and June 2025 Grant Applications and Awards.
Consent
18. Consider accepting an Informational Report for the July 2025 Accounts Payable Payment Register and Void Report. (Funding Source: Not Applicable) Motion accepting an Informational Report for the July 2025 Accounts Payable Payment Register and Void Report.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Bavaro/Alvarez; 7/0) Motion accepting an Informational Report for the July 2025 Accounts Payable Payment Register and Void Report.
Removed from Consent
19. Consider approving the purchase for one Fleet Addition for one Armored Vehicle for the Modesto Police Department in a total amount not to exceed $526,154. (Funding Source: Measure H and Supplemental Law Enforcement Services Fund (SLESF) Funds)
Resolution approving the Competitive Bidding Process from State of Iowa to Lenco Armored Vehicles, Pittsfield, ME for the purchase of one Armored - 9 -
9/23/2025 5:30:00 PM
Vehicle for an amount not to exceed $425,730 plus $36,564 in taxes and fees to be paid directly to the state; and authorizing the Director of Finance, or her designee, to issue the Purchase Order; and authorizing the Director of Finance 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] ACTION: (Escutia-Braaton/Wright; 7/0) Resolution 2025-342 approving the Competitive Bidding Process from State of Iowa to Lenco Armored Vehicles, Pittsfield, ME for the purchase of one Armored Vehicle for an amount not to exceed $425,730 plus $36,564 in taxes and fees to be paid directly to the state; and authorizing the Director of Finance, or her designee, to issue the Purchase Order; and authorizing the Director of Finance or her designee to execute any Change Orders not to exceed 15% of the total purchase price.
Recessed at 7:33 P.M.
Reconvened at 7:38 P.M.
COUNCIL COMMENTS & REPORTS
Council Member Alvarez highlighted recent and upcoming community events, including the El Concilio Honors and Tributes Gala and the West Modesto Community Collaborative’s Strength and Unity Gala, which supports free mental health services for the West Side community.
Council Member Ricci promoted community involvement in planning the old courthouse site, advocating for a warehouse-style market, called for transparency from Stanislaus Animal Services regarding veterinary spending, and encouraged attendance at the Lowrider Holiday in downtown Modesto on September 27th, highlighting cultural activities and family-friendly events.
Council Member Escutia-Braaton recapped attending the 9/11 Station One commemoration and the Modesto Garden Club’s Blue Star Memorial dedication and highlighted her role as immediate past president of the Central Valley Division of the California League of Cities, emphasizing regional collaboration and advocacy for Central Valley municipalities.
Council Member Williams highlighted the Boys and Girls State delegates event hosted by American Legion Post 74, recognizing student participants, and presenting certificates. He also announced the upcoming Ann Endsley’s Citizen of the Year and former Council Member Brad Hahn’s Community Hero awards on January 10th at the Veterans Center.
- 10 -
9/23/2025 5:30:00 PM
Mayor Zwahlen highlighted recent community engagement, including meetings with Opera Modesto leadership, attending the Creating Hope and Opportunity Apprentice Training program, speaking to students at Enochs High School, participating in an employee appreciation and wellness event, supporting the Pioneer League baseball, addressing a Soroptimist meeting, and touring the Aim Day program for individuals with special needs.
CITY MANAGER COMMENTS & REPORTS
None.
UNFINISHED BUSINESS
20. Consider approving the Plans and Specifications for the 9th Street Corridor Improvement Project, accepting the Bid and Awarding a Contract to United Pavement Maintenance, Inc., of Hughson, CA, for a total amount not to exceed $14,699,812; approving an Agreement with TRC Engineers, Inc., of Lathrop, CA, for Construction Management Services, Inspection and Materials Testing Services for a total amount not to exceed $1,089,968. (Funding Source: Affordable Housing and Sustainable Communities (AHSC) Grant Funds and Local Measure L Funds) Resolution approving the Plans and Specifications for the 9th Street Corridor Improvement Project, accepting the Bid and Awarding a Contract to United Pavement Maintenance, Inc., of Hughson, CA, in the amount of $13,363,465, and authorizing Change Orders up to the cumulative amount of $1,336,347, for a total Agreement amount not to exceed $14,699,812, and authorizing the City Manager, or his designee, to execute the Contract.
Resolution approving an Agreement with TRC Engineers, Inc., of Lathrop, CA for Construction Management and Inspection Services for the 9th Street Corridor Improvement Project in an amount not to exceed $990,880, plus $99,088 for additional services, if needed, for a total amount not to exceed $1,089,968, and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution amending the Fiscal Year 2025-26 Annual Operating and Capital Improvement Project fund budgets to increase the revenue, expenditures, and transfers for Project #101295 in the amount of $6,500,000 to appropriate the additional funds for the 9th Street Corridor Improvement Project and authorizing the City Manager, to take the necessary steps to implement the provisions of this resolution.
ENGINEERING SERVICES; Michael Sacuskie, 209-571-5552,
[email protected]
ACTION: (Ricci/Alvarez; 7/0) Resolution 2025-343 approving the Plans and Specifications for the 9th Street Corridor Improvement Project, accepting the Bid and Awarding a Contract to United Pavement Maintenance, Inc., of Hughson, CA, in the amount of $13,363,465, and authorizing Change Orders up to the cumulative amount of $1,336,347, for a total Agreement amount not to exceed $14,699,812, and authorizing the City Manager, or his designee, to execute the Contract. - 11 -
9/23/2025 5:30:00 PM
ACTION: (Ricci/Alvarez; 7/0) Resolution 2025-344 approving an Agreement with TRC Engineers, Inc., of Lathrop, CA for Construction Management and Inspection Services for the 9th Street Corridor Improvement Project in an amount not to exceed $990,880, plus $99,088 for additional services, if needed, for a total amount not to exceed $1,089,968, and authorizing the City Manager, or his designee, to execute the Agreement.
ACTION: (Ricci/Alvarez; 7/0) Resolution 2025-345 amending the Fiscal Year 2025- 26 Annual Operating and Capital Improvement Project fund budgets to increase the revenue, expenditures, and transfers for Project #101295 in the amount of $6,500,000 to appropriate the additional funds for the 9th Street Corridor Improvement Project and authorizing the City Manager, to take the necessary steps to implement the provisions of this resolution.
HEARINGS
Published in the Modesto Bee on September 7, 2025.
21. Hearing to approve the City of Modesto’s Consolidated Annual Performance Evaluation Report for Program Year 2024-2025. (Funding Source: Community Development Block Grant, Emergency Solutions Grant, HOME Investment Partnerships Funds and HOME American Rescue Plan allocation (HOME ARP)) Resolution approving the City of Modesto’s Consolidated Annual Performance Evaluation Report for Program Year 2024-2025 and authorizing the City Manager, or his designee, is hereby authorized to sign any required certifications and documents for submittal to the U.S. Department of Housing and Urban Development.
CED; Edgar Garcia, 209-571-5101, [email protected] ACTION: (Williams/Escutia-Braaton; 7/0) Resolution 2025-346 approving the City of Modesto’s Consolidated Annual Performance Evaluation Report for Program Year 2024-2025 and authorizing the City Manager, or his designee, is hereby authorized to sign any required certifications and documents for submittal to the U.S. Department of Housing and Urban Development.
NEW BUSINESS
22. Consider approving the Plans and Specifications for River Trunk Realignment – Pump Station Project accepting the Bid and Awarding a Construction Contract to Shimmick Construction Company, Inc, of Irvine, CA, in the amount of $115,560,000, authorizing 10% in contingency (if needed), for a total payment amount not to exceed $127,116,000; approving an Agreement with West Yost Associates for Construction Management Services in the amount of $8,500,000, plus $850,000 in additional services (if needed), for a total amount not to exceed $9,350,000; approving an Agreement with Carollo Engineers for Engineering Support During Construction in the amount of $5,675,000 plus $567,500 in additional services (if needed), for a total - 12 -
9/23/2025 5:30:00 PM
amount not to exceed $6,242,500; approving the issuance of Wastewater Revenue Bonds, Series 2025 in a not to exceed aggregate principal amount of $60,000,000 to finance the construction of the River Trunk Realignment – Pump Station Construction Project and amending the Fiscal Year 2025-26 Capital Improvement Project Program Budget in the amount of $132,560,000, for a total anticipated construction cost of $143,900,000. (Funding Source: Wastewater Fund and Bonds) Resolution approving the Plans and Specifications for the River Trunk Realignment – Pump Station Project; accepting the Bid and Awarding a Construction Contract to Shimmick Construction Company, Inc, of Irvine, CA, in the amount of $115,560,000, authorizing the Director of Engineering Services to approve Change Orders up to the cumulative amount of $11,556,000, 10% of the original Contract price, for a total payment amount not to exceed $127,116,000 and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution approving an Agreement with West Yost Associates, of Davis, CA, for Construction Management Services for the River Trunk Realignment – Pump Station Project in an amount not to exceed $8,500,000 for the identified scope of services, plus $850,000 for additional services (if needed), for a total amount not to exceed $9,350,000, and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution approving an Agreement with Carollo Engineers Inc., of Walnut Creek, CA, for Engineering Support During Construction for the River Trunk Realignment – Pump Station Project, in an amount not to exceed $5,675,000 for the identified scope of services, plus $567,500 for additional services (if needed), for a total amount not to exceed $6,242,500 and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution amending the fiscal year 2025-26 Capital Improvement Program budget in the amount of $132,560,000 to be transferred into the project from Wastewater Reserves to fully fund the construction, contingency, construction administration and design support during construction for the River Trunk Realignment – Pump Station Project and authorizing the City Manager, or his designee, to implement the provisions of this Resolution. Resolution authorizing the issuance of not to exceed $60,000,000 principal amount of Wastewater Revenue Bonds, Series 2025, authorizing and directing execution of a Sixth Supplemental Wastewater Revenue Bond Indenture pursuant to which such bonds are issued, approving a Bond Purchase Agreement, an Official Statement and a Continuing Disclosure Agreement, and authorizing other official actions to execute the bond issuance.
UTILITIES; William Wong, 209-571-5801, [email protected] ACTION: (Wright/Williams; 6/1; Ricci Noes) Resolution 2025-347 approving the Plans and Specifications for the River Trunk Realignment – Pump Station Project; accepting the Bid and Awarding a Construction Contract to Shimmick Construction Company, Inc, of Irvine, CA, in the amount of $115,560,000, authorizing the Director of Engineering Services to approve Change Orders up to the cumulative amount of $11,556,000, 10% of the original Contract price, for a total payment amount not to - 13 -
9/23/2025 5:30:00 PM
exceed $127,116,000 and authorizing the City Manager, or his designee, to execute the Agreement.
ACTION: (Escutia-Braaton/Wright; 6/1; Ricci Noes) Resolution 2025-348 approving an Agreement with West Yost Associates, of Davis, CA, for Construction Management Services for the River Trunk Realignment – Pump Station Project in an amount not to exceed $8,500,000 for the identified scope of services, plus $850,000 for additional services (if needed), for a total amount not to exceed $9,350,000, and authorizing the City Manager, or his designee, to execute the Agreement.
ACTION: (Williams/Escutia-Braaton; 6/1; Ricci Noes) Resolution 2025-349 approving an Agreement with Carollo Engineers Inc., of Walnut Creek, CA, for Engineering Support During Construction for the River Trunk Realignment – Pump Station Project, in an amount not to exceed $5,675,000 for the identified scope of services, plus $567,500 for additional services (if needed), for a total amount not to exceed $6,242,500 and authorizing the City Manager, or his designee, to execute the Agreement.
ACTION: (Wright/Zwahlen; 6/1; Ricci Noes) Resolution 2025-350 amending the fiscal year 2025-26 Capital Improvement Program budget in the amount of $132,560,000 to be transferred into the project from Wastewater Reserves to fully fund the construction, contingency, construction administration and design support during construction for the River Trunk Realignment – Pump Station Project and authorizing the City Manager, or his designee, to implement the provisions of this Resolution.
ACTION: (Williams/Wright; 6/1; Ricci Noes) Resolution 2025-351 authorizing the issuance of not to exceed $60,000,000 principal amount of Wastewater Revenue Bonds, Series 2025, authorizing and directing execution of a Sixth Supplemental Wastewater Revenue Bond Indenture pursuant to which such bonds are issued, approving a Bond Purchase Agreement, an Official Statement and a Continuing Disclosure Agreement, and authorizing other official actions to execute the bond issuance.
MATTERS TOO LATE FOR THE AGENDA
None.
ADJOURNMENT
This meeting adjourned at 8:32 P.M.
Attest:____________________________
Diane Nayares-Perez, City Clerk
- 14 -
9/23/2025 5:30:00 PM
All Closed Session Matters Heard Prior to the Meeting
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
One Case (Pursuant to Section 54956.9(d)(4) of the Government Code) CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
(Pursuant to Section 54956.9(d)(2) of the Government Code) Letters from the American Civil Liberties Union Foundation and the First Amendment Coalition regarding Modesto Municipal Code Section 4-23.02 related to restrictions on use of specified items during public assembly.
Pulled from Agenda
CONFERENCE WITH REAL PROPERTY NEGOTIATORS:
(Pursuant to Section 54956.8 of the Government Code)
Property: 1000 L. Street, Modesto CA 95354; APN 105-048-011 Property Owners: Modesto Redevelopment Successor Agency Negotiating Parties:
For City: Joseph P. Lopez, City Manager
For Lessee: Westmont Hospitality Group
Under Negotiation: Terms of Lease