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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, December 02, 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: Greg Masztal, Deacon at Saint Paul's Episcopal Church City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session
PUBLIC COMMENT PERIOD
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
1. Consider approving the minutes for the November 25, 2025 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving the minutes for the November 25, 2025 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] - 4 -
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Consent
2. Consider approving Final Adoption of Ordinance 3803-C.S. amending Section 25-3-9 Of the Zoning Map of the City of Modesto to Rezone from Highway Commercial (C3) Zone, to Low Density Residential (R-1) Zone, property located at 3401 N. Mcclure Road (Self Help Enterprises) (Funding Source: Not Applicable) Staff Recommendation:
Motion approving Final Adoption of Ordinance 3803-C.S. amending Section 25-3-9 Of the Zoning Map of the City of Modesto to Rezone from Highway Commercial (C-3) Zone, to Low Density Residential (R-1) Zone, property located at 3401 N. Mcclure Road (Self Help Enterprises) CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
3. Consider approving a Fourth Amendment to the Legal Services Agreement with Swingle, Van Egmond, Heitlinger for continued representation in tort cases, to adjust hourly rates and increasing the amount by $250,000 and Fifth Amendment to the Legal Services Agreement with Sanders Roberts, LLP for continued representation in personnel matters, increasing the agreement amount by $200,000. (Funding Source:
General Liability Insurance Fund)
Staff Recommendation:
Resolution approving a Fourth Amendment to the Legal Services Agreement with Swingle, Van Egmond & Heitlinger adjusting hourly rates and increasing the agreement amount by $250,000, for a total Agreement amount not to exceed $1,200,000 for continued representation in tort cases, and authorizing the City Manager or his designee, to execute the Amendment.
Resolution approving a Fifth Amendment to the Legal Services Agreement with Sanders Roberts, LLP increasing the agreement amount by $200,000, for a total Agreement amount not to exceed $895,000, for continued representation in personnel matters, and authorizing the City Manager, or his designee, to execute the Amendment.
CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected] Consent
4. Consider accepting the West Trunk Sewer Rehabilitation Project as complete, releasing securities, releasing payments totaling $19,069,333 to SAK Construction, LLC of O’Fallon, MO, and authorizing the City Clerk to file a Notice of Completion (Funding Source: Wastewater Fund)
Staff Recommendation:
Resolution accepting West Trunk Sewer Rehabilitation Project as complete, releasing securities, releasing payments totaling $19,069,333 to SAK Construction, LLC of O’Fallon, MO, and authorizing the City Clerk to file a Notice of Completion.
ENGINEERING SERVICES; Peter Kambel, 209-577-5444, [email protected] Consent
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5. Consider accepting the Monthly Investment Report for September 2025. (Funding Source: Various Funds)
Staff Recommendation:
Motion accepting the Monthly Investment Report for September 2025.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
Consent
6. Consider accepting an Informational Report on the September and October 2025 Grant Applications and Awards. (Funding Source: Not Applicable) Staff Recommendation:
Motion accepting an Informational Report for September and October 2025, Grant Applications and Awards.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
Consent
7. Consider accepting an Informational Report for the October 2025 Accounts Payable Payment Register and Void Report. (Funding Source: Not Applicable) Staff Recommendation:
Motion accepting an Informational Report for the October 2025 Accounts Payable Payment Register and Void Report.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
Consent
8. Consider approving the payment for furnishing of street sweeping material receiving service and City-wide disposal services with various garbage disposal businesses located in Stanislaus County for a total amount not to exceed $5,150,000 over five years. (Funding Source: Various Funds)
Staff Recommendation:
Resolution approving the payment for furnishing of street sweeping material receiving service and City-wide disposal services with various garbage disposal businesses located in Stanislaus County for a one-year Agreement with four one-year extension options, for an estimated annual cost of $1,030,000 and a total amount not to exceed $5,150,000 over five years; and authorizing the Director of Finance or her designee, to issue the Purchase Order.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] Consent
9. Consider approving the Third Amendment with BrightView Golf Maintenance, Inc., Modesto, CA., in partnership with KemperSports Management, Northbrook, IL., for Golf Management and Maintenance Services increasing the Agreement amount by $6,612,832 and extending the term of the Agreement from December 31, 2025 to December 31, 2026, with a one one-year extension option from January 1, 2027 to December 31, 2027. (Funding Source: Golf Fund)
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Staff Recommendation:
Resolution approving the Third Amendment to the Agreement with BrightView Golf Maintenance, Inc., Modesto, CA., in partnership with KemperSports Management, Northbrook, IL., for Golf Management and Maintenance Services increasing the Agreement amount by $6,612,832, to a new estimated annual amount of $3,306,416, a new total amount of $20,775,570 through the term of the agreement and extending the term of the Agreement from December 31, 2025 to December 31, 2026 with a one one-year extension option from January 1, 2027 to December 31, 2027; and authorizing the City Manager, or his designee to execute the Amendment.
PRN; Jessica Franco, 209-577-5278, [email protected]
COUNCIL COMMENTS & REPORTS
CITY MANAGER COMMENTS & REPORTS
NEW BUSINESS
10. Consider approving an Urgency Ordinance and Non-Urgency Ordinance Amending the City of Modesto Municipal Code Title 4, Chapter 23, “Restrictions on use of Specified Items During Public Assembly,” providing various revisions to the time, place and manner regulations as to public assemblies. (Funding Source: Not Applicable) Staff Recommendation:
Motion waiving the reading and adopting an Urgency Ordinance Amending the City of Modesto Municipal Code Title 4, Chapter 23, “Restrictions on Use of Specified Items During Public Assembly,” Providing Various Revisions to the Time, Place And Manner Regulations As To Public Assemblies. Motion introducing and waiving the first reading of an Ordinance Amending the City of Modesto Municipal Code Title 4, Chapter 23, “Restrictions on Use of Specified Items During Public Assembly,” Providing Various Revisions to the Time, Place And Manner Regulations as to Public Assemblies.
POLICE DEPARTMENT; Brandon Gillespie, 209-572-9500,
[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 at by
date time signature