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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 09, 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: Bill Kenoyer, Redeemer Church
City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Presentations of the Certificate of Achievement for Excellence in Financial Reporting and Popular Annual Financial Reporting Award by Government Finance Officers Association (GFOA) for Fiscal Year ending June 30, 2024, and Presentation for the Distinguished Budget Presentation Award by GFOA for Fiscal Year 2025-2026 Budget. (Funding Source: Not Applicable)
FINANCE DEPARTMENT; DeAnna Christensen, 209-577-5387,
[email protected]
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. - 4 -
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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 December 2, 2025 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving the minutes for the December 2, 2025 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
3. Consider approving Final Adoption of Ordinance 3805-C.S. 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 approving Final Adoption of Ordinance 3805-C.S. 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.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
4. Consider approving the Mayor’s appointments to the City of Modesto Standing Committees, and City Council Liaison Committees; and appointing a Vice Mayor for the 2026 calendar year. (Funding Source: Not Applicable) Staff Recommendation:
Motion appointing Council Member Williams as Vice Mayor for the 2026 calendar year.
Motion approving the appointments to the City Council Standing Committees and City Council Liaison Committees for the 2026 calendar year.
CITY CLERK; Diane Nayares-Perez, 209-577-5398, [email protected] Consent
5. Consider approving the Seventh Amendment to the Joint Exercise of Powers Agreement between the City of Modesto and the County of Stanislaus for Emergency Dispatch Services to extend the Agreement to December 31, 2026 and appointing Mayor Zwahlen and Councilmember Wright as Commissioners to the Consolidated Emergency Dispatch Agency and Councilmember Escutia-Braaton as an Alternate Commissioner effective January 1, 2026. (Funding Source: Not Applicable) Staff Recommendation:
Resolution approving a Seventh Amendment to the Joint Exercise of Powers Agreement between the City of Modesto and the County of Stanislaus for Emergency Dispatch Services, amending Section 5.1 extending the expiration date to December 31, 2026, and authorizing the City Manager or his designee to - 5 -
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execute the Amendment and appointing Mayor Zwahlen and Councilmember Wright as Commissioners to the Consolidated Emergency Dispatch Agency and Councilmember Escutia-Braaton as an Alternate Commissioner effective January 1, 2026.
CITY MANAGER; Scotty Douglass, 209-577-9149, [email protected] Consent
6. Consider approving the purchase of a restroom building for the Sherwood Park Restroom Replacement Project from Public Restroom Company, of Minden, NV, for a total amount not to exceed $294,665. (Funding Source: Measure H) Staff Recommendation:
Resolution approving the Competitive Bidding Process from Sourcewell with Public Restroom Company, of Minden, NV, for the Purchase, Delivery, and Installation of a Restroom Building for Sherwood Park, for a total amount of $267,877, plus $26,788, for contingency, if needed, for a total amount not to exceed $294,665, and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.
ENGINEERING SERVICES; Nathan Houx, 209-571-5526, [email protected] Consent
7. Consider approving the Auditors’ Reports and Schedule of Measure L Program Revenues and Expenditures for Fiscal Year Ended June 30, 2024. (Funding Source:
Not Applicable)
Staff Recommendation:
Resolution approving the Fiscal Year 2023-2024 Auditor’s Report on Compliance of the Measure L: Local Roads First Transportation Funding Measure.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
Consent
8. Consider approving the First Amendment with Grover Landscape Services, Inc. (Grover), Modesto, CA, for the Landscape Maintenance, Weed Abatement, Trash Removal, and Rodent Control Services, increasing the Agreement amount by $118,511. (Funding Source: Sewer Operations Fund)
Staff Recommendation:
Resolution approving the First Amendment with Grover Landscape Services, Inc., Modesto, CA, for the Landscape Maintenance, Weed Abatement, Trash Removal, and Rodent Control Services, increasing the Agreement amount by $118,511, to a new estimated annual amount of $240,465, a new total amount of $1,148,858 through the term of the agreement; and authorizing the City Manager, or his designee, to execute the Amendment.
UTILITIES; Jeff Daniels, 209-577-6255, [email protected] - 6 -
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COUNCIL COMMENTS & REPORTS
CITY MANAGER COMMENTS & REPORTS
HEARINGS
Published in the Modesto Bee on November 28, 2025 and December 5, 2025.
9. Hearing to consider approving Final Adoption of Ordinance 3802-C.S. repealing and replacing Chapter 1 of Title 3 of the Modesto Municipal Code amending the City’s Fire Code to adopt the 2025 California Fire Code. (Funding Source: Not Applicable) Staff Recommendation:
Motion approving Final Adoption of Ordinance 3802-C.S. repealing and replacing Chapter 1 of Title 3 of the Modesto Municipal Code amending the City’s Fire Code to adopt the 2025 California Fire Code.
FIRE DEPARTMENT; David Bickle, 209-571-5553, [email protected] Published in the Modesto Bee on November 28, 2025
10. Hearing to consider accepting the Public Health Goals (PHG) on the City of Modesto’s water system, in compliance with Title 22 of the California Health and Safety Code (Funding Source: Not Applicable)
Staff Recommendation:
Resolution accepting the 2025 Public Health Goals in compliance with Title 22 of the California Health and Safety Code.
UTILITIES; Manuel Martinez, 209-342-4592, [email protected]
NEW BUSINESS
11. Consider approving the Plans and Specifications for Dryden Clubhouse Renovation Project, accepting the Bid and Awarding a Construction Contract to Diede Construction, Inc. of Lodi, CA., for a total payment amount not to exceed $9,278,564; consider approving an Agreement with Dillon & Murphy Engineering, of Lodi, CA, for Construction Management and Inspection Services for a total amount not to exceed $850,164; consider approving the issuance of an interfund loan in an amount not to exceed $4,930,841 from the Water Fund 4100 to the Golf Fund 4600 for the construction for Project 101294 Dryden Clubhouse Renovation; and consider approving the increase of the Green Fee by $5 and implementing dynamic pricing. (Funding Source: Various Funds)
Staff Recommendation:
Resolution approving the Plans and Specifications for the Dryden Clubhouse Renovation Project, accepting the Bid and Awarding a Construction Contract to Diede Construction, Inc. of Lodi, CA., in the amount of $8,591,263, authorizing $687,301, in contingency (if needed), for a total payment amount not to exceed $ 9,278,564, and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution approving an Agreement with Dillon & Murphy Engineering, of Lodi, CA, for Construction Management and Inspection Services for the - 7 -
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Dryden Clubhouse Renovation Project in the amount of $772,876, plus $77,288 in additional services, if needed, for a total amount not to exceed $850,164, and authorizing the City Manager, or his designee, to execute the Agreement. Resolution issuing an interfund loan in an amount not to exceed $4,930,841 from the Water Fund 4100 to the Golf Fund 4600 for the construction for Project 101294 Dryden Clubhouse Renovation to include an interest rate on the loan equal to the actual rate of return earned by the City’s investment portfolio during the 12-month period immediately preceding the payment date and authorizing the City Manager, or his designee, to implement the provisions of this Resolution.
Resolution amending the Fiscal Year 2025-26 Capital Improvement Program budget to fund Project #101294 (Dryden Clubhouse Renovation) in an amount not to exceed $7,723,929, 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.
Resolution increasing the Green Fees in accordance with Exhibit A and implementing dynamic pricing model.
ENGINEERING SERVICES; Nathan Houx, 209-571-5526, [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