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MODESTO CITY COUNCIL
www.modestogov.com
AGENDA
City of Modesto
JOINT CITY COUNCIL
AND PUBLIC FINANCING AUTHORITY MEETING
Chambers, Basement Level
Tenth Street Place, 1010 10th Street
Modesto, California
Tuesday, May 05, 2026 at 5:30 PM
Roll Call – Councilmembers and Public Financing Authority Members Alvarez, Bavaro, EscutiaBraaton, 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 California Government Code section 54953.8.3.
*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 Senate Bill 707, California Government Code section 54953.8.3. 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
City Clerk’s Announcements
Declaration of Conflicts of Interest
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Proclamation declaring May 3rd-9th 2026 as National Public Service Recognition week. (Funding Source: Not Applicable)
CITY COUNCIL; Breanna Griffin, 209-577-5421, [email protected]
2. Proclamation declaring May 2026 as National Older Americans Month. (Funding Source: Not Applicable)
CITY COUNCIL; Breanna Griffin, 209-577-5421, [email protected]
3. Proclamation declaring May 2026 as National Stroke Awareness Month. (Funding Source: Not Applicable)
CITY COUNCIL; Breanna Griffin, 209-577-5421, [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
4. Consider approving the Minutes for the April 28, 2026 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
• Motion approving the Minutes for the April 28, 2026 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
5. Consider approving the Plans and Specifications for the Coffee Road Pavement Rehabilitation Phase II Project, accepting the Bid and Awarding a Contract to United Pavement Maintenance, Inc., of Hughson, CA, for a total amount not to exceed $3,057,484. (Funding Source: Measure L Funds)
Staff Recommendation:
• Resolution approving the Plans and Specifications for the Coffee Road Pavement Rehabilitation Phase II Project, accepting the Bid and Awarding a Contract to United Pavement Maintenance, Inc., of Hughson, CA, in the amount of $3,057,484, and authorizing Change Orders up to a cumulative amount of $305,749, for a total Agreement amount not to exceed $3,363,233, and authorizing the City Manager, or his designee, to execute the Contract.
ENGINEERING SERVICES; Michael Sacuskie, 209-571-5552,
[email protected]
Consent
6. Consider accepting the Tuolumne River Regional Park (TRRP) Picnic Area B Renovation Project as complete, releasing securities, releasing payments totaling $373,173 to Sinclair General Engineering Construction, Inc. of Oakdale, CA, and authorizing the City Clerk to file a Notice of Completion. (Funding Source: Various Funds)
Staff Recommendation:
• Resolution accepting Tuolumne River Regional Park (TRRP) Picnic Area B Renovation Project as complete, releasing securities, releasing payments totaling $373,173 to Sinclair General Engineering Construction, Inc. of Oakdale, CA, and authorizing the City Clerk to file a Notice of Completion.
ENGINEERING SERVICES; Peter Kambel, 209-577-5444, [email protected] Consent
7. Consider accepting the Bret Harte Neighborhood Strengthen & Replace Water Mains Phase 1B Project as complete, releasing securities, releasing payments totaling $1,966,083 to Mid Cal Pipeline & Utilities, Inc., of Merced, CA, and authorizing the City Clerk to file a Notice of Completion. (Funding Source: Water Fund) Staff Recommendation:
• Resolution accepting the Bret Harte Neighborhood Strengthen & Replace - 5 -
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Water Mains Phase 1B Project as complete, releasing securities, releasing payments totaling $1,966,083 to Mid Cal Pipeline & Utilities, Inc., of Merced, CA, and authorizing the City Clerk to file a Notice of Completion.
ENGINEERING SERVICES; Peter Kambel, 209-577-5444, [email protected] Consent
8. Consider accepting the J.M. Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project as complete, releasing securities, releasing payments totaling $33,768,501 to Mozingo Construction, Inc. of Oakdale, CA, and authorizing the City Clerk to file a Notice of Completion. (Funding Source: Wastewater and Water Funds)
Staff Recommendation:
• Resolution accepting the J.M. Pike Park Stormwater to Sanitary Sewer Cross Connection Removal and Water Main Project as complete, releasing securities, releasing payments totaling $33,768,501 to Mozingo Construction, Inc. of Oakdale, CA, and authorizing the City Clerk to file a Notice of Completion.
ENGINEERING SERVICES; Peter Kambel, 209-577-5444, [email protected] Consent
9. Consider approving three On-Call Consultant Agreements for Materials Testing and Special Inspection Services with Krazan & Associates, Inc. of Fresno, CA; BSK Associates, of Fresno, CA; and Terracon Consultants, Inc., of Sacramento, CA, for a total amount not to exceed $497,500 over five years per consultant. (Funding Source:
Various Capital Improvement Program Projects)
Staff Recommendation:
• Resolution approving On-Call Consultant Agreement for Materials Testing and Special Inspection Services with Krazan & Associates, Inc. of Fresno, CA; for a three year agreement with two one-year extension options, for an estimated annual amount not to exceed $99,500, and a total amount not to exceed $497,500 over five years, and authorizing the City Manager or his designee to execute the agreement.
• Resolution approving On-Call Consultant Agreement for Materials Testing and Special Inspection Services with BSK Associates, of Fresno, CA; for a threeyear agreement with two one-year extension options, for an estimated annual amount not to exceed $99,500, and a total amount not to exceed $497,500 over five years and authorizing the City Manager or his designee to execute the agreement.
• Resolution approving On-Call Consultant Agreement for Materials Testing and Special Inspection Services with Terracon Consultants, Inc., of Sacramento, CA, for a three-year agreement with two one-year extension options, for an estimated annual amount not to exceed $99,500, and a total amount not to exceed $497,500 over five years and authorizing the City Manager or his designee to execute the agreement.
ENGINEERING SERVICES; Peter Kambel, 209-577-5444, [email protected] - 6 -
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Consent
10. Consider accepting the Monthly Investment Report for February 2026. (Funding Source: Various Funds)
Staff Recommendation:
• Motion accepting the Monthly Investment Report for February 2026.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
Consent
11. Consider accepting an Informational Report for the March 2026 Accounts Payable Payment Register and Void Report. (Funding Source: Not Applicable) Staff Recommendation:
• Motion accepting an Informational Report for the March 2026 Accounts Payable Payment Register and Void Report.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
Consent
12. Consider approving the Agreements for On-Call Board-up and Clean-up of Unsafe Properties to L.S. Construction and Design, Inc., Los Banos, CA, and Garcia Septic & Construction, Inc., Modesto, CA, for a total combined amount not to exceed $180,000 over three years. (Funding Source: Abatement and Public Nuisance Fund) Staff Recommendation:
• Resolution approving the Award of Bid and Agreements for On-Call Board-up and Clean-up of Unsafe Properties Services to L.S. Construction and Design, Inc., Los Banos, CA, and Garcia Septic & Construction, Inc., Modesto, CA, for a one year Agreement with two one-year extension options, for an estimated annual combined amount of $60,000 and a total combined amount not to exceed $180,000 over 3 years, and authorizing the Director of Finance to adjust Agreement totals between vendors based on contractor’s availability and department’s needs, ensuring the combined total does not change; and authorizing the City Manager, or his designee, to execute the Agreements.
POLICE DEPARTMENT; TJ Moffett, 209-572-9886, [email protected] Consent
13. Consider accepting the Modesto Police Department’s annual Military Equipment report, approving an Ordinance re-authorizing the department’s Military Equipment Use Policy (Policy 710) and authorizing purchasing additional equipment that qualifies as “military equipment” in Fiscal Year 2026-2027. (Funding Source: Various Funds) Staff Recommendation:
• Motion introducing and waiving the first reading of an Ordinance approving the Modesto Police Department’s Military Equipment Use Policy (Policy 710) in accordance with CA Assembly Bill 481, and approving the purchase of additional equipment that qualifies as “military equipment,” in Fiscal Year 2026-2027 and rescinding Ordinance No. 3794-C.S.
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• Motion accepting the Modesto Police Department’s annual Military Equipment Report.
POLICE DEPARTMENT; Joseph Bottoms, 209-572-9500, [email protected] Consent
14. Consider approving the Plans and Specifications for the Septic to Sewer Construction Project: County Area 07 – Spencer/Marshall Neighborhood, accepting the Bid and Awarding a Construction Contract to Frontline General Engineering Construction, Inc., of Tracy, CA in the amount of $1,739,773 and authorizing 15% in contingency (if needed), for a total payment amount not to exceed $2,000,739. (Funding Source:
Wastewater Fund)
Staff Recommendation:
• Resolution approving the Plans and Specifications for the Septic to Sewer Construction Project: County Area 07 – Spencer /Marshall Neighborhood, accepting the Bid and Awarding a Construction Contract to Frontline General Engineering Construction, Inc., of Tracy, CA in the amount of $1,739,773, authorizing the Director of Engineering Services to approve Change Orders up to the cumulative amount of $260,966, 15% of the original Contract price, for a total payment amount not to exceed $2,000,739 and authorizing the City Manager, or his designee, to execute the Contract.
• Resolution approving a Construction Management and Inspection Services Agreement with TRC Engineers, Inc., of Rancho Cordova, CA for the Septic to Sewer Construction Project: County Area 07 – Spencer /Marshall Neighborhood in the amount of $302,455, plus $30,245 in Additional Services, if needed, for an Agreement total amount not to exceed $332,700 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 $375,000 to be transferred into the Project from Wastewater Fund Reserves to fund the Septic to Sewer Construction Project:
County Area 07 – Spencer /Marshall Neighborhood and Authorizing the City Manager, or his designee, to implement the provision of the Resolution.
UTILITIES; Miguel Alvarez, 209-577-5348, [email protected] Consent
15. Consider approving an Agreement for the purchase and installation of granular activated carbon to Calgon Carbon Corporation, Moon Township, PA, for a total amount not to exceed $3,205,360 over five years. (Funding Source: Water Fund and PCE Mitigation Fund)
Staff Recommendation:
• Resolution approving an Agreement with Calgon Carbon Corporation, Moon Township, PA, by utilizing the Competitive Bid Process with the City of Tulare, for a two year Agreement with three one-year extension options, for an estimated annual amount of $600,000 and a total amount not to exceed $3,205,360 over five years; and authorizing the City Manager, or his designee, to execute the Agreement.
UTILITIES; Manuel Martinez, 209-342-4592, [email protected] - 8 -
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COUNCIL COMMENTS & REPORTS
CITY MANAGER COMMENTS & REPORTS
HEARINGS
ITEM REMOVED FROM AGENDA. Published in the Modesto Bee on April 15, 2026.
16. Hearing to consider the development of a car wash at 1600 and 1604 Kansas Avenue, comprised of a rezone of 1600 Kansas from C-3 Zone to new Planned Development Zone P-D(616), and prezone of 1604 Kansas Avenue to P-D(616) with annexation of that parcel, to facilitate the development. (Funding Source: Developer Application Fees)
Notice:
• This item was previously noticed but has been removed prior to the posting of the agenda and will not be heard or discussed at this meeting. Any future consideration will be separately noticed.
CED; Katharine Martin, 209-577-5267, [email protected]
NEW BUSINESS
Council
17. Consider approving the Award of Proposal and Agreement for Banking Services to BMO Bank N.A., Sacramento, CA for a total amount not to exceed $282,220 over six years; approving a three-year extension for the Irrevocable Direct Pay Letter of Credit (LOC) issued by BMO Bank N.A. supporting the Lease Revenue Refunding Bonds Series 2008 (LRB Bonds); approving a three-year extension for the Standby Certificate Purchase Agreement with BMO Bank N.A. supporting the Water Refunding Revenue Certificate of Participation 2008 Series A (Water COPS). (Funding Source: Various Funds)
Staff Recommendation:
• Resolution approving the Award of Proposal and Agreement for Banking Services to BMO Bank National Association (NA), Sacramento CA for a two year agreement with four one-year extension options, for an estimated annual amount of $47,037 and a total amount not to exceed $282,220 over six years and authorizing the City Manager or his designee to execute the Agreement. • Resolution of the City Council of the City of Modesto relating to Modesto Public Financing Authority Lease Revenue Refunding Bonds Series 2008; approving Amendment No. 2 to Reimbursement Agreement among BMO Bank N.A., City of Modesto and Modesto Public Financing Authority; Amendment No. 2 to Fee Letter Agreement; and a Supplement of to Official Statement; and authorizing certain other related actions.
• Resolution of the City Council of the City of Modesto relating to Water Refunding Revenue Certificates of Participation, 2008 Series A; approving Amendment No. 1 to Standby Certificate Purchase Agreement among BMO Bank N.A., City of Modesto and Modesto Public Financing Authority; Amended and Restated Fee Letter Agreement; and a Supplement to Remarketing Memorandum; and authorizing certain other related actions. - 9 -
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FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] Public Financing Authority
18. Consider approving the extension of a Credit Facility with BMO Bank N.A. relating to the Modesto Public Financing Authority Lease Revenue Refunding Bonds Series 2008 (the “2008 Bonds”). (Funding Source: General Fund and Successor Redevelopment Agency)
Staff Recommendation:
• Resolution of the Modesto Public Financing Authority relating to Modesto Public Financing Authority Lease Revenue Refunding Bonds Series 2008 approving the extension of a Credit Facility and approving the form of and authorizing the execution and delivery of an Amendment No. 2 to Reimbursement Agreement and an Amendment No. 2 to Fee Letter Agreement with BMO Bank N.A. and a supplement to Official Statement; and authorizing certain other related actions.
FINANCE DEPARTMENT; DeAnna Christensen, 209-577-5387,
[email protected]
Public Financing Authority
19. Consider approving the extension of a Credit Facility with BMO Bank N.A. relating to the Water Refunding Revenue Certificates of Participation, 2008 Series A. (Funding Source: Water Utility System Revenue Fund)
Staff Recommendation:
• Resolution of the Modesto Public Financing Authority relating to Water Refunding Revenue Certificates of Participation, 2008 Series A; approving Amendment No. 1 to Standby Certificate Purchase Agreement among BMO Bank N.A., City of Modesto and Modesto Public Financing Authority; approving Amended and Restated Fee Letter Agreement; and a supplement to Remarketing Memorandum; and authorizing certain other related actions.
FINANCE DEPARTMENT; DeAnna Christensen, 209-577-5387,
[email protected]
20. Consider receiving Mayor Sue Zwahlen’s Fiscal Year 2026-27 Final Budget Modifications Message per Charter Section 1303 for the Fiscal Year 2026-27 budget year. (Funding Source: All City Funds)
Staff Recommendation:
• Motion receiving Mayor Sue Zwahlen’s Fiscal Year 2026-27 Final Budget Modifications Message per Charter Section 1303 for the Fiscal Year 2026-27 budget year.
BUDGET; Steve Christensen, 209-577-5390, [email protected] - 1 -
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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