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Amended: Item 23 Appellant Document Added
MODESTO CITY COUNCIL
City of Modesto Website (www.modestogov.com)
AGENDA
City of Modesto
CITY COUNCIL MEETING
Chambers, Basement Level
Tenth Street Place, 1010 10th Street
Modesto, California
Tuesday, September 22, 2026 at 5:30 PM
Roll Call - Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
THIS MEETING WILL BE PHYSICALLY OPEN TO THE PUBLIC AND BY ZOOM
VIDEO CONFERENCING AND TELEPHONE
In conformance with SB 707, the City of Modesto is providing alternatives to view and participate in Council meetings as well as to provide public comments. If you wish to make either a general public comment or to comment on a specific agenda item, you may use one of the following options:
Submitting Comments by E-Mail
Written comments may be submitted via email by emailing the City Council Meeting email address ([email protected]) and include the 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.
Joining the City Council meeting via Zoom
The City of Modesto offers the ability to view and remotely participate in Council meetings via telephonic conferencing through “Zoom” video conferencing computer technology. The meeting may be accessed through Zoom using the following options:
• Enter the following link into an Internet Browser
Zoom Website (https://us02web.zoom.us/j/95895497651)
• Or enter the following Zoom Website (https://zoom.us) into an Internet Browser and using the Webinar ID: 958 9549 7651, and Passcode: 84326 - 2 -
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Joining the City Council meeting via Telephone
If you do not have a smartphone or computer to join the meeting via Zoom, you can participate 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
Providing Public Comment on Zoom and by Telephone
The Mayor will request public comment during the Public Comment periods on the meeting agendas and during each Public Hearing and Regular Calendar Item on the Council Agenda.
Once the Mayor has announced the public comment period, please do one of the following. • Computer or Smartphone App: Click “Raise Hand” in Zoom. Staff will unmute you when it is your turn. Confirm the unmute prompt to begin speaking. • Phone Only: Dial *9 to “Raise Hand.” Staff will unmute you when it is your turn.
If needed, dial *6 to toggle mute on/off. Once your public comment has ended, you will be muted again.
• If your phone is unmuted, and you are unable to be heard, the host may ask that you Dial *6 to toggle mute on/off in Zoom.
Additional Zoom Resources and Support
To participate in the Council meeting using Zoom, sign up for a free account or join as a guest through https://zoom.us/.
You may also observe a livestream of the meeting on the Agenda and Minutes web page. (https://media.modestogov.com), and the City of Modesto YouTube Channel (https://www.youtube.com/user/TheCityofModesto).
Technical Issues/Remote Participation
Per SB707, if a technical issue arises with Zoom or the phone dial-in option during the meeting, proceedings will pause for up to one hour while restoration efforts are made. If remote access to the meeting cannot be restored, the City Council may continue with the meeting upon making a finding by roll-call vote that good faith efforts have been made to restore remote access and that continuing the meeting outweighs the public interest in remote access. All disruptions and decisions will be documented in the official minutes.
Wordly Translation Service
“Wordly” can translate into 25+ different languages! To access written translation during the meeting, please scan the QR Code or click this link Join the live session on Wordly (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 Únete a la sesión en vivo sobre Wordly (https://attend.wordly.ai/join/RJDY-6364).
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Closed Captioning/Live Written Translation
This meeting will be closed captioned via the Zoom platform. In person attendees will be able to see the caption at the bottom of the screens in the Council Chamber and City Hall. Zoom attendees with a Zoom version 5.0.2 or higher will be able to see the transcription at the bottom of their personal zoom screen.
Requests for Accommodations or Translation Services
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's ADA web page (https://www.modestogov.com/865/Americans-with-Disabilities-Act-ADA) If you need special assistance to participate in this meeting and/or interpreter services, please contact the City Clerk 209-577-5396, [email protected]. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
Notice
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 Website (https://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 on the Agendas and Meetings page. (https://www.modestogov.com/councilmeetings) Pledge of Allegiance to the Flag
Invocation
City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Proclamation declaring October 2026 as National Domestic Violence Awareness Month. (Funding Source: Not Applicable)
CITY COUNCIL; Breanna Griffin, 209-577-5421, [email protected]
2. Proclamation declaring October 4-10, 2026 as National Fire Prevention Week. (Funding Source: Not Applicable)
CITY COUNCIL; Breanna Griffin, 209-577-5421, [email protected] - 4 -
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3. Proclamation declaring Storm Water Awareness Week and Imagine a Day without Water. (Funding Source: Not Applicable)
CITY COUNCIL; Breanna Griffin, 209-577-5421, [email protected]
4. Proclamation declaring September 26, 2026 as History of Lowrider Day. (Funding Source: Not Applicable)
CITY COUNCIL; Breanna Griffin, 209-577-5421, [email protected]
5. Proclamation declaring October 1st-10th as Modesto Perinatal Mental Health Week. (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.
CONSENT
An item may be removed from consent and discussed at the request of an audience member or Council member.
Consent
6. Consider approving the Minutes for the September 1, 2026 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
• Motion approving the Minutes for the September 1, 2026 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] - 5 -
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Consent
7. Consider approving the recommended budget adjustments to Fiscal Year 2025-26 and Fiscal Year 2026-27 Annual Operating and Capital Improvement Program Budgets; Amending the Fiscal Year 2026-27 Position Allocation; and Amending the Fiscal Year 2026-27 Classification Plan. (Funding Source: Various Funds) Staff Recommendation:
• Resolution amending Fiscal Year 2025-26 and Fiscal Year 2026-27 Annual Operating and Capital Improvement Program Budgets and authorizing the City Manager, to take the necessary steps to implement the provisions of this Resolution.
• Resolution amending the Position Allocation for Fiscal Year 2026-27 as adopted in the operating budget.
• Resolution amending the Position Classification Plan for the City of Modesto to create new classifications and amend existing classifications.
BUDGET; Kaceey Culbertson, 209-571-5855, [email protected] Consent
8. Consider approving an Agreement with The Salvation Army to provide operating support for the Emergency Shelter operations in an amount not to exceed $591,000. (Funding Source: Permanent Local Housing Allocation, Cannabis Community Benefits Fund)
Staff Recommendation:
• Resolution approving an Agreement with The Salvation Army to provide operating support for the Emergency Shelter in an amount not to exceed $591,000, and authorizing the City Manager, or his designee, to execute the Agreement.
• Resolution amending the Fiscal Year 2026-2027 annual operating and noncapital project fund budgets to establish a project for The Salvation Army Permanent Local Housing Allocation (PLHA) funding in the amount of $491,000 and budgeting the applicable revenue, expenditures, and transfers. • Resolution amending the Fiscal Year 2026-2027 multi-year fund budget to establish applicable revenue, expense and transfer budgets for the community benefit payment to The Salvation Army to be funded with cannabis community benefit funds in the amount of $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, 209-577-5211, [email protected] Consent
9. Consider approving the Final Maps and Subdivision Improvement Agreements (SIA), with SB Builders LLC, a California Limited Liability Company, for the Martin Tivoli Phase 1 and Phase 2 Subdivision, encompassing approximately 19.94 acres located roughly 300 feet south of Merle Avenue, east of Oakdale Road identified as APN 083 004 057. (Funding Source: Developer Fees)
Staff Recommendation:
• Resolution approving the Final Maps for Martin Tivoli Phase 1 and 2, - 6 -
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approving the Subdivision Improvement Agreements and authorizing the City Manager, or his designee, to execute the Subdivision Improvement Agreements with SB Builders LLC, a California Limited Liability Company and authorizing the City Clerk to certify the Final Maps and record with the Stanislaus County Recorder’s Office.
ENGINEERING SERVICES; Jaspreet Mangat, 209-577-5253,
[email protected]
Consent
10. Consider accepting the 2024 Sport Court Lighting Project as complete, releasing securities, releasing payments totaling $106,415 to Flouresco Services, LLC. of Phoenix, AZ, and authorizing the City Clerk to file a Notice of Completion. (Funding Source: Measure H)
Staff Recommendation:
• Resolution accepting 2024 Sport Court Lighting Project as complete, releasing securities, releasing payments totaling $106,415 to Flouresco Services, LLC. of Phoenix, AZ, and authorizing the City Clerk to file a Notice of Completion.
ENGINEERING SERVICES; Peter Kambel, 209-577-5444, [email protected] Consent
11. Consider delegating the responsibility for investment transactions to the Director of Finance and accepting the Annual Investment Report for Fiscal Year 2025-2026. (Funding Source: Various Funds)
Staff Recommendation:
• Resolution delegating the responsibility for investment transactions to the Director of Finance and accepting the Annual Investment Report for Fiscal Year 2025-2026.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected],
Consent
12. Consider approving an Ordinance repealing and replacing Articles 1, 2, 10, 11, 12, 17 and 20 of Chapter 2 “Vehicle and Traffic Regulations” of Title 3 “Public Safety” of the Modesto Municipal Code related to the management and enforcement of parking. (Funding Source: Not Applicable)
Staff Recommendation:
• Motion introducing and waiving the first reading of an Ordinance repealing and replacing Articles 1, 2, 10, 11, 12, 17 and 20 of Chapter 2 “Vehicle and Traffic Regulations” of Title 3 “Public Safety” of the Modesto Municipal Code related to the management and enforcement of parking.
FINANCE DEPARTMENT; Jeni Martin, 209-571-5892, [email protected] Consent
13. Consider accepting an Informational Report on the May and June 2026 Grant applications and awards. (Funding Source: Not Applicable) Staff Recommendation:
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• Motion accepting an Informational Report for May and June 2026, Grant applications and awards.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
Consent
14. Consider accepting an Informational Report for the July 2026 Accounts Payable Payment Register and Void Report. (Funding Source: Not Applicable) Staff Recommendation:
• Motion accepting an Informational Report for the July 2026 Accounts Payable Payment Register and Void Report.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected],
Consent
15. Consider approving a report on Fiscal Year 2025-2026 unclaimed funds of $46,085 that can be transferred to the General Fund. (Funding Source: General Fund) Staff Recommendation:
• Resolution approving the Fiscal Year 2025-2026 unclaimed funds of $46,085 that can be transferred to the General Fund.
FINANCE DEPARTMENT; Vanessa Ferrel, 209-571-5174, [email protected] Consent
16. Consider approving the Fiscal Year 2025-26 Write-off and Adjustments reports through Fiscal Year-end June 30, 2026, in the total amount of $448,861. (Funding Source: Various Funds)
Staff Recommendation:
• Resolution approving the 2025-2026 Accounts Receivable Write-Off and Adjustments reports through Fiscal Year-end June 30, 2026, in the total amount of $448,861 and directing a report of disposition to be filed with the City Clerk.
FINANCE DEPARTMENT; Vanessa Ferrel, 209-571-5174, [email protected] Consent
17. Consider approving a First Amendment to the Agreement with Brewer & Associates LLC, Lexington, KY, for the purchase of Jackets, Hoodies, and Beanies increasing the Agreement amount by $54,350 through the duration of the Agreement. (Funding Source: Central Stores)
Staff Recommendation:
• Resolution approving a First Amendment to the Agreement with Brewer & Associates, LLC, Lexington, KY for the purchase of Jackets, Hoodies, and Beanies, by $54,350, to a new estimated annual amount of $77,175, a new total amount not to exceed $154,350 through the term of the Agreement; and authorizing the Director of Finance, or her designee, to execute the Amendment.
FINANCE DEPARTMENT; Dianne Love, 209-571-5174, [email protected] - 8 -
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Consent
18. Consider approving the purchase for 18 Fleet Replacements for a total amount not to exceed $1,757,131. (Funding Source: Fleet Replacement Fund) Staff Recommendation:
• Resolution approving the Competitive Bidding Process from Sourcewell to Rush Medium-Duty Truck Centers of California, Inc. dba Rush Truck Center, Ceres, CA, to purchase ten (10) Ford F350 Trucks for an amount not to exceed $1,162,824; 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. • Resolution approving the Competitive Bidding Process from Sourcewell to Pape Machinery, French Camp, CA, to purchase eight (8) Trailers for an amount not to exceed $594,307; 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] Consent
19. Consider approving an agreement with Stanislaus County Behavioral Health and Recovery Services, Modesto, CA, for Crisis Intervention and De-Escalation Training for a total amount not to exceed $237,900 over three (3) years. (Funding Source: Police Grants)
Staff Recommendation:
• Resolution approving the Agreement with Stanislaus County Behavioral Health and Recovery Services, Modesto, CA, for Crisis Intervention and De-Escalation Training, for a three (3) year Agreement, for an estimated annual amount of $79,300, and a total amount not to exceed $237,900 over three (3) years; and authorizing the City Manager, or his designee, to execute the Agreement.
POLICE DEPARTMENT; Jessica Nicholson, 209-572-9500,
[email protected]
Consent
20. Consider approving an Agreement to upgrade the existing AssetWorks Fleet Management Software to the cloud-based solution, to AssetWorks, Inc., Berwyn, PA for a total amount not to exceed $731,837 over five (5) years. (Funding Source: Fleet Management Fund)
Staff Recommendation:
• Resolution approving the Agreement with AssetWorks, Inc., Berwyn, PA for the cloud-based solution Fleet Management Software for a two (2) year Agreement with three (3) one-year extension options, for a total year one (1) cost of $170,818 and a total amount not to exceed $731,837 over five (5) years, and authorizing the City Manager, or his designee, to execute the Agreement.
PUBLIC WORKS; Patrick Crowley, 209-342-2274, [email protected] - 9 -
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Consent
21. Consider approving an Agreement for Painting Services for Wastewater and Water Sites with D&H Painting Inc., Rancho Cordova, CA, for a total amount not to exceed $1,717,802, over five (5) years (Funding Source: Sewer and Water Funds) Staff Recommendation:
• Resolution approving the Award of Bid and Agreement for Painting Services for Wastewater and Water Sites to D&H Painting Inc., Rancho Cordova, CA, for a two (2) year agreement with three (3) one-year extension options, for an estimated annual amount of $343,560, and a total amount not to exceed $1,717,802, over five (5) years, and authorizing the City Manager, or his designee, to execute the Agreement.
UTILITIES; Jeff Daniels, 209-577-6255, [email protected]
COUNCIL COMMENTS & REPORTS
CITY MANAGER COMMENTS & REPORTS
HEARINGS
Published in the Modesto Bee on September 6, 2026.
22. Hearing to approve the City of Modesto’s Consolidated Annual Performance Evaluation Report for Program Year 2025-2026. (Funding Source: Various Funds) Staff Recommendation:
• Resolution approving the City of Modesto’s Consolidated Annual Performance Evaluation Report for Program Year 2025-2026 and authorizing the City Manager or his designee, 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] Hearing Notice mailed to appellant on September 11, 2026.
23. Hearing to consider the Appeal for the Final Revenue Audit Report for the period of July 1, 2024 through June 30, 2025 for McHenry Business Services LLC (Limited Liability Corporation) doing business as (dba) Planet 8ths Herbology. (Funding Source: Cannabis Administrative Permit Fees)
Staff Recommendation:
• Resolution upholding the Tax Administrator’s decision regarding the Final Revenue Audit Report for the period of July 1, 2024 through June 30, 2025 for McHenry Business Services LLC dba Planet 8ths Herbology.
FINANCE DEPARTMENT; DeAnna Christensen, 209-577-5387,
[email protected]
NEW BUSINESS
24. Consider approving the Agreement for the furnishing of City-wide Landscaping Services to Grover Landscape Services Inc., Modesto, CA for a total amount not to exceed $17,989,717, over five (5) years. (Funding Source: Various Funds) - 10 -
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Staff Recommendation:
• Resolution approving the Award of Proposal and Agreement for City-wide Landscaping Services to Grover Landscape Services Inc. for a two (2) year agreement with three (3) one-year extension options, for an estimated annual amount of $3,597,944 and a total amount not to exceed $17,989,717 over five (5) years and authorizing the City Manager, or his designee, to execute the Agreement.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [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