City Council - Regular Meeting

If having reached the hour of 05:30PM, I'm calling the 12/09/2025 Modesto City Council meeting to order and ask the city clerk to call the roll.

Council member Wright. Here. Council member Scudier Brayton. Here. Council member Alvarez.

Here.

Council member Ricky.

Here.

Vice mayor Bavaro.

Here.

Council member Williams. Here. Mayor Zwala? Here.

Will everyone please rise for the pledge of allegiance followed by the invocation from Mike Gunnarsson from City Ministry Network.

Indivisible, with liberty and justice for all.

Heavenly father, I wanna thank you for this cold but beautiful season here in Modesto. Thank you for the opportunity to be here this evening and participate in this form of government. Thank you for your many blessings. I pray that those who live here in our community who are broken, addicted, and living without hope or home, those who have lost jobs and are struggling with their health, I pray that they would find joy and hope and health and provision and a deep sense of community and fulfillment in their lives. I pray that families would thrive, businesses would prosper, our schools would flourish, and our farms would rich richly produce.

I pray that neighborhoods would experience peace and healthy relationships. May this truly be a great community to grow up and to grow old in for every citizen. I pray for these elected officials tonight. I pray that you would bless their families, businesses, friendships, and health. May each of them fully come to know your love for them. Be with them tonight as they address the issues before them. Give them discernment, wisdom, and boldness to serve our city well. I pray this in your holy name. Amen.

Amen. Thank you. Does the city clerk have any announcements?

Yes, mayor. Just a reminder, public comment is three minutes and there are speaker cards at the entrance of the chambers.

Thank you. Do any of the council members have any conflicts of interest? Alright. Seeing none. Next on the agenda is acknowledgments and presentations. Me. Will the city attorney please report out on closed session?

Yes, mayor. The council met under existing litigation in closed session. No reportable action was taken.

Thank you. Next is acknowledgments and presentations. Item one, presentations of the certificate of achievement for excellence in financial reporting and popular annual financial reporting award by government finance officers associations for fiscal year ending 06/30/2024 and presentation for the distinguished budget presentation award by GFOA for fiscal year twenty twenty five, twenty twenty six budget. And presenting will be Joe Lopez, our city manager.

Thank you, mayor. Council, tonight we are proud to recognize the city Of Modesto's continued excellence in financial reporting and budgeting. Each year, the Government Finance Officers Association, better known as GFOA, evaluates thousands of government agencies across The United States and Canada, Earning even one g f o GFOA award is a significant achievement, earning all three places Modesto among a select group of high performing organizations. This year, our city has once again demonstrated its commitment to transparency, accountability, and quality financial management. The city of Modesto has received the GFOA certificate of achievement for excellence in financial reporting for its annual comprehensive financial report, better known as the ACFR, for the year ending 06/30/2024, our forty second consecutive year earning this honor.

Established in 1945, this program recognizes governments that exceed minimum reporting standards by demonstrating transparency and full disclosure. This achievement reflects the dedication of accounting manager Maria Garnica and the entire accounting division. The city has also earned the GFOA popular annual financial reporting award for the eighth consecutive year. Created in 1991, the PAFR program encourages governments to present key act for information in a clear, accessible format for residents without a financial background. This recognition is due to the collaborative work of the community and media relations team, accounting, and budget staff.

And for the fifth time fifth year in a row, the city has received the GFOA distinguished budget presentation award for fiscal year beginning 07/01/2024. This award considered is considered the highest form of recognition in governmental budgeting, honors the budget documents that excel as a policy guide, financial plan, operations guide, and a communication tool. This award reflects outstanding efforts of the budget division and all city departments. By earning all three GFOA awards, Modesto is once again recognized with the GFOA Triple Crown, our fifth consecutive year achieving such distinction. This honor this honor highlights the city's continued commitment to high quality financial reporting, transparency, and adherence to national standards.

It would not be possible without the hard work and dedication of all of our staff across the entire city of Modesto. Thank you, mayor.

Thank you for the presentation. Are there any comments from council members at this time? Council member Williams.

Thank you, mayor. I'd like to definitely congratulate all of those in that department, particularly Deanna, who actually always shoots for the stars. And if you go to her office, you'll know why. But thank you to all of you who did and do so much for this community and, of course, the city of Modesto to keep us straight. So thank you very much.

Alright. Council member Ricky.

I think that everyone always takes good financial management for granted until it's not so good anymore. And so I just really appreciate the fact that our city is on lists like this and getting awards like this consistently every year. It shows what a high value the city of Modesto holds for financial responsibility.

Right. Any other comments at this time? Thank you everyone that's here this evening, plus those even that are not here and maybe listening online or just at home with their families for all of your work and dedication to make this happen. And I think council member Ricky stated it well that it's maybe one of these things that we think is just expected, but it does not always happen that way. And we're grateful that we have you here to do the work for us and to be accountable to our residents primarily for strong fiscal and account and financial accountability.

So thank you very much. We will come down for the presentation and photo. Alright. Next on the agenda is public comment. As noted on the agenda, public comment will only be in person.

Zoom will still be available for viewing and wordly translation. Thank you all for being here tonight. The city of Modesto council meetings are a place where everyone is encouraged to listen, share views, and participate in the decision making process that benefits our community. Your engagement is valuable, and it helps our council and city staff collaborate in finding solutions that enhance the quality of life for the residents of Modesto. To be fair and equitable, every individual has the right to speak at this council meeting.

However, it is imperative that we foster and maintain a respectful environment for the well-being and safety of for everyone present at these proceedings. It is the mayor's responsibility to preserve strict order and decorum at all council meetings. Pursuant to the charter of the city of Modesto article six, the mayor section six zero one powers and duties of mayor, The mayor shall have the authority to preserve order at all council meetings and to remove or cause removal of any person from any meeting of the council for disorderly conduct, to enforce the rules of the council, and to determine the order of business under the rules of the council. Accordingly, the city council meeting decorum rules are as follows. Please be respectful of all presenters, council members, staff, and members of the public.

Please refrain from clapping other than following a presentation. All speakers are encouraged to state their name and city of residence. All questions must be directed to the mayor. Please do not block the view of others by holding signs up during council meetings. Time limit for public comments is three minutes, but may be limited at the discretion of the mayor to manage the business of the council.

Speaking over others or interrupting while others have the floor is not permitted. Cell phones should be turned off or shall be set to vibrate during meetings. Thank you for your patience and participation as we work together to address the issues impacting the community. Maintaining order and decorum during this city council meeting is crucial in the effective governance of Modesto and ensuring the council's decisions are reflective of the community's priorities. Anyone disrupting the council meeting may be asked to leave.

Does anyone wish to speak on any item under public comment? This is for items not on the council agenda, and you have three minutes to speak. Anyone wishing to address the city council is asked to follow the rules of decorum. The rules of decorum were posted at the entrance of the chambers. I will read the speaker cards in the order that I received them. Lynelle Solomon.

Good evening council members. Thank you for the opportunity to speak today. We are facing a housing crisis that demands immediate and coordinated action. In the coming months, hundreds of people in our community, families, seniors, veterans, and children are at risk of losing their homes as existing support systems run out. With no federal funding available, the responsibility to act now falls squarely on us at the local level. These are not statistics. These are people who make up the fabric of our communities, our neighbors, our employees, our classmates, our friends. Some and when someone loses their housing, they lose their stability. Jobs become harder to hold on to. Children fall behind in school.

Physical mental health decline. Once homelessness begins, the path back to stability becomes longer, more complex, and significantly more expensive for local governments to address. We know this. Every dollar we fail to invest in prevention today multiplies in crisis response costs tomorrow. This is why the emergency shelter must be part of our immediate strategy.

We cannot wait for future grants or lengthy processes while people sleep in cars, in parks, on sidewalks. Emergency shelters are not the final solution, but they are the first layer of protection. They provide warmth, safety, dignity, while long term solutions are developed. As we explore options, we must use resources resources we already have. One realistic immediate possibility is the Modesto Century Plaza with appropriate staffing, security, and coordination with service providers, it could serve as a short term emergency shelter, a safe controlled environment that prevents families and individuals from falling into street homelessness while long term housing strategies move forward.

It's not perfect, but it is possible. And right now, possible is what people need. Local governments, nonprofit, and community partners must come together and align resources, streamline approvals, and identify spaces that can be activated quickly. Acting now protects public safety, public health, and human dignity, and it prevents far greater costs down the road. Housing is not a privilege.

It's a basic human need, and a foundation of a healthy community. Every night someone sleeps on the streets is not just a moral failure, it's a policy failure. But every step we take, every shelter bed we open, every family we keep housed, every unit we save, is a powerful statement that we value the people we serve. The crisis is here, the need is immediate, and the time to act, to build, to protect, and to shelter is right now. Thank you.

You're welcome. Thank you. John Carvalho?

Hi. My name is John Carvalho. I own Mazda's Plus over on North 9th Street. And the Wednesday before Thanksgiving, got a notice on our door about the roadwork that's gonna be taking a year long. And I tried to look on websites and try to figure out what's really going on. I was hoping I can get steered the right way or where to go to figure this out.

All right. Thank you for being here this evening. And Scotty Douglas is going to give you some information

Okay. On

you. That's it.

All right. Thank you. And connect you so that you can get more information too. All right. Thank you. Next is Nancy Robinson.

Good evening, mayor and members of the city council. It's my pleasure to be here this evening. My name, again, is Nancy Robinson. I live in Modesto. I'm president of the Modesto Garden Club.

And I'm so glad that I've gotten to know so many of you. I'm here this evening to let you know about the upcoming annual elegant holiday table viewing, and I gave you all a flyer for it. This will be held tomorrow, December 10, from one to seven, and it will be at Del Rio Country Club, which is at 801 Stewart Road here in Modesto. Tickets are $15 and can be purchased at the door. We encourage the public to join us with this dazzling display of 30 table settings.

We also will have spectacular raffle items that you won't want to miss. We always appreciate the support of the community. Also, we have a date set for our annual spring garden tour, will be April 18 next year this this next year, 2026. And we already have 25 beautiful homes on our schedule. I'll be updating you more about that as the date approaches.

As you know, the downtown center plaza is scheduled to be replaced with a soccer stadium. The Modesto Garden Club is actively involved in making sure that the Eileen Gallo Memorial Clock is relocated to an appropriate location in Modesto to continue for it to be the iconic symbol in Modesto that it is. We have just finished planting the clock for the winter. And a month ago, we also planted our 152 downtown pots to help make the city beautification what we maintain. Another honor worth mentioning is this last year, one of our members was selected as youth leader of the year for the entire state of California, among the two twenty eight garden clubs for the California Garden Club Incorporated organization.

She was recognized for demonstrating the most ingenuity and dedication in working with youth groups. She works in 19 elementary schools here in Modesto, teaching students the importance of eating properly and how to grow food with hands on practical learning. Last September 19, we installed a Blue Star Memorial marker, which our club purchased for the commemorative Air Force Central Valley California Air Force, Squadron hangar. This special ceremony was attended by many of the members of the city council, and I really appreciate that. Thank you all for your support for the club. Have a wonderful Christmas. And don't forget our table viewing is tomorrow. God bless you.

Thank you. Next is Lucas Spijksma.

Again, my name is Lucas. I live here in Modesto, and I wanted to come with a not a concern, but a suggestion for our Modesto Police Department text system. So my suggestion was to include Zero Eyes software in our schools, government facilities, and other concerned properties. To further violence, we should consider a potential upgrade to Zero Eyes to include one or more algorithms for sharp objects including knives that could potentially be used in the commission of a violent crime. Thank you. Any concerns with from you?

I appreciate your comments. Thank you. Next is Ray Ruiz.

Hi, everybody. Ray Ruiz. Trevor Sieber was my son. Twenty days from today will be five years now since we've lost Trev. And my wife, Darlene, and I have been coming in to these meetings now since early twenty twenty one. And, you know, five years later, I just wanna say, don't see a change at all. Maybe you hired the OIR group. You hired a community police review board, which everybody knows is reviewed by the police. They don't review the police. It just doesn't seem like anything has happened at all as far as police reform.

Lamentia still not going through any arbitration. I just don't see anything that's happening. I don't see anything that this council has done. Personally, I don't even think this council cares. I think you guys come here and like to take a picture with somebody at the beginning. Listen to us talk, but you really don't care if anything really happens with police reform or anything to do with what happened to tragedy that happened with Trevor. So just making my point again.

Thank you. Next is Darlene Ruiz.

Good evening, city council and mayor. Like my husband said, in twenty days, we'll be five years since Trevor was killed. I have some names to read. Francis these are the people that Joseph Lamatea has killed. Francisco Moran, 45 in 2010.

Omar Vela Gomez, 21 in 2016. Kim Jackson, 50 three 2016. Garrett Schmidt, '33 two thousand sixteen. Trevor Siev well, David Cummings was shot by Joseph LaMatia eight weeks before he shot and killed my son. Had something happened, if somebody would have stood up in 2016, Trevor would still be here.

We've been fighting for police reform, and we feel like nothing's changed. Joseph Lamatillo was charged for killing Trevor, and those charges were dropped. Joseph Lamatillo was fired, and now he's fighting for his job back. We've been waiting for him to go to arbitration, And for some reason, we're almost on five years, and that hasn't happened. I've met with oh, I wanted to say, Lama Tia, instead of being hold accountable for all these killings, he was promoted, he was put on the SWAT team.

He was never held accountable for killing anyone. I've met and spoke with a lot of you on city council and privately. Many of you have stood by me and my family and told us you support us and you don't believe Joseph LaMatiez should be on the police force. But publicly, not one of you have stood up with me or my family. Chris Ricky, you came to me and asked me to campaign with you to get judge Carrie Stevens off the board, off of being a judge.

But you said your name couldn't be anywhere, that I would have to put Trevor's name and our name on there, but you would back it. Why wouldn't you stand up with us? Why be two faced? You back the police, but then you want me to campaign with you. How are we supposed to respect you? How you feel, if you really feel you want change, that's what you're here for. That's what you're on this board for, to stand up and make change, not pacify us. If that's how you really feel, then stand up. Be out there with us. Thank you. You're welcome.

Alright. Are there any other members of the public that would like to speak for items that are not on the agenda tonight? Steve?

Mayor of city council, my name is Harlan Devon. I'm a resident of Modesto. I wanna, mirror the comments that Trevor Sievers Sievers family just made. We have a community police review board in Modesto that is unfunded and toothless. A community police review board that made recommendations to this council that were ignored, a community police review board that was put in place after horrors happened in Modesto that needed to still be held accountable, things that still have been unanswered, a community police review board that is doing their best work to advise this council, their best work to advise the city, and again, is being ignored.

I ask that you open an independent investigation in MPD's actions on 06/14/2025, where they wrongly arrested protesters in Modesto Center Plaza or excuse me, in 10th Street Plaza and broke bones in, in carrying out those arrests. I ask you to make the recommendations matter for the CPRB. I ask you to show more accountability to residents than you have here. You made more comments on the wonderful finance award that was received than you did about first amendment violations in your city last week. It's hard to be a resident of Modesto right now and feel like I am heard or that my opinion matters or that the opinions of the 135 comments that were made here about First Amendment violations matter.

I ask that this council look up from your phones, and please pay attention when people are talking about these violations. Thank you. I'll be back every meeting. I'll be talking about this, and I want to see the community police review board treated with the respect and dignity that it was created with. Thank you.

You're welcome. Alright. Steve.

It truly is sickening to stand here and look into your faces. But here I am because I give a damn, because I come in basically, like, in the name of human decency, love, all of these things. And all you guys have done is, like, villainize me and others who stand up for what is obviously right. Five years ago, this month, your police department, the Modesto Police Department, murdered Trevor Seaver. Notice I did not say that it was specifically Modesto Police Officer Joseph Lamentia because anybody with half an ounce of reason who pays enough attention sees that it's systemic.

And in the roughly four years that I've been putting my energy into advocating for police accountability and putting the people over their regime, which is essentially what it is, I I've seen nothing but a pattern and I and, like, the jig is up. Forward together, like, you obviously designed it so that it would work out this way. With the CPRB, who makes recommendations and you ignore it. It truly is sickening. The offensive things that some of you folks have said, like really disgusting things, being literally assaulted and threatened by one of you.

Shake your head all you want. It's a joke. The people need you. Unfortunately, we are in the position to rely on you. So it's not enough that I care. It's not enough that for some reason I can don't mind coming up here and getting sassy with y'all even though it scares the shit out of me sometimes. That won't do us any good because you guys, you smirky, smarmy little fellas y'all, like are achieving your goals. And it's really obvious to most sensible people. I would like to take a moment of silence for your victim, Trevor Seaver.

Thank you.

Thank you for not listening whatsoever. Keep on your charade. Enjoy yourselves.

Alright. Is there anyone else that would like to speak for items not on the agenda? Thank you.

Good evening, mayor, councilor. Zafar Solomon from Modesto. Anyway, I just want to help a little bit to my wife from not that she need my help. She's doing pretty good job for herself, but I just want to talk about the money that probably going to lose here, federal money that we're going to lose. And I think I talked about it about two years ago already.

And you know, all this money that we're going to lose, and Chris Ricky, I remember you complaining that we're blaming you, and you just followed the rules and blah blah blah. Nobody blaming you. But I tell you what, I'm blaming all of you. Not when you knew that money been waste on all this permanent housing, and you guys wouldn't agree to talk to the county people, talk to the people in Sacramento, talk to the people even in Washington DC, and do something about it. I tell you why federal government stopped giving money for permanent housing.

When California spent in well, two years ago, it was 24,000,000,000 in about four, five years with no accountability. Now we're talking about probably over $30,000,000,000 and no accountability. And this is why why they're going to stop giving money. Because there's so many project that they finish the project and nobody nobody even housed. And I tell you what, you put in project here in town where those small apartment, each apartment going for $450,000.

You can build a house for $450,000. I saw these private contractors that put in project down south doing the same, fixing motels, old motels, $75,000 for each room, doing the same what you guys voted to do here in town. So this is the reason why the federal government said, enough, it's enough. We need accountability. So right now, it's on you to make sure that the people who's going to be on the street, and I know a lot of them because my wife, people already told her, but many people told her they gave sixty days they're going to be on the street.

Sixty days. So it's on you to make sure that they won't be on the street, and now it's on you to work with the county, with the people in Sacramento, because that's why you got voted to your office to to do those things. And now it's on you. Thank you.

You're welcome. Alright. Mhmm. Welcome.

Hi. Juan Thijs, Westminster resident. I got lots of love for all of you guys. And today, wanna share a little bit of tough love. Practicing my accountability with others, and I think that last week on the issue of the mask ordinance where nobody said anything It's a little tough to experience when this was a key issue for a lot of us.

A lot of folks took their time and came here to share their peace with you all, and nobody said anything. This is the only platform that we can come to due to the Brown Act and all come together and talk about city issues. And no one said anything. No one asked a question. And so in in the name of engagement and transparency, you know, I wanna hear the challenges that we have in individually on any subject.

But as leaders, we all need to be sharing what our thoughts are, where our challenges are so that we know the citizens, their constituents. We shouldn't be quiet, especially on issues where the first amendments could be a concern. People care. Let us care with you. Thank you.

You're welcome. Alright. Any other comments? Not on the agenda? Alright. Next on the agenda is consent items. An item may be removed from consent and discussed at the request of a member of the public or council member. Is there anyone in the council that would like a consent item removed for further discussion? Seeing none, is there anyone in the public that would like an item removed from consent for further discussion or comment? Please let us know which item you'd like removed and whether you want it for discussion or not.

Item eight

for discussion. Thank you.

Alright. Thank you. Will the city clerk please read the consent items?

Item two, consider approving the minutes for the 12/02/2025 council meeting. Item three, consider approving final adoption of ordinance three eight zero five c s, amending the City Of Modesto Municipal Code title four 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. Item four, consider approving the mayor's appointments to the city of Modesto standing committees and the city council liaison committees and appointing a vice mayor for the 2026 calendar year. Item five, consider approving the seventh amendment to the joint exercise of powers agreement between the city of Modesto and the County Of San Jose for emergency dispatch services extend the agreement to 12/31/2026 and appointing mayor Zwolland and council member Wright as commissioner to the consolidated emergency dispatch agency and council member Scoutier Brayton as the alternate commissioner effective 01/01/2026. Item six, consider approving the purchase of a restroom building for the Sherwood Park restroom replacement project from Public Restroom Company of Minden, Nevada for a total amount not to exceed $294,665.

Item seven, consider approving the auditor's reports and schedule of measure l program revenues and expenditures for fiscal year and 06/30/2024. Item eight was removed from consent.

Thank you. May I have a motion to approve the consent calendar as read? Moved by council member Alvarez, seconded by council member Wright. And will the clerk please call the roll for this count consent calendar?

Council member Wright. Aye. Council member Scoutier Brayton.

Aye.

Council member Alvarez.

Aye.

Council member Ricky.

Aye.

Vice mayor Bavaro. Aye. Council member Williams?

Aye.

And mayor Zwolland? Aye. Carries unanimously. We will go to consent item eight. Consider approval for the first for for the First Amendment with Grover Landscape Services Incorporated, Modesto, California for the landscape maintenance, weed abatement, trash removal and rodent control services, increasing the agreement amount by $118,511 And we will have a staff report by Will Wong, our director of utilities. Welcome.

Thank you, mayor. Good evening, mayor, council members. I'm Will Wong, director of utilities. So item number eight is a the first amendment to a Grover contract that we already have with Grover. What the wastewater division has found is that we have read we have redone our Center Road entrance facility, and we have some other lift stations that we are planning to build. So we've asked Grover to provide a quote, and they provide a proposal for us to for them to provide landscaping services for those facilities. I'd be happy to answer any questions.

Alright. Any questions from council members? Vice Mayor Bavaro.

Thank you, Mayor. This will be going out to bid in a couple years. Correct?

I believe next year.

Next year.

That is our

citywide landscaping contract will be bid next year.

And okay. Next year. And and this will be kinda like what I've been talking about with Parks and Recreation, you know, who are dealing with the landscape where we're able to break this down so we get more companies, more vendors to be able to participate in the bidding process. This will also be part of that package.

Yes. For that package, we will be looking at the separate divisions and departments that have different landscaping needs. And so the this contract here that we're we have tonight is a stop gap until we have a new contract.

Thank you.

So my understanding is the reason this is being added, the increased amount is because we're adding additional areas. That is correct. And I missed the first area that you said, and then you mentioned several of the lift station areas.

Right. This is at our Sutter Road entrance facility.

Oh, it's Sutter.

Sutter. Yes.

Okay. The Sutter facility is being added to this contract as well as other lift station areas. Alright.

Correct.

Thank you. Any other questions from council members? Seeing none, we'll open this up to the public.

Yes. Kevin McClarty, District 1. So well, first of all, I see that basically this doubled in cost. But I guess he explained that it's because a lot of services were added. But

the other

thing is I'm concerned about the rodent control. The reason being that I wanna know how the rodents are being killed. Are they being trapped or are they being poisoned? Because if they're being poisoned, then that engenders an environmental risk because that means that any animal that eats that rodent can die too. Owls, hawks, cats, other animals.

Now you've got an environmental problem that you've created by poisoning these rodents. And so how is the rodent killing being done? And also, specifically, what kind of rodents are being killed? Are we talking about mice, rats, or what are we talking about here? Are they in their natural environment?

Are we killing rodents in their natural environment? And it begs the question of, Okay, if they're being killed in their natural environment, where do they have a right to live? I mean, every animal, every species has a right to live somewhere. So, you know, I understand the concern about rodents in urban areas and in subdivisions and things like that, But if we're killing them out in fields and things like that, that's their natural environment. So there are some real environmental concerns that I have pertaining to this that I would like to have addressed. Thank you.

You're welcome. Thank you. If you could please address those to the best of your ability or follow-up with more information later.

Yeah. Thank you. I am not a road control expert. However, road control is very important for the city facility. So we're not going out in the fields. This is only controlled at our facility. So at the center entrance as well as our different lift stations. Rodents have been a nuisance. They are known to chew wires of our pumps and electrical equipment, so we wanna make sure that we address those issues that are happening on our sites.

Alright. Thank you. Any other comments from the public regarding item eight? Consent item eight. Seeing none, I'll bring this back to the council.

Any comments from council members? Seeing none, I need a motion for resolution approving the first amendment with Grover Landscape Services Incorporated, Minnesota, California for the landscape maintenance, weed abatement, trash removal and rodent control services increasing the agreement amount by $118,511 to a new estimated amount 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. Do I have a motion?

So moved. Second.

Motion by council member Wright, second by council member Ricky. Will the clerk please call the roll for this item?

Council member Wright. Aye. Council member Scuthia Brayton. Aye. Council member Alvarez. Aye. Council member Ricky.

Aye.

Vice mayor Bavaro.

Aye.

Council member Williams.

Aye.

And mayors Welland. Aye. Carries unanimously. Next on the agenda is council comments and reports. Do any council members have any comments or reports? Council member Wright.

Thank you, mayor. Mhmm. I just wanna thank our team for our national night out. Modesto came in number one in California for national night out, and we're number five in the nation. So I mean, that's a great great honor.

I think we've been number one for those last several years, I believe, if I'm not mistaken. So I wanna thank our police department, our chat team, our all of our officers that are out there, fire department, and everybody that was out on National Night Out. Also, I wanna just report some information about our our crime in Modesto. Our our major violent crime is down 13%. There's zero homicides so far this year.

Robbery down 23. Major property crimes were down 25%. Auto theft was down 44%. Commercial burglary is down 34%. Residential burglary is down 12%, sex offenses were down 28% and DUI crashes were down 20%. So our police department along with our chat team and our park rangers, we have everybody working together as a team to really make this a safe city for Modesto. My hats off to our chief and his team for really doing a great job. Thank you.

Alright. Thank you. Council member Ricky.

Thanks, mayor. I wanna start off by, echoing council member Wright's sentiments here. The it's clear that the the plan that the city and MPD came up with to harness Measure H dollars has really really directly benefited the city in terms of a lot of reduced crime. And I think that we need to really look over that and and appreciate that work because it was done right. And we need to look at ways we can learn from this the moves that we've made made and try to make more moves like that because it's working.

Yeah. So agree. Everyone's asking also what we're actually doing to improve the Stanislaus Animal Shelter. I've been here talking about ways things we should do. And the answer is that we're executing the plan.

We've signed up over a 100 people for the fix salsa team in the first twenty four hours, and we'll be starting to make recommendations to all the councils and boards that are involved in the animal shelter in January. It's not too late. You too can, join the movement to change salsa. So send me an email at, c ricki, that's cricci,@Modestogov.com, and I'll send you a sign up link. However, in the spirit of the season though, I have a few things that I need to ask Santa to try to do, you know, just for now.

And now I know, like, times are pretty tough right now, so I'm gonna only ask for things that won't cost, Stanislaus Animal Services, any money at all. So, Santa, can you have salsa allow people to drop off animals without an appointment? And can you make the euthanasia deadline at a time when regular humans are awake so that more dogs are saved? And, Santa, can you have the shelter answer the phone when people call? And and saving the best for last, can you release best friends and and the capacity of care model?

If anyone can help move hearts, maybe even more, than Salsa, it's it's you, Santa. So thank you for listening and for caring and for giving us hope that next year can be better, for every animal who needs us.

Alright. And council member Williams.

Thank you, mayor. And I also agree with both of my colleagues' comments, including the Santa one. Thought that was quite interesting and unique. Thank you for doing that. I definitely wanna thank the council and mayor for their vote of confidence for myself to be able to serve as vice mayor in the year 2026.

I will definitely do my best job. Also, my grandson had a birthday and he turned six on the November 29, but today is his sister's birthday who turns three. My grandson's name is Zaden King Jeremiah Williams, and then my granddaughter's name is Zaria Rose Williams. So happy birthday to both of them, and may their Santa provide for them as well. And lastly, Merry Christmas to each and every one of you and happy New Year because we won't be able to see you until then.

So enjoy this holiday season with your family. I know as it was already spoken. There were some tragedies that, of course, that is not good. However, let's do the best we can to love one another in this community. Thank you, mayor.

Mhmm. Council member Scoutia Brayton.

Thank you, mayor. Also, I would love to give my thanks and appreciation to our city of Modesto extended family, that being the over approximately 1,500 men and women that come to work every day and work very hard to keep our lights on, our streets clean, our trees trimmed, in particular our hardworking men and women from the police force and our fire department that put their lives at stake to help others. Very much appreciate them. And given that this is our last meeting for the year, it's been a tough year. It's been a hard year, and we've had many successes, And I'm grateful for them.

And in the vein of Chris Ricky, I also chose to be a little bit creative at this meeting. And I have come out of my comfort zone a little bit this year. Last week, I actually sang a song at a tree lighting ceremony that I attended. So for this meeting, I did a very quick poem that I'm going to read to you all. Okay. No laughter, because I wrote this with all sincerity. A holiday Modesto poem from me to you. May this season bring peace to your homes, laughter to your streets, love to our hearts, and prosperity to our region. Central Valley magic. Not flashy.

Not real. Nope. Not flashy, but real. Hard work, big heart, strong roots, holiday cheer. We have much to celebrate. Our wins have been many. From baseball to soccer to parades, Modesto continues to innovate so we can motivate all who call Modesto home. We got here together. No one did it alone by working as one for this city we all call home. So let us be thankful for the many blessings we share, and from my family to yours, happy holidays, good health, and good care. Happy holidays, everyone. Be well.

Beautiful.

Alright. Alright. I just would like to report on the South Modesto Business United Posada where probably, I don't know, hundreds if not thousands of gifts are given away to children to celebrate Christmas and the holiday season, and it's heartwarming to be a part of that, and to see the smiles on their faces. I was invited and participated in the Shriners Children's Hospital tree lighting ceremony in Sacramento. Council member Scooby Brayton attended with me also in Sacramento.

And one of our very own children from Modesto named Micah, who is a double amputee and is just a champ all the way around, was honored as one of the children who had a tree lit in his in his name. So he was there with his family, and it was truly an honor to be there and honor Micah that that evening, last week. And our parade was, it was cold, but our streets were lined with thousands of people. The colors, the lights, the participation was humbling. It was really a beautiful thing for our community, something to celebrate, and again, especially for children to enjoy.

So I was pleased to see the excitement surrounding the parade. Those I don't see anyone else for comments and reports. Does the city manager have any comments and reports?

Yes, mayor. Thank you. Just want to take a moment to recognize Bill Sandu on a distinguished career here with the city of Modesto. Bill's retiring on Christmas, so maybe Santa's delivering special gifts, council member Ricky, for for Cats. Mister Sand cats. So we just wanna give you a little history on Bill. He was born and raised in India and came to United States and earned a master's degree in civil engineering from Sac State. Go Hornets. There you go. I'm a Hornet myself.

He has over thirty one years of experience. And prior to coming to the city of Modesto, he worked for the state of California for ten years and joined the city in 2004 as a senior civil engineer in the public the then public works division before transferring to CED, becoming the city engineer in 2008. Bill was promoted again to the public works director in 2015 where he inherited a new department and was responsible for rebuilding and restructuring the department that you see today. Some of Bill's highlights that I will note are he managed project managed the $65,000,000 Palindale Interchange. So as you guys drive under the Palindale Interchange, you can thank Bill Sandu for that.

And if you don't like it, he'll sure he'll share his personal email with everybody. And I think the one that that will probably go the most unnoticed that but I believe was the most impactful was his strategy to eliminate our high voltage circuit that plagued this city for many, many years. And it was through his hard work and dedication that he found the funding sources as well as strategy to complete that project, in an expeditious and timely manner. So thank you, Bill, for all that you've done. Your accomplishments here will be long lasting, and we wish you the best of luck in your future endeavors. Wow. Thank you, Bill.

We appreciate you, and you will be missed. Thank you. Next on the agenda is hearings, item nine, a hearing to consider approving final adoption of ordinance three eight zero two dash c dot s repealing and replacing chapter one of title three of the Modesto Municipal Code amending the city's fire code to adopt the 2025 California fire code, and we will have a staff report. Welcome.

Good evening, honorable mayor, members of council, city staff, members of the public, David Bickel, deputy fire chief, and your fire marshal. The item excuse me. Sorry. The item before you, as you'd already described, is a hearing to consider the approval of the final adoption repealing and replacing chapter one of title three of the Modesto municipal code, amending the city's fire code, and adopting the 2025 California fire code. I have a small presentation for you.

And this is the municipal code update for the California fire code 2025, California code of regulations title 24 part nine. Just a quick background. California fire code or the CFC, as it's well known, is updated every three years. It's the triennial code adoption. The CFC is part nine of the California code of regulations from title 24.

Title 24 contains 13 parts, which include building, residential, electrical, mechanical, and plumbing codes. You would know those as the building code. Title 24 is regulated by the state of California legislature, and part nine, as we're dealing with tonight, is delegated to the California state fire marshal for regulation and enforcement. Title 24 is based off the International Code Council or the ICC building standards, which is considered the model code. State code adoption timelines.

So in January 2025, the ICC or the International Code Council released the 2024 fire code, and then it was handed to the state fire marshal from January through June 2025 where they reviewed this document. Then in July 2025, they give this document to the local entities or jurisdictions for their review, where we have the option to look through that document for the next six months and then make our local adoptions and recommendations. And then in January 2026, the new fire code, the 2025 it's kinda confusing. My wife tells me not to nerd out, so I'll try not to. The 2025 code becomes law in 2026.

And then upon approval of the city council, we send a letter to the California Building Commission, as findings for the local adoption. Local adoptions are to ensure the needs of the jurisdiction are met in the fire code. Local municipalities are allowed to make more stringent changes to the CFC. Local municipalities are not allowed to make requirements less stringent. With that, I'll take any questions.

Thank you. Alright. Thank you. Does council have any questions at this time? Council member Wright.

Thank you, mayor. Chief, do we have any information on what the local adoptions are? Are there any new adopt adoptions that are coming forward?

They were in your packet. Yeah. There's several. Okay. Did you need me to read to you the adoptions?

How many you say several. What would you say? Can you give me some examples, please?

Oh, so I'm sorry. Just some of the examples of the adoptions that you're making. So we adopt appendix d of the California fire code. That really deals with fire department access. So appendix d is not adopted by the state fire marshal. However, we find that it gives much more validity to fire department access, which which is actually covered in chapter five. So some specifics about that. You would see a dead end road or a fire lane. But in then appendix d, we actually find where it gives greater detail on that, especially when it comes to, like, a gated community about gates that they're gonna put across that, single lane, fire lanes are I'm gonna nerd out. Sorry.

20 feet. But in there, it allows for it to go down to 12, but our local adoption says it should only be down to 15 feet. So that's just to make sure that our fire trucks can get through. K. So that would be an example.

Any update on on building codes for the fire department on this?

Well, building codes would be adopted. And so the building department the building codes and the fire codes are similar when it comes to chapter nine for fire sprinklers, chapter 10 when it comes to egress. So we don't make too many adoptions in chapter 10 because the state adopts that. Okay. When it comes to chapter nine, that's where we get sprinklers and fire alarms.

So we make some more local stringent adoptions there for fire sprinkler ordinance, fire alarms. So when it comes to things like UL certifications and items like that, updating your fire coat your fire panel, we try and make sure that they're more up to date and covered by NFPA 72 chapter 26 where that's where we want central station monitoring. So when the alarm goes off, if there's a problem, we have a runner service that comes within four hours to make sure that the alarm's at least being looked at and and taken care of.

Thank you.

You're welcome.

Council member Williams.

Thank you, mayor. So, David Yes, sir. Are there any changes to the public events? Anything on public events or for the fire marshal on public events?

Not not when it comes to the fire code.

Okay. Perfect. No. Thank you. Just just checking.

Nope. Nope. Your your public events, we work with parks on that, and we developed a a good guideline to try and help be forward facing to the public and streamline that, but also ensure that we get those items.

But no changes?

No, sir. Thank you.

Alright. Any other questions from council at this time? Seeing none, I'll now open the public hearing. Are there any members of the public that would like to come forward regarding item nine? Seeing none, I will close public comments. Any comments from council members? None at this time. I need a motion approving final adoption of ordinance three eight zero two dash c s repealing and replacing chapter one of title three of the Modesto Municipal Code amending the city's fire code to adopt the 2025 California fire code. Do I have a motion?

So moved. Second.

Moved by count vice mayor Bavaro, seconded by council member Williams. Will the clerk please call the roll for this item?

Council member Wright. Aye. Council member Scutiabreighton.

Aye.

Council member Alvarez. Aye. Council member Ricky. Aye. Vice mayor Bavaro. Aye. Council member Williams. Aye. And mayors Wallace.

Aye. Carries unanimously. Seven zero. Next item 10, hearing to consider accepting the public health goals on the city Of Modesto's water system in compliance with title 22 of the California Health and Safety Code. And we will have a staff report. Welcome.

Good afternoon. Mayor and members of the council, Manuel Martinez, water division manager. I have a quick report for you on the twenty twenty twenty twenty five public health goals report. Quick background on this. It was established under the Safe Drinking Water Act in 1996.

Public health goals are developed and published by the Office of Environmental Health Hazard Assessment. Public health goals are set at a level where there's no known or anticipated health effects with ample safety margins. I'd wanna say that maximum contaminant levels or MCLs are protective drinking water standards, protecting drinking water standards that require to be are required to be met by public water systems. MCLs are regulatory definitions of what is safe. They're set by the US EPA and the California State Water Resources Control Board Division of Drinking Water.

Let's go to the next page. Sorry about that. The city Of Modesto public health goal report, is required to include a numerical public health risk, the category or type of the health risk, the best available treatment technology, and the total annual o and m cost to treat the constituents. K? Next slide.

This is the actual list of constituents. This is the three year reports of 2025. We've reported on some of these. There are approximately eight new ones that meet the public health goals requirement to be reported on. Impacts to the city of Modesto.

K. The drinking water quality of the city of Modesto meets all state water resource control board in US EPA drinking water standards or MCLs set by set to protect public health. PHGs are based on public health risk considerations and are not required to be met by any public water systems. In the contiguous water system, Modesto, we have the surface water that provides for greater protection of public health without any additional investment in wellhead treatment. And the total cost to treat down to the PHD levels would be $51,000,000 annually.

And with that, staff recommends council accept the 2025 public health goals report And I'd be happy to answer any questions.

Alright. Thank you. Does council have any questions of staff?

Actually, do, ma'am.

Alright. Council member Scooby Brayton.

The number just really shouted at me, 51,000,000 annually. So in Modesto's wells, to meet PHG standards is estimated to be 51,000,000 annually. Is this a are there plans to meet the standards?

The public health schools are not required to be met. Okay. The MCLs are. Furthermore, this would be a big burden on ratepayers to meet these $51,000,000 price tag annually. That does not include capital. This would only be operations.

Okay. So that is a bullet point that is we have no plans to act on or burden our taxpayers with?

That is correct.

Got it. Thank you.

Alright. Any other questions from council? Seeing none, oh, I will I'm sorry. Council Member Ray.

Explain what's p PH.

PHGs are public health goals. It was established back in 1996 by the Safe Drinking Water Act. But the public health goals are developed by the Office of Environmental Health Hazard Assessment. It is a method of informing our council and the public. That's what the goal of the public health goals are.

Thank you. You're welcome.

Alright. So I do need just a little more explanation about the slide four, I guess, page four.

Okay.

On this where it has the public health goals and then the NCL, which is the maximum contaminant limits. Correct. And then the maximum detected.

Correct.

So can you explain that? Because in some of these areas, the maximum detected is more than what the limits are. I I know I've seen this in previous years. Yes. And that this is common, and I appreciate it being called out.

Is is there one in particular that

Well, the one that

stands out to you.

Came to my mind is is the ones that exceed the maximum contaminant limits. So if they exceed I mean, there's pick any one of them.

Yeah. There there there was a couple of, there were detections. There was two wells, I believe. One is was well two eighty five, and it was a benzoyl pyrene. That well has since been turned off and is inactive.

Okay. That I guess that's what I was referring to. Like, noticed in that case, it's

Yes.

The maximum detected was obviously well over the the limit. Yes.

So That will

action has been taken

Correct.

To address the issues.

That's the way. That is correct. Thank

you.

You're welcome.

That's what I wondered. I appreciate that. Any other questions? Seeing none, I'll now open the public hearing. Are there any members of the public that would like to come forward regarding item 10? Welcome.

Hey. Good evening. Juan Diaz, West Modesto resident. I have some experience working with the Riverbank water folks. And in regards to some of these so I know some of the PFAS, some some of that technology in regards to mitigating some of that. Okay.

Be sure and just

Yeah.

My bad.

Speak to us. No. It's okay. Just to remind you because we're the ones that ultimately make the decision. So if you speak to us with the questions, then when they respond, they can respond back to us, and then we get the same information.

Yeah. For sure. Thank you. And so I know some of the PFAS, it's it's there's it's there's a little bit of issue with mitigating some of that, and I'm pretty sure those are, like, forever chemicals. And then arsenic, that's some of already naturally occurring elements already in our wells.

My question is around how many wells have been shut off due to some of these contaminants, and are we tracking where those wells are? I I would really like to know in terms of, you know, just the health of our residents to see, like, District 2 wise, where some of these wells may be may exist. Currently, I'm tasked with working on our Department of toxic substance tag grant, and we're looking at barium. And so I wanna see in terms of, like, water issues, where some of these contaminants are, and, like, also, also, like, where what populations they're most affecting. Thank you.

Alright. Thank you very much. Alright. Would someone like to respond or at least give some contact information for specific follow-up?

We can do either or, mayor.

Okay. Feel free to respond to us tonight so we can make a good decision.

Yeah. I would like to provide my contact information or Scotty can Okay. Reach us so we can provide more detailed information.

Okay. Thank you. Appreciate that. If you'd like to speak during public comment, please come to the podium.

So I know the other young gentleman that just stepped down, he had mentioned forever chemicals, and he was correct on that. PFAS is forever chemicals. It's a class of forever chemicals. And I had a suggestion, mayor, will we be able to further down the road help further mitigate forever chemicals in our water by investing in a filtration system?

Alright. Thank you for that information. And we again can provide contact information to follow-up with the response. Any other members of the public regarding item 10 item 10? Alright.

Seeing none, I will close public comments. Any council member comments at this time regarding this item? Council member Wright.

Thank you, mayor. It's my understanding that our water, 50% of our water comes from the river that's combined with our some of our wells. Correct? And then also, we do have quite a few wells that are offline due to high arsenic and some other chemicals that are in those wells. Correct, Bill?

Very good question. That is correct. If their wells do exceed the maximum containment limits, we do shut the wells off for public safety. And then we also look at opportunities for us to potentially rehabilitate those wells or maybe blend them with treated surface water to help bring the contaminants down to safe levels.

Thank you.

Alright. Any other comments regarding item 10? I know that I just wanna thank for these reports. And I've had many conversations with Will, our utilities director surrounding these numbers. When I was first elected, it was took me some time to understand how this works. But this is a really important service, and so I do appreciate your work and efforts to address the concerns that we do have. So I need a motion for a resolution accepting the 2025 public health goals in compliance with title 22 of the California Health and Safety Code. Do I have a motion?

Motion.

Motion by Council Member Williams.

Second.

Second by Council Member Alvarez. Will the clerk please call the roll for this item? Council Member Wright.

Aye.

Council Member Scuthia Brayton. Aye. Council Member Alvarez.

Aye.

Council Member Ricky.

Aye.

Vice Mayor Babaro. Aye. Council Member Williams.

Aye.

And Mayor Swalen.

Aye. Carries unanimously. Thank you. Next on the agenda is new business. Item 11, consider approving the plans and specifications for Dryden Clubhouse renovation project, accepting the bid and awarding a construction contract.

I'm not sure how you pronounce the construction company. DD Construction. DD. Contracted DD Construction Incorporated of Lodi, California for a total payment amount not to exceed $9,278,564 Consider approving an agreement with Dillon and Murphy Engineering of Lodi, California for construction management and inspection services for a total amount not to exceed $850,164 consider approving the issuance of an inter fund loan in an amount not to exceed $4,930,841 from the Water Fund 4,100 to the Golf Fund 4,600 for the construction for project ten twelve ninety four, Dryden Clubhouse renovation and consider approving the increase of the green fee by $5 and implementing dynamic pricing. And we will have a staff report.

Thank you, mayor. Members of the city council, Toby Wells, director of engineering services, city engineer. Also with me this evening, Jeremy Rogers from our parks, recreation, neighborhoods department. The engineering services department is responsible for delivering the project and ultimately will be operated by Jeremy's team. So we will run through the presentation on the Dryden Clubhouse. So a little bit of history. The Dryden Golf Course has been in operation for a very long time. 1959 was when it opened. Clubhouse was built in 1966 to a lot of fanfare back in the day, obviously sixty years ago. It's a long time ago.

Unfortunately, the clubhouse has been subject to a number of catastrophes from floods to several fires. And in August 2020, the clubhouse was completely consumed by a fire, destroyed everything inside of it, was rendered unusable, resulting in a total loss of the structure. As a result, council moved forward in 2021 to complete the design for a complete reconstruction of the clubhouse in a newer location, moving it up on the hill a little bit to get out of that flood danger that it was in. Previously, it was in two stories where the bottom floor was down kinda at ground level. It was subject to flooding.

06/11/2024, the contract for the design was amended for a not to exceed amount of 621,000. The current design reflects what you would expect in a modern clubhouse built today, not in the nineteen fifties. So inclusive of an outdoor deck, which expands the dining area significantly, a pro shop that's large enough to actually conduct business in, upgraded the commercial kitchen, so it allows for expanding dining operate operations as well as being used for other services other just than serving the golf golf activities. And with it sized appropriately, it has the opportunity for other gatherings that were provided to be a community benefit. So the overall design, a couple of the the details of what the previous clubhouse looked like from a size perspective, about 3,000 square foot.

One of the interesting things if you look at it, the restroom was on the Bottom Floor, 720 square feet. So the largest part of the building previously was the restroom, which seems a little out of whack. It obviously is with the the new design. You can see pretty much everything across the board was a doubling or a tripling of the sizes to accommodate ultimately expanding the use. You can see the occupancy for the restaurant now at 130, which provides for significant use improvements as well as an area for outdoor events, that can improve and serve over 200.

So here's some of the artist's renderings of the facility, a very attractive building. This is looking at it from the parking lot and then from the backside, I. E. From the golf course side, this would be the the portions overlooking the existing golf course. And this is, again, on on the bluff side of the course. Some renderings of the inside of the building, the restaurant, the pro shop, and the bar area of the restaurant. So in order to build a project like this, we're required by state law to do a public bidding process under the public contract code. So we advertised the project in August 2025. We received five bids. However, two were deemed nonresponsive, I.

They had some flaws that were not correctable. The lowest responsive and responsible bidder is DD Construction. That bid amount of $8,500,000 is well below the engineer's estimate, Adding a construction contingency for anything that may come up that's out of outside of the current design is as recommended to be approved consistent with city policy. And if if awarded this evening, we would expect the project to start in early twenty twenty with completion in 2027. A project of this size and this nature, requires a lot of construction oversight.

Current city staffing does not have enough capacity to accommodate that, so we put out an RFP to provide for, some consultant services to help support city staff and the oversight. Dylan Murphy Engineering was selected as the qualified firm to provide those services for a not to exceed amount of 772,000 with a 10% contingency, again, to handle any unforeseen items that may come up during construction.

Speak up, please.

Oh, my apologies. Alright. And here's summary of the project. Project costs. Right as you say that, the mic goes out.

Perfect timing, council member. So the project costs, you can see the construction on the top, the construction management company with contingency for both of those items, construction administration of the city staff, design support during construction, the engineering design, this is the money that's already been spent to get us to this point, removing the existing temporary facilities and demolition, and then we'll get into this a little more detail, some on course improvements of $1,000,000, and I'll provide a little more detail on that for a total cost of 12,900,000.0. And the funding, where does the where does the funding come from to provide funding for the project? So with the previous loss at the facility through the the fire, we did receive an insurance claim of $4,600,000 We added ARPA funds that assisted in the design of the project. The Gulf Fund, 186,000.

I'll provide a little context for that as well. Insurance proceedings, Measure H allocation, as well as an intra fund loan of $4,900,000 to match that $12,900,000 in funding to 12,900,000.0 in expected costs. So a little bit of color about those different funding sources. The first diving into the Water Fund loan. So it was recommended to approve a loan of 4,900,000.0 for a period of ten years.

There will be interest accrued on that at the rate the city would receive that. That would be paid back from the Gulf fund over the course of that ten years to provide the funding for this that portion of the project. In addition, as I mentioned, million dollars in on course improvements such as improvements to the bunkers and other improvements that have been recommended, The recommendation is to increase the green fees and implement dynamic pricing, and I'll cover that in just a second, to provide the Gulf fund additional revenue to be able to pay back the loan and also facilitate those improvements to the course. And the overall dynamic pricing concept is summarized here. This is from the current operating partner that we have, Camper Sports.

This is the system that they use that allows for the pricing of the green fees to fluctuate with time and based on demand. I. E. Think of it almost like surge pricing if you'd see in most other areas where on a Saturday morning at 10AM, the highest demand that we may have or Sunday morning at at eleven, that's when the prices bump up a little bit, and a Tuesday morning at 10AM is likely a little bit cheaper, allowing the flexibility in the rates to be able to one maximize the tee sheet, get as many people on the course as they possibly can, but at the same time drive the revenue that we need to ensure that we are funding the courses adequately to provide the best level of service and a great golfing experience for our customers. And so what's Kemper has provided us is a number of details and information what they've implemented.

This dynamic pricing has shown dramatic increases in both revenue and optimization of the TSheets and has worked across over 80 courses that they have implemented this system into. So as the mayor read, we have five resolutions as part of the recommended action this evening. I'll summarize those with the bullets there. The first bullet is the actual award of the contract, the total not to exceed of $9,200,000 again including that 8% contingency resolution approving the agreement with Dillon and Murphy for the construction management then the interfund loan from the water water department to the Gulf fund to be repaid with interest The resolution with the budget amendments to make sure we have all of the appropriate, information to fully implement the project. And the last is the resolution increasing the green fees in accordance with exhibit a.

I will note there was a mistake in the package where the green fees for Creekside were cut off, and so I passed that out to Diane. We put some copies in the back for the public. It just inadvertently cut off the, the proposed rates for Creekside because it does implement the the rate increase across the board to both courses. So wanted to make sure that was clear. The information was there for Dryden, but it wouldn't, like I said, inadvertently cut off in a margin.

So it didn't show those rates. So we have included those, and I provided those for your note and the pricing is per that exhibit. So it's approximately $5 the $5 being for the rate for your normal weekday or Saturday 18 hole rate. It's a little bit less for those other time frames as shown on exhibit A. With that, I'm happy to answer any questions.

Alright. Thank you. Does council have any questions of staff? Vice mayor Bobaro.

Thank you, mayor. So the total cost you say is gonna be $9,200,000. Correct?

For the construction. Correct.

Construction. And 4,600,000.0 is coming from the insurance? Correct. And 4.9 is coming from utilities. Correct?

The that's a loan.

It's a loan.

Will paid back by the golf fund.

Okay. So if you add those two together, it comes up to 9,500,000.0. So Mhmm. We're like 300,000 over.

Total funding, I can go back to that slide if you'd like. The total

It says, well, maybe we can go back to it. Not to exceed $9,200,000 in

your report. The other costs are either construction management. That's another million as well as the city staff.

So it's total of 12.

12,900,000.0 is the total project cost and project revenues.

Got it. Okay. And the Gulf Fund, that's $4,900,000 That's over ten years. So not counting the interest, they're going to be paying $490,000 a year. Does the Gulf Fund generate that revenue to offset? Hence the need for the rate increases.

So the combination of the rate increases with where it's currently at and projected to be that is expected to cover the repayment of those loans. Okay.

The the golf fund is not running in a deficit anymore. Correct?

That is correct. The golf fund is not running in a deficit. And the increase in the green fees is to cover the cost of the loan that we're taking out to complete the funding to complete the project.

And I will mention the additional million dollars in course improvements as well.

So so so we're looking at as projection, not an actual.

But yeah.

Because this

is full for

in the

future. What is our

backup plan plan b if enough funds are not generated to offset that loan? What is is it gonna dip into the general fund or measure each?

I'll defer to the city manager

on that.

Well, we don't anticipate that to occur, but the because as we said, the golf fund now is turning a profit, and we anticipate that to continue. We have other green fee increases that are also coming to the golf fund, but the ultimate backstop would be the general fund.

Measure h or nonmeasure h?

Well, no. It would be the it would be the general fund, which ultimately then is covered by h.

Okay. Because the general fund right now is running in a deficit. Correct?

That's correct. But it's important to note that that the golf fund used to run a projected deficit of $1,000,000 a year, and we are now starting to turn a profit. And last year was our first year with a profit, and we're projecting another profit profitable year this year as well.

So projecting that what historical data did you use to come up with the ability of the golf fund paying this off, paying 490,000?

Yes. How So did

you just pull it out of

the air?

No. So fortunately, as you saw earlier this evening, we have a triple crown budget and finance team that we rely on significantly for this. So Steve Christensen ran the pro form a, looking at a number of different factors, both with past as well as the future, to come up with a pro form a that estimates within, obviously, a range of of, you know, I wouldn't say it's perfect, but a pretty good optimization of giving us a range that we feel comfortable with recommending.

And and so the courses average about 80,000 rounds a year. Five dollars, that's $400,000. And with the dynamic pricing, the estimate is $80,000 more per year. That's gonna be anticipated from a dynamic price. I'm looking for confirmation. That's correct. So we're more than exceeding the cost of the loan through those two actions there.

Okay. But if if

that plan doesn't work, the the backup plan b is gonna be the general fund.

Yeah. And and there's other things that we would be looking at to make sure that we're shaving costs and that the general fund is not not the backstop of the golf fund.

And how much are we using with ARPA again? 400,000.

400,000? Right. That already allocated during the design process.

Correct. Does this include the architectural design? Correct. All costs. All costs.

Yeah. That's the all in cost of the 12,900,000.0.

Thank you.

Council member Williams.

Thank you, mayor. One of the questions were already answered, and it was, 80,000, rounds. I was wondering how what the volume was. And then, the pro shop, and then also the the restaurant. Who's gonna be running those?

The pro shop will be run by our vendor who is currently Kemper Sports. We are going out to bid. We're looking at next summer to bid that out for both the maintenance and the management of the courses. And so that management company will run the pro shop, and then we're going to bid out the restaurant services.

So is that going to be a percentage base as far as what we'll receive, what they receive, or it'd be a just a a lease for them? How does that work, or how would it work?

More than likely, it'll be a percentage base. That's what we do with all our other Okay. Food and beverage services.

And can I ask what that percentage is?

Well, that's all part of the negotiating process.

Thank you.

Alright. Council member Alvarez.

Thank you, mayor. I have a couple of questions. I I am on the along with council member Bavaro, we are on the Tuolumne River Regional Park Commission Committee. And it I wanna know if this upgrades to the the golf course are gonna affect the riverfront at all. And in addition to that effect, will it affect any natural shrubs or natural growing greenery around that area that I know we have some endangered species there. On the trip commission, we talk about that often. I think, Toby, you were at a couple of those meetings where that came up.

Yeah. No. There is no anticipated all the on course improvements are on course. They wouldn't be on the perimeters. They would be in in the middle of the course making playing improvements that have been recommended from those those golfers to improve the playing experience.

Okay. Alright. That's it. That's all I have.

Alright. Council member Ricky.

Thanks, mayor. One of the things this facility was supposed to do is replace the burn down American Legion Hall. Can you walk me through how this facility replaces the burn down American Legion Hall?

Yes. The indoor facility with the restaurant will be able to seat 130 people, And so that will be a rental space. We anticipate that generating extra revenue and also replacing that facility that burned down their trips. So citizens will have an opportunity to have weddings, birthday parties, those kind of things there.

And what was the capacity of the American Legion Hall?

It was 7,000 square feet. The capacity

I'll I'll answer it for you. It's 550 people. So I'm gonna ask again, does this facility actually replace the American Legion Hall?

As a direct replacement, I would say not directly, but indirectly, what the seating of with a 130 as well as the future outdoors area that would has a tent would have a tent and the ability to serve approximately another 200, it comes within the ballpark. Is it an exact replacement? No. But it does provide an amenity that would serve a similar purpose.

Yeah. I feel like it's I feel like it's not even close. I mean, if you're if you're talking about a tent, mean, are you saying that you think you're gonna do events on a tent in December or January or February? Is that what you're saying?

They would have that potential.

Walk me through how that would work.

As I mean He he operates it. I'll let him answer.

These tents these outdoor rental tents, they're air controlled, heat heat and air conditioner. Example, if you wanna go online, the golf course in Dainuba just built one. It's very successful, and we would model it after that. They have weddings year round there, and it's very profitable.

So is the are you saying that the tent is part of this budget?

So currently, when we bid the project, we had a a base bid as and five bid alternatives. Currently within the award, we are not awarding that piece of it just to ensure we had enough budget toward the project, but we do have a cost, and as I mentioned, the contingency. So assuming we don't run into any unforeseen circumstances, we would anticipate using contingency to construct that component of the project. Okay.

You mentioned that there were fires fires at the clubhouse. There was also fire at the old clubhouse, like everything everything in that neighborhood burn burns down that the city owns. What is going to stop this from being burned down also?

I'd say one modern construction and fire sprinklers would be one that would be significant detriment. There are cameras that will be installed as well to provide additional security. Those are two of the the primary deterrents.

K. Those are my questions. Questions.

All right. Councilmember Scudia Brayton.

That's a perfect segue to what my question was going to be, and it was in regards to security systems and cameras. So you answered that question. But will the cameras be connected to the real time crime center?

Yes.

Woo hoo. Did you guys hear that? That's good. Good planning. Okay.

How much is it anticipated that annually, with the implementation of the dynamic pricing, how much are we anticipating funding revenue will bring it be brought in now annually perhaps?

When we met with Kemper, we asked them to run the numbers on what we would have made last year in 2024 if we had implemented dynamic pricing. And just off of last year's numbers, we would have made about $80,000 more than we did.

Wonderful.

And that funding goes into the golf fund? Correct. Thank you.

Alright. Vice Mayor Bavaro had another question.

Yes. Thank you, mayor. I forgot to ask this question. You answered this yesterday during our briefing, but

I

do have a retired CFO constituent that sent me a lengthy email talking about why are we not going modulars and and saving money. And I know he's watching tonight. So can you explain the reasoning that you gave me yesterday during our brief?

Yeah. Ultimately, any design of a structure like this, you want the design to fit the ultimate use of the property. And modulars have their their purpose in there, their appropriate location. In this case, the type of construction, the ultimate use of the facility is a restaurant. In those time, it does not fit as a modular type of opportunity. It is a better fit with the the type of construction that we're recommending here this evening.

Thank you, mayor.

Alright. I have a couple of questions. How many rounds of golf did you say were played last year within the city of Modesto on our public courses?

We average about 80,000 rounds per year. This year, we're trending higher than that.

Alright. 80,000 rounds per year. Wow. Next question. Was there input from the golf community? And whether it's from our our I know we have a couple committees and that do oversee and watch these numbers and and are very passionate about this. Were they involved in these plans?

Absolutely. They've been involved. The golf course advisory committee has been involved from day one throughout this process. Looking over the the ideas and and all the way up to the pricing and the the increase in green fees.

Okay. Thank you. And when you say 80,000 rounds, is that nine holes or 18 holes?

That is 18 holes.

Wow. Let's go. So and do you know how many of single users do you track that at all? Or is it just the number of rounds?

Kemper Sports tracks all that data in their computer system, and and I don't have that number, but I

can get that for you. Alright. 80,000 is a lot. Alright. Those are my questions. Council member Alvarez.

I don't see it in here, but I'm assuming there's gonna be restrooms and facilities. I don't think we talked about that at all.

Yes. Okay. Restrooms, 480 square feet.

Okay. Did talk

about that? Okay.

Sorry about that.

Alright. Thank you. Any other questions from council regarding this item 11? Seeing none, I'll open this up to the public. Are there any members of the public that would like to speak regarding this item?

Welcome. Good evening again. You know, thirty seven years ago, the city opened the convention center right across the street from here, which they're supposed to have an events over there, weddings. But the place, for some reason, just losing money year after year after year, and now you guys voted to take it down. So now we open a new place at the Riding Golf Course for events.

You basically want the golfers to pay for a place that I don't know if some if you have some kind of a deal with a private business company, you know, to run the place, they may they should put the money for it and not the golfers. You know? And and let me tell you, the company who maintain the course, that's embarrassment. Beside the greens that they didn't, they're okay. The rest of the course look like not like a golf course.

You know? And and some people who play golf, you know, and I'm I'm not a good golfer. I just I barely even bad golfer. But I love the game. And I play in a lot of different places, and I can compare, and it's an embarrassment. Now you got $5,000,000 pretty much. Build clubhouse. How much it cost to build 3,000 square foot clubhouse? The 5,000,000 would be plenty of money. Plenty of money.

Especially now when you run out of money here and there. Why to take a loan to pay this this company, this whatever, you know, this part of the city, just build build a clubhouse that you have that you already have $5,000,000, 3,000 square feet. It's enough for a clubhouse. And you know what? Those that want to get married on a golf course in a nice place, they're probably going to go to Del Rio or some other places.

And I really you know, I know that usually when you guys bring something here, you know, you already know that you're going to pass it, you to vote and it's going to pass. I think all of you, if you care about the money and the people, vote against it and vote to build a new clubhouse with the $5,000,000 that you have. I tell you another things. Almost over 9,900 thousand dollars to take this old trailer that it's now the clubhouse. You're ridiculous.

You know, talk to talk to the scrap companies here in town how much they charge you to take it down. You know? It's it's crazy. And then million dollars to fix the course. You have a company doing nothing for years. Now you give them extra million dollars. What they doing with all the money they got for all those last few years? And I think you really need to vote it down. If you vote for it, then just show me that you don't care about taxpayer money and the people in this town. Thank you.

You're welcome. Any other members of the public regarding item 11?

Good evening, Juan Diaz, West Westminster resident. In regards to this project, I'm excited. I visited the Boys and Girls Club. I see how much is being utilized. Know, it's for lack of a better word, it's been it's pretty ghetto rigged operation right now, and it it's working for them.

And because this uses different funding like Measure h and then also a loan, was kinda curious to learn a little bit more at some point on how often we borrow from a a fund like the water fund or any other funds that we have in the city to pay for projects like these. And, additionally, because it used measure h funds, I looked at the website, the city's website on measure h and how we're utilizing these funds, prioritize projects, and I couldn't see an updated list. And so I think that's something that I would like to see updated, especially if it's using Measure h funds, which we are gathering, what, 39,000,000 a year in these funds. And if we're using 2,000,002 million dollars worth of funds for this project alone, that's really serving majority just the golf community, I think we can be utilizing the money a little bit more effectively, and especially if it's not set up to to support something that was already there at one point, Legion. It's not adequate to replace that.

And in regards to this facility, if if you guys do approve this, I'd like to see the facility champion zero waste and energy efficiency. It's right by the river, and I'd also like to see this facility eliminate single use plastics and then also commit to waste sorting, recycling, composting, things of that nature because it is so close to the river, I wanna be a champion of the river, and I think that we need to do that. And because there's electric electric cars charging, air temperature, heated tent, that's a lot of energy. What I didn't see in the itemized list that we were going to be spending any money on solar panels or any type of clean energy to supplement some of our energy use. And I think that may go a long way in terms of cost savings.

So thank you. I appreciate you for your time.

Thank you. Any other members of the public regarding this item? Seeing none, any comments from council members regarding item 11? Council member Wright.

Thank you, Mayor. I'm excited about this project. I've had several phone calls and emails from golfers in the city. They are excited about the new clubhouse. They're excited that we're starting to put more money into our our greens and making this a better golf course. And a lot of our golfers are are really excited about what's coming down the road. So thank you, Jeremy and Toby for putting everything together. I think this is gonna be really great for our city.

Thank you. Vice mayor Bavaro.

Thank you, mayor. I will also be supporting this item. And I'd just like to just say that I appreciate people who express their opinions to this council. I don't really make the connection here between the Central Center or the community Central Plaza and this project. I don't make the connection what the point was on that.

But regardless, maybe I need to develop thicker skin. But when people say that this council doesn't care and doesn't care about taxpayers, to me, that's an insult. And it insults me and pisses me off when I hear those kinds of words. So choose your words to be constructive. That's all I got to say, mayor. Thank you.

Thank you. Council member Alvarez.

Thank you, mayor. I'm gonna echo that last point council member Bavar or vice mayor. Sorry. Bavar just made. If we were not fiscally responsible, we would not be having these Triple Crown Awards. I mean, the the proof is there. There's not even the need to defend it, Nick, because the proof is in our operation. But I do I'm I'm supportive of this as well. I think EV chargers is key. We have to continue to keep up with the electric electrification of vehicles.

And I do think that this investment is going we're gonna see a good ROI. Audit Saint Stan's has a little outdoor pavilion that they've invested some some dollars into that course. And you see more families going out. They have glow in the dark golf. That's pretty cool. Glow in the dark golf nights. They advertise and market it pretty good, family friendly. They have food trucks that go out there as well, which, you know, it's always nice to grab a bite to eat. So all these different things attract folks, and I think that's going to be the case here. We have First Tee, right, right there at the Dryden Golf Course with the Boys and Girls Clubs.

And we overall, this investment aligns with all of our development in the West Side and downtown area. We have the the Muni Golf Course, prime for development. There's already renderings on what could be. And the downtown soccer stadium as well. So all of this is contributing to quality of life, options, entertainment, sports, whether it's golf is your thing or not, that's not what we're shooting for. We're shooting for options overall for our entire city. So I I'm for this. I think it's a good investment, and the ROI is there, especially when you look at examples like Saint Stan's investment and attracting more people.

Council member Rick Ricky.

Thanks, mayor. To to the spirit of what Juan was talking about earlier, I wanna kind of explain where I was coming from on this. Like, I don't love this new design. I feel like it doesn't doesn't really address all the needs we have in the future. However, I'm gonna be voting for it because it does do a lot of good things for our community also. Right? And I like the funding mechanism. I like the creativity that the city came up with. I think the new fees are actually smart. The people that are gonna be primarily using it are going to be primarily paying for the improvements. That's really smart. And they're gonna get the benefit of it. They're not gonna be playing golf out of a portable. That stinks. They're not gonna be using bathrooms that are like on trailers.

It's terrible. It's not a good experience. This is gonna be a lot better. But also, it's good for the West Side. You know, we've the city has done such a good job over the last few years of investing money in the West Side. They brought in they put $20,000,000 or so. I don't know the exact numbers, but about $20,000,000 in Chavez Park, 4th Street Park. They put another ten or fifteen million into MLK, and now they're gonna go and invest another $1,212,900,000.0 on in Dryden. These are all good investments on the West Side, and we're not done. I mean, hopefully, do some redevelopment on Muni also. So I think this is a this is a good plan in a good area of town, and I think that it's gonna benefit the community.

Alright. Any other comments regarding this item? I have a few comments to make. This will give I will be supporting this 100%. When you think of 80,000 rounds of golf in a year, we would be we should be thrilled at the the amount of people that enjoy public golf courses.

And think of this location where it's outdoors, it's right by the river, by the animals. It's a beautiful environment that that will be available. The golfing experience, the people that utilize this have been waiting so patiently for this. And when I was first elected, they were on me. We, you know, we would hear from them and they were, you know, they were very passionate about this and excited about it.

But they're they're not complaining about it. They're waiting patiently. So here's an opportunity to bring back something that they they enjoy and and will enjoy even more. As far as the Legion Hall and rental space, you know, we live in the state of California which is a Mediterranean climate. We have beautiful weather.

I love the fact that there will be an outdoor space there. This will be provide for a year round meeting spaces, which I know will be utilized especially on the West Side, where we know that the King Kennedy Center is is over utilized. So this will provide another opportunity to have another place close by for them. And then this is personal for me. You know, my father taught all of my children how to play on the Muni Golf Course, which is now closed down.

This is a multi generational experience that goes on through generation after generation after generation, where people are outside, they're enjoying the community, it's reasonably priced, it's something that families can do can do together. And, you know, every one of my children learned how to golf on that golf course. So, it's it's personal for me. My father grew up on Merced Avenue, close by. So, I'm really excited about this project and the location and the opportunity that it will give for many many future generations to come.

Yes. Buildings do get worn out and they require improvements. That's absolutely gonna happen with every single place that's built. It will happen here too, eventually. But when we are talking about from 1959, I think it's a good run. And it's time to to have a new place for people to enjoy and have a little refreshment before or after and enjoy their family time. So I will be supporting this. Any other comments? Seeing none at this time. Bear with me while I read the resolutions.

These can all be voted in one vote. Resolution approving the plans and specifications for the Dryden Clubhouse renovation project, accepting the bid and awarding a construction contract to DD Construction Incorporated of Lodi, California 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 and Murphy Engineering of Lodi, California for construction management and inspection services for the 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. A resolution issuing an inter fund loan in an amount not to exceed $4,930,841 from the Water Fund 4,100 to the Golf Fund 4,600 for the construction for Project 101294 Dryden Club House 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 twelve month period immediately preceding the payment date and authorizing the city manager or his designate to implement the provisions of this resolution.

A resolution amending the fiscal year twenty twenty five-twenty six capital improvement program budget to fund project number 101294 Dryden Clubhouse renovation in the amount not to exceed $7,723,929 in transfers revenue and the budget expenditures to fund the project and authorizing the city manager or his designate to implement the provisions of this resolution. Resolution increasing the green fees in accordance, excuse me, with exhibit a and implementing dynamic pricing model. Do I have a motion? Motion. Motion by council member Alvarez and I will second it. Will the clerk please call the roll? Council member Wright?

Aye. Council member Scuthia Brayton? Aye. Council member Alvarez? Aye. Council member Ricky? Aye. Vice mayor Bavaro? Aye. Council member Williams?

Aye.

And mayors Wallin. Aye. Carries unanimously. Thank you. Are there any matters too late for the agenda? Seeing none, I'm calling this meeting of the city council to be adjourned.