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MODESTO CITY COUNCIL
www.modestogov.com
MINUTES
City of Modesto
CITY COUNCIL MEETING
Chambers, Basement Level
Tenth Street Place, 1010 10th Street
Modesto, California
Tuesday, February 04, 2025 at 5:30 PM
Special City Council - Closed Session Meeting 4 p.m.:
Roll Call – Present: Councilmembers Alvarez (Arrived 4:01 P.M.), Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
Absent: None
Regular City Council Meeting, 5:30 p.m.:
Roll Call – Present: Councilmembers Alvarez (left at 6:00 P.M.), Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
Absent: None
Pledge of Allegiance to the Flag
Invocation: Andrew Sampson, Modesto Church of the Brethren City Clerk’s Announcements: None
Declaration of Conflicts of Interest:
Item 11 – Mayor Zwahlen, and Councilmember Escutia-Braaton recused.
Reports from Closed Session:
City Attorney Sanchez reported that the property negotiation item related to 1000 L Street was taken off the agenda, for all remaining items there was no reportable action. - 2 -
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MISCELLANEOUS
1. Consider accepting the resignation of Jennifer Barillas from the Audit Committee. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution accepting the resignation of Jennifer Barillas from the Audit Committee.
FINANCE DEPARTMENT; DeAnna Christensen, 209-577-5387,
[email protected]
ACTION: (Wright/Williams; 7/0) Resolution 2025-050 accepting the resignation of Jennifer Barillas from the Audit Committee.
PUBLIC COMMENT IN PERSON
Diane Kroeze addressed the Council, expressing concerns about the homelessness crisis, particularly how severe weather conditions are affecting those without shelter.
She noted that many homeless individuals are seeking refuge near the Salvation Army, as it is one of the few safe locations available. She also raised concerns about immigration enforcement, specifically the treatment of non-criminal individuals being detained and removed. She urged the Council to take a stand, by issuing a proclamation or making a statement in support of fair treatment for all people, regardless of race, nationality, or background.
Milton Wheeler emphasized the importance of conserving Stanislaus County’s natural resources, particularly its farmland. He expressed concern that the region, which has some of the best agricultural land in the world, is at risk due to urban sprawl and poor resource management. He urged the Council to prioritize sustainability for future generations by preserving water, air, and soil quality. Wheeler also warned that California will need to fallow significant farmland in the coming years due to water shortages. He called for responsible development, advocating for urban infill rather than outward expansion, and stressed that Stanislaus County should remain an agricultural hub rather than becoming a bedroom community for the Bay Area. Lucas expressed concern about the high number of car accidents in Modesto due to reckless driving. He advocated for reinstating the city's red light camera program, citing research suggesting such programs can reduce red light running-related crashes by 21-30%. Lucas argued that automated enforcement is more efficient than relying solely on law enforcement officers. He also provided national statistics on traffic fatalities, emphasizing the rise in red light running incidents and the overall impact of traffic violations. He concluded by addressing concerns about privacy, stating that driving is a regulated activity.
Perfecto Munoz addressed the Councill to express gratitude for their support in extending the operational time of the King Kennedy Memorial Center. He acknowledged the efforts of city officials, including Eric Alvarez, the Deputy City - 3 -
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Manager, and the Parks and Recreation Director, for working closely with the community to maintain the center. Munoz highlighted the center’s impact, particularly in public safety, noting the installation of security cameras in key areas. He shared that the center has grown significantly, expanding from a $258,000 annual budget to $1.5 million and offering 12 different programs. In 2024, the center served over 20,000 people, reflecting its vital role in the community. Munoz emphasized the dedication of his staff and expressed hope for continued collaboration with the city.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS: 2-9 (Escutia-Braaton/Wright; 7/0)
CONSENT
Consent
2. Consider approving the minutes for the January 28, 2025 Council Meeting. (Funding Source: Not Applicable)
Motion approving the minutes for the January 28, 2025 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Escutia-Braaton/Wright; 7/0) Motion approving the minutes for the January 28, 2025 Council Meeting.
Consent
3. Consider approving an Amendment to the Mayor’s Appointments to the City Council Liaison Committees for the 2025 calendar year. (Funding Source: Not Applicable) Motion approving the amended City Council Liaison Committees assignments.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Escutia-Braaton/Wright; 7/0) Motion approving the amended City Council Liaison Committees assignments.
Consent
4. Consider approving the recommended budget adjustments to Fiscal Year 2024-25 Annual Operating and Capital Improvement Program Budgets. (Funding Source:
Various Funds)
Resolution amending Fiscal Year 2024-25 Annual Operating and Capital Improvement Project Fund Budgets and authorizing the City Manager, to take the necessary steps to implement the provisions of this Resolution.
BUDGET; Stephan Christensen, 209-577-5390, [email protected] ACTION: (Escutia-Braaton/Wright; 7/0) Resolution 2025-051 amending Fiscal Year 2024-25 Annual Operating and Capital Improvement Project Fund Budgets and authorizing the City Manager, to take the necessary steps to implement the provisions of this Resolution.
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Consent
5. Consider accepting the Graceada Park Pool Fencing Replacement Project as complete, releasing securities, releasing payments totaling $164,907 to Joe’s Landscaping & Concrete, Inc. of Newman, CA, and authorizing the City Clerk to file a Notice of Completion. (Funding Source: American Rescue Plan Act (ARPA), General Fund, Parks Fund)
Resolution accepting the Graceada Park Pool Fencing Replacement Project as complete, releasing securities, releasing payments totaling $164,907 to Joe’s Landscaping & Concrete, Inc. of Newman, CA, and authorizing the City Clerk to file a Notice of Completion.
ENGINEERING SERVICES; Peter Kambel, 209-577-5444, [email protected] ACTION: (Escutia-Braaton/Wright; 7/0) Resolution 2025-052 accepting the Graceada Park Pool Fencing Replacement Project as complete, releasing securities, releasing payments totaling $164,907 to Joe’s Landscaping & Concrete, Inc. of Newman, CA, and authorizing the City Clerk to file a Notice of Completion.
Consent
6. Consider accepting an Informational Report for the December 2024 Accounts Payable Payment Register and Void Report. (Funding Source: Not Applicable) Motion accepting an Informational Report for the December 2024 Accounts Payable Payment Register and Void Report.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Escutia-Braaton/Wright; 7/0) Motion accepting an Informational Report for the December 2024 Accounts Payable Payment Register and Void Report.
Consent
7. Consider approving a Memorandum of Understanding (MOU) for Service between the City of Ceres, the City of Modesto, the Stanislaus Consolidated Fire Protection District (SCFPD), the City of Turlock, and the Stanislaus County Fire Warden’s Office for Fire Department Training Services. (Funding Source: General Fund) Resolution approving a Memorandum of Understanding (MOU) for Service between the City of Ceres, the City of Modesto, the Stanislaus Consolidated Fire Protection District (SCFPD), the City of Turlock, and the Stanislaus County Fire Warden’s Office for Fire Department Training Services; and authorizing the City Manager, or his designee, to execute the Agreement.
FIRE DEPARTMENT; Kevin Wise, 209-572-9590, [email protected] ACTION: (Escutia-Braaton/Wright; 7/0) Resolution 2025-053 approving a Memorandum of Understanding (MOU) for Service between the City of Ceres, the City of Modesto, the Stanislaus Consolidated Fire Protection District (SCFPD), the City of Turlock, and the Stanislaus County Fire Warden’s Office for Fire Department Training Services; and authorizing the City Manager, or his designee, to execute the Agreement.
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Consent
8. Consider approving an Amendment to the Bylaws of the Modesto Blight Abatement Advisory Committee to allow for the two positions of registered electors of Stanislaus County to be filled by registered electors of the City of Modesto for one term if no applications for these positions are received. (Funding Source: Not Applicable) Resolution approving an Amendment to the Bylaws of the Modesto Blight Abatement Advisory Committee to allow for the two positions of registered electors of Stanislaus County to be filled by registered electors of the City of Modesto for one term if no applications for these positions are received.
PUBLIC WORKS; Myriah Hill, 209-577-5495, [email protected] ACTION: (Escutia-Braaton/Wright; 7/0) Resolution 2025-054 approving an Amendment to the Bylaws of the Modesto Blight Abatement Advisory Committee to allow for the two positions of registered electors of Stanislaus County to be filled by registered electors of the City of Modesto for one term if no applications for these positions are received.
Consent
9. Consider approving the Agreement with Amano McGann, Inc., Roseville, MN for Parking Access Control Revenue System Upgrade, Field Devices and Software for a total amount not to exceed $991,495 over four years. (Funding Source: Measure H Funds)
Resolution approving the Agreement with Amano McGann, Inc., Roseville, MN for Parking Access Control Revenue System Upgrade, Field Devices and Software for a total amount not to exceed $991,495 over four years, and authorizing the City Manager, or his designee, to execute the Agreement.
PUBLIC WORKS; Patrick Crowley, 209-402-6812, [email protected] ACTION: (Escutia-Braaton/Wright; 7/0) Resolution 2025-055 approving the Agreement with Amano McGann, Inc., Roseville, MN for Parking Access Control Revenue System Upgrade, Field Devices and Software for a total amount not to exceed $991,495 over four years, and authorizing the City Manager, or his designee, to execute the Agreement.
COUNCIL COMMENTS & REPORTS
Councilmember Williams shared his recent community engagements. He spoke at a Kindness Assembly at Capistrano Elementary, encouraging students to "be like a tree" by offering support and positivity. He attended the Modesto Chamber of Commerce’s 111th celebration, highlighting honoree Ray Simon. Williams also participated in a Lunar New Year event at the Senior Center, commending City staff for their efforts. In recognition of Black History Month, he contributed to articles in the Modesto View and promoted events, including a production by Sankofa, Modesto’s first African American theater company, at the Gallo Center, and a free Black History Month program at the King Kennedy Center on February 28.
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Councilmember Ricci discussed key city issues, emphasizing traffic safety, housing, and urban tree restoration. He highlighted Modesto’s high rate of traffic accidents and expressed hope that the upcoming budget would fund three additional traffic officers to enhance safety. He also encouraged homeowners to explore the city's Accessory Dwelling Unit (ADU) Dashboard, which offers reduced permit fees and free pre-approved plans for building small additional housing units. Lastly, he stressed the importance of restoring Modesto’s urban tree canopy, noting that while over 1,000 trees have been removed annually due to aging, a stronger replanting plan is needed to improve air quality and reduce summer temperatures.
Councilmember Alvarez acknowledged the Marches for Migrant Awareness and his role on the Latino Emergency Council for El Concilio. He highlighted ongoing collaboration with California Rural Legal Assistance (CRLA) to provide Know Your Rights workshops for migrant communities in Modesto and the surrounding region. Alvarez also recognized Dr. Perfecto Munoz and the work of the West Modesto Community Collaborative, emphasizing the importance of retaining its services. He requested a 2024 impact report to better understand the organization’s reach, particularly its service to 20,000 people. Lastly, he noted that he would be leaving the meeting early due to an unforeseen circumstance.
Councilmember Alvarez left at 6:00 p.m.
Councilmember Escutia-Bratton acknowledged the public service and resilience of Officer Michael Rokaitis, who was injured in 2021 while serving a search warrant. She noted that he has returned to full service as a detective in the Investigative Services Division. She also mentioned that the trial of the individual responsible for the shooting is currently in jury deliberation. Additionally, she highlighted the grand opening of Vallarta Supermarket in Modesto, emphasizing its economic impact, job creation, and availability of healthy food options. She invited the public to attend the ribbon-cutting ceremony at 9 a.m. at the former Save Mart location on Sisk and Glendale, with festivities beginning at 8:15 a.m.
Councilmember Wright addressed a concern about red light cameras, stating that approximately ten cameras will be installed in high-accident areas throughout Modesto in the coming months, with the potential for more in the future. He also directed further questions on the matter to the Police Chief.
Councilmember Williams additionally thanked Councilwoman Escutia-Bratton for acknowledging the Rokaitis family and expressed appreciation for their contributions to law enforcement. He also informed the public about an opportunity to meet an elected official at El Concilio, located at 1314 H Street, on Thursday from 4 to 6 PM. The event is free and open to the public.
Mayor Zwahlen shared an update on the Modesto Children's Museum, highlighting its Impactful For All Access Program, which provides discounted tickets for SNAP EBT users. In its first year, the museum served over 26,000 children and families, with 35% of ticket sales discounted—well above the national average of 5%. The museum has also - 7 -
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partnered with Stanislaus County Libraries to offer free passes, providing over 2,500 free visits annually. Additionally, the museum will host a national tour of the character Gabby from Gabby's Dollhouse, collaborating with Dreamworks, Netflix, and the Association of Children's Museums. The museum works closely with Modesto City Schools to ensure early childhood students visit, and it has attracted visitors from across the country and internationally. The Modesto Children's Museum has received several awards, including recognition as Nonprofit of the Year by the Modesto Chamber of Commerce.
CITY MANAGER COMMENTS & REPORTS
None.
NEW BUSINESS
10. Consider approving City of Modesto’s Homekey+ Project Application to California Department of Housing and Community Development (HCD) for the project located at 1121 Needham St., Modesto, CA 95354, with a project cost not to exceed $22,896,000 and a Memorandum of Understanding with El Capitan Homekey LP that includes a Community Development Block Grant loan to not to exceed $3,007,163. (Funding Source: Homekey+ and Community Development Block Grant Funds) Resolution approving the City of Modesto’s Homekey+ Project Application to the California Department of Housing and Community Development (HCD) for the project located at 1121 Needham St., Modesto, CA 95354, with a total project cost not to exceed $22,896,000, and approving a Memorandum of Understanding that includes a Community Development Block Grant loan to El Capitan Homekey LP in an amount not to exceed $3,007,163, authorizing the City Manager, or his designee, to submit the application, applicable documentation, with alterations as required by the California Department of Housing and Community Development (HCD) as well as negotiate and execute any related program Agreements or documents required for the implementation and acceptance of Homekey+ Program Grant, as required by HCD. A Resolution of the Governing Body of the City of Modesto authorizing joint application to and participation in the Homekey Program for the development at 1121 Needham Street.
CED; Edgar Garcia, 209-577-5101, [email protected] ACTION: (Ricci/Wright; 6/0; Alvarez absent) Resolution 2025-056 approving the City of Modesto’s Homekey+ Project Application to the California Department of Housing and Community Development (HCD) for the project located at 1121 Needham St., Modesto, CA 95354, with a total project cost not to exceed $22,896,000, and approving a Memorandum of Understanding that includes a Community Development Block Grant loan to El Capitan Homekey LP in an amount not to exceed $3,007,163, authorizing the City Manager, or his designee, to submit the application, applicable documentation, with alterations as required by the California Department of Housing and Community Development (HCD) as well as negotiate and execute any related program Agreements or documents required for the implementation and acceptance of Homekey+ Program Grant, as required by HCD. - 8 -
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ACTION: (Ricci/Wright; 6/0; Alvarez absent) Resolution 2025-057 of the Governing Body of the City of Modesto authorizing joint application to and participation in the Homekey Program for the development at 1121 Needham Street.
11. Consider approving the Plans and Specifications for the Scenic Drive Phase II, Dry Creek Trail Phase II, Kansas Avenue, & Neighborhood Traffic Calming Program Cycle I Project, accepting the Bid and Awarding a Contract to Bay Cities Paving & Grading, Inc., of Concord, CA, for a total amount not to exceed $13,551,894; and approving an Agreement with TRC Engineers, Inc., of Lathrop, CA for Construction Management Services, Inspection and Materials Testing Services for a total amount not to exceed $957,578. (Funding Source: Local Measure L Funds) Resolution approving the Plans and Specifications for the Scenic Drive Phase II, Dry Creek Trail Phase II, Kansas Avenue, & Neighborhood Traffic Calming Program Cycle I Project, accepting the Bid and Awarding a Contract to Bay Cities Paving & Grading, Inc., of Concord, CA, in the amount of $12,319,904, and authorizing Change Orders up to the cumulative amount of $1,231,990, for a total Agreement amount not to exceed $13,551,894, and authorizing the City Manager, or his designee, to execute the Contract.
Resolution approving an Agreement with TRC Engineers, Inc., of Lathrop, CA for Construction Management and Inspection Services for the Scenic Drive Phase II, Dry Creek Trail Phase II, Kansas Avenue, & Neighborhood Traffic Calming Program Cycle I Project in an amount not to exceed $870,525, plus $87,053 for additional services, if needed, for a total amount not to exceed $957,578, and authorizing the City Manager, or his designee, to execute the Agreement.
ENGINEERING SERVICES; Michael Sacuskie, 209-571-5552,
[email protected]
ACTION: (Williams/Wright; 4/0; Alvarez absent; Zwahlen, Escutia-Braaton Recused) Resolution 2025-058 approving the Plans and Specifications for the Scenic Drive Phase II, Dry Creek Trail Phase II, Kansas Avenue, & Neighborhood Traffic Calming Program Cycle I Project, accepting the Bid and Awarding a Contract to Bay Cities Paving & Grading, Inc., of Concord, CA, in the amount of $12,319,904, and authorizing Change Orders up to the cumulative amount of $1,231,990, for a total Agreement amount not to exceed $13,551,894, and authorizing the City Manager, or his designee, to execute the Contract.
ACTION: (Williams/Wright; 4/0; Alvarez absent; Zwahlen, Escutia-Braaton Recused) Resolution 2025-059 approving an Agreement with TRC Engineers, Inc., of Lathrop, CA for Construction Management and Inspection Services for the Scenic Drive Phase II, Dry Creek Trail Phase II, Kansas Avenue, & Neighborhood Traffic Calming Program Cycle I Project in an amount not to exceed $870,525, plus $87,053 for additional services, if needed, for a total amount not to exceed $957,578, and authorizing the City Manager, or his designee, to execute the Agreement. - 9 -
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MATTERS TOO LATE FOR THE AGENDA
None.
ADJOURNMENT
This meeting adjourned at 6:44 P.M.
Attest:____________________________
Diane Nayares-Perez, City Clerk
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All Closed Session Matters heard prior to the meeting.
CLOSED SESSION
CONFERENCE WITH REAL PROPERTY NEGOTIATORS:
(Pursuant to Section 54956.8 of the Government Code)
Property: 1000 L. Street, Modesto CA 95354; APN 105-048-011 Property Owners: Modesto Redevelopment Successor Agency Negotiating Parties:
For City: Joseph P. Lopez, City Manager
For Lessee: Westmont Hospitality Group
Under Negotiation: Terms of Lease
CONFERENCE WITH REAL PROPERTY NEGOTIATORS:
(Pursuant to Section 54956.8 of the Government Code)
Property: 601 Neece Dr., Modesto, CA 95351; APN: 102-012-001 and 102-012- 004
Property Owners: City of Modesto
Negotiating Parties:
For City: Joseph P. Lopez, City Manager
For Lessee: DBH Modesto, LLC
Under Negotiation: Price and Terms of Lease
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(a) of the Government Code) Name of case(s): Gregory Selvera v. City of Modesto
California Workers Compensation Appeals Board
Nos. ADJ17195313