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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, March 11, 2025 at 5:30 PM
Special City Council - Closed Session Meeting 4:45 p.m.:
Roll Call – Present: Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
Absent: None
Regular City Council Meeting, 5:30 p.m.:
Roll Call – Present: Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
Absent: None
Pledge of Allegiance to the Flag
Invocation: Bill Kenoyer, Redeemer Church
City Clerk’s Announcements: None.
Declaration of Conflicts of Interest: None.
Reports from Closed Session: No reportable action.
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PUBLIC COMMENT IN PERSON
Betty Santos, Modesto resident, invited the Mayor and City Council to a "Cars and Coffee" event she organized in collaboration with the Modesto Police Department and Starbucks. She worked with a new local business, community members, and law enforcement to bring the event to life. The event welcomes classic cars, hot rods, lowriders, and car clubs. She encouraged Council Members to attend, highlighting efforts to secure donations for coffee, donuts, and pastries. Loretta Carhart spoke about an unexplained illness affecting memory, recalling memory lapses while working in the 1950s. She also questioned the ruling of her father’s 1960s death as a suicide and raised concerns about medications causing amnesia. She urged officials to investigate similar cases. Danielle Morgart, representing Assemblyman Juan Alanis, provided a legislative update. She highlighted five bills being heard in committees this month, including AB 387 on probation officers' jury service, AB 240 on higher education access, and three public safety bills. She encouraged officials to reach out with any questions. Kevin McClarty from District 1 raised concerns about the City Council's legislative process, questioning the disconnect between Council Members' public statements on social media and the official meeting agendas. He sought more transparency on how items are proposed, who initiates motions, and how decisions are made, emphasizing the need for clearer public insight into Council actions. Emerson Drake spoke on two issues. First, he criticized City Officials for disregarding a past voter decision against extending sewer and water lines north of Kiernan and pushing forward the Canal Warehouse project despite public opposition. Second, he raised concerns about what he believes are change to the Appointments Committee appointment process, and concerns with transparency on attendance records and skipping re-interviews for second terms limits accountability. He urged the Council to reinstate full disclosure of Committee Members' performance.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS: (1, 3-4, 7-8; Wright/Williams; 7/0)
CONSENT
Consent
1. Consider approving the minutes for the March 4, 2025 Council Meeting. (Funding Source: Not Applicable)
Motion approving the minutes for the March 4, 2025 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Williams; 7/0) Motion approving the minutes for the March 4, 2025 Council Meeting.
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Removed from Consent
2. Consider approving Final Adoption of Ordinance 3790-C.S. amending Section 1-3-8 Of the Zoning Map to Rezone 22.6 Acres from Specific Plan (Sp), to Planned Development Zone, P-D(617), property located at the Northwest corner Of Pelandale Avenue and American Avenue (Lennar Homes Of California, LLC) (Funding Source:
Not Applicable)
Motion approving Final Adoption of Ordinance 3790-C.S. amending Section 1- 3-8 Of the Zoning Map to Rezone 22.6 Acres from Specific Plan (Sp), to Planned Development Zone, P-D(617), property located at the Northwest corner Of Pelandale Avenue and American Avenue (Lennar Homes Of California, LLC)
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Escutia-Braaton/Ricci; 7/0) Motion approving Final Adoption of Ordinance 3790-C.S. amending Section 1-3-8 Of the Zoning Map to Rezone 22.6 Acres from Specific Plan (Sp), to Planned Development Zone, P-D(617), property located at the Northwest corner Of Pelandale Avenue and American Avenue (Lennar Homes Of California, LLC)
Consent
3. 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: (Wright/Williams; 7/0) Resolution 2025-087 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.
Consent
4. Consider approving a Memorandum of Understanding with Archway Commons EAH II LP, Modesto, CA to reimburse the City $170,000 and a Landscape Maintenance Agreement with the State of California Department of Transportation (CalTrans) for the construction and maintenance of a secondary Emergency Access Route connecting (APN: 029-009-037) to 9th Street. (Funding Source: Developer Funded) Resolution approving a Memorandum of Understanding with Archway Commons EAH II LP, Modesto, CA to reimburse the City $170,000 for the construction and maintenance of a secondary Emergency Access Route connecting the project (APN: 029-009-037) to 9th Street and authorizing the City Manager, or his designee, to execute the Agreement. Resolution approving a Landscape Maintenance Agreement with the California - 4 -
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Department of Transportation (CalTrans) for the maintenance of the developed secondary Emergency Access Route on the State’s right of way connecting the project (APN: 029-009-037) to 9th Street and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution amending the Fiscal Year 2024-25 Annual Operating Fund budgets and Capital Improvement Project #101295 in the amount of $170,000 to appropriate the funds for the Memorandum of Understanding with Archway Commons EAH II, LP for construction and maintenance of a secondary emergency access route and authorizing the City Manager, to take the necessary steps to implement the provisions of this Resolution.
CED; Edgar Garcia, 209-571-5101, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2025-088 approving a Memorandum of Understanding with Archway Commons EAH II LP, Modesto, CA to reimburse the City $170,000 for the construction and maintenance of a secondary Emergency Access Route connecting the project (APN: 029-009-037) to 9th Street and authorizing the City Manager, or his designee, to execute the Agreement.
ACTION: (Wright/Williams; 7/0) Resolution 2025-089 approving a Landscape Maintenance Agreement with the California Department of Transportation (CalTrans) for the maintenance of the developed secondary Emergency Access Route on the State’s right of way connecting the project (APN: 029-009-037) to 9th Street and authorizing the City Manager, or his designee, to execute the Agreement.
ACTION: (Wright/Williams; 7/0) Resolution 2025-090 amending the Fiscal Year 2024-25 Annual Operating Fund budgets and Capital Improvement Project #101295 in the amount of $170,000 to appropriate the funds for the Memorandum of Understanding with Archway Commons EAH II, LP for construction and maintenance of a secondary emergency access route and authorizing the City Manager, to take the necessary steps to implement the provisions of this Resolution.
Removed from Consent
5. Consider approving a Subtrunk Sewer Reimbursement Agreement with KB Home North Bay LLC for the construction of the Sonoma Sewer Trunk Extension Phase 3 & 4A Project. (Funding Source: Sewer Fund)
Resolution approving a Subtrunk Sewer Reimbursement Agreement with KB Home North Bay LLC for the construction of the Sonoma Sewer Trunk Extension Phase 3 & 4A Project and authorizing the City Manager, or his designee, to execute the Agreement.
ENGINEERING SERVICES; Jaspreet Mangat, 209-577-5253,
[email protected]
ACTION: (Bavaro/Wright; 7/0) Resolution 2025-091 approving a Subtrunk Sewer Reimbursement Agreement with KB Home North Bay LLC for the construction of the Sonoma Sewer Trunk Extension Phase 3 & 4A Project and authorizing the City Manager, or his designee, to execute the Agreement.
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Removed from Consent
6. Consider approving the Plans and Specifications for the 2024 Restroom Replacement Project, accepting the Bid and Awarding a Construction Contract to Platinum General Engineering, LLC, of Waterford, CA., in the amount not to exceed $574,492. (Funding Source: Measure H)
Resolution approving the Plans and Specifications for the 2024 Restroom Replacement Project, accepting the Bid and Awarding a Construction Contract to Platinum General Engineering, LLC, of Waterford, CA., in the amount of $522,266, authorizing $52,226 for contingency (if needed), for a total payment amount not to exceed $574,492, and authorizing the City Manager, or his designee, to execute the Agreement.
ENGINEERING SERVICES; Nathan Houx, 209-571-5526, [email protected] ACTION: (Williams/Escutia-Braaton; 7/0) Resolution 2025-092 approving the Plans and Specifications for the 2024 Restroom Replacement Project, accepting the Bid and Awarding a Construction Contract to Platinum General Engineering, LLC, of Waterford, CA., in the amount of $522,266, authorizing $52,226 for contingency (if needed), for a total payment amount not to exceed $574,492, and authorizing the City Manager, or his designee, to execute the Agreement.
Consent
7. Consider accepting an Informational Report for the January 2025 Accounts Payable Payment Register and Void Report. (Funding Source: Not Applicable) Motion accepting an Informational Report for the January 2025 Accounts Payable Payment Register and Void Report.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Wright/Williams; 7/0) Motion accepting an Informational Report for the January 2025 Accounts Payable Payment Register and Void Report.
Consent
8. Consider approving the purchase of four Compact Front (Wheel) Loader with Caterpillar Inc. under the authorized dealer, Holt of California, Modesto, CA for a total amount not to exceed $591,340. (Funding Source: Fleet Replacement Fund) Resolution approving the Competitive Bidding Process from Sourcewell to purchase four Compact Front (Wheel) Loader with Caterpillar Inc. under the authorized dealer, Holt of California, Modesto, CA, for an original purchase price in the amount of $626,380 including a price reduction of $35,040 due to rental fees for a revised purchase price in the amount not to exceed $591,340; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] - 6 -
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ACTION: (Wright/Williams; 7/0) Resolution 2025-093 approving the Competitive Bidding Process from Sourcewell to purchase four Compact Front (Wheel) Loader with Caterpillar Inc. under the authorized dealer, Holt of California, Modesto, CA, for an original purchase price in the amount of $626,380 including a price reduction of $35,040 due to rental fees for a revised purchase price in the amount not to exceed $591,340; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.
COUNCIL COMMENTS & REPORTS
Council Member Escutia-Braaton highlighted ongoing community workshops for Modesto’s Parks and Recreation Master Plan. She attended the first well-attended session, where residents provided input on park maintenance and development. She encouraged participation in two upcoming workshops and directed residents to Modesto’s website for more information.
Council Member Williams recapped several community events. He praised the mayor’s presentation at Catalyst and highlighted a housing workshop at the Veterans Center. He attended a hospice dedication, participated in a 5K event supporting local police, and noted the passing of longtime MJC faculty member Steve Collins. He also recognized Pastor Jimmy Wilson’s swearing-in as the third pastor of Second Baptist Church in 139 years.
Council Member Ricci discussed several important topics. He encouraged participation in the parks master plan meetings, highlighting their importance for the future of the city's parks. He shared good news about the upcoming resurfacing of Kansas Avenue, expected to begin this summer. He also mentioned efforts to address the community's feral cat issue, including plans to meet with the Stanislaus Animal Services Agency. Lastly, he expressed concern over drivers speeding over 100mph in Modesto, emphasizing the need for continued efforts to reduce speeding.
Council Member Alvarez highlighted several upcoming events. He encouraged attendance at the Parks and Recreation Master Plan workshop on March 12th, emphasized a household hazardous waste collection event on March 15th, and shared the success of the Spring Health Fair, which served 70 families. He also promoted the Tech Champions Workshop on March 13th, offering small businesses strategies for integrating new technologies to reduce costs and save time. Alvarez is a longtime member of both the California Hispanic Chambers of Commerce and the Stanislaus Latino Chamber of Commerce.
Vice-Mayor Bavaro shared several updates, including an upcoming council workshop on March 26th to discuss a soccer stadium and smoke shops. He also mentioned the Friends of Hospice Gala on May 10th, their major fundraiser. Bavaro attended the Modesto Police Officers Association Board meeting, where he listened to concerns about improving community safety. He also praised the event's lunch and noted the productive discussions. - 7 -
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Mayor Zwahlen appreciated everyone’s service to the community and shared her involvement in a Q&A session with Scouts for Scouting America at Saint Joseph's Parish Hall, where she answered questions from about 50 young scouts. She also invited everyone to the State of the City address on Tuesday at the Gallo Center for the Arts at 5:30 p.m., which will provide updates, including information about Measure H funds.
CITY MANAGER COMMENTS & REPORTS
None.
HEARINGS
Published in the Modesto Bee on February 14, 2025. - Item requested to be continued from February 25, 2025 Council meeting.
9. Hearing to consider approving an application for a Conditional Use Permit and Operating Agreement by Outfront Media to allow a digital freeway billboard located on the east side of State Highway 99 and south of Evergreen Avenue, located at 2024 W. Orangeburg Avenue. (Funding Source: Application Fee) Resolution approving an Operating Agreement between the City of Modesto and Outfront Media LLC, for the installation of a digital freeway billboard on property located at 2024 W. Orangeburg Avenue and authorizing the City Manager or his designee to execute the Agreement.
Resolution approving a Conditional Use Permit for a digital freeway billboard located at 2024 W. Orangeburg Avenue (Outfront Media).
CED; Edwin Borquez, 209-577-5516, [email protected] ACTION: (Alvarez/Wright; 7/0) Resolution 2025-094 approving an Operating Agreement between the City of Modesto and Outfront Media LLC, for the installation of a digital freeway billboard on property located at 2024 W. Orangeburg Avenue and authorizing the City Manager or his designee to execute the Agreement.
ACTION: (Alvarez/Wright; 7/0) Resolution 2025-095 approving a Conditional Use Permit for a digital freeway billboard located at 2024 W. Orangeburg Avenue (Outfront Media).
Published in the Modesto Bee on February 28, 2025.
10. Hearing to consider establishing City of Modesto Community Facilities District (CFD) No. 2025-1 (Kiernan Business Park South #2), to replace City of Modesto Community Facilities District No. 2012-1 (Kiernan Business Park South), authorizing the levy of special taxes therein, calling a special election; and declaring the results of the March 11, 2025 special election. (Funding Source: Developer Deposits) Resolution declaring the formation of City of Modesto Community Facilities District No. 2025-1 (Kiernan Business Park South #2), conditionally authorizing the levy of special taxes therein.
Resolution of the City Council of the City of Modesto, California, acting as the legislative body of the City of Modesto Community Facilities District No. - 8 -
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2025-1 (Kiernan Business Park South #2), calling for a special election. Resolution declaring the results of March 11, 2025, special election and approving certain related actions pertaining to City of Modesto Community Facilities District No. 2025-1 (Kiernan Business Park South #2). Motion introducing and waiving the first reading of an Ordinance authorizing the levy of special taxes within the City of Modesto held within City of Modesto Community Facilities District No. 2025-1 (Kiernan Business Park South #2).
Motion introducing and waiving the first reading of an Ordinance in connection with City of Modesto Community Facilities District No. 2012-1 (Kiernan Business Park South), authorizing the cessation of the levy of related special taxes and the extinguishment and cancellation of all related liens, and dissolving said Community Facilities District.
CED; Edgar Garcia, 209-577-5211, [email protected] ACTION: (Escutia-Braaton/Williams; 7/0) Resolution 2025-096 declaring the formation of City of Modesto Community Facilities District No. 2025-1 (Kiernan Business Park South #2), conditionally authorizing the levy of special taxes therein.
ACTION: (Bavaro/Wright; 7/0) Resolution 2025-097 of the City Council of the City of Modesto, California, acting as the legislative body of the City of Modesto Community Facilities District No. 2025-1 (Kiernan Business Park South #2), calling for a special election.
ACTION: (Williams/Ricci; 7/0) Resolution 2025-098 declaring the results of March 11, 2025, special election and approving certain related actions pertaining to City of Modesto Community Facilities District No. 2025-1 (Kiernan Business Park South #2).
ACTION: (Ricci/Escutia-Braaton; 7/0) Motion introducing and waiving the first reading of an Ordinance 3791-C.S. authorizing the levy of special taxes within the City of Modesto held within City of Modesto Community Facilities District No. 2025- 1 (Kiernan Business Park South #2).
ACTION: (Wright/Alvarez; 7/0) Motion introducing and waiving the first reading of an Ordinance 3792-C.S. in connection with City of Modesto Community Facilities District No. 2012-1 (Kiernan Business Park South), authorizing the cessation of the levy of related special taxes and the extinguishment and cancellation of all related liens, and dissolving said Community Facilities District.
Recessed: 6:56 P.M.
Resumed: 7:01 P.M.
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NEW BUSINESS
11. Consider approving the Purchasing Agreement for Renewable Diesel and Bulk Fuels to Hunt & Sons, LLC, Sacramento, CA, for a total amount not to exceed $18,750,000 over five years. (Funding Source: Various Funds)
Resolution approving the Purchasing Agreement for Renewable Diesel and Bulk Fuels to Hunt & Sons, LLC, Sacramento, CA, for a total amount not to exceed $18,750,000 over five years; and authorizing the Director of Finance, or her designee, to execute the Agreement.
PUBLIC WORKS; Patrick Crowley, 209-342-2274, [email protected] ACTION: (Bavaro/Ricci; 7/0) Resolution 2025-099 approving the Purchasing Agreement for Renewable Diesel and Bulk Fuels to Hunt & Sons, LLC, Sacramento, CA, for a total amount not to exceed $18,750,000 over five years; and authorizing the Director of Finance, or her designee, to execute the Agreement.
MATTERS TOO LATE FOR THE AGENDA
None.
ADJOURNMENT
This meeting adjourned at 7:13 p.m.
Attest: ____________________________
Diane Nayares-Perez, City Clerk