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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, May 13, 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: Jeremy Brown, Chaplain from Doctors Medical Center City Clerk’s Announcements: None.
Declaration of Conflicts of Interest: Items 13, 20, & 21 – Councilmember Alvarez Reports from Closed Session: No reportable action.
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Proclamation declaring May 19th, 2025 as George Wallace Day in honor of the Modesto Fire Department’s 150th Anniversary. (Funding Source: Not Applicable) FIRE DEPARTMENT; Jessica Hampton, 209-342-4555, [email protected] - 2 -
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ACTION: Mayor Zwahlen presented proclamation declaring May 19th, 2025 as George Wallace Day in honor of the Modesto Fire Department’s 150th Anniversary.
2. Proclamation declaring May 17th - 18th, 2025 as Relay for Life Days. (Funding Source: Not Applicable)
CITY COUNCIL; Breanna Griffin, 209-577-5421, [email protected] ACTION: Mayor Zwahlen presented a proclamation declaring May 17th - 18th, 2025 as Relay for Life Days.
3. Proclamation declaring May 18th - 24th as National Public Works Week for 2025. (Funding Source: Not Applicable)
CITY COUNCIL; Breanna Griffin, 209-577-5421, [email protected] ACTION: Mayor Zwahlen presented a proclamation declaring May 18th - 24th as National Public Works Week for 2025.
MISCELLANEOUS
4. Consider accepting the resignation of Larry Sanders from the Citizen’s Housing and Community Development Committee. (Funding Source: Not Applicable) Staff Recommendation:
Resolution accepting the resignation of Larry Sanders from the Citizen’s Housing and Community Development Committee.
CED; Edgar Garcia, 209-571-5101, [email protected] ACTION: (Williams/Wright; 7/0) Resolution 2025-151 accepting the resignation of Larry Sanders from the Citizen’s Housing and Community Development Committee.
PUBLIC COMMENT IN PERSON
Kimberly Molina, a manager for a free government phone program in Modesto, reports challenges complying with local code enforcement despite holding the required permits, LLC, and business license. She notes that other cities, such as Stockton, have a more straightforward process. Team members have received citations without the expected warning and fine progression, and she is requesting assistance from city leadership to continue operating.
Marlys Jones addressed the Mayor regarding the same issue as the previous speaker and stated she plans to contact Allison, the Deputy City Manager, as suggested. Abraham Guzman, a 75-year resident of Modesto and long-time community volunteer, including work on local golf initiatives, requested that the City Council consider offering complimentary green fees at city golf courses for Modesto residents aged 90 and older. He noted that similar policies exist in other California cities. - 3 -
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Danielle Morgart, representing Assemblyman Juan Alanis, provided a legislative update on AB 379. Initially, the Assembly voted to exclude 16- and 17-year-olds from sex trafficking protections in the bill. However, that decision was later reversed, and the original language has been restored. The bill is continuing through the legislative process.
Keith Griffith provided feedback regarding his experience with city services following a house fire on August 30, 2024. He reported being billed for solid waste services despite the home being unoccupied for eight months and referenced municipal code
55.110. He suggested the city review this regulation to improve processes for residents in similar situations and acknowledged that city staff responded to his concerns. Steve addressed the Council on the anniversary of Brittony Estrella Chavez’s death, criticized past Council behavior, and requested a moment of silence for her and Paul Chavez Jr.
Teresa Clutter, mother of Brittony Chavez, spoke on the upcoming one-year anniversary of her daughter’s death. She emphasized Brittony's efforts to seek justice for her husband, Paul Chavez Jr., who was killed by Modesto Police in 2022. Clutter called for improved officer training and accountability and asked the Council to remember Brittany and support her surviving children.
Lucas thanked the Council for safety improvements at I and 16th Street and noted the installation of a pedestrian safety device. He also requested the addition of a similar safety feature at Tully and Pearl to protect students near Fremont Elementary School.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS: 5, 7-11, 14-17 (Bavaro/Wright; 7/0)
CONSENT
Consent
5. Consider approving the minutes for the May 6, 2025 Council Meeting. (Funding Source: Not Applicable)
Motion approving the minutes for the May 6, 2025 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Bavaro/Wright; 7/0) Motion approving the minutes for the May 6, 2025 Council Meeting.
Removed from Consent
6. Consider approving Final Adoption of Ordinance 3794-C.S. approving the Modesto Police Department’s Military Equipment Use Policy (Policy 710) in accordance with Ca Assembly Bill 481, and approving the Purchase of additional equipment that qualifies as “Military Equipment” in Fiscal Year 2025-2026 and Rescinding Ordinance No. 3782-C.S. (Funding Source: Not Applicable)
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Motion approving Final Adoption of Ordinance 3794-C.S. approving the Modesto Police Department’s Military Equipment Use Policy (Policy 710) in accordance with Ca Assembly Bill 481, and approving the Purchase of additional equipment that qualifies as “Military Equipment” in Fiscal Year 2025-2026 and Rescinding Ordinance No. 3782-C.S.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Ricci; 7/0) Motion approving Final Adoption of Ordinance 3794- C.S. approving the Modesto Police Department’s Military Equipment Use Policy (Policy 710) in accordance with Ca Assembly Bill 481, and approving the Purchase of additional equipment that qualifies as “Military Equipment” in Fiscal Year 2025-2026 and Rescinding Ordinance No. 3782-C.S.
Consent
7. Consider approving the Third Amendment with CGI Technology and Solutions Inc., for the Software as a Service (SaaS) Agreement for the City of Modesto’s CGI Advantage Budget Software increasing the total Agreement amount by $60,500. (Funding Source: All City Funds)
Resolution approving the Third Amendment with CGI Technology and Solutions Inc., for the Software as a Service (SaaS) Agreement for the City of Modesto’s CGI Advantage Budget Software increasing the Agreement amount by $60,050 for a revised total amount not to exceed $1,675,850; and authorizing the City Manager or his designee to execute the Amendment.
BUDGET; Steve Christensen, 209-577-5390, [email protected] ACTION: (Bavaro/Wright; 7/0) Resolution 2025-152 approving the Third Amendment with CGI Technology and Solutions Inc., for the Software as a Service (SaaS) Agreement for the City of Modesto’s CGI Advantage Budget Software increasing the Agreement amount by $60,050 for a revised total amount not to exceed $1,675,850; and authorizing the City Manager or his designee to execute the Amendment.
Consent
8. Consider and review the Draft Budget as submitted by the City Manager with the Mayor’s Final Budget Modifications and combining the documents into the Proposed Budget for Fiscal Year 2025-26 and noticing a public hearing to be held on June 3, 2025, for Council’s consideration and adoption of the Fiscal Year 2025-26 Proposed Budget and related actions. (Funding Source: All City Funds) Resolution combining the City Manager’s Draft Budget and the Mayor’s Final Budget Modifications into the Proposed Budget for Fiscal Year 2025-26 and noticing a public hearing to be held on June 3, 2025, for Council’s consideration and adoption of the Fiscal Year 2025-26 Proposed Budget and related actions.
BUDGET; Steve Christensen, 209-577-5390, [email protected] - 5 -
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ACTION: (Bavaro/Wright; 7/0) Resolution 2025-153 combining the City Manager’s Draft Budget and the Mayor’s Final Budget Modifications into the Proposed Budget for Fiscal Year 2025-26 and noticing a public hearing to be held on June 3, 2025, for Council’s consideration and adoption of the Fiscal Year 2025-26 Proposed Budget and related actions.
Consent
9. 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: (Bavaro/Wright; 7/0) Resolution 2025-154 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
10. Consider a Cooperative Agreement with Caltrans for the Project Approval and Environmental Document (PA&ED) Phase of the Briggsmore Avenue at State Route
99. (Funding Source: Measure L and Regional Surface Transportation Program (RSTP))
Resolution approving a Cooperative Agreement with Caltrans for the Project Approval and Environmental Document (PA&ED) Phase of the Briggsmore Avenue at State Route 99 and authorizing City Manager, or his designee, to execute the Cooperative Agreement.
ENGINEERING SERVICES; Toby Wells, 209-571-5542, [email protected] ACTION: (Bavaro/Wright; 7/0) Resolution 2025-155 approving a Cooperative Agreement with Caltrans for the Project Approval and Environmental Document (PA&ED) Phase of the Briggsmore Avenue at State Route 99 and authorizing City Manager, or his designee, to execute the Cooperative Agreement.
Consent
11. Consider accepting the River Trunk Realignment Gravity System Project Rebid as complete, releasing securities, releasing payments totaling $22,185,635 to Ranger Pipelines, Inc., of San Francisco CA, and authorizing the City Clerk to file a Notice of Completion. (Funding Source: Wastewater Fund)
Resolution accepting the River Trunk Realignment Gravity System Project Rebid as complete, releasing securities, releasing payments totaling $22,185,635 to Ranger Pipelines, Inc., of San Francisco CA, and authorizing the City Clerk to file a Notice of Completion.
ENGINEERING SERVICES; Pete Kambel, 209-577-5444, [email protected] - 6 -
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ACTION: (Bavaro/Wright; 7/0) Resolution 2025-156 accepting the River Trunk Realignment Gravity System Project Rebid as complete, releasing securities, releasing payments totaling $22,185,635 to Ranger Pipelines, Inc., of San Francisco CA, and authorizing the City Clerk to file a Notice of Completion.
Removed from Consent
12. Consider approving the Plans and Specifications for the 2024 Park Security Lighting Project, accepting the Bid and Awarding a Construction Contract to Modesto Executive Electric, Inc. of Modesto, CA, in the amount not to exceed $781,195. (Funding Source: Measure H)
Resolution approving the Plans and Specifications for the 2024 Park Security Lighting Project, accepting the Bid and Awarding a Construction Contract to Modesto Executive Electrical, Inc. of Modesto, CA., in the amount of $697,495, authorizing $83,700, for contingency (if needed), for a total payment amount not to exceed $781,195, and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution amending the Fiscal Year 2024-25 Capital Improvement Program budget to fund Project #101518 (Preventative Maintenance – Measure H), Project #101517 (Deferred Maintenance – Measure H) and Project #101602 (24/25 Preventative Maintenance – Measure H) in an amount not to exceed $208,844 in transfers, revenue, and to budget expenditures to fund the project, and authorizing the City Manager, or his designee, to implement the provisions of this resolution.
ENGINEERING SERVICES; Nathan Houx, 209-571-5526, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2025-157 approving the Plans and Specifications for the 2024 Park Security Lighting Project, accepting the Bid and Awarding a Construction Contract to Modesto Executive Electrical, Inc. of Modesto, CA., in the amount of $697,495, authorizing $83,700, for contingency (if needed), for a total payment amount not to exceed $781,195, and authorizing the City Manager, or his designee, to execute the Agreement.
ACTION: (Wright/Williams; 7/0) Resolution 2025-158 amending the Fiscal Year 2024-25 Capital Improvement Program budget to fund Project #101518 (Preventative Maintenance – Measure H), Project #101517 (Deferred Maintenance – Measure H) and Project #101602 (24/25 Preventative Maintenance – Measure H) in an amount not to exceed $208,844 in transfers, revenue, and to budget expenditures to fund the project, and authorizing the City Manager, or his designee, to implement the provisions of this resolution.
Removed from Consent
13. Consider amending the Annual Commercial Cannabis Permit Fees and Application Fee for operational and non-operational approved Cannabis businesses, reestablishing the Cannabis Application Permit Fee as a refundable deposit and adopting the Commercial Cannabis Business Modification Request Deposits for changes in ownership and - 7 -
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location. (Funding Source: Cannabis Fund)
Resolution adopting an Amendment to the Annual Commercial Cannabis Permit Fee for City approved business, approving the Operational Annual Commercial Cannabis Permit Fee with an annual cost of $22,821 and the Nonoperational Annual Commercial Cannabis Permit Fee with an annual cost of $3,991.
Resolution approving an amendment to the Commercial Cannabis Permit Application Fee adjusting the fee to a $6,380 refundable deposit. Resolution adopting Commercial Cannabis Business Modification Request deposits in the amount of $2,000 for changes in ownership and $5,000 for changes in location.
FINANCE DEPARTMENT; Gina Brown, 209-577-5381, [email protected] ACTION: (Bavaro/Williams; 6/0; Alvarez Recused) Resolution 2025-159 adopting an Amendment to the Annual Commercial Cannabis Permit Fee for City approved business, approving the Operational Annual Commercial Cannabis Permit Fee with an annual cost of $22,821 and the Non-operational Annual Commercial Cannabis Permit Fee with an annual cost of $3,991.
ACTION: (Bavaro/Williams; 6/0; Alvarez Recused) Resolution 2025-160 approving an amendment to the Commercial Cannabis Permit Application Fee adjusting the fee to a $6,380 refundable deposit.
ACTION: (Bavaro/Williams; 6/0; Alvarez Recused) Resolution 2025-161 adopting Commercial Cannabis Business Modification Request deposits in the amount of $2,000 for changes in ownership and $5,000 for changes in location.
Consent
14. Consider accepting an Informational Report on the January and February 2025 Grant Applications and Awards. (Funding Source: Not Applicable) Motion accepting an Informational Report for January and February 2025, Grant Applications.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Bavaro/Wright; 7/0) Motion accepting an Informational Report for January and February 2025, Grant Applications.
Consent
15. Consider accepting an Informational Report for the March 2025 Accounts Payable Payment Register and Void Report. (Funding Source: Not Applicable) Motion accepting an Informational Report for the March 2025 Accounts Payable Payment Register and Void Report.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
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ACTION: (Bavaro/Wright; 7/0) Motion accepting an Informational Report for the March 2025 Accounts Payable Payment Register and Void Report.
Consent
16. Consider amending the Culture Commission bylaws. (Funding Source: General Fund) Resolution amending the Culture Commission bylaws.
PRN; Diane Sheatsley, 209-577-5418, [email protected] ACTION: (Bavaro/Wright; 7/0) Resolution 2025-162 amending the Culture Commission bylaws.
Consent
17. Consider approving a Service Agreement with Trinity Rivard, Tampa, FL for the installation of the 150th Anniversary Mural in the amount of $25,000. (Funding Source: General Fund - Project 100880 - Art in Public Places) Resolution approving a Service Agreement with Trinity Rivard, Tampa, FL for the installation of the 150th Anniversary Mural in the amount of $25,000, and authorizing the City Manager, or his designee, to execute the Agreement.
PRN; Diane Sheatsley, 209-577-5418, [email protected] ACTION: (Bavaro/Wright; 7/0) Resolution 2025-163 approving a Service Agreement with Trinity Rivard, Tampa, FL for the installation of the 150th Anniversary Mural in the amount of $25,000, and authorizing the City Manager, or his designee, to execute the Agreement.
COUNCIL COMMENTS & REPORTS
Vice Mayor Bavaro stated that the request regarding free golf fees for seniors is being reviewed by the golf committee before it can proceed to the Council. He also reported attending the Stanislaus County Peace Officers Memorial and noted the impact of fallen officers on communities. He also commented on Governor Newsom’s new model ordinance for addressing homeless encampments, suggesting the state identify available properties and reopen mental health facilities to provide services for those experiencing homelessness.
Councilmember Williams reported that he was unable to attend the local Peace Officers Association services due to travel to Aguascalientes, Mexico, a Modesto sister city. He participated in workshops on web services, water management, and public safety, and met with city officials to strengthen the relationship between the two cities. He noted the city's large fair and expressed appreciation for the opportunity to represent Modesto.
Councilmember Ricci provided updates on local initiatives, including the upcoming opening of Jenny’s Place, which will offer studio apartments for homeless youth and adults. He acknowledged efforts by city staff in securing a $17 million grant for the project. He expressed support for a feasibility study on restarting flights at the Modesto Airport. He also attended the Modesto Police Department awards dinner and commended - 9 -
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the department's work on crime reduction.
Councilmember Escutia-Braaton reported attending the Modesto Police Department’s 25th Annual Awards Dinner, where officers were recognized for exceptional service. She also toured the Golden Valley Health Center clinics, highlighting their wide range of medical services and unique features such as integrated urgent care and a food pharmacy providing nonperishable items to patients in need.
Councilmember Alvarez announced a community forum hosted by the Modesto Police Department and District 2 on May 14 at the King Kennedy Center from 5:30 to 8:00 p.m.
The event is intended for community members to ask questions, share concerns, and engage with local leaders.
Mayor Zwahlen reported attending the grand opening of the Center for Human Services Youth and Family Behavioral Health Center, which will provide mental health support to thousands annually. She also attended an event honoring Dr. Ludder as Physician of the Year for his pioneering work in cardiology and decades of service in Modesto.
CITY MANAGER COMMENTS & REPORTS
None.
HEARINGS
Published in the Modesto Bee on April 23, 2025
18. Hearing to consider a proposed Amendment to the Modesto Urban Area General Plan; Specific Plan Amendment No. 4 to the Tivoli Specific Plan; and Exceptions from the Tivoli Specific Plan’s development and design standards for the Martin Property (NRB Investments, LLC). (Funding Source: Developer Fees)
Resolution amending the Modesto Urban Area General Plan to Amend the Land Use Element to change 12.66 acres from Regional Commercial uses to Residential uses. (NRB Investments, LLC).
Resolution approving Specific Plan Amendment No. 4 to the Tivoli Specific Plan, and exceptions to the design standards for reduced setbacks and lot sizes for lots. (NRB Investments, LLC).
CED; Michael Hren, 209-577-5273, [email protected]
ACTION: (Bavaro/Escutia-Braaton; 7/0) Resolution 2025-164 amending the Modesto Urban Area General Plan to Amend the Land Use Element to change 12.66 acres from Regional Commercial uses to Residential uses. (NRB Investments, LLC).
ACTION: (Ricci/Bavaro; 7/0) Resolution 2025-165 approving Specific Plan Amendment No. 4 to the Tivoli Specific Plan, and exceptions to the design standards for reduced setbacks and lot sizes for lots. (NRB Investments, LLC). - 10 -
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Published in the Modesto Bee on April 23, 2025
19. Hearing to consider the adoption of a proposed Development Agreement between the City of Modesto and DASCO Olivewood LLC regarding Area Plan No. 6 of the Tivoli Specific Plan. (Funding Source: Developer Funded)
Resolution approving that the following subsequent project is within the scope of the Tivoli Specific Plan Final Environmental Impact Report (SCH 2005072125): Development Agreement by and between the City of Modesto and DASCO Olivewood LLC regarding Area Plan No. 6 of the Tivoli Specific Plan.
Motion introducing and waiving the first reading of an Ordinance approving a Development Agreement by and between the City of Modesto and DASCO Olivewood LLC regarding Area Plan No. 6 of the Tivoli Specific Plan. (DASCO Olivewood LLC and City of Modesto).
CED; Katharine Martin, 209-577-5465, [email protected] ACTION: (Ricci/Zwahlen; 7/0) Resolution 2025-166 approving that the following subsequent project is within the scope of the Tivoli Specific Plan Final Environmental Impact Report (SCH 2005072125): Development Agreement by and between the City of Modesto and DASCO Olivewood LLC regarding Area Plan No. 6 of the Tivoli Specific Plan.
ACTION: (Ricci/Zwahlen; 7/0) Motion introducing and waiving the first reading of an Ordinance approving a Development Agreement by and between the City of Modesto and DASCO Olivewood LLC regarding Area Plan No. 6 of the Tivoli Specific Plan. (DASCO Olivewood LLC and City of Modesto).
Recessed at 7:30 P.M.
Reconvened at 7:36 P.M.
Councilmember Alvarez left at 7:30 P.M.
Published in the Modesto Bee on April 30, 2025.
20. Hearing to consider a relocation request of CR & D Inc. from 439 Maze Boulevard to 1313 McHenry Avenue. (Funding Source: Cannabis Permit Application Fee) Resolution approving the relocation request of CR & D Inc. from 439 Maze Boulevard to 1313 McHenry Avenue with the granting of a residential proximity waiver.
CED; Sean Rando, 209-577-5473, [email protected]
ACTION: (Wright/Ricci; 5/1; Bavaro No; Alvarez Recused) Resolution 2025-167 approving the relocation request of CR & D Inc. from 439 Maze Boulevard to 1313 McHenry Avenue with the granting of a residential proximity waiver.
Published in the Modesto Bee on April 30, 2025.
21. Hearing to consider a relocation request of McHenry Business Services LLC from 500 East Glenn Avenue to 1300 North Carpenter Road Suite E and F. (Funding Source:
Cannabis Permit Application Fee)
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Resolution approving the relocation request of McHenry Business Services LLC from 500 East Glenn Avenue to 1300 North Carpenter Road Suite E and F.
CED; Sean Rando, 209-577-5473, [email protected]
ACTION: (Ricci/Wright; 6/0; Alvarez Recused) Resolution 2025-168 approving the relocation request of McHenry Business Services LLC from 500 East Glenn Avenue to 1300 North Carpenter Road Suite E and F.
MATTERS TOO LATE FOR THE AGENDA
None.
ADJOURNMENT
This meeting adjourned at 7:52 PM
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: 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: Michael Shapiro, President – Pioneer Baseball League Under Negotiation: Price and Terms of Lease