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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, June 24, 2025 at 5:30 PM
Special City Council – Closed Session Meeting 3:30 P.M.
Roll Call - Present: Councilmembers Alvarez (arrived at 3:40 p.m.), Bavaro, Escutia-Braaton, Ricci, Williams (recused from item 3 on the Closed Session agenda), 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
City Clerk’s Announcements
Item 9 was pulled for a separate vote.
Declaration of Conflicts of Interest
Williams – Item 3 of Closed Session re: Property Negotiations at 601 Neece Dr.
Wright - Item 9 re: McHenry Comic Management LLC.
Bavaro - Item 9 re: Phenos Collective Inc. and Paradise West Inc.
Reports from Closed Session
Mayor Zwahlen reported out regarding Employee Performance Evaluation of City Manager Joe Lopez evaluation. Pursuant to City Charter section 725, the City Council reviewed the performance of the City Manager as it relates to the core competencies of the - 2 -
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City Manager position, his duties and responsibilities, his past achievements during this rating period, as well as his upcoming goals for this next year, and found City Manager Lopez to be a very hard working individual that does a fine job in managing the organization and that he consistently makes sound decisions and recommendations to Council. Council values what he brings to the organization and commends him for his leadership, his high integrity and his strong work ethic. They truly appreciate everything that he and his entire leadership team has accomplished this past year and look forward to working in partnership with him in the years to come.
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Proclamation declaring July as Disability Rights Month. (Funding Source: Not Applicable)
CITY COUNCIL; Breanna Griffin, 209-577-5421, [email protected] ACTION: Mayor Zwahlen presented a proclamation declaring July as Disability Rights Month.
MISCELLANEOUS
2. Consider accepting the resignation of Diane Kroeze from the Citizens’ Transportation Sales Tax Commission. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution accepting the resignation of Diane Kroeze from the Citizens’ Transportation Sales Tax Commission.
ENGINEERING SERVICES; Toby Wells, 209-571-5542, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2025-212 accepting the resignation of Diane Kroeze from the Citizens’ Transportation Sales Tax Commission.
3. Consider approving the appointment of Melinda Martin to fill one City of Modesto representative vacancy to the Stanislaus Animal Services Agency Advisory Committee for a two-year term beginning July 1, 2025 through June 30, 2027. (Funding Source:
Not Applicable)
Staff Recommendation:
Resolution approving the appointment of Melinda Martin as the City of Modesto representative to the Stanislaus Animal Services Agency Advisory Committee for a two-year term beginning July 1, 2025, through June 30, 2027.
CITY MANAGER; Scotty Douglass, 209-577-9149, [email protected] ACTION: (Ricci/Alvarez; 7/0) Resolution 2025-213 approving the appointment of Melinda Martin as the City of Modesto representative to the Stanislaus Animal Services Agency Advisory Committee for a two-year term beginning July 1, 2025, through June 30, 2027.
4. Consider approving the appointment of Thomas Orosco for the City of Modesto Public - 3 -
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Member of the Audit Committee for a partial unexpired term ending June 30, 2027. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution approving the appointment of Thomas Orosco for the City of Modesto Public Member of the Audit Committee for a partial unexpired term ending June 30, 2027.
FINANCE DEPARTMENT; DeAnna Christensen, 209-577-5387,
[email protected]
ACTION: (Williams/Bavaro; 7/0) Resolution 2025-214 approving the appointment of Thomas Orosco for the City of Modesto Public Member of the Audit Committee for a partial unexpired term ending June 30, 2027.
PUBLIC COMMENT IN PERSON
Rossy Arqullo urged the Modesto City Council to address the unregulated sale of flavored tobacco to minors. She called for a mandatory licensing Ordinance for all tobacco retailers—not just smoke shops—citing serious health risks to youth and urging immediate action to close enforcement gaps.
Juan Molinares addressed the City Council about unresolved property damage caused by a City-owned tree in front of his home. He explained that the tree damaged his driveway, leading to repair costs of over $35,000. Despite efforts over four years to resolve the issue, including contact with City staff, no assistance has been provided.
The tree was eventually removed, but only after significant damage had already occurred. Juan requested help from the City to cover the repair costs. Austin Grant raised concerns about how police handled a recent protest, particularly in relation to Municipal Code section 4-23.02(13), which he believes was misapplied. He called on the City Council to review, amend, or repeal the Ordinance, suggesting they research its origin, assess its current relevance, and involve the public through hearings. He emphasized that community concern is growing and urged timely action. John Mataka requested a public hearing on the same Municipal Code referenced by the previous speaker. He criticized the Modesto Police Department’s handling of a smaller protest at 1010 10th Street, suggesting the response—including arrests and use of force—was excessive and possibly influenced by the protest's topic or the racial makeup of its participants. He also pointed out the ongoing relevance of mask-wearing due to COVID-19 variants. Mataka urged the City to engage the community in open dialogue and review police actions related to the protest. Harlan Diven spoke about police actions during a June 14th protest. She described witnessing an arrest where officers in an unmarked vehicle quickly detained a masked individual without provocation or explanation. Diven stated that several arrests appeared targeted and involved unhoused youth. She expressed concern that those arrested were threatened with severe penalties under Penal Code 185, which she - 4 -
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viewed as an inappropriate and chilling response intended to suppress free speech. She urged the City Council to consider the broader implications of such enforcement. Giancarlo spoke about police actions during the “ICE OUT” protest. He claimed the protest was intentionally targeted by Modesto Police for strict enforcement of a Municipal Code banning certain masks, allegedly under direct orders from the Police Chief. Giancarlo described a heavy police presence, including officers in military gear and unmarked vehicles, and said arrests were made without provocation. He characterized the response as discriminatory and racially motivated, given the protest’s organizers and attendees were primarily people of color. He called for the full repeal of the Municipal Code, an independent investigation into police conduct, dismissal of all related charges, and an end to targeted policing.
Nora urged the City Council to repeal Municipal Code 4-23.02, which prohibits masks during public demonstrations. She argued the law is being misused to intimidate peaceful protesters, many of whom wear masks for health and safety or to avoid harassment. Nora criticized the origins and enforcement of the ordinance, claiming it enables biased policing and unjust arrests. She called the police actions on June 14th both discriminatory and harmful, and asked the Council to repeal the ordinance and drop all related charges.
Nic, a participant in both June 14th protests, described witnessing and experiencing what he viewed as targeted police actions against organizers and vulnerable individuals, particularly at the CV BIPOC-led protest. Drawing parallels to historic government surveillance and suppression of civil rights movements, he expressed deep concern over the use of police tactics that he likened to those of authoritarian regimes.
Nic emphasized that many wore masks for health reasons, not concealment, and criticized the use of public safety laws to suppress peaceful dissent. He called for serious reform of both the municipal mask ordinance and police conduct. Manuela condemned the Modesto Police Department’s actions during the June 14th protest, accusing them of using fear tactics and excessive force similar to ICE. She criticized unmarked vehicles, lack of identification, and the arrest of seven people without clear cause. Manuela demanded the full repeal of the mask ordinance, an independent investigation into police conduct, immediate dismissal, and record clearance for those arrested, and an end to targeted repression of marginalized communities in Modesto and the Central Valley. She emphasized the harm caused to unhoused youth and urged the Council to listen to their constituents. Anthony criticized the Municipal Code restricting mask use during protests, highlighting its conflict with the Americans with Disabilities Act (ADA), especially considering long COVID as a disability. He condemned the police’s aggressive arrests on June 14th and suggested they amounted to profiling. Anthony called on the City Council to repeal the ordinance, drop charges against those arrested, and restore true First Amendment freedoms. He urged officials to prioritize the community’s interests over police power and political repression.
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Gavin Bruce, a participant in the Central Valley BIPOC protest on June 14th, described police confiscation of the protest’s PA system, which hindered communication of safety information. He witnessed an unprovoked arrest by officers in tactical gear using an unmarked vehicle, without explanation. Gavin suggested police were deliberately trying to escalate tensions to justify budget increases. He praised the protest’s peaceful turnout despite police presence and urged the City Council to drop all charges against those arrested and launch an independent investigation into police actions. Steve spoke about witnessing police targeting peaceful protesters in Modesto, including himself, whom he said was arrested without explanation during the June 14th protest. He criticized the Municipal Code as part of broader discrimination linked to the rise of extremist groups and political repression. Steve urged the City Council to uphold democratic values by meeting the demands of the Central Valley BIPOC coalition, including dropping all charges and repealing the ordinance. Ian condemned the police tactics used against peaceful protesters, describing them as violent, terrorizing, and unjustified. He highlighted the disparity between how larger protests were treated versus the smaller rally, accusing the police of selective enforcement and abuse of power. Ian called for a reevaluation of the Municipal Code and the accountability of those charged with protecting the community, praising the bravery of the protesters in contrast to the police.
Emanuel Lopez spoke about witnessing the wrongful detention of seven community members during the June 14th CV BIPOC and No Kings protests. He described police using fear tactics, including loud announcements of riot control methods, and making arrests without warning, reading rights, or clear charges. Emanuel highlighted an incident where an officer used excessive force, breaking a person’s finger. He called on police officers who prioritize fear and profiling over protection to resign and urged the City Council to end injustice by dropping charges against those arrested. Leah Hassett spoke about attending the June 14th CV BIPOC rally with her young adult daughter. She emphasized the importance of young people having agency and a voice in their community. Leah expressed concern that police actions—such as grabbing protesters and placing them in unmarked cars—felt like repression and oppression, not freedom, damaging community trust in law enforcement. She urged for a safer environment for peaceful protest and condemned the police tactics resembling ICE’s intimidation. Leah fully supported the demands of CV BIPOC, including repealing repressive codes and dropping charges against arrested protesters. Liz Talbot a rally organizer, spoke in solidarity with the CV BIPOC group. She urged Modesto officials to revisit and reconsider the mask ordinance, highlighting the constitutional right to free speech without restrictions on dress. Liz noted the disparity in police response between the smaller and larger rallies, questioning the rationale behind targeting mask-wearers at the smaller event. She expressed concern for Waterford constituents—many from immigrant families—who felt unsafe and left the - 6 -
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protest early due to fear of arrests. Liz emphasized that the ordinance violates First Amendment rights and urged Modesto leaders to uphold their constitutional oath. Efrain Diaz, organizer with CV BIPOC, described how Modesto PD escalated tension at the June 14th protest by arresting a participant for wearing a mask and holding a flag, charging him with resisting arrest despite no resistance. Police used aggressive tactics, including a shotgun pointed at protesters, creating a climate of fear reminiscent of ICE raids. Diaz called for a full repeal of the mask ordinance (Municipal Code 4-
23.02.13), an independent investigation into MPD’s actions, immediate dismissal and record clearance of all charges, and an end to political repression targeting marginalized communities in Modesto and the Central Valley. Alex Garcia, a Latino community member and organizer of the ICE protest, shared his family’s immigrant background and the risks peaceful protesters face due to federal policies targeting immigrants. He emphasized that wearing masks for anonymity during protests is a protected form of free expression under the First Amendment, especially important for vulnerable communities fearing deportation or surveillance.
He called the Modesto mask ordinance unconstitutional and redundant given state law already covers concealing identity during crimes. Garcia demanded all charges from the arrests be dropped and the Ordinance fully repealed, pledging to fight vigorously if the Council fails to act.
Leah a concerned community member, condemned the police violence and repression at the June 14th Ice Out anti-deportation protest, where six peaceful protesters were unjustly arrested under Modesto’s anti-mask ordinance (Municipal Code 4-23.02, subsection 13). She emphasized that the ordinance has been weaponized, enabling discriminatory police actions that violate basic rights, including masking to protect against illness and harassment. Leah called on the City Council to repeal the ordinance and to strengthen the Community Police Review Board’s power to hold the Modesto Police Department accountable through independent investigations, highlighting the need for real consequences for police misconduct.
Isaac, one of the seven people arrested on June 14th, expressed heartfelt gratitude for the support he has received, saying he never expected it and sincerely thanked everyone.
Jessica, a community member present at the June 14th protest, criticized the Modesto Police Department for poor communication and minimal public education about the municipal code on masks. She observed that MPD used excessive force and fear tactics during the protest, including unmarked vehicles, riot gear, and aggressive detainments without explaining reasons or asking about exemptions. Jessica highlighted a double standard, noting that at other events like the Straight Pride parade and Proud Boys rallies, mask-related arrests were minimal despite violence there. She accused MPD of selectively enforcing the ordinance to push a political agenda, targeting vulnerable groups under the pretense of safety. Jessica demanded a full repeal of Modesto Municipal Code 4-23.02 subsection 13 and urged City officials to remember they are - 7 -
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accountable to the voters speaking out against this Ordinance. Daisy Mae Strauss spoke in support of the Central Valley BIPOC Coalition. She called on the Council to drop the charges against those arrested, repeal the mask ordinance, and expand the powers of the MPD Review Board to enable thorough investigations and accountability for police misconduct in the community. Laura Plascencia expressed deep concern about rising oppression and fascism locally, particularly highlighting Modesto PD’s actions as hostile and against the community.
She warned that without standing up now, democratic rights such as public comment may soon be restricted. Laura called for the immediate dismissal of charges against those arrested, an independent investigation into Modesto PD’s conduct, and reassessment or removal of the penal code related to mask restrictions. She criticized the police for their lack of cultural and emotional competency and their discriminatory treatment of peaceful community members who were protecting their health and safety.
She urged Councilmembers to support the community in resisting this toxic environment and to protect democratic freedoms.
Monica Flores attended the protest on June 14th with her family and described police actions as sudden and aggressive, including an unannounced arrest and officers surrounding an individual with guns. She found these actions frightening but said they strengthened her resolve to advocate for her community. Flores expressed a desire for mutual trust between residents and law enforcement in Modesto, noting that the events she witnessed did not reflect that trust.
Jasmine Navarro, a Modesto community member, expressed deep concern about the fear and anxiety experienced by local communities during these times of repression.
She found it upsetting that some police officers are involved in acts of violence against the community. Jasmine called for higher standards and better use of police funding to truly serve and protect the community. She also highlighted the tension in being a sanctuary state while fears persist about police cooperation with ICE, urging for clearer protections and cooperation to safeguard residents. She ended with a hopeful call for collaboration and progress.
Cecilia Flores shared that their group coordinated with another protest group at Graceada to hold an organized, peaceful march. She noted that police were present and involved even before the protest began, creating an atmosphere that seemed intended to discourage gathering and engagement. Despite their efforts to communicate and merge the protests peacefully, tensions escalated. Cecilia called for all charges against those arrested that day to be dropped.
Marisol Ramirez spoke in support of her niece and reflected on the limitations of free speech for non-U.S. citizens. She explained that while U.S. citizens have free speech protections, legal residents, visa holders, and refugees often do not, fearing repercussions such as losing residency if identified. She emphasized the risks faced by families with mixed immigration statuses, noting that even legal family members could - 8 -
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be targeted if someone is identified. Marisol also cited a recent example of a tourist denied entry to the U.S. over a political meme, illustrating heightened restrictions. She expressed understanding for protesters who wear masks to protect their identities and families from potential harm.
Ann Marie voiced support for the group's demands following the June 14th protest arrests. Although she did not attend the event, she stated she had reviewed video evidence and believes the detained individuals were arrested unlawfully. She urged the City Council to repeal Modesto Municipal Code 4-23.02(13) and any ordinances that restrict protest rights. She also called for an independent investigation through an empowered Community Police Review Board, the appointment of an external auditor to evaluate Modesto Police Department conduct, and the dismissal and expungement of all related charges. Ann Marie concluded by warning against the rise of fascism and emphasized the importance of allowing anonymity for health and safety in a surveillance climate.
Bianca strongly criticized the Modesto Police Department’s actions during the June 14th protest, accusing the Police Chief of misrepresenting the group’s intent and using intimidation tactics. She called for the repeal of the anti-mask ordinance, greater oversight through an empowered Civilian Review Board, and accountability for law enforcement, emphasizing her condemnation with repeated calls of “shame.” Loretta Carhart shared personal reflections in response to earlier comments, recalling past experiences with law enforcement dating back to the 1950s. While acknowledging past arrests, they emphasized the importance of police in the community, especially in light of recent personal experiences with crime. She urged others not to be overly critical of law enforcement, expressing concern that current attitudes may overlook the value and challenges of police work.
A community member offered a balanced perspective during public comment, stating they were not in favor of abolishing the police and acknowledged that some officers behaved appropriately during the June 14th protest. However, they questioned the presence of officers in SWAT gear, the use of firearms, and the surprise nature of arrests. They raised concerns about the financial cost of the police response, arguing that such tactics are not economically viable or beneficial for the community. The speaker urged the Council to consider not just the moral and political implications, but also the practical and economic impact of law enforcement actions.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS: 5-8, 10-14, 16-26 (Wright/Williams; 7/0) - 9 -
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CONSENT
Consent
5. Consider approving the minutes for the June 10, 2025 Council Meeting. (Funding Source: Not Applicable)
Motion approving the minutes for the June 10, 2025 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Williams; 7/0) Motion approving the minutes for the June 10, 2025 Council Meeting.
Consent
6. Consider approving Final Adoption of Ordinance 3796-C.S. amending Section 8-
10.102 “Membership of Commission” of Title 8 Chapter 10, “Citizens’ Transportation Sales Tax Commission”. (Funding Source: Not Applicable) Motion approving Final Adoption of Ordinance 3796-C.S. amending Section 8-
10.102 “Membership of Commission” of Title 8 Chapter 10, “Citizens’ Transportation Sales Tax Commission”.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Williams; 7/0) Motion approving Final Adoption of Ordinance 3796-C.S. amending Section 8-10.102 “Membership of Commission” of Title 8 Chapter 10, “Citizens’ Transportation Sales Tax Commission”.
Consent
7. Consider approving Final Adoption of Ordinance 3797-C.S. of the City Council of Modesto amending Title 10 (Zoning Regulations) of the Modesto Municipal Code, amending Chapter 2 (Definitions), Article 1 (Definitions); Chapter 3 (Land Use Regulations), Article 1 (Permitted And Conditional Land Uses); Chapter 3, Article 2 (Specific Land Use Regulations); Chapter 4 (Development Standards), Article 1 (Residential Zones); and Chapter 4, Article 5 (Accessory Dwelling Units). (Funding Source: Not Applicable)
Motion approving Final Adoption of Ordinance 3797-C.S. of the City Council of Modesto amending Title 10 (Zoning Regulations) of the Modesto Municipal Code, amending Chapter 2 (Definitions), Article 1 (Definitions); Chapter 3 (Land Use Regulations), Article 1 (Permitted And Conditional Land Uses); Chapter 3, Article 2 (Specific Land Use Regulations); Chapter 4 (Development Standards), Article 1 (Residential Zones); and Chapter 4, Article 5 (Accessory Dwelling Units).
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Williams; 7/0) Motion approving Final Adoption of Ordinance 3797-C.S. of the City Council of Modesto amending Title 10 (Zoning Regulations) of the Modesto Municipal Code, amending Chapter 2 (Definitions), Article 1 (Definitions); Chapter 3 (Land Use Regulations), Article 1 (Permitted And Conditional Land Uses); Chapter 3, Article 2 (Specific Land Use Regulations); Chapter 4 - 10 -
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(Development Standards), Article 1 (Residential Zones); and Chapter 4, Article 5 (Accessory Dwelling Units).
Consent
8. Consider approving the Economic Development Strategic Plan (2025). (Funding Source: Not Applicable)
Resolution approving the Economic Development Strategic Plan (2025).
CED; Raj Solanki, 209-577-5244, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2025-215 approving the Economic Development Strategic Plan (2025).
Removed from Consent for separate vote.
9. Consider approving the renewal of eight Commercial Cannabis Retail Permits for dispensaries in the City for a two-year period ending June 30, 2027. (Funding Source:
Commercial Cannabis Permit Fee)
Resolution approving the renewal of CR & D Inc’s commercial cannabis retail permit for a two-year period ending June 30, 2027.
Resolution approving the renewal of CV Wellness LLC’s commercial cannabis retail permit for a two-year period ending June 30, 2027. Resolution approving the renewal of Jonesa LLC’s commercial cannabis retail permit for a two-year period ending June 30, 2027.
Resolution approving the renewal of McHenry Business Services LLC’s commercial cannabis microbusiness permit for a two-year period ending June 30, 2027.
Resolution approving the renewal of DC Modesto LLC’s commercial cannabis retail permit for a two-year period ending June 30, 2027. Resolution approving the renewal of McHenry Comic Management LLC’s commercial cannabis retail permit for a two-year period ending June 30, 2027. Resolution approving the renewal of Phenos Collective Inc’s commercial cannabis retail permit for a two-year period ending June 30, 2027. Resolution approving the renewal of Paradise West Inc’s commercial cannabis retail permit for a two-year period ending June 30, 2027.
CED; Sean Rando, 209-577-5473, [email protected]
ACTION: (Wright/Ricci; 7/0) Resolution 2025-216 approving the renewal of CR & D Inc’s commercial cannabis retail permit for a two-year period ending June 30, 2027.
ACTION: (Wright/Ricci; 7/0) Resolution 2025-217 approving the renewal of CV Wellness LLC’s commercial cannabis retail permit for a two-year period ending June 30, 2027.
ACTION: (Wright/Ricci; 7/0) Resolution 2025-218 approving the renewal of Jonesa LLC’s commercial cannabis retail permit for a two-year period ending June 30, 2027.
ACTION: (Wright/Ricci; 7/0) Resolution 2025-219 approving the renewal of - 11 -
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McHenry Business Services LLC’s commercial cannabis microbusiness permit for a two-year period ending June 30, 2027.
ACTION: (Wright/Ricci; 7/0) Resolution 2025-220 approving the renewal of DC Modesto LLC’s commercial cannabis retail permit for a two-year period ending June 30, 2027.
ACTION: (Williams/Escutia-Braaton; 6/0; Wright recused) Resolution 2025-221 approving the renewal of McHenry Comic Management LLC’s commercial cannabis retail permit for a two-year period ending June 30, 2027.
ACTION: (Ricci/Escutia-Braaton; 6/0; Bavaro recused) Resolution 2025-222 approving the renewal of Phenos Collective Inc’s commercial cannabis retail permit for a two-year period ending June 30, 2027.
ACTION: (Ricci/Escutia-Braaton; 6/0; Bavaro recused) Resolution 2025-223 approving the renewal of Paradise West Inc’s commercial cannabis retail permit for a two-year period ending June 30, 2027.
Consent
10. Consider approving a Cost Sharing Agreement with the County of Stanislaus for the construction of the Urban Pavement Preservation Phase G and Phase H Projects. (Funding Source: Measure L)
Resolution approving a Cost Sharing Agreement with the County of Stanislaus for the construction of the Urban Pavement Preservation Phase G and Phase H Projects and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution amending the Fiscal Year 2024-25 Multi-Year Non-Capital project fund budgets for Project #101628 in the amount of $290,000 to appropriate the funds for the Urban Pavement Preservation Phase G and H projects and authorizing the City Manager, to take the necessary steps to implement the provisions of this resolution.
ENGINEERING SERVICES; Toby Wells, 209-577-5542, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2025-224 approving a Cost Sharing Agreement with the County of Stanislaus for the construction of the Urban Pavement Preservation Phase G and Phase H Projects and authorizing the City Manager, or his designee, to execute the Agreement.
ACTION: (Wright/Williams; 7/0) Resolution 2025-225 amending the Fiscal Year 2024-25 Multi-Year Non-Capital project fund budgets for Project #101628 in the amount of $290,000 to appropriate the funds for the Urban Pavement Preservation Phase G and H projects and authorizing the City Manager, to take the necessary steps to implement the provisions of this resolution.
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Consent
11. Consider accepting the State Route 132 West Freeway/Expressway - Phase 1 Project as complete, releasing securities, releasing payments totaling $100,285,151 to Bay Cities Paving & Grading, Inc., of Concord, California, and authorizing the City Clerk to file a Notice of Completion. (Funding Source: Various Funds)
Resolution accepting the State Route 132 West Freeway/Expressway - Phase 1 Project as complete, releasing securities, releasing payments totaling $100,285,151 to Bay Cities Paving & Grading, Inc., of Concord, California, and authorizing the City Clerk to file a Notice of Completion.
ENGINEERING SERVICES; Toby Wells, 209-571-5542, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2025-226 accepting the State Route 132 West Freeway/Expressway - Phase 1 Project as complete, releasing securities, releasing payments totaling $100,285,151 to Bay Cities Paving & Grading, Inc., of Concord, California, and authorizing the City Clerk to file a Notice of Completion.
Consent
12. Consider approving a Measure L Master Funding Agreement with Stanislaus Council of Governments (StanCOG) for Fiscal Year 2025-2030. (Funding Source: Measure L) Resolution approving the Measure L Master Funding Agreement with the Stanislaus Council of Governments (StanCOG) for Fiscal Years 2025-2030 and authorizing the City Manager or his designee to execute the Agreement.
ENGINEERING SERVICES; Toby Wells, 209-571-5542, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2025-227 approving the Measure L Master Funding Agreement with the Stanislaus Council of Governments (StanCOG) for Fiscal Years 2025-2030 and authorizing the City Manager or his designee to execute the Agreement.
Consent
13. Consider approving a Will Serve Letter and Outside Service Agreement with CLR Properties LLC, A California Limited Liability Company, to connect to the City of Modesto’s existing sewer system for the property located at 2204 Crows Landing Road (APN: 086-012-033). (Funding Source: Sewer Fund)
Resolution approving a Will Serve Letter and Outside Service Agreement with CLR Properties LLC, a California Limited Liability Company, to connect to the City of Modesto’s existing sewer system for the property located at 2204 Crows Landing Road (APN: 086-012-033) and authorizing the City Manager, or his designee, to the sign the Will Serve Letter and execute the Outside Service Agreement.
ENGINEERING SERVICES; Jaspreet Mangat, 209-577-5253,
[email protected]
ACTION: (Wright/Williams; 7/0) Resolution 2025-228 approving a Will Serve Letter and Outside Service Agreement with CLR Properties LLC, a California Limited Liability Company, to connect to the City of Modesto’s existing sewer system for the - 13 -
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property located at 2204 Crows Landing Road (APN: 086-012-033) and authorizing the City Manager, or his designee, to the sign the Will Serve Letter and execute the Outside Service Agreement.
Consent
14. Consider approving the submittal of up to eight Federal Grant applications for Congestion Mitigation and Air Quality (CMAQ) and Surface Transportation Block Grant (STBG) Funds. (Funding Source: Federal CMAQ Grant Funds, Federal STBG Grant Funds and Local Funds – Measure L)
Resolution approving the submittal of up to eight Federal Grant applications for Congestion Mitigation and Air Quality (CMAQ) and Surface Transportation Block Grant (STBG) funds, and authorizing the City Manager, or his designee to execute all necessary grant documents.
ENGINEERING SERVICES; Michael Sacuskie, 209-571-5552,
[email protected]
ACTION: (Wright/Williams; 7/0) Resolution 2025-229 approving the submittal of up to eight Federal Grant applications for Congestion Mitigation and Air Quality (CMAQ) and Surface Transportation Block Grant (STBG) funds, and authorizing the City Manager, or his designee to execute all necessary grant documents.
Recess: 7:37 p.m.
Reconvened: 7:36 p.m.
Removed from Consent
15. Consider approving a Purchase and Sale Agreement with Central California Conference Association of Seventh Day Adventist Church for $260,000; a Grant Deed, a Grant of Temporary Construction Easement and a Quit Claim Deed for Grantor’s interest in the Hetch Hetchy right of way for the Hetch Hetchy and Claratina Avenue Structural Crossing Project. (Funding Source: Streets Capital Facility Fees) Resolution approving a Purchase and Sale Agreement, Grant Deed, and Certificate of Acceptance with the Central California Conference Association of Seventh Day Adventist Church, a California Nonprofit Religious Corporation, for partial acquisition of an 11,005 square foot portion of real property, all of the Grantor’s interests and rights in a 2,803 square foot portion of land in Hetch Hetchy right of way, 7,085 square feet for a Temporary Construction Easement (TCE), and Severance Damages (consisting of removal of a 1,370 square foot single family residence) located at 301 Claratina Avenue (APN 082-009-003), in the amount of $260,000 plus closing costs for the Hetch Hetchy and Claratina Avenue Structural Crossing Project, and authorizing the City Manager, or his designee, to execute the Purchase and Sale Agreement, accept the Grant Deed and sign the Certificate of Acceptance for the partial acquisition of real property, sign the Grant of Temporary Construction Easement (TCE) Agreement and the Certificate of Acceptance for the Temporary Construction Easement (TCE), Accept the Quit Claim Deed and sign the Certificate of Acceptance of the Quit Claim Deed, and sign all related - 14 -
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documents required to complete the sale and close escrow.
ENGINEERING SERVICES; Michael Sacuskie, 209-571-5552,
[email protected]
ACTION: (Escutia-Braaton/Wright; 7/0) Resolution 2025-230 approving a Purchase and Sale Agreement, Grant Deed, and Certificate of Acceptance with the Central California Conference Association of Seventh Day Adventist Church, a California Nonprofit Religious Corporation, for partial acquisition of an 11,005 square foot portion of real property, all of the Grantor’s interests and rights in a 2,803 square foot portion of land in Hetch Hetchy right of way, 7,085 square feet for a Temporary Construction Easement (TCE), and Severance Damages (consisting of removal of a 1,370 square foot single family residence) located at 301 Claratina Avenue (APN 082- 009-003), in the amount of $260,000 plus closing costs for the Hetch Hetchy and Claratina Avenue Structural Crossing Project, and authorizing the City Manager, or his designee, to execute the Purchase and Sale Agreement, accept the Grant Deed and sign the Certificate of Acceptance for the partial acquisition of real property, sign the Grant of Temporary Construction Easement (TCE) Agreement and the Certificate of Acceptance for the Temporary Construction Easement (TCE), Accept the Quit Claim Deed and sign the Certificate of Acceptance of the Quit Claim Deed, and sign all related documents required to complete the sale and close escrow.
Consent
16. Consider approving the Plans and Specifications for the Park Turf Reduction, Phase 2 Project, and awarding a Construction Contract to Marina Landscape, Inc., of Orange, CA, in an amount not to exceed $1,029,236. (Funding Source: Urban Community Drought Relief Grant Program)
Resolution approving the Plans and Specifications for the Park Turf Reduction, Phase 2 Project, and awarding a Construction Contract to Marina Landscape, Inc., of Orange, CA, in the amount of $935,669 plus $93,567 in contingency (if needed), for a total amount not to exceed $1,029,236 and authorizing the City Manager, or his designee, to execute the Contract.
ENGINEERING SERVICES; Nathan Houx, 209-571-5526, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2025-231 approving the Plans and Specifications for the Park Turf Reduction, Phase 2 Project, and awarding a Construction Contract to Marina Landscape, Inc., of Orange, CA, in the amount of $935,669 plus $93,567 in contingency (if needed), for a total amount not to exceed $1,029,236 and authorizing the City Manager, or his designee, to execute the Contract.
Consent
17. Consider approving the First Amendment with Peregrine Technologies, San Francisco, CA, for Analytics and Data Integration platform increasing the Agreement amount by $60,000. (Funding Source: Traffic Safety Fund and State Supplemental Law Enforcement Services Fund)
Resolution approving the First Amendment with Peregrine Technologies, San Francisco, CA, for Analytics and Data Integration platform increasing the - 15 -
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Agreement amount by $60,000, to a new annual estimated amount of $204,500, and a new total amount of $613,500 through the term of the agreement; and authorizing the City Manager, or his designee to execute the Amendment.
POLICE DEPARTMENT; Chris Adams, 209-572-9500, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2025-232 approving the First Amendment with Peregrine Technologies, San Francisco, CA, for Analytics and Data Integration platform increasing the Agreement amount by $60,000, to a new annual estimated amount of $204,500, and a new total amount of $613,500 through the term of the agreement; and authorizing the City Manager, or his designee to execute the Amendment.
Consent
18. Consider approving the submission of a grant application for the California Violence Intervention and Prevention (CalVIP) Grant Program to the Board of State and Community Corrections for up to $2 million in grant funds. (Funding Source: General Fund)
Resolution approving the submission of a grant application for the California Violence Intervention and Prevention (CalVIP) Grant Program to the Board of State and Community Corrections for up to $2 million in grant funds and authorizing the City Manager, or his designee, as agent to execute and submit all documents which may be necessary for the completion of the grant application.
POLICE DEPARTMENT; Chris Adams, 209-572-9500, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2025-233 approving the submission of a grant application for the California Violence Intervention and Prevention (CalVIP) Grant Program to the Board of State and Community Corrections for up to $2 million in grant funds and authorizing the City Manager, or his designee, as agent to execute and submit all documents which may be necessary for the completion of the grant application.
Consent
19. Consider approving the Grant Applications, Grant Awards and amending the annual budgets for all the Beverage Container Recycling City/County Payment Programs to California Department of Resources, Recycling and Recovery. (Funding Source: Not Applicable)
Resolution approving the submittal of Grant Applications, Grant Awards, and amending the annual budgets for all Beverage Container Recycling City/County Payment Programs to the California Department of Resources, Recycling and Recovery, and authorizing the City Manager, or his designee, to execute all related documents.
PUBLIC WORKS; Kolton Pacheco, 209-577-5493, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2025-234 approving the submittal of Grant Applications, Grant Awards, and amending the annual budgets for all Beverage - 16 -
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Container Recycling City/County Payment Programs to the California Department of Resources, Recycling and Recovery, and authorizing the City Manager, or his designee, to execute all related documents.
Consent
20. Consider approving submittal of Grant Applications, accepting Grant Awards, and amending the annual budgets for all Used Oil Payment Program Grants to California Department of Resources, Recycling and Recovery. (Funding Source: Not Applicable) Resolution approving submittal of Grant Applications, and Grant Awards to the California Department of Resources, Recycling and Recovery (CalRecycle) for all Used Oil Payment Programs, accepting payment, amending the annual budget and authorizing the City Manager, or his designee, to execute all related documents.
PUBLIC WORKS; Kolton Pacheco, 209-577-5493, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2025-235 approving submittal of Grant Applications, and Grant Awards to the California Department of Resources, Recycling and Recovery (CalRecycle) for all Used Oil Payment Programs, accepting payment, amending the annual budget and authorizing the City Manager, or his designee, to execute all related documents.
Consent
21. Consider approving a list of projects to be funded with Road Repair and Accountability Act Tax proceeds for Fiscal Year 2025-2026. (Funding Source: Senate Bill 1 Funds) Resolution approving the list of projects to be funded with Road Repair and Accountability Act Tax proceeds in Fiscal Year 2025-2026 in an amount up to $5,753,385, and authorizing the City Manager or his designee, to approve the projects.
PUBLIC WORKS; John Sphar, 209-342-2235, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2025-236 approving the list of projects to be funded with Road Repair and Accountability Act Tax proceeds in Fiscal Year 2025-2026 in an amount up to $5,753,385, and authorizing the City Manager or his designee, to approve the projects.
Consent
22. Consider approving the extension of the Compost Facility Flexible Sales Pricing Pilot Program, originally approved on April 2, 2019, for a five-year extension effective August 1, 2025, through July 31, 2030. (Funding Source: Compost Fund) Resolution approving the extension of the Compost Facility Flexible Sales Pricing Pilot Program for a five-year extension effective August 1, 2025, through July 31, 2030.
PUBLIC WORKS; Guillermo Padilla Aguilera, 209-571-5145, [email protected]
ACTION: (Wright/Williams; 7/0) Resolution 2025-237 approving the extension of - 17 -
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the Compost Facility Flexible Sales Pricing Pilot Program for a five-year extension effective August 1, 2025, through July 31, 2030.
Consent
23. Consider approving the First Amendment with HDR Engineering, Inc., of Folsom, CA to complete assigned work and to gain Regulatory Compliance for the Carpenter Road Landfill, Modesto California, increasing the Agreement amount by $47,800 over the term of the Agreement. (Funding Source: Carpenter Road Landfill) Resolution approving the First Amendment with HDR Engineering, Inc. to complete assigned work and to gain Regulatory Compliance for the Carpenter Road Landfill, Modesto California, increasing the Agreement amount by $47,800 to a new total amount of $351,450 through the term of the Agreement; and authorizing the City Manager, or his designee to execute the Amendment.
PUBLIC WORKS; Rosene Nguyen, 209-577-5453, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2025-238 approving the First Amendment with HDR Engineering, Inc. to complete assigned work and to gain Regulatory Compliance for the Carpenter Road Landfill, Modesto California, increasing the Agreement amount by $47,800 to a new total amount of $351,450 through the term of the Agreement; and authorizing the City Manager, or his designee to execute the Amendment.
Consent
24. Consider approving the Second Amendment with HDR Engineering, Inc. Folsom, CA for the Feasibility Study for Compost, increasing the Agreement amount by $94,658 over the term of the Agreement. (Funding Source: Compost Facility Improvement Fund)
Resolution approving the Second Amendment with HDR Engineering, Inc. for the Feasibility Study for Compost, increasing the Agreement amount by $94,658 to a revised total amount not to exceed $287,775 over the term of the Agreement; and authorizing the City Manager, or his designee to execute the Amendment.
PUBLIC WORKS; Rosene Nguyen, 209-577-5453, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2025-239 approving the Second Amendment with HDR Engineering, Inc. for the Feasibility Study for Compost, increasing the Agreement amount by $94,658 to a revised total amount not to exceed $287,775 over the term of the Agreement; and authorizing the City Manager, or his designee to execute the Amendment.
Consent
25. Consider confirming the detachment of a non-contiguous City property deeded to Reclamation District 2091. (Funding Source: Sewer Operations Fund) Resolution confirming detachment of non-contiguous City of Modesto properties deeded to Reclamation District 2091, reverting the property back to unincorporated status within the County of Stanislaus and authorizing the City - 18 -
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Manager, or his designee, to execute any and all necessary documents required for City detachment.
UTILITIES; Jeff Daniels, 209-577-6255, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2025-240 confirming detachment of non-contiguous City of Modesto properties deeded to Reclamation District 2091, reverting the property back to unincorporated status within the County of Stanislaus and authorizing the City Manager, or his designee, to execute any and all necessary documents required for City detachment.
Consent
26. Consider approving an Architectural Services Agreement with RED INC Architects, of Modesto, CA, for the Fire Station 1 Rehabilitation and Tenant Improvements Project in the amount of $429,490, plus $42,949 in additional services, if needed, for an Agreement total not to exceed $472,439. (Funding Source: America Rescue Plan Act Grants Fund)
Resolution approving an Architectural Services Agreement with RED INC Architects, of Modesto, CA for the Fire Station 1 Rehabilitation and Tenant Improvements Project in the amount of $429,490, plus $42,949 in additional services, if needed, for an Agreement total not to exceed $472,439, and authorizing the City Manager, or his designee, to execute the Agreement.
UTILITIES; Cristian Ciotau, 209-571-5175, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2025-241 approving an Architectural Services Agreement with RED INC Architects, of Modesto, CA for the Fire Station 1 Rehabilitation and Tenant Improvements Project in the amount of $429,490, plus $42,949 in additional services, if needed, for an Agreement total not to exceed $472,439, and authorizing the City Manager, or his designee, to execute the Agreement.
COUNCIL COMMENTS & REPORTS
Councilmember Ricci acknowledged the concerns raised by the public about their rights and City Ordinances. He emphasized that these issues should be addressed by the Civilian Police Review Board, which was established by the Council. He mentioned that the board will hear a presentation from the Modesto Police Department about the June 14th protests at their next meeting. The board will also review the current Ordinance and examine public concerns. Ricci expressed pride in Modesto's willingness to evaluate and improve its policies and processes to enhance public safety.
Councilmember Williams agreed wholeheartedly with what Councilmember Ricci had stated.
Councilmember Alvarez recognized the importance of standing up against discrimination, especially for immigrant and Latino communities. Sharing his own family's history of discrimination, he emphasized the need for genuine solidarity in addressing injustices, not - 19 -
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just for popular causes but for long-term change. He expressed support for peaceful protests and called for transparency and coordination to prevent harm during such events.
Alvarez highlighted the significant role immigrants play in the local economy and reaffirmed his commitment to policies that protect both public safety and human dignity.
Councilmember Escutia-Braaton expressed pride in her heritage as a Latina and the daughter of immigrant parents who worked hard to provide opportunities for their family.
She emphasized her dedication to serving the Modesto community and acknowledged the recent peaceful demonstrations that took place. While noting serious incidents reported from the June 14th gathering, she urged that these concerns should not be dismissed. She commended the Modesto Police Department for its efforts to maintain safety during the event and acknowledged the challenges of preserving public order. She called for ongoing respectful dialogue, collaboration, and a shared commitment to community well-being, stressing that unity does not require agreement but a collective dedication to finding solutions.
Mayor Zwahlen expressed appreciation for the community members who shared their views at the meeting, stating that their input was heard and valued. She emphasized the importance of continued collaboration, respectful dialogue, and her pride in Modesto’s ability to engage in constructive discussions despite differing opinions.
CITY MANAGER COMMENTS & REPORTS
None.
HEARINGS
Published in the Modesto Bee on June 13, 2025.
27. Hearing to consider approving Fiscal Year 2025-26 Diagram and Annual Assessment and ordering the Levy and Collection of Charges within Landscape Maintenance Assessment District No. 1 for Dry Creek Meadows Subdivisions Nos. 1-6. (Funding Source: Landscape Maintenance District No. 1)
Resolution ordering the levy and collection of such charges as shown within the Engineer’s Annual Report within the City of Modesto Landscape Maintenance Assessment District No. 1 for the Dry Creek Meadows Subdivisions Nos. 1-6 for Fiscal Year 2025-26.
CED; Edgar Garcia, 209-577-5211, [email protected] ACTION: (Bavaro/Wright; 7/0) Resolution 2025-242 ordering the levy and collection of such charges as shown within the Engineer’s Annual Report within the City of Modesto Landscape Maintenance Assessment District No. 1 for the Dry Creek Meadows Subdivisions Nos. 1-6 for Fiscal Year 2025-26.
Published in the Modesto Bee on June 13, 2025.
28. Hearing to consider approving Fiscal Year 2025-26 Diagram and Annual Assessment and ordering the Levy and Collection of Charges within Landscape Maintenance - 20 -
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Assessment District No. 2 for Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision and Yosemite Meadows Subdivisions Units 1 and 2. (Funding Source: Landscape Maintenance District No. 2)
Resolution ordering the levy and collection of such charges as shown within the Engineer’s Annual Report within the City of Modesto Landscape Maintenance Assessment District No. 2 for Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision, and Yosemite Meadows Subdivision Units 1 and 2 for Fiscal Year 2025-26.
CED; Edgar Garcia, 209-577-5211, [email protected] ACTION: (Williams/Alvarez; 7/0) Resolution 2025-243 ordering the levy and collection of such charges as shown within the Engineer’s Annual Report within the City of Modesto Landscape Maintenance Assessment District No. 2 for Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision, and Yosemite Meadows Subdivision Units 1 and 2 for Fiscal Year 2025-26.
Published in the Modesto Bee on June 13, 2025.
29. Hearing to consider approving Fiscal Year 2025-26 Diagram and Annual Assessment and ordering the Levy and Collection of Charges within Shackelford Landscape and Lighting District. (Funding Source: Shackelford Landscape and Lighting District) Resolution ordering the levy and collection of such charges as shown within the Engineer’s Annual Report within the City of Modesto Shackelford Landscape and Lighting District for Fiscal Year 2025-26.
CED; Edgar Garcia, 209-577-5211, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2025-244 ordering the levy and collection of such charges as shown within the Engineer’s Annual Report within the City of Modesto Shackelford Landscape and Lighting District for Fiscal Year 2025-26.
Published in the Modesto Bee on May 25, 2025.
30. Hearing to consider approving the 2025-2030 Consolidated Plan, accepting HUD program funds awarded through the Program Year 2025-2026 Annual Action Plan and approving the Citizens Participation Plan as required by the U.S. Department of Housing and Urban Development Department (HUD). (Funding Source: Community Development Block Grant, HOME Investment Partnerships, and Emergency Solutions Grant Funds.)
Resolution approving the 2025-2030 Consolidated Plan, accepting HUD program funds awarded through the Program Year 2025-2026 Annual Action Plan as required by the U.S. Department of Housing and Urban Development Department (HUD) and authorizing the City Manager, or his designee, to negotiate and execute any related program agreements, contracts, or other documentation required for implementation of the 2025-2030 Consolidated Plan and Program Year 2025-2026 Annual Action Plan and authorization to submit applicable documentation and provide technical alterations, as required by HUD, incorporate comments received prior to the close of the public comment period, and to make the necessary steps to implement the provision of - 21 -
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this Resolution.
Resolution amending the Section 1 Policy – Citizen Participation Plan for HUD Programs of the Housing and Urban Development Policies and Procedures Manual as required by the U.S. Department of Housing and Urban Development Department (HUD).
CED; Edgar Garcia, 209-571-5101, [email protected] ACTION: (Escutia-Braaton/Alvarez; 7/0) Resolution 2025-245 approving the 2025- 2030 Consolidated Plan, accepting HUD program funds awarded through the Program Year 2025-2026 Annual Action Plan as required by the U.S. Department of Housing and Urban Development Department (HUD) and authorizing the City Manager, or his designee, to negotiate and execute any related program agreements, contracts, or other documentation required for implementation of the 2025-2030 Consolidated Plan and Program Year 2025-2026 Annual Action Plan and authorization to submit applicable documentation and provide technical alterations, as required by HUD, incorporate comments received prior to the close of the public comment period, and to make the necessary steps to implement the provision of this Resolution.
ACTION: (Escutia-Braaton/Alvarez; 7/0) Resolution 2025-246 amending the Section 1 Policy – Citizen Participation Plan for HUD Programs of the Housing and Urban Development Policies and Procedures Manual as required by the U.S.
Department of Housing and Urban Development Department (HUD).
Published in the Modesto Bee on May 21, 2025. - Item continued from June 10, 2025 Council meeting.
31. Hearing to consider approving an Amendment to the Modesto Urban Area General Plan to change the land use of approximately 70 acres from Business Park (BP) to Residential (R); approving the Founders Point East Specific Plan, for the development of 220 acres located northeast of the Pelandale Avenue and Tully Road Intersection; approving the filing of an application to the Stanislaus County Local Agency Formation Commission for the Founders Point East Reorganization to the City of Modesto; approving an Ordinance amending Section 5-3-9 of the Zoning Map of the City of Modesto to prezone The Founders Point East Specific Plan to the Specific Plan (P-SP) Zone; and adopting a Mitigated Negative Declaration for these actions (Fitzpatrick Land Development, LLC). (Funding Source: Application Fees) Resolution approving an amendment to the Land Use Element of the Modesto Urban Area General Plan to change the land use of approximately 70 acres from Business Park (BP) uses to Residential (R) uses (Fitzpatrick Land Development, LLC).
Resolution approving the Founders Point East Specific Plan, for the development of approximately 220 acres located north of Pelandale Avenue, south of Kiernan Avenue, east of Tully Road and west of the former Tidewater Railroad/future Virginia Trail Corridor (Fitzpatrick Land Development, LLC). Resolution approving the filing of an application to the Stanislaus County Local Agency Formation Commission for the Reorganization of approximately 220 acres located north of Pelandale Avenue, south of Kiernan Avenue, east of - 22 -
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Tully Road and west of the former Tidewater Railroad/future Virginia Trail Corridor, including rights of way on Pelandale Avenue, Kiernan Avenue and Tully Road for Annexation to the City of Modesto (Owner Initiated Uninhabited).
Resolution adopting a Mitigated Negative Declaration for the General Plan Amendment, Founders Point Specific Plan, Prezone and application for the reorganization of Founders Point East Specific Plan to the City of Modesto. Motion introducing and waiving the first reading of an Ordinance amending Section 5-3-9 of the Zoning Map of the City of Modesto to prezone to Specific Plan (P-SP) Zone for The Founders Point East Specific Plan, approximately 220 acres located north of Pelandale Avenue, south of Kiernan Avenue, east of Tully Road and west of the former Tidewater Railroad/Future Virginia Trail Corridor (Fitzpatrick Land Development, LLC).
CED; Katharine Martin, 209-577-5465, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2025-247 approving an amendment to the Land Use Element of the Modesto Urban Area General Plan to change the land use of approximately 70 acres from Business Park (BP) uses to Residential (R) uses (Fitzpatrick Land Development, LLC).
ACTION: (Williams/Ricci; 7/0) Resolution 2025-248 approving the Founders Point East Specific Plan, for the development of approximately 220 acres located north of Pelandale Avenue, south of Kiernan Avenue, east of Tully Road and west of the former Tidewater Railroad/future Virginia Trail Corridor (Fitzpatrick Land Development, LLC).
ACTION: (Williams/Alvarez; 7/0) Resolution 2025-249 approving the filing of an application to the Stanislaus County Local Agency Formation Commission for the Reorganization of approximately 220 acres located north of Pelandale Avenue, south of Kiernan Avenue, east of Tully Road and west of the former Tidewater Railroad/future Virginia Trail Corridor, including rights of way on Pelandale Avenue, Kiernan Avenue and Tully Road for Annexation to the City of Modesto (Owner Initiated Uninhabited).
ACTION: (Bavaro/Wright; 7/0) Resolution 2025-250 adopting a Mitigated Negative Declaration for the General Plan Amendment, Founders Point Specific Plan, Prezone and application for the reorganization of Founders Point East Specific Plan to the City of Modesto. (AS AMENDED)
ACTION: (Wright/Bavaro; 7/0) Motion introducing and waiving the first reading of an Ordinance 3798-C.S. amending Section 5-3-9 of the Zoning Map of the City of Modesto to prezone to Specific Plan (P-SP) Zone for The Founders Point East Specific Plan, approximately 220 acres located north of Pelandale Avenue, south of Kiernan Avenue, east of Tully Road and west of the former Tidewater Railroad/Future Virginia Trail Corridor (Fitzpatrick Land Development, LLC).
Published in the Modesto Bee on June 4, 2025.
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32. Hearing to consider approving a Precise Plan Amendment to Precise Plan No. 35 South to amend the Circulation Plan. (Funding Source: Developer Fees) Motion introducing and waiving the first reading of an Ordinance amending Precise Plan No. 35 South of the Village One Specific Plan to modify the Circulation Plan and adopting the 15162 analysis and CEQA exemption.
CED; Michael Hren, 209-577-5273, [email protected]
ACTION: (Wright/Ricci; 7/0) Motion introducing and waiving the first reading of an Ordinance 3799-C.S. amending Precise Plan No. 35 South of the Village One Specific Plan to modify the Circulation Plan and adopting the 15162 analysis and CEQA exemption.
NEW BUSINESS
33. Consider approving the Plans and Specifications for Dr. Martin Luther King, Jr. Park Renovation Project, accepting the Bid and Awarding a Construction Contract to Harris Builders, Inc. of Hilmar, CA., for a total payment amount not to exceed $11,875,792; consider approving an Agreement with TRC Engineering, Inc. of Lathrop, CA, for Construction Management and Inspection Services for a total amount not to exceed $1,042,319; and consider approving a First Amendment to the Agreement with Callander Associates Landscape Architecture, Inc. of Gold River, CA, increasing the Agreement amount by $20,000. (Funding Source: Various Funds) Resolution approving the approval of the Plans and Specifications for the Dr.
Martin Luther King, Jr. Park Renovation Project, accepting the Bid and Awarding a Construction Contract to Harris Builders, Inc., of Hilmar, CA, in the amount of $10,996,103, authorizing $879,689, in contingency (if needed), for a total payment amount not to exceed $11,875,792 and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution approving the Agreement with TRC Engineering, Inc, of Lathrop, CA, for Construction Management and Inspection Services for the Dr. Martin Luther King, Jr. Park Renovation Project in the amount of $947,563, plus $94,756 in additional services, if needed, for a total amount not to exceed $1,042,319 and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution approving a First Amendment to the Agreement with Callander Associates Landscape Architecture, Inc., of Gold River, CA, for additional Design Support during the Construction Phase of the Project for the Dr. Martin Luther King, Jr. Park Renovation Project, increasing the Agreement amount by $20,000, to a new total amount not to exceed $704,927, plus $68,492 in additional services, if needed, for a total amount not to exceed $773,419 and authorizing the City Manager, or his designee, to execute the Amendment.
ENGINEERING SERVICES; Nathan Houx, 209-571-5526, [email protected] ACTION: (Alvarez/Williams; 7/0) Resolution 2025-251 approving the approval of the Plans and Specifications for the Dr. Martin Luther King, Jr. Park Renovation Project, accepting the Bid and Awarding a Construction Contract to Harris Builders, - 24 -
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Inc., of Hilmar, CA, in the amount of $10,996,103, authorizing $879,689, in contingency (if needed), for a total payment amount not to exceed $11,875,792 and authorizing the City Manager, or his designee, to execute the Agreement.
ACTION: (Alvarez/Williams; 7/0) Resolution 2025-252 approving the Agreement with TRC Engineering, Inc, of Lathrop, CA, for Construction Management and Inspection Services for the Dr. Martin Luther King, Jr. Park Renovation Project in the amount of $947,563, plus $94,756 in additional services, if needed, for a total amount not to exceed $1,042,319 and authorizing the City Manager, or his designee, to execute the Agreement.
ACTION: (Alvarez/Williams; 7/0) Resolution 2025-253 approving a First Amendment to the Agreement with Callander Associates Landscape Architecture, Inc., of Gold River, CA, for additional Design Support during the Construction Phase of the Project for the Dr. Martin Luther King, Jr. Park Renovation Project, increasing the Agreement amount by $20,000, to a new total amount not to exceed $704,927, plus $68,492 in additional services, if needed, for a total amount not to exceed $773,419 and authorizing the City Manager, or his designee, to execute the Amendment.
MATTERS TOO LATE FOR THE AGENDA
None.
ADJOURNMENT
This meeting adjourned at 8:57 P.M.
Attest: ______________________________
Dana Sanchez, Assistant City Clerk
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All Closed Session Matters Heard Prior to the Meeting
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: City of Modesto, et al. v. The Dow Chemical Company, et al. (PCE)
Superior Court of the State of California
Case No: CGC-98-999345 and CGC-98-999643
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(a) of the Government Code) Name of case(s): Matthew Ponce v. City of Modesto
California Workers Compensation Appeals Board
Nos. ADJ16177617
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
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Pursuant to Section 54957 of the Government Code)
Title: City Manager
CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – Unrepresented Employee Negotiator: Mayor Sue Zwahlen
Unrepresented Employee: City Manager