- 1 -
7/22/2025 5:30:00 PM
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, July 22, 2025 at 5:30 PM
Special City Council – Closed Session Meeting 3:45 P.M.
Roll Call - Present: Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Mayor Zwahlen
Absent: Wright
Regular City Council Meeting 5:30 P.M.
Roll Call - Present: Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Mayor Zwahlen
Absent: Wright
Pledge of Allegiance to the Flag
Invocation: Mike Gunnarson, City Ministry Network
City Clerk’s Announcements: City Clerk announced Written comments for General Public Comment period and Hearing Item 30 were received and distributed to the Council.
Declaration of Conflicts of Interest: None.
Reports from Closed Session: No reportable action was taken.
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Proclamation declaring August 5th as National Night Out. (Funding Source: Not Applicable)
CITY COUNCIL; Breanna Griffin, 209-577-5421, [email protected] - 2 -
7/22/2025 5:30:00 PM
ACTION: Mayor Zwahlen presented proclamation declaring August 5th as National Night Out.
2. Proclamation declaring August 3rd - 9th as National Health Center Week 2025. (Funding Source: Not Applicable)
CITY COUNCIL; Breanna Griffin, 209-577-5421, [email protected] ACTION: Mayor Zwahlen presented proclamation declaring August 3rd - 9th as National Health Center Week 2025.
MISCELLANEOUS
3. Consider approving the appointment of Evan Yoshino as General Contractor and Douglas Higginbotham as Citizen-at-Large to the Housing Rehabilitation Loan Committee (HRLC), with a four-year term beginning in July 2025 with a term expiration of December 31, 2028. (Funding Source: Not Applicable) Staff Recommendation:
Resolution approving the appointment of Evan Yoshino as General Contractor and Douglas Higginbotham as the Citizen-at-Large to the Housing Rehabilitation Loan Committee (HLRC), with a term expiration of December 31, 2028.
CED; Edgar Garcia, 209-577-5211, [email protected] ACTION: (Escutia-Braaton/Williams; 6/0) Resolution 2025-254 approving the appointment of Evan Yoshino as General Contractor and Douglas Higginbotham as the Citizen-at-Large to the Housing Rehabilitation Loan Committee (HLRC), with a term expiration of December 31, 2028.
4. Consider approving the appointments of Jamie Reed and Carlos Verduzco to the City of Modesto Entertainment Commission with the terms ending December 31, 2027. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution approving the appointments of Jamie Reed and Carlos Verduzco to the City of Modesto Entertainment Commission with the terms ending December 31, 2027.
CED; Jessica Hill, 209-577-5321, [email protected]
ACTION: (Williams/Alvarez; 6/0) Resolution 2025-255 approving the appointments of Jamie Reed and Carlos Verduzco to the City of Modesto Entertainment Commission with the terms ending December 31, 2027.
5. Consider approving the appointment of Liberal “Lee” Avila to the City of Modesto Board of Zoning Adjustment with a term expiring December 31, 2028. (Funding Source: Not Applicable)
Staff Recommendation:
- 3 -
7/22/2025 5:30:00 PM
Resolution approving the appointment of Liberal "Lee" Avila to the City of Modesto Board of Zoning Adjustment with a first term expiring December 31, 2028
CED; Jessica Hill, 209-577-5267, [email protected]
ACTION: (Alvarez/Zwahlen; 6/0) Resolution 2025-256 approving the appointment of Liberal "Lee" Avila to the City of Modesto Board of Zoning Adjustment with a first term expiring December 31, 2028
6. Consider approving the appointments of Daley Perry, Rachell LeVeige and Diego Capistran to the Equity Commission for partial unexpired terms ending December 31, 2026. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution approving the appointments of Daley Perry, Rachell LeVeige and Diego Capistran to the Equity Commission for partial unexpired terms ending December 31, 2026.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] ACTION: (Escutia-Braaton/Ricci; 6/0) Resolution 2025-257 approving the appointments of Daley Perry, Rachell LeVeige and Diego Capistran to the Equity Commission for partial unexpired terms ending December 31, 2026.
7. Consider approving the appointments of Maria Hernandez, Melanie Webb, and Melissa Burgess to the Blight Abatement Advisory Committee for a four-year term with an expiration date of December 31, 2029. (Funding Source: Not Applicable) Staff Recommendation:
Resolution approving the appointments of Maria Hernandez, Melanie Webb, and Melissa Burgess to the Blight Abatement Advisory Committee for a fouryear term with an expiration date of December 31, 2029.
PUBLIC WORKS; Rosene Nguyen, 209-577-5453, [email protected] ACTION: (Ricci/Williams; 6/0) Resolution 2025-258 approving the appointments of Maria Hernandez, Melanie Webb, and Melissa Burgess to the Blight Abatement Advisory Committee for a four-year term with an expiration date of December 31, 2029.
PUBLIC COMMENT IN PERSON
Blake Wilson, a sustainability grad student, urged the Modesto Council to adopt clean transportation programs like those in Stockton and Fresno. He highlighted affordable EV and e-bike shares, mobility credits, and job training, encouraging the city to use state and federal funds for a more sustainable, equitable future. John Mataka, representing Valley Improvement Projects and the Grayson Neighborhood Council, spoke against Modesto’s mask Ordinance (§4-23.02) and urged the Council to repeal it and drop charges against seven arrested individuals. He - 4 -
7/22/2025 5:30:00 PM
compared the police's masked, unmarked tactics to ICE raids, which led Grayson to cancel its National Night Out. He warned of possible litigation over violations of protest rights and criticized the hypocrisy of masked officers arresting people for wearing masks.
Mohammed Rashid introduced himself as an advocate in Stanislaus County and attended the meeting to observe how the Council operates. He offered to be a resource and left his contact information with the Deputy City Manager. Nora Garcia, a Modesto resident, urged the Council to repeal the mask ban during protests and support an independent investigation into the June 14th arrests. She criticized the Police Department’s handling of the event, calling it biased and escalatory, and challenged the city's current oversight process as ineffective. Nora also condemned dismissive rhetoric about discrimination and emphasized the value of allyship and holding leadership accountable, regardless of ethnicity. Nora Garcia, a Modesto resident, urged the Council to repeal the mask ban during protests and support an independent investigation into the June 14th arrests. She criticized the Police Department’s handling of the event, calling it biased and escalatory, and challenged the city's current oversight process as ineffective. Nora also condemned dismissive rhetoric about discrimination and emphasized the value of allyship and holding leadership accountable, regardless of ethnicity.
Alejandra Ramirez asked the Council to prioritize installing a sidewalk on one side of her elderly, disabled parents' property in West Modesto. Despite recent roadwork, the area remains unpaved, posing serious safety risks. Although they’ve been added to the ADA list, there's no timeline for improvements, and Alejandra stressed the urgent need for action due to her parents' limited mobility.
Ken White expressed concern over the possible departure of the Modesto Nuts, emphasizing baseball's long-standing role in the City's history and its importance to local youth. He urged the Council to take action to keep professional baseball in Modesto, highlighting its cultural and community value. Danielle Morgan from Assemblyman Juan Alanis’s office provided a legislative update, noting that four of his bills (AB 16, 17, 310, and 528) are still moving through the process during the summer recess. She encouraged the Council to reach out with any questions.
Art Fabela spoke out against the proposed acquisition of his and 13 neighbors’ homes (Parcel C) for the West Modesto stadium project. Though initially supportive, he now opposes it due to the low proposed compensation, which he says wouldn’t cover a comparable home. He emphasized the unique value of his riverfront property and called for fair compensation if the City moves forward with the project. Steve spoke to the Council about his concerns regarding police conduct and Council oversight. He referenced a past personal incident involving a Councilmember and the - 5 -
7/22/2025 5:30:00 PM
Police Chief, criticized the handling of protest-related arrests, and requested that all charges be dropped, records cleared, and the mask Ordinance repealed. He also referenced a Councilmember’s comments about enforcement and urged full adoption of the coalition’s demands.
Teresa Gamboa, chair of the Woodland West Community and a Neighborhood Watch Coordinator, thanked City staff and Officials for their support in improving neighborhood safety. She praised a Councilmember for consistent involvement, acknowledged the efforts of the Police Department, Public Works, Parks and Recreation, and Economic Development Staff, and highlighted the positive impact of increased patrols and park upgrades. She invited everyone to attend her neighborhood’s National Night Out event.
Brian Evitt shared concerns about a personal burglary incident, stating that Modesto Police released the suspect and mishandled the situation, resulting in a denied insurance claim and his own arrest based on the suspect’s accusation. He criticized police training, the handling of foster care placements, and local practices around prescription drugs and marijuana dispensaries. He also raised issues with hospital policies and called for systemic changes in City operations. Harlan Diven addressed the Council regarding the June 14th arrests under the City's mask Ordinance, stating that the arrests targeted organizers, young people, and the unhoused during a protest. They called for the charges to be dropped, the Ordinance repealed, and an independent investigation into the Police Department’s actions, asserting that the current Police Review Board is insufficient. Manuela, representing the Central Valley BIPOC Coalition, called for the repeal of Modesto’s mask Ordinance, the dismissal of charges from the June 14th arrests, and an independent investigation into police conduct. She also criticized the City's spending priorities, advocating for investment in social services, healthcare, and environmental improvements instead of policing.
Julissa, representing the Central Valley BIPOC Coalition, called for the repeal of Modesto’s mask Ordinance and dismissal of charges from the June 14th protest arrests.
She emphasized ongoing health concerns related to COVID-19, criticized the Police for racial profiling and surveillance, and urged stronger oversight powers for the Community Police Review Board. She also demanded an end to targeted policing of marginalized groups and greater accountability for Police misconduct. Emerson Drake, a Modesto resident, criticized Councilmembers serving on StanCog for inaction and lack of accountability regarding financial mismanagement. He expressed concerns about targeted enforcement of the mask Ordinance, Police using masks while arresting protesters, and the City's handling of public participation. He urged the Council to take responsibility and better serve the community. Kevin McClarty urged the Council to use their authority to place the mask Ordinance repeal on the agenda for the next meeting, enabling a formal discussion and vote on the - 6 -
7/22/2025 5:30:00 PM
matter.
Madison Conde spoke in solidarity with the community, urging the repeal of the mask Ordinance. She criticized the Ordinance as oppressive, lacking evidence of improving safety, and targeting protesters exercising their First Amendment rights. She challenged Councilmembers to take a clear stand against the Ordinance and support the community.
A member of the public defended the Modesto Police Department’s enforcement of the mask Ordinance at protests, emphasizing the need for order, visibility, and surveillance to maintain public safety. They supported broad and vague laws to allow discretion in enforcement, including monitoring protests with cameras, drones, and social media.
The speaker framed these actions as necessary crowd management rather than censorship, praising the Police for prioritizing safety over anonymous or disruptive protest.
Leanne, a Modesto resident, urged the City Council to repeal the mask Ordinance that prohibits protesters from wearing masks, citing its use for Police intimidation and repression during a recent protest. She highlighted concerns from the ACLU and criticized the Council for lacking action and dismissing community demands. She called for increased accountability and oversight powers for the Community Police Review Board and emphasized that the Council must take responsibility and act to protect constitutional rights.
A member of the public expressed concern over the Modesto Police Department’s actions during the June 14th ICE Out protest, criticizing arrests made for wearing masks despite the protest being peaceful. They highlighted inconsistencies in Police enforcement and argued the arrests were aimed at silencing dissent rather than ensuring safety. The speaker called for repeal of the mask Ordinance, an independent investigation into Police misconduct, and dismissal of charges against those arrested.
They emphasized the Council’s responsibility to uphold constitutional rights and was disappointed in the lack of action on this issue.
Nick, a participant in the ICE Out protest and No Kings rally, spoke about wearing masks for health and protection against Police surveillance. He criticized the Police for escalating tensions, targeting vulnerable groups, and abusing the mask mandate to suppress dissent. Nick called for a non-biased community investigation and increased civilian oversight to hold Police accountable and prevent further abuses. Hortensia Flores, a public servant and immigrant, spoke about peaceful protests against Trump administration policies affecting immigration and civil rights. She highlighted that her community was targeted and faced discrimination during arrests at a recent protest, with detainees held for long hours over mask Ordinance violations. She urged the Council to take the situation seriously, consider the impact on families and children, and work collaboratively to make positive changes for all community members.
- 7 -
7/22/2025 5:30:00 PM
Leah Hassett spoke in support of repealing the mask Ordinance and investigating the June 14th incident. She witnessed arrests where officers wearing the same type of masks were arresting protesters, highlighting a double standard. She emphasized that charges against those arrested should be dropped. Leah compared the mask Ordinance to discriminatory voting laws that discourage people from exercising their rights. Will, a Modesto resident, spoke about witnessing an arrest at a recent protest. He felt the Police response was intimidating rather than de-escalating, which made him, and his girlfriend feel scared and almost leave. He emphasized that no one should be intimidated from exercising their right to protest.
Recess: 7:04 p.m.
Reconvened: 7:10 p.m.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS: 8, 10-21, 23, 26 (Alvarez/Bavaro; 6/0)
CONSENT
Consent
8. Consider approving the minutes for the June 24, 2025 Council Meeting. (Funding Source: Not Applicable)
Motion approving the minutes for the June 24, 2025 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Alvarez/Bavaro; 6/0) Motion approving the minutes for the June 24, 2025 Council Meeting.
Removed from Consent
9. Consider approving Final Adoption of 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). (Funding Source: Not Applicable)
Motion approving Final Adoption of Ordinance 3798-C.S. amending Section 5- 3-9 Of the Zoning Map of the City Of Modesto to Prezone to Specific Plan (PSp) 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).
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Williams/Escutia-Braaton; 6/0) Motion approving Final Adoption of Ordinance 3798-C.S. amending Section 5-3-9 Of the Zoning Map of the City Of - 8 -
7/22/2025 5:30:00 PM
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).
Consent
10. Consider approving Final Adoption of 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. (Funding Source: Not Applicable) Motion approving Final Adoption of 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.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Alvarez/Bavaro; 6/0) Motion approving Final Adoption of 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.
Consent
11. Consider approving Amendments to various Legal Services Agreements for continued representation in tort cases, police related matters and personnel matters. (Funding Source: General Liability Insurance Fund)
Resolution approving a Third Amendment to the Legal Services Agreement with Swingle, Van Egmond & Heitlinger increasing the Agreement amount by $100,000, for a total Agreement amount not to exceed $950,000 for continued representation in tort cases, and authorizing the City Manager or his designee, to execute the Amendment.
Resolution approving a Fourth Amendment to the Legal Services Agreement with Rivera Hewitt Paul, LLP in the amount of $150,000, for a total Agreement amount not to exceed $700,000, for continued representation in police litigation matters and authorizing the City Manager or his designee, to execute the Amendment.
Resolution approving a Second Amendment to the Legal Services Agreement with Angelo, Kilday and Kilduff in the amount of $200,000, for a total Agreement amount not to exceed $345,000 and increasing the hourly rates for continued representation in police litigation matters and authorizing the City Manager or his designee, to execute the Amendment.
Resolution approving a Fourth Amendment to the Legal Services Agreement with Sanders Roberts, LLP in the amount of $150,000, for a total Agreement amount not to exceed $695,000, for continued representation in personnel matters, and authorizing the City Manager, or his designee, to execute the Amendment.
CITY ATTORNEY; Jose Sanchez, 209-577-5288, [email protected] ACTION: (Alvarez/Bavaro; 6/0) Resolution 2025-259 approving a Third Amendment to the Legal Services Agreement with Swingle, Van Egmond & Heitlinger - 9 -
7/22/2025 5:30:00 PM
increasing the Agreement amount by $100,000, for a total Agreement amount not to exceed $950,000 for continued representation in tort cases, and authorizing the City Manager or his designee, to execute the Amendment.
ACTION: (Alvarez/Bavaro; 6/0) Resolution 2025-260 approving a Fourth Amendment to the Legal Services Agreement with Rivera Hewitt Paul, LLP in the amount of $150,000, for a total Agreement amount not to exceed $700,000, for continued representation in police litigation matters and authorizing the City Manager or his designee, to execute the Amendment.
ACTION: (Alvarez/Bavaro; 6/0) Resolution 2025-261 approving a Second Amendment to the Legal Services Agreement with Angelo, Kilday and Kilduff in the amount of $200,000, for a total Agreement amount not to exceed $345,000 and increasing the hourly rates for continued representation in police litigation matters and authorizing the City Manager or his designee, to execute the Amendment.
ACTION: (Alvarez/Bavaro; 6/0) Resolution 2025-262 approving a Fourth Amendment to the Legal Services Agreement with Sanders Roberts, LLP in the amount of $150,000, for a total Agreement amount not to exceed $695,000, for continued representation in personnel matters, and authorizing the City Manager, or his designee, to execute the Amendment.
Consent
12. 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; Kaceey Culbertson, 209-571-5855, [email protected] ACTION: (Alvarez/Bavaro; 6/0) Resolution 2025-263 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
13. Consider approving Annexation Map #1 to the City of Modesto Community Facilities District No. 2024-1 (Tivoli) and authorizing the levy of special tax on the property located within the annexation map (Funding Source: Developer Deposit) Resolution approving Annexation #1 to City of Modesto Community Facilities District No. 2024-1 (Tivoli) and authorizing the levy of the special tax on the property located within the annexation map.
CED; Edgar Garcia, 209-577-5211, [email protected] ACTION: (Alvarez/Bavaro; 6/0) Resolution 2025-264 approving Annexation #1 to - 10 -
7/22/2025 5:30:00 PM
City of Modesto Community Facilities District No. 2024-1 (Tivoli) and authorizing the levy of the special tax on the property located within the annexation map.
Consent
14. Consider approving a Tenth Amendment to the Professional Design Services Agreement for the State Route 132 West Freeway/Expressway - Phase 1 Project with Dokken Engineering, increasing the Agreement by $35,000. (Funding Source:
Regional Measure L)
Resolution approving a Tenth Amendment to the Professional Design Services Agreement for the State Route 132 West Freeway/Expressway - Phase 1 Project with Dokken Engineering, increasing the Agreement by $35,000 to a new total amount not to exceed $9,571,933.
ENGINEERING SERVICES; Toby Wells, 209-571-5542, [email protected] ACTION: (Alvarez/Bavaro; 6/0) Resolution 2025-265 approving a Tenth Amendment to the Professional Design Services Agreement for the State Route 132 West Freeway/Expressway - Phase 1 Project with Dokken Engineering, increasing the Agreement by $35,000 to a new total amount not to exceed $9,571,933.
Consent
15. Consider approving a Cost Sharing Agreement with the County of Stanislaus regarding reimbursement of costs related to the construction of Urban Pocket Area 9 – ColoradoRouse Project. (Funding Source: State Earmark Funds) Resolution approving a Cost Sharing Agreement with the County of Stanislaus regarding reimbursement of costs related to the construction of Urban Pocket Area 9 – Colorado-Rouse Project and authorizing the City Manager or his designee to execute the Agreement.
ENGINEERING SERVICES; Jaspreet Mangat, 209-577-5253,
[email protected]
ACTION: (Alvarez/Bavaro; 6/0) Resolution 2025-266 approving a Cost Sharing Agreement with the County of Stanislaus regarding reimbursement of costs related to the construction of Urban Pocket Area 9 – Colorado-Rouse Project and authorizing the City Manager or his designee to execute the Agreement.
Consent
16. Consider approving the Final Map and Subdivision Improvement Agreement (SIA) for the Tivoli Arcadia Unit 1 Subdivision consisting of roughly 18.74 acres located North of Sylvan on future Aria Way APN # 083-004-090. (Funding Source: Developer Fees) Resolution approving the Final Map for Tivoli Arcadia Unit 1 Subdivision, approving the Subdivision Improvement Agreement and authorizing the City Manager, or designee, to execute the Agreement with the owner, KB Home North Bay LLC and authorize the City Clerk to certify the Final Map and record with the Stanislaus County Recorder’s Office.
ENGINEERING SERVICES; Jaspreet Mangat, 209-577-5253,
[email protected]
- 11 -
7/22/2025 5:30:00 PM
ACTION: (Alvarez/Bavaro; 6/0) Resolution 2025-267 approving the Final Map for Tivoli Arcadia Unit 1 Subdivision, approving the Subdivision Improvement Agreement and authorizing the City Manager, or designee, to execute the Agreement with the owner, KB Home North Bay LLC and authorize the City Clerk to certify the Final Map and record with the Stanislaus County Recorder’s Office.
Consent
17. Consider approving the Final Map and Subdivision Improvement Agreement (SIA) for the Tivoli Snow Subdivision consisting of roughly 38.91 acres located Northeast corner of Aria Way and Sylvan Avenue APN # 083-004-068. (Funding Source:
Developer Fees)
Resolution approving the Final Map for Tivoli Snow Subdivision, approving the Subdivision Improvement Agreement and authorizing the City Manager, or his designee, to execute the Agreement with KB Home North Bay LLC, and authorize the City Clerk to certify the Final Map and record with the Stanislaus County Recorder’s office.
ENGINEERING SERVICES; Jaspreet Mangat, 209-577-5253,
[email protected]
ACTION: (Alvarez/Bavaro; 6/0) Resolution 2025-268 approving the Final Map for Tivoli Snow Subdivision, approving the Subdivision Improvement Agreement and authorizing the City Manager, or his designee, to execute the Agreement with KB Home North Bay LLC, and authorize the City Clerk to certify the Final Map and record with the Stanislaus County Recorder’s office.
Consent
18. Consider accepting an Informational Report for the May 2025 Accounts Payable Payment Register and Void Report (Funding Source: Not Applicable) Motion accepting an Informational Report for the May 2025 Accounts Payable Payment Register and Void Report.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Alvarez/Bavaro; 6/0) Motion accepting an Informational Report for the May 2025 Accounts Payable Payment Register and Void Report.
Consent
19. Consider accepting the Monthly Investment Report for April 2025 (Funding Source:
Various Funds)
Motion accepting the Monthly Investment Report for April 2025.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
ACTION: (Alvarez/Bavaro; 6/0) Motion accepting the Monthly Investment Report for April 2025.
- 12 -
7/22/2025 5:30:00 PM
Consent
20. Consider approving the purchase for three Fleet Additions for Fleet Vehicles which includes one Ravo 5-iSeries Compact Sweeper, one Boom Lift Genie Truck and one Ford F-550 Truck in a total amount not to exceed $694,008. (Funding Source: Measure H, Water Fund, and Sewer Fund)
Resolution approving the Competitive Bidding Process from Sourcewell to RAVO Holding BV, dba Fayat Environmental Solutions Americas Schwarze Industries, Inc., Fairfield, NJ under the authorized dealer, Municipal Maintenance Equipment, Sacramento, CA for the purchase of one Ravo 5- iSeries Compact Sweeper for an amount not to exceed $318,346; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any change orders not to exceed 15% of the total purchase price. Resolution approving the Competitive Bidding Process from Sourcewell to Caterpillar Inc., Deerfield, IL under the authorized dealer, Holt of CA, Salida, CA for the purchase of one Boom Lift Genie Truck for an amount not to exceed $181,500; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any change orders not to exceed 15% of the total purchase price. Resolution approving the Competitive Bidding Process from Sourcewell to Rush Enterprises dba Rush Truck Centers of New Braunfels, TX under the authorized dealer, Rush Medium-Duty Truck Centers of California Inc. dba Rush Truck Centers, Ceres, CA for the purchase of one Ford F-550 Truck for an amount not to exceed $103,639; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any change orders not to exceed 15% of the total purchase price.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] ACTION: (Alvarez/Bavaro; 6/0) Resolution 2025-269 approving the Competitive Bidding Process from Sourcewell to RAVO Holding BV, dba Fayat Environmental Solutions Americas Schwarze Industries, Inc., Fairfield, NJ under the authorized dealer, Municipal Maintenance Equipment, Sacramento, CA for the purchase of one Ravo 5-iSeries Compact Sweeper for an amount not to exceed $318,346; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any change orders not to exceed 15% of the total purchase price.
ACTION: (Alvarez/Bavaro; 6/0) Resolution 2025-270 approving the Competitive Bidding Process from Sourcewell to Caterpillar Inc., Deerfield, IL under the authorized dealer, Holt of CA, Salida, CA for the purchase of one Boom Lift Genie Truck for an amount not to exceed $181,500; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any change orders not to exceed 15% of the total purchase price. - 13 -
7/22/2025 5:30:00 PM
ACTION: (Alvarez/Bavaro; 6/0) Resolution 2025-271 approving the Competitive Bidding Process from Sourcewell to Rush Enterprises dba Rush Truck Centers of New Braunfels, TX under the authorized dealer, Rush Medium-Duty Truck Centers of California Inc. dba Rush Truck Centers, Ceres, CA for the purchase of one Ford F-550 Truck for an amount not to exceed $103,639; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any change orders not to exceed 15% of the total purchase price.
Consent
21. Consider approving an Agreement with RingCentral, Inc., for Annual Telecommunication Services for a total amount not to exceed $2,058,335 over five years. (Funding Source: Information Technology Fund)
Resolution approving the Agreement with RingCentral, Inc., Belmont, CA, by utilizing the Competitive Bid Process from Region 4 ESC in partnership with OMNIA Partners, for Annual Telecommunication Services, for a three-year Agreement with two one-year extension options, for annual estimated amount of $411,667 and a total amount not to exceed $2,058,335 over five years and authorizing the City Manager, or his designee, to execute the Agreement.
IT; Kyle Ford, 209-571-5593, [email protected]
ACTION: (Alvarez/Bavaro; 6/0) Resolution 2025-272 approving the Agreement with RingCentral, Inc., Belmont, CA, by utilizing the Competitive Bid Process from Region 4 ESC in partnership with OMNIA Partners, for Annual Telecommunication Services, for a three-year Agreement with two one-year extension options, for annual estimated amount of $411,667 and a total amount not to exceed $2,058,335 over five years and authorizing the City Manager, or his designee, to execute the Agreement.
Removed from Consent
22. Consider approving the First Amendment with Mather Aviation, LLC, Mather, CA, for Aircraft Maintenance and Repair Services increasing the Agreement amount by $427,776 and extending the term of the Agreement from September 30, 2026, to September 30, 2027. (Funding Source: Various Funds)
Resolution approving the First Amendment with Mather Aviation, LLC, for Aircraft Maintenance and Repair Services increasing the Agreement amount by $427,776, to a new estimated annual amount of $195,848, a new total amount not to exceed $587,544 through the term of the Agreement and extending the term of the Agreement from September 30, 2026, to September 30, 2027; and authorizing the City Manager, or his designee to execute the Amendment.
POLICE DEPARTMENT; Kalani Souza, 209-572-9500, [email protected] ACTION: (Ricci/Bavaro; 6/0) Resolution 2025-273 approving the First Amendment with Mather Aviation, LLC, for Aircraft Maintenance and Repair Services increasing the Agreement amount by $427,776, to a new estimated annual amount of $195,848, a new total amount not to exceed $587,544 through the term of the Agreement and extending the term of the Agreement from September 30, 2026, to September 30, 2027; - 14 -
7/22/2025 5:30:00 PM
and authorizing the City Manager, or his designee to execute the Amendment.
Consent
23. Consider approving the Memorandum of Understanding with Stanislaus County for Regional Solid Waste Disposal at Fink Road Landfill, with the term ending on June 30, 2035. (Funding Source: Various)
Resolution approving the Memorandum of Understanding with Stanislaus County for Regional Solid Waste Disposal at Fink Road Landfill, with the term ending on June 30, 2035, and authorizing the City Manager, or his designee, to execute the Agreement.
PUBLIC WORKS; Kolton Pacheco, 209-577-5493, [email protected] ACTION: (Alvarez/Bavaro; 6/0) Resolution 2025-274 approving the Memorandum of Understanding with Stanislaus County for Regional Solid Waste Disposal at Fink Road Landfill, with the term ending on June 30, 2035, and authorizing the City Manager, or his designee, to execute the Agreement.
Removed from Consent
24. Consider approving the Sole Source Procurement of a Caterpillar C27 Tier 4 Engine, or equivalent engine meeting Air Board regulations, to Holt of California, Sacramento, CA for an amount not to exceed $271,720. (Funding Source: Compost Operations Fund)
Resolution approving the Sole Source Procurement of a Caterpillar C27 Tier 4 Engine, or equivalent engine meeting Air Board regulations, to Holt of California, Sacramento, CA for an amount not to exceed $271,720 including a 15% contingency for the repower of the Compost Diamond Z DZH5000 Horizontal, and authorizing the Director of Finance, or her designee, to issue the Purchase Order.
PUBLIC WORKS; Patrick Crowley, 209-342-2274, [email protected] ACTION: (Bavaro/Alvarez; 6/0) Resolution 2025-275 approving the Sole Source Procurement of a Caterpillar C27 Tier 4 Engine, or equivalent engine meeting Air Board regulations, to Holt of California, Sacramento, CA for an amount not to exceed $271,720 including a 15% contingency for the repower of the Compost Diamond Z DZH5000 Horizontal, and authorizing the Director of Finance, or her designee, to issue the Purchase Order.
Removed from Consent
25. Consider approving an Engineering Services Agreement with West Yost Associates, of Davis, CA for the Salida Community Plan Water Supply Assessment and Water System Evaluation in a total Agreement amount not to exceed $102,410 and entering into a Memorandum of Understanding with Stanislaus County. (Funding Source: Water Fund)
Resolution approving an Engineering Services Agreement with West Yost Associates, of Davis, CA for the Salida Community Plan Water Supply Assessment and Water System Evaluation in the amount of $93,100, plus - 15 -
7/22/2025 5:30:00 PM
$9,310 in additional services, if needed, for a total Agreement amount not to exceed $102,410 and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution approving entering into a Memorandum of Understanding with Stanislaus County regarding reimbursement of costs related to the Salida Community Plan Water Supply Assessment and Water System Evaluation and authorizing the City Manager, or his designee, to execute the Agreement. Resolution approving an amendment to the Fiscal Year 2025-26 Multi-Year Program Budget in the amount of $112,410 from Water Fund Reserves to fund the Salida Community Plan Water Supply Assessment and Water System Evaluation and authorizing the City Manager, or his designee, to implement the provisions of the Resolution.
UTILITIES; Jim Alves, 209-571-5557, [email protected] ACTION: (Williams/Escutia-Braaton; 6/0) Resolution 2025-276 approving an Engineering Services Agreement with West Yost Associates, of Davis, CA for the Salida Community Plan Water Supply Assessment and Water System Evaluation in the amount of $93,100, plus $9,310 in additional services, if needed, for a total Agreement amount not to exceed $102,410 and authorizing the City Manager, or his designee, to execute the Agreement.
ACTION: (Williams/Escutia-Braaton; 6/0) Resolution 2025-277 approving entering into a Memorandum of Understanding with Stanislaus County regarding reimbursement of costs related to the Salida Community Plan Water Supply Assessment and Water System Evaluation and authorizing the City Manager, or his designee, to execute the Agreement.
ACTION: (Williams/Escutia-Braaton; 6/0) Resolution 2025-278 approving an amendment to the Fiscal Year 2025-26 Multi-Year Program Budget in the amount of $112,410 from Water Fund Reserves to fund the Salida Community Plan Water Supply Assessment and Water System Evaluation and authorizing the City Manager, or his designee, to implement the provisions of the Resolution.
Consent
26. Consider approving the Final Initial Study/Mitigated Negative Declaration for the Stanislaus Elementary School 1,2,3-TCP Mitigation Project in accordance with the California Environmental Quality Act. (Funding Source: Water Fund) Resolution approving the Final Initial Study/Mitigated Negative Declaration for the Stanislaus Elementary School 1,2,3-TCP Mitigation Project in accordance with the California Environmental Quality Act.
UTILITIES; Jim Alves, 209-571-5557, [email protected] ACTION: (Alvarez/Bavaro; 6/0) Resolution 2025-279 approving the Final Initial Study/Mitigated Negative Declaration for the Stanislaus Elementary School 1,2,3-TCP Mitigation Project in accordance with the California Environmental Quality Act. - 16 -
7/22/2025 5:30:00 PM
COUNCIL COMMENTS & REPORTS
Councilmember Ricci expressed that while he does not support actions violating civil rights, he urges thoughtful, deliberate decision-making rather than reactive measures regarding the mask Ordinance. He acknowledges the Ordinance was passed hastily in 2019 and supports using the existing Civilian Police Review Board to address concerns, believing it to be the best way to resolve the issue.
Councilmember Escutia-Braaton reported that this year’s 4th of July saw a 31% decrease in Fire Department calls and a 43% reduction in vegetation fire responses, likely due to increased fines for illegal fireworks and stronger enforcement by Police and Firefighters.
Despite fewer fireworks, more citations were issued thanks to improved equipment. She also highlighted upcoming school supply drives in her district to support students returning to school, encouraging community donations and participation.
Councilmember Williams expressed gratitude to the community for coming out to celebrate the 4th of July with about 30,000 attendees enjoying family and youth-focused events. He thanked the Stanislaus Latino Chamber of Commerce for supporting the Kiwanis parade and highlighted the successful Stanislaus County Fair, emphasizing the importance of community and togetherness amid challenging times.
Mayor Zwahlen highlighted attending the Modesto Police Department graduation ceremony on July 2nd with Councilmember Escutia-Braaton and a promotional event for local employees. She also noted the groundbreaking of the long-planned North County corridor project on July 8th, which will improve and widen roads for better safety.
Additionally, she acknowledged the successful Stanislaus County Fair, organized in part by Councilmember Williams, as a great community event.
CITY MANAGER COMMENTS & REPORTS
None.
UNFINISHED BUSINESS
27. Consider approving the Plans and Specifications for the Rebid Virginia Corridor Phase 7 Project, accepting the Bid and Awarding a Construction Contract to Andrew M Jordan Inc. dba A & B Construction of Oakland, CA, in the amount not to exceed $9,243,933 and consider approving an Agreement with TRC Engineering, Inc. of Rancho Cordova, CA, for Construction Management and Inspection Services for a total amount not to exceed $878,087 (Funding Source: Various Funds) Resolution approving the Plans and Specifications for the Rebid Virginia Corridor Phase 7 Project, accepting the Bid and Awarding a Construction Contract to Andrew M. Jordan Inc. dba A & B Construction of Oakland, CA, in the amount of $8,559,197, authorizing $684,736 for contingency (if needed), for a total payment amount not to exceed $9,243,933, and authorizing the City - 17 -
7/22/2025 5:30:00 PM
Manager, or his designee, to execute the Agreement.
Resolution approving the Agreement with TRC Engineering, Inc, of Rancho Cordova, CA, for Construction Management and Inspection Services for the Virginia Corridor Phase 7 Project in the amount of $798,261, plus $79,826 in additional services, if needed, for a total amount not to exceed $878,087 and authorizing the City Manager, or his designee, to execute the Agreement. Resolution amending the Fiscal Year 2025-26 Capital Improvement Program budget to fund Project #100813 (Virginia Corridor Ph 7) in an amount not to exceed $1,136,525 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.
Resolution amending the Fiscal Year 2025-26 Measure H Spending Plan to appropriate funding to Capital Improvement Program budget to fund Project #100813 (Virginia Corridor Ph 7) in an amount not to exceed $276,532 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: (Williams/Ricci; 6/0) Resolution 2025-280 approving the Plans and Specifications for the Rebid Virginia Corridor Phase 7 Project, accepting the Bid and Awarding a Construction Contract to Andrew M. Jordan Inc. dba A & B Construction of Oakland, CA, in the amount of $8,559,197, authorizing $684,736 for contingency (if needed), for a total payment amount not to exceed $9,243,933, and authorizing the City Manager, or his designee, to execute the Agreement.
ACTION: (Williams/Ricci; 6/0) Resolution 2025-281 approving the Agreement with TRC Engineering, Inc, of Rancho Cordova, CA, for Construction Management and Inspection Services for the Virginia Corridor Phase 7 Project in the amount of $798,261, plus $79,826 in additional services, if needed, for a total amount not to exceed $878,087 and authorizing the City Manager, or his designee, to execute the Agreement.
ACTION: (Williams/Ricci; 6/0) Resolution 2025-282 amending the Fiscal Year 2025-26 Capital Improvement Program budget to fund Project #100813 (Virginia Corridor Ph 7) in an amount not to exceed $1,136,525 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.
ACTION: (Williams/Ricci; 6/0) Resolution 2025-283 amending the Fiscal Year 2025-26 Measure H Spending Plan to appropriate funding to Capital Improvement Program budget to fund Project #100813 (Virginia Corridor Ph 7) in an amount not to exceed $276,532 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.
- 18 -
7/22/2025 5:30:00 PM
HEARINGS
Published in the Modesto Bee on July 11, 2025.
28. Hearing to consider establishing City of Modesto Community Facilities District (CFD) No. 2025-2 (Village One Triangle), authorizing the levy of special taxes therein, calling a special election; declaring the results of the July 22, 2025, special election, and approving the Subdivision Improvement Agreement (SIA) and Final Map of The Crossings Phase I Subdivision of roughly 29.94 acres consisting of 164 residential lots, two landscape lots, and one park lot located east of Claus Road and north of East Briggsmore Avenue APN # 014-026-017. (Funding Source: Developer Fees) Resolution declaring the formation of the City of Modesto Community Facilities District No. 2025-2 (Village One Triangle), conditionally authorizing the levy of special taxes therein, and conditionally establishing an annual appropriations limit of $12,400,000.
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. 2025-2 (Village One Triangle), calling for a special election. Resolution declaring the results of July 22, 2025, special election and approving certain related actions pertaining to City of Modesto Community Facilities District No. 2025-2 (Village One Triangle).
Motion introducing an ordinance authorizing the levy of special taxes within the City of Modesto held within City of Modesto Community Facilities District No. 2025-2 (Village One Triangle).
Resolution approving the Final Map and Subdivision Improvement Agreement for The Crossings Phase I subdivision, and authorizing the City Manager, or designee, to execute the Subdivision Improvement Agreement with the Owner, D.R. Horton Bay Inc., a Delaware Corporation, and authorizing the City Clerk to certify the Final Map and record with the Stanislaus County Recorder’s Office.
CED; Edgar Garcia, 209-577-5211, [email protected] ACTION: (Escutia-Braaton/Williams; 6/0) Resolution 2025-284 declaring the formation of the City of Modesto Community Facilities District No. 2025-2 (Village One Triangle), conditionally authorizing the levy of special taxes therein, and conditionally establishing an annual appropriations limit of $12,400,000.
ACTION: (Williams/Ricci; 6/0) Resolution 2025-285 of the City Council of the City of Modesto, California, acting as the legislative body of the City of Modesto Community Facilities District No. 2025-2 (Village One Triangle), calling for a special election.
ACTION: (Alvarez/Williams; 6/0) Resolution 2025-286 declaring the results of July 22, 2025, special election and approving certain related actions pertaining to City of Modesto Community Facilities District No. 2025-2 (Village One Triangle). - 19 -
7/22/2025 5:30:00 PM
ACTION: (Williams/Escutia-Braaton; 6/0) Motion introducing an Ordinance 3800- C.S. authorizing the levy of special taxes within the City of Modesto held within City of Modesto Community Facilities District No. 2025-2 (Village One Triangle).
ACTION: (Williams/Alvarez; 6/0) Resolution 2025-287 approving the Final Map and Subdivision Improvement Agreement for The Crossings Phase I subdivision, and authorizing the City Manager, or designee, to execute the Subdivision Improvement Agreement with the Owner, D.R. Horton Bay Inc., a Delaware Corporation, and authorizing the City Clerk to certify the Final Map and record with the Stanislaus County Recorder’s Office.
Published in the Modesto Bee on July 11, 2025.
29. Hearing to consider approving the issuance of Bonds by the California Statewide Communities Development Authority (CSCDA) for the benefit of Kaiser Permanente (the “Borrower”) an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, to provide for the financing of the Project, for the purposes of satisfying the requirements of the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA), the Internal Revenue Code and California Government Code Section 6500, et seq. (Funding Source: Not Applicable)
Resolution approving the issuance of California Statewide Communities Development Authority Kaiser Permanente Revenue Bonds in one or more Series from time to time pursuant to a plan of finance in an aggregate principal amount not to exceed $880,000,000 for the purpose of financing or refinancing the acquisition, construction, improvement, equipping, renovation, rehabilitation, remodeling and other capital projects of certain health facilities and certain other matters relating thereto.
FINANCE DEPARTMENT; DeAnna Christensen, 209-577-5387,
[email protected]
ACTION: (Bavaro/Williams; 6/0) Resolution 2025-288 approving the issuance of California Statewide Communities Development Authority Kaiser Permanente Revenue Bonds in one or more Series from time to time pursuant to a plan of finance in an aggregate principal amount not to exceed $880,000,000 for the purpose of financing or refinancing the acquisition, construction, improvement, equipping, renovation, rehabilitation, remodeling and other capital projects of certain health facilities and certain other matters relating thereto.
Published in the Modesto Bee on July 11, 2025.
30. Hearing to consider an Ordinance amending Title 10 of the Modesto Municipal Code to add Chapter 3, Article 8, “Smoke Shops,” and amending Title 4 of the Modesto Municipal Code to add Chapter 24, Smoke Shops,” establishing regulations and requirements for Smoke Shops, including permitting and enforcement, within the City and a resolution to adopt the application fee, annual permit fee, and re-inspection fee for the Smoke Shop Permit Program. (Funding Source: General Fund) Motion introducing and waiving the first reading of an ordinance amending - 20 -
7/22/2025 5:30:00 PM
Title 10 of the Modesto Municipal Code to add Chapter 3, Article 8, “Smoke Shops,” and amending Title 4 of the Modesto Municipal Code to add Chapter 24, Smoke Shops,” establishing regulations and requirements for Smoke Shops, including permitting and enforcement, within the City.
Resolution adopting the application fee, annual permit fee, and re-inspection fee for the Smoke Shop Permit Program.
CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected] ACTION: (Ricci/Bavaro; 6/0) Motion introducing and waiving the first reading of an Ordinance 3801-C.S. amending Title 10 of the Modesto Municipal Code to add Chapter 3, Article 8, “Smoke Shops,” and amending Title 4 of the Modesto Municipal Code to add Chapter 24, Smoke Shops,” establishing regulations and requirements for Smoke Shops, including permitting and enforcement, within the City.
ACTION: (Bavaro/Ricci; 6/0) Resolution 2025-289 adopting the application fee, annual permit fee, and re-inspection fee for the Smoke Shop Permit Program.
MATTERS TOO LATE FOR THE AGENDA
None.
ADJOURNMENT
This meeting adjourned at 10:39 p.m.
Attest:____________________________
Diane Nayares-Perez, City Clerk
- 1 -
7/22/2025 5:30:00 PM
All Closed Session Matters Heard Prior to the Meeting
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Three Cases (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: Michael Karsner v. City of Modesto, et al.
Superior Court of California, County of Stanislaus
Case No.: CV-23-000684
Joshua & Sylvia Vasquez v. City of Modesto, et al.
Superior Court of California, County of Stanislaus
Case No.: CV-23-000477
Carmen Pina & Fatima Ordaz v. City of Modesto, et al.
Superior Court of California, County of Stanislaus
Case No.: CV-21-006540
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