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MODESTO CITY COUNCIL
www.modestogov.com
MINUTES
City of Modesto
CITY COUNCIL MEETING
Chambers, Basement Level
Tenth Street Place, 1010 10th Street
Modesto, California
Tuesday, February 24, 2026 at 5:30 PM
Special City Council/Redevelopment Successor Agency – Closed Session Meeting 4:30 p.m.
Roll Call: Present: Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
Absent: None
Declaration of Conflicts of Interest: Councilmember Alvarez recused himself on the Closed Session item that pertains to the real property negotiation.
Regular City Council Meeting 5:30 p.m.
Roll Call: Present: Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
Absent: None
Pledge of Allegiance to the Flag
Invocation: Father Brian Dawson, St. Paul’s Episcopal Church City Clerk’s Announcements: None.
Declaration of Conflicts of Interest: Item 7 and 15 – Vice-Mayor Williams recused due to location of project to Real Property Interest. Item 10 - Councilmember Alvarez recused due to prior employment.
Reports from Closed Session: No Reportable Action.
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MISCELLANEOUS
1. Consider accepting the resignation of Abimael Chavez-Hernandez from the Citizens’ Salary Setting Commission and approving the appointment of Seth Simas to the Citizens’ Salary Setting Commission to serve a partial unexpired term expiring on December 31, 2028. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution accepting the resignation of Abimael Chavez-Hernandez from the Citizens’ Salary Setting Commission.
Resolution appointing Seth Simas to serve an unexpired partial term with an expiration of December 31, 2028 to serve on the Citizens’ Salary Setting Commission.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Escutia-Braaton/Williams; 7/0) Resolution 2026-039 accepting the resignation of Abimael Chavez-Hernandez from the Citizens’ Salary Setting Commission.
ACTION: (Escutia-Braaton/Williams; 7/0) Resolution 2026-040 appointing Seth Simas to serve an unexpired partial term with an expiration of December 31, 2028 to serve on the Citizens’ Salary Setting Commission.
2. Consider approving the appointment of Margie Johnson as the Citizen’s Housing and Community Development Committee (CH&CDC) Representative to the Housing Rehabilitation Loan Committee (HRLC), with a term expiration of December 31, 2026. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution approving the appointment of Margie Johnson to the Housing Rehabilitation Loan Committee as a Citizen’s Housing and Community Development (CH&CDC) Representative with a term expiration of December 31, 2026.
CED; Edgar Garcia, 209-571-5101, [email protected] ACTION: (Alvarez/Wright; 7/0) Resolution 2026-041 approving the appointment of Margie Johnson to the Housing Rehabilitation Loan Committee as a Citizen’s Housing and Community Development (CH&CDC) Representative with a term expiration of December 31, 2026.
PUBLIC COMMENT PERIOD
Lucas S. urged the Mayor and Council to address rising vandalism, including graffiti and property damage, saying it harms safety and neighborhood pride. He called for stronger enforcement, better lighting, faster cleanup, and community partnerships, and asked what actions the City is taking.
Sebastian Jones suggested the City consider investing in drones for public safety - 3 -
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instead of relying on its noisy airplane. After seeing drone programs in other cities, he said drones could respond quickly to 911 calls, monitor crowds, provide night vision recording, and potentially reduce costs. He encouraged the Council to review the plane’s expenses and explore using drones as a more efficient, future-focused alternative.
Derek Castle, speaking for local neighborhood and running groups, urged the Council to address dangerous e-bike speeds on the Dry Creek and Virginia Corridor trails. He shared examples of two community members who were seriously injured after being struck by speeding cyclists. While supportive of e-bikes, he asked the City to adopt an Ordinance similar to Oakland’s, limiting bikes to 5 mph when passing pedestrians, saying it would be a simple, low-cost way to improve safety and prevent further injuries.
Written General Public Comments Received. (Funding Source: Not Applicable) CITY CLERK; City Clerk, 209-577-5396, [email protected] CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS: 1-6, 8-9, 11-14 (Wright/Alvarez; 7/0)
CONSENT
Consent
3. Consider approving the Minutes for the February 10, 2026 Council Meeting. (Funding Source: Not Applicable)
Motion approving the Minutes for the February 10, 2026 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Alvarez; 7/0) Motion approving the Minutes for the February 10, 2026 Council Meeting.
Consent
4. Consider approving Final Adoption of Ordinance 3806-C.S. approving Tivoli Specific Plan Amendment No. 6 to Amend the Chapter 3 Street Hierarchy Diagram to change the classification of Oakdale Road and Claratina Avenue from six lane arterial streets to four lane arterial streets, and to amend text in Chapter 9 relative to specific plan administration, and to reaffirm prior major amendments to the Tivoli Specific Plan adopted by City Council Resolution. (Funding Source: Not Applicable) Motion approving Final Adoption of Ordinance 3806-C.S. approving Tivoli Specific Plan Amendment No. 6 to Amend the Chapter 3 Street Hierarchy Diagram to change the classification of Oakdale Road and Claratina Avenue from six lane arterial streets to four lane arterial streets, and to amend text in Chapter 9 relative to specific plan administration, and to reaffirm prior major amendments to the Tivoli Specific Plan adopted by City Council Resolution.
CITY CLERK; Diane Nayares-Perez, 209-577-5397, [email protected] - 4 -
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ACTION: (Wright/Alvarez; 7/0) Motion approving Final Adoption of Ordinance 3806-C.S. approving Tivoli Specific Plan Amendment No. 6 to Amend the Chapter 3 Street Hierarchy Diagram to change the classification of Oakdale Road and Claratina Avenue from six lane arterial streets to four lane arterial streets, and to amend text in Chapter 9 relative to specific plan administration, and to reaffirm prior major amendments to the Tivoli Specific Plan adopted by City Council Resolution.
Consent
5. Consider approving the sale of 10,000 square feet of surplus exempt property identified as Assessor’s Parcel Number 133-001-026 located at Frazine Rd. in the amount of $75,000, and the sale of 2,474 square feet of surplus exempt property identified as Assessor’s Parcel Number 029-012-050 located at Carpenter Rd. in the amount of $10,000. (Funding Source: Water Fund)
Resolution approving the sale of 10,000 square feet of surplus exempt property identified as Assessor’s Parcel Number 133-001-026, located at Frazine Rd. in the amount of $75,000 to Troy Nolan Wells and authorizing the City Manager, or his designee, to execute the Purchase and Sale Agreement and all related documents required to complete the transaction.
Resolution approving the sale of 2,474 square feet of surplus exempt property identified as Assessor’s Parcel Number 029-012-050 located at Carpenter Rd. in the amount of $10,000 to Jason Schlarb and authorizing the City Manager, or his designee, to execute the Purchase and Sale Agreement and all related documents required to complete the transaction.
CITY MANAGER; Scotty Douglass, 209-577-9149, [email protected] ACTION: (Wright/Alvarez; 7/0) Resolution 2026-042 approving the sale of 10,000 square feet of surplus exempt property identified as Assessor’s Parcel Number 133- 001-026, located at Frazine Rd. in the amount of $75,000 to Troy Nolan Wells and authorizing the City Manager, or his designee, to execute the Purchase and Sale Agreement and all related documents required to complete the transaction.
ACTION: (Wright/Alvarez; 7/0) Resolution 2026-043 approving the sale of 2,474 square feet of surplus exempt property identified as Assessor’s Parcel Number 029- 012-050 located at Carpenter Rd. in the amount of $10,000 to Jason Schlarb and authorizing the City Manager, or his designee, to execute the Purchase and Sale Agreement and all related documents required to complete the transaction.
Consent
6. Consider approving the Fiscal Year 2024-25 Write-off and Adjustment Reports through Fiscal Year-End June 30, 2025, in the total amount of $113,621. (Funding Source: Various Funds)
Resolution approving the Fiscal Year 2024-25 Write-off and Adjustments Report through Fiscal Year-End June 30, 2025 in the total amount of $113,621 and directing a report of disposition to be filed with the City Clerk.
CED; Edgar Garcia, 209-571-5101, [email protected] - 5 -
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ACTION: (Wright/Alvarez; 7/0) Resolution 2026-044 approving the Fiscal Year 2024-25 Write-off and Adjustments Report through Fiscal Year-End June 30, 2025 in the total amount of $113,621 and directing a report of disposition to be filed with the City Clerk.
Removed from Consent
7. Consider approving a Second Amendment with Kosmont Companies to expand the scope of services to include fiscal and economic impact analysis, market and financial feasibility review, public funding and financing advisory, and negotiation support related to a proposed sports and multi-use development project. (Funding Source:
American Rescue Plan Act (ARPA) Funds)
Resolution approving a Second Amendment with Kosmont Companies to expand the scope of services to include fiscal and economic impact analysis, market and financial feasibility review, public funding and financing advisory, and negotiation support related to a proposed sports and multi-use development project, and authorizing the City Manager, or designee, to execute the Second Amendment.
CED; Taranjot Khehra, 209-577-5239, [email protected] ACTION: (Bavaro/Wright; 6/0; Williams Recused) Resolution 2026-045 approving a Second Amendment with Kosmont Companies to expand the scope of services to include fiscal and economic impact analysis, market and financial feasibility review, public funding and financing advisory, and negotiation support related to a proposed sports and multi-use development project, and authorizing the City Manager, or designee, to execute the Second Amendment.
Consent
8. Consider granting two non-exclusive easements to Modesto Irrigation District for electrical utility access on a portion of César E. Chávez Park (APN 103-018-001). (Funding Source: Not Applicable)
Resolution approving two non-exclusive easements to Modesto Irrigation District for electrical utility access on a portion of César E. Chavez Park (APN 103-018-001) and authorizing the City Manager, or his designee, to execute the easements.
ENGINEERING SERVICES; Nathan Houx, 209-571-5526, [email protected] ACTION: (Wright/Alvarez; 7/0) Resolution 2026-046 approving two non-exclusive easements to Modesto Irrigation District for electrical utility access on a portion of César E. Chavez Park (APN 103-018-001) and authorizing the City Manager, or his designee, to execute the easements.
Consent
9. Consider dedication and acceptance of a Public Utility Easement and Irrigation Easement on City-owned parcel (APN 085-003-093) near the northwest corner of Briggsmore Avenue and Claus Road. (Funding Source: Not Applicable) Resolution approving the dedication and acceptance of a Public Utility - 6 -
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Easement and Irrigation Easement on City-owned property (Assessor’s Parcel Number 085-003-093) near the northwest corner of Briggsmore Avenue and Claus Road, and authorizing the City Manager, or his designee, to execute and record the necessary documents.
ENGINEERING SERVICES; Jaspreet Mangat, 209-577-5253,
[email protected]
ACTION: (Wright/Alvarez; 7/0) Resolution 2026-047 approving the dedication and acceptance of a Public Utility Easement and Irrigation Easement on City-owned property (Assessor’s Parcel Number 085-003-093) near the northwest corner of Briggsmore Avenue and Claus Road, and authorizing the City Manager, or his designee, to execute and record the necessary documents.
Removed from Consent
10. Consider approving an additional payment of $70,150 for a total amount not to exceed $350,872 to Pacific Gas & Electric for Relocation of Gas Line Infrastructure for the State Route 132 Phase 1 Project. (Funding Source: Capital Facility Fees) Resolution approving an additional payment of $70,150 for a total amount not to exceed $350,872 to Pacific Gas & Electric for Relocation of Gas Line Infrastructure for the State Route 132 Phase 1 Project.
ENGINEERING SERVICES; Toby Wells, 209-571-5542, [email protected] ACTION: (Wright/Escutia-Braaton; 6/0; Alvarez Recused) Resolution 2026-048 approving an additional payment of $70,150 for a total amount not to exceed $350,872 to Pacific Gas & Electric for Relocation of Gas Line Infrastructure for the State Route 132 Phase 1 Project.
Consent
11. Consider an Agreement for the furnishing of City-Wide Shredding Services to Pacific Storage Company, Modesto, CA for a total amount not to exceed $165,000 over five years. (Funding Source: Various Funds)
Resolution approving the Award of Bid and Agreement for City-Wide Shredding Services to Pacific Storage Company, Modesto, CA for a two-year agreement with three one-year extension options, for an estimated annual amount of $33,000 and a total amount not to exceed $165,000 over five years; and authorizing the City Manager or his designee, to execute the Agreement.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] ACTION: (Wright/Alvarez; 7/0) Resolution 2026-049 approving the Award of Bid and Agreement for City-Wide Shredding Services to Pacific Storage Company, Modesto, CA for a two-year agreement with three one-year extension options, for an estimated annual amount of $33,000 and a total amount not to exceed $165,000 over five years; and authorizing the City Manager or his designee, to execute the Agreement.
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Consent
12. Consider approving the use of proceeds, credits, or reimbursements, from the sale or recycling of expended brass shell casings, with any vendor providing such services, including the existing credit of $16,990 with Miwall Corporation, Grass Valley, CA, to be applied toward the purchase of new ammunition for the Modesto Police Department. (Funding Source: Not Applicable)
Resolution approving the use of proceeds, credits, or reimbursements, from the sale or recycling of expended brass shell casings, with any vendor providing such services, including the existing credit of $16,990 with Miwall Corporation, Grass Valley, CA, to be applied toward the purchase of new ammunition for the Modesto Police Department.
POLICE DEPARTMENT; Jessica Nicholson, 209-572-9500,
[email protected]
ACTION: (Wright/Alvarez; 7/0) Resolution 2026-050 approving the use of proceeds, credits, or reimbursements, from the sale or recycling of expended brass shell casings, with any vendor providing such services, including the existing credit of $16,990 with Miwall Corporation, Grass Valley, CA, to be applied toward the purchase of new ammunition for the Modesto Police Department.
Consent
13. Consider approving the Purchasing Agreement for the purchase of Transmission Parts and Repair Services with AG Transmission Repair, Oakdale, CA, Valley Transmission, Modesto, CA and Mello Transmission Company, Inc., Modesto, CA for a total amount not to exceed $750,000 over five years. (Funding Source: Fleet Fund, Outside Service Agreements)
Resolution approving the Purchasing Agreements with AG Transmission Repair, Oakdale, CA, Valley Transmission, Modesto, CA and Mello Transmission Company, Inc., Modesto, CA for Transmission Parts and Repair Services for a two-year Agreement with three one-year extension options, for an estimated annual amount of $150,000 and a total amount not to exceed $750,000 over five years; and authorizing the Director of Finance to adjust agreement totals between agreements and department’s needs, ensuring the combined total amount does not change; and authorizing the City Manager, or his designee, to execute the Agreements.
PUBLIC WORKS; Gabe daSilva, 209-342-2281, [email protected] ACTION: (Wright/Alvarez; 7/0) Resolution 2026-051 approving the Purchasing Agreements with AG Transmission Repair, Oakdale, CA, Valley Transmission, Modesto, CA and Mello Transmission Company, Inc., Modesto, CA for Transmission Parts and Repair Services for a two-year Agreement with three one-year extension options, for an estimated annual amount of $150,000 and a total amount not to exceed $750,000 over five years; and authorizing the Director of Finance to adjust agreement totals between agreements and department’s needs, ensuring the combined total amount does not change; and authorizing the City Manager, or his designee, to execute the Agreements.
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Consent
14. Consider approving the First Amendment with California Material Inc. for Material Hauling Services, increasing the Agreement amount by $621,746 to a new total amount not to exceed $1,246,746 over the term of the Agreement. (Funding Source: Compost Fund)
Resolution approving the First Amendment with California Materials Inc., for Material Hauling Services, increasing the Agreement amount by $621,746, to a new estimated annual amount of $280,437, with a new total amount not to exceed $1,246,746 over the term of the Agreement, and authorizing the City Manager, or his designee, to execute the Amendment.
PUBLIC WORKS; John Chavez, 209-577-5453, [email protected] ACTION: (Wright/Alvarez; 7/0) Resolution 2026-052 approving the First Amendment with California Materials Inc., for Material Hauling Services, increasing the Agreement amount by $621,746, to a new estimated annual amount of $280,437, with a new total amount not to exceed $1,246,746 over the term of the Agreement, and authorizing the City Manager, or his designee, to execute the Amendment.
Removed from Consent
15. Consider approving the Plans and Specifications for the Highway 99 Water Main Crossings Improvements Project, accepting the Bid and Awarding a Construction Contract to Rolfe Construction Inc., of Atwater, CA in the amount of $1,436,035, authorizing 20% in contingency (if needed), for a total payment amount not to exceed $1,723,242. (Funding Source: Water Fund)
Resolution approving the Plans and Specifications for the Highway 99 Water Main Crossings Improvements Project, accepting the Bid and awarding a Construction Contract to Rolfe Construction Inc., of Atwater, CA in the amount of $1,436,035, authorizing the Director of Engineering Services to approve Change Orders up to the cumulative amount of $287,207, 20% of the original Contract price, for a total payment amount not to exceed $1,723,242 and authorizing the City Manager, or his designee, to execute the Contract. Resolution amending the Fiscal Year 2025-26 Capital Improvement Program Budget in the amount of $1,849,505 to fund the Construction Phase of the Highway 99 Water Main Crossings Improvements Project and authorizing the City Manager, or his designee, to implement the provision of the Resolution.
UTILITIES; David Felix, 209-577-5488, [email protected] ACTION: (Bavaro/Escutia-Braaton; 6/0; Williams Recused) Resolution 2026-053 approving the Plans and Specifications for the Highway 99 Water Main Crossings Improvements Project, accepting the Bid and awarding a Construction Contract to Rolfe Construction Inc., of Atwater, CA in the amount of $1,436,035, authorizing the Director of Engineering Services to approve Change Orders up to the cumulative amount of $287,207, 20% of the original Contract price, for a total payment amount not to exceed $1,723,242 and authorizing the City Manager, or his designee, to execute the Contract.
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ACTION: (Bavaro/Escutia-Braaton; 6/0; Williams Recused) Resolution 2026-054 amending the Fiscal Year 2025-26 Capital Improvement Program Budget in the amount of $1,849,505 to fund the Construction Phase of the Highway 99 Water Main Crossings Improvements Project and authorizing the City Manager, or his designee, to implement the provision of the Resolution.
COUNCIL COMMENTS & REPORTS
Vice-Mayor Williams announced several upcoming Black History Month events, including an ongoing African American history exhibit at the local museum through March 12. He also highlighted a clergy-focused Black History Month program hosted by the Cesar Chavez Committee and another program by the King Kennedy Board, both taking place this week, with requested donations to attend. Councilmember Ricci addressed two major issues: the long-standing and costly problem of county pockets, which he said could take decades more to resolve without new financing tools to help homeowners fund infrastructure upgrades, and concerns about the animal shelter. He criticized the shelter’s recent fee recommendations as disconnected from operational realities and urged immediate action to address ongoing issues such as spay and neuter services and intake capacity. Councilmember Alvarez highlighted a $30 million investment in infrastructure improvements for the Colorado Rouse neighborhood, bringing sidewalks, ADA upgrades, and water quality improvements to the area. He also recognized the City’s partnership with Modesto Gospel Mission and United Way to launch the Hope Works program, providing transitional employment for up to 68 individuals facing homelessness. Lastly, he announced an upcoming Community Connect event hosted by El Concilio and South Modesto Business United.
Councilmember Bavaro advised that his District 4 Advisory Committee will be touring the Real Time Crime Center at the Modesto police Department followed by a briefing from the Police Chief on 2025 crime reduction.
Councilmember Escutia-Bratton highlighted recent events celebrating Modesto’s firefighters and police, praising their dedication, professionalism, and commitment to public safety, and welcomed seven new police recruits to the community. Mayor Zwahlen reported on several community activities, including touring county transportation projects like Colorado Rouse and Paradise Road, highlighting safety improvements and thanking Senator Susan Eggman for funding support. She spoke to Downey High School students, attended the Tim Tebow Foundation’s Night to Shine prom for special needs residents, and participated in a police promotion ceremony. She also announced the groundbreaking for Seventh Street Village on February 26th. - 10 -
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CITY MANAGER COMMENTS & REPORTS
None.
NEW BUSINESS
16. Consider accepting Mayor Sue Zwahlen's Budget Message per Charter Section 1302.1 for the upcoming Fiscal Year 2026-27 budget year. (Funding Source: All City Funds) Motion to accept Mayor Sue Zwahlen's Budget Message per Charter Section 1302.1 for the upcoming Fiscal Year 2026-27 budget year.
BUDGET; Stephan Christensen, 209-577-5390, [email protected] ACTION: (Williams/Wright; 7/0) Motion to accept Mayor Sue Zwahlen's Budget Message per Charter Section 1302.1 for the upcoming Fiscal Year 2026-27 budget year.
MATTERS TOO LATE FOR THE AGENDA
None.
ADJOURNMENT
This meeting adjourned at 6:20 p.m.
Attest:____________________________
Diane Nayares-Perez, City Clerk