City Council - Regular Meeting

If having reached the hour of 5.31 p.m., I am calling the August 11, 2026, Modesto City Council meeting to order and ask the city clerk to call the roll.

Here. Will everyone please rise for the Pledge of Allegiance followed by the invocation from Pastor Latricia Beasley Day, Victory and Praise Church Modesto. I pledge allegiance to the flag of the United States of America, All right apparently pastor day is not here this evening so we will proceed with the meeting Does the city clerk have any announcements I

Thank you. Do any of the council members have any conflicts of interest? I do not see any. Thank you. Will the City Attorney please report out on closed session?

Thank you. Next on the agenda is item one, consider accepting the resignation of Thomas Orozco from the Audit Committee. Does Council have any questions of staff? Seeing none, I will open item one up to the public. Are there any members of the public that would like to come forward? If you are participating remotely, please use the raise hand feature now or dial star nine on a telephone to indicate you wish to speak on this item. Seeing no one, I will close public comments on item one.

I serve on the Audit Committee and I would like to publicly thank Thomas for his service. He was a public member of the Audit Committee and served very responsibly and was always on time and prepared and I appreciate his service. I need a motion to the resolution accepting the resignation of Thomas Orozco from the Audit Committee. So moved. Second. Moved by Councilmember Bavaro, seconded by Vice Mayor Williams, will the clerk please call the roll for this item?

Next is item two. Consider accepting the resignation of Gloria Edith Verdon from the Citizens Housing and Community Development Committee. Does council have any questions of staff? Seeing none, I will open item two up to the public. Any members of the public that would like to come forward? Seeing none, anyone online? I do not see any. I will close public comments. Any comments from council members? Council member Scudia Brayton?

Okay. Excuse me. I've closed public comment for this item, for item two. For item two, yes. Thank you. And I'm sorry, I don't know why I'm at that. Okay. Vice Mayor Williams.

Thank you, Mayor. I'd like to thank her for her service. Having been on that committee myself, she was a great asset. Thank you very much.

You're welcome. Any other comments from council members? Seeing none, I need a motion for a resolution accepting the resignation of Gloria Edith Verdon from the Citizens Housing and Community Development Committee. Do I have a motion?

Second by Council Member Rickey. And will the clerk please call the roll for this item?

Carries unanimously. Next on the agenda is public comment. I have a statement that I will make and then we will proceed. Before we move to public comment, I understand there may be many individuals here and online who have concerns regarding data centers. The issue has received significant attention in the news, and the city has received numerous comments and questions on this topic. As the city has previously stated publicly and to the press, large data centers are not currently in allowed use under the city's zoning code. Any change to the zoning code would require a formal code amendment pr

Next online, Clara. Clara online. I'm here.

You're welcome. Next is Jacqueline Rivas Gibson. Welcome.

At this point, I'm going to ask for guidance from our city attorney, because this is not on tonight's agenda. I don't think we can be voting publicly on something that the entire universe is not about. It's not quite voting.

You can always call me, and then I can give you that answer.

You're welcome. Next on line, we have Ramon Rodriguez on line.

You're welcome. Next is Sandra. There you go. Please. I'm sorry, I wasn't sure how to pronounce your last name. Okay, great. Thank you.

Yes, can you please speak into the microphone?

Next online is Elijah Elder Rosen. Elijah, online.

Thank you. Thank you. Next online, Hartcourt. Online, Hartcourt.

Next, online. Excuse me, online. There's not a name, but it's Samsung. Are you there?

OK, we can hear you. We can hear you now. Hello? Yes, we can hear you.

Thank you. Yes is Anthony drop Nick Anthony

Thank you. Next on line is Jessica Quintero. Jessica? Hello. Hi there.

I can, if you'll stop it since you did not hear my comment, I can repeat the comment that I made. Yes. So before we move to public comment, I understand there may be many individuals here and online who have concerns regarding data centers. This issue has received significant attention in the news and the city has received numerous comments and questions on this topic. As the city has previously stated publicly and to the press, large data centers are not currently in allowed use under the city's zoning code. Any change to the zoning code would require a formal code amendment process, which wo

City staff is not working, I'll just read it as I say it. City staff is not working on a proposed amendment to the zoning code to allow data centers. They are also exploring the need for a moratorium. I want to make sure that everyone understands the city's current position and the existing process before we hear from the public. We always welcome the community's comments and appreciate everyone who has taken the time to share their thoughts. So proceed.

Thank you. Next. Next online is L. Hello, are you there online? I just see the initial L. All right. At this time, I'll go to the next in-person speaker, and then we will come back to the person online. The next in-person is Bill Walker. Bill.

Thank you, Your Honor, and council members.

You're welcome. Next on line, we have Sam.

You're welcome. Next in person is Wendy Smith.

Thank you. Is that the end of your comments? Yes, it will be for now. Okay. All right. Thank you. Next in person is Beverly Sullivan.

Thank you. All right, excuse me. Alison will connect with you. Thank you. Online, I do not see another person online. Okay. In person, Susie.

Next is Susan Azevedo. Yeah, I thought I saw her leave. Okay, I'll save hers until the end in case she returns. Next is Shel.

All right. Who's it going to be? All right. Who's it going to be? Next is Sean. Sean. Excuse me. Sean. Sean. Sean. Okay, all right, we'll get the online person next after this person in person.

Thank you. We will hear from one more person online, and then we will take a break, which I will announce. Next is Olivia online.

All right. We will take an eight-minute break and return at 7.10 p.m. Thank you. all right it is currently 7 10 p.m and we will resume the meeting uh in person i have sophiel o'hara

Thank you. Next on line is Jim Ferreira. Jim? On line, Jim?

You're welcome. Next is Victor. In person, Victor.

In person is Kelly Gepley. Kelly. Is Kelly here? I don't see anyone coming forward, so I'll... Okay, all right. Welcome. I've loved having the children here this evening, I must say. Oh, thank you.

We will make our comments to council comments.

So right now, out of respect to you, we're listening to you. during council comments, that's the time when council members and the mayor can speak.

Next in online is Graciela. Hello, can you hear me? Yes, we can hear you.

Next is O, online, O. Excuse me. Oh, online.

You're welcome. Next is Alex. Alex in person. It looks like Alex, A-L-E-X. All right, I'll call that one at the end in case they're here. Rosalina? Is Rosalina here? OK, great.

Thank you. Thank you. Jack Gilstrip-Barr? Jack? Okay, next is Alan Burkett.

You've exceeded your time and if you'd like to Allison could maybe share her card with you and then you can have further contact. Thank you. Yes. Next in person is Anne Marie Salgado.

All right. I'm coming back for Susan Azevedo. One more time. I don't believe she's here, but I just want to make sure. All right. Moving on to Amber Blumgren. Amber. Okay. Welcome.

One comment, you have to be my age to really appreciate that song. Next, Lincoln Jones. Welcome.

You're welcome. Next is Elizabeth. Hi there.

You're welcome. Next, Pam Bauer. Pam Bauer. She's gone. Thank you. Ryan Bertson.

I will just make one statement that this is not a question and answer time. It's our time, since you asked, to listen to you.

No, I haven't even had a conversation with them. OK. Paid to come out and speak and ask these particular questions.

Okay. We'll maintain order. Answer the question, sir.

So you can ask us questions, but we can't ask you questions. We're here conducting the people's business. We're conducting the people's business.

Next on the public comment is Krista H. Krista.

Excuse me, I'm conducting the meeting, so I've told him that if he'd like to make a comment, sure.

The item in question concerning the data center, there's really no deliberation that we've had to even bring that up at this point.

I would bring request agenda item to first implement or vote on a moratorium that I would do first. I don't believe we're at the point now to put it on the agenda because quite honestly I have not gathered, done my due diligence and I haven't gathered all the data. This is something that's come up just in a couple of weeks. And so I am not prepared 100% take a strong position one way or the other because I still need to gather data. But I would request a future agenda item to put a moratorium to give us time to look into.

I would ask the city attorney on the process of how I would make that request.

All right. So you've exceeded your time? I'm sorry. OK. Thank you. Thank you. Thank you. Next is Alex again. Alex? Is Alex here? OK. I think I've checked. How about Jack Gillstrip Barr? Jack? All right. That is the last of the speaker request cards. Is there anyone else online? Seeing no one online. OK. Thank you.

Have a good night. I believe someone raised their hand. Would you like to speak?

You're welcome. Is there anyone else wishing to speak under public comment for those in person or online? If you're interested in speaking, please come.

Thank you. All right. Anyone else wishing to come forward for items not on tonight's agenda? Is there any online? All right. Next on the agenda is consent items. An item may be removed from consent and discussed at the request of a member of the public or council member. Is there anyone in the council that would like an item removed for further discussion? Is there anyone in the public that would like an item removed from consent for further discussion or comment?

You're welcome. Is there anyone online that would like If you're participating remotely, please use the raise hand feature now or dial star nine on a telephone to indicate you wish to remove an item from consent. I do not see any online or any phone calls dialed in. All right, will the city clerk please read the consent items.

All right, may I have a motion to approve the consent calendar as read? Motion to approve also second. All right, motion by Councilmember Wright, second by Councilmember Alvarez. Will the clerk please call the roll for those items?

Aye. Carries unanimously. We will go back to consent item five. Consider approving an agreement for the conveyance and purchase of right away from the Sylvan Unified School District receiving 1.89 acres for public right-of-way, for public infrastructure, for a total amount not to exceed $1,250,000. We will have a staff report.

that i'm happy to answer any questions thank you for that report any questions from council members regarding item five consent item five yes please council member bavaro jessica thank you oh my mic's off no just try speaking into there you go looks um

On the appraisal, my question during our briefing was I thought that that was somewhat expensive to pay that kind of money for that partial 1.8 acres or whatever. Can you explain to the council the process and also to the public the process by which how you came up with that dollar amount? Absolutely. And who did the appraisals?

Great. All right. Any other questions from council members? Seeing none, I will open this item up to the public. I will ask members of the public to come forward. Or if you are participating remotely, please use the raise hand feature now or dial star nine on a telephone to indicate you wish to speak on this particular item. All right, Kevin, welcome.

All right. Thank you. Any other public comments in person or online? I do not see any online. I do not see any in person regarding item five. So I will close public comments on this item. Any comments from council members regarding consent item five? Council member Bavaro, did I see you? No, you did not do that. No other comments from council members? All right, I'm going to ask guidance from the city attorney. We have two resolutions. Are they separate votes or are they together? Okay, thank you very much for that. I have two resolutions, a resolution approving an agreement for the conveyance

Moved by Council Member Bavaro, seconded by Vice Mayor Williams. Will the Clerk please call the roll for this item?

Aye. Carries unanimously. Next is, excuse me, Consent Item 9. Consider approving the plans and specifications for the airfield lighting control and monitoring system and constant current regulator upgrades project, accepting the bid and awarding a contract to Shane Brown Electric of Woodland, California for a total amount not to exceed $534,050. We will have a staff report.

All right. Are there any questions from council members regarding consent item 9? Seeing none, I will open this up to the public. Is there any members of the public that could come forward or if you are participating remotely, please use the raise hand feature now or dial star nine on the telephone to indicate you wish to speak on this item. Welcome, Kevin.

And would you please respond so that we know?

All right. Thank you. Thank you very much. Any other public comments? I do not see any online. No one in person regarding this item, so I will close public comments. Any comments from council members? Excuse me.

Council member Alvarez. Thank you, Mayor. I want to thank everyone, all the residents who came and spoke on their concerns tonight.

Oh, this is we're still on consent item nine. All right. Sorry. Yes. Any other council comments on consent item nine? All right, seeing none, I need a- Motion to approve. Second. Excuse me, I'd like to be able to read the resolution first. A resolution approving the plans and specifications for the airfield lighting control and monitoring system and constant current regulator upgrades project, accepting the bid and awarding a contract to Shane Brown Electric of Woodland, California in the amount of $485,500 and authorizing change orders up to a cumulative amount of $48,550 for a total agreemen

Aye. Carries unanimously. Next on the agenda is council comments and reports. Do any of the council members have any comments and reports? Unfortunately, so many people are not here to hear them and this is our comments. You have a question?

Yes, Mayor. I would like to ask the city attorney for guidance on how we would put an agenda item to have a moratorium. Is this the time to bring this up or how do we do this?

All right. First name I see is Council Member Bavaro.

No, it's actually Jeremiah who's asking the question.

Thank you, Mayor. As you stated, I wish that this is a packed council chamber. I think the frustration lies in not hearing us respond substantively, which we cannot. We could respond to inquiries or public comment just, you know, just a little, just... NOT SUBSTANTIVELY, RIGHT? BUT THIS IS THE TIME DURING OUR COUNCIL COMMENTS WHERE WE CAN RESPOND WITH SUBSTANCE. SO THIS IS WHY I ALWAYS SHARE MY COUNCIL COMMENTS ON MY SOCIAL MEDIA PLATFORMS IN CASE YOU GUYS FOLLOW ME OR DON'T FOLLOW ME THERE. I'LL REPOST THIS IN CASE YOU MISSED IT. I want to talk about four things tonight. I want to talk about

Thank you. Council Member Scoody-Brington.

Thank you, Mayor. Modesto really shined, and it came out in its ultimate beauty last week during a national night out. And we all had the opportunity, all the council members, to engage actively with our first responders, the firefighters, the police department, and other first responder personnel with our community. All the community parties that we all participated in were done over hours in over three digit degree. It was over 100 degrees. So but nevertheless, it was a joy to have community engage with city officials and and just build bridges, strengthen our communication and our trust. An

Next, we have Councilmember Rickey, but we will defer to Vice Mayor Williams at this time, and then I will get back to Councilmember Rickey.

Thank you, Mayor. Late June, there was a situation that took place at Beyer Park. Four individuals saved the life of a young man or individual by the name of Larry. He was dead in the restroom at Byer Park. And TJ found him as a softball teammate, saw him there, and four other individuals helped him to revive this individual. And I am very, very pleased to have given those four individuals certificates. The fire department gave them challenge coins, but two of them are here. Is George here today? George, or just... Just you, Royal. Royal, just step forward just a little bit so they can see who

You're welcome. Next, Councilmember Wright.

Thank you, Mayor. I, too, wanted to just thank everybody who came out to National Night Out in my district. And there was, I think we had 10 different parties going on, and I wasn't able to get to all of them. But it was a great night. Weather was actually cooler than I thought it was going to be, which was nice for all of us. One of the things I want to talk a little bit about tonight is all the residents that came out speaking about data centers. It's always been my priority to protect their residents here in Modesto, our quality of life, our environment and our water, and we do what's best

Yes. All right. I see some more names, again, repeating. Nick Bavaro.

Thank you, Mayor. I'm going to, I was originally gonna talk about my write out with the police department, my quarterly write out, and also, you know, national night out. I'll save that for the next meeting due to time. But I just wanted to say a few things about the data centers. And quite honestly, the council works in the beginning of the year, January, February, city management, will listen to the council on what our priorities are and our vision on how we're going to move forward with the City of Modesto. And you know we talked about the priorities this year were the general plan, homeles

Thank you, Mayor. I appreciate that, Council Member Bavaro, that very, very thoughtful summary. I have done a relatively thorough research on this subject over the past several years, called it a millennial thing. But I'm very in tune with AI's progression, data centers, water consumptions, closed loop water systems that are proposed that are just, they're not reusing millions of gallons of water over and over, or they're using millions of gallons of water over and over and not. NEW ONE MILLION HERE TODAY, ANOTHER MILLION TOMORROW. THEY'RE USING THE SAME CLOSED-LOOP SYSTEM. AND DESPITE THAT, I

Thank you, Mayor. I wholeheartedly agree with everything that was said here on the council, my colleagues. 100%, the fact of the matter is, as has been stated two weeks ago or so, this was dropped on our laps as council people, and to represent you, we're still trying to get Head to I'm trying to still get my head wrapped around the whole situation. However, I California is a big place in my opinion. There's other places it can go There's other places it can flourish maybe even better Hopefully better than here due to the fact that we know nothing about I know nothing about it And I appreciate

You're welcome. Any other comments at this time? All right, I'll end with my remarks. A lot of things were said this evening, and much was discussed about losing trust in our council. Recently, I've been accused of secret meetings, so I thought that I would share a little bit about my schedule. because there have been no secret meetings on any topic that was discussed this evening. So I thought I would share a little bit about on Wednesday, July 22nd, I attended the California Bioeconomy Innovation Campus Open House, which was discussed tonight being circular. It is an incredibly exciting oppo

Thank you for your comments. Are there any matters too late for the agenda? Seeing none, I'm calling this meeting of the City Council be adjourned.