Modesto council adopts police military-equipment policy, approves Tivoli housing changes and several cannabis permit moves

Modesto — The Modesto City Council on May 13 adopted a new Modesto Police Department military-equipment use ordinance required by California law, approved changes to the Tivoli specific plan that clear the way for two residential developments totaling about 159 homes, awarded a $781,195 contract for park security lighting, and approved changes to commercial cannabis permit fees plus two retail relocations.

The ordinance approving the department—s military equipment policy and a list of qualifying equipment passed on a unanimous roll call. Police Chief Brandon Gillespie told the council that the label "military equipment" is misleading for many items on the list and that some items, such as drones and less-lethal munitions, have been used by law enforcement for years: "the term military equipment ... is kind of a misnomer," Gillespie said, adding that most of the items are not acquired from the military and are routinely used for searches, perimeter operations and other responses.

Why this matters: The ordinance implements reporting and public-review requirements in state law (Assembly Bill 481) and is intended to provide an annual, transparent accounting of the department—s equipment and planned purchases. The council also voted to rescind the prior ordinance and approve the department—s updated written policy.

Housing approvals: The council approved two related Tivoli items recommended by staff and the planning commission. The first action amended the Modesto Urban Area General Plan to convert 12.66 acres from regional commercial to residential uses. The council then approved Specific Plan Amendment No. 4 to the Tivoli specific plan and granted exceptions to design standards (reduced front and rear setbacks and reduced corner-lot minimums) to allow smaller single-family product types. Jessica Hill, Modesto—s community and economic development director, described the primary proposal as "a project proposed today is a 85 single family homes and 11 landscape lots," and said the homes would range from about 1,300 to 2,200 square feet.

Separately, the council introduced and waived first reading of a development agreement for a second Tivoli parcel, Olivewood (Area Plan 6), a 74-lot subdivision that includes obligations for a roundabout at McReynolds Avenue and a 10-year vesting period for the tentative map. Staff said required infrastructure and mitigation are covered by the Tivoli final EIR. Both Tivoli agenda items passed unanimously.

Park security lighting contract: The council awarded a construction contract to Modesto Executive Electric Inc. for the 2024 Park Security Lighting Project not to exceed $781,195 (base award $697,495 plus $83,700 contingency). Staff explained the contract includes new poles, conduits, foundations and motion‑activated LED fixtures at James Marshall Park, Robertson Road Park and Chrysler Park; funding was identified from Measure H deferred-maintenance allocations. The contract was approved 7–0.

Cannabis fees and relocations: The council amended annual commercial cannabis permit fees and application deposit rules, setting the operational annual permit at $22,821 and the nonoperational permit at $3,991, converting the application fee to a $6,380 refundable deposit, and adopting modification-request deposits of $2,000 for ownership changes and $5,000 for location changes. That package passed 6–0 with Council member Alvarez recusing himself from cannabis matters.

The council then voted separately on two relocation requests for licensed cannabis businesses. The council granted a relocation and a residential-proximity waiver for CR and D Inc. (Modesto Cannabis Collective) to move from 439 Mays Boulevard to 1313 McHenry Avenue. Staff—s proximity review found the proposed storefront would be 36 feet from a residence (code requires 100 feet), and the applicant sought a waiver on the basis of physical separation formed by two fences and a 20–25‑foot alley. The relocation and the proximity waiver carried 5–1 with Vice Mayor Bavaro voting no and Council member Alvarez recused.

A second relocation, McHenry Business Services LLC (doing business as Herbology, formerly Planet Eights), requested to move from 500 East Glen Avenue to suites E and F at 1300 North Carpenter Road. Staff said the site meets the city—s proximity standards and that the facility—s security and floor plans complied with local and state rules. That relocation was approved 6–0 with one recusal.

Council debate and public input: Public comment during the meeting covered a range of topics, including concerns about police conduct and recent local deaths, homelessness and municipal services, and neighborhood impacts from housing development in the Tivoli area. On the cannabis relocation at 1313 McHenry Avenue, Vice Mayor Bavaro said he would vote no and raised a zoning and character concern about clustering dispensaries along McHenry: "I will be voting no on this item," he said, arguing that multiple licensed sites along a short stretch of McHenry do not reflect his vision for that corridor.

What the council voted on (at a glance): - Adoption of ordinance 3794‑CS: Approve Modesto Police Department military equipment use policy (AB 481 compliance); outcome: approved 7–0. - Award construction contract for 2024 Park Security Lighting Project to Modesto Executive Electric Inc.; outcome: approved 7–0; not to exceed $781,195 (base $697,495 + $83,700 contingency). - Amend commercial cannabis fees and application deposit policy (operational permit $22,821; nonoperational $3,991; refundable application deposit $6,380; modification deposits $2,000/$5,000); outcome: approved 6–0 (Council member Alvarez recused). - Relocation request and residential proximity waiver for CR and D Inc. (439 Mays Blvd → 1313 McHenry Ave): outcome: approved 5–1 (Vice Mayor Bavaro no; Council member Alvarez recused). - Relocation request for McHenry Business Services LLC (500 East Glen Ave → 1300 N. Carpenter Rd., Suites E & F): outcome: approved 6–0 with 1 recusal. - Modesto Urban Area General Plan amendment and Tivoli Specific Plan Amendment No. 4 (and related exceptions) enabling the Martin Property project (approximately 85 homes) and Olivewood development agreement (74 lots): outcomes: approved 7–0.

What happens next: Implementation steps vary by item. The police ordinance establishes the annual reporting cycle under state law. The Tivoli approvals were contingent on final conditions in the project resolutions and require infrastructure plans and developer construction to proceed; the Olivewood development agreement imposes sequencing and roundabout construction obligations. Approved cannabis relocations remain subject to compliance with the city—s permit terms and any outstanding building or fire approvals.

— Reporting by the Modesto City Council meeting transcript; direct quotes attributed to Modesto Police Chief Brandon Gillespie and Community and Economic Development Director Jessica Hill.