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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, August 12, 2025 at 5:30 PM
Special City Council – Closed Session Meeting 4:15 p.m.
Roll Call - Present: Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Mayor Zwahlen
Absent: Wright
Regular City Council Meeting 5:30 p.m.
Roll Call - Present: Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Mayor Zwahlen
Absent: Wright
Pledge of Allegiance to the Flag
Invocation: John Torres, City Ministry Network
City Clerk’s Announcements: None
Declaration of Conflicts of Interest: None
Reports from Closed Session: No reportable action.
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Proclamation declaring August 12, 2025 as International Youth Day. (Funding Source:
Not Applicable)
CITY COUNCIL; Breanna Griffin, 209-577-5421, [email protected] - 2 -
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ACTION: Mayor Zwahlen presented proclamation declaring August 12, 2025 as International Youth Day.
2. Youth Commission Presentation (Funding Source: Not Applicable) PRN; Valerie Garcia, 209-571-5576, [email protected] ACTION: Youth Commission presented update on activities to Council.
MISCELLANEOUS
3. Consider approving the appointments of Lupe Hodges, Abigail Powers, and Jennifer Aoyama to the Modesto Culture Commission for four-year terms with a term expiration of December 31, 2028. (Funding Source: Not Applicable) Staff Recommendation:
Resolution approving the appointments of Lupe Hodges, Abigail Powers, and Jennifer Aoyama to the Modesto Culture Commission for four-year terms with a term expiration of December 31, 2028.
PRN; Diane Sheatsley, 209-577-5418, [email protected] ACTION: (Williams/Alvarez; 6/0) Resolution 2025-290 approving the appointments of Lupe Hodges, Abigail Powers, and Jennifer Aoyama to the Modesto Culture Commission for four-year terms with a term expiration of December 31, 2028.
4. Consider approving the appointments of Bob Quintella as a Member-At-Large for a term expiration of December 31, 2028, and Martin Montez as a Youth Member-AtLarge for a term expiration of December 31, 2025, on the City of Modesto Golf Courses Advisory Committee. (Funding Source: Not Applicable) Staff Recommendation:
Resolution approving the appointments of Bob Quintella as a Member-AtLarge for a term expiration of December 31, 2028, and Martin Montez as a Youth Member-At-Large for a term expiration of December 31, 2025, on the City of Modesto Golf Courses Advisory Committee.
PRN; Jessica Franco, 209-577-5278, [email protected] ACTION: (Bavaro/Ricci; 6/0) Resolution 2025-291 approving the appointments of Bob Quintella as a Member-At-Large for a term expiration of December 31, 2028, and Martin Montez as a Youth Member-At-Large for a term expiration of December 31, 2025, on the City of Modesto Golf Courses Advisory Committee.
PUBLIC COMMENT PERIOD
Dakotah Louden urged the City Council to address the sale of Kratom and its concentrated form, citing addiction risks, personal experience with harmful effects, and lack of medical awareness. He called for stricter regulations, higher purchase age limits, location restrictions near schools and parks, and increased public education. - 3 -
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Derek Castle congratulated the Council on the upcoming opening of 12 bridge housing cabins for single women, funded by Measure H. He highlighted recent progress in Modesto’s bridge housing efforts, including family housing at the Church of the Brethren, Dignity Village’s 42 cabins, and the new Grace Gardens site. While noting successes in moving families into permanent housing, he stressed the high unmet demand, with around 400 people still unsheltered, and urged continued expansion of bridge housing.
Danielle Morgart, a representative from Assemblyman Juan Alanis’s office announced that the Governor signed AB 17, which requires counties to provide public access to precinct boundary information. She noted the legislature is in summer recess and expressed hope that three additional bills will be signed, inviting the Council to reach out with questions.
Lucas raised several neighborhood concerns, including questions about the reduced turf project, support for improved fireworks enforcement using advanced scanning technology, and reconsideration of the residential forestry program due to infrastructure damage. He also urged the City to adopt tighter water restrictions in light of a potential future drought.
Steve criticized past interactions with Council Members and law enforcement leadership, referencing a personal dispute and alleging inaction on misconduct. He objected to a recent Police Chief presentation, describing it as fearmongering and inappropriate, and drew comparisons between Modesto and other cities regarding lawsuits against Police Departments and crime trends. He accused the City of restricting public input after disruptions and urged the Council to meet the demands of the BIPOC coalition, framing them as matters of public safety rather than police power. Julissa urged the Council to repeal the City’s face-covering Ordinance, arguing that charges against protesters were dropped due to community pressure and that the law lacks legal standing. They accused the City of avoiding accountability, targeting youth and people of color, and called for the return of Zoom comments for accessibility. Nora Garcia supported repealing the City’s mask ban at protests and expanding the Community Police Review Board’s authority to independently investigate misconduct.
She criticized the Council for indifference toward public concerns, praised community members for persistent advocacy, and emphasized the importance of public pressure in defending democratic rights.
Emerson Drake criticized the lack of opportunities for Council Members to meet and discuss issues freely, citing Brown Act restrictions and the discontinuation of certain meetings since COVID-19. He described delayed responses to public records requests and alleged that the City Manager and Mayor have prevented Council Members from exercising their right to meet, suggesting this has hindered collaboration and transparency.
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Anthony criticized the City Council for inaction on the mask Ordinance, arguing it continues to restrict First Amendment rights and allows police to target protesters. He cited United Nations guidance supporting mask use in assemblies, called for the Ordinance’s repeal, and urged an independent investigation of police conduct. Nic drew parallels between Modesto’s mask Ordinance and broader governmental restrictions, arguing the law has been used to suppress lawful protest. They warned that keeping the Ordinance could empower local and federal law enforcement to further limit civil liberties and urged the Council to repeal it. Manuel Vasquez cited an ACLU letter warning that the City’s mask Ordinance is unconstitutionally vague and overbroad, criminalizing ordinary items and undermining free speech, privacy, and health rights. He highlighted racially biased enforcement during a recent protest and criticized the Police Chief’s “arrest first, courts later” approach, urging the Council to repeal the Ordinance and uphold constitutional protections.
Linda urged the Council to repeal or amend the mask Ordinance, emphasizing that the Council has the authority to act independently of the Police Review Board. She criticized the Council’s inaction, selective enforcement against marginalized groups, and prioritization of authority figures over community input, warning that continued inaction risks civil rights violations and legal consequences. A speaker spoke about exercising the right to protest for personal and community safety. He criticized the mask Ordinance for forcing individuals to conceal their identities, highlighted the harsh treatment during arrests, and urged the Council to repeal the law, emphasizing that legality does not always align with morality. A speaker urged the Council to place the mask ordinance on the agenda for repeal, arguing it violates free speech and exposes protesters to harassment and excessive force. They warned that keeping the law could lead to costly legal consequences. A speaker expressed concerns about the lack of action on the mask Ordinance, highlighted issues regarding the arrests of peaceful protesters and vague enforcement measures. The commenter criticized what he believes is passivity of a Council Member.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS: 5-6, 8-12, 14 (Williams/Ricci; 6/0)
CONSENT
Consent
5. Consider approving the minutes for the July 22, 2025 Council Meeting. (Funding Source: Not Applicable)
Motion approving the minutes for the July 22, 2025 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] - 5 -
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ACTION: (Williams/Ricci; 6/0) Motion approving the minutes for the July 22, 2025 Council Meeting.
Consent
6. Consider approving Final Adoption of 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). (Funding Source: Not Applicable)
Motion approving Final Adoption of 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).
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Williams/Ricci; 6/0) Motion approving Final Adoption of 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).
Removed from Consent
7. Consider approving Final Adoption of Ordinance 3801-C.S. of the City Council of the City of Modesto amending Title 10 of the Modesto Municipal Code to add Chapter 3, Article 8, “Smoke Shops,” 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. (Funding Source: Not Applicable)
Motion approving Final Adoption of Ordinance 3801-C.S. of the City Council of the City of Modesto amending Title 10 of the Modesto Municipal Code to add Chapter 3, Article 8, “Smoke Shops,” 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.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Bavaro/Ricci; 6/0) Motion approving Final Adoption of Ordinance 3801- C.S. of the City Council of the City of Modesto amending Title 10 of the Modesto Municipal Code to add Chapter 3, Article 8, “Smoke Shops,” 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.
Consent
8. Consider accepting the Monthly Investment Report for May 2025. (Funding Source:
Various Funds)
Motion accepting the Monthly Investment Report for May 2025.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
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ACTION: (Williams/Ricci; 6/0) Motion accepting the Monthly Investment Report for May 2025.
Consent
9. Consider approving the purchase for two Fleet Replacements for Fleet Vehicles which includes one Rapid View IBAK F550 Truck with Camera and one Vac-Con Xcavator Truck in a total amount not to exceed $1,245,632. (Funding Source: Fleet Replacement Fund)
Resolution approving the Competitive Bidding Process from Sourcewell to Rapid View LLC, Rochester, IN, under the authorized dealer, Municipal Maintenance Equipment, Sacramento, CA for the purchase of one Rapid View IBAK F550 Truck with Camera for an amount not to exceed $367,746; 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 Van-Con, Inc., Green Cove Springs, FL under the authorized dealer, Municipal Maintenance Equipment, Sacramento, CA for the purchase of one Vac-Con Xcavator Truck for an amount not to exceed $715,412; 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: (Williams/Ricci; 6/0) Resolution 2025-292 approving the Competitive Bidding Process from Sourcewell to Rapid View LLC, Rochester, IN, under the authorized dealer, Municipal Maintenance Equipment, Sacramento, CA for the purchase of one Rapid View IBAK F550 Truck with Camera for an amount not to exceed $367,746; 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: (Williams/Ricci; 6/0) Resolution 2025-293 approving the Competitive Bidding Process from Sourcewell to Van-Con, Inc., Green Cove Springs, FL under the authorized dealer, Municipal Maintenance Equipment, Sacramento, CA for the purchase of one Vac-Con Xcavator Truck for an amount not to exceed $715,412; 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
10. Consider approving the First Amendment with SpryPoint Services, Inc., Charlottetown, P.E., for Utility Billing, Receivables and Cashiering Software to include SpryWallet as the payment gateway with an increase in the amount of $1,336,902 over two years and a one-time online Customer Enrollment Incentive Program in the amount of $5. - 7 -
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(Funding Source: Various Funds)
Resolution approving the First Amendment to the the Agreement with SpryPoint Services, Inc., Charlottetown, P.E., for Utility Billing, Receivables and Cashiering Software, to include SpryWallet as the payment gateway and increasing the amount by $1,336,902, to a new total amount not to exceed $3,728,862 through the next two years; and authorizing the City Manager, or his designee to execute the Amendment.
Resolution approving a one-time online Customer Enrollment Incentive Program in the amount of $5.
FINANCE DEPARTMENT; Jeni Martin, 209-571-5892, [email protected] ACTION: (Williams/Ricci; 6/0) Resolution 2025-294 approving the First Amendment to the the Agreement with SpryPoint Services, Inc., Charlottetown, P.E., for Utility Billing, Receivables and Cashiering Software, to include SpryWallet as the payment gateway and increasing the amount by $1,336,902, to a new total amount not to exceed $3,728,862 through the next two years; and authorizing the City Manager, or his designee to execute the Amendment.
ACTION: (Williams/Ricci; 6/0) Resolution 2025-295 approving a one-time online Customer Enrollment Incentive Program in the amount of $5.
Consent
11. Consider approving Co-Sponsorships for designated City Partners’ Events and Programs with direct contributions of $61,650 and in-kind support with an estimated value of $251,022 for Fiscal Year 2025-2026. (Funding Source: General Fund) Resolution approving Co-Sponsorships for designated City Partners’ Events and Programs with direct contributions of $61,650 and in-kind support with an estimated value of $251,022 for Fiscal Year 2025-2026.
PRN; Jeremy Rogers, 209-577-5347, [email protected] ACTION: (Williams/Ricci; 6/0) Resolution 2025-296 approving Co-Sponsorships for designated City Partners’ Events and Programs with direct contributions of $61,650 and in-kind support with an estimated value of $251,022 for Fiscal Year 2025-2026.
Consent
12. Consider approving Community/Special Event and Program Grants for in-kind support valued at $19,815 and grant funding of $18,157 for events and programs planned in the first half of Fiscal Year 2025-2026. (Funding Source: General Fund) Resolution approving Community/Special Event and Program Grants for inkind support valued at $19,815 and grant funding of $18,157 for events and programs planned in the first half of Fiscal Year 2025-2026.
PRN; Jeremy Rogers, 209-577-5347, [email protected] ACTION: (Williams/Ricci; 6/0) Resolution 2025-297 approving Community/Special Event and Program Grants for in-kind support valued at $19,815 and grant funding of $18,157 for events and programs planned in the first half of Fiscal Year 2025-2026. - 8 -
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Removed from Consent
13. Consider approving the Agreements for Fire Extinguisher Inspection, Testing and Maintenance Services to Firecode Safety Equipment, Inc., Sacramento, CA and National Fire Systems, Inc. Sacramento, CA for a total combined amount not to exceed $160,269 over five years. (Funding Source: Building Maintenance Fund) Resolution approving the Award of Bid and Agreements for Fire Extinguisher Inspection, Testing and Maintenance Services to Firecode Safety Equipment, Inc. Sacramento, CA and National Fire Systems, Inc. Sacramento, CA for a two-year Agreement with three one-year extension options, with an estimated annual amount of $20,000 for Firecode Safety Equipment Inc, and annual amount for $10,000 for National Fire Systems, Inc for a total estimated annual amount of $30,000, and a combined total amount not to exceed $160,269 over five years between the two agreements, and authorizing the City Manager, or his designee, to execute the Agreements.
PUBLIC WORKS; Gabe DaSilva, 209-342-2281, [email protected] ACTION: (Bavaro/Escutia-Braaton; 6/0) Resolution 2025-298 approving the Award of Bid and Agreements for Fire Extinguisher Inspection, Testing and Maintenance Services to Firecode Safety Equipment, Inc. Sacramento, CA and National Fire Systems, Inc. Sacramento, CA for a two-year Agreement with three oneyear extension options, with an estimated annual amount of $20,000 for Firecode Safety Equipment Inc, and annual amount for $10,000 for National Fire Systems, Inc for a total estimated annual amount of $30,000, and a combined total amount not to exceed $160,269 over five years between the two agreements, and authorizing the City Manager, or his designee, to execute the Agreements.
Consent
14. Consider approving the Amended and Restated Agreement with Gallo Center for the Arts, Modesto, CA for Lot 25 employee discounted parking increasing the Agreement amount by 2.4% per parking permit per month, and extending the term of the Agreement from July 1, 2025, to June 30, 2026, with the option for one additional oneyear term of July 1, 2026, through June 30, 2027. (Funding Source: Parking Services Enterprise Fund)
Resolution approving the Amended and Restated Agreement with Gallo Center for the Arts, Modesto, CA for Lot 25 employee discounted parking, by increasing the Agreement amount by 2.4% per parking permit per month, and extending the term of the Agreement from July 1, 2025, to June 30, 2026, with the option for one additional one-year term of July 1, 2026 through June 30, 2027, and authorizing the City Manager or his designee, to execute the Agreement .
PUBLIC WORKS; Gabe da Silva, 209-342-2281, [email protected] ACTION: (Williams/Ricci; 6/0) Resolution 2025-299 approving the Amended and Restated Agreement with Gallo Center for the Arts, Modesto, CA for Lot 25 employee discounted parking, by increasing the Agreement amount by 2.4% per parking permit - 9 -
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per month, and extending the term of the Agreement from July 1, 2025, to June 30, 2026, with the option for one additional one-year term of July 1, 2026 through June 30, 2027, and authorizing the City Manager or his designee, to execute the Agreement .
Recessed at 7:22 p.m.
Resumed at 7:30 p.m.
COUNCIL COMMENTS & REPORTS
Vice-Mayor Bavaro highlighted recent community engagement and City projects, including attending National Night Out events, planning a professional soccer stadium and convention center downtown, traffic improvements on Scenic Drive, and future housing, commercial, and recreational developments. He credited these initiatives to the Council’s leadership and decision-making.
Councilmember Williams shared community updates, beginning with a moment of silence for a long-time local businessman and Kiwanis member who passed away at 101. He highlighted attending 12 National Night Out events in his district, a police graduation, the grand opening of Kaiser Permanente’s new athletic center, and the Madstock music event at Graceada Park, noting strong community engagement and local talent.
Councilmember Ricci highlighted positive community developments, including the upcoming opening of Vallarta Supermarkets at a long-vacant Raley’s site, and emphasized the need for stronger enforcement of the City’s vacant building ordinance to encourage economic growth. He also raised concerns about Stanislaus Animal Services, calling for a daily spay/neuter program, proper vaccination, TNR licensing for feral cats, and more accessible, humane animal intake procedures.
Councilmember Escutia-Braaton shared recent community engagement, attending multiple district events and following up with constituents on neighborhood concerns like trees and traffic. She highlighted participation in selecting a location for a new entertainment district to boost Modesto’s economy, and noted the upcoming opening of Grace Gardens, a bridge housing initiative, expressing excitement to contribute personally to the project.
Councilmember Alvarez recapped attending multiple National Night Out events across District 2, engaging with residents and organizations about local concerns, particularly homelessness among youth on the West Side. They highlighted the upcoming opening of Grace Gardens, a 12-unit bridge housing project at the Modesto Gospel Mission. Alvarez also addressed traffic safety issues on Spencer Avenue and emphasized that, while supportive of the new downtown soccer stadium, their district’s priorities remain healthcare, housing, and dental services, noting that the stadium plan (Option C) includes 940 housing units without displacing current residents.
Mayor Zwahlen highlighted recent community and professional activities, including attending the California Urgent Care grand opening, participating in the Station 17 - 10 -
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firefighter training tower ribbon-cutting, and being sworn in to the Stanislaus County Water Advisory Committee. She also engaged with local students through a junior college history class, contributed to the early stages of the Yosemite Community College District Master Plan, and connected with residents at multiple National Night Out events, emphasizing community engagement, public safety, and educational outreach.
CITY MANAGER COMMENTS & REPORTS
None.
HEARINGS
Published in the Modesto Bee on July 25, 2025 and August 1, 2025.
15. Hearing to consider adopting a Resolution authorizing the City Clerk to establish and administer a Passport Service Program and approving related fees. (Funding Source:
General Fund)
Resolution authorizing the City Clerk to establish and administer a Passport Service Program and approving related fees.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Alvarez/Williams; 6/0) Resolution 2025-300 authorizing the City Clerk to establish and administer a Passport Service Program and approving related fees.
Published in the Modesto Bee on August 1, 2025.
16. Hearing to consider approving a Purchasing Agreement with American Traffic Solutions, dba Verra Mobility, Mesa, Arizona, for Automated Red Light Photo Enforcement Technology for a total amount not to exceed $3,691,891 over five years. (Funding Source: Traffic Safety Fund/Citation Revenue)
Resolution approving a Purchasing Agreement with American Traffic Solutions, dba Verra Mobility, Mesa, Arizona, by utilizing the Competitive Bid Process with Houston-Galveston Area Council of Governments (H-GAC), for Automated Red Light Photo Enforcement Technology, for a five-year Agreement for an annual estimated amount of $703,218 and a contingency of $175,804, if needed, for an Agreement total amount not to exceed $3,691,891 over five years; and authorizing the City Manager, or his designee, to execute the Agreement.
POLICE DEPARTMENT; T.J. Moffett, 209-572-9886, [email protected] ACTION: (Williams/Bavaro; 6/0) Resolution 2025-301 approving a Purchasing Agreement with American Traffic Solutions, dba Verra Mobility, Mesa, Arizona, by utilizing the Competitive Bid Process with Houston-Galveston Area Council of Governments (H-GAC), for Automated Red Light Photo Enforcement Technology, for a five-year Agreement for an annual estimated amount of $703,218 and a contingency of $175,804, if needed, for an Agreement total amount not to exceed $3,691,891 over five years; and authorizing the City Manager, or his designee, to execute the Agreement.
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MATTERS TOO LATE FOR THE AGENDA
None.
ADJOURNMENT
This meeting adjourned at 8:44 p.m.
Attest:____________________________
Diane Nayares-Perez, City Clerk