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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 26, 2025 at 5:30 PM
Special City Council – Closed Session Meeting 4:15 p.m.
Roll Call - Present: Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
Absent: None
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: Marvin Jacobo, 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 September 7th-13th as National Suicide Prevention Week. (Funding Source: Not Applicable)
CITY COUNCIL; Breanna Griffin, 209-577-5421, [email protected] - 2 -
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ACTION: Mayor Zwahlen presented Proclamation declaring September 7th-13th as National Suicide Prevention Week.
PUBLIC COMMENT PERIOD
Barry Jackson, a retired Beyer High School counselor and longtime Modesto resident, started an annual student–police basketball game to build positive connections. The event, now in its 10th year, is open to all students and has involved many officers. He invited city representatives to attend and recognized the support of Lieutenant Felton Payne and Chief Gillespie.
Elaine Wong, Doctor and Chief Resident at Valley Consortium for Medical Education, raised concerns about doctor overwork, reduced staffing, and limited patient access at Golden Valley Health Centers. She noted difficulties in filling residency positions and retaining doctors in Modesto and asked for support in securing a fair contract to improve conditions and patient care.
Tom Myers, a Modesto resident and member of the Urban Forest group and Stanislaus Audubon Society, thanked the city for funding tree maintenance and planting initiatives.
He highlighted the Tuolumne River Regional Park, a 500-acre area with significant natural resources, and noted that a master plan update is underway. Myers emphasized the park’s recreational potential and encouraged efforts to make it more accessible and welcoming to the community.
Harlan Diven, a Modesto resident, spoke about the June 14th protest arrests at 10th Street Plaza. While the charges were dropped, the arrests remain on individuals’ records, and they called for the City Council to launch an independent investigation since the Community Police Review Board cannot.
Anne Marie requested that the City Council repeal the mask ordinance, citing legal concerns raised by the ACLU and the Modesto Bee. She stated that only the Council has the authority to act and also requested expanded oversight authority for the Community Police Review Board.
Steve asked the Council to place the repeal of the mask ordinance on a future agenda. He cited the Brown Act and Modesto Bee statements indicating the Council has the authority to act without waiting for the Community Police Review Board. Frank Padron, a resident on Rouse Avenue, raised concerns about a sewer, sidewalk, and curb project. He stated that residents were required to sign up without being fully informed of funding issues, have since received little communication or notice of meetings, and still have unanswered questions about the project’s status and impact. Nora Garcia-Ruan asked the Council to place the repeal of Modesto Municipal Code 4-
23.02 on the agenda and to address police actions from June 14th. She noted that the - 3 -
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Community Police Review Board has not made a recommendation and stated that constituents want the Council to take direct action.
Jennifer Cullison expressed support for repealing the anti-masking ordinance, citing risks of profiling and arrest for vulnerable populations. She urged the Council to place the issue on the agenda to protect freedom of speech.
Bianca addressed the Council regarding the mask ordinance, noting that the Council has the authority to address it directly rather than wait for committee recommendations. She also highlighted a lack of community outreach and education about the Community Police Review Board and urged Council Members to engage with constituents. Celia Garcia-Perez urged the Council to repeal Modesto Municipal Code 4-23.02, section 13, and to authorize a special investigation into local law enforcement actions on June 14th. She emphasized aligning City actions with constitutional rights and human rights. A Modesto resident requested that the Council place the anti-mask ordinance, Municipal Code 4-23.02, subsection 13, on the agenda for amendment or repeal. They cited constitutional concerns, potential discriminatory enforcement, and urged the Council to act to avoid legal challenges.
A Modesto resident criticized the delay in addressing the anti-mask ordinance, noting that arrests under it were dropped and multiple organizations have highlighted its issues. They emphasized that the ordinance was unnecessary and urged the Council to act more promptly.
Jerry Thompson from the California Lowrider Alliance announced a new collaboration with Modesto High School and Modesto Junior College. Beginning in September, students will convert a police car into a lowrider as part of a shop class project, earning both high school and college credits while gaining technical and trade skills.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS: 2, 4-6, 8-14 (Escutia-Braaton/Bavaro; 7/0)
CONSENT
Consent
2. Consider approving the minutes for the August 12, 2025 Council Meeting. (Funding Source: Not Applicable)
Motion approving the minutes for the August 12, 2025 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Escutia-Braaton/Bavaro; 7/0) Motion approving the minutes for the August 12, 2025 Council Meeting.
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Removed from Consent
Consent
3. Consider accepting the Landmark Preservation Commission Annual Report for Fiscal Year 2024 - 2025. (Funding Source: Not Applicable)
Resolution accepting the Landmark Preservation Commission Annual Report for Fiscal Year 2024 - 2025.
CED; Radha Hayagreev, 209-577-5302, [email protected] ACTION: (Ricci/Bavaro; 7/0) Resolution 2025-302 accepting the Landmark Preservation Commission Annual Report for Fiscal Year 2024 - 2025.
Consent
4. Consider approving an Agreement for Engineering Design Services for the Tivoli Dual Use Basin and Park with Westwood Professional Services, Inc., Plano, TX, for a total amount not to exceed $446,674. (Funding Source: Water Fund Loan and Community Facilities District Bonds)
Resolution approving the Award of Proposal and Agreement for Engineering Design Services for the Tivoli Dual Use Basin and Park to Westwood Professional Services, Inc., Plano, TX, for a total amount not to exceed $446,674 and authorizing the City Manager or his designee to execute the Agreement.
Resolution approving the issuance of an interfund loan in an amount not to exceed $446,674 from the Water Fund 4100 to the Tivoli CFD Fund 3255 for the purchase of Engineering Design Services for the Tivoli Dual Use Basin to include an interest rate on the loan equal to the actual rate of return earned by the City’s investment portfolio during the 12-month period immediately preceding the payment date and authorizing the City Manager or his designee to carry out the necessary budget adjustments to implement the interfund loan.
CED; Edgar Garcia, 209-577-5211, [email protected] ACTION: (Escutia-Braaton/Bavaro; 7/0) Resolution 2025-303 approving the Award of Proposal and Agreement for Engineering Design Services for the Tivoli Dual Use Basin and Park to Westwood Professional Services, Inc., Plano, TX, for a total amount not to exceed $446,674 and authorizing the City Manager or his designee to execute the Agreement.
ACTION: (Escutia-Braaton/Bavaro; 7/0) Resolution 2025-304 approving the issuance of an interfund loan in an amount not to exceed $446,674 from the Water Fund 4100 to the Tivoli CFD Fund 3255 for the purchase of Engineering Design Services for the Tivoli Dual Use Basin to include an interest rate on the loan equal to the actual rate of return earned by the City’s investment portfolio during the 12-month period immediately preceding the payment date and authorizing the City Manager or his designee to carry out the necessary budget adjustments to implement the interfund loan.
Consent
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5. Consider approving the First Amendment for the Engineering Design Agreement with Westwood Professional Services, Inc. for the design of the Downtown Revitalization Project increasing the Agreement amount by $191,017 to a new total amount not to exceed $385,332. (Funding Source: California Department of Transportation Clean California Grant)
Resolution approving the First Amendment with Westwood Professional Services Inc., Plano, TX, for the design of the Downtown Revitalization Project increasing the Agreement amount by $191,017, to a new total amount not to exceed $385,332 and authorizing the City Manager or his designee to execute the Amendment.
CED; Eric Bonander, 209-577-5255, [email protected] ACTION: (Escutia-Braaton/Bavaro; 7/0) Resolution 2025-305 approving the First Amendment with Westwood Professional Services Inc., Plano, TX, for the design of the Downtown Revitalization Project increasing the Agreement amount by $191,017, to a new total amount not to exceed $385,332 and authorizing the City Manager or his designee to execute the Amendment.
Consent
6. Consider approving an Amended and Restated Memorandum of Agreement for the Preliminary Engineering including Final Design Phase of the 7th Street Bridge Project with Stanislaus County. (Funding Source: Streets Capital Facility Fees and Water Fund)
Resolution approving an Amended and Restated Memorandum of Agreement for the Preliminary Engineering including Final Design Phase of the 7th Street Bridge Project with Stanislaus County and authorizing the City Manager, or his designee to execute the Amended and Restated Memorandum of Agreement.
ENGINEERING SERVICES; Toby Wells, 209-571-5542, [email protected] ACTION: (Escutia-Braaton/Bavaro; 7/0) Resolution 2025-306 approving an Amended and Restated Memorandum of Agreement for the Preliminary Engineering including Final Design Phase of the 7th Street Bridge Project with Stanislaus County and authorizing the City Manager, or his designee to execute the Amended and Restated Memorandum of Agreement.
Removed from Consent
Consent
7. Consider accepting the 2023 Playground Replacement Phase 1 Project as complete, releasing securities, releasing payments totaling $698,525 to Sierra Play Partners, of Ripon, CA, and authorizing the City Clerk to file a Notice of Completion. (Funding Source: Measure H)
Resolution accepting 2023 Playground Replacement Phase 1 Project, releasing securities, releasing payments totaling $698,525 to Sierra Play Partners, of Ripon, CA, and authorizing the City Clerk to file a Notice of Completion.
ENGINEERING SERVICES; Pete Kambel, 209-577-5444, [email protected] - 6 -
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ACTION: (Wright/Alvarez; 7/0) Resolution 2025-307 accepting 2023 Playground Replacement Phase 1 Project, releasing securities, releasing payments totaling $698,525 to Sierra Play Partners, of Ripon, CA, and authorizing the City Clerk to file a Notice of Completion.
Consent
8. Consider approving the 2025 Guidance Manual for Development Stormwater Quality Control Measures. (Funding Source: Stormwater Fund)
Resolution approving the 2025 Guidance Manual for Development Stormwater Quality Control Measures.
ENGINEERING SERVICES; Jaspreet Mangat, 209-577-5253,
[email protected]
ACTION: (Escutia-Braaton/Bavaro; 7/0) Resolution 2025-308 approving the 2025 Guidance Manual for Development Stormwater Quality Control Measures.
Consent
9. Consider accepting the PPA 17 East Unit Subdivision Public Improvements located at the northeast corner of Floyd Ave and Oakdale Rd and authorizing the City Clerk to file a Notice of Completion with the Stanislaus County Recorder’s office and releasing securities upon expiration of statutory periods. (Funding Source: Developer Funded) Resolution accepting the Public Improvements of the PPA-17 East Unit Subdivision located at the northeast corner of Floyd Ave and Oakdale Rd, authorizing the City Clerk to file a Notice of Completion with the Stanislaus County Recorder’s office, and releasing securities.
ENGINEERING SERVICES; Jaspreet Mangat, 209-571-5253,
[email protected]
ACTION: (Escutia-Braaton/Bavaro; 7/0) Resolution 2025-309 accepting the Public Improvements of the PPA-17 East Unit Subdivision located at the northeast corner of Floyd Ave and Oakdale Rd, authorizing the City Clerk to file a Notice of Completion with the Stanislaus County Recorder’s office, and releasing securities.
Consent
10. Consider accepting an Informational Report for the June 2025 Accounts Payable Payment Register and Void Report. (Funding Source: Not Applicable) Motion accepting an Informational Report for the June 2025 Accounts Payable Payment Register and Void Report.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Escutia-Braaton/Bavaro; 7/0) Motion accepting an Informational Report for the June 2025 Accounts Payable Payment Register and Void Report.
Consent
11. Consider approving an Agreement with Telemedicine Group, DE LLC, Sacramento, - 7 -
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California, for Comprehensive Heart Health Assessments for First Responders for a total not to exceed $112,820. (Funding Source: Byrne Justice Assistant Grant Funds) Resolution approving an Agreement with Telemedicine Group, DE LLC, Sacramento, California, for Comprehensive Heart Health Assessments for First Responders for a total amount not to exceed $112,820; and authorizing the City Manager, or his designee, to execute the Agreement.
POLICE DEPARTMENT; Chris Adams, 209-572-9500, [email protected] ACTION: (Escutia-Braaton/Bavaro; 7/0) Resolution 2025-310 approving an Agreement with Telemedicine Group, DE LLC, Sacramento, California, for Comprehensive Heart Health Assessments for First Responders for a total amount not to exceed $112,820; and authorizing the City Manager, or his designee, to execute the Agreement.
Consent
12. Consider approving the Agreement for Tire Technician Services for Fleet Services to McCoy Truck Tire Service Center, Modesto, CA for a total amount not to exceed $614,361 over five years. (Funding Source: Fleet Management Fund) Resolution approving the Award of Bid and Agreement for Tire Technician Services for Public Works Fleet Services to McCoy Truck Tire Service Center, Modesto, CA for a two-year Agreement with three one-year extension options, for annual estimated annual cost of $123,000 and a total amount not to exceed $614,361 over five years and authorizing the City Manager, or his designee, to execute the Agreement.
PUBLIC WORKS; Patrick Crowley, 209-342-2274, [email protected] ACTION: (Escutia-Braaton/Bavaro; 7/0) Resolution 2025-311 approving the Award of Bid and Agreement for Tire Technician Services for Public Works Fleet Services to McCoy Truck Tire Service Center, Modesto, CA for a two-year Agreement with three one-year extension options, for annual estimated annual cost of $123,000 and a total amount not to exceed $614,361 over five years and authorizing the City Manager, or his designee, to execute the Agreement.
Consent
13. Consider approving Agreements for the purchase of Equipment and Vehicle Parts and Repair Services with Altec Industries, Inc., Dixon, CA; Keyes Truck Center, Keyes, CA; and Bonander Truck and Trailer, Turlock, CA for a total combined amount not to exceed $1,010,000 over five years. (Funding Source: Fleet Fund, Outside Service Agreements)
Resolution approving Agreements for the purchase of Equipment and Vehicle Parts and Repair Services with Altec Industries, Inc., Dixon, CA; Keyes Truck Center, Keyes, CA; and Bonander Truck and Trailer, Turlock, CA for a twoyear Agreement with three one-year extension options for an annual combined estimated amount of $202,000 and a total combined amount not to exceed $1,010,000 over five years, and authorizing the City Manager, or his designee to execute the Agreements.
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PUBLIC WORKS; Patrick Crowley, 209-342-2274, [email protected] ACTION: (Escutia-Braaton/Bavaro; 7/0) Resolution 2025-312 approving Agreements for the purchase of Equipment and Vehicle Parts and Repair Services with Altec Industries, Inc., Dixon, CA; Keyes Truck Center, Keyes, CA; and Bonander Truck and Trailer, Turlock, CA for a two-year Agreement with three one-year extension options for an annual combined estimated amount of $202,000 and a total combined amount not to exceed $1,010,000 over five years, and authorizing the City Manager, or his designee to execute the Agreements.
Consent
14. Consider approving the Plans and Specifications for the Sisk Road Signal Coordination, CML 5059(264) Project, accepting the Bid and Awarding a Construction Contract to Bear Electrical Solutions, LLC of Alviso, CA in the amount of $731,713, authorizing $73,171 for contingency, for a total payment amount not to exceed $804,884. (Funding Source: Congestion Mitigation and Air Quality and Measure L Funds)
Resolution approving the Plans and Specifications for the Sisk Road Signal Coordination, CML 5059(264) Project, accepting the Bid and Awarding a Construction Contract to Bear Electrical Solutions, LLC of Alviso, CA in the amount of $731,713, and a ten percent contingency amount of $73,171, for a total amount not to exceed $804,884, and authorizing the City Manager, or his designee, to execute the Agreement.
PUBLIC WORKS; Max Navarro, 209-571-5116, [email protected] ACTION: (Escutia-Braaton/Bavaro; 7/0) Resolution 2025-313 approving the Plans and Specifications for the Sisk Road Signal Coordination, CML 5059(264) Project, accepting the Bid and Awarding a Construction Contract to Bear Electrical Solutions, LLC of Alviso, CA in the amount of $731,713, and a ten percent contingency amount of $73,171, for a total amount not to exceed $804,884, and authorizing the City Manager, or his designee, to execute the Agreement.
COUNCIL COMMENTS & REPORTS
Councilmember Wright provided an update on homeless services, noting that in July the Downtown Streets Teams removed 8,100 pounds of trash and secured housing for two individuals. He highlighted new programs, including a safe sleeping site for men at Gospel Mission, rapid rehousing support for 19 individuals, and the planned reconstruction of the El Capitan Motel into 49 permanent supportive housing units, with priority for veterans.
Councilmember Williams shared a message, wishing his wife Nancy a happy anniversary and expressing gratitude for their life together.
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Councilmember Ricci emphasized the need for Animal Services to explore new strategies to expand services within the existing budget while increasing revenue. He expressed interest in seeing innovative approaches implemented to address these challenges. Vice-Mayor Bavaro informed the Council that some farming investors are operating wells in deficit and may seek assistance from Modesto’s water supply. He emphasized the need to protect City ratepayers and water quality while planning for the city’s longterm water needs. Mayor Zwahlen reported on recent City activities, including decorating a Grace Gardens bridge housing unit, meeting with international students through the Sister Cities initiative, attending a Modesto street-naming history presentation, and participating in a Stanislaus County biomass roundtable. She also noted visits from the Modesto Police Department’s canine unit and interactions with students at Modesto Junior College.
CITY MANAGER COMMENTS & REPORTS
None.
MATTERS TOO LATE FOR THE AGENDA
None.
ADJOURNMENT
This meeting adjourned at 6:51 p.m.
Attest: ____________________________
Diane Nayares-Perez, City Clerk