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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, November 04, 2025 at 5:30 PM
Special City Council – Closed Session Meeting 4:00 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: Jeremy Brown, Chaplain Doctors Medical Center City Clerk’s Announcements: Item 3 – The Minutes for the October 28, 2025 Council Meeting have been updated to reflect a change related to Closed Session. The Amended Minutes have been distributed to Council and copies are available at the entrance of the Chambers.
Declaration of Conflicts of Interest: Item 15 – Councilmember Williams recused Reports from Closed Session: No reportable action taken. - 2 -
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ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Proclamation declaring November 11th as Veteran's Day. (Funding Source: Not Applicable)
CITY COUNCIL; Breanna Griffin, 209-577-5421, [email protected] ACTION: Mayor Zwahlen presented a proclamation declaring November 11th as Veteran's Day.
MISCELLANEOUS
2. Consider accepting the resignation of Jan Viss from the Citizens’ Salary Setting Commission. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution accepting the resignation of Jan Viss from the Salary Setting Commission.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Alvarez; 7/0) Resolution 2025-388 accepting the resignation of Jan Viss from the Salary Setting Commission.
PUBLIC COMMENT PERIOD
Suzy requested the City revisit the Mask Ordinance, stating that protesters need masks for safety from surveillance, vehicle emissions, and crowd-control measures, and asked the local government to protect peaceful demonstrators. Avonelle Tomlinson opposed Modesto’s mask ban, stating it is more restrictive than the state’s and disproportionately affects people of color. She referenced a potential ACLU lawsuit, arguing that continuing the ban is unlawful and a waste of City funds that could be better used for local needs.
Jose urged the City to repeal the mask Ordinance, arguing it disproportionately affects underserved communities and would be difficult to enforce across Modesto’s County pockets. He recommended allowing police to focus on core public safety duties rather than enforcing mask restrictions.
John X Mataka, representing Valley Improvement Projects, urged the City to address the Mask Ordinance, noting that the ACLU and First Amendment Coalition had requested its repeal or amendment. He stated that delaying action for surveys does not resolve legal issues and highlighted a perceived inconsistency allowing police to wear masks while prohibiting protesters from doing so.
Dan Vega opposed demolishing Modesto Center Plaza for a soccer stadium and proposed keeping it as a civic space. He suggested using the plaza for community clubs, events, and social activities when not booked, modeled as a nonprofit-run community center to foster civic engagement and social connection. - 3 -
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Ryann Hall, representing Cal Pride, criticized the Mask Ordinance as unconstitutional, unworkable, and a misuse of taxpayer funds. She emphasized that the community can safely organize and manage events without restrictive policies, highlighted the importance of protecting First Amendment rights, and urged the City to involve organizers with lived experience in creating effective policies for peaceful assembly. Gavin Bruce criticized the Mask Ordinance, citing a June protest where police actions appeared confrontational and excessive. He highlighted perceived disparities in accountability, noting that powerful officials face fewer restrictions while protesters, including homeless youth, face strict rules. He also raised concerns about surveillance and law enforcement cooperation with federal agencies, urging the City to repeal the Ordinance.
Julianne Phillips, a representative from Senator Alvarado-Gil’s office provided a brief Legislative update to the City Council. She highlighted a recent visit to the Modesto Irrigation District Regional Water Treatment Plant in Waterford, where discussions focused on water sustainability and treatment. The Senator also participated in a wellattended community meet-and-greet at a local Baptist church near the King Kennedy Center, offering resources related to food access, education, and childcare. She also expressed appreciation for the Veterans Day proclamation and noted that the Senator is sponsoring the upcoming Veterans Day parade in Modesto. Additionally, mobile office hours will be held at the Gala Center next Tuesday.
Laura Connor, delivered a satirical yet critical public comment addressing issues of racial inequality, law enforcement accountability, and perceived inaction by the City Council. Using irony, she highlighted concerns about systemic privilege, the treatment of marginalized communities, and the Council’s response to recent protests and legal actions. She questioned the prioritization of authority and compliance over justice and civic responsibility and expressed disapproval of the City's financial decisions related to a recent ACLU lawsuit. Her remarks concluded with a pointed critique of leadership and a call for greater accountability.
Anthony Drobnic delivered a satirical proclamation using irony to express deep frustration with the City Council’s perceived inaction and lack of accountability. He criticized Council Members for ignoring community input, failing to act on recommendations from the Police Review Board, and contributing to costly legal issues. He accused the Council of prioritizing appearances over substance and expressed disappointment in their leadership over the past several months. He concluded by stating that the community deserves more responsive and committed representation.
Nic stated that wearing masks is necessary for personal and public health, including protecting vulnerable individuals. He criticized the City Council for not placing the Mask Ordinance on the agenda, argued that it disproportionately targets marginalized groups, and raised concerns about potential legal costs and lack of societal benefit. - 4 -
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Steve described a Pride event in Modesto that was disrupted by an individual with antiLGBTQ messages, noting delayed police response and concerns about public safety.
He criticized the Municipal Code for failing to adequately protect community members and argued that current policies put residents at risk. Julissa shared past experiences of being targeted by white supremacists while engaging in campus advocacy at CSU Stanislaus and stated that law enforcement failed to provide protection. She emphasized the importance of allowing masks for personal safety and criticized the City Council for not addressing the Mask Ordinance while continuing to fund the Police Department.
Harlan Diven questioned the City Council’s legal advice on the Mask Ordinance, noting that the primary attorneys consulted have limited First Amendment expertise.
They emphasized that clothing could constitute expressive speech, highlighted the importance of protecting protesters’ privacy and safety, and stressed that First Amendment rights are not subject to majority opinion or surveys. Nora expressed support for not tearing down the Centre Plaza, she also criticized the enforcement of Modesto’s Mask Ordinance, citing violent arrests of BIPOC protesters on June 14, 2025, while other protests were treated more leniently. She argued the Ordinance enables profiling based on ethnicity and political views, violates First Amendment rights, and called on the Council to amend or repeal it. Kevin McClarty stated that the Mask Ordinance facilitates surveillance and targeting of community members, including by extremist groups, referenced recent ICE actions, and urged the City Council to consider community concerns and take protective measures.
Written General Public Comment Received
CITY CLERK; City Clerk, 209-577-5396, [email protected] CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS: 3-6, 8-14 (Wright/Williams; 7/0)
CONSENT
Consent
3. Consider approving the minutes for the October 28, 2025 Council Meeting. (Funding Source: Not Applicable)
Motion approving the minutes for the October 28, 2025 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Williams; 7/0) Motion approving the minutes as amended for the October 28, 2025 Council Meeting.
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Consent
4. Consider approving the 2026 Calendar of regularly scheduled City Council and Council Standing Committee meetings. (Funding Source: Not Applicable) Resolution approving the 2026 City Calendars of regularly scheduled City Council and Council Standing Committee meetings.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2025-389 approving the 2026 City Calendars of regularly scheduled City Council and Council Standing Committee meetings.
Consent
5. Consider approving the recommended budget adjustments to Fiscal Year 2025-26 Annual Operating and Capital Improvement Program Budgets. (Funding Source:
Various Funds)
Resolution amending Fiscal Year 2025-26 Annual Operating and Capital Improvement Project Fund Budgets and authorizing the City Manager, to take the necessary steps to implement the provisions of this Resolution.
BUDGET; Kaceey Culbertson, 209-571-5855, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2025-390 amending Fiscal Year 2025- 26 Annual Operating and Capital Improvement Project Fund Budgets and authorizing the City Manager, to take the necessary steps to implement the provisions of this Resolution.
Consent
6. Consider approving an Agreement for Sidewalk Assessment and Repair Services with Precision Concrete Cutting, of Oakland, CA, for a total amount not to exceed $1,670,990 over five years. (Funding Source: Various Funds) Resolution approving an Agreement with Precision Concrete Cutting, of Oakland, CA, by utilizing the Competitive Bid Process with The Interlocal Purchasing System (TIPS), for Sidewalk Assessment and Sidewalk Repair Services for a two-year Agreement with three one-year extension options, for an estimated annual amount of $334,198, and a total amount not to exceed $1,670,990, over five years and authorizing the City Manager, or his designee, to execute the Agreement.
ENGINEERING SERVICES; Nathan Houx, 209-571-5526, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2025-391 approving an Agreement with Precision Concrete Cutting, of Oakland, CA, by utilizing the Competitive Bid Process with The Interlocal Purchasing System (TIPS), for Sidewalk Assessment and Sidewalk Repair Services for a two-year Agreement with three one-year extension options, for an estimated annual amount of $334,198, and a total amount not to exceed $1,670,990, over five years and authorizing the City Manager, or his designee, to execute the Agreement.
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Removed from Consent
7. Consider approving an Agreement with Callander Associates, of Gold River, CA to prepare conceptual design for the Pelandale Streetscape Improvement Project for a total amount not to exceed $327,543. (Funding Source: Measure H) Resolution approving an Agreement with Callander Associates, of Gold River, CA, to prepare conceptual design for the Pelandale Streetscape Improvement Project in the amount of $297,766, plus $29,777, if needed, for an Agreement total amount not to exceed $327,543 and authorizing the City Manager, or his designee, to execute the Agreement.
ENGINEERING SERVICES; Nathan Houx, 209-571-5526, [email protected] ACTION: (Escutia-Braaton/Wright; 7/0) Resolution 2025-392 approving an Agreement with Callander Associates, of Gold River, CA, to prepare conceptual design for the Pelandale Streetscape Improvement Project in the amount of $297,766, plus $29,777, if needed, for an Agreement total amount not to exceed $327,543 and authorizing the City Manager, or his designee, to execute the Agreement.
Consent
8. Consider approving the Plans and Specifications for the 2025 Playground Replacement Project, accepting the Bid and Awarding a Construction Contract to Jessop Holding Co. LLC dba Sierra Play Partners, of Ripon, CA, in the amount not to exceed $1,311,124. (Funding Source: Measure H)
Resolution approving the Plans and Specifications for the 2025 Playground Replacement Project, accepting the Bid and Awarding a Construction Contract to Jessop Holding Co., LLC dba Sierra Play Partners, of Ripon, CA, in the amount of $1,214,003, authorizing $97,121 for contingency (if needed), for a total payment amount not to exceed $1,311,124, and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution amending the Fiscal Year 2025-26 Capital Improvement Program budget to fund Project #101603 (24/25 Deferred Maintenance – Measure H) and Project #101602 (24/25 Preventative Maintenance – Measure H) in an amount not to exceed $68,443 in transfers, revenue, and to budget expenditures to fund the project, and authorizing the City Manager, or his designee, to implement the provisions of this Resolution.
ENGINEERING SERVICES; Nathan Houx, 209-571-5526, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2025-393 approving the Plans and Specifications for the 2025 Playground Replacement Project, accepting the Bid and Awarding a Construction Contract to Jessop Holding Co., LLC dba Sierra Play Partners, of Ripon, CA, in the amount of $1,214,003, authorizing $97,121 for contingency (if needed), for a total payment amount not to exceed $1,311,124, and authorizing the City Manager, or his designee, to execute the Agreement.
ACTION: (Wright/Williams; 7/0) Resolution 2025-394 amending the Fiscal Year 2025-26 Capital Improvement Program budget to fund Project #101603 (24/25 - 7 -
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Deferred Maintenance – Measure H) and Project #101602 (24/25 Preventative Maintenance – Measure H) in an amount not to exceed $68,443 in transfers, revenue, and to budget expenditures to fund the project, and authorizing the City Manager, or his designee, to implement the provisions of this Resolution.
Consent
9. Consider accepting the Mary Grogan Community Park Parking Lot Resurfacing Project as complete, releasing securities, releasing payments totaling $79,095 to DRT Grading & Paving, Inc. of Sunol, CA, and authorizing the City Clerk to file a Notice of Completion. (Funding Source: Measure H)
Resolution accepting Mary Grogan Community Park Parking Lot Resurfacing Project as complete, releasing securities, releasing payments totaling $79,095 to DRT Grading & Paving, Inc. of Sunol, CA, and authorizing the City Clerk to file a Notice of Completion.
ENGINEERING SERVICES; Peter Kambel, 209-577-5444, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2025-395 accepting Mary Grogan Community Park Parking Lot Resurfacing Project as complete, releasing securities, releasing payments totaling $79,095 to DRT Grading & Paving, Inc. of Sunol, CA, and authorizing the City Clerk to file a Notice of Completion.
Consent
10. Consider accepting an Informational Report for the September 2025 Accounts Payable Payment Register and Void Report. (Funding Source: Not Applicable) Motion accepting an Informational Report for the September 2025 Accounts Payable Payment Register and Void Report.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Wright/Williams; 7/0) Motion accepting an Informational Report for the September 2025 Accounts Payable Payment Register and Void Report.
Consent
11. Consider accepting the Monthly Investment Report for August 2025. (Funding Source:
Various Funds)
Motion accepting the Monthly Investment Report for August 2025.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
ACTION: (Wright/Williams; 7/0) Motion accepting the Monthly Investment Report for August 2025.
Consent
12. Consider approving an Agreement for the furnishing of External Auditing Services and Preparation of Financial Statements to Vasquez and Company LLP, Glendale, CA, for a total amount not to exceed $972,800 over five years. (Funding Source: Various - 8 -
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Funds)
Resolution approving the Award of Proposal and Agreement for the furnishing of External Auditing Services and Preparation of Financial Statements to Vasquez and Company LLP, Glendale, CA, for a three-year Agreement with two one-year extension options, for an estimated annual amount of $194,560, and a total amount not to exceed $972,800 over five years; and authorizing the City Manager or his designee, to execute the Agreement.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Wright/Williams; 7/0) Resolution 2025-396 approving the Award of Proposal and Agreement for the furnishing of External Auditing Services and Preparation of Financial Statements to Vasquez and Company LLP, Glendale, CA, for a three-year Agreement with two one-year extension options, for an estimated annual amount of $194,560, and a total amount not to exceed $972,800 over five years; and authorizing the City Manager or his designee, to execute the Agreement.
Consent
13. Consider introducing and waiving the first reading of an Ordinance repealing and replacing Chapter 1 of Title 3 of the Modesto Municipal Code amending the City’s Fire Code to adopt the 2025 California Fire Code. (Funding Source: Not Applicable) Motion introducing and waiving the first reading of an Ordinance repealing and replacing Chapter 1 of Title 3 of the Modesto Municipal Code amending the City’s Fire Code to adopt the 2025 California Fire Code.
FIRE DEPARTMENT; David Bickle, 209-571-5553, [email protected] ACTION: (Wright/Williams; 7/0) Motion introducing and waiving the first reading of an Ordinance repealing and replacing Chapter 1 of Title 3 of the Modesto Municipal Code amending the City’s Fire Code to adopt the 2025 California Fire Code.
Consent
14. Consider approving an Agreement for operation of the King-Kennedy Memorial Center to the West Modesto Community Collaborative of Modesto, CA, for ten years. (Funding Source: General Fund)
Resolution approving the Award of Proposal and Agreement for operation of the King-Kennedy Memorial Center to the West Modesto Community Collaborative of Modesto, CA, for ten years; and authorizing the City Manager, or his designee to execute the Agreement.
PRN; John Skeel, 209-577-5216, [email protected]
ACTION: (Wright/Williams; 7/0) Resolution 2025-397 approving the Award of Proposal and Agreement for operation of the King-Kennedy Memorial Center to the West Modesto Community Collaborative of Modesto, CA, for ten years; and authorizing the City Manager, or his designee to execute the Agreement. - 9 -
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COUNCIL COMMENTS & REPORTS
Councilmember Williams described a recent event hosted by Bristol Hospice of Northern California in Modesto, highlighting community support for individuals with loved ones in hospice care. He also noted an upcoming event on November 13th at the McHenry Museum honoring neighborhood heroes, encouraging community attendance.
Councilmember Ricci discussed safety concerns on Orangeburg Avenue, citing reckless driving, DUI, and property damage, and suggested exploring daylighting street design to slow traffic. He also mentioned excitement about a new Kura revolving sushi restaurant opening November 14th at Vintage Faire Mall and called for regulation of ebikes on local trails. Councilmember Alvarez addressed traffic safety concerns on Tuolumne Boulevard near Muni Golf Course, recommending a traffic calming assessment to address speeding and reckless driving, particularly on weekends. He also highlighted a nominated hometown hero, Blanca Marin, recognized for her work with the West Modesto Community Collaborative, and noted the upcoming citywide recognition event at the McHenry Museum.
Mayor Zwahlen shared recent community events, including hosting trick-or-treaters at City Hall on Halloween, participating in a youth 10K run organized by the Police Department promoting character development, and attending the “Size Up” community launch with the Latino Chamber of Commerce, which provides comprehensive resources for starting a business in Modesto.
CITY MANAGER COMMENTS & REPORTS
None.
UNFINISHED BUSINESS
15. Consider an update regarding the Seventh Street Village Project as proposed, provide direction on current and additional funding for the project and direction on whether to hold the required Tax Equity and Fiscal Responsibility Act (TEFRA) hearing. (Funding Source: Various Funds)
Motion to accept an update regarding the Seventh Street Village Project as proposed, provide direction on current and additional funding for the project and whether to hold the required Tax Equity and Fiscal Responsibility Act (TEFRA) hearing.
CED; Edgar Garcia, 209-571-5101, [email protected] ACTION: (Alvarez/Escutia-Braaton; 6/0; Williams Recused) Motion to accept an update regarding the Seventh Street Village Project as proposed, allocate no additional funding, and update scope to the connection of Dry Creek Trail to Downtown, and hold the required Tax Equity and Fiscal Responsibility Act (TEFRA) hearing. - 10 -
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MATTERS TOO LATE FOR THE AGENDA
None.
ADJOURNMENT
This meeting adjourned at 7:34 p.m.
Attest: ______________________________
Dana Sanchez, Assistant City Clerk
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All Closed Session Matters Heard Prior to the Meeting
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(a) of the Government Code) Name of case(s): Robert Hill v. City of Modesto
California Workers Compensation Appeals Board
Nos. Unassigned
*Recused due to Conflict of Interest (Real Property Interest) – Williams CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
One Case (Pursuant to Section 54956.9(d)(2) of the Government Code) CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
One Case (Pursuant to Section 54956.9(d)(2) of the Government Code) Letters from the American Civil Liberties Union Foundation and the First Amendment Coalition regarding Modesto Municipal Code Section 4-23.02 related to restrictions on use of specified items during public assembly.