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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, December 02, 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: Greg Masztal, Deacon at Saint Paul's Episcopal Church City Clerk’s Announcements: A Spanish interpreter is available at the front of the Chambers for anyone who needs assistance.
Declaration of Conflicts of Interest: None.
Reports from Closed Session: No reportable action.
PUBLIC COMMENT PERIOD
Steven Villarreal, a representative from the lowrider committee thanked the City Council and Mayor for their support of recent community events, including the - 2 -
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Lowrider Holiday and an event at Graceada Park. He presented plaques as a gesture of appreciation and noted that many committee members wished they could have attended.
Milt Trieweller urged the community to protect the county’s uniquely valuable farmland. He emphasized its irreplaceable soils, irrigation resources, and climate, stressing that it must be preserved for future generations. He called for stopping development on farmland within the irrigation districts and instead focusing growth on City infill and blighted areas. He said safeguarding this farmland is a responsibility to children and descendants who cannot advocate for themselves. Dan Vega expressed concern about the consistent Christian prayer given after the Pledge of Allegiance at recent meetings. He questioned whether it is appropriate or constitutional, noting that it may unintentionally promote a single religion. He suggested allowing prayers during public comment instead of making them part of the meeting’s standard procedure.
A speaker raised concerns about the City’s handling of Municipal Code 4.23, saying the process lacks transparency, gives too much influence on police, and doesn’t reflect meaningful community input. She said the Ordinance was misused during the June protest, the rewrite makes no real changes, and important oversight recommendations and legal findings were not addressed. She urged the Council to release the Attorney’s report, provide evidence for its claims, and listen to the community. Kevin McClarty urged the Council to address the lack of late-night businesses west of McHenry Avenue, noting that pharmacies and most restaurants now close early due to theft concerns and changing policies. He asked the City to encourage development to revitalize the area and avoid it becoming a “ghost town” at night. Steve addressed City officials’ treatment of community members, families, and individuals with mental health crises, citing police violence and disrespectful behavior by staff. He also spoke against systemic targeting of Afghan residents and urged the Council to stand up for marginalized groups and uphold democratic values. Rochelle Levi, NAACP Religious Affairs Chair, announced the passing of Gladys Williams, a lifetime member and former NAACP president. Williams was a longtime educator and community advocate who fought for equity and civil rights. A private service will be held in February to honor her contributions to the City. Anthony Drobnick spoke about the underfunding of Modesto’s Community Police Review Board (CPRB). He urged the Council to reallocate part of the Police Department’s budget to provide the CPRB with funding, stipends, and the ability to hold police accountable. He emphasized that a well-funded CPRB would improve community safety and trust and called for meaningful support rather than symbolic gestures.
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A speaker criticized the handling of the mask Ordinance survey, saying it lacked context and misled respondents about its purpose. They stressed that a proper survey should explain the background, such as arrests of peaceful protesters, before asking for support, and compared the issue to other laws that appear sensible but have been applied unfairly.
Harlan Diven called for an independent investigation into the June 14th protest arrests, arguing that organizers and speakers were targeted, and First Amendment rights were chilled. She noted the Community Police Review Board’s recommendations have been ignored and emphasized the need for City action to address distrust in the police. Nora Garcia expressed concern about the City hosting Christian prayers at Council meetings and public events, arguing that it is exclusionary, potentially unconstitutional, and alienates people of other faiths or no religion, discouraging their involvement in City government.
Laura Plascencia urged the Modesto City Council to take action against ICE operations in Stockton, citing reports of people being detained without due process and separated from their families. They asked the Council to use its influence to help remove ICE from the area and ensure detainees are returned to their families safely. Dr. Samuel Ephraim expressed appreciation for Modesto’s police officers and firefighters, emphasizing their dedication and the risks they take to protect the community. He shared a personal connection to law enforcement and urged residents to recognize and value their service.
Written General Public Comment Received (Funding Source: Not Applicable) CITY CLERK; City Clerk, 209-577-5396, [email protected] CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS: 1, 3-9 (Alvarez/Williams; 7/0)
CONSENT
Consent
1. Consider approving the minutes for the November 25, 2025 Council Meeting. (Funding Source: Not Applicable)
Motion approving the minutes for the November 25, 2025 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Alvarez/Williams; 7/0) Motion approving the minutes for the November 25, 2025 Council Meeting.
Removed from Consent
2. Consider approving Final Adoption of Ordinance 3803-C.S. amending Section 25-3-9 Of the Zoning Map of the City of Modesto to Rezone from Highway Commercial (C3) Zone, to Low Density Residential (R-1) Zone, property located at 3401 N. Mcclure - 4 -
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Road (Self Help Enterprises) (Funding Source: Not Applicable) Motion approving Final Adoption of Ordinance 3803-C.S. amending Section 25-3-9 Of the Zoning Map of the City of Modesto to Rezone from Highway Commercial (C-3) Zone, to Low Density Residential (R-1) Zone, property located at 3401 N. Mcclure Road (Self Help Enterprises) CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Bavaro/Wright; 7/0) Motion approving Final Adoption of Ordinance 3803-C.S. amending Section 25-3-9 Of the Zoning Map of the City of Modesto to Rezone from Highway Commercial (C-3) Zone, to Low Density Residential (R-1) Zone, property located at 3401 N. Mcclure Road (Self Help Enterprises) Consent
3. Consider approving a Fourth Amendment to the Legal Services Agreement with Swingle, Van Egmond, Heitlinger for continued representation in tort cases, to adjust hourly rates and increasing the amount by $250,000 and Fifth Amendment to the Legal Services Agreement with Sanders Roberts, LLP for continued representation in personnel matters, increasing the agreement amount by $200,000. (Funding Source:
General Liability Insurance Fund)
Resolution approving a Fourth Amendment to the Legal Services Agreement with Swingle, Van Egmond & Heitlinger adjusting hourly rates and increasing the agreement amount by $250,000, for a total Agreement amount not to exceed $1,200,000 for continued representation in tort cases, and authorizing the City Manager or his designee, to execute the Amendment.
Resolution approving a Fifth Amendment to the Legal Services Agreement with Sanders Roberts, LLP increasing the agreement amount by $200,000, for a total Agreement amount not to exceed $895,000, for continued representation in personnel matters, and authorizing the City Manager, or his designee, to execute the Amendment.
CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected] ACTION: (Alvarez/Williams; 7/0) Resolution 2025-411 approving a Fourth Amendment to the Legal Services Agreement with Swingle, Van Egmond & Heitlinger adjusting hourly rates and increasing the agreement amount by $250,000, for a total Agreement amount not to exceed $1,200,000 for continued representation in tort cases, and authorizing the City Manager or his designee, to execute the Amendment.
ACTION: (Alvarez/Williams; 7/0) Resolution 2025-412 approving a Fifth Amendment to the Legal Services Agreement with Sanders Roberts, LLP increasing the agreement amount by $200,000, for a total Agreement amount not to exceed $895,000, for continued representation in personnel matters, and authorizing the City Manager, or his designee, to execute the Amendment.
Consent
4. Consider accepting the West Trunk Sewer Rehabilitation Project as complete, releasing securities, releasing payments totaling $19,069,333 to SAK Construction, LLC of - 5 -
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O’Fallon, MO, and authorizing the City Clerk to file a Notice of Completion (Funding Source: Wastewater Fund)
Resolution accepting West Trunk Sewer Rehabilitation Project as complete, releasing securities, releasing payments totaling $19,069,333 to SAK Construction, LLC of O’Fallon, MO, and authorizing the City Clerk to file a Notice of Completion.
ENGINEERING SERVICES; Peter Kambel, 209-577-5444, [email protected] ACTION: (Alvarez/Williams; 7/0) Resolution 2025-413 accepting West Trunk Sewer Rehabilitation Project as complete, releasing securities, releasing payments totaling $19,069,333 to SAK Construction, LLC of O’Fallon, MO, and authorizing the City Clerk to file a Notice of Completion.
Consent
5. Consider accepting the Monthly Investment Report for September 2025. (Funding Source: Various Funds)
Motion accepting the Monthly Investment Report for September 2025.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
ACTION: (Alvarez/Williams; 7/0) Motion accepting the Monthly Investment Report for September 2025.
Consent
6. Consider accepting an Informational Report on the September and October 2025 Grant Applications and Awards. (Funding Source: Not Applicable) Motion accepting an Informational Report for September and October 2025, Grant Applications and Awards.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Alvarez/Williams; 7/0) Motion accepting an Informational Report for September and October 2025, Grant Applications and Awards.
Consent
7. Consider accepting an Informational Report for the October 2025 Accounts Payable Payment Register and Void Report. (Funding Source: Not Applicable) Motion accepting an Informational Report for the October 2025 Accounts Payable Payment Register and Void Report.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Alvarez/Williams; 7/0) Motion accepting an Informational Report for the October 2025 Accounts Payable Payment Register and Void Report.
Consent
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8. Consider approving the payment for furnishing of street sweeping material receiving service and City-wide disposal services with various garbage disposal businesses located in Stanislaus County for a total amount not to exceed $5,150,000 over five years. (Funding Source: Various Funds)
Resolution approving the payment for furnishing of street sweeping material receiving service and City-wide disposal services with various garbage disposal businesses located in Stanislaus County for a one-year Agreement with four one-year extension options, for an estimated annual cost of $1,030,000 and a total amount not to exceed $5,150,000 over five years; and authorizing the Director of Finance or her designee, to issue the Purchase Order.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] ACTION: (Alvarez/Williams; 7/0) Resolution 2025-414 approving the payment for furnishing of street sweeping material receiving service and City-wide disposal services with various garbage disposal businesses located in Stanislaus County for a one-year Agreement with four one-year extension options, for an estimated annual cost of $1,030,000 and a total amount not to exceed $5,150,000 over five years; and authorizing the Director of Finance or her designee, to issue the Purchase Order.
Consent
9. Consider approving the Third Amendment with BrightView Golf Maintenance, Inc., Modesto, CA., in partnership with KemperSports Management, Northbrook, IL., for Golf Management and Maintenance Services increasing the Agreement amount by $6,612,832 and extending the term of the Agreement from December 31, 2025 to December 31, 2026, with a one one-year extension option from January 1, 2027 to December 31, 2027. (Funding Source: Golf Fund)
Resolution approving the Third Amendment to the Agreement with BrightView Golf Maintenance, Inc., Modesto, CA., in partnership with KemperSports Management, Northbrook, IL., for Golf Management and Maintenance Services increasing the Agreement amount by $6,612,832, to a new estimated annual amount of $3,306,416, a new total amount of $20,775,570 through the term of the agreement and extending the term of the Agreement from December 31, 2025 to December 31, 2026 with a one one-year extension option from January 1, 2027 to December 31, 2027; and authorizing the City Manager, or his designee to execute the Amendment.
PRN; Jessica Franco, 209-577-5278, [email protected] ACTION: (Alvarez/Williams; 7/0) Resolution 2025-415 approving the Third Amendment to the Agreement with BrightView Golf Maintenance, Inc., Modesto, CA., in partnership with KemperSports Management, Northbrook, IL., for Golf Management and Maintenance Services increasing the Agreement amount by $6,612,832, to a new estimated annual amount of $3,306,416, a new total amount of $20,775,570 through the term of the agreement and extending the term of the Agreement from December 31, 2025 to December 31, 2026 with a one one-year extension option from January 1, 2027 to December 31, 2027; and authorizing the City Manager, or his designee to execute the Amendment.
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COUNCIL COMMENTS & REPORTS
Councilmember Alvarez invited the community to the South Modesto Businesses United Annual Christmas Posada, featuring free toys, grocery bags, and hot chocolate.
He also encouraged City committee members and commissioners to attend and contribute their expertise to community planning.
Councilmember Williams advised a service for Gladys Williams will be held on February 20th at 11:00 a.m. at 825 Seventh Street in Modesto, following her cremation, to celebrate her life.
Councilmember Ricci addressed reforms for Stanislaus Animal Services, advocating for a nonprofit model, spay/neuter and TNR programs, and better support for volunteers. He also highlighted upcoming improvements at Mancini Park using Measure H funds and noted that Center Plaza’s challenges stem from deferred maintenance and ongoing budget deficits.
Vice-Mayor Bavaro shared insights from his 13th ride-along with Modesto Police’s Crime Reduction Team, highlighting their work on neighborhood safety, addressing drug activity, and removing illegal firearms and fireworks. He noted the team will expand from six to eight officers.
Mayor Zwahlen highlighted the upcoming 2050 General Plan Update community meetings on December 16–18th, shared her experience serving meals at the Modesto Gospel Mission, attended Fire Chief Wise’s retirement ceremony, and participated in the South Modesto Business United Tree Lighting event.
CITY MANAGER COMMENTS & REPORTS
None.
NEW BUSINESS
10. Consider approving an Urgency Ordinance and Non-Urgency Ordinance Amending the City of Modesto Municipal Code Title 4, Chapter 23, “Restrictions on use of Specified Items During Public Assembly,” providing various revisions to the time, place and manner regulations as to public assemblies. (Funding Source: Not Applicable) Motion waiving the reading and adopting an Urgency Ordinance Amending the City of Modesto Municipal Code Title 4, Chapter 23, “Restrictions on Use of Specified Items During Public Assembly,” Providing Various Revisions to the Time, Place And Manner Regulations As To Public Assemblies. Motion introducing and waiving the first reading of an Ordinance Amending the City of Modesto Municipal Code Title 4, Chapter 23, “Restrictions on Use of Specified Items During Public Assembly,” Providing Various Revisions to the Time, Place And Manner Regulations as to Public Assemblies.
POLICE DEPARTMENT; Brandon Gillespie, 209-572-9500,
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[email protected]
Recessed: 7:45 p.m.
Reconvened: 7:51 p.m.
ACTION: (Bavaro/Wright; 7/0) Motion waiving the reading and adopting an Urgency Ordinance 3804-C.S. amending the City of Modesto Municipal Code Title 4, Chapter 23, “Restrictions on Use of Specified Items During Public Assembly,” Providing Various Revisions to the Time, Place And Manner Regulations As To Public Assemblies.
ACTION: (Bavaro/Escutia-Braaton; 7/0) Motion introducing and waiving the first reading of an Ordinance 3805-C.S. amending the City of Modesto Municipal Code Title 4, Chapter 23, “Restrictions on Use of Specified Items During Public Assembly,” Providing Various Revisions to the Time, Place and Manner Regulations as to Public Assemblies.
MATTERS TOO LATE FOR THE AGENDA
None.
ADJOURNMENT
This meeting adjourned at 8:17 P.M.
Attest: ____________________________
Diane Nayares-Perez, City Clerk