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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 09, 2025 at 5:30 PM
Special City Council – Closed Session Meeting 4:30 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: Mike Gunnarson, 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. Presentations of the Certificate of Achievement for Excellence in Financial Reporting and Popular Annual Financial Reporting Award by Government Finance Officers Association (GFOA) for Fiscal Year ending June 30, 2024, and Presentation for the - 2 -
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Distinguished Budget Presentation Award by GFOA for Fiscal Year 2025-2026 Budget. (Funding Source: Not Applicable)
FINANCE DEPARTMENT; DeAnna Christensen, 209-577-5387,
[email protected]
ACTION: City Manager Lopez presented the Certificate of Achievement for Excellence in Financial Reporting and Popular Annual Financial Reporting Award by Government Finance Officers Association (GFOA) for Fiscal Year ending June 30, 2024, and Presentation for the Distinguished Budget Presentation Award by GFOA for Fiscal Year 2025-2026 Budget.
PUBLIC COMMENT PERIOD
Lynelle Solomon urged the City Council to take immediate local action on the worsening housing crisis, emphasizing that many vulnerable community members are at risk as existing supports expire and federal funding is unavailable. She stated that emergency shelters—such as a possible short-term use of Modesto’s Century Plaza—are essential first steps to prevent people from falling into homelessness while long-term housing solutions are developed.
John Carvalho, a business owner, informed the Council that he received a notice about year-long roadwork near his shop and has been unable to find clear information online.
He asked for guidance on where to get details, and the Council directed him to staff who will provide the information and help him get connected. Nancy Robinson, president of the Modesto Garden Club, announced the club’s annual Elegant Holiday Table Viewing event on December 10th at Del Rio Country Club and mentioned plans for the 2026 Spring Garden Tour. She updated the Council on the club’s beautification work—including maintaining the Aileen Gallo Memorial Clock, planting downtown pots, and installing a Blue Star Memorial Marker—and highlighted a member recognized as Youth Leader of the Year in California. She thanked the Council for its support and wished everyone a Merry Christmas.
Lucas Spyksma suggested the City consider upgrading security technology, specifically recommending ZeroEyes software in schools and public facilities with added detection for sharp objects like knives.
Ray Ruiz, father of Trevor Seever, expressed frustration that nearly five years after his son’s death he sees no meaningful progress on police reform. He said nothing has changed, the review processes are ineffective, and he feels the Council does not genuinely care about accountability.
Darlene Ruiz, mother of Trevor Seever, listed the people she says were killed by Officer Joseph Lamantia and stated that he was never held accountable. She expressed frustration that charges against him were dropped, arbitration has still not happened, and police reform has seen no progress. She said some Councilmembers privately express support - 3 -
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but have not stood with her publicly, urging them to take real action instead of offering sympathy.
Harlan Diven echoed the Seever family’s concerns, saying Modesto’s Community Police Review Board is underfunded, ignored, and ineffective. She urged the Council to take its recommendations seriously, open an independent investigation into alleged wrongful arrests and injuries during June 2025 protests, and show greater accountability and attention to residents’ concerns about civil rights violations. Steve addressed the Council, saying the police killing of Trevor Seever reflects systemic issues and that the Council ignores calls for accountability and the Community Police Review Board’s recommendations. He noted some members have shown disrespect and hostility, emphasized that residents are forced to rely on leaders who aren’t listening, and ended by calling for a moment of silence for Seever.
Zafir Solomon urged the Council to prevent the loss of federal housing funds, citing waste and lack of accountability in past permanent housing projects. He noted costly local projects compared to more affordable alternatives elsewhere and emphasized that it is the Council’s responsibility to ensure people are not left homeless and to coordinate with county and state officials.
Juan Telles expressed concern that Councilmembers offered no comments during the recent discussion on the mask Ordinance, despite strong public interest. He urged them to be more transparent and engaged, share their perspectives, and not remain silent on issues that affect residents’ rights.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS: 2-7 (Alvarez/Wright; 7/0)
CONSENT
Consent
2. Consider approving the minutes for the December 2, 2025 Council Meeting. (Funding Source: Not Applicable)
Motion approving the minutes for the December 2, 2025 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Alvarez/Wright; 7/0) Motion approving the minutes for the December 2, 2025 Council Meeting.
Consent
3. Consider approving Final Adoption of 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. (Funding Source: Not Applicable) Motion approving Final Adoption of Ordinance 3805-C.S. amending the City - 4 -
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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.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Alvarez/Wright; 7/0) Motion approving Final Adoption of 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.
Consent
4. Consider approving the Mayor’s appointments to the City of Modesto Standing Committees, and City Council Liaison Committees; and appointing a Vice Mayor for the 2026 calendar year. (Funding Source: Not Applicable) Motion appointing Council Member Williams as Vice Mayor for the 2026 calendar year.
Motion approving the appointments to the City Council Standing Committees and City Council Liaison Committees for the 2026 calendar year.
CITY CLERK; Diane Nayares-Perez, 209-577-5398, [email protected] ACTION: (Alvarez/Wright; 7/0) Motion appointing Council Member Williams as Vice Mayor for the 2026 calendar year.
ACTION: (Alvarez/Wright; 7/0) Motion approving the appointments to the City Council Standing Committees and City Council Liaison Committees for the 2026 calendar year.
Consent
5. Consider approving the Seventh Amendment to the Joint Exercise of Powers Agreement between the City of Modesto and the County of Stanislaus for Emergency Dispatch Services to extend the Agreement to December 31, 2026 and appointing Mayor Zwahlen and Councilmember Wright as Commissioners to the Consolidated Emergency Dispatch Agency and Councilmember Escutia-Braaton as an Alternate Commissioner effective January 1, 2026. (Funding Source: Not Applicable) Resolution approving a Seventh Amendment to the Joint Exercise of Powers Agreement between the City of Modesto and the County of Stanislaus for Emergency Dispatch Services, amending Section 5.1 extending the expiration date to December 31, 2026, and authorizing the City Manager or his designee to execute the Amendment and appointing Mayor Zwahlen and Councilmember Wright as Commissioners to the Consolidated Emergency Dispatch Agency and Councilmember Escutia-Braaton as an Alternate Commissioner effective January 1, 2026.
CITY MANAGER; Scotty Douglass, 209-577-9149, [email protected] ACTION: (Alvarez/Wright; 7/0) Resolution 2025-416 approving a Seventh Amendment to the Joint Exercise of Powers Agreement between the City of Modesto - 5 -
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and the County of Stanislaus for Emergency Dispatch Services, amending Section 5.1 extending the expiration date to December 31, 2026, and authorizing the City Manager or his designee to execute the Amendment and appointing Mayor Zwahlen and Councilmember Wright as Commissioners to the Consolidated Emergency Dispatch Agency and Councilmember Escutia-Braaton as an Alternate Commissioner effective January 1, 2026.
Consent
6. Consider approving the purchase of a restroom building for the Sherwood Park Restroom Replacement Project from Public Restroom Company, of Minden, NV, for a total amount not to exceed $294,665. (Funding Source: Measure H) Resolution approving the Competitive Bidding Process from Sourcewell with Public Restroom Company, of Minden, NV, for the Purchase, Delivery, and Installation of a Restroom Building for Sherwood Park, for a total amount of $267,877, plus $26,788, for contingency, if needed, for a total amount not to exceed $294,665, and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.
ENGINEERING SERVICES; Nathan Houx, 209-571-5526, [email protected] ACTION: (Alvarez/Wright; 7/0) Resolution 2025-417 approving the Competitive Bidding Process from Sourcewell with Public Restroom Company, of Minden, NV, for the Purchase, Delivery, and Installation of a Restroom Building for Sherwood Park, for a total amount of $267,877, plus $26,788, for contingency, if needed, for a total amount not to exceed $294,665, and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.
Consent
7. Consider approving the Auditors’ Reports and Schedule of Measure L Program Revenues and Expenditures for Fiscal Year Ended June 30, 2024. (Funding Source:
Not Applicable)
Resolution approving the Fiscal Year 2023-2024 Auditor’s Report on Compliance of the Measure L: Local Roads First Transportation Funding Measure.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Alvarez/Wright; 7/0) Resolution 2025-418 approving the Fiscal Year 2023-2024 Auditor’s Report on Compliance of the Measure L: Local Roads First Transportation Funding Measure.
Removed from Consent
8. Consider approving the First Amendment with Grover Landscape Services, Inc. (Grover), Modesto, CA, for the Landscape Maintenance, Weed Abatement, Trash Removal, and Rodent Control Services, increasing the Agreement amount by $118,511. (Funding Source: Sewer Operations Fund)
Resolution approving the First Amendment with Grover Landscape Services, - 6 -
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Inc., Modesto, CA, for the Landscape Maintenance, Weed Abatement, Trash Removal, and Rodent Control Services, increasing the Agreement amount by $118,511, to a new estimated annual amount of $240,465, a new total amount of $1,148,858 through the term of the agreement; and authorizing the City Manager, or his designee, to execute the Amendment.
UTILITIES; Jeff Daniels, 209-577-6255, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2025-419 approving the First Amendment with Grover Landscape Services, Inc., Modesto, CA, for the Landscape Maintenance, Weed Abatement, Trash Removal, and Rodent Control Services, increasing the Agreement amount by $118,511, to a new estimated annual amount of $240,465, a new total amount of $1,148,858 through the term of the agreement; and authorizing the City Manager, or his designee, to execute the Amendment.
COUNCIL COMMENTS & REPORTS
Councilmember Wright highlighted Modesto’s recognition for National Night Out—#1 in California and #5 nationally—and praised the police, fire, and park teams. He reported significant drops in major violent and property crimes, auto thefts, and DUIs, commending the department for keeping the City safe.
Councilmember Ricci praised the City and MPD for successfully using Measure H funds to reduce crime and highlighted ongoing efforts to improve the Stanislaus Animal Shelter through the Fix SASA initiative, which has already signed up over 100 volunteers. He also suggested low-cost improvements to shelter operations to save more animals and encouraged community involvement.
Councilmember Williams thanked the Council for selecting him as Vice-Mayor for 2026, wished happy birthdays to his grandchildren, and extended holiday greetings, encouraging the community to show love and unity despite recent tragedies. Councilmember Escutia-Braaton thanked City employees, especially police and fire personnel, for their hard work over the past year. She reflected on the year’s challenges and successes and shared a heartfelt holiday poem wishing peace, love, and prosperity to the community.
Mayor Zwahlen highlighted local holiday events, including gift giveaways at United Posada, the Shriners Children’s Hospital tree lighting honoring a Modesto child, and the City’s parade, noting the joy and community spirit these events brought, especially for children.
CITY MANAGER COMMENTS & REPORTS
City Manager Lopez recognized Director of Public Works Bill Sandhu for his distinguished career with the City of Modesto. Sandhu, retiring on Christmas, served over 31 years, including as City Engineer and Public Works Director, overseeing major - 7 -
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projects like the $65 million Pelandale Interchange and eliminating the City’s highvoltage circuit. His contributions were praised as impactful and long-lasting.
HEARINGS
Published in the Modesto Bee on November 28, 2025 and December 5, 2025.
9. Hearing to consider approving Final Adoption of Ordinance 3802-C.S. 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 approving Final Adoption of Ordinance 3802-C.S. 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: (Bavaro/Williams; 7/0) Motion approving Final Adoption of Ordinance 3802-C.S. 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.
Published in the Modesto Bee on November 28, 2025
10. Hearing to consider accepting the Public Health Goals (PHG) on the City of Modesto’s water system, in compliance with Title 22 of the California Health and Safety Code (Funding Source: Not Applicable)
Resolution accepting the 2025 Public Health Goals in compliance with Title 22 of the California Health and Safety Code.
UTILITIES; Manuel Martinez, 209-342-4592, [email protected] ACTION: (Williams/Alvarez; 7/0) Resolution 2025-420 accepting the 2025 Public Health Goals in compliance with Title 22 of the California Health and Safety Code.
NEW BUSINESS
11. Consider approving the Plans and Specifications for Dryden Clubhouse Renovation Project, accepting the Bid and Awarding a Construction Contract to Diede Construction, Inc. of Lodi, CA., for a total payment amount not to exceed $9,278,564; consider approving an Agreement with Dillon & Murphy Engineering, of Lodi, CA, for Construction Management and Inspection Services for a total amount not to exceed $850,164; consider approving the issuance of an interfund loan in an amount not to exceed $4,930,841 from the Water Fund 4100 to the Golf Fund 4600 for the construction for Project 101294 Dryden Clubhouse Renovation; and consider approving the increase of the Green Fee by $5 and implementing dynamic pricing. (Funding Source: Various Funds)
Resolution approving the Plans and Specifications for the Dryden Clubhouse Renovation Project, accepting the Bid and Awarding a Construction Contract to Diede Construction, Inc. of Lodi, CA., in the amount of $8,591,263, authorizing $687,301, in contingency (if needed), for a total payment amount not to exceed $ 9,278,564, and authorizing the City Manager, or his designee, to execute the - 8 -
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Agreement.
Resolution approving an Agreement with Dillon & Murphy Engineering, of Lodi, CA, for Construction Management and Inspection Services for the Dryden Clubhouse Renovation Project in the amount of $772,876, plus $77,288 in additional services, if needed, for a total amount not to exceed $850,164, and authorizing the City Manager, or his designee, to execute the Agreement. Resolution issuing an interfund loan in an amount not to exceed $4,930,841 from the Water Fund 4100 to the Golf Fund 4600 for the construction for Project 101294 Dryden Clubhouse Renovation 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 implement the provisions of this Resolution.
Resolution amending the Fiscal Year 2025-26 Capital Improvement Program budget to fund Project #101294 (Dryden Clubhouse Renovation) in an amount not to exceed $7,723,929, 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.
Resolution increasing the Green Fees in accordance with Exhibit A and implementing dynamic pricing model.
ENGINEERING SERVICES; Nathan Houx, 209-571-5526, [email protected] ACTION: (Alvarez/Zwahlen; 7/0) Resolution 2025-421 approving the Plans and Specifications for the Dryden Clubhouse Renovation Project, accepting the Bid and Awarding a Construction Contract to Diede Construction, Inc. of Lodi, CA., in the amount of $8,591,263, authorizing $687,301, in contingency (if needed), for a total payment amount not to exceed $ 9,278,564, and authorizing the City Manager, or his designee, to execute the Agreement.
ACTION: (Alvarez/Zwahlen; 7/0) Resolution 2025-422 approving an Agreement with Dillon & Murphy Engineering, of Lodi, CA, for Construction Management and Inspection Services for the Dryden Clubhouse Renovation Project in the amount of $772,876, plus $77,288 in additional services, if needed, for a total amount not to exceed $850,164, and authorizing the City Manager, or his designee, to execute the Agreement.
ACTION: (Alvarez/Zwahlen; 7/0) Resolution 2025-423 issuing an interfund loan in an amount not to exceed $4,930,841 from the Water Fund 4100 to the Golf Fund 4600 for the construction for Project 101294 Dryden Clubhouse Renovation 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 implement the provisions of this Resolution.
ACTION: (Alvarez/Zwahlen; 7/0) Resolution 2025-424 amending the Fiscal Year 2025-26 Capital Improvement Program budget to fund Project #101294 (Dryden - 9 -
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Clubhouse Renovation) in an amount not to exceed $7,723,929, 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.
ACTION: (Alvarez/Zwahlen; 7/0) Resolution 2025-425 increasing the Green Fees in accordance with Exhibit A and implementing dynamic pricing model.
MATTERS TOO LATE FOR THE AGENDA
None.
ADJOURNMENT
This meeting adjourned at 8:17 P.M.
Attest: ____________________________
Diane Nayares-Perez, 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(d)(1) of the Government Code) Name of Case: Brittoni Estrella, et al. v. City of Modesto et al.
United States Eastern District
Case No.: 1:22-cv-00921