- 1 -
2/10/2026 5:30:00 PM
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, February 10, 2026 at 5:30 PM
Special City Council – Closed Session Meeting 3:30 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: Pastor Mark Krieger, Modesto Covenant Church.
City Clerk’s Announcements: None.
Declaration of Conflicts of Interest: None
Reports from Closed Session
ACTION: (Escutia-Braaton/Bavaro; 7/0) Item 1 - Motion appointing Real Property Negotiator Joseph P. Lopez, City Manager for Properties: 105-025-002, 105-025-003, 105-025-004 and 105-025-005.
No other reportable action.
- 2 -
2/10/2026 5:30:00 PM
PUBLIC COMMENT PERIOD
Danielle Morgart, representing Assemblyman Juan Alanis’s office, provided a Legislative Update. She reported that Assemblyman Alanis has introduced eight bills so far. Two recently introduced bills include AB 1765, which proposes a fee waiver for disabled veteran license plates, and AB 1814, which would expand field sobriety test training for police officers assigned to traffic enforcement duties. She concluded by offering the office’s assistance with legislative questions or issues involving state agencies.
Lucas proposed a potential change to the City’s Waste Management System. He submitted a letter requesting that the City review and consider a pilot contract with TerraCycle to address items not typically recyclable within existing waste streams. He stated that the program could help reduce blight, remove unwanted garbage from transportation infrastructure, and lower carbon emissions. He acknowledged the need to comply with State, Federal, and Municipal regulations, as well as budgetary and procurement standards. He noted that while the program would not eliminate most plastic waste by weight, it could capture a significant portion of non-recyclable plastic packaging that currently lacks a recycling pathway. He asked the City to evaluate the proposal, consider whether a public discussion is appropriate, and provide guidance on next steps or available public resources.
Julianne Phillips provided a Legislative update on behalf of Senator Alvarado-Gil's office, she stated that the most pressing legislative issue generating calls is AB 1421, which would extend the study of a per-mile tax. The bill has moved to the Senate, and Senator Alvarado-Gil has issued a statement expressing opposition to it. She also shared recent district activities, including two meet-and-greet events held in Salida and Riverbank. She announced upcoming mobile office hours in Modesto at the Law Library on February 26 from 10 a.m. to noon to assist constituents with State Agency matters. She added that she hopes to host additional mobile office hours in March ahead of a future Council meeting.
Sebastian Jones expressed appreciation and apologized if any past remarks had caused offense. He acknowledged prior disagreements but called for unity moving forward.
He advocated for installing statues of Cesar Chavez and Dr. Martin Luther King Jr. at a new soccer or baseball field, stating that such a project would honor their legacies and create a lasting historical impact for the City. He mentioned having gathered over 5,000 signatures in support of related efforts in the past and emphasized the potential to seek Federal funding connected to Dr. King’s legacy. He called for a coalition of community members and Council support to move the proposal forward, encouraging collaboration and setting aside differences. He concluded by expressing faith-based sentiments, appreciation for the Council, and hope that the project would leave a meaningful legacy for future generations.
Harlan Divan commended the Council for their roles in recent community initiatives, including the award for Jenny’s Place and the development of Hope Works, a United - 3 -
2/10/2026 5:30:00 PM
Way and Gospel Mission project. She noted an upcoming ribbon-cutting event for Hope Works and expressed appreciation for the Council’s involvement. She also brought attention to Stockton’s recently passed “Compassionate City Resolution,” adopted on January 13. She explained that the resolution differs from a sanctuary city designation and does not create new policies, but instead restates existing city policies related to immigrant protections, such as not reporting immigration status when residents call 911 and not holding individuals solely on civil immigration holds. She said the resolution affirms respect for federal law and the role of immigration authorities while emphasizing community protections. She stated that similar resolutions are being considered or adopted in other cities and described the issue as timely, citing concerns within immigrant communities. She encouraged the Modesto City Council to review the resolution and consider taking similar action and said she would provide additional information by email.
Todd distributed walnuts from his family’s farm in Wood Colony and briefly shared the history of his family’s farming presence in the area, dating back to 1905. He then addressed recent discussion and media coverage regarding Wood Colony and potential disputes about its definition and boundaries. Referring to a historical book available to the City, he explained that Wood Colony began with an original 1,760-acre tract, known as the Wood Tract, but argued that this acreage represented only the beginning of the colony’s development. Citing specific pages from the book, he noted references to the expansion of the name beyond the original acreage, the development of additional parcels, and historical figures associated with the area. He suggested that Wood Colony encompasses more than the initial 1,760 acres and encouraged the Council to review the historical text for a fuller understanding. He concluded by offering to return with additional information.
Kevin McClarty thanked City staff member Patrick Crowley for designating two parking spaces and installing a bench at the Modesto Airport for individuals who wish to observe planes taking off and landing. He explained that after Tesla leased the entire parking lot, he raised concerns about the lack of public parking. In response, the City reserved two spaces for plane observers. He expressed appreciation for the City’s responsiveness to residents.
Written General Public Comments Received. (Funding Source: Not Applicable) CITY CLERK; City Clerk, 209-577-5396, [email protected] CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS: 1-8 (Wright/Bavaro;7/0)
CONSENT
Consent
1. Consider approving the Minutes for the January 27, 2026 Council Meeting. (Funding Source: Not Applicable)
- 4 -
2/10/2026 5:30:00 PM
Motion approving the Minutes for the January 27, 2026 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Bavaro; 7/0) Motion approving the Minutes for the January 27, 2026 Council Meeting.
Consent
2. Consider approving the revised 2026 City Council Liaison Committees assignments. (Funding Source: Not Applicable)
Motion approving the appointments to the Revised 2026 City Council Liaison Committees Assignments.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Bavaro; 7/0) Motion approving the appointments to the Revised 2026 City Council Liaison Committees Assignments.
Consent
3. 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/Bavaro; 7/0) Resolution 2026-031 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
4. Consider accepting the Sonoma Trunk Extension and Lift Station and Sylvan Water Main Upgrade Project as complete, releasing securities, releasing payments totaling $8,253,657 to Mozingo Construction, Inc, of Oakdale, CA, and authorizing the City Clerk to file a Notice of Completion. (Funding Source: Wastewater and Water Fund) Resolution accepting Sonoma Trunk Extension and Lift Station and Sylvan Water Main Upgrade Project as complete, releasing securities, releasing payments totaling $8,253,657 to Mozingo Construction Inc, of Oakdale, CA, and authorizing the City Clerk to file a Notice of Completion.
ENGINEERING SERVICES; Peter Kambel, 209-577-5444, [email protected] ACTION: (Wright/Bavaro; 7/0) Resolution 2026-032 accepting Sonoma Trunk Extension and Lift Station and Sylvan Water Main Upgrade Project as complete, releasing securities, releasing payments totaling $8,253,657 to Mozingo Construction Inc, of Oakdale, CA, and authorizing the City Clerk to file a Notice of Completion. - 5 -
2/10/2026 5:30:00 PM
Consent
5. Consider approving a First Amendment to the existing On-Call Agreements for Construction Inspection Services, to extend the term of the agreements through June 30, 2027, and increase the existing total amount of $149,000 to a not to exceed $300,000 for each of the three consultants. (Funding Source: Various Capital Improvement Projects)
Resolution approving a First Amendment to the existing On-Call Agreements for Construction Inspection Services, to extend the term of the agreements through June 30, 2027, and increase the existing total amount of $149,000 to a not to exceed $300,000 for each of the three consultants; and authorizing the City Manager, or his designee to execute the Amendments.
ENGINEERING SERVICES; Peter Kambel, 209-577-5444, [email protected] ACTION: (Wright/Bavaro; 7/0) Resolution 2026-033 approving a First Amendment to the existing On-Call Agreements for Construction Inspection Services, to extend the term of the agreements through June 30, 2027, and increase the existing total amount of $149,000 to a not to exceed $300,000 for each of the three consultants; and authorizing the City Manager, or his designee to execute the Amendments.
Consent
6. Consider accepting the Monthly Investment Report for October 2025. (Funding Source: Various Funds)
Motion accepting the Monthly Investment Report for October 2025.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
ACTION: (Wright/Bavaro; 7/0) Motion accepting the Monthly Investment Report for October 2025.
Consent
7. Consider accepting the Audited Financial Statements and various Audit Reports for Fiscal Year 2024-2025, audited by external auditor Vasquez & Company, LLP. for the City’s Annual Comprehensive Financial Report (ACFR), thirteen (13) Community Facilities Districts (CFDs), Measure H, Single Audit, and various Joint Powers Agencies. (Funding Source: Not Applicable)
Resolution accepting the Audited Financial Statements and various Audit Reports for Fiscal Year 2024-2025 audited by external auditors Vasquez & Company, LLP. for the City’s Annual Comprehensive Financial Report (ACFR), thirteen (13) Community Facilities Districts (CFDs), Measure H and various Joint Powers Agencies (JPAs).
Resolution accepting the audited Fiscal Year 2024-2025 Federal Single Audit report for the City of Modesto from external auditors Vasquez & Company, LLP.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
- 6 -
2/10/2026 5:30:00 PM
ACTION: (Wright/Bavaro; 7/0) Resolution 2026-034 accepting the Audited Financial Statements and various Audit Reports for Fiscal Year 2024-2025 audited by external auditors Vasquez & Company, LLP. for the City’s Annual Comprehensive Financial Report (ACFR), thirteen (13) Community Facilities Districts (CFDs), Measure H and various Joint Powers Agencies (JPAs).
ACTION: (Wright/Bavaro; 7/0) Resolution 2026-035 accepting the audited Fiscal Year 2024-2025 Federal Single Audit report for the City of Modesto from external auditors Vasquez & Company, LLP.
Consent
8. Consider approving a Memorandum of Understanding (MOU) with Yosemite Community College District (YCCD) for development and use of the Classroom (Portable 101) located at 1220 Fire Science Lane. (Funding Source: General Fund) Resolution approving a Memorandum of Understanding (MOU) with Yosemite Community College District (YCCD) for development and use of the Classroom (Portable 101) located at 1220 Fire Science Lane., and authorizing the City Manager or his designee to execute the Agreement.
FIRE DEPARTMENT; Darin Jesberg, 209-572-9590, [email protected] ACTION: (Wright/Bavaro; 7/0) Resolution 2026-036 approving a Memorandum of Understanding (MOU) with Yosemite Community College District (YCCD) for development and use of the Classroom (Portable 101) located at 1220 Fire Science Lane., and authorizing the City Manager or his designee to execute the Agreement.
COUNCIL COMMENTS & REPORTS
Vice Mayor Williams reported on a recent MLK event hosted by MJC and the Modesto Peace/Life Center. The keynote speaker was Dr. Shabazz, one of Malcolm X’s six daughters, who spoke about her father’s legacy and her family’s experiences. He described the event as positive and expressed appreciation for her visit to Modesto. He also recognized recipients of the MLK Legacy Award. Odessa Johnson, noted as the first African American in her role within Modesto City Schools, was acknowledged for her service and is now retired and living in Los Angeles. Additionally, he shared that Gladys Williams, a past MLK Legacy Award recipient, former MTA member, past NAACP president, and community advocate, passed away on November 27. Her service will be held on February 20 at 11:00 a.m. at Revival Church, 825 Seventh Street. He also announced that three new police officers were recently sworn in and offered congratulations to them. He also shared that he attended a biennial quilt show in Modesto, typically attended by the Mayor. The event featured approximately 200 quilts, along with additional quilt-related displays and vendors, and was held at the car museum over two days. He described the event as well organized and well attended. He noted that the selected quilt award recipient had never previously won and became emotional upon receiving the recognition, expressing gratitude to the Mayor and the City for hosting the event. Vice Mayor Williams also noted that February is Black History Month and highlighted several upcoming events, mentioning that the council - 7 -
2/10/2026 5:30:00 PM
would not meet again before some of them occur. He announced that Sankofa, Modesto’s first African American theater company, will celebrate its 13th year with a production titled Perilous Victorious at the Gallo Center from February 12 through 14.
He encouraged the community to attend and support the performances. He also shared that a Black History Month program will be held at the Senior Center on February 28 at 5:00 p.m., possibly with a donation requested.
Council Member Ricci provided several updates and comments. He announced that, thanks to a State grant, a mural will be installed in an alley off 10th and J Street to improve a struggling downtown area. He expressed hope that the city, in coordination with the Fire Department, could also create safe event spaces in the area to support cultural activities, gatherings, music, food, and art. He then recognized a new neighborhood being developed in Modesto that honors firefighters who served the community, thanking DR. Horton, the Modesto Fire Department, and the city for this memorial project. Finally, he addressed a governance issue involving MID, noting that the board had previously voted to stop investigating alleged water abuse issues related to a board member, who had also voted against the investigation. He reported that the California Fair Political Practices Commission agreed to review potential issues with that vote and emphasized the importance of transparency and impartiality in government.
Council Member Escutia-Bratton shared updates on recent developments in healthcare within Modesto. She noted attending the ribbon-cutting for a new Kaiser Medical facility in District One, which provides adult and pediatric care, includes a pharmacy, and employs nearly 400 people. She reflected on Modesto’s history as a medical hub and highlighted other recent projects, including the $380 million Memorial Cancer Center, which employs over 5,600 people. She also emphasized that these facilities address the community’s need for accessible, affordable medical services, provide job opportunities, and contribute to the local economy. She expressed gratitude to medical professionals and the institutions investing in the area and reaffirmed the importance of continuing to strengthen healthcare services in Modesto. Mayor Zwahlen provided several community updates and reflections. She noted attending two recent police academy graduations, including one in Stockton with Council Member Wright, and greeting new Modesto Police Department officers and other City employees during a City Hall tour. She also attended Stanislaus State University’s Spring 2026 welcome address, praising the campus, students, and the university president, Britt Rios-Ellis, for a well-organized event. Additionally, she participated in a City Ministry Network meeting, where residents gather monthly to discuss city and county issues, highlighting a report from Marianne Cannon on the Community Foundation. She also emphasized the active engagement of residents in community activities and highlighted upcoming events, including: the Colorado Rouse groundbreaking for infrastructure projects, the Hope Works ribbon-cutting, Modesto’s Night to Shine event, and the Dryden Clubhouse groundbreaking on February 17. She concluded by noting the many positive developments and community initiatives are taking place in Modesto.
- 8 -
2/10/2026 5:30:00 PM
CITY MANAGER COMMENTS & REPORTS
None.
HEARINGS
Published in the Modesto Bee on January 21, 2026.
9. Hearing to consider approval of an amendment to the Circulation Element of the Modesto Urban Area General Plan, and approval of Specific Plan Amendment No. 6 to the Street Hierarchy Diagram of the Tivoli Specific Plan, to reclassify Oakdale Road between Scenic Drive and Claratina Avenue, and Claratina Avenue between McHenry Avenue and Claus Road from six-lane Principal Arterial Streets to four-lane Principal Arterial Streets, together with text amendments to Chapter 9 of the Tivoli Specific Plan relative to major Specific Plan amendment policies. (Funding Source: Not Applicable) Resolution approving an amendment to the Circulation Element of the Modesto Urban Area General Plan to change the designation of Oakdale Road between Scenic Drive and Claribel Avenue from six-lane Principal Arterial Street to four-lane Arterial Street, and to change the designation of Claratina Avenue between McHenry Avenue and Claus Road from six-lane Principal Arterial Street to four-lane arterial street.
Resolution finding that the following subsequent project is exempt from review under the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines: Amendment to the Circulation Element of the Modesto Urban Area General Plan to change the designation of Oakdale Road between Scenic Drive and Claribel Road from six-lane Principal Arterial Street to four-lane Arterial Street, and to change the designation of Claratina Avenue and between McHenry Avenue and Claus Road from six-lane Principal Arterial Street to four-lane Arterial Street, together with Specific Plan Amendment No. 6 to the Tivoli Specific Plan to amend the Chapter 3 Street Hierarchy Diagram to change the classification of Oakdale Road and Claratina Avenue from six-lane arterial streets to four-lane arterial streets, and to amend text in Chapter 9 relative to Specific Plan administration, and to reaffirm prior major amendments to the Specific Plan adopted by City Council Resolution. Motion introducing and waiving the first reading of an Ordinance approving Tivoli Specific Plan Amendment No. 6, to amend the Chapter 3 Street Hierarchy Diagram to change the classification of Oakdale Road and Claratina Avenue from six lane arterial streets to four lane arterial streets, and to amend text in Chapter 9 relative to Specific Plan administration, and to reaffirm prior major amendments to the Tivoli Specific Plan adopted by City Council Resolution.
CED; Jessica Hill, 209-577-5367, [email protected]
ACTION: (Williams/Wright; 7/0) Resolution 2026-037 approving an amendment to the Circulation Element of the Modesto Urban Area General Plan to change the designation of Oakdale Road between Scenic Drive and Claribel Avenue from six-lane Principal Arterial Street to four-lane Arterial Street, and to change the designation of - 9 -
2/10/2026 5:30:00 PM
Claratina Avenue between McHenry Avenue and Claus Road from six-lane Principal Arterial Street to four-lane arterial street.
ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2026-038 finding that the following subsequent project is exempt from review under the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines: Amendment to the Circulation Element of the Modesto Urban Area General Plan to change the designation of Oakdale Road between Scenic Drive and Claribel Road from six-lane Principal Arterial Street to four-lane Arterial Street, and to change the designation of Claratina Avenue and between McHenry Avenue and Claus Road from six-lane Principal Arterial Street to four-lane Arterial Street, together with Specific Plan Amendment No. 6 to the Tivoli Specific Plan to amend the Chapter 3 Street Hierarchy Diagram to change the classification of Oakdale Road and Claratina Avenue from six-lane arterial streets to four-lane arterial streets, and to amend text in Chapter 9 relative to Specific Plan administration, and to reaffirm prior major amendments to the Specific Plan adopted by City Council Resolution.
ACTION: (Bavaro/Alvarez; 7/0) Motion introducing and waiving the first reading of an Ordinance 3806-C.S. approving Tivoli Specific Plan Amendment No. 6, to amend the Chapter 3 Street Hierarchy Diagram to change the classification of Oakdale Road and Claratina Avenue from six lane arterial streets to four lane arterial streets, and to amend text in Chapter 9 relative to Specific Plan administration, and to reaffirm prior major amendments to the Tivoli Specific Plan adopted by City Council Resolution.
MATTERS TOO LATE FOR THE AGENDA
None.
ADJOURNMENT
This meeting adjourned at 6:41 P.M.
Attest:____________________________
Diane Nayares-Perez, City Clerk