- 1 -
8/11/2026 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, August 11, 2026 at 5:30 PM
Special City Council – Closed Session Meeting 3:45 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
City Clerk’s Announcements: None
Declaration of Conflicts of Interest: None
Reports from Closed Session: No reportable action.
MISCELLANEOUS
1. Consider accepting the resignation of Thomas Orosco from the Audit Committee. (Funding Source: Not Applicable)
Staff Recommendation:
• Resolution accepting the resignation of Thomas Orosco from the Audit Committee.
FINANCE DEPARTMENT; DeAnna Christensen, 209-577-5387,
[email protected]
- 2 -
8/11/2026 5:30:00 PM
ACTION: (Bavaro/Williams; 7/0) Resolution 2026-260 accepting the resignation of Thomas Orosco from the Audit Committee.
2. Consider accepting the resignation of Gloria Edith Verdin from the Citizen’s Housing and Community Development Committee. (Funding Source: Not Applicable) Staff Recommendation:
• Resolution accepting the resignation of Gloria Edith Verdin from the Citizen’s Housing and Community Development Committee.
CED; Edgar Garcia, 209-577-5211, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2026-261 accepting the resignation of Gloria Edith Verdin from the Citizen’s Housing and Community Development Committee.
PUBLIC COMMENT PERIOD
• Carolyn Neumann warned that AI data centers drain massive water and electricity, provide little economic benefit, and historically involve corruption, and urged the Council to consider strong regulations or a moratorium. • Clara Nosek opposed data centers, citing threats to public health, agriculture, air quality, and rising utility costs, and asked for an immediate moratorium and said voters will hold the Council accountable.
• Jacqueline Rivas Gibson stated residents do not want data centers and demanded the Municipal Code explicitly prohibit them. She pressed specific Councilmembers on whether they support a moratorium.
• Ramon Rodriguez said AI data centers harm marginalized communities, environment, and economy while benefiting corporations. He encouraged the Council to reject data centers like other cities have.
• Sandra Fabri stressed community opposition and asserted developers care only for themselves. She highlighted grid strain, water use, and no job growth as reasons to reject data centers.
• Elijah Elder Rosa as an educator and environmental scientist, warned data centers harm children’s future through environmental and financial damage. He urged banning them and promoting sustainable industries instead.
• Olga Castaneda supported a moratorium to protect future generations and urged the Council to act responsibly.
- 3 -
8/11/2026 5:30:00 PM
• Kim Wright, a social worker who opposed data centers due to environmental, public health, and quality-of-life impacts, called for a complete ban and warned the public will stay engaged.
• Alma Torres warned of global resource depletion and catastrophic impacts of data centers on water, energy, and local livability and cited risks of outages and massive grid strain.
• Hartcourt criticized the City’s anti-masking Ordinance and the installation of surveillance cameras. He highlighted concerns about government overreach, surveillance, and the potential misuse of data to target people based on their political beliefs.
• Karla urged the Council to adopt an indefinite ban, not a one- or two-year moratorium and highlighted lack of trust due to past issues like the Mask Ordinance. • Angela Jensen opposed Flock cameras and data centers, citing privacy concerns and costs that would fall on residents, and emphasized distrust after a past data breach. • Anthony Drobnick explained how surveillance and data centers prioritize corporate greed over community well-being and urged residents to stay united and push back. • Laura Conner opposed data centers due to resource waste, privacy violations, and harmful surveillance practices. She criticized prior data sharing breaches and asked for investment in community needs.
• Sydney Waters highlighted severe water, and electricity demands from data centers, and emphasized farming impacts, environmental strain, and residents already facing drought restrictions.
• Jessica Quintero asked for clarification on whether staff members are working on zoning changes and expressed relief that they are not, but insisted residents do not want data centers or Flock cameras. She warned that voters will organize if ignored. • Keny Pernett opposed data centers and surveillance cameras due to misuse and privacy concerns. He questioned leadership behavior and said the community will vote officials out if necessary.
• Bill Walker, a retired environmental policy analyst, opposed data centers due to energy use, chemical hazards, and secretive developer behavior, and warned that AI will worsen inequality.
• Sam Whitler expressed distrust in the Council due to past Mask Ordinance issues and said residents don’t trust leaders to protect them from data centers. He called for accountability.
- 4 -
8/11/2026 5:30:00 PM
• Wendy Smith urged Councilmembers to take a strong public stance against data centers. She said residents work hard and need officials to advocate loudly on their behalf.
• Lee highlighted distrust stemming from lack of accountability in policing and previous Ordinances and asked the Council what concrete steps they plan to take in response to community requests.
• Beverly Sullivan opposed data centers and Flock lights, emphasizing environmental health, rising costs, and community safety. She also requested pedestrian safety improvements in her neighborhood.
• Suzy focused on concerns about surveillance cameras and facial recognition technology. She opposed data centers and asked the City to stop expanding surveillance tools.
• Shel Thompson urged the community to educate themselves on AI and understand its consequences and warned that AI eliminates jobs and shifts utility costs onto residents. • Luis Campos-Garcia, a creative professional who opposed data centers because AI harms creative industries, emphasized protecting natural resources and supporting sustainable economic sectors.
• Leah Hassett argued that data centers and AI harm people, displace workers, and benefit only the wealthy. She demanded a ban and clear, accessible communication from the City.
• Terhesa Gamboa thanked officials for attending community events and expressed unity with residents opposing data centers and farmland loss. • Steve criticized the Council for past police-related actions and lack of trust, and demanded they place an end to the Flock contract and a moratorium on data centers on a future agenda.
• Sean Wahl Kay opposed data centers due to water contamination, drought pressures, and threats to Modesto’s identity. He also criticized Flock cameras as harmful surveillance tools.
• Lydia de la Riva opposed a proposed data center near her home due to water usage, energy strain, and distrust created by the City’s earlier public statement. She requested full protection from such development.
• Recessed: 7:02 p.m.
• Reconvened: 7:10 p.m.
- 5 -
8/11/2026 5:30:00 PM
• Sophie O’Hara warned that an AI data center in the Central Valley would be catastrophic to agriculture and water supply. She called on the Council to uphold residents’ demands.
• Jim Herrera offered a differing view, suggesting the City should hear a proposal before rejecting it, and encouraged keeping an open mind while still addressing legitimate concerns.
• Victor shared personal struggles and rising utility bills. He opposed data centers due to job impacts, water and energy strain, and fears that community voices do not matter. • Tim Garbinsky argued these concerns are not hypothetical and are happening nationwide. He warned that ignoring residents would harm the City’s livability and community trust.
• Kelly Gepley praised youth engagement and demanded answers on how the Council will protect residents. She expressed frustration over non-responses from officials. • Samantha Bass asked the Council for a strong and unequivocal “no” on data centers and warned that hesitation invites corporate pressure.
• Miss B spoke about an unrelated animal-control case and asked the Council to intervene. She also stated she opposed data centers and Flock cameras. • Graciela an educator who criticized the Council’s lack of backbone, called for stronger action on data centers, surveillance, police accountability, and immigrant safety. • Laura Salcedo spoke about her emotional support dog’s case and sought help. She also supported earlier speakers’ concerns regarding surveillance and data centers. • Stephanie McGarrah opposed data centers, citing national examples of resource misuse and outdated technology. She asked the Council to protect community health and sustainability.
• Rosalina spoke emotionally about her family’s dog and requested compassion and reconsideration. She noted she also opposes data centers. • Allen Burkett urged a permanent ban on AI data centers for the sake of future generations and expressed deep distrust in the Council’s assurances. • Tatiana demanded action to make data centers “100% preventable” and highlighted dangers of Flock cameras feeding data to federal agencies. She called for laws that permanently protect residents.
• Bruce Hammerstrom raised concerns about a personal legal conflict and asked for Council assistance. He expressed frustration with lack of communication. - 6 -
8/11/2026 5:30:00 PM
• Ann Marie Salgado opposed data centers and Flock cameras, citing surveillance, police accountability issues, and distrust stemming from the Mask Ordinance lawsuit. • Amber Blomgren urged a complete ban on data centers and encouraged others to research national data-center impacts. She ended with a creative song parody about protecting Modesto.
• Lincoln Jones spoke about community fear and systemic issues driving distrust and asked the Council how they will protect residents beyond just blocking data centers. • Giancarlo, a teacher who opposed data centers due to massive water use and environmental damage, also criticized spending on the Mask Ordinance lawsuit. • Yesenia Rodriguez requested temporary permissions for pop-up markets to support small businesses. She also noted how shutdowns harm local families. • Elizabeth spoke about environmental harm, job loss, and worsening heat, and advocated strongly against data centers for future generations’ sake. • Manuela framed the issue in terms of Modesto’s slogan "Water, Wealth, Contentment, Health", and warned that data centers threaten water rights, agriculture, bees, and community well-being.
• Alyssa Leyva spoke about state violence, Mask Ordinance concerns, and calls for accountability. She urged Council to consider the broader impacts of surveillance and policing.
• Ryan Burtson asked each Councilmember whether they signed NDAs, trying to determine transparency. He expressed concern about silence and lack of clear opposition.
• Krista H. asked Councilmembers directly, to commit to placing data-center issues on a future agenda and sought clarity under Brown Act rules. • Jessica Cervantes thanked the Council for listening and encouraged more outreach to youth. She expressed appreciation for community activism. • A member of the public warned data centers threaten Modesto’s pillars "Water, Wealth, Contentment, Health", and urged the Council not to “sell out” the City. • A member of the public urged the City Council to ban AI data centers from being built in the community. She pointed to the unusually large turnout at the meeting as evidence that the issue is important to residents and referenced a recent National Nightly Business Report segment about communities that reportedly regretted allowing data centers and were seeking to shut them down. The speaker asked Council Members - 7 -
8/11/2026 5:30:00 PM
to listen to the constituents and avoid making the same mistake. • A member of the public praised residents for participating but warned that opposition to AI data centers and surveillance has caused many to lose trust in local government.
He urged the council to listen to constituents and restore that trust before tensions escalate.
• A member of the public urged the Council to reject AI data centers and Flock surveillance cameras, citing concerns about water and power supplies, privacy, and First Amendment rights.
• James Nelson said communities are already suffering and Councilmembers must represent residents’ voices. He opposed data centers and surveillance. • Kevin McClarty connected Modesto’s agricultural heritage to preserving water and farming. He warned data centers threaten humanity by harming bees and food production.
• A member of the public opposed data centers due to home-value impacts, corporate influence, and environmental strain, and expressed appreciation for Council but urged them to protect the community.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS: 3-4, 6-8 (Wright/Alvarez; 7/0)
CONSENT
Consent
3. Consider approving the Minutes for the July 14, 2026 Council Meeting. (Funding Source: Not Applicable)
• Motion approving the Minutes for the July 14, 2026 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Alvarez; 7/0) Motion approving the Minutes for the July 14, 2026 Council Meeting.
Consent
4. Consider appointing a voting delegate to the 2026 League of California Cities Annual Conference to be held in Anaheim, CA on September 23-25, 2026. (Funding Source:
Not Applicable)
• Motion approving the appointment of Councilmember Alvarez as a voting delegate and Vice Mayor Williams as the alternate for the 2026 League of California Cities Annual Conference to be held in Anaheim, CA on September 23-25, 2026.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] - 8 -
8/11/2026 5:30:00 PM
ACTION: (Wright/Alvarez; 7/0) Motion approving the appointment of Councilmember Alvarez as a voting delegate and Vice Mayor Williams as the alternate for the 2026 League of California Cities Annual Conference to be held in Anaheim, CA on September 23-25, 2026.
Removed from Consent
5. Consider approving an Agreement for the Conveyance and Purchase of Right-of-Way from the Sylvan Unified School District, receiving 1.89 acres (82,037 Square Feet) for public right-of-way for public infrastructure, for a total amount not to exceed $1,250,000. (Funding Source: Community Facilities District No. 2024-1 (Tivoli) Bond Issuance Funds)
• Resolution approving an Agreement for the Conveyance and Purchase of Rightof-Way from the Sylvan Unified School District, receiving 1.89 acres (82,037 Square Feet) of public right-of-way for public infrastructure, in an amount not to exceed $1,250,000, and authorizing the City Manager or his designee to execute the Agreement.
• Resolution amending the Fiscal Year 2026-27 Non-Capital Multi-Year Project revenue and expenditure Budget to Fund Project #101755 in the Community Facilities District (CFD) no. 2024-1 (Tivoli ) for the land acquisition purchase from the Sylvan Unified School District in an amount not to exceed $1,250,000 to fund the purchase, and authorizing the City Manager or his designee, to implement the provisions of this Resolution.
CED; Edgar Garcia, 209-577-5211, [email protected] ACTION: (Bavaro/Williams; 7/0) Resolution 2026-262 approving an Agreement for the Conveyance and Purchase of Right-of-Way from the Sylvan Unified School District, receiving 1.89 acres (82,037 Square Feet) of public right-of-way for public infrastructure, in an amount not to exceed $1,250,000, and authorizing the City Manager or his designee to execute the Agreement.
ACTION: (Bavaro/Williams; 7/0) Resolution 2026-263 amending the Fiscal Year 2026-27 Non-Capital Multi-Year Project revenue and expenditure Budget to Fund Project #101755 in the Community Facilities District (CFD) no. 2024-1 (Tivoli ) for the land acquisition purchase from the Sylvan Unified School District in an amount not to exceed $1,250,000 to fund the purchase, and authorizing the City Manager or his designee, to implement the provisions of this Resolution.
Consent
6. Consider approving the Final Map and Subdivision Improvement Agreement (SIA) with Modesto 92 LP, a California Limited Partnership for the PPA-17 West Unit Subdivision consisting of roughly 18.735 acres located East of Oakdale Road and North of Floyed Avenue APN # 077-008-040. (Funding Source: Developer Fees) • Resolution approving the Final Map for PPA-17 West Unit, approving the Subdivision Improvement Agreement and authorizing the City Manager, or his designee, to execute the Subdivision Improvement Agreement with Modesto 92 LP, a California Limited Partnership and authorizing the City Clerk to certify - 9 -
8/11/2026 5:30:00 PM
the Final Map and record with the Stanislaus County Recorder’s Office.
ENGINEERING SERVICES; Jaspreet Mangat, 209-577-5253,
[email protected]
ACTION: (Wright/Alvarez; 7/0) Resolution 2026-264 approving the Final Map for PPA-17 West Unit, approving the Subdivision Improvement Agreement and authorizing the City Manager, or his designee, to execute the Subdivision Improvement Agreement with Modesto 92 LP, a California Limited Partnership and authorizing the City Clerk to certify the Final Map and record with the Stanislaus County Recorder’s Office.
Consent
7. Consider approving the Final Map and Subdivision Improvement Agreement (SIA) with KB Home North Bay LLC, a Delaware Limited Liability Company for the Arcadia Tivoli Unit 2 Subdivision consisting of roughly 10.64 acres located North of Sylvan on future Aria Way APN # 083-006-054. (Funding Source: Developer Fees) • Resolution approving the Final Map for Arcadia Tivoli Unit 2, approving the Subdivision Improvement Agreement and authorizing the City Manager, or his designee, to execute the Subdivision Improvement Agreement with KB Home North Bay LLC, a Delaware Limited Liability Company, and authorizing the City Clerk to certify the Final Map and record with the Stanislaus County Recorder’s Office.
ENGINEERING SERVICES; Jaspreet Mangat, 209-577-5253,
[email protected]
ACTION: (Wright/Alvarez; 7/0) Resolution 2026-265 approving the Final Map for Arcadia Tivoli Unit 2, approving the Subdivision Improvement Agreement and authorizing the City Manager, or his designee, to execute the Subdivision Improvement Agreement with KB Home North Bay LLC, a Delaware Limited Liability Company, and authorizing the City Clerk to certify the Final Map and record with the Stanislaus County Recorder’s Office.
Consent
8. Consider accepting the Monthly Investment Report for May 2026. (Funding Source:
Various Funds)
• Motion accepting the Monthly Investment Report for May 2026.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
ACTION: (Wright/Alvarez; 7/0) Motion accepting the Monthly Investment Report for May 2026.
Removed from Consent
9. Consider approving the Plans and Specifications for the Airfield Lighting Control and Monitoring System and Constant Current Regulator Upgrades project, accepting the bid and awarding a contract to Shane Brown Electric, of Woodland, CA, for a total - 10 -
8/11/2026 5:30:00 PM
amount not to exceed $534,050. (Funding Source: Federal Aviation Administration Airport Infrastructure Grant (AIG) and Airport Fund)
• Resolution approving the Plans and Specifications for the Airfield Lighting Control and Monitoring System (ALCMS) and Constant Current Regulator (CCR) Upgrades project, accepting the Bid and Awarding a Contract to Shane Brown Electric, of Woodland, CA, in the amount of $485,500, and authorizing Change Orders up to a cumulative amount of $48,550, for a total Agreement amount not to exceed $534,050, and authorizing the City Manager, or his designee, to execute the Contract.
PUBLIC WORKS; Marisol Navarro, 209-577-5319, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2026-266 approving the Plans and Specifications for the Airfield Lighting Control and Monitoring System (ALCMS) and Constant Current Regulator (CCR) Upgrades project, accepting the Bid and Awarding a Contract to Shane Brown Electric, of Woodland, CA, in the amount of $485,500, and authorizing Change Orders up to a cumulative amount of $48,550, for a total Agreement amount not to exceed $534,050, and authorizing the City Manager, or his designee, to execute the Contract.
COUNCIL COMMENTS & REPORTS
• Councilmember Bavaro asked City Attorney Sanchez for guidance on what the process is for putting an item on the agenda. Additionally, Councilmember Bavaro explains that the Council already had set priorities for the year, including homelessness, public safety, garbage service transparency, and landscaping contracts. Because of this, the sudden rise of data center concerns surprised him. He stated he has not done the necessary research and is not prepared to vote on the topic. He stressed the importance of avoiding knee-jerk reactions, doing due diligence, and listening to staff and constituents. He would support a moratorium only if data center companies challenge the City’s current position that data centers are not allowed under existing Municipal Code. He emphasized taking the time needed to make informed, long-term decisions. • Councilmember Alvarez outlined four topics: data centers, pop-up events, a recent lowrider event shutdown, and camera/LPR technology. He supports placing a moratorium on data centers so the City can research their impact thoroughly. Regarding pop-ups, he praised staff for meeting with community members and encourages creating an easier, lightweight permitting process to support small local businesses. On the low-rider event, he explained it was shut down because required permits were not obtained and emphasized helping organizers understand future permitting. On cameras and licenseplate readers, he highlighted examples of their effectiveness in reducing crime and recommended continuing to refine implementation while maintaining tools that improve public safety. Additionally, Councilmember Alvarez said he has researched AI and data centers extensively. He acknowledged advancements like closed-loop water systems but remains concerned about environmental impacts. He agreed with Councilmember Ricci's proposal and supports a full ban on data centers in Modesto, stating that in his view, the costs to residents’ quality of life outweigh any potential - 11 -
8/11/2026 5:30:00 PM
benefits.
• Councilmember Escutia-Bratton reflected positively on the City’s National Night Out events, praising community engagement despite extreme heat. She values hearing passionate public input during long meetings and believes elected officials must listen not only during public comment but also through emails, calls, and meetings. She is open to a moratorium or even a ban on data centers but insists she will form her position only after hearing from all relevant groups and evaluating full data from City staff to make a responsible and informed decision.
• Vice-Mayor Williams honored four individuals who helped save a man’s life at Beyer Park. He briefly explained the rescue situation, recognized them publicly, and described issuing certificates and sharing a meal with them. He thanked them for their actions and expresseed deep appreciation for their contributions to the community.
Additionally, Vice-Mayor Williams agreed with other Councilmembers that the data center issue arose suddenly and that they are still trying to understand it. He appreciates the residents who have researched the topic and shared their views but asked for more kindness toward the Council as they learn. He feels large regions of California may be better suited for data centers and hopes they locate elsewhere. • Councilmember Ricci thanked residents for their input on AI data centers. Based on community feedback, he supports a moratorium and wants the City to explore a complete ban. He expressed concerns about data centers’ high energy usage, possible effects on water supply and rates, and the potential negative impact on local jobs. He advocated for proactive action to protect residents.
• Councilmember Wright thanked residents who attended National Night Out in his district. He noted that data center concerns relate to his priorities of protecting Modesto’s residents, quality of life, environment, and water supply. He highlighted Modesto’s strong progress in water conservation and low electric rates and stressed that these factors must be protected. He emphasized evaluating proposals based on what best benefits the community and supports efforts to bring quality jobs to Modesto. • Mayor Zwahlen responded to comments about transparency and accusations of secret meetings. She detailed her recent schedule to show her public activities and explained that no secret meetings occurred. She recounted various community events, school tours, ribbon cuttings, media meetings, neighborhood gatherings, and youth engagement efforts she recently attended. She emphasized the importance of public trust and clarified that discussing non-agendized items during meetings would violate transparency laws. She expressed hope for restoring any lost trust and thanked the community for its participation.
- 1 -
8/11/2026 5:30:00 PM
CITY MANAGER COMMENTS & REPORTS
City Manager Lopez announced that the City will be hosting a community meeting on the Pelandale Streetscape Improvement Project on Thursday, August 13th at Mildred Perkins Elementary School. He also reported that a recent fatal e-bike collision had reminded the community of the need for road and trail safety. In response to growing concerns about bicycles and e-bikes, the City had been finalizing Municipal Code updates that included clearer guidelines, restricted zones, and increased penalties, which they hoped to bring to the Council soon. He then clarified the situation regarding data centers. He stated that the City had not received an active application, had not been asked to sign an NDA, and had only received one or two general inquiry calls. The City’s code does not allow data centers, and any attempt to permit them would require a Code amendment. He explained that if the goal were to ban data centers, the City could simply update its code to make them explicitly prohibited. Although the City was still evaluating whether a moratorium was necessary, he emphasized that data centers were already not allowed under current regulations. He concluded by saying staff would continue their due diligence to determine the best steps for protecting the community.
MATTERS TOO LATE FOR THE AGENDA
None.
ADJOURNMENT
This meeting adjourned at 9:28 p.m.
Attest:____________________________
Diane Nayares-Perez, City Clerk