City Council - Regular Meeting

Because we should figure that out. Oh, it is time. All right. It having reached the hour of 530, I am calling the July 14th, 2026 Modesto City Council meeting to order and ask the city clerk to call the roll.

Council Member Bavaro. Here.

Vice Mayor Williams. Here. Council Member Wright.

Here.

Council Member Scutia Brayton.

Here. And due to my participation in the city-related conference, I am participating remotely under the just cause provision of SB 707. And there are no other individuals with me here. Council Member Alvarez. We're in the process of trying to...

Thank you. Currently not in attendance. Council Member Rickey.

Here.

And Mayor Zwollin.

Here. In accordance with Senate Bill 707, effective July 1st, 2026, public comment may be submitted remotely via Zoom. For live written translation in up to 25 languages, please use the wordly QR code on the agenda. Will everyone please rise for the Pledge of Allegiance followed by the invocation from Pastor Darrell Cummings, Christ Community Church.

I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.

Heavenly Father, we give you thanks for the opportunity to be here this evening. Lord, we speak blessings over these leaders of our community. And we're so grateful for the city of Modesto and how you've blessed this thriving, growing community. I pray now for your favor on our meetings and that this business that they attend to Lord, that you would give them great wisdom and insight. I thank you for how you provide for us. So Lord, we commit this evening to you and we give you thanks. In Jesus' name I pray, amen.

Amen. Thank you.

Thank you, Mayor. Council Member Alvarez is online. I'll go ahead and call the roll for him. Council Member Alvarez.

President, apologies for the technical difficulties. I'm participating remotely under the just cause provisions of SB 707 due to a city-related conference. There are no other adults present in the room with me.

Thank you.

I can now make the city clerk announcements, Mayor. I have a few announcements this morning, this afternoon. First, written public comment was received and that was forwarded to the council. Second, per Senate Bill 707, if a technical issue arises with Zoom or the phone dial-in option during the meeting, proceedings will pause for up to one hour while restoration efforts are made. If remote access to the meeting cannot be restored, the city council may continue with the meeting upon making a finding by roll call vote that good faith efforts have been made to restore remote access and that continuing the meeting outweighs the public interest in remote access. All disruptions and decisions will be documented in the official minutes. A reminder, public comments are limited to three minutes. For those attending in person, speaker cards can be found at the entrance of the chambers If you are joining us remotely and wish to comment via Zoom or by phone, please use the raise hand feature or press star nine on your telephone when the relevant agenda item is announced. The mayor will then call upon you when it's your turn to speak. Thank you.

Thank you. Do any of the council members have any conflicts of interest? All right, I see Council Member Ascudia Brayton shaking her head. She does not. How about Council Member Alvarez? No. Thank you. Will the City Attorney report out on closed session, please? Yes, Mayor.

The Council considered a couple items related to litigation in closed session today. No reportable action was taken.

Thank you. Next is Item 1, a presentation by Stanislaus Regional Transit Authority, Stan RTA, regarding route changes. Welcome.

and city councils. Great to see you all. Definitely want to recognize the members of the Standard Tate Board of Directors as well. Councilman Berwicki, Wright, and Williams on occasion. Tonight I wanted to provide an update on our short-range transit plan and what we're doing with the route system.

And here we go. Thanks, Scotty.

Center T has embarked on a short-range transit plan to look at all of our routes to figure out how we can make them work a little bit better for the communities that we serve. We are doing this, one, to look at all the routes, but also we have a $3 million shortfall in our funding streams. And so we're looking at doing a 15% service cut across the whole system due to that funding stream shortfall. So we've engaged a consultant to help us with this process and have started We did a big public outreach over the winter time where we asked the community for their input on what's working well and what's not. The consultant came back to us with ideas and some proposals for what they think would work well for our service area. And right now we're in a public input process phase where we're asking the public for their input on the proposed route changes. So we're in that phase now. We're looking for the public to provide us input on those route changes at a website called connectthes.org. All the route changes are there, and I'll go through that here in just a moment. So we're looking to refine the service concepts here in the next month or so, taking the final short-range plan to the Stan RTA Board of Directors for approval, and then we'll implement in mid-2027. So our priorities for this effort was really to look at the service design, look at the passenger experience, and look at the service efficiency as well. Really trying to look across the board how we can make the best system we can with the resources that we have to work with. So just a recap of our current conditions over the existing conditions. This first slide is a ridership of what we've seen on the bus system for the last three or four years, which has been awesome. You can see that graph, the ridership of the bus system has gone up over the last four years, which is great to see that more and more people are on the bus system. This next slide shows a little bit about what the planners have used as they develop the proposed route changes. This map shows all the bus routes in the Modesto and Ceres area and all the bus, sorry, the bus routes and the bus stops. Each of the bus stops you can see has a dot on it and those dots represent how many people use that particular bus stop. So the bigger the dot, obviously the more people use the stop. And so most of the time you can see where the high ridership stops are here in the downtown area, along McHenry, at the mall, and several other key places across the Modesto area. And so obviously we want to continue to maintain those stops and service those stops, but we want to make sure that we're getting people around the best way that we can. One of the other tools that the planners used was this graph as well, which shows how well the bus system is used, each route is used. So how many people are on the bus every hour of the day, or on average every hour of the day, that's across the bottom, and then across the top is how many total riders are on the bus throughout the week. So you can see that most of the routes that are on the right-hand side, those are the high ridership routes. The routes on the left-hand side that are yellow, or on the lower left-hand side, those are routes that aren't served. or don't have the best ridership, although they do serve a critical part of our county. Oh, here we go. went too far. So this is a snapshot of the summary. We're seeing great ridership growth across the system, although with some of the diminishing revenue and fuel cost increases, there are some opportunities here to adjust the routes and to provide the best service we can with the resources that we have to work with as well. So the proposed changes are really just to make the routes more simple, make them direct, make them easier to understand. As you make them simple and easy to understand, more people will use the system, even if we have to reduce service. We wanted to try to make the routes more connected as well, creating more hubs across the system. As you create more hubs, you can tie in more routes across town. With the schedule itself, we're trying to look at more frequent service if we can with the resources we have in those high ridership areas and update the travel times to really make sure the routes can stay on time. If you go to connectvs.org, there is a map on there that shows what the current routes are today and what the new routes are here. You can see the image starts starting to move there, which is great. There's a slider on the website. You can slide this back and forth. You can see what the old routes are, sorry, what the routes are today and what they're proposed to be in the future. It's a great tool to use that way to try to flip back and forth between the different maps and try to figure out what's new and what's changing. It's a quick and easy way to do it there right on the website. And then on the website as well, you can make comment on Pacific areas of town, on Pacific routes that you might have a concern about or think they work great. And so I encourage everybody to go to ConnectVS.org to provide their input on all the route changes that we proposed. Some additional changes that we're looking at, impacts to the paratransit system. There's not too many impacts. We are required to serve the three-quarters of a mile from a fixed route as the paratransit service. So all those red areas are areas that won't be served in the future, but these are really areas outside of Modesto and more of a rural area. However, anyone that's currently enrolled and using the ADA paratransit service in these areas will be grandfathered in. In addition, we're looking at stopping service just on certain holidays. Right now, ADA Paratransit Service operates 365 days a year. We are proposing to eliminate four of those holidays and not operate on four of those holidays, but continue operating on Thanksgiving and Christmas. So the next steps is really, as I outlined at the beginning, we're in the public outreach phase right now. We're looking to refine the service concepts and take the final to the Board of Directors for approval in September and plan for the service change in 2027. And just a reminder again, go to connectthes.org to provide any public comment. We definitely are looking at all of those and we'll take all of them seriously. And with that, definitely thank you for your time this evening and happy to answer any questions you might have.

All right. Thank you very much. Are there any comments or questions from council? Council member, excuse me, Vice Mayor Williams.

Thank you, Mayor. Thank you, Adam, for your presentation. And then also I have noticed that there is a lot of more ridership this month in the month of July, which is different funding mechanisms that allow there to be free rides all through July, which is a really good thing. And then also thank you for assisting with those rides going to Turlock to the Status-Loss County Fair. which is still open till Sunday, and it's free on Saturday from 12 to 3, so just want to let you all know that if you want to go to Stanislaus County Fair. And I also noticed that there were more people riding the bus when the gas prices were astronomical, and I still notice that even today as I drive through the town and see a lot of people at the bus stops, which is good. So that helps this community to have quality of life by being able to have an air-conditioned bus take them to and fro. So thank you for all you do. Thank you, sir.

Thank you. Councilmember Rickey.

Thanks, Mayor. Adam, I just wanted to thank you for all your work on these budget changes. I know that we've had a ton of success. The RTA has done quite well and has earned a lot of notoriety throughout the country for the hard work that we've done. It's a shame that we're losing momentum by having to cut budgets when... the service is working and doing what it's supposed to do. But I appreciate you, you know, concentrating on that and trying to find the most efficient way out of this without, you know, without compromising all the good things that RTA has done so far. So I appreciate you. Thanks, sir.

One thought that I have, and maybe it can be addressed, is for people with mobility issues, that have to maybe go an extra two, three, four blocks now where some of those went away, those spots. Are there extra services available for them or some way that they can have assistance with those needs?

The best way I can think of is if a person is not able to physically make a connection from a home or business, wherever they're going to, to a bus stop, they're not able to make that connection. We do have our ADA paratransit service that is available to anybody that is unable to use the bus system, the regular bus system. So the ADA service picks people up to their homes or wherever they're at and takes people to their – destination. So it's a door to door service and it's a service that we provide to those that can't use the fixed route system.

Thank you. Thank you for highlighting that. And this evening we do have Jorge that I understand wanted to make a comment regarding public transit.

Good afternoon, everybody. My comment is on about On the buses that go in back of the mall, from my understanding, there's some comment that the owner of the mall or something like that doesn't want the buses to go in back of the mall. So in my comment here, from my understanding about the ADA, title number three, talks about a common aid for disability. So it's some kind of hard if the changes are gonna go through because from Dale to where the bus stops right now, sometimes I know people and me, we have still, it's not correct because we get lost or something like that in my condition. So I wanted to speak that up. And then also, also by talking about the buses, if it's possible, that there's a stop on Don Pedro and Mitchell that's in service for bus 42, 29, or 47, if it's possible for the bus to stop there by one more stop. And then also, another comment, before I have walked where there's some lights, you know, about The thing that goes, the beep sound is not working anymore. I don't know why they have not fixed it or what has happened because that's not safety for me. So can you please make note on that? I do not remember the addresses at this time. And those are not working no more. So for this moment, that's about it.

Thank you. Thank you for your comments. And I would recommend that when you take your seat, it's great that we have Adam Barth here, who's the executive director for the entire organization, that he can connect with you and give his information so that you can have your very specific questions addressed and answered.

Only one comment, only one that I've got to remember right now. Okay. About the person that was speaking here, that there's going to be door to the place we are going because there's not going to be no more routes like before. I have been called, even though you have to wait days for them to put you on that schedule. So what happens if we need to go to the pharmacy, get medication, that transportation, that has to be more open. not be waiting like a week for them to go pick you from the house and take you to the pharmacy. Thank you.

Thank you very much for your comments. So Adam, would you be able to connect with him about the specifics? It's really helpful to hear these comments and to understand where it can be very difficult for patients people to navigate the city, and it's great that you're here tonight, so we appreciate you with your comments. Thank you very much, Adam, for your presentation. Thank you for being here this evening, and that concludes item one. Next on to item two, and feel free to share contact information or whatever. Next on to item two, a proclamation declaring August 2nd through the 8th, 2026, as National Health Center Week. I will read the proclamation. And I'm going to go back at this point for item one in case to verify if there was anyone online since we did open that item up for the public. Was there anyone online for comments on that item? All right, seeing none, we will go on to item two and I will read the proclamation. For over 60 years, community health centers have provided high-quality, affordable, and comprehensive healthcare in communities throughout the United States, strengthening local systems of care. They now serve more than 32.5 million people across the country, providing care to individuals and families from all walks of life, regardless of background or income. This year's theme is Building Innovative Care Where It Matters Most, which celebrates the creativity and commitment to advancing innovative solutions that meet patients where they are and to improve patient care, access, and outcomes. This week we celebrate America's nearly 1,500 health center organizations who deliver service at more than 17,000 locations and recognize the longstanding, nonpartisan mission of health centers to provide accessible care. We also honor the patients, staff, volunteers, and board members who make this possible. Let us celebrate the legacy of America's health centers and their vital role in shaping the past, present, and future of America's healthcare system. Now, therefore, I, Suze Wallenmayer, do hereby proclaim the week of August 2nd to the 8th, 2026, As National Health Center Week, I encourage all residents to learn about the essential services provided by health centers, dated this 14th day of July, 2026. Accepting the proclamation will be Yamilet Vialodili, Director of Government and Community Affairs with Golden Valley Health Centers.

Good evening, Mayor, members of the city council, city staff, and members of the public. My name is Alou Ceballos. I'm the government and community affairs manager for Golden Valley Health Centers. I want to start off by thanking you guys for recognizing National Health Center Week and honoring the work of community health centers. Every year, the first week of August, it provides us with an opportunity to really reflect on the work that we've been doing to increase access to care and increase the quality of care to the communities that we serve. Just this year, we started providing virtual urgent care services seven days a week. And here in Modesto, we actually expanded our urgent care services at our Sixth Street Clinic. And I also want to invite you all to our stakeholder appreciation event happening August 4th at 5.30 p.m. It will be at our Central Valley Pace Day Center located on Orangeburg Avenue. There'll be food, raffles, music, and tours. So I hope we can all see you guys there.

Thank you. Any comments from council members at this time?

Vice Mayor Williams. Thank you, Mayor. I think it's wonderful to have health care in our community, particularly four of them. When you think of Kaiser, Tenet, Sutter, and then, of course, Golden Valley, you can't get any better than that. And that's probably why they said water, wealth, contentment, health. Thank you for doing what you do.

All right. Thank you. Thank you for being here this evening, and I will now bring the proclamation down and present it.

Okay.

Thank you.

All right. Next is item three, a proclamation declaring August 4th, 2026 as National Night Out. And I will read the proclamation. For over four decades, National Night Out has served as an annual event that promotes police community partnerships and neighborhood fellowship to make our city a safer place to live. Modesto is a strongly connected community and recognizes the efforts of its residents, law enforcement agencies, and community organizations who work tirelessly to improve our community. In 2025, Modesto ranked fifth in the United States and first in California amongst similar sized cities in national night out participation. Every year on the first Tuesday of August, celebrations include police canine and mounted unit demonstrations, children exploring patrol cars and fire trucks, music and food. It enhances our relationships between residents and all first responders. National Night Out sends a clear message that neighbors and law enforcement are united. Ultimately, it increases crime prevention awareness and brings our community closer together when it matters most. Now therefore, I, Suze Wallin, Mayor, do hereby proclaim August 4th, 2026, as National Night Out in the City of Modesto and urge all residents, community organizations, and law enforcement agencies to participate in National Night Out events. This evening, we will, this will be received by Lieutenant Eric Schuller from the Modesto Police Department. Welcome.

Thank you, Mayor, Council. This year marks the 26th year Modesto has proudly participated in National Night Out. Last year there were 96 registered National Night Out parties in Modesto with an estimated 230 neighborhood blocks participating. As you mentioned earlier, Mayor, in 2025 Modesto ranked number one in California, number five in the nation for cities our size. As of today, 68 parties have already registered and we encourage everyone who is interested to sign up and be a part of this city-wide phenomenon. Parties can register on the city's website or by contacting the Modesto Police Department's Crime Prevention Unit. Registration does close on July 24th, so we do have a little bit of time. On a special note, I would like to recognize Crime Prevention Unit for their hard work as they plan for this event, especially those within the team, Adolfo Morales and Rocio Villasenor. National Night Out continues to be successful because of the dedication of our residents, neighborhood leaders, volunteers, community organizations, businesses, and our public safety partners. We thank everyone who helps make this event possible and look forward to another memorable evening of bringing our community together. Thank you.

Thank you very much for your presentation. And accepting this, which I will bring down soon, we have a comment from Teresa Gamboa regarding this item.

Good evening. Thank you, Mayor Zwollin, for allowing me to speak on this item. Good evening, council, city managers, staff, and members of the public. My name is Teresa Gamboa. I'm the chairwoman of Woodland West Community and a neighborhood watch coordinator. National Night Out was created by the National Association of Town Watch in August 1984. When it first launched, local news agencies encouraged people to turn on your porch light, go outside and meet your neighbors. Then a few years later, it was replaced by McGruff, who would say, go outside, meet your neighbors, take a bite out of crime. That year, 400 communities in 23 states participated. Today it's a nationwide celebration that promotes police and community partnerships. It has become even more than just police partnerships. City officials, elected officials, businesses, and local service departments participate. Through these relationships, neighborhoods are strengthened. Neighbors come together for food and fun, but stay connected in their communities. It's a great way to start a neighborhood watch group or work on issues in an organized neighborhood watch group. National Night Out has become my favorite day of the year. This year, I will be hosting my 17th consecutive National Night Out event. Yes, even during COVID, we had National Night Out at my house. It was done differently, but it was fun. It's my hope that more people participate in National Night Out this year, making Modesto not only a city of great neighbors, but a safer city for everyone who lives here. I would like to encourage people to sign up and hold a National Night Out party or attend one. For every person attending, it counts in the national rankings, which Lieutenant Shuler gave and you read. Everyone is welcome to come to my house this year. Senator Marie Alvarado-Gill will be with us, and I hope you join us as well. Thank you.

Thank you. Thank you for your comments. Comments from council members. Vice Mayor Williams.

Thank you, Mayor. And I want to thank Lieutenant Shuler for driving me around last year. And we had about, I don't know, 18 stops. And I think we did, what, 14? Did we get 14 or did we get 13? It was close.

I'll trust your numbers on that one.

Oh, okay. But it was great to be able to go into the neighborhood and talk with the residents that live there. Please forgive me for those who we didn't get a chance to get to. Maybe we'll go the opposite way next time and get to them first. But it is truly a good thing. It's a healthy thing for our community for neighbors to get to know other neighbors. I know people are busy with soccer and school and all kinds of things, but when they come out, It really makes a difference for our community to be a wonderful place to celebrate life. And thank you for your, and Chief, he didn't drive out of the speed limit. We made it to as many as we could without going over the speed limit and without the siren.

All right, Council Member Wright.

Thank you, Mayor. I think one of the best things I like about national life, that was the food. So, you know, District 6, we have some great barbecuers out there, and I just wish that we would maybe do it three or four times a year and give me a chance to eat all the food at all the different stops. But anyway, looking forward to it, and I thank you to thank staff and police department and crime stoppers and everyone that participates that makes this really a great event.

Thank you. Council Member Bavaro.

Thank you, Mayor. I also enjoy this one evening. It allows me the opportunity to meet and listen to many of my constituents in District 4 who, under normal circumstances, probably wouldn't have a chance to talk to them and listen to their concerns. And it just gives me more of a... a full perspective of what my district's about. And it's a night that I do enjoy. I think I did cover 23 last year. Yeah, you know that. So I outdid Jeremiah last year, first time. So let that be noted.

How late were you out? I think we stayed out until about 9. How did you do that? All right. We won't go there. All right. Any other comments from council members? Sorry. See what happens when I make one comment. Forget it. Any other comments from council members? Council Member Rickey.

Thanks, Mayor. Yeah, I just want to appreciate all the hard work, Lieutenant, that you do on this event. It's really great, but I do also want to recognize Teresa for her hard work on this event. Her party, I mean District 3, she represents District 3 and always makes us proud. She had a congressman at one of our national nights out in the past. She goes all out and it's a fantastic party. I'm proud to be at it and I'm proud of the work that we do in District 3 on National Night Out.

Thank you, and thank you for being here this evening, and I'll now bring the proclamation down to present it.

Thanks, you guys. Thank you. I appreciate it.

All right, next is item four. Consider accepting the resignation of Jamie Reed from the Entertainment Commission. Does council have any questions of staff? Seeing none, I will open this up to the public. Members of the public can come forward as I read your names, which I do not have any blue cards regarding this item. Or if you are participating remotely, please use the raise hand feature now or dial star nine on a telephone to indicate you wish to speak on this item. Would anyone like to speak on this item? No one in person. Is there anyone online? Seeing none, I will close public comments. Any comments from council members? Seeing none, I have a resolution accepting the resignation of Jamie Reed from the Entertainment Commission. Do I have a motion?

Motion.

Motion from Vice Mayor Williams. Second from Council Member Scudia Brayton. Will the clerk please call the roll?

Council Member Bavaro? Aye. Vice Mayor Williams? Aye. Council Member Wright?

Aye.

Council Member Scudia-Brayton?

Aye.

Council Member Alvarez?

Aye.

Councilmember Rickey. Aye.

And Mayor Zwollin. Aye. Carries unanimously. Item five is consider appointing Sarah Lytle-Pinney and John Griswold to fill two vacancies to the City of Modesto Entertainment Commission as a non-permit holder with a partial term ending December 31st, 2028 and appointing William Patterson to fill one vacancy of a non-profit Special event permit holder for a partial term ending December 31st 2028. Does council have any questions of staff? Seeing none, I will open this up to the public. Any members of the public that would like to come forward on this item? Seeing none, if you're participating remotely, please use the raise hand feature now or dial star nine on a telephone to indicate you wish to speak on this item. Is there anyone online? I do not see any hands raised. I will close public comments. Any comments from council members? Seeing none, I have a resolution approving the appointment of Sarah Lytle-Pinney, John Griswold, and William Patterson to the Entertainment Commission for partial terms ending December 31, 2028. Do I have a motion? So moved. Moved by Council Member Wright, seconded by Council Member Rickey. Will the clerk please call the roll for this item?

Council Member Bavaro? Aye. Vice Mayor Williams? Aye. Council Member Wright? Aye. Council Member Scudia-Brayton?

Aye.

Council Member Alvarez? Aye.

Council Member Rickey. Aye. And Mayor Zwolle. Aye. Carries unanimously. Next on the agenda is public comment. Public comment tonight is available both in person and through Zoom. Thank you for joining us. The city council meetings are a place where everyone is encouraged to share insights, listen, and participate in the decision-making process that benefits our community. To ensure a fair and respectful environment, the mayor is responsible for maintaining order and decorum, as outlined in the city charter and the rules of decorum posted at the entrance of the chamber. I ask that we are all respectful of all members of the public, presenters, and council members. Anyone who disrupts the meeting may be asked to leave. I appreciate your cooperation as we discuss key issues and make decisions that affect our city. We will now open public comment for items not on the council agenda. you have three minutes to speak. If you're participating remotely, please use the raise hand feature or dial star nine on your phone to indicate you'd like to provide public comment. I will alternate between participants attending in person and those participating remotely. I do not currently have any speaker cards. All right, welcome.

Good evening, Modesto City Council. I am the city of Modesto itself, and I'm here tonight to express my disappointment with a federal judge's decision to grant the ACLU's request for a preliminary injunction against my mask ordinance. I enacted this ordinance to keep protests peaceful and safe for everyone, including families, journalists, and small businesses, while trampling on the First Amendment rights of protesters I disagree with politically. On June 14th, 2025, a few peaceful protests were arrested at an ice facility, sorry, at an anti-ice protest for the outrageous crime of wearing masks. Then in August, the charges were dropped because those pesky people just wouldn't stop defending those peaceful criminals. Of course, instead of learning from my mistake, I doubled down. In December, I amended the ordinance to violate the First Amendment even more. I was so confident that this version would hold up in court, but then on June 30th, Judge John A. Mendez granted the ACLU's request for preliminary injunction, and now I can't enforce it. I am absolutely devastated. I'm horrified. I'm upset. How am I supposed to know who's criticizing me if peaceful protesters are allowed to protect their identities? It's extremely dangerous to allow people to wear masks while speaking out against agencies like ICE that are killing immigrants, two so far this week. If people are going to criticize powerful government agencies, the least they can do is show their faces. I mean, what was the point of this ordinance if not to make people think twice before exercising their First Amendment rights? Fear is an excellent deterrent. And now Judge Mendez has gone and ruined all of that. Yes, I know people kept warning me that this was how things would go. They said this was unconstitutional. They said I'd get sued. They said I'd lose. Well, yes. Yes, they did warn me repeatedly at this very podium. They were right and I was wrong. But I will still stubbornly fight against them until I inevitably lose the entire case. So on behalf of the city of Modesto, I'd like to thank everyone who tried to stop me for being completely right. I'll just make sure to ignore them more thoroughly next time. Thank you.

Thank you. Online, I see one hand raised, Ann Marie.

Hello, yes. My name is Anne Marie. I'm a constituent of the city of Modesto, and I came here to say that we were told you so. Can you hear me? Yes, we can hear you. Okay, excellent. I just wanted to make sure that you heard me when I say that we told you so. The constituents that have been showing up for the last year to city council meetings saying that the municipal mask ordinance and other enforcement of that ordinance would not hold up in court, we were correct. It is unconstitutional and violates our First Amendment rights, and it was such a pleasure being at the courtroom on June 30th and hearing a judge confirm all of the arguments that we have brought forth to you. And so I hope you deeply consider Cutting your losses now, I imagine you probably won't and will continue to pursue this court case until the very end. And you will lose and you will have wasted taxpayer dollars. And so I just wanted to come on the record to reiterate that. and say that you are wasting our taxpayer money on this court case when you could have just gotten rid of the ordinance in the first place. So thank you very much. That's all I have to say. Have a good night.

Thank you. Next is Steve. Steve.

I'm going to just take a swig real quick. Sorry, I'm literally running here because I'm late because literally this is funny. I hope you guys get a little levity out of this. My S bus didn't show up at all, and the next bus was substantially late. You guys like that, right?

Chris, you don't think that's funny?

You and I have different tastes in like, how do you say, quality of life kind of stuff. Sorry, thank you for giving me an extra moment. If you did not answer my question when I asked for extra time, I was still approaching the mic, I would like you to start my time over. This is absolutely not acceptable. I did not begin my public comments, and you seem to be okay with the fact that I needed an extra second to take a swig of my Gatorade. Are you trying to silence me by not following the Brown Act, by not following your own rules? You're going to stare at me? Start my time over, you sycophant. Start my time over. You're disgusting. So you know the dumb shit argument Brandon's been making this whole time? The exact opposite is true. On the 4th of July, I was exercising my constitutional rights to free speech and to wear a mask if I feel like it. I was assaulted twice. I told two different police officers about it. There were a bunch of witnesses. One of the guys, I was literally pointing him out to both of the cops. The first officer turned around and left, and the other one kept talking over me, pretty sure didn't do anything. My experience is literally proof that Brandon's argument, the exact opposite is true. When you guys single out to politically target part of the community, guess what happens? The other parts of the community, some of them see that as a green light to act out their violent ideologies on your community members, Susan. It's disgusting. The main reason I came here tonight was because I needed to make sure that you sycophants have not forgotten that four years ago today, your police department murdered Paul Chavez Jr., I am very familiar, Sue, with the machinations of the justice system that make it very easy to never have to prosecute killer cops. A lot of us are learning more and more every day, Sue. And it's not just pissed off people like me. It's all of us. The machinations that make it convenient for you guys to easily pretend that Sam Muncy did not murder Paul Chavez four years ago today, even though he showed up. When he showed up, Paul was literally laying on the grass in the shade recumbent, resting. Resting it off, Sue. Sam Muncy showed up with his gun already. And Chris is watching the clock, saying, OK, good. We'll cut him off soon. You're such a scoundrel. But Sam Muncy showed up and within like 20, I can't remember, 25-ish seconds, well under 30 seconds, had shot Paul dead. Do you call that public safety? It's not. Reasonable people call it a summary execution. Trump is turning this world into an actual full-fledged... police state, and you're helping them. So don't act like I don't have good reason to despise you and all of your disgusting policies. I wish I could have been there in Sacramento to laugh at Brandon when the judge made such a mockery out of his whole fucking bullshit. Have a great night. I don't know if there's anybody from the S-Bus that can talk to me. Next time I need a ride, I want to be able to call you, so just see me out back.

Excuse me. Thank you. Yes.

Enjoy your killing of democracy.

All right. My town, I live in it. All right. Online. Online. Anthony? Anthony? Sorry, excuse me. Excuse me.

The hand was I'm that's okay Bianca's Bianca Hi, good evening City Council members mayor, this is Bianca Lopez. I'm a paid advocate as Eric Alvarez has pointed out many times I would like to advocate to the City Council that you no longer continue to waste our tax dollars and to drop this whole case with the mask ordinance and remove the ordinance so that we're not continuing to argue this in court and that you can save some money. It was disappointing to see that the mayor was not in court. So I want to read a little part of it just to let you know how it went. I'll start off somewhere in the middle of the court. Well, the question then, there haven't been any protests since the third version of this ordinance has been passed. There haven't been any protests or public demonstrations in 2026 in Modesto yet. Is that right? Miss Thatcher, that's not true. The court, oh, that's not true. Miss Thatcher, Chief Gillespie speaks about a number of protests that happen in downtown Modesto. They're smaller, but they are, we are aware, plaintiffs are aware of no arrests from those protests, but we are aware and we have cited evidence that the city promises to enforce the ordinance at these protests. The court. Okay, run that by me again. Ms. Thatcher, the court. So there have been smaller protests in the city during this calendar year, but there haven't been any arrests. Do we know if any of the protesters, public demonstrators, have worn masks? Ms. Thatcher. Yes, Your Honor. Chief Gillespie says that some of them wear masks. The court. Do we know why the law then wasn't enforced? Ms. Thatcher. I don't know, Your Honor. That's the fundamental problem with this law. It's that it's so unwieldy, the court. Selective prosecution. Ms. Thatcher. Exactly. And I would offer that in the court. You'll get to answer that, Ms. Fox. Go ahead, Ms. Thatcher. Under the case law, both from the Supreme Court and the Ninth Circuit, the threat of arrest is sufficient to establish imminent harm justifying a preliminary injection. The court. So they were arrested under the ordinance. They were charged with misdemeanors under the ordinance. Ms. Fox. They were, and ultimately those charges were dismissed. The court for wearing masks. Ms. Fox, that is correct, Your Honor. The court, okay, but no one at the No-Kings rally, number of people, I assume, were wearing masks. None of those people were arrested? Ms. Fox, that's true, Your Honor. The court, or charged under the ordinance? Ms. Fox, that's true, Your Honor. The court, doesn't that sound like selective prosecution? Ms. Fox, no, it's not, Your Honor. The court, why not? Ms. Fox. You can see in the declaration of judge of Chief Gillespie stating in paragraph 31, talking about the particular measures that were put in place by the no-keens of information people about the restrictions so that they knew about the requirement to not wear masks, face masks.

But there were people wearing masks. I'm looking at my time.

Can you fix the clock?

You've exceeded your time. Can you finish your comments?

It would be nice if your clock actually worked, because I've been looking at the clock and it's still at three minutes. So I thought you were just giving me extra time. I would have rushed through this. But just to make this clear, it doesn't look good for the city of Modesto in court, and we hope that you no longer waste our tax dollars. Thank you.

You're welcome. I do not see anyone here in person for public comments, so I will go to... Oh, please. Yes. Yes.

Hello, my name is Greg Miranda, and I'm an avid golfer. I've been golfing most of my life, mostly here in Modesto, 68 years to be exact. The rest were in Hanford. I'm here to advocate for golfers that are 90 years or older, like myself, that I would like to advocate for a golfer who would like I'm asking like for a 50% discount in golf fees for golf carts. Such a program would not only help both of us who are still fortunate enough to be playing this wonderful game at this age, but it would also provide an incentive for younger senior golfers in their 80s to stay active and continue looking forward to reaching this special milestone of 90. Like I said, I've been playing golf all my life. It's been one of the greatest joys of my life, and I remain committed to the game despite the physical challenges that come with getting older. I don't think there's more than a handful of golfers that are 90 years old in Modesto that are still actively playing golf. And what a wonderful honor it would give them to be able to give them a program like a 90 Innova club that all the golfers that are in their 80s and 75 that are still playing golf, they would give them an incentive to keep playing and reaching that milestone of 90 to be able to be a member of that club that now I can receive 50% off on my golf green fees and 50% off my golf cart. And I think that's a great honor to give these guys that we're lucky to not only be 90, but to be able to be out there swinging the club. And like I said before, there's not that many of us, but there's a lot of them coming behind us. And what an incentive that it would give them to keep playing. And I'm going to reach that 90 and be a member of that club. So I thank you for allowing me to be here tonight to talk to you about this and just been in my mind for a long time that something should be done for guys that are still lucky enough to be able to play the game of golf at this age. So thank you very much. And I hope you consider this and make it happen for us. Thank you.

You're welcome. Next, Anthony.

Hi, can you hear me okay?

We can hear you. Okay.

Long-time listener, first-time caller. Haven't been able to give public comment on Zoom in a while. And I'm really glad to be able to. That's something we've been asking for for a long time. And I know there were some changes in some laws. Now it's required. not dissimilar from how, for a long time, members of this community were asking for a just really basic respect of hearing out our grievances regarding the problematic mask ordinance. And once again, and through no action on this body's That has been remedied, no thanks to this group. There's been some great points tonight made about how dragging this out in court is going to be just a waste of our tax dollars. I don't want to belabor that point more than to say it's really clear where this is going.

Just drop it.

There's no use dragging it out, especially not to appeals. I think things got pretty clear in the injunction hearing where this is headed. Read the writing on the wall. it would be so much better than wasting more of our time and our money. And to underscore the point of how much no one benefits from wasted time, I'll be spending the next minute and 42 seconds in silence here, but this is my time, so please do not continue until the timers get on down.

Thank you. I'm just curious with my city attorney if we're required to remain silent.

Okay, you have the time, Anthony?

For public comment, if you have more comments.

Yeah, this is part of my comment right here.

Okay. All right.

Have a good night.

Thank you. Is there anyone in person that wants to speak under public comment? This is for items not on the agenda.

Yes, Kevin McClaughey, District 1. I have a couple of items I want to discuss. First of all... the man who made the presentation with respect to the bus service earlier in talking about the 15% cut in funding for the bus service. And I'm just wondering, what led to that 15% cut? Was that because of a decrease in federal funding or a decrease in state funding? Or was it because of the money that has been spent on the mask issue, on funding the lawyers with respect to that. Was it because of that that the city did not have the money to fund the bus service? So I'm curious as to what the source of this 15% cut is. Now also, I want to discuss something with respect to the Modesto Police Department. THE MODEL ON THE SIDE OF THE POLICE CARS, POLICE VEHICLES IS TO PROTECT AND TO SERVE. NOW, LATELY WE'VE BEEN HAVING A LOT OF ISSUES WITH ICE AGENTS, NOT SO MUCH HERE IN THIS AREA BUT IN OTHER PARTS OF THE COUNTRY, RUNNING PEOPLE OFF THE ROAD AND THEN SHOOTING THEM. ICE agent vehicles, unmarked black SUVs without emergency lighting on them or any sort of indication that they are a police vehicle. In some cases, the vehicles are driving on the wrong side of the road, driving right toward the intended victim. putting the victim in a position where the only thing that he's able to do is to veer one way or the other, to get out of the way of the ice vehicle. When the victim or intended victim veers out of the way, then the ice agents use that as an excuse to say that the party was intending to ram into their vehicle and so they shot and killed them. And this has been happening perpetually. So my question to the Modesto Police Department, through the Mayor, is will the Modesto Police Department protect citizens of Modesto from ICE agents. Does that model to protect and to serve include protecting citizens from ICE agents? Thank you.

You're welcome. Next on line, Harlan.

Hi, everybody. It's Harlan. Thank you for opening up Zoom comments. I know that that was required, but I still am really glad to have the chance to join you. I'm actually calling in from Chicago tonight because this is really important to me. As an attorney, I was concerned about going for the preliminary injunction in the mask ordinance case. would be denied. The reason I thought it would be denied is because preliminary injunctions are an extraordinary remedy. Courts do not hand them out. It's called an extraordinary remedy for a reason. For a judge to grant one, they would have to conclude that the ACLU is likely to win the underlying case. likely to win. That's the first, there's four steps to a preliminary injunction. In order to get to the fourth step, you have to go through the first three. The first step is if they're likely to win. That means the ordinance content-based line drawing vagueness probably does violate the First Amendment. That is a strong signal about where this case is headed. It is not the final word. As you know, there's a lot more coming in this case. You can spend a lot more money But the preliminary injunction is a very strong signal from this court as to what direction it's going to go in. So the money that you've spent, the $345,000 that you've already spent on this is likely going to go much higher. We've talked about this already. That money could have been a park. That money could have been a park. And instead it's a preliminary injunction. What is likely to happen here is this case is gonna settle out. If it doesn't settle out and it goes to trial, it's going to be even more expensive. And depending on where this goes, this could make law for the region, this could make law for the state if it goes to appeal. This could be the opposite of what Modesto wants. This could be a very big case and make these types of mask ordinances unavailable to municipalities across the state. I don't think that's what Modesto wants, but that is the direction this is headed if you continue to throw money at it. it's gonna expand the case. So if you want to see mask ordinances, I mean, you can't in Modesto anymore, like you have an injunction against it, but I am concerned that the city does not understand the direction this case is headed. You're going to make good law for Modesto and California if you continue going after this point that's gonna lose. It's going to lose. So please stop throwing money after you guys. Please stop.

Thank you. Is there anyone else in person for public comment for items not on tonight's agenda? Seeing none, is there anyone online? All right. Next on the agenda is consent items. An item may be removed from consent and discussed at the request of a member of the public or council member. Is there anyone in the council that would like a consent item removed for further discussion? Seeing none, is there anyone in the public that would like an item removed from consent for further discussion or comment?

Yes, items 21 and 22 for questions.

All right, thank you. If you are participating remotely, please use the raise hand feature now or dial star 9 on a telephone to indicate you wish to remove an item from consent. Do we have any online requests? Seeing none, will the city clerk please read the consent items.

Item six, consider approving the minutes for the June 23rd, 2026 council meeting. Item seven, consider approving final adoption of ordinance 3816CS repealing title two administration. Chapter 3, Administrative Departments. Article 3, Office of the City Clerk and Auditor of the Modesto Municipal Code. Adding Title 2, Administration. Chapter 3, Administrative Departments. Article 3, Office of the City Clerk to the Modesto Municipal Code to clarify the Office of the City Clerk as a standalone position. And adding Title 2, Administration. Chapter 3, Administrative Departments. Article 20, City Auditor to the Modesto Municipal Code to establish the Office of the City Auditor as a standalone position consistent with the Modesto City Code. Charter. Item 8, consider approving the recommended budget adjustments to the fiscal year 2025-2026 annual operating and capital improvement program budgets. Item 9, consider approving the recommended reserve policies for the various internal service funds for the City of Modesto. Item 10, consider accepting the informational 2025 Measure H Oversight Board Annual Report. Item 11, consider approving the submission of eligible Opportunity Zones 2.0 to the Governor's Office of Business and Economic Development. Item 12, consider approving an agreement with ALTA Planning and Design for the preparation of a Downtown Modesto Multi-Module Transportation Network and Land Use Compatibility Action Plan in the amount not to exceed $449,966. Item 13, consider approving a Will Serve Letter an outside service agreement with Costa Limited Partners LP to connect to the City of Modesto's existing water and sewer systems for the property located at 4555 North Star Way, APN 046-011-002. Item 14, consider approving the plans and specs for the Coleman F. Brown Playground Replacement Project, accepting the bid and awarding a construction contract to Eclipse Pro DBA Jay Kahn of Elk Grove, California, In the amount not to exceed $643,768. Item 15, consider accepting the monthly investment report for April 2026. Item 16, consider approving the purchase for eight fleet replacements for heavy-duty construction equipment. For total amount not to exceed $2,210,323. Item 17, consider approving an agreement for the purchase of pipe saddles to pay supply Sacramento, California. For total amount not to exceed $225,000. $587 over five years. Item 18, consider accepting an informational report for the May 2026 accounts payable payment register and void report. Item 19, consider approving the agreements for conducting citywide administrative investigations to Ellis Investigations Law Corporation, Sacramento, California, Oppenheimer Investigations Group, LLP, Oakland, California, Shaw Law Group, PC, Sacramento, California, Command Investigations, Investigations, Lake Mary, Florida, CPSHR Consulting, Sacramento, California, and DigiStream Investigations, Davis, California, for a total combined amount not to exceed $800,000 over four years. Item 20, consider approving agreements for occupational medical services to OccuMed, LTD, Fresno, California, and Life Extension Clinics, Incorporated, DBA, LifeScan Wellness Centers, Tampa, Florida, for a combined total amount not to exceed $2,292,000 $500 over five years. Items 21 was removed from consent. Item 22 was removed from consent. Item 23, consider approving the agreements for the furnishings of bulk oil and lubricants to SC Fuels, Modesto, California and Hunt Oil of California. Of California, Modesto, California, for a total combined amount not to exceed $2,250,000 over five years. And item 24, consider approving an agreement for the furnishings of Analytical Laboratory Testing Services for drinking water to Institute for Environmental Health Incorporated, DBA IEHJL, Analytical, Modesto, California, for a total amount not to exceed $217,970 over five years.

All right, may I have a motion to approve the consent calendar as read?

Oh, I'm so sorry. I'm sorry. Excited to approve them with the exception of those requested, which were the two. 21 and 22 as read, yeah. Okay, thank you.

Second, Mayor.

All right. I have a motion by Councilmember Scootia Brayton, second by Councilmember Alvarez. Will the clerk please call the roll?

Councilmember Bavaro? Aye. Vice Mayor Williams? Aye. Councilmember Wright? Aye. Councilmember Scootia Brayton?

Aye.

Councilmember Alvarez?

Aye.

Councilmember Rickey? Aye. And Mayor Zwollin?

Aye. Those carry unanimously. Now we will go back to item 21. Consider approving a First Amendment to the agreement with Assurance Polygraph, LLC, Castro Valley, California, for polygraph examination services, and adding two additional agreements with Matthew W. Lampo, DBA, Lampo Investigations Polygraph, San Ramon, California, and Pacific... Is that coast or cost? Polygraph and investigations. Alameda, California, under the existing not to exceed amount of $538,260 between all agreements. And we will have a report. Thank you.

And that is Coast. Just a misspelling there.

Okay.

But good evening, Mayor and Council. So this agreement, really what it is, is currently with our current agreement, we have one polygraph polygrapher. And what we found is over the last two years, that really is causing a backlog in our hiring process. We require all full-time staff to go through a polygraph process. And we just find that our current vendor is not able to keep up the capacity that we need to not backlog our hiring. So this amendment doesn't increase the overall cost of that contract. It actually just adds three other options to our services so that we can continue moving people through the process. And I'm happy to answer any questions anyone may have.

All right. Thank you. Any questions from council regarding item 21? Seeing none, I will open this item up to the public. Any members of the public can come forward. Or if you are participating remotely, please use the raise hand feature now or dial star nine on a telephone to indicate you wish to speak on this item. So please.

So it's my understanding that a polygraph is not admissible in court. And so I don't understand why we would spend a half a million dollars on two items that are not admissible in court. And I just need clarification as to what we will be using them for. I mean, if say that presumably you find evidence from the polygraph that somebody is lying but then you can't use use it in court you okay so I you've proven to yourself that the person is lying but then you cannot go any further with that it just seems like that's an awful lot of money and I'm just wondering if it's things like this that are why we don't have the money for the bus service I'm just I I just need it to be explained to me why we would spend a half million dollars on something that's not admissible in court. Thank you.

You're welcome. I'd like to explain. Thank you.

Absolutely. Thank you for the question. So really this is a part of our hiring process and it's a tool. It's an overall assessment whether we believe somebody is somebody that we want to hire at the Minnesota Police Department. And so we never go through the court process when it becomes a hiring decision. What this tool actually does is more than finding somebody is lying, the tool actually typically discloses before because people don't want to be caught lying in a polygraph test, the disclosures that they wouldn't otherwise make if we didn't have the process is where we find a lot of people fail out. So they will disclose everything and typically, not typically, but generally be truthful prior to it so they can pass the polygraph, which has oftentimes we find disclosures that would disqualify them that they wouldn't make. So hopefully that makes sense. If they show up and they're not truthful in a polygraph test, then we can make a hiring decision at that point whether we're going to move them on or not. So it's really a tool that we use in our hiring process that I can tell you over the last five years as a police chief and even beyond, it has been an extremely useful tool in disqualifying candidates because of the disclosures they made that we otherwise would have absolutely not have received had there not been a polygraph process.

Thank you. Any other comments on item 21 from the public? In person? Seeing none. I cannot see the... Oh, there we go. Thank you. I don't see any online either. All right. So I... Any comments from council members? Council member Bavaro.

Yes, thank you, Mayor. Just for clarification, Kevin, this is internal. It's whenever we're hiring potential or future police officers. Polygraph is going on those individuals, not people who are arrested. And it's taking more than two weeks to get this done. The one we have right now only does 15 a month. And So we're losing qualified candidates who are going to other departments because of the time lapse. And so we need to get this done quickly. So it's police officers, not those who they arrest.

Any other comments from council members? Seeing none, I have a resolution approving a First Amendment to the agreement with Assurance Polygraph, LLC, Castro Valley, California, for polygraph examination services, and adding two additional agreements with Matthew W. Lampo, DBA Lampo Investigations Polygraph, San Ramon, California, and Pacific Coast Polygraph and Investigations Alameda, California, under the existing... not to exceed amount of $538,260 between all agreements and authorizing the director of finance to adjust agreement totals between vendors based on availability and department need, ensuring the combined total cost does not change, and authorizing the city manager or his designee to execute the agreement. Do I have a motion?

So moved. Second.

Moved by Council Member Wright, seconded by Council Member Rickey. Will the clerk please call the roll?

Council Member Bavaro? Aye. Vice Mayor Williams? Aye. Council Member Wright? Aye. Council Member Skudia-Brayton?

Aye.

Council Member Alvarez?

Aye.

Council Member Alvarez? Aye.

All right, Councilmember Alvarez, can you hear us? What next?

It seems like he's having problems with his connection. Can you reach out to him?

No, I can hear you now. The cell cut out. All right. Pardon me? I can hear you now. The sound cut out for like 15 seconds. Okay.

Council Member Alvarez. So this is voting on item 21?

Right.

What is your vote? Thank you.

Councilmember Rickey? Aye. And Mayor Zwollin?

Aye. So it carries unanimously. Next is item 22. Consider approving the award of bid and agreement for on-call airport planning services to Kinley, Horn & Associates Incorporated, San Jose, California for a total amount not to exceed $4,350,000 over five years. And we will have a staff report.

Good evening, Mayor and Council. My name is Chad Reed. I'm the Public Works Director. As you stated, tonight's consent item number 22 is to consider approving a five-year $4,350,000 contract to Kemley, Horne & Associates for Planning Services. It's important to note that this is authority only, so we're not actually assigning budget tonight. Planning services include noise and environmental studies. They also include airfield and airspace studies. These are a requirement by the FAA to be able to receive grant funding. We currently have two projects underway that will require this service. That's the reason why this staff report bypassed committee. It's important to note that over the five years each individual project that needs these services will be presented to Council and Council will have that opportunity to approve or deny at that time. I can answer any questions.

Okay. Thank you. Does Council have any questions of staff regarding item 22? Seeing none, I will open this up to the public. Are there any members of the public that would like to come forward on this item or if you are participating remotely, please use the raise hand feature now or dial star nine on a telephone to indicate you wish to speak on this item. So in person, we have Kevin.

So what I'd like to know is what are we planning for with respect to the airport? Are we, you know, what is the long-range thing that we're looking at in terms of the next five years? And does this have a commercial airline component to it? Is commercial airline travel one of the things that is or I should say service, commercial airline service, one of the things that is being projected as part of this, or is it, are we simply looking at it remaining a private airport for private planes as it is now, or whatever it is now? It's certainly not a commercial airfield now, whatever it is. I guess it's a general aviation airport is what it's actually considered at this point in time. But are we talking about studying it, you know, we're talking about these studies. Are these studies to study to for it to remain what it is now or for it to expand into something else? And if so, what is that? I'd like to know more about the long-term goals of this study. And why does it cost $4 million? Thank you.

All right. If you'd like to respond, please.

Sure.

So currently there's two projects underway that will require these planning services. The first project was approved by council. It's for the airport layout plan. The second project that's underway is the pavement maintenance management program. Both of these are funded through the FAA and they require on-call services, planning services to be able to be available, to be able to receive these grant funds. Additionally and it's important to point out. These are on-call services so these are for future projects that haven't come forward yet and Therefore as grant funding opportunities come down the road We'll be able to the city will be able to evaluate them and utilize these services should they be needed All right, thank you Online I see Bianca.

I

Yes, good evening, Council.

I had just a follow-up question. My question was similar to the last comment. Can you clarify a little bit more about the first project that was mentioned? And for transparency, I'd appreciate the Council to share future projects. You've done several studies, I believe, about the expansion of the airport, and they have not concluded that it's a great idea. A lot of the community members also agree. It does seem like you're not being transparent with future plans by allocating so much money, and in comparison to other communities, this does seem like you have plans that you are not coming forth with. Can you clarify what is that project, the first one, not the pavement project, I forgot the name or how you described it, but what does that entail? All right.

Hold on, just... Thank you.

Thank you. I had to phone a friend on that one. So the first project is the current layout plan for the airport and the tower move. So that's the first project that I spoke of. It's also important to note that there is an efficiency study going on for the airport. It's in draft phase and has not been brought to council yet, but is currently being reviewed by city staff.

All right, thank you.

You're welcome.

All right, anyone else in person regarding item 22? I do not see anyone else in person or online. So I have a resolution approving the award of proposal and agreement for on-call airport planning services to Kimley Horn and Associates, Inc., San Jose, California, for a two-year agreement with three one-year extension options for an estimated annual amount of $870,000 and a total amount not to exceed $4,350,000 over five years and authorizing the city manager or his designee to execute the agreement. Do I have a motion?

Excuse me, excuse me, excuse me, before we vote.

We did not have comment time. I think, yes. Let's make the comments now. I apologize. I got messed up on my notes. Please go ahead.

Thank you, Mary. I'm just really excited about this. Our airport has the potential to connect us with the rest of the country and the world. And it's wild that other communities like Merced has a third of the people that we do, and yet they have a functional airport with commercial flights. And Stockton has a ton of commercial flights that are really successful. And this consultant works with airports all over the country, and they'll help us keep our airport in line with all the FAA requirements. And when we eventually get the results of that airport feasibility study that we're waiting for, they might even be able to help us navigate that stuff. So the possibilities are exciting. The economic development impacts have huge potential, and I'm excited to support this.

All right, thank you for your comments. Any other comments from council members? Seeing none, as I have read the resolution, do I have a motion?

Motion, Mayor. Second.

Motion by Council Member Alvarez, second by Council Member Rickey. Will the clerk please call the roll for item 22? Council Member Bavaro?

Aye. Vice Mayor Williams?

Aye.

Council Member Wright? Aye. Council Member Scudia-Brayton?

Aye.

Council Member Alvarez? Aye. Council Member Rickey. Aye. And Mayor Zwollin.

Aye. Carries unanimously. Next on the agenda is council comments and reports. Do any members have comments or reports at this time?

Vice Mayor Williams. Thank you, Mayor. I'd like to thank all of those who came to the Fourth of July parade for the city's 250th celebration of the country on July 4th. There were about 127, 128 entries. The Grand Marshals were the Sutter Health, JS West, and the Farm Bureau, followed with the Champions of the 4th, Evan Porges and Brad Hahn. It was well attended. It was a lot longer than normal. Usually it's about an hour and 45 minutes. This was about two and a half hours. And those who stayed to the end The Modesto Kiwanis Club would like to thank you for that. Also, the Stennis Falls County Fair is happening right now, and it will conclude on Sunday. Sunday, all Sundays, this is the last Sunday, from 12 to 3 p.m., It's free to the public from 12 to 3 p.m. It's free to the public. You did hear earlier that if you wanted to take the Stan RTA or the S bus there, you could do that for free and enjoy the Stanislaus County Fair. And that's it, Mayor, for now. Thank you.

All right. Thank you. Council Member Rickey.

Thanks, Mayor. Somewhere along the line, Stanislaus Animal Services forgot who they're here to serve. Your job is not to be a system where dogs are removed from the street and then funneled into a concentration camp for extermination. SOS's actual job is to serve the public, to make our streets safe from dangerous animals, to help control overpopulation, to make spay and neuter affordable, to reduce disease with vaccination programs, and to reduce the feral cat explosion with TNR. We won't allow outfits like Best Friends, UC Davis, and San Francisco SPCA to dictate our services and how SOSA should support our community. It's our agency, it works for us, and not for people that don't even live here. I also want to talk a little bit about our Parks and Rec Department. Quite often Modesto does some amazing events, but our parks and rec department is really hitting some home runs this year. This summer they brought back the parks program I've been hearing residents talk about for years and years. And I know a lot of us heard about it here in public comment and stuff like that. But people coming and talking to us about how they remember the good old days where you could bring your kids down to the park and the city would have games and activities and good times outside without screens. And I am thrilled that the city of Modesto heard you and they brought it back. And so now every Monday through Thursday through July 30th, The activities are back. You can grab your kids. You can head over to East Loma Park, Grisaida Park, or Staniford Park, and you can join Rex Around Town. I think it's from 10 to 2, right? 10 to 2, Monday through Thursday. Absolutely awesome. But they're not done. They're not done. They're doing more good stuff. Modesto's, they were doing the Dive-In Movie. Dive-In Movie was a huge hit. It's a movie where you get to watch a movie in the pool at Johansson High School. It's a massive success. It's been wonderful to watch families celebrating Modesto's hot summer nights at the Johansson pool while watching a movie. And don't worry, there's another one coming up July 24th. At Johansson Pool, it's featuring Adam Sandler, the movie's grown-ups. So I hope to see you there. And finally, the issues at Enslin Park need to be dealt with. There's drug use, prostitution, and theft, and they just have no place there. Parks belong to families, kids, and residents. And this neighborhood deserves better, and it's time for the city to deliver. And I'm looking forward to new ordinances to reduce this problem and continued enforcement to bring the park to the level of safety that our community expects. Thank you, Mayor.

Any other comments from council members? I have a few. Mid Valley Engineering had an all-American celebration celebrating America's 250th birthday, and it was a wonderful community event close by, and I was grateful to be invited. And Oat Crafts by Jeremiah. Our own council member, Jeremiah Williams, had his 40th anniversary ribbon cutting on June 25th, which was delightful to attend. A really great celebration and congratulations once again for your dedicated work for our community. June 26, there was a Gold Runner passenger appreciation event at the Amtrak station. And we really surprised our rail folks that came from all over the state. They said Modesto really shows up. They did not expect the crowd that was there. It was a wonderful event to appreciate our passengers right there at the train station. Lots of good food and just a fun time to show up and be together. We were able to honor Lori Smith, our previous parks and recreation director, on June 26th at her celebration of life, and we miss her. I participated in a podcast interview with several different youth recently, but one was Ganit Bella. She has developed the Remedy Project. She's a high school student that works to improve youth's health throughout Stanislaus County. It was delightful to be with her. I'm impressed every time I spend time with our youth. I participated in a little preparation for our opera this fall with the barber of Seville, with him singing Figaro. So we are so fortunate to have an opera in our community, and I look forward to these presentations in the future. MoBand has completed their season, and they had a beautiful celebration on July 2nd honoring America's 250th birthday. Hundreds of people literally were there, and it was really exciting to be a part of that. We said we... have recognized the retirement of Sergeant Manny Corona and Lieutenant Martha Delgado and Lieutenant Brian Kleiber from the Modesto Police Department. I want to thank them publicly once again for their many, many, many years of service to our community and for the safe environment that they provide. We celebrated the Gallo Center for the Arts last evening. Beautiful event. And this morning, I was able to attend with Vice Mayor Williams, the state of the county. Supervisor Chiesa gave a heartfelt presentation and spoke about what it means to him to provide public service in our community. And I was inspired by his words. That's it for me. Vice Mayor Williams, back to you.

Thank you, Mayor. And also at the MoBan concert, the last MoBan concert, our very own Mayor did a narration for about 15 minutes with the music in the background. She was on beat and it was eloquent and everyone was at attention listening to that. So great job.

Thank you. That was to honor our veterans, I might add. And with a special note for World War II veterans, but all of our veterans were honored that evening. Thank you, everyone, for your comments. Does our city manager have any comments or report?

Yes, Mayor, thank you. I just want to update the community on one of our major projects, the Virginia Corridor. The pedestrian bridge is going to be installed this week. While that is exciting, it is going to lead to some traffic delays on Standford Avenue beginning on Thursday. Thursday, Thursday throughout the day, there will be traffic diverted off Stanford, and then on Friday through Saturday, Stanford will be closed so the deck can be installed. And lastly, our second episode of our original podcast, Momentum, will premiere on July 20th, and it focuses on the city's blight abatement efforts, our partnerships, and community efforts to make Modesto Mo beautiful. Thank you, Mayor.

Thank you. Next on the agenda is hearings. Item 25, a hearing to consider applying for and participating in the pro-housing designation program administered by the California Department of Housing and Community Development. And we will have a staff report. Welcome.

Welcome. Thanks, Mayor and City Council. Jessica Hill, Director of Community and Economic Development. There we go. So the Pro Housing Designation Program is a state initiative that recognizes local jurisdictions that help remove barriers to produce more housing production. And this is not just affordable housing production. This is housing production for all income levels. So some benefits to this designation is the pro-housing designation makes this city more competitive in state grants when we're applying for this. And it actually gives the city extra points when we apply for state grants. It also formally recognizes the city for our ongoing efforts to increase our housing opportunities and address our housing affordability. So some key things that we must demonstrate in order to receive this designation is we need to ensure we have an applicable and compliant housing element. We also need to ensure that we have housing friendly policies and that we have different programs in place to support housing production. Lastly, the city also must complete a homeless encampment questionnaire and conduct a public participation process prior to submitting our application. So the Pro Housing designation evaluates four different criteria, favorable zoning and land use, acceleration of housing production and timeframes, reduction of construction and development costs, and providing financial subsidies. When we did our initial review, the initial review requires a minimum of 30 points. What we determined with the City of Modesto is we have 35 points under those four categories. Some highlights of our application is really highlighting the policies and programs we have to support the housing production, affordability, and streamlined development processes. Some examples we've included is our opportunities for duplexes in our residential zones, as well as accessory dwelling units, our one-stop permitting through eTrackIt, our affordable housing fee reductions, and our housing rehabilitation programs. We also highlight the work that the city has done with bridge housing, permanent supportive housing, and other programs IN REGARDS TO OUR HOUSING PRODUCTION. SO AS PART OF OUR PUBLIC PARTICIPATION, WE DID HAVE A COMMUNITY OUTREACH PROCESS WHERE WE COMPLETED A 30-DAY PUBLIC REVIEW PERIOD WHICH LASTED FROM MAY 15TH THROUGH JUNE 15TH, 2026. WE PROVIDED OUR PUBLIC NOTICE THROUGH THE MODESTO BEAN BOTH ENGLISH AND SPANISH ON OUR WEBSITE AND THEN HAD A SOCIAL MEDIA CAMPAIGN. WE DID HAVE A TOTAL OF FOUR COMMENTS THAT WERE FORMALLY RECEIVED IN SUPPORT OF THE APPLICATION AND COMMENTS ALSO EXPRESSING CONCERNS RELATED TO GROWTH AND DEVELOPMENT. So following the action of council tonight, staff will submit the final pro-housing designation application to the state for formal review. The state will review this application and all the supporting documentation and to ensure that the city qualifies for the program and if approved, the city will receive the pro-housing designation and become eligible for additional funding across the different state grant programs. And with that, I do have a staff recommendation and I'm happy to answer any questions.

Thank you for your presentation. Does council have any questions of staff? Vice Mayor Williams.

Thank you, Jessica, for that presentation. Did you say how long it would take after being submitted when we would get the information back?

We don't have that time frame, but I anticipate around 60 days.

Okay, 60 days. All right, thank you.

All right. I'll now open the public hearing. Any members of the public that would like to come forward or if you are participating remotely, please use the raise hand feature now or dial star nine on a telephone to indicate you wish to speak on this item. This is item 25. I do. All right. Please come to the podium.

Thank you, Mayors Wall and Teresa Gamboa again. While we're talking about growth, ADUs, added duplexes in residential areas, we need to consider parking. We need to consider garages. I'm concerned that we're going to cramp too many homes in a small space and we're going to have parking wars. We're going to have neighborhood wars, and that's not good for anybody. And I'm also against expansion onto our prime farmland. Thank you.

You're welcome. Anyone else that would like to speak on this item? I do not see anyone in person, and I do not see anyone online. So I will close public comments. Are there any comments from council members? Council Member Rickey.

Thanks, Mayor. I'm excited to support this item. there's nothing that is more challenging right now for residents in this community than the cost of housing. Uh, it is unaffordable for most people, especially I got, I've got kids that are maybe never going to be able to afford to buy their own house, uh, just because of the level of expense and because there's just not enough inventory. And so while we do need to address the concerns that like Teresa is talking about, we also need to, uh, really work on the fundamental issue in that housing just costs too much here.

All right. Any other comments? This is a very serious issue and I'm glad that we're doing everything possible to move forward with all housing options. I have a resolution of the City Council of the City of Modesto authorizing application to and participation in the Pro Housing Designation Program administered by the California Department of Housing and Community Development and authorizing the city manager or designee to execute all documents necessary to submit and complete the applications. Do I have a motion? Motion by Vice Mayor Williams, second by Councilmember Scudia-Brayton. Will the clerk please call the roll for this item?

Councilmember Bavaro? Aye. Vice Mayor Williams? Aye. Councilmember Wright? Aye. Councilmember Scudia-Brayton?

Aye.

Councilmember Alvarez?

Aye.

Councilmember Rickey?

Aye.

And Mayor Zwollin?

Aye. Carries unanimously. Next is item 26, a hearing to consider approving the application and issuance of a permit to operate as a non-emergency medical transport company to Conn Healthcare in the City of Modesto. We will have a staff report. Welcome.

Good evening, Mayor and Council. Lieutenant Joe Bottoms from the Modesto Police Department. We're first up is going to be our non-emergency medical transport application for Khan Healthcare. Non-emergency medical transport permit process under muni code outlines the requirements for companies wishing to operate non-emergency medical transports within the city of Modesto. Interested parties must submit an application required documentation and a filing fee of $1,000. The Modesto Police Department then conducts a thorough background investigation. This is Con Healthcare. There are currently eight permitted ambulance companies approved to operate in the city of Modesto. It's good to know that prior to COVID, there were over 20. Con Healthcare has completed and submitted the application, provided requirement documentation, and paid the $1,000 filing fee. Modesto Police Department has reviewed and approved the application and concluded background investigation with no issues found. I'm happy to take any questions.

All right. Any questions from council? Seeing none, I'll now open the public hearing. Are there any members of the public that would like to come forward regarding this item? Or if you are participating remotely, please use the raise hand feature now or dial star nine on a telephone to indicate you wish to speak on this item. I do not see anyone in person. I do not see anyone online. So I will close public comments. Any comments from council members? Seeing none, I need a motion for a resolution approving the application and issuance of a permit to operate as a non-emergency medical transport company to Khan Healthcare in the city of Modesto.

So moved.

Motion by Councilmember Wright. I'll second it. And will the clerk please call the roll for this item? Councilmember Bavaro?

Aye. Vice Mayor Williams? Aye. Councilmember Wright? Aye. Councilmember Skutia-Breaton? Aye. Council Member Alvarez? Aye.

Council Member Rickey? Aye. And Mayor Zwolle? Aye. Carries unanimously. Item 27, a hearing to consider approving the application and issuance of a permit to operate as a non-emergency medical transport company to Heartway Transport LLC in the City of Modesto. We will have a report.

Good evening again. Another non-emergency medical transport application. This one's for Heartway Transport LLC. Background, same thing. Non-emergency medical transport permit process. Immunity code outlines the rules. Interested parties must submit the filing fee. We conduct a very thorough investigation, background investigation. This is the non-emergency medical transport, Heartway Transport, LLC. Again, eight permitted ambulance companies in the city. Before COVID, there were over 20. This company has completed and submitted the application, provided requirement documentation, paid $1,000 filing fee. The police department reviewed it, approved application, concluded the background investigation with no issues found. And I'm happy to take any questions.

All right. Questions from council members? Seeing none, I'll now open the public hearing. Any members of the public that would like to come forward regarding this item, or if you are participating remotely, please use the raise hand to feature now for this item, or dial star nine on a telephone to indicate you wish to speak. Seeing no one in person or online, I will close public comments. I need a motion for resolution approving the application and issuance of a permit to operate as a non-emergency medical transport company to Heartway Transport LLC in the city of Modesto. Do I have a motion? Moved by... Council Member Bavaro, do I have a second? Second. Second by Council Member Alvarez, and will the clerk please call the roll for this item?

Council Member Bavaro? Aye. Vice Mayor Williams? Aye. Council Member Wright? Aye. Council Member Scudia-Brayton?

Aye.

Council Member Alvarez? Aye. Council Member Rickey? Aye.

And Mayor Zwollin? Aye. Carries unanimously. Are there any matters too late for the agenda? Seeing none, I am calling this meeting of the City Council to be adjourned.