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*Amended
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, October 28, 2025 at 5:30 PM
Special City Council – Closed Session Meeting 3:00 p.m.
Roll Call - Present: Councilmembers Alvarez (Arrived at 3:07p.m.), Bavaro, EscutiaBraaton, Ricci, Williams, Wright, Mayor Zwahlen
Absent: None
Regular City Council Meeting 5:30 p.m.
Roll Call - Present: Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
Absent: None
Pledge of Allegiance to the Flag
Invocation: Associate Pastor Yolanda Williams, Good Life Church City Clerk’s Announcements: None
Declaration of Conflicts of Interest: None
Reports from Closed Session: No Reportable Action for 1-3, 5. Item 4 – The Mayor made a statement that the City Council completed the annual evaluation of City Clerk Diane NayaresPerez, unanimously concluding she continues to perform excellently and expressing appreciation for her service.
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ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Proclamation declaring November as Native American Heritage Month. (Funding Source: Not Applicable)
CITY COUNCIL; Breanna Griffin, 209-577-5421, [email protected] ACTION: Mayor Zwahlen presented a proclamation declaring November as Native American Heritage Month..
MISCELLANEOUS
2. Consider approving the appointment of Patrick Cavanah as the Culture Commission representative to the Landmark Preservation Commission for the remainder of 2025, with a term expiration of December 31, 2025. (Funding Source: Not Applicable) Staff Recommendation:
Resolution approving the appointment of Patrick Cavanah as the 2025 Culture Commission representative to the Landmark Preservation Commission with a term expiration of December 31, 2025.
PRN; Jessica Flores, 209-577-5366, [email protected] ACTION: (Wright/Alvarez; 7/0) Resolution 2025-381 approving the appointment of Patrick Cavanah as the 2025 Culture Commission representative to the Landmark Preservation Commission with a term expiration of December 31, 2025.
3. Consider accepting the resignation of Galen Carroll from the Measure H Oversight Board. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution accepting the resignation of Galen Carroll from the Measure H Oversight Board.
BUDGET; Stephan Christensen, 209-577-5390, [email protected] ACTION: (Ricci/Williams; 7/0) Resolution 2025-382 accepting the resignation of Galen Carroll from the Measure H Oversight Board.
PUBLIC COMMENT PERIOD
Terhesa Gamboa, chair of Woodland West Community, urged the Council to keep the mask mandate, citing public safety concerns and noting community support for police and reduced crime since Measure H passed.
Lisa Carlson urged the Council not to repeal the mask mandate, arguing masks enable anonymity during crimes and protests. She cited nationwide riots, thefts, and lawlessness since 2020, saying those committing such acts often wore masks to avoid identification.
Suzanne Gonzalez-Beban urged the Council to repeal the mask mandate, arguing it - 3 -
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contributes to government surveillance and endangers peaceful protesters who may need masks to protect their identities from federal monitoring. Milt Trieweiler urged the Council to permanently protect Modesto’s prime farmland north and west of the City from development, stressing its global importance, sustainability, and irreplaceability. He called for building within City limits rather than expanding outward to preserve farmland for future generations. Derek Castle urged the City to improve safety on Modesto’s shared-use trails due to rising e-bike speeds and related accidents. He suggested measures like speed limits when passing pedestrians and periodic park ranger checks to ensure compliance with state laws.
Ramon Rodriguez urged the City to address car-related dangers and invest more in public transportation, biking, and walking to reduce accidents. He also called for action to prevent the closure of the Salvation Army shelter, warning it would increase homelessness.
Dan Vega urged the City not to demolish the Modesto Center Plaza, arguing it should be repurposed as a daily community civic center rather than replaced with an expensive, high-risk stadium. He said the plaza could better serve residents year-round and strengthen community life.
Sebastian Jones, president of the Martin Luther King Jr. Committee, thanked the City for investing in the MLK Park renovation and requested space for a future statue of Dr.
King. He asked to collaborate with City staff and leaders on the project and to participate in the park’s ribbon-cutting ceremony.
Anthony Drobnick spoke about the City’s high spending on defending the mask ban and overfunding police. He urged the Council to repeal the Ordinance and redirect funds to community programs and an independent, well-resourced Police Review Board.
Sarah Bland thanked the City Council for listening to community concerns, praised Sebastian Jones for his persistence in renaming the park to Martin Luther King Jr.
Park, and acknowledged the $8.5 million funding and ongoing park improvements. Lucas S. honored recently fallen police officers in California, including those who died in the line of duty or traffic incidents, and requested a moment of silence to recognize their service.
Brian Benham urged the Council to repeal the mask mandate, emphasizing that wearing a face covering is not a violent act and does not cause crime. He called for courage, integrity, and respect for First Amendment rights. Ryann Hall, director of Communications at Cal Pride, argued that masks at protests - 4 -
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protect individuals’ identities and the health of immunocompromised people. She emphasized that repealing the mask Ordinance as it threatens First Amendment rights and could lead to costly litigation, urging the City to focus taxpayer dollars on community support instead.
Anne Marie urged the Council to repeal mask municipal code, arguing it is unconstitutional, unenforceable, and redundant due to Penal Code 185. She warned that inaction could lead to costly ACLU litigation and emphasized the need to prioritize funding for social services over policing.
Julissa listed numerous individuals killed by Modesto police over the years and questioned why half of the City budget is allocated to policing despite documented misconduct, including targeting of BIPOC protests. She highlighted ongoing concerns about police accountability and the unconstitutional mask Ordinance. Leah Hassett called for the full repeal of Modesto Municipal Code 4.2302 and the dismissal of charges from the June 14th arrests. She urged the City to view protesters as community members advocating for positive change rather than targeting them with enforcement or surveillance.
Emmanuel Vasquez Marin condemned the City for failing to place the June 14th protest and mask Ordinance on the Agenda, calling it a denial of justice and public accountability. He urged the Council to act promptly, uphold constitutional rights, and address police misconduct.
Laura Connor urged the City Council to repeal the mask Ordinance, citing its violation of First Amendment rights, harm to marginalized communities, and existing laws against masking during crimes, warning of potential ACLU legal action. Nora urged the City Council to place the mask Ordinance on the next Agenda and repeal it, highlighting its unconstitutional targeting of marginalized communities and warning that continued inaction will lead to a costly lawsuit, diverting resources from essential City services.
A speaker urged the Modesto City Council to repeal the mask mandate or at least place it on the Agenda, arguing that its continued enforcement allows police to target citizens and divert resources toward militarized policing instead of effective crime reduction and community improvement.
Allison Anderson Cisneros urged the Council to repeal the unconstitutional mask ban, emphasizing that resources should focus on community programs, arts, education, and inclusive strategies rather than solely on reactive or militarized policing, which limits effective problem-solving and community cohesion.
A local business owner spoke in support of repealing the mask Ordinance, emphasizing that it criminalizes peaceful protesters and forces residents to choose between - 5 -
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exercising their First Amendment rights and protecting their families. She urged the Council to add the issue to the Agenda to prevent community division and unnecessary use of taxpayer dollars.
Galen, a Modesto resident and nurse practitioner, spoke about issues with the National Take Back Day event on October 25th. They noted that police department doors were closed, there were no signs or fliers, and medication drop-off bins were insecure. Galen suggested quarterly events with secure drop-off containers to better protect the public and the environment.
A local resident expressed frustration at attending City Council meetings for four months without seeing action, noting that elected officials are meant to represent the people. They shared their feelings briefly without a prepared statement. Written General Public Comment Received (Funding Source: Not Applicable) CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS: 4-7, 9 (Escutia-Braaton/Bavaro; 7/0)
CONSENT
Consent
4. Consider approving the minutes for the October 14, 2025 Council Meeting. (Funding Source: Not Applicable)
Motion approving the minutes for the October 14, 2025 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
5. Consider adopting the Bylaws for the Measure H Oversight Board. (Funding Source:
Not Applicable)
Resolution approving the Bylaws for the Measure H Oversight Board Committee.
BUDGET; Stephan Christensen, 209-577-5490, [email protected] ACTION: (Escutia-Braaton/Bavaro; 7/0) Resolution 2025-383 approving the Bylaws for the Measure H Oversight Board Committee.
Consent
6. Consider approving the Second Amendment to the Agreement with Homebase, San Francisco, CA, to continue Consultant Services to Support Local Homeless Programs for an additional $150,000, for a revised total Agreement amount not to exceed $245,000. (Funding Source: Various Funds)
Resolution approving the Second Amendment to the Agreement with Homebase, San Francisco, CA, to continue Consultant Services to Support Local Homeless Programs for an additional $150,000 for a revised total - 6 -
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Agreement amount not to exceed $245,000 and authorizing the City Manager, or his designee, to execute the Amendment.
CED; Edgar Garcia, 209-571-5211, [email protected] ACTION: (Escutia-Braaton/Bavaro; 7/0) Resolution 2025-384 approving the Second Amendment to the Agreement with Homebase, San Francisco, CA, to continue Consultant Services to Support Local Homeless Programs for an additional $150,000 for a revised total Agreement amount not to exceed $245,000 and authorizing the City Manager, or his designee, to execute the Amendment.
Consent
7. Consider approving an Agreement with Honeywell International, Inc. DBA US Digital Designs by Honeywell Tempe, Arizona for Software Maintenance and Hardware Repair Services for the Phoenix G2 Fire Station Alerting System total amount not to exceed $359,662 over five years. (Funding Source: General Fund) Resolution approving an Agreement with Honeywell International, Inc. DBA US Digital Designs by Honeywell Tempe, Arizona for Software Maintenance and Hardware Repair Services for the Phoenix G2 Fire Station Alerting System for a five-year Agreement in an amount of $342,535 with a 5% contingency in the amount of $17,127 for a total amount not to exceed $359,662 and authorizing the City Manager, or his designee, to execute the Agreement.
FIRE DEPARTMENT; Kevin Wise, 209-572-9590, [email protected] ACTION: (Escutia-Braaton/Bavaro; 7/0) Resolution 2025-385 approving an Agreement with Honeywell International, Inc. DBA US Digital Designs by Honeywell Tempe, Arizona for Software Maintenance and Hardware Repair Services for the Phoenix G2 Fire Station Alerting System for a five-year Agreement in an amount of $342,535 with a 5% contingency in the amount of $17,127 for a total amount not to exceed $359,662 and authorizing the City Manager, or his designee, to execute the Agreement.
Removed from Consent
8. Consider approving a Purchasing Agreement for the purchase of Equipment and Vehicle Parts with NFI Parts – The Aftermarket Parts Company, LLC (DBA NFI Parts), Louisville, KY, for a total amount not to exceed $1,175,300 over five years. (Funding Source: Fleet Fund)
Resolution approving a Purchasing Agreement for the purchase of Equipment and Vehicle Parts with NFI Parts, Louisville, KY for a two-year Agreement with three one-year extension options, for an annual estimated amount of $235,060 and a total amount not to exceed $1,175,300 over five years; and authorizing the Director of Finance, or her designee, to execute the Agreement.
PUBLIC WORKS; Patrick Crowley, 209-342-2274, [email protected] ACTION: (Wright/Bavaro; 7/0) Resolution 2025-386 approving a Purchasing Agreement for the purchase of Equipment and Vehicle Parts with NFI Parts, Louisville, KY for a two-year Agreement with three one-year extension options, for an - 7 -
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annual estimated amount of $235,060 and a total amount not to exceed $1,175,300 over five years; and authorizing the Director of Finance, or her designee, to execute the Agreement.
Consent
9. Consider approving the acceptance of a Grant subaward in the amount of $475,070.50 from the Federal Emergency Management Agency’s Building Resilient Infrastructure and Communities Program, through the California Office of Emergency Services for the Flood Risk Reduction Feasibility Study Scoping Project. (Funding Source:
Wastewater Fund)
Resolution accepting the Federal Emergency Management Agency’s Building Resilient Infrastructure and Communities Program Grant subaward through the California Office of Emergency Services (Cal OES) in the amount of $475,070.50 for the Flood Risk Reduction Feasibility Study Scoping Project and authorizing the City Manager, or his authorized agents: Utilities Director, Engineering Division Manager or Senior Civil Engineer, to enter into the associated Grant Agreement and execute all related documents, including Exhibit A, the attached Cal OES Form 130.
UTILITIES; Jim Alves, 209-571-5557, [email protected] ACTION: (Escutia-Braaton/Bavaro; 7/0) Resolution 2025-387 accepting the Federal Emergency Management Agency’s Building Resilient Infrastructure and Communities Program Grant subaward through the California Office of Emergency Services (Cal OES) in the amount of $475,070.50 for the Flood Risk Reduction Feasibility Study Scoping Project and authorizing the City Manager, or his authorized agents: Utilities Director, Engineering Division Manager or Senior Civil Engineer, to enter into the associated Grant Agreement and execute all related documents, including Exhibit A, the attached Cal OES Form 130.
COUNCIL COMMENTS & REPORTS
Councilmember Williams provided updates on recent and upcoming community events, including the MLK Park groundbreaking, Kids Park Day fundraiser, Valley BMW’s 25th anniversary, Dev Fest AI and technology event, and the upcoming Veterans Day parade and ceremony. He also mentioned attending a South Modesto Business United dinner and a scholarship event with the South Asian American Community Resources.
Councilmember Ricci addressed public concerns about e-bike safety on trails, calling for speed limits and regulations. He discussed Stanislaus Animal Services’ strategic plan, urging community input on programs like feral cat management, spay/neuter, vaccinations, and improved customer service. He also highlighted the start of construction at the new Martin Luther King Park, which will include a gym, outdoor event space, and other amenities, praising the parks department for securing the grant. - 8 -
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Councilmember Escutia-Bratton reported on a recent San Joaquin Valley Air Pollution Control District meeting, highlighting the agency’s role in regulating emissions, reducing smog and particle pollution, and managing public health and incentive programs. She noted successes including a 90% reduction in smog-forming emissions since 2000, replacing tens of thousands of old diesel engines, and significant drops in fine particulate matter. She emphasized ongoing challenges and collaboration with state, federal, and community partners to continue improving air quality in the valley. Vice-Mayor Bavaro echoed concerns about e-bike safety on trails, citing complaints from local neighborhoods and walking/jogging groups, and suggested stricter regulations. He also attended the first annual Police Investigators Association presentation, praising the Modesto Police Department and Stanislaus County District Attorney for showcasing investigative efforts in solving violent crimes and cold cases. Mayor Zwahlen highlighted recent community involvement, thanking the Parks and Recreation Department for a successful Day of the Dead celebration at the McHenry Mansion. She recognized Juana Carrasco as California’s first-ever individual First Responder of the Year and acknowledged the retirement of Stacey Mortensen, longtime executive director of the San Joaquin Regional Rail Commission, while noting ongoing efforts to bring rail service to Modesto.
CITY MANAGER COMMENTS & REPORTS
None.
MATTERS TOO LATE FOR THE AGENDA
None.
ADJOURNMENT
This meeting adjourned at 7:23 P.M.
Attest: ____________________________
Diane Nayares-Perez, City Clerk
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All Closed Session Matters Heard Prior to the Meeting
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: Jose Pinedo v. Elias McKnight
United States District Court-Eastern District
Case No: 2:24-CV-03242-JAM-CSK
*Recused due to Conflict of Interest (Real Property Interest) – Williams CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
One Case (Pursuant to Section 54956.9(d)(2) of the Government Code) CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
One Case (Pursuant to Section 54956.9(d)(2) of the Government Code) Letters from the American Civil Liberties Union Foundation and the First Amendment Coalition regarding Modesto Municipal Code Section 4-23.02 related to restrictions on use of specified items during public assembly.
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Pursuant to Section 54957 of the Government Code)
Title: City Clerk
CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – Unrepresented Employee Negotiator: Mayor Sue Zwahlen
Unrepresented Employee: City Clerk