Safety and Communities Committee
April 11, 2022

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www.modestogov.com
AGENDA
City of Modesto

SAFETY AND COMMUNITIES COMMITTEE / COUNCIL

WORKSHOP
Held Via Teleconference
(To Access Meeting Please See Instructions Below)
Monday, April 11, 2022 at 5:00 PM
*Roll Call: Chris Ricci, Chair
Sue Zwahlen, Vice-Chair
Rosa Escutia-Braaton, Member
Alternates: Jenny Kenoyer, Tony Madrigal, David Wright, Bill Zoslocki * Please Note: In order to respond to COVID-19, and pursuant to AB 361, the City will hold this meeting via teleconference and Committee Members will be calling in.

THIS MEETING WILL NOT BE PHYSICALLY OPEN TO THE PUBLIC
In order to minimize the spread of the COVID-19 virus, this meeting will be conducted pursuant to AB 361, which amended the Brown Act’s teleconferencing provisions and will not be physically open to the public. You may observe and participate in the meeting via teleconference as indicated below.

PARTICIPATING IN COMMITTEE MEETINGS IN CONFORMANCE
WITH AB 361
The City of Modesto is providing alternatives to observe and participate in Committee meetings.

If you wish to make either a general public comment or to comment on a specific agenda item, you may use one of the following options:

SUBMITTING COMMENTS BY E-MAIL
Written comments may be submitted via email to: [email protected] (include Agenda Item Number in the subject line). All comments will be shared with the Committee Members and placed in the record, but will not be read aloud during the meeting. Written - 1 -
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comments must be received by 3:00 p.m. on the day of the meeting.

VIRTUAL PARTICIPATION BY ZOOM VIDEO

CONFERENCING AND TELEPHONE
Joining the Committee meeting via Zoom
The City of Modesto is now offering the ability to view and participate in Committee meetings via telephonic conferencing via “Zoom” video conferencing computer technology. The meeting may be accessed through the use of Zoom using the following options:
 Enter the following link into an Internet Browser
https://us02web.zoom.us/j/86945970570,
 Enter the following link into an Internet Browser https://zoom.us/ and using the Webinar ID 869 4597 0570
 Passcode 84326
To use Zoom, please visit: https://zoom.us/ and either sign-up for a free Zoom account or continue as a guest. Once you have downloaded the app onto your mobile device, joined from your web browser, or downloaded the Zoom software on your computer you will be ready for the upcoming Committee meeting.

Joining the Committee meeting via Telephone
If you don’t have a smart phone or computer to access the meeting via Zoom, you can participate by phone, by calling 1-877-853-5257 (Toll Free) or 1-888-475-4499 (Toll Free) and enter the Webinar ID 869 4597 0570 Passcode 84326
Providing Public Comment on Zoom and by Telephone
The Committee Chairman will request public comment during the Public Comment periods on the meeting agendas and during each Regular Calendar Item on the Committee Agenda. Once the Chairman has announced the public comment period, please do one of the following.

USING A COMPUTER OR SMART PHONE APP:
 Click on the “Raise Hand” feature in the webinar controls. This will notify City staff that you have raised your hand.
 City staff will unmute your microphone when it is your turn to provide public comment.
 A prompt will appear to confirm you would like to be unmuted and then you will have three minutes to provide public comment.
 Once your public comment has ended, you will be muted again.

USING A REGULAR PHONE (not using a computer or smart phone APP):
 Dial *9 (star 9), this will notify City staff that you have “raised your hand” for public comment.
 City staff will unmute your microphone when it is your turn to provide public comment.
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 You will hear “you are unmuted” and then you will have three minutes to provide public comment.
 Once your public comment has ended, you will be muted again.  If your phone is unmuted, and you are unable to be heard, the host may ask that you Dial *6 to toggle mute on/off in Zoom.

Additional Zoom resources/support
Please visit Zoom’s website support page on helpful tips to prepare for the meeting:
https://support.zoom.us/hc/en-us/categories/201146643
Council has not delegated directive or final approval authority to the Committees. Committee actions are recommendations to the full City Council, not final decisions on an issue. This meeting is also noticed as a City Council workshop.

PUBLIC COMMENTS
Please refer to special public comment instructions above.

Three minute time limit per speaker
Only interested persons in the audience may present these matters. Under State law, Councilmembers may respond to matters being presented under this item only as follows:
a. Briefly respond to statements made or questions raised. b. Ask a question for clarification.
c. Provide a reference to staff or other resources for factual information. d. Request staff to report back at a subsequent meeting. e. Finally, a Councilmember or the Council itself may take action to direct staff to place a matter of business on a future agenda.

CONSENT ITEMS – ROLL CALL VOTE REQUIRED:

Information concerning the consent items listed below has been forwarded to each Councilmember prior to this meeting for study. Unless some member of the audience or Councilmember has a question concerning an item and asks that it be withdrawn from the consent list, the Council approves the items at one time. The action taken by the Council in approving consent items is set forth in the explanation of this individual item.

Any and all of the following agenda items are subject to action by the Modesto City Council.

This Agenda is on file at the Modesto-Stanislaus Library Reference Room, 1500 I Street, Modesto, in the City Clerk’s Office, Sixth Floor, 10th Street Place, and is available on the City’s Web site at www.modestogov.com.

In accordance with the requirements of Title II of the Americans with Disabilities Act (“ADA”) of 1990, the Fair Employment & Housing Act (“FEHA”), the Rehabilitation Act of - 3 -
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1973 (as amended), Government Code section 11135 and other applicable codes, the City of Modesto (“City”) will not discriminate against individuals on the basis of disability in the City’s services, programs, or activities. For more information, please visit the City of Modesto website at https://www.modestogov.com/865/Americans-with-Disabilities-Act-ADA In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (209) 577-5396. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

CONSENT
An item may be removed from consent and discussed at the request of an audience member or Councilmember.

1. Consider approving the donation of Canine Fuse from Thor’s Hope Foundation, for use as a facility dog for the City of Modesto Fire Department, for an estimated initial cost of $287, and an estimated annual cost of $3,337, and forwarding to Council for approval. (Funding Source: General Fund)
FIRE DEPARTMENT; Alan Ernst, 209-572-9590, [email protected]

2. Consider approving the submission of an application for the Fiscal Year 2022-2023 Cal Fire Rural Fire Capacity (RFC) Program Grant, in an amount that will not exceed $40,000, which includes a 50% local match, for the procurement of wildland firefighting equipment and forwarding to Council for approval. (Funding Source:

General Fund)
FIRE DEPARTMENT; Alan Ernst, 209-572-9590, [email protected]

NEW BUSINESS

3. Consider approving a two-year Blight Abatement Pilot Program in accordance with the 2020-2025 Blight Abatement Strategy and the 2021 Modesto Forward strategy, allocating $750,000 in America Rescue Plan Act funding toward blight abatement efforts, and forwarding to Council for approval. (Funding Source: America Rescue Plan Funding)
CITY MANAGER; Edgar Garcia, 209-571-5101, [email protected]

4. Consider an Ordinance approving the Modesto Police Department Military Equipment Use Policy 710 in accordance with AB 481, and forwarding to Council for approval. (Funding Source: Not Applicable)
POLICE DEPARTMENT; Jason Grogan, 209-572-9500, [email protected]

5. Consider accepting an informational report on the funding made available by the American Rescue Plan Act of 2021 (Act), and discuss ideas for community, and organizational support with the funds made available in Year 2 tranche of the Act. (Funding Source: American Rescue Act)
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CITY MANAGER; Edgar Garcia, 209-571-5101, [email protected]

MATTERS TOO LATE FOR THE AGENDA
These may be presented by members of the City Council and staff upon determination by a majority vote that an emergency exists, as defined by State law, or by a 2/3 vote that (1) there is a need to take immediate action, and (2) that the need for action came to the City’s attention after the agenda was posted.

ADJOURNMENT
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on at by
date time signature
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

April 11, 2022
Date: March 9, 2022
TO: Safety & Communities Committee
Chris Ricci, Chair
Sue Zwahlen, Vice-Chair
Rosa Escutia-Braaton, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Alan Ernst, Fire Chief
SUBJECT: Donation of Canine Fuse as Facility Dog for the Modesto Fire Department CONTACT: Alan Ernst, Fire Chief, [email protected], 209.572.9590 DESCRIPTION:

Consider approving the donation of Canine Fuse from Thor’s Hope Foundation, for use as a facility dog for the City of Modesto Fire Department, for an estimated initial cost of $287, and an estimated annual cost of $3,337, and forwarding to Council for approval. (Funding Source:

General Fund)
STRATEGIC PLAN ELEMENT:

This item is related to the 2020-2025 Strategic Plan goal of improving community safety and quality of life through a combination of prevention and intervention efforts that address safety and its underlying issues.

BACKGROUND:

The Modesto Fire Department is in need of a facility dog to improve the health and wellness of our firefighters. Toxic stress is something that most firefighters and first responders are exposed to on a consistent basis. High exposure to cortisol and other stress hormones can have a negative effect on humans, both physically and emotionally. However, exposure to an animal, like Canine Fuse (“Fuse”), could significantly decrease these stress levels.

According to a study in the Journal of Evidence-Based Complementary & Alternative Medicine, facility dogs can improve ratings of depression, anxiety, pulse and pain, and they can enable people to relax, feel more trusting, and be more open to conversation. First responders are chronically exposed to many stress-inducing situations regularly.

In June 2021, by Resolution 2021-203, Council approved the donation of Canine Hudson for use as a facility dog. Since then, Hudson has helped improve the health and wellness of not #1..
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Safety and Communities Committee, April 11, 2022
Donation of Canine Fuse as Facility Dog for the Modesto Fire Department

only our firefighters, but everyone else in our community as well as surrounding communities. In August 2021, he attended and sat at an American Medical Response (“AMR”) Ops to provide support for employees dealing with the loss of a co-worker. In September 2021, he provided support for MFD members who responded to a traumatic call, where a child was hit by a vehicle. In October 2021, Hudson provided support to employees from Stanislaus County Behavioral Health and Recovery Services (“BHRS”) who performed bystander CPR to their coworker who had a heart attack while on-duty. In January and February 2022, he provided support to Stockton firefighters dealing with the tragic loss of Captain Max Fortuna, who was shot while responding to a dumpster fire. These are just a few significant examples of the way Hudson has supported people who need it most.

With the recent additions of contracts between the City of Ceres, Stanislaus Consolidated Fire Protection District and Turlock Fire Department, the number of personnel has grown, and so has the need for an additional facility dog.

Our hope is that interaction with Fuse will encourage connection and discussion so that, ultimately, we’ll be able to provide support, normalization of feelings and experiences, and referral to appropriate resources like our trained peer support personnel or an appropriate mental health clinician.

DISCUSSION:

Thor’s Hope Foundation, in partnership with Performance K9 Training, Inc., has generously offered to donate Fuse to the Modesto Fire Department for use as a facility dog. Fuse was specially bred and selected to complete intense specialized training to support firefighters in various settings and situations. The average cost of a facility dog of this caliber is $10,000, but Fuse would be gifted to the fire department.

Fire Captain Chris Steffen will be Fuse’s professional handler. Fuse will spend regular work shifts at the Training Division. The schedule consists of a 40-hour work week. Fuse will also be available for additional station visits as necessary and feasible. When on-duty, Fuse will wear a vest identifying his status as a facility dog with the City of Modesto Fire Department.

The Modesto Fire Department and Modesto City Fire Fighters Association (MCFFA) will cover the ongoing costs of Fuse. The estimated initial cost is $287 plus applicable taxes. The estimated annual cost is $3,337. MCFFA will cover the cost of wellness insurance, which is estimated at $420 annually.

FISCAL IMPACT:

The cost of Fuse is already budgeted through the department’s behavioral health program.

Please see the below tables for cost details:

Estimated Initial Costs / Supplies
Leash $15
Collar $15
Harness / Vest $50
Kennel $59
Food Bowl / Water Dish $15
Dog Bed $53
Carrier for Food $45
Service Vest $35
Total Cost $287
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Safety and Communities Committee, April 11, 2022
Donation of Canine Fuse as Facility Dog for the Modesto Fire Department

Estimated Annual Costs
Veterinary Wellness Check
(Standiford Veterinary
Center)
$517
Food $2,400
Wellness Insurance (USAA)
(MCFFA Sponsored) $420
Total Cost $3,337
Approved by:

Alan Ernst, Fire Chief
Joseph P. Lopez, City Manager
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

April 11, 2022
Date: March 9, 2022
TO: Safety & Communities Committee
Chris Ricci, Chair
Sue Zwahlen, Vice-Chair
Rosa Escutia-Braaton, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Alan Ernst, Fire Chief
SUBJECT: Application for the FY 22/23 Cal Fire RFC Grant CONTACT: Alan Ernst, Fire Chief, [email protected], 209.572.9590 DESCRIPTION:

Consider approving the submission of an application for the Fiscal Year 2022-2023 Cal Fire Rural Fire Capacity (RFC) Program Grant, in an amount that will not exceed $40,000, which includes a 50% local match, for the procurement of wildland firefighting equipment and forwarding to Council for approval. (Funding Source: General Fund) STRATEGIC PLAN ELEMENT:

This action supports the City of Modesto 2020-2025 Strategic Plan focus on quality of life under Goal A: Improve Community Safety.

BACKGROUND:

The Fiscal Year 2022-2023 Cal Fire Rural Fire Capacity Program Grant provides funding to organize, train and equip fire departments in rural areas and rural communities to prevent and suppress fires. The Modesto Fire Department contract with City of Oakdale and Oakdale Fire Protection District makes us eligible to apply for the grant. The RFC Grant Program provides financial assistance directly to eligible fire departments for critical training and equipment. The objective is to provide critically needed resources that equip and train emergency personnel to recognized standards, enhance operational efficiencies, foster interoperability, and support community resilience.

DISCUSSION:

The Modesto Fire Department is seeking authorization to submit a grant application for the Fiscal Year 2022-2023 Cal Fire Rural Fire Capacity Program Grant in an amount that will not exceed $40,000, which includes a 50% local match of funds. The department intends to apply #2..
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Safety and Communities Committee, April 11, 2022
Application for the FY 22/23 Cal Fire RFC Grant

for the replacement of wildland firefighting equipment in order to replace aging and outdated wildland equipment that is no longer in service or does not meet current standards. The deadline to apply for this grant is May 4, 2022.

FISCAL IMPACT:

There is a 50% required local match for the Cal Fire RFC Program Grant. The grant application maximum amount is $40,000 which would require a $20,000 local match. The department would fund the match within its adopted budget. Due to the critical need of replacing critical firefighting equipment, the department would prioritize funding within existing budget for the match. The equipment identified in this grant application has been identified as needing replacement; without this grant the Fire Department will bear the cost of the full $40,000.

Approved by:

Alan Ernst, Fire Chief
Joseph P. Lopez, City Manager
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

April 11, 2022
Date: March 22, 2022
TO: Safety and Communities Committee
Chris Ricci, Chair
Sue Zwahlen, Vice-Chair
Rosa Escutia-Braaton, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Scotty Douglass, Deputy City Manager
SUBJECT: Blight Abatement Two-Year Pilot Program Proposal CONTACT: Edgar R. Garcia, Housing and Urban Development Supervisor, [email protected], 209-571-5101
DESCRIPTION:

Consider approving a two-year Blight Abatement Pilot Program in accordance with the 2020- 2025 Blight Abatement Strategy and the 2021 Modesto Forward strategy, allocating $750,000 in America Rescue Plan Act funding toward blight abatement efforts, and forwarding to Council for approval. (Funding Source: America Rescue Plan Funding) STRATEGIC PLAN ELEMENT:

This item supports the City’s Strategic Plan Commitment for Quality of Life, Goal A: Improve Community Safety, Strategy 6: “Motivate and encourage staff and community members to identify and mitigate blight”; Goal D: “Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.” BACKGROUND:

The City of Modesto has implemented a series of blight abatement campaigns over the course of the last 30 years. Beginning in 1994, the Neighborhood Environmental Action Team (NEAT) channeled volunteer group action through the adoption of “Neat Zones.” At its peak, 22 Neat Zones were maintained by groups representing schools, businesses, professional organizations, and individual community members and completely funded through private donation.

In 2003, the Modesto City Council approved the “Don’t Trash Modesto” campaign which allowed groups to sponsor the on-going litter clean-up in an area, typically conducted by Honor Farm inmates. The program operated successfully until 2008, when the recession #3..
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Safety and Communities Committee, April 11, 2022
Blight Abatement Two-Year Pilot Program Proposal

caused a reduction in available resources. Any existing programs from these previous efforts are funded and conducted through the City’s routine maintenance of landscaping, public spaces, and right of ways.

Blight continues to be a key issue for Modesto, as identified in the 2019 citywide community survey, blight is one of the most pressing concerns of residents. In the same year, the City adopted the 2020-2025 Blight Abatement Strategy, developed through collaboration with community members, past partners, other agencies, and internal City departments. The strategy outlines initiatives for blight abatement in both public and private property, partnerships with community groups and stakeholders, and the formation of committee to advise Modesto City Council on blight.

Additionally, in April 2021, President Biden signed the America Rescue Plan Act (ARPA) into law to address the economic hardships and negative impacts caused by the COVID19 pandemic. The bill provides $1.9 trillion in emergency relief nationally, with $45,897,056 available to the City of Modesto. The Blight Abatement Program was approved as an expenditure within the Modesto Forward Strategy, adopted under Resolution 2021-194, which addresses applicable uses of ARPA funds and the goals the City of Modesto intends to meet with those funds.

DISCUSSION:

The Blight Abatement Program is a 2-year pilot program that demonstrates the City’s commitment and multifaceted efforts to abate blight and illegal dumping through communication and education, improve blighted private property, and encourage community involvement and pride. This proposal is intended to broaden the scope, awareness, training, participation and partnerships. The program is proposed for two-year pilot period and would be funded for the entire period by ARPA funds. The City also intends to make an additional allocation as part of the second allotment of ARPA funds that the City expects to receive from the Treasury Department to extend the term of the pilot period.

Following the pilot period, the City will pursue enhanced and sustainable funding sources to ensure the program continues well into the future and use data collected during the pilot to make informed policy and funding recommendations.

Staff anticipates a total cost of $750,000 to implement the Blight Abatement Two-Year Pilot Program components as detailed below:

1. Solid Waste Abatement Team – $300,000
A consistent concern from residents is the amount of time required for the abatement of blight issues; the current timeline for illegal dumping can take between 4-15 days to abate as code enforcement staff investigate and resolve the issue. To help address this, City staff intends to utilize funding to provide two maintenance worker positions, a truck, and a trailer to exclusively address illegal dumping where a responsible party cannot be determined. Funding will also cover disposal costs for collected dumping and litter. By streamlining the process through these proposed staff members, the City can remove approximately half of all illegal dumping with 3-5 days of reporting and discourage further dumping.
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Safety and Communities Committee, April 11, 2022
Blight Abatement Two-Year Pilot Program Proposal

2. Homeowner Rehabilitation Program – $250,000
Private property nuisance issues exist across the community. The Homeowner Repair Program is currently funded with Community Development Block Grant funding and has a Revolving Loan Fund which sustains the program through program generated income.

The current funding source allows for clients to be served who earn up to 80% of the area median income. Single family homeowners are able to qualify for a 20-year deferred loan at 3% interest with 20% of the total project costs granted after a 10-year affordability period. Mobile homes are granted up to $20,000 forgiven after a 5-year affordability period. The program typically expends $300,000 annually serving approximately 15-20 households in our community.

The requested funding will be available to residents who earn up to 140% of the Area Median Income, which would extend the reach and benefits of this program. Residents may qualify for up to $25,000 in assistance for the repairs with a 10% grant of up to $2,500. Financing will consist of a 10-year loan with a 3% annual accrual of interest.

3. Procurement of Cameras – $100,000
The City also recommends the purchase of approximately 6 cameras to deter residents from illegal behavior and to support staff with enforcing hot spot areas in the community.

With this allocation, the city estimates being able to purchase 6 additional cameras. The City is currently utilizing 3 cameras to deter illegal dumping in several areas and has been successful in ensuring the city is able to enforce the issue and securing several thousand dollars in fines. The proposed increase in cameras will support the ongoing initiative to help prevent illegal behavior such as dumping and also support with enforcement. The cost of a single camera is approximately $15,000.

4. Public Beautification Projects – $50,000
Several community organizations have proposed beautification projects to the city that are very creative and the city was unable to support the proposals due to the lack of funds and associated resources to support the projects. This allocation is intended to release a Call for Projects to local organizations that have historically been interested in beautification projects. Interested organizations may include the Dry Creek Trails Coalition, Operation 9-2-99, Love Modesto, Modesto Neighborhoods, Inc., and several others to support blight abatement or public beautification projects. Staff anticipates launching a Call for Projects in coordination with several departments in mid-2022, making varying amounts available to organizations to support their initiatives. The review and award process will be established by the Blight Abatement Advisory Committee.

5. Blight Abatement Advisory Committee Priorities – $50,000 The newly established Blight Abatement Advisory Committee has identified several blight abatement initiatives as priorities of the committee. In an effort to promote their ideas and begin the implementation phase, staff recommends allocating $50,000 to implement various initiatives that the Committee has proposed. The Blight Abatement Advisory Committee will determine which priorities within the Blight Abatement Strategy that it would like to pursue.
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Safety and Communities Committee, April 11, 2022
Blight Abatement Two-Year Pilot Program Proposal

FISCAL IMPACT:

The Blight Abatement Two-Year Pilot Program would be funded entirely by ARPA funds as designated in the Modesto Forward Strategy. The allocation of funding would be as follows:

Programs Blight Strategy Initiative Estimated Cost
Solid Waste Abatement Team
(2 fixed term maintenance
workers)
Rapid illegal dumping and litter
abatement
$300,000
Homeowner Rehabilitation
Program
Assistance for private property
renovations
$250,000
Procurement of Cameras (6
cameras)
Increase digital detection and
prevention methods in “hot spots”
$100,000
Public Beautification Projects Coordinate with public and private partners
$50,000
Blight Abatement Committee
Priorities
Community outreach and education
guided by BAAC priorities
$50,000
TOTAL $750,000
Approved by:

Scotty Douglass, Deputy City Manager
Joseph P. Lopez, City Manager
Attachments:

1. Blight Abatement Strategy
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Blight Abatement Strategy
City of Modesto
2020-2025 Blight Abatement Strategy
December 10, 2019
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City of Modesto
2020-2025 Blight Abatement Strategy
EXECUTIVE SUMMARY..........................................................................................................................................................4 INTRODUCTION ....................................................................................................................................................................7 Purpose ............................................................................................................................................................................7 Blight Defined...................................................................................................................................................................7 Background ......................................................................................................................................................................7 Effects on the Community................................................................................................................................................9 “Keep America Beautiful” Affiliation..............................................................................................................................10 Importance and Benefits of Collaboration.....................................................................................................................11 Blight Abatement Advisory Committee .........................................................................................................................12 SCOPE: Understanding the Scope of Blight ........................................................................................................................13 Blight Behaviors – Broken Window Theory....................................................................................................................16 BLIGHT CONTROL PROGRAMS............................................................................................................................................17 Partnerships...................................................................................................................................................................17 Downtown Modesto Partnership (DOMO)................................................................................................................17 Downtown Streets Team (DST)..................................................................................................................................18 Operation Clean Sweep (CalTrans) ............................................................................................................................18 Operation 9-2-99 River Clean Up (TRRP) ...................................................................................................................19 Love Modesto ................................................................................................................................................................19 Dry Creek Trail Coalition ................................................................................................................................................19 Neighborhood Environmental Action Team (NEAT) ......................................................................................................20 Solid Waste Services ......................................................................................................................................................21 Program Types (Commercial, Residential).................................................................................................................21 Weekly Pickup............................................................................................................................................................21 Bulky Item Pickup ......................................................................................................................................................22 Tire Program ..............................................................................................................................................................22 Solid Waste Code Enforcement.................................................................................................................................22 Street Sweeping Program ..............................................................................................................................................23 Green Waste ..............................................................................................................................................................24 Garbage Rate Descriptions ........................................................................................................................................26 Rate Review Process..................................................................................................................................................26

TABLE OF CONTENTS
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2020-2025 Blight Abatement Strategy
Illegal Dumping Abatement.......................................................................................................................................27 Abatement Team .......................................................................................................................................................29 Illegal Dumping on Private Property ..............................................................................................................................30 Fine Evaluation...............................................................................................................................................................31 Abandoned Shopping Carts............................................................................................................................................32 Tagging ...........................................................................................................................................................................33 Blighted Properties ........................................................................................................................................................38 Yard Trash Piles, Inoperable Vehicles, Landscaping – Weeds, Trees, Lawns.............................................................38 Opportunities for Enhancement of Existing Programs.......................................................................................................47 Bulky Item Pick Up .........................................................................................................................................................47 Neighborhood Environmental Action Team (NEAT) ......................................................................................................47 Illegal Dumping Abatement (public right of ways).........................................................................................................48 Neighborhood Preservation (private property) .............................................................................................................48 Shopping Cart Abatement..............................................................................................................................................49 Prevention and Enforcement Efforts .............................................................................................................................49 Public Education.............................................................................................................................................................50 MOVING FORWARD............................................................................................................................................................50 Action Steps ...................................................................................................................................................................50 Public Property ..........................................................................................................................................................50 Private Property.........................................................................................................................................................50 Public and Private Property .......................................................................................................................................51 Implementation Schedule..............................................................................................................................................52 Short Term.................................................................................................................................................................52 Intermediate Term.....................................................................................................................................................53 REFERENCES .......................................................................................................................................................................54 Case Studies...................................................................................................................................................................54 City of Oakland...........................................................................................................................................................54 City of San Jose ..........................................................................................................................................................55 Contra Costa County..................................................................................................................................................56 Kern County ...............................................................................................................................................................56 City of Fort Worth, Texas...........................................................................................................................................57 City of Austin, Texas...................................................................................................................................................57 Funding Scenario for Program Expansion..................................................................................................................57 #3..
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City of Modesto
2020-2025 Blight Abatement Strategy
Cost and Funding of Existing Programs ..............................................................................................................................58 MAXIMUM CHARGES FOR GARBAGE SERVICE - JULY 1, 2019............................................................................................61

EXECUTIVE SUMMARY
As identified in the 2019 citywide community survey, one of the most pressing concerns that residents have with the City of Modesto is blight. Blight encompasses abandoned vehicles, unmaintained property, tagging, litter, and illegal dumping. Data that the city has collected shows steady increases in reports of each of these issues. Cases of abandoned vehicles have increased by 43% in 2 years; cases of illegal dumping have averaged over 2,500 across the last 4 years; and lastly, between January and June 2019, code enforcement cases pertaining to private property have exceeded the total amounts for the last 5 years.

In previous years, the city developed programs and initiatives to tackle blight that were effective but struggled to stay solvent through reductions in resources. In response to these growing concerns and in light of previous initiatives, staff met with community members, past partners, interviewed other partner agencies such as the County of Stanislaus, and other departments within the City of Modesto. During the interviews of City departments, it was determined that there are initiatives throughout the organization that are isolated. Each of them is focused on abating blight activities and issues; however, there has been little opportunity to coordinate efforts to explore more efficient and effective methods that can often complement initiatives.

Following these interviews, staff began collecting and analyzing the data related to all existing programs and initiatives with the goal of evaluating current systems, exploring efficiencies, improving collaboration, and informing opportunities for enhancements or improvements to create this Blight Abatement Strategy (Strategy). Additionally, to ensure that the recommendations put forward are sustainable, staff has included three key components to this Strategy:
• The creation of a blight abatement advisory committee comprised of public and private stakeholders that will make recommendations to the City regarding program improvements, potential funding opportunities, and support with increasing volunteerism • Quarterly updates to the Safety and Communities Committee regarding the progress that staff has made on the Blight Abatement Strategy
• The development of a consistent promotional and educational campaign that includes strategic communication with residents and business owners
Goals

1. Reduce length of time to abate illegal dumping

2. Increase efficiency of processes and resources

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City of Modesto
2020-2025 Blight Abatement Strategy

4. Increase public/private participation through volunteer efforts and advisory committee

5. Improve enforcement to ensure long-term compliance

6. Increase public awareness through communication and education to benefit prevention efforts Strategies
Through interagency collaboration and coordination across departments, this Strategy includes all programs related to blight and has prepared the following action steps as short, intermediate and long-term initiatives as identified in the implementation action plan. The action steps are categorized based on the type of property that they will affect, such as:

Public Property
• Increase and enhance the digital detection and prevention methods through the use of video surveillance cameras
• Adjust budget to designate fees and fines to abatement of trash and illegal dumping • Work with haulers to evaluate methods of increased expediency of pickup through a fiscally sustainable program
• Research, evaluate, and consider Smart City technologies to provide more efficient and sustainable blight abatement activities while collecting data to guide future program initiatives Private Property
• Evaluate code enforcement program efficiencies related to noticing (14 days) and inspection • Train and empower City inter-departmental employees in code inspections • Enhance vacant commercial and residential property monitoring ordinance through registration and fee collection
• Initiate rental housing safety program which includes debris and overgrown vegetation enforcement
• Implement new permitting software system to automate the citation process and free up code enforcement officer time to increase productivity
Public and Private Property
• Conduct training in City departments regarding the processes to mitigate blight through the use of the GoModesto! Application
• Implement Key Performance Indicator (KPI) reporting that reflect program effectiveness • Council Resolution proclaiming a month that supports blight abatement • Conduct a fiscal and fee study (residential and commercial) to seek solutions to support a sustainable blight abatement program: illegal dumping fees, bulky item pickups, enforcement/fines, donations, in-kind contributions from volunteers, and others • Quarterly progress updates to the Safety and Communities Committee from staff • Creation of the Beautify Modesto Committee comprised of public and private partners • Affiliation with the “Keep America Beautiful” non-profit organization for training and education materials
• Implement a formal prevention campaign and implement an annual schedule #3..
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The Blight Abatement Strategy does not have a fiscal impact. However, the strategy will guide staff to bring forth these action steps for approval which will include material fiscal impacts. The Strategy will be a living, breathing document that will be reviewed and updated on a biannual basis and presented to Council for adoption of a new five-year period. The intent of the review/update is to reflect advances in technology, new partnerships, additional funding opportunities, and other program efficiencies or evolutions. Approval from the Modesto City Council of this Strategy will provide strategic direction to staff, inform the community, improve existing programs, and help beautify neighborhoods. #3..
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INTRODUCTION
Purpose
The purpose of the 2020-2025 Blight Abatement Strategy is designed to evaluate the current City programs to mitigate blight, identify immediate opportunities for efficiency and improvement, determine potential partnerships while strengthening others, and create an initiative that is practical and fiscally sustainable. This is an important opportunity to gather and examine meaningful data, identify trends, and evaluate future opportunities to leverage technology and help eliminate blight throughout Modesto. For purposes of this strategy litter shall be defined as trash, debris, and other items that have been discarded improperly – along roadsides, waterways, and other areas that are uncontained. Illegal dumping shall be defined as garbage piles on public or private property, which is considered to be an extreme litter or violation of a litter-related crime.

Litter and illegal dumping both contribute to the overall definition of blight, and they are a complex social phenomenon with different meanings based on the effects of larger social dynamics such as poverty, and other social norms.

Blight Defined
Blight – Merriam-webster.com/dictionary/blight defines blight as “something that frustrates plans or hopes”, “something that impairs or destroys”, and “a deteriorated condition”.

Blighted Area – According to businessdictionary.com, blighted area is defined as, “An area of a city, often a large metropolitan city, in which most buildings are abandoned or in severe disrepair”.

Blight Abatement – Codepublishing.com defines blight abatement as “any condition of property blight which is reasonably believed to be imminently dangerous to the life, limb, health or safety of the occupants of the property or the public may be summarily be abated by the city administrator”.

Illegal dumping – calrecycle.ca.gov defines illegal dumping as “the act of disposing solid waste at a location that is not a permitted solid waste disposal facility and is done for economic gain. Illegal dumping sites that are not abated often grow in size and can then become illegal disposal sites”.

Littering – definitions.uslegal.com defines littering as “knowingly depositing in any manner litter on any public or private property or in any public or private waters, without permission to do so. Litter is trash improperly placed so as to be a nuisance or health concern”.

Background
In 2001, the City of Modesto embarked on a campaign to reduce litter and improve the image of our community. This campaign was initiated by community advocates such as Pete Bakker, Chris Murphy, and the Modesto Garden Club. The proposal was for a partnership between the City and the Anti-litter Committee which was comprised of members of the community, hauling companies and other public agencies. #3..
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The bulk of the City’s image enhancement efforts were accomplished largely through private donations of funds, material and labor. The primary means of channeling the volunteerism was through a program called the Neighborhood Environmental Action Team (NEAT). This program was first established in 1994 and at one time had formed 22 active teams representing schools, businesses, professional organizations, and community members. These action teams helped beautify the community by adopting “NEAT Zones”. These initial zones were supported solely by volunteers.

In 2003, the Modesto City Council approved the “Don’t Trash Modesto” campaign and approved the adoption of zones throughout the City that would allow community members to attract sponsorships to support the efforts. Further, Council approved tiered sponsorships that would allow signage and payments collected to support outsourcing the trash abatement to a service provider. The following is the tiered amounts that were approved by Council:

NEAT Zone Monthly Fee
Adopt a Right of Way $100/Mile of litter
removal
Adopt a Trail $15/Mile of litter removal
Adopt a Park Negotiated by park and
activity
Adopt a Planter $.40 per square foot,
landscape maintenance contract
These fees were based upon the contract costs at that time which reflected the actual cost to perform the services. With regard to litter removal, the fees offset the costs associated with the Honor Farm Deputy and inmates that performed the litter removal.

Over the years, this program suffered cutbacks due to fiscal challenges faced by the City. Because of this the program has faded. While the NEAT program still exists on the City’s website1, participation is nearly non-existent. The program consists of the following opportunities:

1 Neighborhood Environmental Action Team (N.E.A.T.) - https://www.modestogov.com/545/NeighborhoodEnvironmental-Action-Team-N #3..
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Litter Removal – “You or your group can remove litter from an assigned N.E.A.T. area. If needed, the City will provide garbage bags to help you in your work. The debris can be placed in the garbage bags and left curbside for removal by City staff.”
Weed Abatement – “As with litter removal, you or your group will be assigned a specific N.E.A.T. area to keep free of weeds. If needed, the City will provide garbage bags to help get the work done. The gathered weeds can be placed in the garbage bags and left curbside for pickup by City staff.” Horticultural Maintenance – “After training by City staff, horticultural volunteers prune and plant shrubbery in an assigned N.E.A.T. area. Pruning can, as noted previously, be placed in the garbage bags provided by the City and left for City pickup.”
Tagging Removal – “Tagging volunteers keep their N.E.A.T. area free of tagging by painting over it or removing it with special paint removers. Usually, entire walls are painted to eliminate the "patchwork" look. If needed, the City will provide paint and paint supplies, such as brushes and rollers. Tagging should be removed within ten days of notification.”
Signs that represent adopted neighborhoods and communities still exist today; however, the participation is low and no funds are collected. Furthermore, none of the adopted areas have any maintenance provided other than the City’s required maintenance of trees and public spaces.

During the downturn of the economy in the mid-2000s, the “Don’t Trash Modesto” efforts suffered due to a reduction in City resources. Additionally, private property blight increased resulting from the high number of properties going into foreclosure. Properties were being abandoned; therefore, the properties were no longer being maintained.

Effects on the Community
With the prior program being inactive, there has been a reduction in community partnerships to keep our neighborhoods clean of blight. Portions of the City suffer greatly due to a rising disregard of public and private spaces by individuals that feel free to illegally dump a variety of trash and large items such as mattresses, appliances, tires, green waste, vehicles, machine parts, and much more.

Until recently, the consequence for illegal dumping in a public right-of-way in the City of Modesto was $100 per occurrence. Enforcement of this activity can be extremely challenging, especially if fines for dumping (if caught) are lower than the costs to transport the items to a refuse facility. As of September 2019, the fines have been adjusted to $1,000 for the 1st offense, $1,500 for the 2nd offense, and $2,000 for every offense after that. There is a significant amount of effort that goes into investigating a report of illegal dumping, and this new fine structure is expected to deter future offenders the City spreads awareness. In addition to illegal #3..
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dumping, the fines also apply to any green waste that is blown or dumped into public right-of-ways by landscaping companies or others.

Illegal encampments, tagging, broken windows, unmaintained properties, abandoned shopping carts, inoperable vehicles, and overgrown yards and properties, all contribute to a feeling of a lack of pride in our community. During the Strategic Planning sessions and the community survey conducted in 2019, a major theme was an immense dissatisfaction of blight throughout the city. The amount of responsibility is too large for one agency, community, or person to do alone. Therefore, it is essential that the public-private partnerships be reinstated. In the past, the program tapered off slowly until it was no more. In order to ensure a program is sustainable, there needs to be a champion and a continued sense of ownership in abating blight in our city.
“Keep America Beautiful” Affiliation
The Blight Abatement Strategic Plan will address immediate, short-term, and long-term strategies to beautify the City of Modesto. Additionally, the City of Modesto team will leverage programs from organizations such as “Keep America Beautiful” (KAB). This program aims to end littering, improve recycling, and beautifying communities. According to the Keep America Beautiful website2:
“A leading non-profit, Keep America Beautiful inspires and educates people to take action every day to improve and beautify their community environment. We envision a country in which every community is clean, green, and a beautiful place to live.”
Additionally, City staff is actively researching affiliation opportunities with organizations such as KAB. The KAB non-profit organization values the partnerships throughout the nation and communities which multiplies the impact of coordinated actions. KAB states the following regarding partnerships3:
“Through our programs and public-private partnerships, we help to strengthen communities.

Keep America Beautiful works with corporations, government and civic entities, educational institutions, nonprofits and other organizations to address complex challenges on both a local and national scale. Our partners contribute more than financial support — they contribute ideas, in-kind support, and the time and power of volunteers — all to help us empower stronger communities. Each and every day, Keep America Beautiful helps turn public spaces into beautiful places, helping to drive positive social, environmental and economic change. By working together, we can be successful in improving our communities.”

2 Keep America Beautiful, About Us - https://www.kab.org/about-us 3 Keep America Beautiful, How to become an affiliate - https://www.kab.org/sites/default/files/programresources/How_to_Become_an_Affiliate_4-8-19.pdf #3..
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Furthermore, KAB encourages affiliation with their organization. Affiliation provides the following:
• National Credibility
• Powerful National Network of Peers
• Training Opportunities
• Tools, Resources & Programs
• Community Impact Grants
• Self-Determination
Affiliation with the KAB program is reasonably priced at $4,000 to implement and $385 annually thereafter.

According to the KAB website, the program provides the following:
• Training materials, including educational training books and resource materials; step-by-step instructions on developing your local organization; and other resources to assist in initial affiliate development • Travel expenses for the Keep America Beautiful Trainer to visit your community as well as ongoing mentoring and support by the Trainer throughout the process. Our trainer(s) will visit your community twice, to include returning for Affiliation Ceremony after completion of Affiliate Report • Attending affiliate planning and goal-setting session to develop an action plan for the first year for the new Affiliate Executive Director and Board. This training will be conducted in conjunction with the Affiliation Ceremony (after Team has submitted a complete Affiliate Report) • The first year’s annual affiliate service fee.

Importance and Benefits of Collaboration
As intended in 1994, the N.E.A.T. program sought to tackle the abatement of blight through strategic partnerships throughout the community. The formation of the 22 teams was intended to address the larger problem in a sustainable way, and it was in effect for 10 years. During the past 15 years, there has been turnover in the community and at the government agencies that worked together at that time to keep our community clean and free of blight.

In 2019, staff met with community members, past partners, interviewed other partner agencies such as the County of Stanislaus, and also other departments within the City of Modesto. During the interviews of City Departments, it was determined that there are initiatives throughout the organization that are isolated. All are focused on abating blight activities and issues; however, there has been little opportunity to coordinate efforts to explore more efficient and effective methods that can oftentimes complement initiatives.

Education and marketing program opportunities also must have a partnership with the community and other departments/public agencies. Oftentimes, a program is marketed through channels such as social media, flyers, and community meetings. However, the push is generally for a finite period of time so as to bring focus to a particular initiative. It is important to find ways to cycle through the different channels of distribution of #3..
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information and invitation to partner during different times of year, while also coordinating with other departments and public/private partners during their scheduled events through the various seasons.

Separately, programs struggle to stay solvent. By working together, programs will have an opportunity to thrive instead of survive. There were many community members who attended the Strategic Planning workshops in the individual districts who were eager to participate in beautifying their communities. It is again time to engage our community, public, and internal partners to become more efficient and coordinated to enhance our city.

Blight Abatement Advisory Committee
The NEAT program was initiated in 1994, and the program had renewed initiatives in partnership with Keep America Beautiful to breathe new life into the program in 2001 and 2003. Since that time, the program faded due to fiscal challenges and staff and partnership turnover. The greatest challenge with any program like NEAT is the program surviving these threats. In order to ensure that this newly revised program survives in the future, it will be necessary to implement formal methods of oversight and reporting.

In 2019, with the creation of the 2020-2025 Blight Abatement Strategy, there is a new effort to have interdepartmental partnerships within the City as well as revitalized public-private and public agency partnerships. It is recommended that there is a new committee formed that will advise the partnerships and initiatives. Funding challenges will always face various programs; therefore, it is necessary to constantly measure the programs for success through evaluation of key performance indicators. While it is prudent to measure quantitative data such as how many illegal dumping locations are abated per year, it is even more important to evaluate the length of time it takes to abate a site. The length of time shows how effective the processes, systems, and human resources are at keeping an area clean.

To ensure program resiliency in the future, it will be necessary to invoke a method of tracking and reporting, in addition to providing a space for collaboration and future planning. It is recommended to create an advisory committee that will evaluate the program, ensure that the strategy is performing, and to safeguard and continue the efforts to ensure that the program keeps pace with new technical opportunities in the future. If approved, the advisory committee will be called the Blight Abatement Advisory Committee (BAAC) and staffed with City of Modesto staff, public partners equally represented, and include a representation of community group partnerships. The committee will also be involved with the programs association with the Keep America Beautiful program. The committee’s first assignment will be to recommend a name and tagline for the City’s Blight Abatement initiative to the Safety and Communities Council Committee. #3..
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SCOPE: Understanding the Scope of Blight
The City of Modesto and the surrounding unincorporated areas have experienced a significant amount of blight related issues. The issues have included abandoned vehicles, illegal dumping on public and private property, unmaintained property, tagging, and other related concerns that have impaired the image and reputation of Modesto. Key blight related issues are known to have environmental and economic effects because of how it lowers real estate values, hampers tourism and compromises the image and safety of neighborhoods. Moreover, research has shown that vacant properties cost municipal governments between $5,000 and $35,000 per property, foreclosed homes can lead to an average increase of 1 percent in neighborhood crime, vacant dwellings have higher risks of fires in urban areas, and vacant unmaintained properties are proven to reduce neighborhood property values.

Staff have identified that there is a greater amount of illegal dumping and blight related concerns in areas with higher levels of poverty and there are a number of possible reasons for this, including:
• Limited disposal income to cover the cost maintaining their property or compliant disposal • No vehicle to take waste to a permitted facility
• No knowledge of free services
These reasons are not definite but they certainly contribute to the overall concern pertaining to the overall number of blight related cases across the city.
2109
2472
2951
2609
1664
2015 2016 2017 2018 Jan to Jun 2019
Illegal Dumping Cases
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The data above includes the amount of cases that the City has received on illegal dumping for the past 5 years.

Illegal dumping has ranged between 2,000 to nearly 3,000 cases on an annual basis. This year is on track to surpass all previous years based on the amount of cases that the City has received as of June 2019 reaching nearly 1,700 in 6 months. The scale of each illegal dumping case varies in size and scope but it is most frequently items such as furniture or a household appliance such as a refrigerator, washer, or dryer. Staff has identified several key hotspots throughout the city as noted on the map below. The key prevalent regions for illegal dumping include highway village in North Modesto and several key streets in South Modesto. #3..
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The data below outlines the number of abandoned vehicle cases that have been submitted via GoModesto across the past 4 years. This reporting methodology is certainly not complete because of the variety of other methods that the city offers for reporting abandoned vehicles such as the non-emergency line at the police department, and emails to staff. This method merely shows the sheer volume of cases with a heat map displaying the distribution of the issue across the city. The color blue on the map indicates the least, yellow indicates a moderate amount, and red indicates that the area is a hot spot. As shown in the map below, there are significant concentrations of abandoned vehicle reports across the city. 22 454
621 652
2016 2017 2018 2019
Abandoned Vehicle Cases
GoModesto Cases
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Blight Behaviors – Broken Window Theory
According to an article titled “A look at the psychology behind littering”4, a psychology experiment was conducted in 1969 which intended to study social behaviors associated with blight. The experiment involved the abandonment of two cars. One car was left in a “New York suburb of the Bronx, a deprived area”, and one was left in a “wealthy neighborhood in California”. The cars were identical in every way, with no visible defects, including no broken windows or deflated tires. Within a few hours, the abandoned vehicle in New York was quickly stripped of parts such as mirrors, radio, tires, etc. The car that was abandoned in California, however, remained untouched for a week. Once the researchers broke a window of the vehicle in California, the vehicle was stripped as quickly as the vehicle that was left in the Bronx.

The researchers theorized that the vehicles being vandalized or stripped were not associated with poverty, and instead, associated with “human psychology and social relations”. Furthermore, they posited that the broken window in the car in California conveyed a “sense of deterioration…as if there were no publicly acceptable laws, rules and norms. A dirty city, too, creates the image that it is suffering from neglect by people or authorities. If a glass window of a building is broken and no one repairs it, soon all the others will be broken as well.” If areas of a city appear to be neglected by “people or authorities”, more serious offenses may occur.

In the cases of blight, as discussed in this Blight Abatement Strategy, small offenses may quickly escalate creating blight issues that are difficult to control and abate.

In early September 2019, a video camera was placed on a two-lane roadway in the City of Modesto. This camera was placed to monitor illegal dumping activity as this area had experienced illegal dumping activity in the past. After weeks of not detecting any activity, the camera identified illegal dumping on September 24, 2019 at approximately 10:49A.M. A newer model pickup stopped alongside a busy road with a neighborhood on one side of the street and an agricultural field on the other. The driver of the pickup dumped tree trimmings on the side of the road and left. The next morning, on September 25 at 9:51A.M., another newer model pickup traveling in the opposite direction made a U-turn and this driver dumped a couch in the same location next to the trimmings. The driver exited the vehicle quickly, pulled the couch out of the bed and onto the ground. They then hurried to get into their vehicle and sped away. It was obvious that the second driver was aware that they were committing a crime. At 4:10P.M. on the same day, the driver of a different newer model truck spotted the pile and made a U-turn. The vehicle stopped in front of the pile, and casually removed a large item from the bed of the truck and placed it onto the existing pile. They calmly went toward the front of their vehicle, and pulled away slowly.

4 “A look at the psychology behind littering” - https://waste-management-world.com/a/a-look-at-the-psychologybehind-littering #3..
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Because of the technology, staff issued three individual administrative citations to the owners of the vehicles at the newly approved $1,000 administrative fine.

While there are likely many reasons an area can become blighted, the above example proves that an area can be clean for weeks. However, once an item is dumped alongside the roadway, other items will quickly gather creating a larger pile. If left unabated for an extended period of time, this behavior would spread to adjacent neighborhoods and could result in other blight activities such as tagging and vandalism. Therefore, it is important to abate blight quickly and swiftly to avoid “broken window” syndrome in any area of the city. This proves the value of abatement teams that can remove blight quickly and efficiently.

BLIGHT CONTROL PROGRAMS
Partnerships
Downtown Modesto Partnership (DOMO)
The mission of the Downtown Modesto Partnership is to create a vibrant community through activities and partnerships designed to improve the quantity and quality of experiences in downtown Modesto.

The work of DoMo also aims to eliminate blight in the downtown region through the use of their downtown experience engineers that are regularly picking up litter and removing tagging from the downtown region.

The City’s contribution to the Downtown Modesto Partnership includes taxes that are levied on the 17 City of Modesto properties within the community benefit district that was approved by Council in October 2014. The total for Fiscal Year 2017 was $38,399, and the total for Fiscal Year 2018 was $58,664.

The amounts are subject to change based on the tax valuation of each of the City’s properties within the community benefit district.
9/24/19 10:49 A.M9/25/19 9:51A.M. 9/25/19 4:10P.M.
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Downtown Streets Team (DST)
The Downtown Streets Team program model recruits
individuals experiencing homelessness to join DST to
work collaboratively on beautification projects
around the community. In return, the Team Members
receive a basic needs stipend while receiving case
management and employment services. The model
aims to provide meaningful daily activity, personal
and professional growth, and work experience for
Team Members. Since launching DST in February
2019, the DST has grown to 35 team members who are working Monday through Friday in three key areas, including the gateways to downtown, Briggsmore corridor, and the Modesto Outdoor Emergency Shelter (MOES). Moving forward, following the closure of MOES, staff will be redirecting the MOES team to other litter hot spots across the City.

The City’s financial contribution to the Downtown Streets Team is $100,000 annually for the duration of the three year contract for a total not-to-exceed amount of $300,000. The City’s annual allocation to the Downtown Streets Team is funded evenly by the Litter Abatement Fund for operations and Community Development Block Grants for workforce readiness.

Operation Clean Sweep (CalTrans)
The City is currently in the RFP process to procure a
contractor to support the city with litter abatement on State and City right of ways. The State right of ways include areas on Highways 99, 132, and 219 that are designated as safe for litter pick-up by California Department of
Transportation (CalTrans). In addition, the scope of work also includes litter abatement on City right of ways, as directed by City staff. The RFP is projected to open on October 15th and staff will be bringing this forward for Council consideration in mid-November to early
December.

The funding for the Operation Clean Sweep program is primarily from CalTrans for state right of ways.

CalTrans has provided $100,000 for litter abatement on highways 99, 132, and 219. The City has supported this project with an additional $50,000 for city right of ways, on an as needed basis. #3..
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Operation 9-2-99 River Clean Up (TRRP)
Operation 9-2-99 aims to reclaim, rehabilitate, and restore the area along the Tuolumne River in Modesto from the 9th Street Bridge to Highway 99 by removing trash, tires,
shopping carts, and abandoned camps in order to return this blighted area to a public space and riparian river habitat that the community can be proud of and can safely recreate in. Moreover, the objectives of this organization include:
• To create a process whereby the resources of government agencies can be utilized by individuals, businesses, and community groups to effectively remove the debris that has accumulated along the Tuolumne River in Modesto.
• To restore both the natural habitat along the river and the Tuolumne River’s value to the community as a whole.
• To build partnerships between businesses, community groups, and government agencies to continue to protect this area from returning to its previous unacceptable state and develop much needed recreation opportunities and an Adopt-A-River Program.

Operation 9-2-99 works to achieve these objectives by organizing volunteers to conduct regular cleanups of the Tuolumne River area. The City of Modesto does not support this program financially; however, there are often instances where the city supports the group with in-kind support with materials such as bags and litter grabbers.

Love Modesto
Love Modesto leads community wide volunteerism and initiatives among neighborhoods, schools and kids.

Love Modesto started in 2007 at Big Valley Grace Community Church with two questions: 1) Why is our city on lists of the “worst cities in America”? 2) If our churches were to suddenly disappear from the Modesto area, would anyone even care or notice? Over 180,000 people have been involved … young, elderly, abled, disabled; people from a church or no church at all. Over 800,000 volunteer hours have been donated – this is over $20.5 million dollars in service (independentsector.org) that we’ve given to our communities! At these community-wide volunteer days, people engage in a variety of projects, including appreciating public servants, visiting convalescent homes, donating blood, building a house with Habitat for Humanity, and working in city parks and schools, among other opportunities. Love Modesto primarily leads a community clean up initiative along with other associated activities on April 25th on an annual basis.

Dry Creek Trail Coalition
The Dry Creek Trails Coalition is a community group comprised of volunteers who use and enjoy the park and the 5 miles of trail located along Dry Creek in Modesto. The mission of the group is to preserve, and #3..
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safeguard the Dry Creek Regional Park trails for all trail users to enjoy. The focus of the group’s projects are to clean up the creek and the surrounding riparian habitat, the group works closely their partners to ensure that the park and trails system is clean, crime free, and family friendly. While organized volunteer events are powerful and necessary, the group advises that those who enjoy partaking in the recreational activities should not pass by an opportunity to pick up a piece of debris or litter left by others; their simple catch phrase is “Don’t PASS it up, PICK it up!” This year alone, the group has reported at least 500 hours of formal organized cleanups including their event hosted during Love Modesto. The Coalition regularly gathers to host fall cleanup events starting in Monterosso Park at Scenic Dr. and Coffee Rd.

Neighborhood Environmental Action Team (NEAT)
The City of Modesto’s NEAT program is an opportunity for individuals, neighborhood associations, and businesses to help beautify the community by
adopting a park or trail. Opportunities include the
ability to remove litter, tagging, weeds, or help plant and prune areas as necessary. The City has identified
sites in public right of ways, parks, and parkettes
throughout Modesto that can be adopted by volunteers. In order to participate, the group must sign an agreement that ensures that each member of the group will adhere to the City’s safety protocol and that outlines the responsibilities of the NEAT group and the City. This agreement also includes the duration of the agreement that the NEAT group is adhering to. Throughout the last several years, engagement in this program has been minimal and has only included 5 community groups in various locations, including:
• Beyer/ Sylvan at the Lakes: (5-10 participants) Neighbors conduct trash pick-up and occasional park clean-ups.
• College Area Neighborhood Alliance: (25 participants) Neighbors actively walk through Graceada Park and pick up trash.
• Valley Caps: (9-12 participants) This group helps the city keep the Virginia Corridor Trail clean, they work weekly along the Roseburg Square section of the Virginia Corridor. • Delwood Neighborhood Alliance: (5 participants) This group provides litter abatement at Pike Park and also uses a tagging kit for tagging abatement, as necessary.

The City provides litter grabbers, garbage bags, and other materials that help support the work that the NEAT group aims to achieve. On an annual basis, the City allocates approximately $200 for additional materials for the various community groups.
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Solid Waste Services
Program Types (Commercial, Residential)
The City of Modesto Solid Waste Division contracts with two private companies, Bertolotti Disposal and Gilton Solid Waste, to provide garbage service to 57,000 residential customers, 11,000 commercial businesses and industrial pickups. Residential waste is picked up weekly in the form of a black 90 gallon solid waste container (for household trash) and a green 90 gallon organic recycling container (for yard, paper, and food waste).

Commercial waste is picked up at least once a week from 2 yard to 6 yard containers. Industrial customers rent drop boxes for construction or industrial disposals and pay per pickup.

Weekly Pickup
The City of Modesto utilizes a “two can” garbage program. The black can is for household garbage and nonorganic materials such as plastic packaging, diapers, animal waste, etc. The green can is for organic materials including yard waste, food waste, paper, and cardboard products. The garbage collection hours are from 6 am – 6 pm Monday through Friday. The City has existing contracts with two providers that provide pickup service.

The Northeast side of the City is serviced by Gilton Solid Waste Management, Inc., and the Southwest side of the City is serviced by Bertolotti Disposal. The amounts of streets serviced by each contractor are split by the following days of the week:
141 142 155 130 155
496 499
431
486 462
Monday
Tuesday
Wednesday
Thursday
Friday
Monday
Tuesday
Wednesday
Thursday
Friday
Bertolotti Gilton
Streets Serviced
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Bulky Item Pickup
Residential customers receive two annual bulky items pickups provided by their contracted hauler. The pickup must be scheduled in advance by contacting the hauler and staff will confirm what items are acceptable for pickup. Bulky Items are furniture, appliances, and mattresses; this does not include small household trash, construction debris, or materials requiring special disposal. In order to reduce scavenging and illegal dumping on bulky item piles, items should be placed out in the street no earlier than 6:00PM on the evening before the pickup appointment. Residents pay $0.50 per month per household to fund bulky item pick-up across the city.

On an annual basis, the $0.50 rate produces approximately $342,000 that is generated directly for the haulers to perform the bulky item pick up. For January through October 1, 2019, Gilton and Bertolotti have collectively received over 10,000 cases for bulky item pick-up for residents.

Tire Program
Tires reported as illegally dumped or found
in streets, alleys, and sidewalks are picked
up and properly recycled by City staff. On
average, the City picks up about 1,500 tires
per year. To deter illegal dumping of tires by
Modesto residents, the City also hosts drop
off events or provides coupons for tires to
be accepted at Bertolotti or Gilton’s transfer
stations. Through these amnesty programs,
over 5,000 tires have been properly
disposed of and recycled. All of the City’s
tire recycling programs are currently funded by grants through CalRecycle. The City collects approximately 1,500 tires on an annual basis through the waste tire clean-up grant. CalRecycle consistently awards the City of Modesto approximately $28,000 for a two-year grant cycle.

Solid Waste Code Enforcement
The most frequent code enforcement cases on public property across the last 5 years include inactive garbage accounts, illegal dumping, and organic can contamination. The data is as follows:
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Throughout, the last 5 years, the data shows significant variation between the case types for the following reasons:

Inactive Accounts: From 2008-2015: staff only tracked accounts of residents who had stopped service due to no payment. In 2016,staff performed an audit of the City’s customers not paying for garbage service. In 2017, staff audited Bertolotti’s billed inactive accounts, and in 2018 added the audit of Gilton’s billed inactive accounts. The auditing and reconciling of these accounts will be a continuous process going forward.

Illegal Dumping: The amount of illegal dumping shows a steady increase over the years. Limited solid waste resources hampered prevention efforts which have contributed to the steady increase of cases.

Organic Cans Contamination: Organic can contamination was originally completed in-house. Staff was responsible for inspecting cans as time allowed. Sharp decreases in the data are due to shortages in resources and in 2018 the in-house program was suspended. In early 2019, the responsibility of inspecting cans was transitioned to Gilton and Bertolotti. This method has been successful as shown in the data and has helped capture residents who need to be informed of how to appropriately dispose of their waste.

Street Sweeping Program
The Street Sweeping Program consists of five street sweepers who follow behind the green waste crews and sweep small debris and dirt from the roads. They complete roughly 4,000 lane miles of street sweeping in a month. Street sweeping crews are also occasionally dispatched as needed to clean nonhazardous spills 2015 2016 2017 2018 2019
Inactive Garbage Service 353 177 1767 4160 3911
Illegal Dumping 2109 2472 2951 2609 1664
Organic Can Contamination 2778 1712 1270 220 4758
0 2000
4000
6000
8000
10000
12000
Solid Waste Code Enforcement: Top Cases
GoModesto
Implmentation
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and debris from accidents, at the discretion of the supervisor. Green waste is disposed of at the City’s Composting facility and debris from street sweeping is disposed of with Gilton Solid Waste.

The street sweeping program is funded by the Storm Water Fund and the cost of this program is approximately $1.2 million on an annual basis. The City also consistently receives approximately $18,000 from the California Department of Transportation on an annual basis for street sweeping services on state right of ways in Modesto.

Green Waste
Green waste, including brush and trimmings less than six feet long, less than six inches in diameter, and weighing less than 50 pounds is picked up from City streets and alleys once a month. Roughly 12,200 tons of green waste is collected from January to November and 3,000-5,000 tons of leaves are collected in November and December (leaf season). Five green waste crews of a claw and packer operate in each quadrant of the City for one week on a set pickup schedule. No appointment is necessary, but residents must place green waste out no more than three days prior to and no later than the Sunday of their area’s pickup week to utilize the program. The map below outlines the schedule for green waste pick up for each area across the City. The following rates support the green waste street collection program, and portions of the forestry operations.

Rate Types Green Waste Diversion Rate Annual Amount
Residential Rate $5.03 / household $3.3 million
Commercial Rate $9.72 per cubic yard / amount of weekly pick-ups $1.9 million Industrial Rate $13.72 per ton $250,000
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Garbage Rate Descriptions
The City does not set the actual rate; instead, the City sets the maximum rate that the companies can charge for each type of service. The garbage rate for City of Modesto garbage service contains the following components:

Base rate: determined by the actual cost of service reported from the lowest cost hauler for the most recent completed fiscal year financial reports; includes the cost of providing regular garbage service, illegal dumping and bulky item pickups, drop off programs for the Stanislaus County Household Hazardous Waste Facility. ($29.45 per household per month; Includes $0.50 bulky item pick-up and $0.15 illegal dumping) Litter abatement fee: included in the commercial rates to execute litter abatement in public right of ways ($.59 per cubic yard per month)
• Recycling fee: included in residential, commercial, and industrial rates to supplement the cost of recycling programs and staff. ($0.43 per household per month) • AB939 Green Waste Diversion fee: included in residential, commercial, and industrial rates to fund Green Waste and Forestry programs. ($5.03 per household per month) • Carpenter Road Landfill mitigation fee: included in residential, commercial, and industrial rates for State of California mandated monitoring and mitigation of the closed Carpenter Road landfill. ($0.46 per household per month)
• Geer Road Landfill mitigation fee: included in residential, commercial, and industrial rates for State of California mandated monitoring and mitigation of the closed Geer Road landfill. ($0.15 per household per month)
• The maximum monthly rate for standard container service that includes 1 container for garbage and 1 container for organics waste recycling costs $35.52
Rate Review Process
The City of Modesto Solid Waste Division reviews the base rate and fees in the garbage rate on an annual basis and adjuststhe rate as needed each July. Both contracted haulers submit their independently audited financial records to the City annually. The base rate is based on the actual cost of services provided in the previous completed fiscal year, using the financials of the lowest cost hauler to ensure competition and #3..
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efficiency between the haulers. The City also reviews the fuel rates on a quarterly basis to accommodate potential fluctuations in the cost of diesel fuel, which is a significant cost factor for the collection companies. Depending on changes in fuel costs, the City can choose to increase or decrease the fuel rate, or leave it unchanged.

Illegal Dumping Abatement
Illegal Dumping on Public Right-of-Ways
The Solid Waste Division investigates reports of illegal dumping in public right of ways, including streets, sidewalks, and alleys as a violation of City of Modesto Municipal Code sections 5-5.105, 9-9.301, 9-9.305, 9-9.503, and 9-9.509A. In some cases residents are unaware of proper storage or disposal of excess items or trash and need to be informed of available programs like bulky item pickup. In other cases, people attempt to avoid paying disposal fees by dumping trash or bulky items along roadsides and in alleys. The below steps are followed for any investigation initiated concerning illegal dumping:

1. Complaint is reported—citizens and City employees report potential illegal dumping cases through phone, email, and Go Modesto. Solid Waste staff also identifies additional locations in the course of normal work.

2. Code Enforcement investigation—a code enforcement officer is assigned to the case in the order that the report was received. The officer performs field investigations and contacts the reporting party if necessary.

3. If the responsible party is found—a Notice of Violation is issued to the responsible party giving them five business days to remove the illegal dumping, followed by a re-inspection by the officer. If no action is taken, an Administrative Citation is issued and the pile is referred to the haulers for pickup within three business days.

4. If no responsible party is found—the pile is referred to the haulers for pickup within three business days.

5. As of this year, the City now also leverages support from the Abatement Team within the Modesto Police Department with support in picking up illegal dumping piles which alleviates some of the work for the haulers.
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Abatement Process in Public Right-of-Ways
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Items Illegally
Dumped
Reported Through
GoModesto!
Work Order
Assigned Case Created Site Inspected
Issue 5-day
Notice of Violation
To Offender
If Available
Review Camera
Footage
City Staff
Inspects Site
After 5 Days
Abated?
Close Case
Yes
Issue $1,000
Fine
Notify Hauler
Pickup Within
72 Hours
Hauler Abates
Dump Site
No
The current public right-of-way abatement process can take up to 16 days to abate the dump site.

Beginning in October of 2019, the process will be reduced to a maximum of 7 days from reporting. This is accomplished by calling haulers (or Abatement Team) to abate the site immediately. Staff is currently investigating the abatement process to explore efficiencies.

Abatement Team
Parks, Recreation, and Neighborhoods transitioned the Abatement Team to the Modesto Police Department in February 2019 to tackle homeless encampment remnants and to enhance efforts in abating illegal dumping. The Abatement Team is comprised of 1 full time and 2 part time staff and has supplemented the work that is currently completed by the haulers. The team collectively works approximately 80 hours a week and is on routine patrol responding to requests that have been received through GoModesto.
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The Abatement Team is funded by the General Fund. The ongoing costs for the abatement include the garbage disposal expenses and the staff time. The cost is about $100,000 for staff time, and approximately $30,000 for additional associated costs on an annual basis totaling approximately $130,000.

SERVICE AVERAGE RESOURCE LEVELS

CITY HAULER
Illegal Dumping Clearance 1 full-time staff member
2 part-time staff
1 truck
1 trailer
Gilton: 1 boom truck, and 1 full-time
staff, and 1 part-time staff
Bertolotti: 1 packer, 1 claw, 1 flatbed
truck, 3 full-time staff
Illegal Dumping on Private Property
The Neighborhood Preservation Unit is responsible for ensuring that private properties are complying with City Codes and Ordinances that were implemented to ensure that all citizens have access to great, safe neighborhoods. Blight on private properties is defined as abandoned shopping carts, junk and debris in public view, tagging, tall grass and weeds, and unmaintained vacant properties. In instances where people illegally dump material on private property, the Neighborhood Preservation Unit is responsible and the process they undertake requires the following steps:

1. Complaint is received via GoModesto, NPU phone line, email or walk in

2. The assigned NPU officer makes the initial inspection within 72 hrs.

3. Upon verification of a Modesto Municipal Code Violation, the assigned officer generates a Notice of violation which requires the property owner to make corrections within fourteen (14) calendar days of the date of the notice.

4. After fourteen (14) calendar days the assigned NPU officer re-inspects the property to verify the required corrections have been made. If the required corrections have been made the case is closed.

If the required corrections have not been made the NPU officer issues an Administrative Citation to the property owner of record as shown on the Stanislaus County Recorders Assessment Roll.

5. Ten (10) calendar days after the mailing of an Administrative Citation the assigned NPU officer makes an inspection to determine if the required corrections have been made. This may occur up to three (3) times with the Administrative Citation amount increasing each time from $100.00, to $200.00 and up to $500.00 for the 3rd Administrative Citation.
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*At any time after the initial inspection, if the assigned NPU officer determines there is a lack of forward process, or that the conditions warrants a more aggressive approach to obtain compliance, he or she may choose to write a Notice and Order.

When issued, a Notice and Order requires the property owner to make the required corrections within twenty (20) calendar days of the date of notification. Unlike Administrative Citations, the Notice and Order has a set daily Civil Penalty assessment in amounts ranging from $100 to $1,000 per day. This document also allow the NPU officer to monitor the property and assess Civil Penalties for each day the property is found to be out of compliance during the following 12 month monitoring period. The Notice and Order also allows the Neighborhood Preservation staff to facilitate the abatement of violations and seek the recovery of City expenses related to staff time and the costs associated with the physical abatement of violation.

Fine Evaluation
Illegal dumping Administrative Citations are issued for $1,000 for a first violation, $1,500 for a second violation within a 12 month period, and $2,000 for a third violation or any subsequent violations within a 12 month period.

Prior to Fine Issuance
Code enforcement officers reserve the right to exercise their discretion based on the issue at hand and they may issue a warning or a courtesy letter prior to issuing a Notice of Violation. In most cases, code enforcement officers provide a courtesy letter to notify a property owner of the issue and to achieve compliance from the owner. Following 14 days, the City reserves the right to reinspect the property and issue a fine.

Code enforcement officers also may issue Notice of Violations or Administrative Citations immediately for gross violations of the municipal code. Illegal dumping in an area that has “No Dumping” signs would be considered a gross violation.

Post Fine Increase Predictions
An appeal of an Administrative Citation requires a hearing by an Administrative Hearing Officer, as set forth in the Modesto Municipal Code. As part of the hearing, an Administrative Hearing Officer may reduce, waive, or conditionally reduce the penalties or late fees assessed by the citation. The administrative hearing officer may also impose conditions and deadlines to correct the violations or require payment of an outstanding penalty.

A failure to pay an Administrative Citation penalty may result in the Director of the department referring the matter to the Finance Department or other designated agent for collection. The Director may pursue #3..
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any other legal remedy to collect the penalties and related costs including the recordation of a code enforcement lien pursuant to the Modesto Municipal Code.

Abandoned Shopping Carts
Abandoned shopping carts are a nuisance, create potential hazards to the health and safety of the public and they interfere with pedestrian and vehicular traffic throughout the city. Dismantled and/or abandoned shopping carts on public or private property create conditions that reduce property value, and compound the problem across
neighborhoods in the city.

When the Neighborhood Preservation Unit receives a
complaint of an abandoned shopping cart either from
GoModesto!, the abandoned shopping cart hotline, NPU
hotline or email, the case goes one of three ways.

1. If the reporting party provides the name of the
store that owns the cart, NPU checks the list and contact the registered shopping cart retrieval company for that store. (NPU sends a list to the various retrieval companies daily). After three (3) days NPU goes to the reported site and verify the cart has been removed. If the cart has not been removed we have several options. NPU can follow-up with the retrieval company, impound the cart, or return it to the store ourselves.

2. If the reporting party does not identify the store name, we must attempt to find and identify the cart and registered retrieval company. Upon identifying the store the cart belongs to and the registered retrieval company, we must notify the retrieval company and give them three (3) days to pick it up.

After the three (3) days, NPU goes back to the site to verify the cart has been removed. If the cart has not been removed we have several options. NPU can follow-up with the retrieval company, impound the cart, or return it to the store themselves.

3. If after verifying a cart does not have any identification or is badly damaged. NPU takes the cart to the corporation yard for disposal.

The City may impound a shopping cart when the following conditions exist:
• The cart is on the public right of way
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• In locations where the cart will impede emergency services, the city is authorized to immediately retrieve the cart from public or private property Any shopping cart that is not retrieved from the City within 30 days of receipt of a notice of violation by the owner of the shopping cart company may be sold or disposed of by the city. The city may also impose an administrative penalty on the owner not to exceed$50 for each occurrence in excess of three during a specified 6 month period for failure to retrieve shopping carts. An occurrence includes all shopping carts impounded in a 1 day period. The City is authorized to recover all actual costs incurred for impounding a shopping cart.

Tagging
In May 2015, the City Council approved additional staffing and resources to expand the City’s tagging abatement program. “Tag We’re On It” utilizes strong partnerships with public and private entities to accomplish its goal of eliminating tagging in the city of Modesto. None of the concepts of this program are new or revolutionary however the power of this program lies in its shared vision and internal and external relationships. There are five (5) components that all perform different functions but all remain focused on the goal of eliminating tagging.

The five components include:

COMPONENT DEPARTMENT
Abatement Public Works
Program Administration Community and Economic Development (Neighborhood Preservation Unit), IT
Volunteers/Outreach Parks and Recreation, Public Information Code Administration Community and Economic Development (Neighborhood Preservation Unit), City Attorney’s Office
Deterrence Modesto Police Department, Community and Economic Development (Neighborhood Preservation Unit), City
Attorney’s Office
Abatement
The Abatement component is comprised of two full time abatement crews that work 5-7 days a week. This crew primarily abates tagging on public or city owned property. However, there are privately owned fences, sound walls, etc. along highly travelled/ highly visible thoroughfares in which the City has sought permission from the owner via a waiver to remove tagging as it occurs. Each day this crew drives a “hot spot” route seeking out tagging and removing it. Highway 99 corridor is part of this “hot spot” route. Since City abatement crews are already in the area it makes sense for City crews to remove or paint over tagging in areas that are #3..
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technically in Stanislaus County but adjoin the City of Modesto. The City intends to enter into a Memorandum of Understanding with the County to memorialize the responsibilities of each party.

Program Administration
Neighborhood Preservation Unit (NPU) and their support staff provides needed coordination and data entry for this program. All complaints that come into the City regarding tagging are entered into a database for distribution. If the report is on public property the case is retrieved by the tagging removal crew and placed in their daily work routine. If the incident is on private property the case is queued for a Code Enforcement Officer in NPU to investigate the next day.

Volunteer/Outreach
The first step to provide awareness to the anti-tagging team was to develop a slogan for the campaign. With donated time from Never Boring, Inc. the slogan, “Tag. We’re On It!” was created to help the community know that the City is actively and aggressively combating tagging. Dual use of the word “Tag.” gives the visual of the child’s game “Tag, you’re it!” as well as describes what the team is actually removing. The use of the word “We’re” denotes that eliminating tagging in the City is not only the responsibility of City staff but also of the entire community. It takes City staff, volunteer groups, and every citizen of Modesto getting involved to make a difference.

Before the creation of “Tag We’re On It!,” the Partners in Paint volunteer program was very active in removing tagging in many pockets of the City. This group was formed by then Councilmember Dave Lopez because of the elimination of the City’s tagging abatement program. City staff administers this program by supplying removal kits and at times paint to sanctioned volunteer groups. The kits and paint are funded by donations to Partners in Paint. It was the goal of this program to remove and or paint over tagging in public and or City owned property. However, it was difficult for Partners in Paint to make headway with the massive amount of tagging occurring throughout the City. Due to the reinstitution of City removal and painting crew, the amount of tagging in public and or City owned property has drastically decreased and if tagging occurs City crews immediately take care of it. Currently Partners in Paint focused on distribution of removal kits and assists volunteer groups with identifying areas and or neighborhoods that may need assistance in removing or painting over tagging. In 2015, “Tag We’re On It” solicited the services of the Mayor’s Top Teens to help with outreach. This group helped the City organize a paint event along the Virginia Corridor trail. They also assisted in testing the new tagging reporting app and provided input in functionality. There are plans in the near future to utilize a similar group of teens to help present anti-tagging programs in high schools and junior highs to bring awareness to teens regarding how tagging hurts the city.

Code Administration
Tagging on private property must be handled differently since due process is required. The owner must be properly notified and given seventy two hours (72) to remove or paint over the tagging. If the owner does not comply with the City’s request, NPU can remove or paint over the tagging with the use of a private contractor or the City’s abatement crew, and invoice the owner for this cost. A confirmation of cost hearing is eventually required to verify the City followed due process in assessing this cost. If the owner does not pay the invoice, the City can lien the property. The majority of the time the owner removes or paints over the #3..
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tagging therefore this step is often not necessary. NPU staff works hard to partner with owners in removal.

Staff recognizes that it can be difficult for some owners to constantly remove tagging on private fences or buildings that are in high risk areas. In these cases we will ask the owner to sign a waiver and the property will be placed on the abatement crew’s hot spot route. In other cases NPU staff will work with the Volunteer component to find groups that may be able to help an owner that is finding it difficult to remove or paint over the tagging.

Deterrence
In order to administer an effective anti-tagging program, amendments to the Modesto Municipal Code (MMC) were needed. Given the increase of tagging within the City, more aggressive fines and penalties were needed to deter taggers. In addition, existing code language needed to be updated and clarified to give enforcement staff more tools to remove and or paint over tagging. Therefore, last spring amendments and additions to the City’s Municipal Code were approved. These changes to the MMC sends a message that the City is taking a more aggressive position on this type of vandalism, which not only impacts the City economically but also detracts from our citizens’ quality of life. The following were the changes in the MMC:

1. The term “tagging” was added to the definition of Graffiti in Section 4-12.401. Modesto is unique in that the term “Graffiti” has a special meaning to the community. Even though most communities use this term to describe vandalism, the City will not be using it in enforcement mechanisms. Therefore, the addition of the term “tagging” is needed in the code’s definitions. In addition to these amendments in this section, refinements are being proposed in the “Responsible Party” definition and two new definitions were added: “Property Owner” and “Abatement” to help clarify the City’s enforcement actions.

2. Section 4-12.405 Punishment Provisions includes proposed increases in the amount of administrative fines that can be imposed for tagging violations, as follows:
a. For first violation: two hundred dollars ($200)
b. Second violation: five hundred dollars ($500)
c. Third violation within one year: one thousand dollars ($1,000).

In addition to increased fines, the proposed language clarifies that the City may petition a sentencing court to impose additional penalties or conditions for individuals criminally charged with violating the City’s tagging regulations, including community service and suspension or delay of issuance of a driver’s license.

3. In Section 4-12.406, Removal of tagging, additional language is proposed to clarify that the City must follow Section 1-6.205 of the MMC to properly notice a property owner of a violation.

4. Section 4-12.407 is new and seeks to clarify that private property owners may provide consent in writing to the City for purposes of tagging removal.

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associated with abating tagging when property owners fail to comply with the City’s notice to remove tagging.

6. Section 4-12.409 authorizes the City to summarily abate tagging that has been determined to be gangrelated on the basis of health and safety concerns.

7. Although some language currently exists in Title 10 of the MMC regarding prevention of tagging, additional language is proposed in Section 4-12.413 to further encourage anti-tagging building design.

In addition to these MMC changes and amendments, the Program Administration component has included a “moniker” field in the database to track taggers monikers. If the Police Department is able to apprehend a tagger staff will be able to search the database for all the incidents in which his/her moniker appeared. This will allow prosecution to add all the violations that have occurred for a substantial fine.

Results
Since the inception of the “Tag We’re On It” program in June 2015, NPU has completed over 2,000 cases involving tagging on private property while Public Works crews painted or removed over 2,000 incidents in public areas. This means the abatement crew completes 14-20 abatements per day. On average NPU is able to gain compliance within 72 hours 74% of the time. Generally once tagging is reported in a public area, the abatement crew can remove it or paint over it in 24 to 48 hours. #3..
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Blighted Properties
Yard Trash Piles, Inoperable Vehicles, Landscaping – Weeds, Trees, Lawns The Neighborhood Preservation Unit is responsible for ensuring that private properties are complying with City Codes and Ordinances that were implemented to ensure that all citizens have access to great, safe neighborhoods. Blight on private properties is defined as abandoned shopping carts, junk and debris in public view, tagging, tall grass and weeds, and unmaintained vacant properties. In instances where people illegally dump material on private property, the Neighborhood Preservation Unit follows the steps below:
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1. Complaint is received via GoModesto, NPU phone line, email or walk in

2. The assigned NPU officer makes the initial inspection within 72 hrs.

3. Upon verification of a Modesto Municipal Code violation, the assigned officer generates a Notice of violation which requires the property owner to make corrections within fourteen (14) calendar days of the date of the notice.

4. After fourteen (14) calendar days the assigned NPU officer re-inspects the property to verify the required corrections have been made. If the required corrections have been made the case is closed.

If the required corrections have not been made the NPU officer issues an Administrative Citation to the property owner of record as shown on the Stanislaus County Recorders Assessment Roll.

5. Ten (10) calendar days after the mailing of an Administrative Citation the assigned NPU officer makes an inspection to determine if the required corrections have been made. This may occur up to three (3) times with the Administrative Citation amount increasing each time from $100, to $200 and up to $500.00 for the 3rd Administrative Citation.
*At any time after the initial inspection, if the assigned NPU officer determines there is a lack of forward process, or that the conditions warrants a more aggressive approach to obtain compliance, he or she may choose to write a Notice and Order.

When issued, a Notice and Order requires the property owner to make the required corrections within twenty (20) calendar days of the date of notification. Unlike Administrative Citations, the Notice and Order has a set daily Civil Penalty assessment in amounts ranging from $100.00 to $1,000.00 per day. This document also allow the NPU officer to monitor the property and assess Civil Penalties for each day the property is found to be out of compliance during the following 12 month monitoring period. The Notice and Order also allows the Neighborhood Preservation staff to facilitate the abatement of violations and seek the recovery of City expenses related to staff time and the costs associated with the physical abatement of violation. The following chart outlines the NPU most frequent violation types across the past 5 years. #3..
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As noted, vegetation and tagging tend to be the key issues with private property across the city. Vegetation cases are typically cases for overgrown weeds, but also include cases for unmaintained trees, hedges, and shrubs. The tagging cases ebb and flow – the city experienced the most amount of tagging related cases in 2016 with smaller amounts following the robust implementation of the “Tag We’re On It” campaign to tackle tagging across the city.

The Neighborhood Preservation Unit aims to tackle blighted properties with 5 code enforcement staff, and 1 code enforcement supervisor. This Unit is funded by the General Fund.

Citation Value, Recovery and Outstanding Fees (5 year overview) 226 313 387 311 307
207 353 297 368 295 312
762 543 498 615 503
552 798 693 235 382
596 541
463 1198
229
296 360
378
365
0 500
1000
1500
2000
2500
3000
3500
2015 2016 2017 2018 2019

CART DEBRIS GRAF MISC VEGETATION VEHICLE
GoModesto
Implementation
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$104,527
$191,549
$59,098
$268,500
$47,024
$-
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
2015 2016 2017 2018 2019
NPU Citations Assessed
Citations
Recovered
$24,853
$116,941
$22,752
$240,131
$39,268
$-
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
2015 2016 2017 2018 2019
NPU Outstanding Fees
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Pre-Fine Procedure
• Education first: The current philosophy of NPU is to work with property owners to abate blight. Often, property owners are unaware of their property’s violations and how they affect their neighborhood.

For example, many property owners are unaware that overgrown vegetation such as private trees that hang too low can impede garbage trucks from accessing trash bins in alleys or interfere with the clear vision triangle.
• Case by case basis: Code Enforcement Officers are given the discretion to determine the best enforcement strategy depending on various factors such as visibility and hazard level. Many times, a phone call or site visit may be all that is required for a violation to be abated. • The first step in the Administrative Remedies process is to issue a Notice of Violation to the property owner. This serves the purpose of identifying the violation and providing a timeline for the owner to abate it. If the violation is not abated, the Code Enforcement Officer may issue an administrative citation. If the violation continues to exist or is of a severe enough nature, a Code Enforcement Officer may issue a Notice and Order which includes civil penalties. The amount of civil penalties assessed per violation per day are dependent on several factors including the severity of the violation. Once the time given for compliance has lapsed, City staff may abate the nuisance conditions or hire private contractors to abate the nuisance.
$0
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
2015 2016 2017 2018 2019
NPU Citations Assessed
Other Cases
Big Case
Big Case
Big Case
Big Case
Big Case
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Post-Fine Procedure
• Appeal process: Any person served with an Administrative Citation may file an appeal within 20 days from the service of the document.5
• Confirmation of costs hearing: When the City directly or indirectly through a contractor, abates a nuisance condition san itemized accounting of the costs incurred are presented to a Hearing Officer at a confirmation of costs hearing. All administrative and actual costs may be recovered from the responsible party.
• Administrative penalty hearing: A hearing officer affirms whether the civil penalties assessed through a Notice and Order or administrative citation were appropriate and whether the responsible party caused or maintained the violation.
• Debris & Vegetation: On properties with dwellings or commercial buildings • Vacant Lot: Weeds or junk dumped on vacant lots
• Vehicle: Vehicles that are non-operable or parked on lawns or dirt

5 A Notice of Violation from the Neighborhood Preservation Unit cannot be appealed. 2015 2016 2017 2018 2019
DEBRIS 229 264 298 373 284
VEGETATION 263 598 541 465 1,131
VACANT LOT 53 17 65 37 84
VEHICLE 238 298 360 379 358
0 200
400
600
800
1000
1200
Cases
Other Code Enforcement Cases
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Opportunities for Enhancement of Existing Programs
Bulky Item Pick Up
The bulky item pick up program provides all residential customers with 2 pick-ups per calendar year, and they are afforded this through the Gilton and Bertolotti service providers. Several challenges with the program include the overabundance of material that residents place outside of their residence during the appointment, and the period of time that households are required to place the item outside of their home. The allowable amount of time is no more than 12 hours before the collection appointment, however residents often place items much sooner than this time which creates an eyesore for the neighborhood.

The options for improvements to this program to consider include:
• Bulky item pick up for multi-family housing complexes: Currently apartment complexes have limited ability for bulky item pick up
• Limited number of appointments: Evaluate the potential increase for the number of appointments available to residences
• Time elapsed between when items are placed outside of the residence and the appointment:

Households should not place items outside prior to the allowable 12 hour window, because of the potential for the items placed to grow because of neighbors noticing that they can leverage an extra pick-up
Neighborhood Environmental Action Team (NEAT)
Through a shared interdepartmental responsibility, the NEAT program is a unique opportunity to offer citizens the ability to take ownership over the parks and trails in their neighborhood. A natural expansion of the program would be through a partnership with the Public Works department to expand the adoption opportunities beyond parks and trails. The additional options for adoption may include the ability to “adopt a spot,” “adopt a street,” or other areas. Through additional resources staff can improve this program by increasing volunteerism, improving coordination, and ensuring each team has a sufficient amount of resources to promote a better Modesto.

The cost of the current program is minimal and there is no existing budget for this program, as it is absorbed within the Parks and Recreation Department budget. A few options to explore to expand the program include the following:
• Partner with Stanislaus County to allocate resources for NEAT teams for residents in county islands #3..
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• Share the cost between various departments that are working on blight abatement across the community
• Leverage donations from the community
• Establish a robust marketing campaign to increase volunteerism and donations Illegal Dumping Abatement (public right of ways)
One most frequent concerns that staff hears from residents is the frequency of illegal dumping across the city.

As mentioned above, the current protocol to abate illegal dumping is extensive considering the investigation that is intended to catch the perpetrator, and the limited availability of the haulers and the city’s abatement team. The available options to expand and improve the existing program include the following:
• Evaluation of solid waste fees associated with abatement programs • Redirect funding streams to expand the resources for illegal dumping abatement • Determine available resources for cameras to deter future illegal dumping in the city • Explore strategies to reduce the amount of time required to investigate illegal dumping by empowering additional public works or police department personnel with the ability and training to conduct investigations
• Explore potential to reduce the 72 hour window that the haulers have set to abate illegally dumped items
• Explore the amount of time (5 days) that residents are required to remove their own dumping Neighborhood Preservation (private property)
The Neighborhood Preservation Unit is responsible for ensuring compliance with the Modesto Municipal Code. NPU staff consists of code enforcement officers that work as a catalyst for positive change in troubled and at-risk neighborhoods. The growing amount of cases and steady resources have required that NPU staff creatively strategize how to address the rising number of cases. A few strategies to consider include the following:
• Data driven code enforcement that leverages additional reporting from residents in hot-spot locations • Explore ordinances, programs, and funding opportunities that can help eliminate unmaintained properties, while also considering social dynamics as reasons for unmaintained property • Evaluate fees for Notices of Violation and Administrative Citations associated with private property • Implement the Rental Housing Safety Program and that requires a self-certification process intended to ensure that landlords are complying with all municipal codes. #3..
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Shopping Cart Abatement
Beyond the traditional use for grocery stores, shopping carts are often stolen by individuals who do not have vehicles to transport their belongings. As identified above, the city receives approximately 300 shopping cart cases on an annual basis. Limited resources have hampered the ability of staff to adequately pursue and address shopping cart related issues across the city. To address the ongoing concern of shopping carts that impair the image of the community, several options for the city to explore to improve and enhance the shopping cart abatement procedure include the following:
• Notify business owners that the city reserves the right to issue fines in certain cases when they impound their shopping carts and to encourage them to install anti-theft devices on each of their shopping carts
• Request council consideration to set an impound fee between $100 and $500 to ensure that the City can recover the cost of impounding the shopping carts
• Based on the current ordinance (4-16.303) the City may issue a $50 for each violation in excess of 3 cases, and the City may require that these companies install disabling devices on all of their shopping carts, requiring the posting of a security guard to deter and stop customers who attempt to remove carts from the premises, installation of bollards, chains, or similar devices around the premises to prevent cart removal, etc.

Prevention and Enforcement Efforts
Over the last several years, the City has had limited prevention efforts because of limited resources. The efforts to prevent illegal dumping and other blight related issues have been primarily marketed through limited signage across the city and a limited public speaking circuit by the Public Works Department at neighborhood association meetings. In addition, enforcement has been exercised through traditional methods by code enforcement staff within Community and Economic Development and Public Works for public and private property. These traditional methods have primarily have been reactive as opposed to proactive. Reactive enforcement coupled with an extensive workload due to the amount of blight related issues across the city have created significant inefficiencies. To improve prevention and enforcement, the following options will be considered:
• Robust expansion of marketing related to blight abatement and the potential consequences for illegal dumping or allowing a private property to go into disrepair. • Leverage technology to enhance efficiency in handling blight abatement issues across the police, public works, and community/economic development departments. • Encourage residents and employees to “see something, say something” if they encounter blight related issues, and explore methods to enhance reporting #3..
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• Implement award/incentive program to incentivize residents to report illegal dumping when they see it
Public Education
Community awareness of the City’s role in preventing blight related issues through marketing across various platforms such as social media, city website, and other mediums has also been limited. City staff is currently working on door hangers, social media graphics, utility bill inserts, and other marketing material to improve awareness. In addition, to improve upon the existing work, additional options to consider include:
• Partnering with K-12 schools to educate students on the importance of reporting blight related issues and to encourage them to participate in litter abatement activities. • Develop an ongoing marketing strategy to ensure timely communication associated with different issues while leveraging partnerships, capitalizing on existing events, and engaging the community.

MOVING FORWARD
The strategy also includes a focus on short-term, intermediate, and long-term opportunities to collaborate with partners, leverage existing and seek future funding sources, initiate public education campaigns, creating more efficient and expedient bulky item and dumping pickups, prevention and enforcement efforts, and technical efficiencies through the use of camera technology and data collection.

Action Steps
Several of the key action steps that staff recommends with the approval of this strategy include the following:

Public Property
• Increase and enhance the digital detection and prevention methods through the use of video surveillance cameras
• Adjust budget to designate fees and fines to abatement of trash and illegal dumping • Work with haulers to evaluate methods of increased expediency of pickup through a fiscally sustainable program
• Research, evaluate, and consider Smart City technologies to provide more efficient and sustainable blight abatement activities while collecting data to guide future program initiatives Private Property
• Implement code enforcement program efficiencies related to noticing (14 days) and inspection • Train and empower City inter-departmental employees in code inspections #3..
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• Enhance vacant commercial and residential property monitoring ordinance through registration and fee collection
• Initiate rental housing safety program which includes debris and overgrown vegetation enforcement
• Implement new permitting software system to automate the citation process and free up code enforcement officer time to increase productivity
Public and Private Property
• Conduct training in City departments regarding the processes to mitigate blight through the use of the GoModesto! Application
• Implement Key Performance Indicator (KPI) reporting that reflect program effectiveness • Council Resolution proclaiming a month that supports “Beautify Modesto” • Conduct a fiscal and fee study (residential and commercial) to seek solutions to support a sustainable blight abatement program: illegal dumping fees, bulky item pickups, enforcement/fines, donations, in-kind contributions from volunteers, and others • Quarterly progress updates to the Safety and Communities Committee from staff • Creation of the Beautify Modesto Committee comprised of public and private partners • Affiliation with the “Keep America Beautiful” non-profit organization for training and education materials
• Implement a formal prevention campaign and implement an annual schedule In the past, programs have been launched to abate the blight throughout the City of Modesto and have tapered off. This strategy aims to broaden the scope, awareness, training, participation and partnerships through enhanced and sustainable funding sources to ensure the program continues well into the future.

Through the assessment of past programs and commensurate city programs in other communities, collaboration through community and public partnerships, and evaluation of Smart City technologies and initiatives that can enhance our overall effectiveness, this strategy is intended to guide the City to an elevated level of beautification.
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Implementation Schedule
Short Term
Description Status Cost/Funding
Source
Start Date Completion
Date
Assoc. Depts.

Prevention
Community
Mapping and
Tracking
In progress General Fund
Solid Waste
Fund
January 2018 Ongoing Solid Waste/IT
Partnership with
Neighborhood
Security and MPD
In progress General Fund
Solid Waste
Fund
May 2019 Ongoing Solid Waste/
MPD
Improvements to
Street Lighting
In progress Electrical Fund Ongoing Ongoing Electrical
Software
Improvements
In progress General Fund
Grant Funds
January 2020 Ongoing CEDD
Public Partnerships and Education
Door hangers Pending Solid Waste
Fund
November
2019
Ongoing CMO / Solid
Waste
Social Media
Campaign
Pending Solid Waste
Fund
November
2019
Ongoing CMO / Solid
Waste
Public
Engagement
Pending Solid Waste
Fund
January 2020 Ongoing CMO / Solid
Waste / NPU
Creation of Blight
Abatement
Advisory
Committee
Pending General Fund
In-Kind Staff
Time
January 2020 Ongoing CMO / Solid
Waste / NPU
Proclaim Blight
Abatement Month
Pending General Fund
In-Kind Staff
Time
January 2020 Ongoing CMO / Solid
Waste/ NPU
Quarterly Progress
Updates
Pending General Fund
In-Kind Staff
Time
January 2020 Ongoing CMO / Solid
Waste/ NPU
Coordinated Abatement
Downtown Streets
Team
In progress Solid Waste
Fund
January 2019 Ongoing CMO / Solid
Waste
Operation Clean
Sweep
In progress Solid Waste
Fund
CalTrans
December
2019
Ongoing CMO / Solid
Waste
Haulers In progress Garbage Rates Early 2000s Ongoing Solid Waste #3..
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Downtown
Modesto
Partnership
In progress General Fund 2014 Ongoing CMO / Solid
Waste
Intermediate Term
Description Status Cost/
Funding
Source
Start Date Completion
Date
Assoc. Depts.

Expansion to Current Programs
Bulky Item
Collection for
Multi-Family
Housing
Pending Garbage Rates July, 2020 Ongoing Solid Waste
Additional Code
Enforcement staff
Pending Solid Waste
Fund
General Fund
July 2020 December,2020 Solid Waste /
NPU
Public Partnerships and Education
Promotional Items
– Magnets
Pending Solid Waste
Fund
April, 2020 Ongoing Solid Waste
Expand Public
Speaking Circuit
Pending Solid Waste
Fund
January 2021 Ongoing Solid Waste
Reinitiate “Adopt a
Street - NEAT”
program
Pending Solid Waste
Fund
July 2020 Ongoing Solid Waste /
PRN
Methods to Deter Blight / Illegal Dumping
Increase in
surveillance
cameras
Pending Solid Waste
Fund
General Fund
TBD TBD CMO / Solid
Waste
Incentive Program Pending Pending TBD TBD CMO / Solid
Waste
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REFERENCES
Case Studies
City of Oakland
This City of Oakland is looking at a variety of activities to combat illegal dumping, some of which are working well, and others are not. The City is providing information to the community about the scope of the problem and resources on the Office of Public Works (OPW) website31. The website provides detailed information including mapping of reported dumpsites, data on types of materials dumped as well as a link to an interactive map that allows you to click on time periods, slices of the pie chart, and more to view the number and type of service requests to which OPW responded.

The City of Oakland has spent $100,000 on a pilot surveillance camera program, with the purchase and use of four cameras and license plates readers that may be moved around the city to identify illegal dumpers.

However, the cameras don’t appear to be impacting the larger problem and the City is determining if the program should be continued.32 In 2017, the City of Oakland issued 45 citations in 2017 and only seven offenders paid their fines in full. During same period, the city received more than 25,000 calls for service to respond to reports of illegal dumping, and during the last half of 2017 was able to respond to 95% of the calls within one day. The calls for service have doubled in the last five years. According to the February 2018 media report, the City is focusing on eradication and education as the main tools to try to reduce the impacts of dumping.

The City’s bulky item pick-up program is still undersubscribed. As of July 2015, it added multi-family units (5 plus units) to the program and increase it by 56,000 units. It allows one free pick-up annually for each apartment or condominium with a total of 1.5 cubic yards of trash per unit, plus 1 large appliance, 2 TVs, 2 tires, and 2 mattresses. Units may self-schedule with a waiver from property manager. Much of the dumping is occurring in residential areas and repeat offenders represent approximately 10% of the dumping activity.

This information is based on a study completed in August 2017, which also provides data about the geographic origin of illegally dumped material, and types of materials dumped amongst other information. Additionally, during the survey the conditions of the infrastructure (e.g.., concrete, asphalt, fences, landscaping, tagging) were noted on a five point scale from well-maintained to severely neglected. Thirty-two percent of the piles were noted to be in moderately neglected to severely neglected surroundings, with another 27% on maintained landscape indicating that actions to help maintain surroundings could be helpful. The City promotes community improvement partnerships such as Keep Oakland Beautiful to improve the community appearance through stewardship.

The City promotes a reward program for reporting illegal dumping.34 Witnesses who report critical information to catch illegal dumpers can receive up to half of all penalties collected in successful enforcement #3..
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actions based on the witness’s reports. There are four ways in which a witness can provide information to the City including, telephone, email, online and through a mobile app. However, this program may not be utilized fully as there is a requirement for the witness to appear and testify if the reported illegal dumping incident proceeds to a hearing or judicial proceeding. However, anonymous illegal dumping reports are allowed through these channels without the possibility of getting a reward.

City of San Jose
The City of San Jose has a comprehensive initiative to reduce illegal dumping.35 It is comprised of four pillars:
removing; prevention, enforcement and community reporting: 1. The City established the Removing and Preventing Illegal Dumping (RAPID) Team in July 2016. This team is responsible for the following:
• Picking up illegally dumped items reported by the public • Monitoring illegal dumping hotspots citywide
• Removing on average 25 tons of dumped materials per week from city streets and public areas In addition to the RAPID team, Republic Services sweeps various routes within commercial areas for illegally dumped items on a weekly basis.

Residents are provided with free bulky item pickup services and a comprehensive list of items that are accepted and alternative collection programs is provided on the City Website. The City also promotes opportunities to volunteer in volunteer cleanup programs through the Beautify San Jose Portal as well as promoting various Adopt-A-Creek and Adopt a Spot Programs on their website.

The City has an enforcement program that allows for fines including: first violation $2,500, second Violation $5,000 and three or more violations $10,00. In November 2015, the City Council approved an ordinance (Ord. 29645) amending Chapter 9.10 of Title 9 of the San Jose Municipal Code to add the definition of illegal dumping and language prohibiting illegal dumping36; and adopted a resolution amending the Administrative Citation Schedule of Fines to add new fines for illegal dumping in section 9.10.545. The City Ordinance related to illegal dumping, is broad and states: that any person whose identifying information is found in illegally dumped solid waste or hazardous materials or who is otherwise responsible for illegal dumping of solid waste or hazardous materials on any public or private property within the city is subject to enforcement and that each act of illegal dumping on a separate area of a single location is a separate violation even if each occurs on the same general time and day as well as that any person who disposes of solid waste or hazardous materials through illegal dumping shall be responsible for cleaning up and properly disposing of the illegally dumped solid waste or hazardous materials in addition to any other authorized enforcement action.

The City encourages residents to report illegal dumping through an online system or mobile app but doesn’t have a reward system. Review of available information suggests that efforts are making an impact. In December 2015, the City launched an anti-dumping pilot program, then expanded the program during the 2016-2017 fiscal year. The City’s efforts to develop a comprehensive program have helped it gain national recognition. Environmental Services Division led a citywide task force and developed what Keep America Beautiful describes as a “comprehensive program focused on prevention, cleanup, education and community engagement to provide practical and convenient alternatives to reduce illegal dumping.” #3..
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It also included a coordinated effort to remove items such as abandoned mattresses, furniture and trash from streets and waterways. There is also a broad public education campaign, partnerships with neighborhood associations, CommUniverCity (a partnership between the city of San Jose, San Jose State University and downtown neighborhoods) and the Behavioral Insights Team through Bloomberg Philanthropies’ What Works Cities initiative.

As part of the BeautifySJ initiative, the illegal dumping program is designed to link community and government efforts. During the fiscal year 2014-2015, when the city charged residents for every trash pickup, only 844 tons were collected. Beginning July 2017, residents were entitled to as many free pickups as they need, and 892 tons of “junk” collected in just the first three months.

Free collections of bulky items, as well as “swap” events, are also offered to students in neighborhoods around San Jose State in an annual spring “Move Out Event.”
To discourage dumping, banners read “Don’t Trash San Jose” at the city’s known 160 “hot spots.” Cameras are used to detect license plates and so far, 18 citations have been written.

There is a streamlined reporting mechanism for those who spot garbage. Residents can call the city’s Environmental Services Department or snap a picture of the dump site on the new MySanJose mobile app.

MySanJose gets an average 56 service requests per business day and increase of 30 more per day than the department previously received.

Once a site is identified, a RAPID Team is deployed. The team has doubled in size since its inception in 2016.

The number of sites cleaned up in the city over the past two years has jumped 73 percent, from 2,537 in 2016 to 4,395 in 2017. In 2016, it took 11.2 days to respond to a complaint, now it takes, on average, 4.1 days for the team to respond.

The new services are being publicized by the city at neighborhood association meetings, online via Facebook and Nextdoor, and through educational materials in English, Spanish and Vietnamese.

The previous “visual trash assessment” in areas where the garbage could eventually end up in waterways was completed in the fiscal year that ended last June 2017, before unlimited free trash pickups were offered and the MySanJose mobile app was launched. It found that trash was down 8.2 percent over previous years, but the next assessment might show increased results.

Contra Costa County
To allow the staff to clean up and fence off private property/lots that are habitually dumped on and recover the costs, Contra Costa County has implemented a “Clean and Lien” program through an ordinance and updating Title 1, Section 14-6.343 of its municipal code. The assessment is applied as a special assessment to the property through the process and collected at the time of other property taxes are due.

Kern County
Kern County has an ordinance: Title Eight, Section 8.28.080 of the code establishes that perpetrators of illegal dumping may be charged with a misdemeanor. The presence of at least two pieces of addressed mail or other identifying information in the dumped material shall be deemed to create a rebuttable presumption that the #3..
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person so identified is responsible for the dumped material and is subject to the penalties and remedies provided for in this section.55 The punishment of a misdemeanor may be by a fine of not exceeding one thousand dollars ($1,000.00) or by imprisonment in the county jail for a period of time not exceeding six (6) months, or by both such fine and imprisonment. Kern County Waste Management works with the local nonprofit organizations, businesses and residents to organize cleanup events through its outreach program “Keep Kern Clean” and illegal dumping areas have been cleared by volunteer groups ranging in size from 10 to several hundred. An offshoot of the program is Keep Kern Roads Clean which specifically targets roadside litter and residents and businesses can adopt two-mile sections of the county roads. These programs work in coordination with Keep Bakersfield Beautiful.

City of Fort Worth, Texas
The City of Fort Worth has two sources of alternative funds to support activities including a special assessment rate that property owners in downtown property improvement district (PID) and the storm water utility fee based on impermeable cover charged to residential and commercial properties as well as a monthly environmental fund fee which is scaled for apartment customers and industrial customers. Prevention program being utilized is to provide three free and convenient drop off stations across the city for residents that accept such items as tires, yard trimmings, old furniture, appliances, electronics, extra household garbage, which are items that are commonly illegally dumped. The program’s success has led to a fourth location being opened and the underused swap shop sections of the drop off stations being repurposed to accept other types of illegally dumped items at a cost of about $1.36 million annually. Keep Fort Worth Beautiful partners with the City to provide multiple volunteer community improvement projects and even thought the costs are not included in the study were estimated at over $323,200 for direct costs incurred, value of volunteer labor, and in-kind contributions for 2015 City of Austin, Texas
In the City of Austin an alternative revenue stream is the “Clean Community Fee” that residents pay ($8.05) including single family homes and apartment and condo dwellers and a monthly fee (19.85) that commercial properties pay to help keep Austin clean. In 2016 $2,100,000 from the Clean Community Fee was collected and distributed across program in the Austin Resource Recovery Department and the Austin Code Department to pay for street sweeping litter and illegal dumping abatement and cameras for illegal dumping enforcement.

The Code Department has two “Code Officers” and has installed over 30 cameras in known illegal dumping areas to document the illegal activities and relies on 311 calls. If offenders are caught they are required to clean up the site and pay a fine of up to $2,000. Citations are issued, and cases are sent to administrative panel appointed by the City Council. Austin also partners heavily with Keep Austin Beautiful, which provides multiple volunteer cleanups, creek cleanups, Adopt-A-Creek and Adopt-A-Street Programs throughout the City.

Funding Scenario for Program Expansion
The following scenario considers additional equipment for staff and ongoing disposal/ miscellaneous costs to expand the City’s abatement team with 2 full time maintenance workers and 1 full time solid waste code enforcement officer. The scenario considers an increase to the Illegal Dumping Fee for residential accounts #3..
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by $.25, and an increase to the Commercial Litter Abatement Fee by $.59 to fund the program expansion.

The cost for Year 1 and subsequent years is projected to be $308,092, while the revenue is projected to be $308,800.

COST DESCRIPTION COST
Disposal Fees $25,000
Estimated Initial and Ongoing Costs for Equipment and Materials6 $75,000 1 Solid Waste Enforcement Officer $76,356
2 Maintenance Workers $131,736
Total $308,092
Illegal Dumping Fee Per HH
Residential
Accounts
Amount/ Annual
Basis
Difference Between Current
Amount
(current rate) .15 56,000 $100,800 0
.15 + .10 56,000 $168,000 $67,200
.15 + .15 56,000 $201,600 $100,800
.15 + .25 56,000 $268,800 $168,000
Cost and Funding of Existing Programs

6 Examples of equipment and materials include: vehicles, trailers, surveillance cameras, etc. 7 The Commercial Litter Abatement Fee funds the Downtown Streets Team ($50,000) and will fund the Operation Clean Sweep program ($50,000).
8 This amount is the remainder that is currently recovered through the Commercial Litter Abatement Fee Commercial Litter Abatement
Fee
Commercial
Accounts
Amount /
Annual Basis
Difference Between Current
Amount
(current rate) .59/cubic yard 11,000 $120,4007 0
.59 + .59 / cubic yard 11,000 $240,800 $120,400
Adjusted Amount: $288,400
Additional L.A. Funds:+ $20,4008
Recommended Amount: 308,800
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95,268.32
98,960.43
58,729.07
351,949.75
47,309.63
$130,512.76
$172,031.25
$119,561.59
$113,230.97
$229,889.73

0.00 50,000.00
100,000.00
150,000.00
200,000.00
250,000.00
300,000.00
350,000.00
400,000.00
2015 2016 2017 2018 2019
Private Property: Revenue and Expenses
Expenses
Revenues
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440,700
121,440
12,666
2018 - 2019 Public Property Revenue
Hauler Revenue: Garbage Rates
Commercial Litter Abatement Fee
Solid Waste Citations
$102,010
$440,700
Blight Abatement Expenses: FY 2018-2019
Solid Waste: Citations /
Commercial Litter Abatement
Hauler: Bulky Item / Illegal
Dumping
Total: $574,806
Total: $542,910
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MAXIMUM CHARGES FOR GARBAGE SERVICE - JULY 1, 2019
STANDARD CONTAINERS - Maximum Monthly Rate
Standard container service includes the following:
• 1 container for garbage and 1 container for organics waste recycling picked up once a week
• 2 bulky item collections per year by appointment
• City tree maintenance; collection & composting of green waste and forestry materials • Removal of illegally dumped items in streets and alleys • Drop off program for household hazardous waste
Additional Garbage Container - $ 13.00 each per month picked up once a week Additional Organics Container - $8.00 each per month picked up once a week Base Rate $ 29.45
Recycling Fee $ 0.43
Green Waste Fee $ 5.03
Carpenter Rd Landfill Fee $ 0.46
Geer Rd Landfill Fee $ 0.15
MAXIMUM MONTHLY RATE $ 35.52
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*Containers must be placed in a location set forth in Section 5-5.111 of the MMC.

DETACHABLE CONTAINERS - Maximum Monthly Rate
Weekly rental for Detachable Containers shall not exceed the rate for 1 pick-up per week for each size container.

Regular Container Maximum Rates
Container NUMBER OF COLLECTIONS PER WEEK
Size 1 2 3 4 5 6
1 CY $48.83 $97.66 $146.49 $195.32 $244.15 $292.98
2 CY $97.66 $195.32 $292.98 $390.64 $488.30 $585.96
3 CY $146.49 $292.98 $439.47 $585.96 $732.45 $878.94
4 CY $195.32 $390.64 $585.96 $781.28 $976.60 $1,171.92
5 CY $244.15 $488.30 $732.45 $976.60 $1,220.75 $1,464.90 6 CY $292.98 $585.96 $878.94 $1,171.92 $1,464.90 $1,757.88 **Residential and Commercial Fuel Component adjustments - The fuel component is set annually as part of the base cost. It is reviewed quarterly and adjustments shall be made as Base Rate $ 36.85
Recycling Fee $ 0.69
Green Waste Fee $ 9.72
Litter Abatement $ 0.59
Carpenter Rd Landfill Fee $ 0.74
Geer Rd Landfill Fee $ 0.24
MAXIMUM RATE 1 CU YD $ 48.83
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needed. The adjustment shall be based on the average price of fuel for a preceding quarter as follows: July 1/January-March; October 1/April-June; January 1/July-September; April 1/October-December. Average prices shall be determined based on published prices for California from the Department of Energy, Energy Information Agency and a fuel factor based on the haulers’ audited financials at annual rate review each year.

DROP BOX CONTAINERS – Maximum Rate Per Pick-Up
Actual disposal charges are paid and negotiated directly between the customer and the garbage company. The garbage company will provide up to 40CY Drop Box containers for stated charges subject only to load limit of transfer vehicle. An AB 939 Green Waste Diversion Fee of $17.30 per ton is added to the disposal charges.

Base Rate $ 362.26
Recycling Fee $ 20.23
Carpenter Rd Landfill Fee $ 21.70
Geer Rd Landfill Fee $ 7.02
MAXIMUM RATE PER PICK-UP $ 411.21
Rental Fees
$0.85 per day up to 7-day maximum rental
$3.00 per day for boxes kept 7 or more days without servicing $10.00 per day for boxes kept 21 or more days without servicing

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City of Modesto
2020-2025 Blight Abatement Strategy
COMPACTORS – Maximum Monthly Rate
Front Loader Compactors
Compactor Rates
Container NUMBER OF COLLECTIONS PER WEEK
Size 1 2 3 4 5 6
3 CY $439.47 $878.94 $1,318.41 $1,757.88 $2,197.35 $2,636.82 4 CY $585.96 $1,171.92 $1,757.88 $2,343.84 $2,929.80 $3,515.76 6 CY $878.94 $1,757.88 $2,636.82 $3,515.76 $4,394.70 $5,273.64 Roll-Off Compactors
• 6CY to 40CY $411.21 per pick-up
• Hospital waste compactors $265.00 per pick-up
• Washing compactor $30.00
• Disposal Charge Actual charge to be paid by customer
• AB939 Green Waste Diversion Fee $17.30 per ton

EXTRA PICKUPS
Standard containers or equivalent $3.50 plus $2.30/container Detachable containers $12.00 plus $4.15/cubic yard
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SPECIAL SERVICE CONDITIONS
In situations where none of the above maximum rates reasonably apply, the cost of service is to be negotiated between the garbage company and the customer.

DETACHABLE CONTAINER ONLY - REPLACEMENT AND CLEANING SERVICE 1 CY 1½ CY 2 CY 3 CY 4 CY 5 CY 6 CY
$10.12 $11.00 $12.10 $15.40 $20.24 $25.08 $29.92
NOTATION: Pursuant to Section 11-6.16(c)(2) of the Modesto Municipal Code, the garbage company may require a deposit equivalent to two months service charge from customers prior to beginning service. The deposit will be credited back to the customer after 18 months under specified conditions.
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

April 11, 2022
Date: March 16, 2022
TO: Safety & Communities Committee
Chris Ricci, Chair
Sue Zwahlen, Vice-Chair
Rosa Escutia-Braaton, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Brandon Gillespie, Chief of Police
SUBJECT: Military Equipment Policy as per CA Assembly Bill 481 CONTACT: Jason Grogan Captain, [email protected], (209) 572-9500 DESCRIPTION:

Consider an ordinance approving the Modesto Police Department Military Equipment Use Policy 710 in accordance with AB 481, and forwarding to Council for approval. (Funding Source: Not Applicable)
STRATEGIC PLAN ELEMENT:

This item is related to the 2020-2025 Strategic Plan goal of improving community safety and promoting trust and transparency with the Citizens on Modesto.

BACKGROUND:

Assembly Bill 481 (AB 481), codified at Government Code sections 7070 through 7075 requires a law enforcement agency to obtain approval from the applicable governing body, via adoption of a “military equipment” use policy by ordinance, prior to funding, acquiring, or using military equipment. The Modesto Police Department (MPD) seeks City Council approval of the attached Military Equipment Policy 710, in order to allow MPD to continue to use the vital equipment specified therein.

Items deemed to be “military equipment” by AB 481 are used as a component of overall best practices for law enforcement agencies (LEAs) throughout the country. These tools have been tested in the field, and are used by LEAs to enhance both citizen and officer safety. Loss of these items would jeopardize the welfare of citizens and peace officers within the City of Modesto.

The term “military equipment”, as used in AB 481, in fact does not necessarily indicate equipment that has been used by the military. Pursuant to AB 481, items deemed to be “military equipment” include, but are not limited to, unmanned aerial or ground vehicles, armored vehicles, command #4..
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Safety & Communities Committee, April 11, 2022
Military Equipment Policy as per CA Assembly Bill 481

and control vehicles, pepper balls, less lethal shotguns, less lethal 40mm projectile launchers, and flashbangs.

The Modesto Police Department is committed to using the most up-to-date tools and equipment to safeguard the residents of Modesto. Many of the items deemed to be “military equipment” by AB 481 are in fact employed by MPD and law enforcement agencies across the country, in order to specifically reduce risk to community members. These items provide peace officers with the ability to safely resolve volatile situations which otherwise might rise to the level of a lethal force encounter. To that end, the items at issue in this report, and accompanying Military Equipment Use Policy, also provide MPD officers with vital tools that facilitate compliance with the Department’s stringent use of force policy.

DISCUSSION:

There is significant interest in ensuring that law enforcement continues to have access to equipment that will provide peace officers as many options as possible to safeguard lives, ensure safety, and protect civil liberties. The use of the tools identified below are vital to the MPD’s mission and will continue to be strictly regulated through internal processes and oversight.

The MPD seeks approval to adopt Military Equipment Policy 710. This policy outlines each item identified in Government Code section 7070, that is currently owned by MPD and the City of Modesto. The policy also includes the current use and cost of each item . These particular items have been in place prior to the implementation of AB 481. Future acquisitions of any item deemed to be “military equipment” will require policy update and Council approval.

The proposed Military Equipment Policy 710 ensures that there are safeguards in place, including transparency, oversight, and accountability measures. For instance, the policy requires MPD to conduct an annual audit of the non-compliant use of military equipment identified in Military Equipment Policy 710. This audit will be shared yearly in a community engagement meeting where the public has the opportunity to ask questions on funding, acquisition, and use of the equipment. This report will also be placed on the MPD’s website. MPD’s Internal Affairs Unit will conduct an annual audit to ensure all Department members are complying with this policy. All instances of non-compliance will be reported to the City Council via the annual military equipment report.

There are no reasonable alternatives to the items listed below, which AB 481 deems to be military equipment. The Modesto Police Department has not discovered alternative items that can achieve the same objectives of civilian and officer safety. Each item’s necessity is further described below:

Unmanned remotely piloted powered aerial vehicle: Unmanned aerial vehicles (UAV) are necessary as they provide visibility to high risk locations. The UAV system is designed to assist major collision and crime scene investigations, search for missing persons, crowd control situations, search and rescue operations, and perimeter searches and security.

Without the use of a UAV, peace officers would have to deploy to high risk locations which would increase the risk to the officers and members of the public.

Unmanned remotely controlled ground vehicle: Unmanned ground robots are used for reconnaissance during critical incidents to assist in providing visibility in areas where it would be unsafe to send a peace officer. The robot is used to gain visual and audio data #4..
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Safety & Communities Committee, April 11, 2022
Military Equipment Policy as per CA Assembly Bill 481

in dangerous incidents, deliver communication devices during high risk incidents, used to open doors, disrupt packages, and safely clear buildings. Not having access to this item would require the use of peace officers to engage in high risk tasks.

Armored vehicles: Commercially produced wheeled armored personnel vehicles utilized for law enforcement purposes. Armored vehicles are used to provide ballistic protection to officers and citizens during rescue, critical incidents and other hazardous situations. These vehicles allow officers closer access to high risk situations while substantially reducing the physical risk to the officers and the public. MPD also utilizes two armored vehicles (Armadillo Program) as overt unmanned surveillance stations in areas experiencing quality of life issues or high crimes. The vehicles are equipped with cameras to capture criminal activity as well as identifying those involved in crime. There are no reasonable alternatives to providing the same level of ballistic protection.

Command and control vehicles: The Mobile Incident Command Post vehicle (Mobile CP) is a truck and trailer used as mobile office command centers by both the Modesto Police and Fire Departments to provide shelter, access to department computer and communication systems, and restroom facilities during extended events and incidents.

Assault Weapons - M16A1 Select fire rifles: These rifles are used for training purposes only. These rifles are outfitted with upper receivers that are not capable of firing live 5.56 projectiles. They were obtained over 20 years ago through the military surplus program (LESO).

Flashbangs, Tear Gas, Pepper Balls: Flashbangs are used as a distraction device in order to disorient or divert the suspect(s) attention away from officers. This can allow officers to gain safer access to a high-risk situation, giving extra time to assess and analyze existing threats. This can prevent injury to officers and members of the public. These devices can often lead to a safer resolution and allow officers to take a subject into custody without force.

Tear gas and pepper ball are less lethal methods used to address violent or riotous crowds when there is a risk to public and officer safety. They are also used to safely extract a suspect from a fixed location or safely detain a suspect who poses a risk of violence. Tear gas allows peace officers to deploy a less lethal chemical agent into a structure where other weapons would not be capable of doing so. Both are less lethal and afford peace officers an added option to avoid lethal force encounters. When these items are reasonable and necessary for use, there is no other alternative.

Projectile Launch Munitions and Platforms: The 40mm launchers are utilized by peace officers as a tear gas delivery system and as a less lethal tool to launch foam baton impact munitions. This allows officers to address a threat from a greater distance and provides an alternative option for deadly force when reasonable.

The less lethal shotguns are used to deploy the less lethal 12-guage Super-Sock Beanbag impact round. The bean bag shotgun also allows officers to confront a potentially armed or dangerous suspect at a longer distance. This can potentially prevent a deadly force encounter. When necessary, there is no alternative to these less lethal weapon systems. #4..
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Safety & Communities Committee, April 11, 2022
Military Equipment Policy as per CA Assembly Bill 481

FISCAL IMPACT:

There is no fiscal impact by approving this policy.

Approved by:

Brandon Gillespie, Chief of Police
Joseph P. Lopez, City Manager
Attachments:

1. DRAFT Military Equipment Policy 710

2. DRAFT Military Equipment Inventory

3. Ordinance Approving Military Equipment Policy 710
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***DRAFT*** Military Equipment - 1
Copyright Lexipol, LLC 2022/03/09, All Rights Reserved.

Published with permission by Modesto Police Department
Modesto Police Department
Modesto PD Policy Manual
Military Equipment
710.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
710.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body - The elected or appointed body that oversees the Department.

Military equipment - Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than .50 caliber, including firearms identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue service weapons and ammunition of less then .50 caliber that are issued to officers.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • “Flashbangs” and explosive breaching tools.
• “Tear gas” and “Pepper balls” excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• The following projectile launch platforms and their associated munitions; 40mm projectile launchers, “bean bag”, rubber bullet, and specialty impact munitions (SIM) weapons
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
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Military Equipment
Modesto Police Department
Modesto PD Policy Manual
Copyright Lexipol, LLC 2022/03/09, All Rights Reserved.

Published with permission by Modesto Police Department
***DRAFT*** Military Equipment - 2
710.2 POLICY
It is the policy of the Modesto Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 710.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Modesto Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
710.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:
[ SEE ATTACHMENT A]
710.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is #4..
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Military Equipment
Modesto Police Department
Modesto PD Policy Manual
Copyright Lexipol, LLC 2022/03/09, All Rights Reserved.

Published with permission by Modesto Police Department
***DRAFT*** Military Equipment - 3
submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 710.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any member of this Department shall be approved for use and in accordance with this Department policy. Military equipment used by other jurisdictions that are providing mutual aid in accordance with Department Policy 304 to this Department and/or operating in conjunction in a law enforcement capacity with this Department, shall comply with their respective military equipment use policies
710.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. #4..
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Military Equipment
Modesto Police Department
Modesto PD Policy Manual
Copyright Lexipol, LLC 2022/03/09, All Rights Reserved.

Published with permission by Modesto Police Department
***DRAFT*** Military Equipment - 4
710.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
710.9 COMPLIANCE
Department Supervisory staff will ensure that all Department members comply with this policy.

The Internal Affairs Unit will conduct an annual audit for any non-Compliance. The Chief of Police or designee will be notified of any policy violations and, if needed, the violation(s) will be referred to the Internal Affairs Unit and handled in accordance with Department Policy 1020 (Personnel Complaints) and policy 340 (Code of Conduct). All instances of non-compliance will be reported to City Council via the annual military equipment report.

Any member of the public can register a question or concern regarding military use equipment by contacting the Modesto Police Department’s Internal affairs Unit at 209-572-9500. A response to the question or concern shall be completed by the Department in a timely manner. 710.10 MILITARY EQUIPMENT USE SUPPLY LEVELS
When stocks of military equipment have reached significantly low levels or have been exhausted, The Department may order up to 10% of stock in a calendar year without city council approval to maintain essential availability for the department’s needs. #4..
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Modesto Police Department
Policy 710- Military Equipment Use
Attachment A- Military Equipment Inventory
(Categories correspond with the categories provided in Government Code Section 7070(c)) #4..
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Category 1-
Unmanned Aerial Vehicles (UAV): An unmanned aircraft along with the associated Equipment necessary to control it remotely.
a. Description, quantity, capabilities and purchase cost of current UAVS.

1. DJI 200 V2 with Zenmuse XT2 Thermal Camera. Cost: $15,000 Quantity: 1 Remotely operated aerial vehicle that has video recording and Thermal video capabilities and 25-30 minutes of flight time

2. DJI 200 V1 with Zenmuse Z30 Zoom Camera. Cost: $16,000 Quantity: 1 Remotely operated aerial vehicle that has video recording capabilities and 27 minutes of flight time

3. DJI Mavic2 Thermal. Cost: $3,000 Quantity: 2 Remotely operated aerial vehicle that has video recording and Thermal video capabilities and 25-30 minutes of flight time

4. DJI Mavic 2 Zoom. Cost: $3,000 Quantity: 2 Remotely operated aerial vehicle that has video recording and capabilities and 25-30 minutes of flight time

5. DJI Phantom 4 with Zenmuse XT Thermal Camera and Z3 Zoom Camera. Cost:
$2,500 Quantity: 4 Remotely operated aerial vehicle that has video recording and Thermal video capabilities and 25-30 minutes of flight time

6. DJI Inspire with Zenmuse XT Thermal Camera and Z3 zoom camera. Cost: $8,500 Quantity: 1 Remotely operated aerial vehicle that has video recording and Thermal video capabilities and 25-30 minutes of flight time b. Purpose: UAVs are to be deployed when its use would assist officers or Incident commanders (ICs)with the following situations, which include but not limited to:

1. Major collision investigations

2. Search for missing persons

3. Search and rescue operations

4. Crowd control Situations

5. Perimeter Searches and security

6. Natural disaster management

7. Crime Scene Investigations and photography

8. SWAT, tactical, or other public safety and life preservation missions

9. In response to specific requests from local, state, or federal fire authorities for fire response and/or prevention.
c. Authorized use: Only authorized operators as set forth in Department Policy 613 shall be permitted to operate any UAV and only during approved missions. d. Expected life span: All UAV equipment 5-7 years
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e. Fiscal impact: Annual maintenance and battery replacement cost is projected to be approximately $5,000
f. Training: all UAV operators must go thru in-service training on UAV systems and operations as well as search and seizure laws as well as ongoing in-service training quarterly.
g. Legal procedure rules: use is established under Department Policy 613 and in accordance with MPD’s FAA Certificate of Authorization. It is the policy of the Modesto Police Department (MPD) to utilize UAVS only for official law enforcement purposes and in a manner that respects the privacy of our community, Constitutional rights and in a manner pursuant to state and federal law.

Robots: A remotely controlled unmanned ground vehicle, which is used to enhance the safety of officers and the community.
a. Description, quantity, capabilities and purchase cost of current robots.

1. Robotex A00476. Cost: $20,000 Quantity:1 The Robotex Tactical robot enhances the capabilities of SWAT and tactical response teams by allowing them to quickly and safely inspect dangerous situations. there is no longer a need to send personnel in before there has been a chance to assess the situation. The robot can navigate various terrain including stairs, grass and clothing. It has two-way audio and video recording capabilities and is remotely operated.

2. iRobot BB2590. Cost: $0 Quantity:1 obtained from Government surplus program (LESO) This robot is a multi-mission Tactical robot used to carry out dangerous missions in high treat incidents and is remotely operated. b. Purpose: These robots are used to gain visual /audio data in dangerous incidents, deliver communication devices during high risk incidents. They can be used to open doors, disrupt packages and safely clear buildings.
c. Authorized use: The use of robots shall only be authorized by a designated Incident Commander or the SWAT Commander, based on the specific circumstances of a given critical incident. Robots shall only be used by officers trained in their deployment and in a manner consistent with department policy and training. d. Expected life span: All unmanned ground vehicles, 5-10 years e. Fiscal impact: Annual maintenance costs and battery replacement costs are projected to be approximately $3,000
f. Training: all operators will be trained with in-service SWAT training on unmanned ground vehicle operations.
g. Legal procedure rules: use is established under Department Policy 414 (Hostage or barricaded persons) and policy 409 (Crisis Response Unit). It is the policy of the Modesto Police Department (MPD) to utilize unmanned ground vehicles (Robots) vehicles only for official law enforcement purposes and in a manner that respects the privacy of our community, pursuant to state and federal law. #4..
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Category 2-
Armored vehicles: Commercially produced wheeled Armored Personnel vehicles utilized for law enforcement purposes.
a. Description, quantity, capabilities and purchase cost of current armored vehicles.

1. 2004 LenCo Bear. Cost: $300,000. The LenCo Bear is an armored vehicle that seats 10-12 personnel with an open floor plan that allows for rescue of downed personnel. The vehicle has ballistic capabilities which provide greater safety to citizens and officers beyond the protection level of Ballistic shields or personal body armor.

2. Peacekeeper Protected Response Vehicle (PRV). Cost: $0, Quantity:2. Both vehicles obtained from Government surplus program (LESO). The primary use of these two vehicles are to act as overt unmanned surveillance stations (Armadillo Program) in areas experiencing quality of life issues or high crimes. The video camera equipment can capture criminal activity as well as help identify those involved in crime. In emergency situations Peacekeeper vehicles can seat 6-10 people. The vehicle has ballistic capabilities which provide greater safety to citizens and officers beyond the protection level of Ballistic shields or personal body armor.

B. Purpose: Armored vehicles are to be used in response to Critical Incidents to enhance officer and community safety, improve scene containment and stabilization and assist in resolving critical incidents C. Authorized use: The use of Armored vehicles shall only be authorized by a Watch Commander, a designated Incident Commander or the SWAT Commander, based on the specific circumstances of a given critical incident.

Armored vehicles shall only be used by officers trained in their deployment and in a manner consistent with department policy and training.

D. Expected life span: All Armored vehicles, 20 years
E. Fiscal impact: Annual maintenance costs are projected to be approximately $20,000
F. Training: all drivers/operators will be trained with in-service training on vehicle operations and practical driving instruction.

G. Legal procedure rules: use is established under Department Policy 706 (vehicle use) and policy 707 (Armored vehicles). It is the policy of the Modesto Police Department (MPD) to utilize armored vehicles only for official law enforcement purposes and in a manner pursuant to state and federal law.

Category 3-None
Category 4- None
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Category 5
Mobile Incident Command Post vehicles (Mobile CP): Truck and trailer used for a mobile office command Center that provides shelter, access to department computer and communication systems and restroom facilities during extended events. a. Description, quantity, capabilities and purchase cost of current CP vehicles.

1. 2000 Eagle 5th wheel trailer. Cost: $40,000 This trailer is used for a mobile office command Center by both the Modesto Police and Fire Departments that provides shelter, access to department computer and communication systems and restroom facilities during extended events. This vehicle is marked with the words, Modesto Police Department Command Post and is separated into three areas, the areas include a conference area with white boards and tables, a communications area with radios and computer capabilities and a private interviewing area.

2. 2001 Ford F550 truck. Cost: $42,159 This Vehicle is used to pull the 5th wheel trailer Mobile command post. And is marked with “Modesto Police” and has emergency lighting.
b. Purpose: To be used based on the specific circumstances of a given critical incident, large event, natural disaster, community event or for crime scene management.
c. Authorized use: The use of the command post vehicles shall only be authorized by a Watch Commander, a designated Incident Commander, SWAT Commander or Crisis Response Unit (CRU) Commander, based on the specific circumstances of a given critical incident. Command Post vehicles shall only be used by officers trained in their deployment and in a manner consistent with department policy and training.
d. Expected life span: vehicles, 20 years
e. Fiscal impact: Annual maintenance costs are projected to be approximately $10,000
f. Training: all drivers/operators will be trained with in-service training on vehicle operations and practical driving instruction and must be properly licensed through the State of California
g. Legal procedure rules: use is established under Department Policy 706 (vehicle use) and policy408 (Crisis Response Unit). It is the policy of the Modesto Police Department (MPD) to utilize the mobile command post vehicles only for official law enforcement purposes and in a manner pursuant to state law regarding the operation of motor vehicles.

Category 6- None
Category 7- None
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Category 8- None
Category 9
M16A1 Select Fire Rifles: These rifles are used for training purposes only. When used for training these rifles are outfitted with upper receivers that are not capable of firing live 5.56 projectiles.
a. Description, quantity, capabilities and purchase cost of current M16A1 Select Fire Rifles.

1. M16A1select fire rifles. Cost: $0, Quantity:52 These rifles were obtained over 20 years ago through the military Surplus program (LESO). These rifles are only used for training. When used for training the rifles are outfitted with upper receivers that are not capable of firing live 5.56 projectiles.
b. Purpose: These rifles are for training purposes ONLY by SWAT team members and designated personnel of the Urban Rifle team (URO). These rifles are not used outside of a training environment.
c. Authorized use: These rifles are for training purposes by SWAT team members and designated personnel of the Urban Rifle team (URO). These rifles are not used outside of a training environment.
d. Expected life span: 40 years
e. Fiscal impact: Annual maintenance costs are projected to be approximately $500
f. Training: Personnel using these for training have either attended MPD’s POST certified 40-hour Urban Rifle course or the POST certified SWAT Basic course g. Legal procedure rules: use is established under Department policy 312 (Firearms). It is the policy of the Modesto Police Department (MPD) to utilize the M16A1 rifle only for official law enforcement purposes and in a manner pursuant to state and federal law.

Category 10- None
Category 11- None
Category 12
Flash Bangs, Tear Gas, pepper balls: Flashbangs are devices used to distract and disorientate dangerous persons. Chemical Agent (tear gas) Canisters contain chemical agents that are released when deployed. Pepper balls are a non-lethal projectile that contain a chemical irritant a. Description, quantity, capabilities and purchase cost.

1. Pepper ball FTC Launchers. Cost: $600 each, Quantity: 5, these launchers are compressed-air powered launchers designed to fire non-lethal Pepper ball projectiles which contain a chemical irritant.
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2. Pepper ball Tippman Carbine Launchers. Cost: $200 each, Quantity: 2, these launchers are compressed-air powered launchers designed to fire non-lethal Pepper ball projectiles which contain a chemical irritant.

3. Pepper ball LIVE projectile. Cost: $2 per projectile Quantity: 3000. The basic pepper ball projectile contains 2% PAVA pepper powder and is designed for direct impact and area saturation, especially in confined interior spaces. the projectile is a non-lethal chemical irritant.

4. Combined Tactical Systems (CTS) 7290 Mini Flashbang. Cost: $40 each, Quantity:69. These are non-bursting, non-fragmenting devices that produce a thunderous bang with intense bright light. They are ideal for distracting dangerous subjects in high risk situations.

5. Combined Tactical Systems (CTS)5230 CS Gas Canister. Cost: $50 each, Quantity: 99, Large diameter canisters that discharge a high volume of smoke and chemical agent through multiple emission ports. Can be thrown or deployed with a launching delivery system.

6. Combined Tactical Systems (CTS)4330 40mm CS Liquid Barricade Ferrett rounds. Cost: $25Each, Quantity: 95, These rounds are CS filled projectiles that are used to penetrate intermediate barriers and deliver irritant agents into adjacent rooms. They are used to dislodge barricaded subjects from confined spaces. The purpose is to minimize risks to all persons through pain compliance, temporary discomfort and/or incapacitation of potentially violent or dangerous persons.

7. Defense Technology40mm warning/signaling munition #6029WS. Cost:
$45 each, Quantity:16. These are 40mm launched warning/signaling munitions that deliver 170 dB of sound and bright light

8. CTS 40 MM Aerial Warning Signal Flashbang #4090. Cost: $40 each Quantity: 3 These are 40mm launched warning/signaling munitions that deliver intense sound and bright light and are fired above a crowd during a riot situation.

9. CTS #4233 40 mm Riot CS Smoke canisters. Cost: $45 each Quantity: 38 These are 40mm launched CS smoke munitions emit CS Chemical irritant and smoke during a riot/Civil disorder situation.

10. CTS #6210 White Smoke Canister. Cost: $35 each, Quantity:18 These white smoke canisters are used for obstructing tactical movement and for signaling and marking a landing zone during any air operations. These are thrown manually

11. CTS #6340 OC Aerosol Canisters. Cost: $45 each, Quantity:14 These canisters deliver an invisible OC (Chemical irritant) and renders a Temporary respiratory effect on non-complaint subjects. These are thrown manually
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b. Purpose: Flashbangs are a distraction device used to distract dangerous subjects during hostage recues, room entries or other high-risk situations.

They produce atmospheric over-Pressure and brilliant white light and as a result can cause short term (6-8 seconds) sensory deprivation to give officers a tactical advantage and increase officer safety. Chemical agent canisters are designed to limit the escalation of conflict and improve officer safety in high risk situations. Situations for use of Chemical agent systems may include but are not limited to

1. Self-Destructive, dangerous and/or combative subjects

2. Riot/crowd control and civil unrest incidents

3. Circumstances where a tactical advantage can be obtained

4. Potentially vicious animals

12. Training exercise and/or approved demonstrations
c. Authorized use: The use of the Chemical Agent munitions and delivery systems are authorized to be used only by officers who have been trained by POST certified Less Lethal and chemical agent instructors. They can only be used by officers trained in their deployment and in a manner consistent with department policy and training.
d. Expected life span: Pepper ball Launchers:20 years, Pepper ball projectiles: 2 years, Flashbangs: No expiration date. Chemical Agents/Tear gas: 5 years e. Fiscal impact: There are no projected Annual maintenance costs f. Training: The use of the Chemical agent munitions and delivery systems are authorized to be used only by officers who have been trained by POST certified Less Lethal and chemical agent instructors. The use of flashbangs is authorized to be used by officers of the SWAT team and who are trained in their deployment by POST certified instructors and in a manner consistent with department policy and training.
g. Legal procedure rules: use is established under Department Policy 300 (use of force) and policy308 (Control devices). It is the policy of the Modesto Police Department (MPD) to utilize Chemical agents, their delivery systems and flash bangs only for official law enforcement purposes and in a manner pursuant to state and federal law.

Category 13- None
Category 14
Projectile Launch munitions and Platforms: 40mm Launchers are utilized by Department personnel as a tear gas delivery system and as a Less lethal tool to launch impact rounds. The Less Lethal shotguns are used to deploy the Less Lethal 12-gauge Super-Sock Beanbag Impact round.
a. Description, quantity, capabilities and purchase cost. #4..
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1. Remington 870 Less Lethal Shotgun. Cost: $600 each, Quantity: 37, The Remington 870 Less Lethal Shotgun is designated as such with High Visibility Bright Orange Stocks and Foregrips. They are used to deploy the Less Lethal Super-Sock Impact rounds up to a distance of 75 feet. The range of the weapon system helps to maintain space between officers and a suspect reducing the immediacy of the threat which is a principle of De-escalation.

2. 12 Gauge Super-sock Bean Bag Impact round. Cost: $5 per round, Quantity:350. These rounds are a 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 290 feet per second. These are considered impact weapons and provide accurate and effective performance when fired from the approved distance of not less then 5 feet. Effectiveness depends on many variables such as distance, clothing, stature and the area the projectile impacts.

3. Defense technology 40mm Single shot launcher. Cost: $1,000 each, Quantity:
2, The 40mm Single Shot Launcher is a tactical launcher. It will fire standard 40mm Less Lethal Ammunition and gas munitions. These are only authorized to be used by SWAT personnel and specifically designated members of the Mobile Field Force (MFF).

4. LMT 40mm Single shot launcher. Cost: $1,000 each, Quantity: 4, The 40mm LMT Single Shot Launcher is a tactical launcher. It will fire standard 40mm Less Lethal Ammunition and gas munitions. These are only authorized to be used by SWAT personnel and specifically designated members of the Mobile Field Force (MFF).

5. CTS 40MM foam baton munition # 4557. Cost: $35 each, Quantity 19: These munitions are a 40mm launched spin stabilized less lethal direct impact munition.

6. Defense technology 40mm Stinger Rubber Ball rounds Cost: $25 each, Quantity: 19, These munitions are a 40mm launched less lethal impact munition. Used for crowd/riot and civil disorder management. Each round contains approx. 18 60 mm rubber balls.
b. Purpose: Less Lethal munitions are designed to limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of less lethal weapon systems may include but are not limited to

5. Self-Destructive, dangerous and/or combative subjects

6. Riot/crowd control and civil unrest incidents

7. Circumstances where a tactical advantage can be obtained

8. Potentially vicious animals

9. Training exercise and/or approved demonstrations
c. Authorized use: The use of the less lethal munitions and delivery systems are authorized to be used only by officers who have been trained by POST certified Less Lethal instructors. They can only be used by officers trained in #4..
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their deployment and in a manner consistent with department policy and training.
d. Expected life span: Bean bag shotguns:25-30 years, Bean bag munitions: no listed expiration, 40 mm launchers: 20 years
e. Fiscal impact: Annual maintenance costs are projected to be approximately $2,000
f. Training: The use of the less lethal munitions and delivery systems are authorized to be used only by officers who have been trained by POST certified Less Lethal instructors during in service training. g. Legal procedure rules: use is established under Department Policy 300 (use of force) and policy 308 (Control devices). It is the policy of the Modesto Police Department (MPD) to utilize less lethal munitions and delivery systems only for official law enforcement purposes and in a manner pursuant to state law regarding the operation of motor vehicles.

Category 15- None
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1 ORDINANCE NO. ________

ORDINANCE APPROVING THE MODESTO POLICE DEPARTMENT MILITARY EQUIPMENT USE POLICY 710
WHEREAS, the Modesto Police Department is committed to using the most up-to-date tools and equipment to safeguard the residents of Modesto; and WHEREAS, Assembly Bill 481 (AB 481), codified at Government Code sections 7070 through 7075 requires a law enforcement agency to obtain approval from the applicable governing body, via adoption of a “military equipment” use policy by ordinance, prior to funding, acquiring, or using military equipment; and
WHEREAS, items deemed to be “military equipment” by AB 481 are used as a component of overall best practices for law enforcement agencies (LEAs) throughout the country; and WHEREAS, the term “military equipment”, as used in AB 481, in fact does not necessarily indicate equipment that has been used by the military; and WHEREAS, pursuant to AB 481, items deemed to be “military equipment” include, but are not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper balls, less lethal shotguns, less lethal 40mm projectile launchers, and flashbangs; and
WHEREAS, these items provide peace officers with the ability to safely resolve volatile situations which otherwise might rise to the level of a lethal force encounter; and WHEREAS, this policy outlines each item identified in Government Code section 7070, that is currently owned by MPD and the City of Modesto and also includes the current use and cost of each item; and
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2 WHEREAS, these particular items have been in place prior to the implementation of AB 481 and any future acquisitions of any item deemed to be “military equipment” will require policy update and Council approval.

NOW, THEREFORE, the City Council of the City of Modesto does ordain as follows:

SECTION 1. FINDINGS
The City Council of the City of Modesto finds that all of the above Recitals and within this Ordinance are true and correct and incorporated herein by reference. The City Council hereby approves the Modesto Police Department Military Equipment Use Policy 710, attached hereto.

SECTION 2. SEVERABILITY.

If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application any other person or circumstance. The City Council or the City of Modesto hereby declares that it would have adopted each section, sentence, clause, or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of this Ordinance be declared invalid, unenforceable or unconstitutional.

SECTION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) The City Council hereby finds that the adoption of this Ordinance is exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3) of the State CEQA Guidelines. Specifically, this Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment because it does not authorize the construction of any new structures or other physical changes to the environment.

SECTION 4. EFFECTIVE DATE.
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3 This Ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.

SECTION 5. PUBLICATION.

At least two (2) days prior to its final adoption, copies of this Ordinance shall be posted in at least three (3) prominent and distinct locations in the City; and a notice shall be published once in the Modesto Bee, the official newspaper of the City of Modesto, setting forth the title of this Ordinance, the date of its introduction and the places where this ordinance is posted.

The foregoing ordinance was introduced at a regular meeting of the Council of the City of Modesto held on the ____ day of May, 2022, by Council Member _________, who moved its introduction and passage to print, which motion being duly seconded by Council Member_____, was upon roll call carried and the ordinance adopted by the following vote:

AYES: Councilmembers:

NAYS: Councilmembers:

Absent: Councilmembers:

APPROVED:_________________________
SUE ZWAHLEN, Mayor
ATTEST:

BY: __________________________________
DANA SANCHEZ, Interim City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: __________________________________
JOSE M. SANCHEZ, City Attorney
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4 FINAL ADOPTION CLAUSE
The foregoing ordinance, having been published as required by the Charter of the City of Modesto, and coming on for final consideration at the regular meeting of the Council of the City of Modesto held on the _____ day of May , 2022, Councilmember ______________moved its final adoption, which motion being duly seconded by Councilmember ________________, was upon roll call carried and the ordinance adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:

SUE ZWAHLEN, MAYOR
ATTEST: ____________________________
DANA SANCHEZ, Interim City Clerk
Effective Date: _________________, 2022
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