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MODESTO CITY COUNCIL
www.modestogov.com
MINUTES
City of Modesto
CITY COUNCIL MEETING
Chambers, Basement Level
Tenth Street Place, 1010 10th Street
Modesto, California
Tuesday, October 10, 2023 at 5:30 PM
Roll Call - Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
Pledge of Allegiance to the Flag
Invocation: Lyn Crase, Emanuel Lutheran
City Clerk’s Announcements: None
Declaration of Conflicts of Interest: None
Reports from Closed Session: City Attorney Sanchez reported No Reportable Action was taken.
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. StanCOG Community Outreach for Unmet Transit Needs Process. (Funding Source:
Not Applicable)
CITY MANAGER; Joseph Lopez, 209-577-5223, [email protected] ACTION: Jean Foletta presented StanCOG Community Outreach for Unmet Transit Needs Process.
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MISCELLANEOUS
2. Consider reappointing Kayvon Banankhah, Lolamaya Evans, Jossfin Garza, Hamza Modan and Abigail Manzano, and appointing Saida Alvarez, Edith Hughes, Martin Montez, and Sabrina Toor to the Modesto Youth Commission for the 2023–2024 school year from October 11, 2023 through June 30, 2024. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution reappointing Kayvon Banankhah, Lolamaya Evans, Jossfin Garza, Hamza Modan and Abigail Manzano to the Modesto Youth Commission for the 2023–2024 school year from October 11, 2023 through June 30, 2024. Resolution appointing Saida Alvarez, Edith Hughes, Martin Montez, and Sabrina Toor to the Modesto Youth Commission for the 2023–2024 school year from October 11, 2023 through June 30, 2024.
CED; Laurie Smith, 209-577-5347, [email protected]
ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2023-438 reappointing Kayvon Banankhah, Lolamaya Evans, Jossfin Garza, Hamza Modan and Abigail Manzano to the Modesto Youth Commission for the 2023–2024 school year from October 11, 2023 through June 30, 2024.
ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2023-439 appointing Saida Alvarez, Edith Hughes, Martin Montez, and Sabrina Toor to the Modesto Youth Commission for the 2023–2024 school year from October 11, 2023 through June 30, 2024.
PUBLIC COMMENT PERIOD
James Costello, Modesto Citizens Action Group and Modesto Life Center stated that he wanted to congratulate City staff for their recent awards having to do with homelessness.
It’s a complex problem, and these are two efforts that help. He also spoke about safe sleeping sites and is hoping they will address this problem soon. Steve spoke about the hate speech made at the last meeting and the decision to eliminate commenting through Zoom. He referenced the action taken when proud boys spoke in the past. He spoke about the need for the public to participate in meetings through Zoom. Derek Castle commented on the homeless and the need to find alternatives for them.
There is a need to have safe camping in the most effective way possible. He further stated that safe alternative spaces are needed for shelter during extreme weather. Rebecca Harrington thanked the City for being a sponsor of the Dia De Los Muertos event. She provided details of the upcoming Dia De Los Muertos event that will be held on October 21, 2023 in Downtown Modesto.
Darlene Ruiz spoke about former Officer Lamantia and her concerns about him possibly being allowed to return to work based on the decision by the arbitrator. She asked how - 3 -
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the arbitrator could be allowed to make that decision. She also spoke about police unions and arbitrators and asked for accountability.
Ray Ruiz commented on the criminal charges against former Officer Lamantia being dropped and commented on the labor arbitrator and police union. Ramon Rodriguez spoke about the last Council meeting and the hate comments made by individuals participating via Zoom. He is disappointed in Zoom commenting being discontinued. Hatred has no place in the community.
Gladys Williams invited the public and Council to attend the free screening of a documentary entitled “Repairing the World: Stories from The Tree of Life” Sunday, Oct. 15th, at Brenden Theatres, 1021 10th St. She asked the public to visit the NAACP website for etickets.
Brittoni Chavez spoke about the shooting of Paul Chavez. She said there's still no accountability. She also spoke about the Community Police Review Board meetings.
She would like to see action and accountability.
Theresa Clutter spoke about the shooting of Paul Chavez. She asked for justice. She spoke about Zoom commenting being removed. She also spoke about former Officer Lamantia.
Jerry Thompson stated he participated in a meeting last week with the lowrider club and the Chief. He also commented that their club will be providing items for display at the Sacramento History Museum's “Boulevard Dreams” exhibit.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS 3-16: (Wright/Escutia-Braaton; 7/0)
CONSENT
Consent
3. Consider approving the minutes from the September 26, 2023 Council Meeting. (Funding Source: Not Applicable)
Motion approving the minutes from the September 26, 2023 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Motion approving the minutes from the September 26, 2023 Council Meeting.
Consent
4. Consider approving Final Adoption of Ordinance 3766-C.S. amending sections of Title 8, Chapter 3 of the Modesto Municipal Code to increase the City Manager’s authority for all Contracts and Purchase Orders from $50,000 to $100,000 for Goods/Services; increasing the City Manager’s authority for all Emergency Projects, Purchases and Services; increasing the Formal Bidding Authority from $50,000 to $100,000; - 4 -
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expanding the definition of Professional Services; and adding language to allow Electronic Bidding; and rescinding the first reading of the Ordinance approved by Council on July 11, 2023. (Funding Source: Not Applicable) Motion approving Final Adoption of Ordinance 3766-C.S. amending sections of Title 8, Chapter 3 of the Modesto Municipal Code to increase the City Manager’s authority for all Contracts and Purchase Orders from $50,000 to $100,000 for Goods/Services; increasing the City Manager’s authority for all Emergency Projects, Purchases and Services; increasing the Formal Bidding Authority from $50,000 to $100,000; expanding the definition of Professional Services; and adding language to allow Electronic Bidding; and rescinding the first reading of the Ordinance approved by Council on July 11, 2023.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Motion approving Final Adoption of Ordinance 3766-C.S. amending sections of Title 8, Chapter 3 of the Modesto Municipal Code to increase the City Manager’s authority for all Contracts and Purchase Orders from $50,000 to $100,000 for Goods/Services; increasing the City Manager’s authority for all Emergency Projects, Purchases and Services; increasing the Formal Bidding Authority from $50,000 to $100,000; expanding the definition of Professional Services; and adding language to allow Electronic Bidding; and rescinding the first reading of the Ordinance approved by Council on July 11, 2023.
Consent
5. Consider approving the recommended Budget Adjustments to Fiscal Year 2023-24 Annual Operating and Capital Improvement Program Budgets. (Funding Source:
Various Funds)
Resolution amending Fiscal Year 2023-24 Annual Operating and Capital Improvement Project Fund Budgets and authorizing the City Manager, to take the necessary steps to implement the provisions of this Resolution.
BUDGET; Steve Christensen, 209-577-5390, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2023-440 amending Fiscal Year 2023-24 Annual Operating and Capital Improvement Project Fund Budgets and authorizing the City Manager, to take the necessary steps to implement the provisions of this Resolution.
Consent
6. Consider approving a Will Serve Letter and an Outside Service Agreement between the City of Modesto and Dana Hargrove and Kwang Chon, husband and wife, to connect to the City of Modesto’s existing sewer system for the property located at 1613 Woodland Ave, (APN: 081-029-029) in an unincorporated area of Stanislaus County. (Funding Source: Sewer Fund, General Fund)
Resolution approving a Will Serve Letter and Outside Service Agreement between the City of Modesto and Dana Hargrove and Kwang Chon, husband and wife, to connect to the City of Modesto’s existing sewer system for the property located at 1613 Woodland Ave (APN: 081-029-029), in an - 5 -
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unincorporated area of Stanislaus County, and authorizing the City Manager, or his designee, to sign the Will Serve Letter and execute the Outside Service Agreement.
ENGINEERING SERVICES; Toby Wells, 209-571-5542, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2023-441 approving a Will Serve Letter and Outside Service Agreement between the City of Modesto and Dana Hargrove and Kwang Chon, husband and wife, to connect to the City of Modesto’s existing sewer system for the property located at 1613 Woodland Ave (APN: 081-029- 029), in an unincorporated area of Stanislaus County, and authorizing the City Manager, or his designee, to sign the Will Serve Letter and execute the Outside Service Agreement.
Consent
7. Consider approving an Agreement for Concrete Services with United Pavement Maintenance, Hughson, CA for a total amount not to exceed $2,350,000 for a one-year Agreement. (Funding Source: Measure H, Water Fund and General Fund) Resolution approving an Agreement with United Pavement Maintenance, Hughson, CA for a one-year Agreement for a total amount not to exceed $2,350,000; and authorizing the City Manager or his designee to execute the Agreement.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2023-442 approving an Agreement with United Pavement Maintenance, Hughson, CA for a one-year Agreement for a total amount not to exceed $2,350,000; and authorizing the City Manager or his designee to execute the Agreement.
Consent
8. Consider approving the Agreements for Rental Fleet Services with Herc Rentals, Modesto, California (CA), Holt of California, Salida, California and United Rentals, Modesto, California for a total amount not to exceed $2,000,000 over five years. (Funding Source: Various Funds)
Resolution approving the Agreements with Herc Rentals, Modesto, CA, Holt of California, Salida, CA, and United Rentals, Modesto, CA, by utilizing the Competitive Bid Process with OMNIA Partners and Sourcewell, for Rental Fleet Services for a one-year Agreement with four one-year extension options, for an annual estimated amount of $400,000 and a total amount not to exceed $2,000,000 over five years; and authorizing the City Manager or his designee to execute the Agreements.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2023-443 approving the Agreements with Herc Rentals, Modesto, CA, Holt of California, Salida, CA, and United Rentals, Modesto, CA, by utilizing the Competitive Bid Process with OMNIA Partners and Sourcewell, for Rental Fleet Services for a one-year Agreement with four - 6 -
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one-year extension options, for an annual estimated amount of $400,000 and a total amount not to exceed $2,000,000 over five years; and authorizing the City Manager or his designee to execute the Agreements.
Consent
9. Consider approving the First Amendment to the Purchasing Agreements with Ferguson Waterworks, Modesto CA, Iconix Waterworks, McClellan CA, and American AVK, Minden NV for Concrete Boxes, Covers, Valves, Hydrants and Fittings to a revised total amount not to exceed $8,700,000 over five years. (Funding Source: Water Fund) Resolution approving the First Amendment to the Purchasing Agreements with Ferguson Waterworks, Modesto, CA, Iconix Waterworks, McClellan, CA, and American AVK, Minden, NV for Concrete Boxes, Covers, Valves, Hydrants and Fittings increasing the annual estimated spending by $975,000 from $765,000 to a revised annual estimated amount of $1,740,000 and a revised total amount not to exceed $8,700,000 over five years; and authorizing the City Manager or his designee to execute the Amendments.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2023-444 approving the First Amendment to the Purchasing Agreements with Ferguson Waterworks, Modesto, CA, Iconix Waterworks, McClellan, CA, and American AVK, Minden, NV for Concrete Boxes, Covers, Valves, Hydrants and Fittings increasing the annual estimated spending by $975,000 from $765,000 to a revised annual estimated amount of $1,740,000 and a revised total amount not to exceed $8,700,000 over five years; and authorizing the City Manager or his designee to execute the Amendments.
Consent
10. Consider approving the Second Amendment for Fleet Tire Purchases with McCoy Truck Tire, Modesto, CA and Valley Tire, Modesto, CA to increase the Agreement to a revised total amount of $2,170,000. (Funding Source: Water Fund) Resolution approving the Second Amendment for Fleet Tire Purchases with McCoy Truck Tire, Modesto, CA and Valley Tire, Modesto, CA to increase the Agreement amount by $400,000 to a revised total amount of $2,170,000 through the Term of the Agreement and extending the Term Date from October 22, 2023, to October 22, 2024; and authorizing the City Manager or his designee to execute the Amendment.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2023-445 approving the Second Amendment for Fleet Tire Purchases with McCoy Truck Tire, Modesto, CA and Valley Tire, Modesto, CA to increase the Agreement amount by $400,000 to a revised total amount of $2,170,000 through the Term of the Agreement and extending the Term Date from October 22, 2023, to October 22, 2024; and authorizing the City Manager or his designee to execute the Amendment.
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Consent
11. Consider approving updated pricing for seven bid events for Fleet Additions and Replacement Vehicles by $381,773. (Funding Source: Fleet Replacement Fund, Police Grants and Traffic Safety)
Resolution approving an increase to the amount for the purchase of one LowProfile Dump Truck to Cobalt Truck, Las Vegas, NV by $2,556, increasing the Purchase Order from $115,932 to a new total amount not to exceed $118,488, and authorizing the Purchasing Manager, or her designee, to update the Purchase Order.
Resolution approving an increase to the amount for the purchase of two OneTon Extended Cab Trucks to Napa Ford, Napa, CA by $38,531, increasing the Purchase Order from $110,114 to a new total amount not to exceed $148,645, and authorizing the Purchasing Manager, or her designee, to update the Purchase Order.
Resolution approving an increase to the amount for the purchase of four OneTon Trucks to Napa Ford, Napa, CA by $84,050, increasing the Purchase Order from $188,429 to a new total amount not to exceed $272,479, and authorizing the Purchasing Manager, or her designee, to update the Purchase Order. Resolution approving an increase to the amount for the purchase of two Passenger Vans to Napa Ford, Napa, CA by $60,308, increasing the Purchase Order from $95,206 to a new total amount not to exceed $155,514, and authorizing the Purchasing Manager, or her designee, to update the Purchase Order.
Resolution approving an increase to the amount for the purchase of twelve Half-Ton Trucks to Penske Chevrolet, Cerritos, CA by $178,160, increasing the Purchase Order from $425,159 to a new total amount not to exceed $603,319, and authorizing the Purchasing Manager, or her designee, to update the Purchase Order.
Resolution approving an increase to the amount for the purchase of one Peterbilt Class 4-8 Chassis with related equipment with Interstate Truck Center dba Valley Peterbilt, Turlock, CA by $16,726, increasing the Purchase Order from $199,846 to a new total amount not to exceed $216,572, and authorizing the Purchasing Manager, or her designee, to update the Purchase Order. Resolution approving an increase to the amount for the purchase of four Forklifts with Cromer Material Handling, Pasadena, CA by $1,442, increasing the Purchase Order from $155,539 to a new total amount not to exceed $156,981, and authorizing the Purchasing Manager, or her designee, to update the Purchase Order.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2023-446 approving an increase to the amount for the purchase of one Low-Profile Dump Truck to Cobalt Truck, Las Vegas, NV by $2,556, increasing the Purchase Order from $115,932 to a new total amount not to exceed $118,488, and authorizing the Purchasing Manager, or her designee, to update the Purchase Order.
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ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2023-447 approving an increase to the amount for the purchase of two One-Ton Extended Cab Trucks to Napa Ford, Napa, CA by $38,531, increasing the Purchase Order from $110,114 to a new total amount not to exceed $148,645, and authorizing the Purchasing Manager, or her designee, to update the Purchase Order.
ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2023-448 approving an increase to the amount for the purchase of four One-Ton Trucks to Napa Ford, Napa, CA by $84,050, increasing the Purchase Order from $188,429 to a new total amount not to exceed $272,479, and authorizing the Purchasing Manager, or her designee, to update the Purchase Order.
ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2023-449 approving an increase to the amount for the purchase of two Passenger Vans to Napa Ford, Napa, CA by $60,308, increasing the Purchase Order from $95,206 to a new total amount not to exceed $155,514, and authorizing the Purchasing Manager, or her designee, to update the Purchase Order.
ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2023-450 approving an increase to the amount for the purchase of twelve Half-Ton Trucks to Penske Chevrolet, Cerritos, CA by $178,160, increasing the Purchase Order from $425,159 to a new total amount not to exceed $603,319, and authorizing the Purchasing Manager, or her designee, to update the Purchase Order.
ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2023-451 approving an increase to the amount for the purchase of one Peterbilt Class 4-8 Chassis with related equipment with Interstate Truck Center dba Valley Peterbilt, Turlock, CA by $16,726, increasing the Purchase Order from $199,846 to a new total amount not to exceed $216,572, and authorizing the Purchasing Manager, or her designee, to update the Purchase Order.
ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2023-452 approving an increase to the amount for the purchase of four Forklifts with Cromer Material Handling, Pasadena, CA by $1,442, increasing the Purchase Order from $155,539 to a new total amount not to exceed $156,981, and authorizing the Purchasing Manager, or her designee, to update the Purchase Order.
Consent
12. Consider a Memorandum of Agreement (MOA) between the Modesto Fire Department, Turlock Fire Department, Stanislaus Consolidated Fire Protection District and Cal Fire Tuolumne-Calaveras Unit, for participation in the Central Valley Incident Management Team. (Funding Source: Not Applicable)
Resolution approving a Memorandum of Agreement (MOA) between the Modesto Fire Department, Turlock Fire Department, Stanislaus Consolidated Fire Protection District and Cal Fire Tuolumne-Calaveras Unit, for participation in the Central Valley Incident Management Team and authorizing the City - 9 -
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Manager, or his designee, to execute the MOA.
FIRE DEPARTMENT; Kevin Wise, 209-572-9590, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2023-453 approving a Memorandum of Agreement (MOA) between the Modesto Fire Department, Turlock Fire Department, Stanislaus Consolidated Fire Protection District and Cal Fire Tuolumne-Calaveras Unit, for participation in the Central Valley Incident Management Team and authorizing the City Manager, or his designee, to execute the MOA.
Consent
13. Consider approving a Memorandum of Understanding (MOU) for Oversight of the Fire and Emergency Medical Services (EMS) Public Safety Programs between the City of Modesto and Yosemite Community College District for a five-year term, and an Instructional Service Agreement (ISA) between the Yosemite Community College District (on behalf of Modesto Junior College) and the City of Modesto for the provision of certain Instructional Services within the State of California. (Funding Source: General Fund)
Resolution approving a Memorandum of Understanding (MOU) for Oversight of the Fire and EMS Public Safety Programs between the City of Modesto and Yosemite Community College District, and an Instructional Service Agreement (ISA) between the Yosemite Community College District (on behalf of Modesto Junior College) and the City of Modesto for the provision of certain Instructional Services within the State of California and authorizing the City Manager, or his designee, to execute the Agreements.
FIRE DEPARTMENT; Kevin Wise, 209-572-9590, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2023-454 approving a Memorandum of Understanding (MOU) for Oversight of the Fire and EMS Public Safety Programs between the City of Modesto and Yosemite Community College District, and an Instructional Service Agreement (ISA) between the Yosemite Community College District (on behalf of Modesto Junior College) and the City of Modesto for the provision of certain Instructional Services within the State of California and authorizing the City Manager, or his designee, to execute the Agreements.
Consent
14. Consider approving Agreements for Tree Pruning and Removal Services with West Coast Arborists, Inc., Anaheim, CA; Greentek Services, LLC, Oroville, CA; and Rumble Tree, Inc., Modesto, CA in a total amount between all Agreements combined not to exceed $10,320,000 over five years. (Funding Source: Measure H and Various Other Funds)
Resolution approving Agreements for Tree Pruning and Removal Services with West Coast Arborists, Inc., Anaheim, CA; Greentek Services, LLC, Oroville, CA; and Rumble Tree, Inc., Modesto, CA in a total amount between all Agreements combined not to exceed $10,320,000 over five years and authorizing the City Manager, or his designee, to execute the Agreements. - 10 -
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Resolution amending the Fiscal Year 2023-24 Annual Operating Budget to appropriate unassigned Fiscal Year 2022-23 Measure H Fund carryover to increase the expenditure budget by $380,000 in the Public Works – Measure H – Community Forestry Cost Center (56041) in the Measure H Fund (0160) for the increase in the Tree Removal and Stump Grinding Services Agreement and authorizing the City Manager to take the necessary steps to implement the required budget adjustments.
PRN; Nathan Houx, 209-571-5526, [email protected]
ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2023-455 approving Agreements for Tree Pruning and Removal Services with West Coast Arborists, Inc., Anaheim, CA; Greentek Services, LLC, Oroville, CA; and Rumble Tree, Inc., Modesto, CA in a total amount between all Agreements combined not to exceed $10,320,000 over five years and authorizing the City Manager, or his designee, to execute the Agreements.
ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2023-456 amending the Fiscal Year 2023-24 Annual Operating Budget to appropriate unassigned Fiscal Year 2022-23 Measure H Fund carryover to increase the expenditure budget by $380,000 in the Public Works – Measure H – Community Forestry Cost Center (56041) in the Measure H Fund (0160) for the increase in the Tree Removal and Stump Grinding Services Agreement and authorizing the City Manager to take the necessary steps to implement the required budget adjustments.
Consent
15. Consider approving the Culture Commission’s nomination to make the Yellow-Billed Magpie the City Bird of Modesto. (Funding Source: Not Applicable) Resolution approving the Culture Commission’s nomination to make the Yellow-Billed Magpie the City Bird of Modesto.
PRN; Laurie Smith, 209-577-5347, [email protected]
ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2023-457 approving the Culture Commission’s nomination to make the Yellow-Billed Magpie the City Bird of Modesto.
Consent
16. Consider approving the Plans and Specifications for the Upgrade Traffic Signals 2019 Project with locations at Blue Gum Avenue at Carpenter Road, 12th Street at G Street, and, 17th at I Street, accepting the Bid, and Awarding a Contract to St. Francis Electric, LLC of San Leandro, CA in the amount of $1,561,400, and Change Orders up to the cumulative amount of $156,140 for a total amount not to exceed $1,717,540. (Funding Source: Congestion Mitigation and Air Quality) Resolution approving the Plans and Specifications for the Upgrade Traffic Signals 2019 Project, accepting the Bid, and Awarding a Contract to St. Francis Electric, LLC of San Leandro, CA, in the amount of $1,561,400, and Change Orders up to the cumulative amount of $156,140 for a total amount not exceed - 11 -
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$1,717,540, and authorizing the City Manager, or his designee, to execute the Agreement.
PUBLIC WORKS; Mark Murphy, 209-577-5431, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2023-458 approving the Plans and Specifications for the Upgrade Traffic Signals 2019 Project, accepting the Bid, and Awarding a Contract to St. Francis Electric, LLC of San Leandro, CA, in the amount of $1,561,400, and Change Orders up to the cumulative amount of $156,140 for a total amount not exceed $1,717,540, and authorizing the City Manager, or his designee, to execute the Agreement.
COUNCIL COMMENTS & REPORTS
Councilmember Bavaro spoke about the comments made at the last Council meeting and the comments made this evening about people saying that this Council did nothing about the hate speech. He wanted to provide facts that the Mayor showed strong leadership and properly addressed those who were using neo-Nazi hate speech. The Mayor showed leadership that Modesto is very proud of, and he stands with her. The Council did in fact denounce that hate speech at that meeting. If people would stick around maybe they would hear the comments made by the Council.
Councilmember Escutia-Braaton reported on recent activities. She along with Councilmember Williams and other individuals attended an El Concilio Dinner and Awards Night where they acknowledged the good work and exemplary leadership that many of the community members have demonstrated over the years. One of those honorees was Rebecca Harrington that is here this evening. She also reported on attending, along with fellow Councilmembers and the Mayor, the groundbreaking ceremony of the Modesto Temple of the Church of Jesus Christ of Latter-day Saints. She also acknowledged and condemned what is happening in Israel.
Council Member Wright commented that he was also saddened by the comments made over Zoom at the last Council meeting. It's sad to hear people talk about hate. He also stated that his heart goes out to the people in Israel and to that community. He also reported on attending the International Heritage Festival where different cultures came together and had a great time. All the different countries and the different flags were there, with different types of food, and the friendliness from all the cultures with each other made you realize how great Modesto is.
Vice Mayor Ricci stated that he wanted to express his strong support for members of the Jewish community in light of the attack on Yom Kippur that resulted in the murder and kidnaping of thousands of Israelis. The actions of Hamas are outrageous and unacceptable and ensuring the long-term health and safety of their diverse religious communities is critical. He also reported on the recent Dump Day held on September 30th at Enochs High School. If members of the public missed it, there will be another event as this will be held four times a year. He also reported on the process for bulky item pickup requests. He further spoke about homelessness and stated that they need to do something about homeless safe spaces and shelter right now. City parks, businesses and homeowners are sheltering the homeless. There's a lot more that the government - 12 -
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can do, and they have the responsibility to do it. He is looking forward to the upcoming Council workshop on homelessness.
Councilmember Williams commented he wanted to share his sentiments and condolences to the families in Israel that lost their lives this past weekend. He reported that this Friday night a prayer vigil will be held at Beth Shalom at 7 pm. He stated that he and Councilmember Bavaro plan to attend and Councilmember Williams was asked to say a few words. He also encouraged the public to attend the free screening of a documentary entitled “Repairing the World: Stories from The Tree of Life” Sunday, Oct. 15th, at Brenden Theatres. He along with Councilmember Escutia-Braaton and the Mayor attended groundbreaking ceremony of the Modesto Temple. He further reported on attending the International Festival.
Councilmember Alvarez stated that he wanted to highlight the intentional misinformation expressed here this evening about our Council not condemning hate speech. That sort of rhetoric intentionally incites fear and suspicion among the public and this sort of misleading information and comments presented here tonight as fact are flat out false. He wanted to underscore that every time that hate occurs in these chambers, they all condemn hate speech and racism and make decisions that are in the best interest and safety of the community, and they’ll continue to do so. He also acknowledged Indigenous Peoples Day which occurred yesterday. Indigenous Peoples Day is meant to recognize the painful history of Indigenous people who have faced hardships and to celebrate their communities.
Mayor Zwahlen stated she wanted to comment on some things that have already been mentioned regarding Israel and wanted everyone to be mindful of Ukraine, the Middle East and quite frankly, anywhere where people are suffering so needlessly throughout the world. They are constantly on her mind and her prayers daily. She also reported that the Modesto Children's Museum is open. It’s commonly called MoChiMu. It will be a delight for the community and especially for the children who are the future. She also reported that Leo the Lion is back on the Virginia trail for everyone to enjoy. She attended the Out of Darkness Suicide Walk Prevention.
In addition, she asked the public to please drive by the murals downtown behind the MoChiMu between 10th and 11th Street and also the one right across the street where there's sunflowers. If you need something to brighten your day, that will do it. She further stated that they are on this Council to meet those challenges head on and she couldn't be prouder to be on this Council with people that are hardworking and truly care about this community.
CITY MANAGER COMMENTS & REPORTS
City Manager Lopez reported that a Special City Council Workshop on Homelessness will be held on Friday, October 20th from 9 am – 12 pm at the Centre Plaza.
MATTERS TOO LATE FOR THE AGENDA
None.
ADJOURNMENT
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This meeting adjourned at 6:45 pm
Closed Session matter heard prior to the meeting.
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Two Cases (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: City of Modesto, et al. v. The Dow Chemical Company, et al. (PCE) Superior Court of the State of California
Case No: CGC-98-999345 and CGC-98-999643
Perkins v. City of Modesto, et al.
United States District Court
Attest:____________________________
Diane Nayares-Perez, City Clerk