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MODESTO CITY COUNCIL
www.modestogov.com
MINUTES
City of Modesto
JOINT CITY COUNCIL AND
REDEVELOPMENT SUCCESSOR AGENCY MEETING
Chambers, Basement Level
Tenth Street Place, 1010 10th Street
Modesto, California
Tuesday, August 27, 2024 at 5:30 PM
Roll Call – Present: Council/Agency Members Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
Pledge of Allegiance to the Flag
Invocation: Cindy Marks, Pray Modesto
City Clerk’s Announcements
Declaration of Conflicts of Interest: None.
Reports from Closed Session: No reportable action.
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Proclamation declaring September 8th - 14th as National Suicide Prevention Week. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]
ACTION: Mayor Zwahlen presented proclamation declaring September 8th - 14th as National Suicide Prevention Week.
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PUBLIC COMMENT IN PERSON
Francis O'Brien spoke regarding the Kaiser Medical facility in Fleur de Ville, which was originally promised as a low-key, three-story hospital but has grown into a large medical campus with multiple buildings. He expressed concern over recent construction disruptions and claimed Kaiser has not fulfilled their promises, including not meeting review requirements since 2011 and failing to build as initially planned.
He also noted that Kaiser has purchased other hospitals in nearby cities and questioned their commitment to Modesto. O'Brien suggested the City Council should review Kaiser’s progress and ensure they adhere to their agreements. David Stevens addressed the Council about their denial to address traffic and safety issues on his street. He recapped that his initial, simple request was to slow down or restrict commercial traffic on a short block to ensure children's safety. Despite several months of efforts and a meeting with the Mayor, the Council ultimately denied the request, citing a resolution signed 20 years ago. Stevens argued that conditions have changed significantly since then and that resolutions should adapt to current needs. He criticized the Council for not addressing the issue and expressed frustration over their inaction.
Micah Dizney addressed the Council concerning commercial development on his street. Four months earlier, he and his neighbors had requested action but felt their concerns were dismissed with unreasonable excuses. Dizney criticized the resolution's effectiveness, noting issues with a gate intended to restrict traffic. He expressed frustration that the Council had not enforced compliance with property owners and criticized their inaction. Although he appreciated the Mayor's and Allison's help, he urged the Council to take meaningful action to ensure the safety of children on his street and not simply offer denials.
Carson Dizney, a 16-year-old resident of Water Street in Modesto, shared his perspective on the safety issues his family has faced. Over the past four years, he has walked frequently to various activities and experienced numerous near misses with vehicles on his own dead-end street. Despite his vigilance, he expressed concern for younger children who might not be as visible to drivers. Carson urged the Council to consider the safety of the children on his street, echoing his father's earlier points, and thanked them for their time.
Diane Kroeze addressed the Council about the Gospel Mission's efforts to house more homeless women and children, emphasizing that while this was a positive step, it did not fully meet the community's needs. She expressed concern that resources and coordination with the Salvation Army had been reduced, leading to fewer beds and less support for the homeless. Kroeze criticized recent decisions on homeless services, such as rejecting safe camping and warehouse options, and questioned the effectiveness of current policies. She highlighted the inhumane conditions faced by the homeless and urged the Council to consider the real impact of their decisions. - 3 -
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Sebastian Jones addressed the Council, expressing frustration over recent accusations and the need to clear his name as a community activist. He denied claims of inappropriate behavior, emphasizing his commitment to peace and respect. Jones also reiterated his longstanding efforts to honor Dr. Martin Luther King Jr. by advocating for the renaming of a building in Modesto. He criticized the Council for not responding to his concerns and expressed determination to see the building properly named after Dr. King. Jones requested the Council to address these issues and respect the truth of his activism.
Zafir Solomon addressed the Council, expressing frustration over the lack of progress in addressing homelessness. He mentioned seeing news about a California Senate Bill offering $150,000 to home buyers, including undocumented individuals, and questioned why similar support couldn’t be used to address homelessness. Solomon criticized the local approach to handling homeless individuals, noting that they were frequently moved around without proper solutions. He highlighted the mental health challenges many faced and criticized the ineffective enforcement measures, such as fines and jail time. Solomon urged the Council to use common sense and take meaningful action to address homelessness in Modesto, drawing from his own experience maintaining a clean business in South Modesto. Emerson Drake addressed the Council, expressing dissatisfaction with the handling of housing issues in Modesto. He criticized the recent approval of 527 new homes, which he noted were priced significantly higher than initially advertised. Drake highlighted a past practice of requiring affordable housing in large developments, which he felt was missing from current plans. He warned against creating low-cost housing areas that could become problematic, drawing on negative experiences from other cities like Chicago. Drake also recalled past issues with local camping ordinances, which he felt were overly restrictive. He urged the Council to prioritize affordable housing and enforce requirements for developers to include it in their projects. Loretta Carhart spoke about her concerns regarding property lines and construction in her neighborhood. She requested information on the property lines for alleys between Needham and Alice, and the 100 block of Hackberry. Carhart expressed frustration over seeing people build on property lines despite regulations that require a five-foot setback. She felt that those with financial resources were able to bypass these rules. She sought assistance in resolving these issues and requested to be directed to the appropriate contact for further help.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS: 2-4, 7-9, 12, 15-16 (Williams/Wright; 7/0)
CONSENT
Consent
2. Consider approving the minutes for the August 13, 2024 Council Meeting. (Funding Source: Not Applicable)
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Motion approving the minutes for the August 13, 2024 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Williams/Wright; 7/0) Motion approving the minutes for the August 13, 2024 Council Meeting.
Consent
3. Consider approving the minutes from the January 11, 2022 Redevelopment Successor Agency meeting. (Funding Source: Not Applicable)
Motion approving the minutes from the January 11, 2022 Redevelopment Successor Agency meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Williams/Wright; 7/0) Motion approving the minutes from the January 11, 2022 Redevelopment Successor Agency meeting.
Consent
4. Consider approving Final Adoption of Ordinance 3783-C.S. amending Planned Development Zone P-D(470) to change the allowable uses to allow certain Highway Commercial (C-3) uses for property located at 1101 N. Carpenter Road (APN: 081- 052-045). (Funding Source: Not Applicable)
Motion approving Final Adoption of Ordinance 3783-C.S. amending Planned Development Zone P-D(470) to change the allowable uses to allow certain Highway Commercial (C-3) uses for property located at 1101 N. Carpenter Road (APN: 081-052-045).
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Williams/Wright; 7/0) Motion approving Final Adoption of Ordinance 3783-C.S. amending Planned Development Zone P-D(470) to change the allowable uses to allow certain Highway Commercial (C-3) uses for property located at 1101 N.
Carpenter Road (APN: 081-052-045).
Removed from Consent
5. Consider approving a Modesto Forward Grant Agreement with Valley First Credit Union for two revolving loan fund programs — “Business Beautification” and “Business Incentives,” not to exceed $500,000 for each program over two and a half years. (Funding Source: American Rescue Plan Act Funds) Resolution approving a Modesto Forward Grant Agreement with the Valley First Credit Union, to Main Street Business Development Loan Program, for a total amount not to exceed $500,000, and authorizing the City Manager or his designee to execute the Agreement.
Resolution approving a Modesto Forward Grant Agreement with the Valley First Credit Union, to Main Street Business Beautification, for a total amount not to exceed $500,000, and authorizing the City Manager or his designee to execute the Agreement.
CED; Trevin Barber, 209-571-5566, [email protected] - 5 -
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ACTION: (Escutia-Braaton/Alvarez; 7/0) Resolution 2024-295 approving a Modesto Forward Grant Agreement with the Valley First Credit Union, to Main Street Business Development Loan Program, for a total amount not to exceed $500,000, and authorizing the City Manager or his designee to execute the Agreement.
ACTION: (Escutia-Braaton/Alvarez; 7/0) Resolution 2024-296 approving a Modesto Forward Grant Agreement with the Valley First Credit Union, to Main Street Business Beautification, for a total amount not to exceed $500,000, and authorizing the City Manager or his designee to execute the Agreement.
Removed from Consent
6. Consider approving a Will Serve Letter and Outside Service Agreement with Sunrise MHC, LLC a California Limited Liability Company, to connect to the City of Modesto’s existing water system for the property located at 433 S 7th Street (APN:
038-003-015). (Funding Source: Water Fund)
Resolution approving a Will Serve Letter and Outside Service Agreement between the City of Modesto and Sunrise MHC, LLC a California Limited Liability Company, to connect to the City of Modesto’s existing water system for the property located at 433 S 7th Street (APN: 038-003-015) and authorizing the City Manager, or his designee, to the sign the Will Serve Letter and execute the Outside Service Agreement.
ENGINEERING SERVICES; Jaspreet Mangat, 209-577-5253,
[email protected]
ACTION: (Alvarez/Ricci; 7/0) Resolution 2024-297 approving a Will Serve Letter and Outside Service Agreement between the City of Modesto and Sunrise MHC, LLC a California Limited Liability Company, to connect to the City of Modesto’s existing water system for the property located at 433 S 7th Street (APN: 038-003-015) and authorizing the City Manager, or his designee, to the sign the Will Serve Letter and execute the Outside Service Agreement.
Consent
7. Consider authorizing submittal of a Grant Application for Highway Safety Improvement Program (HSIP) funds. (Funding Source: California Department of Transportation Grant Funds)
Resolution authorizing submittal of a Grant Application for Highway Safety Improvement Program (HSIP) funds, and authorizing the City Manager, or his designee to execute all necessary grant documents.
ENGINEERING SERVICES; Michael Sacuskie, 209-571-5552,
[email protected]
ACTION: (Williams/Wright; 7/0) Resolution 2024-298 authorizing submittal of a Grant Application for Highway Safety Improvement Program (HSIP) funds, and authorizing the City Manager, or his designee to execute all necessary grant documents.
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Consent
8. Consider accepting an Informational Report on the May and June 2024 Grant Applications and Awards. (Funding Source: Not Applicable) Motion accepting an Informational Report for May and June 2024 Grant Applications and Awards.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Williams/Wright; 7/0) Motion accepting an Informational Report for May and June 2024 Grant Applications and Awards.
Consent
9. Consider accepting an Informational Report for the July 2024 Accounts Payable Payment Register and Void Report. (Funding Source: Not Applicable) Motion accepting an Informational Report for the July 2024 Accounts Payable Payment Register and Void Report.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Williams/Wright; 7/0) Motion accepting an Informational Report for the July 2024 Accounts Payable Payment Register and Void Report.
Removed from Consent
10. Consider approving the purchase of various Fleet Addition and Replacements for Fleet Vehicles which includes six Police Motorcycles, two F250 Super Duty Trucks, and one John Deer Wheel Loader in the amount not to exceed $839,849. (Funding Source: Fleet Replacement Fund, Senate Bill 1383 Grant and Compost Fund) Resolution approving the Competitive Bidding Process from Sourcewell to Pape Machinery, French Camp, CA for the purchase of one John Deere Wheel Loader for an amount not to exceed $406,110; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any Change Orders not to exceed 15% of the total purchase price.
Resolution approving the Competitive Bidding Process from the Florida Sheriffs Association to Alligator Alley Harley Davidson, Sunrise FL for the purchase of six Police Motorcycles for an amount not to exceed $195,605; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any Change Orders not to exceed 15% of the total purchase price. Resolution approving the Competitive Bidding Process from Texas Association of School Boards to Rush Truck Center, Ceres, CA for the purchase of two F250 Super Duty Trucks for an amount not to exceed $128,585; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any Change Orders not to exceed 15% of the total purchase price.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] - 7 -
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ACTION: (Williams/Escutia-Braaton; 7/0) Resolution 2024-299 approving the Competitive Bidding Process from Sourcewell to Pape Machinery, French Camp, CA for the purchase of one John Deere Wheel Loader for an amount not to exceed $406,110; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any Change Orders not to exceed 15% of the total purchase price.
ACTION: (Bavaro/Zwahlen; 7/0) Resolution 2024-300 approving the Competitive Bidding Process from the Florida Sheriffs Association to Alligator Alley Harley Davidson, Sunrise FL for the purchase of six Police Motorcycles for an amount not to exceed $195,605; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any Change Orders not to exceed 15% of the total purchase price.
ACTION: (Wright/Williams; 7/0) Resolution 2024-301 approving the Competitive Bidding Process from Texas Association of School Boards to Rush Truck Center, Ceres, CA for the purchase of two F250 Super Duty Trucks for an amount not to exceed $128,585; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any Change Orders not to exceed 15% of the total purchase price.
Removed from Consent
11. Consider approving the Plans and Specifications for the 2023 Playground Replacement Project, Phase 1, accepting the Bid and Awarding a Construction Contract to Sierra Play Partners, of Ripon, CA, in an amount not to exceed $758,533. (Funding Source:
Measure H)
Resolution approving the Plans and Specifications for the 2023 Playground Replacement Phase 1 Project, accepting the Bid and Awarding a Construction Contract to Sierra Play Partners of Ripon, CA, in the amount of $689,575, plus $68,958, in contingency (if needed), for a total payment amount not to exceed $758,533 and authorizing the City Manager, or his designee, to execute the contract.
PRN; Nathan Houx, 209-571-5526, [email protected]
ACTION: (Wright/Escutia-Braaton; 6/1; Noes Ricci) Resolution 2024-302 approving the Plans and Specifications for the 2023 Playground Replacement Phase 1 Project, accepting the Bid and Awarding a Construction Contract to Sierra Play Partners of Ripon, CA, in the amount of $689,575, plus $68,958, in contingency (if needed), for a total payment amount not to exceed $758,533 and authorizing the City Manager, or his designee, to execute the contract.
Consent
12. Consider approving the Plans and Specifications for the 2024 Sport Court Lighting Project for Davis Community Park and Beyer Community Park, accepting the Bid and Awarding a Construction Contract to Fluoresco Services, LLC, of Phoenix, AZ, in an amount not to exceed $113,850. (Funding Source: Measure H) - 8 -
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Resolution approving the Plans and Specifications for the 2024 Sport Court Lighting Project for Davis Community Park and Beyer Community Park, accepting the Bid and Awarding a Construction Contract to Fluoresco Services, LLC, of Phoenix, AZ, in the amount of $103,500, plus $10,350, in contingency (if needed), for a total payment amount not to exceed $113,850 and authorizing the City Manager, or his designee, to execute the contract.
PRN; Nathan Houx, 209-571-5526, [email protected]
ACTION: (Williams/Wright; 7/0) Resolution 2024-303 approving the Plans and Specifications for the 2024 Sport Court Lighting Project for Davis Community Park and Beyer Community Park, accepting the Bid and Awarding a Construction Contract to Fluoresco Services, LLC, of Phoenix, AZ, in the amount of $103,500, plus $10,350, in contingency (if needed), for a total payment amount not to exceed $113,850 and authorizing the City Manager, or his designee, to execute the contract.
Removed from Consent
13. Consider approving the City of Modesto Pandemic Recovery Strategy – Modesto Forward Grant Agreement between the City of Modesto and the Graffiti USA Classic Car Museum, a non-profit Corporation, for $350,000 in American Rescue Plan Act Funding. (Funding Source: American Rescue Plan Act)
Resolution approving the City of Modesto Pandemic Recovery Strategy – Modesto Forward Grant Agreement between the City of Modesto and the Graffiti USA Classic Car Museum for $350,000 in American Rescue Plan Act Funding, and authorizing the City Manager, or designee, to execute the Agreement.
PRN; Diane Sheatsley, 209-577-5418, [email protected] ACTION: (Ricci/Williams; 7/0) Resolution 2024-304 approving the City of Modesto Pandemic Recovery Strategy – Modesto Forward Grant Agreement between the City of Modesto and the Graffiti USA Classic Car Museum for $350,000 in American Rescue Plan Act Funding, and authorizing the City Manager, or designee, to execute the Agreement.
Removed from Consent
14. Consider approving an Agreement for Landscape Maintenance, Weed Abatement, Trash Removal and Rodent Control Services to Grover Landscape Services, Inc., Modesto, CA, for a total amount not to exceed $1,030,347 over five years. (Funding Source: Sewer Operations Fund, Storm Drain Fund, and Various Community Facilities Districts (CFD) Funds)
Resolution approving the Award of Bid and Agreement for the Landscape Maintenance, Weed Abatement, Trash Removal, and Rodent Control Services to Grover Landscape Service, Inc., Modesto, CA, for a two-year Agreement with three one-year extension options, for an annual estimated amount of $187,000 and a total amount not to exceed $1,030,347 over five years; and authorizing the City Manager, or his designee, to execute the Agreement.
UTILITIES; Jeff Daniels, 209-577-6255, [email protected] - 9 -
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ACTION: (Wright/Ricci; 7/0) Resolution 2024-305 approving the Award of Bid and Agreement for the Landscape Maintenance, Weed Abatement, Trash Removal, and Rodent Control Services to Grover Landscape Service, Inc., Modesto, CA, for a twoyear Agreement with three one-year extension options, for an annual estimated amount of $187,000 and a total amount not to exceed $1,030,347 over five years; and authorizing the City Manager, or his designee, to execute the Agreement.
Consent
15. Consider approving the Agreements for Generator Repair and Preventative Maintenance Service with Bay City Electric Works of Livermore, CA, and PowerGen, Inc. of Tracy, CA, for a total amount not to exceed $1,214,800 over five years. (Funding Source: Various Funds)
Resolution approving the Award of Bid and Agreements for Generator Repair and Preventative Maintenance Service to Bay City Electric Works of Livermore, CA and PowerGen Inc., of Tracy, CA, for a two-year Agreement with three one-year extension options, for a total amount not to exceed $1,214,800 over five years; and authorizing the Director of Finance to adjust agreement totals between vendors based on contractor’s availability and department’s needs, ensuring the combined total amount does not change and authorizing the City Manager, or his designee to execute the Agreement.
UTILITIES; Manuel Martinez, 209-342-4592, [email protected] ACTION: (Williams/Wright; 7/0) Resolution 2024-306 approving the Award of Bid and Agreements for Generator Repair and Preventative Maintenance Service to Bay City Electric Works of Livermore, CA and PowerGen Inc., of Tracy, CA, for a twoyear Agreement with three one-year extension options, for a total amount not to exceed $1,214,800 over five years; and authorizing the Director of Finance to adjust agreement totals between vendors based on contractor’s availability and department’s needs, ensuring the combined total amount does not change and authorizing the City Manager, or his designee to execute the Agreement.
Consent
16. Consider approving a Purchasing Agreement with West Coast Sand and Gravel, Inc. of Buena Park, CA, for the purchase of rock, sand, and gravel for a total amount not to exceed $3,920,700 over five years. (Funding Source: Various Funds) Resolution approving the Award of Bid and Purchasing Agreement to West Coast Sand and Gravel, Inc. of Buena Park, CA, for the purchase of rock, sand and gravel for a two-year Agreement with three one-year extension options, for an estimated annual amount of $712,000 and a total amount not to exceed $3,920,700 over five years; and authorizing the Director of Finance or her designee to execute the Agreement.
UTILITIES; Manuel Martinez, 209-342-4592, [email protected] ACTION: (Williams/Wright; 7/0) Resolution 2024-307 approving the Award of Bid and Purchasing Agreement to West Coast Sand and Gravel, Inc. of Buena Park, CA, - 10 -
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for the purchase of rock, sand and gravel for a two-year Agreement with three one-year extension options, for an estimated annual amount of $712,000 and a total amount not to exceed $3,920,700 over five years; and authorizing the Director of Finance or her designee to execute the Agreement.
COUNCIL COMMENTS & REPORTS
Councilmember Escutia-Braaton expressed gratitude to the Mayor and noted that the agenda for the evening contained many positive items. Escutia-Braaton expressed appreciation that the agenda supported a vibrant economy, particularly highlighting consent item number five, which provided loans for small businesses considered the backbone of a strong economy in Modesto. Escutia-Braaton was also pleased about the upcoming vote on extending the negotiation period with the Baseball Club of Modesto, which would allow the Modesto Nuts to remain at John Thurman Field through 2025, further contributing to the local economy. Additionally, Escutia-Braaton shared that she attended the opening of a new business in the downtown area the previous week, a dynamic family-run business at the Grub Hub on the corner of Eighth and I Street. This generational business was praised as a great concept that supports Modesto's vibrant community. Escutia-Braaton concluded by stating that all these efforts contribute to making Modesto a great place to live and thanked the Mayor and Council.
Councilmember Williams took a moment to acknowledge a personal milestone—his 38th wedding anniversary. He thanked his wife, Nancy Williams. Williams proudly stated that they have the best-looking kids and grandchildren in town, attributing their successful marriage to having God in their lives.
Councilmember Wright reported on the City's July efforts to address homelessness. The Downtown Street Team, made up of 80 to 90 homeless individuals, collected over 23,000 pounds of trash. Three team members found housing, and three gained full-time jobs. The Salvation Army Day Center provided services to 150 people, while the Berberian Shelter assisted 270 individuals, leading to several housing placements and reunions. The Safe Parking program and Modesto Gospel Mission supported numerous homeless individuals, including women and children, with essential services. Wright thanked the organizations involved for their ongoing support.
Councilmember Ricci congratulated Councilmember Williams on his anniversary, and then went on to address homelessness, praising the Downtown Streets Team for their impressive housing retention rates. Ricci highlighted the importance of helping people not just get off the streets but also reintegrate into society. He also raised concerns about the growing feral cat problem, suggesting the need for a more organized approach, such as spaying and neutering programs or adoption initiatives. Lastly, Ricci discussed the City's forestry efforts, emphasizing the need for a more aggressive tree replanting plan to maintain Modesto's urban forest, which he noted is crucial for improving health outcomes.
Vice Mayor Alvarez took the opportunity to remind the public about the Rental Housing Safety Program, which addresses complaints of substandard rental housing, such as pest - 11 -
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infestations, mold, and absentee landlords. Alvarez highlighted the program's goal of ensuring the safety and well-being of residents through a collaborative effort between the City Council, tenant advocacy groups, and community stakeholders. He also provided an update on the ongoing construction on the Paradise corridor, funded by a $3.5 million state grant. The project includes new roundabouts, a median for left turns, improved bike lanes, more visible crosswalks, and pavement replacement, all aimed at making the area safer for pedestrians and cyclists.
Mayor Zwahlen shared a few brief comments. She mentioned meeting with ten Japanese students visiting from Modesto's sister city, Kurume, Japan, noting how much they enjoyed their visit and praised Modesto for its cleanliness. One student, in particular, expressed a love for American hamburgers. Additionally, the Mayor provided an update on the construction of the Lathrop Y, a key step in bringing a train connection to Modesto that will link the city with Sacramento and the Bay Area. She described the project as massive and exciting, particularly the work on alternative construction to facilitate water ways.
CITY MANAGER COMMENTS & REPORTS
None.
UNFINISHED BUSINESS
17. Consider approving a First Amendment to the Lease Agreement with The Baseball Club of Modesto, LLC to lease John Thurman Field through September 30, 2025, and authorizing the City Manager, or his designee, to finalize the language of the agreement pursuant to the negotiated terms and execute the Amendment. (Funding Source: Capital Improvement Project (CIP) 101019/General Fund) Resolution approving a First Amendment to the Lease Agreement with The Baseball Club of Modesto, LLC to lease the John Thurman Field facility through September 30, 2025, and authorizing the City Manager, or his designee, to finalize the language of the amendment pursuant to the negotiated terms and execute the Agreement.
CITY MANAGER; Joseph Lopez, 209-577-5223, [email protected] ACTION: (Alvarez/Escutia-Braaton; 7/0) Resolution 2024-308 approving a First Amendment to the Lease Agreement with The Baseball Club of Modesto, LLC to lease the John Thurman Field facility through September 30, 2025, and authorizing the City Manager, or his designee, to finalize the language of the amendment pursuant to the negotiated terms and execute the Agreement.
NEW BUSINESS
18. Consider declaring certain properties owned by the City and Successor Agency as “surplus land” and authorizing the City Manager and the Executive Director of the Successor Agency to take all actions required to facilitate the sale or lease of such properties through the Surplus Land Act process. (Funding Source: Not Applicable) - 12 -
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Resolution declaring specified City owned properties as surplus land, authorizing the City Manager to determine which properties may be declared exempt surplus land, and authorizing the City Manager to negotiate for the conveyance of such properties in accordance with the Surplus Land Act. Resolution declaring specified Successor Agency owned properties as surplus land, authorizing the Executive Director of the Successor Agency to determine which properties may be declared exempt surplus land, and authorizing the Executive Director of the Successor Agency to negotiate for the conveyance of such properties in accordance with the Surplus Land Act.
CITY MANAGER; Scotty Douglass, 209-577-9149, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2024-309 declaring specified City owned properties as surplus land, authorizing the City Manager to determine which properties may be declared exempt surplus land, and authorizing the City Manager to negotiate for the conveyance of such properties in accordance with the Surplus Land Act.
ACTION: (Williams/Wright; 7/0) Resolution 001-2024 declaring specified Successor Agency owned properties as surplus land, authorizing the Executive Director of the Successor Agency to determine which properties may be declared exempt surplus land, and authorizing the Executive Director of the Successor Agency to negotiate for the conveyance of such properties in accordance with the Surplus Land Act.
MATTERS TOO LATE FOR THE AGENDA
None.
ADJOURNMENT
This meeting adjourned at 9:31 p.m.
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All Closed Session matters heard prior to the meeting.
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
One Case (Pursuant to Section 54956.9(d)(2) of the Government Code)
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(a) of the Government Code) Name of case(s): Marvin Cain v. City of Modesto
California Workers Compensation Appeals Board
Nos. ADJ17374007 & ADJ17548128
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
One Case (Pursuant to Section 54956.9(d)(4) of the Government Code) CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Five Cases (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: Baljit Athwal, et al. v. Stanislaus County et al.
United States Eastern District
Case No.: 1:15-CV-00311
Georgia DeFilippo, et al. v. Stanislaus County et al.
United States Eastern District
Case No.: 1:18-CV-00496
Frank Carson v. Stanislaus County et al.
United States Eastern District
Case No.: 2:20-AT-00513
Eduardo Quintanar, Jr. v. Stanislaus County et al.
United States Eastern District
Case No.: 1:18-CV-01402
Walter W. Wells & Scott McFarlane v. Stanislaus County et al.
United States Eastern District
Case No.: 1:20-CV-00770
Attest:____________________________
Diane Nayares-Perez, City Clerk