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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 08, 2024 at 5:30 PM
Roll Call – Present: Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
Pledge of Allegiance to the Flag
Invocation: Dave White, Church of Jesus Christ of Latter-day Saints City Clerk’s Announcements: None
Declaration of Conflicts of Interest: None.
Reports from Closed Session: No reportable action.
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Poet Laureate Reading by Angela Drew. (Funding Source: Not Applicable) PRN; Diane Sheatsley, 209-577-5418, [email protected] ACTION: Poet Laureate Reading by Angela Drew.
2. Proclamation declaring October 6th - 12th as National Fire Prevention Week. (Funding Source: Not Applicable)
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: Mayor Zwahlen presented proclamation declaring October 6th - 12th as National Fire Prevention Week.
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3. Proclamation declaring October 5th - 13th as California Water Professionals Appreciation Week and October 17th as Imagine a Day Without Water. (Funding Source: Not Applicable)
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: Mayor Zwahlen presented a proclamation declaring October 5th - 13th as California Water Professionals Appreciation Week and October 17th as Imagine a Day Without Water.
MISCELLANEOUS
4. Consider approving the appointment of Lynn Dickerson for the vacant District 1 seat of the City of Modesto Measure H Oversight Board beginning October 8, 2024, to serve their respective term. (Funding Source: Not Applicable) Staff Recommendation:
Resolution approving the appointment of Lynn Dickerson to the vacant District 1 seat of the City of Modesto Measure H Oversight Board beginning October 8, 2024, to serve their respective term.
BUDGET; Stephan Christensen, 209-577-5390, [email protected] ACTION: (Escutia-Braaton/Alvarez; 7/0) Resolution 2024-358 approving the appointment of Lynn Dickerson to the vacant District 1 seat of the City of Modesto Measure H Oversight Board beginning October 8, 2024, to serve their respective term.
5. Consider accepting the resignation of Jose Vazquez from the Planning Commission. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution accepting the resignation of Jose Vazquez from the City of Modesto Planning Commission.
CED; Jessica Hill, 209-577-5267, [email protected]
ACTION: (Wright/Williams; 7/0) Resolution 2024-359 accepting the resignation of Jose Vazquez from the City of Modesto Planning Commission.
6. Consider approving the appointments of Bonnie Acree to the City of Modesto Landmark Preservation Commission with a partial term expiring December 31, 2024, Mark Farrish to the City of Modesto Landmark Preservation Commission with a partial term expiring December 31, 2025, and Naramsen Goriel to the City of Modesto Landmark Preservation Commission with a term ending December 31, 2027. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution approving the appointment of Bonnie Acree to the Landmark Preservation Commission, with a term expiration of December 31, 2024. Resolution approving the appointment of Mark Farrish to the Landmark Preservation Commission with a partial term expiration of December 31, 2025. - 3 -
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Resolution approving the appointment of Naramsen Goriel to the Landmark Preservation Commission with a term expiring December 31, 2027.
CED; Jessica Hill, 209-577-5267, [email protected]
ACTION: (Escutia-Braaton/Alvarez; 7/0) Resolution 2024-360 approving the appointment of Bonnie Acree to the Landmark Preservation Commission, with a term expiration of December 31, 2024.
ACTION: (Escutia-Braaton/Alvarez; 7/0) Resolution 2024-361 approving the appointment of Mark Farrish to the Landmark Preservation Commission with a partial term expiration of December 31, 2025.
ACTION: (Escutia-Braaton/Alvarez; 7/0) Resolution 2024-362 approving the appointment of Naramsen Goriel to the Landmark Preservation Commission with a term expiring December 31, 2027.
7. Consider approving the appointments of Diane Kroeze and Matthew Holbrook to the Measure L Citizen’s Transportation Sales Tax Commission for a four-year term from October 8, 2024 to June 30, 2028. (Funding Source: Not Applicable) Staff Recommendation:
Resolution approving the appointments of Diane Kroeze and Matthew Holbrook to the Measure L Citizen’s Transportation Sales Tax Commission for a four-year term from October 8, 2024 to June 30, 2028.
ENGINEERING SERVICES; Toby Wells, 209-571-5542, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2024-363 approving the appointments of Diane Kroeze and Matthew Holbrook to the Measure L Citizen’s Transportation Sales Tax Commission for a four-year term from October 8, 2024 to June 30, 2028.
8. Consider approving the appointments of Izzy Altadonna, Myra Belkahla, Julianna Garcia, Gulsan Grewal, Ibrahim Khan, Henry Kinzie, Hasan Modan, Benjamin Parke, Rudra Patel, Neha Prabhakar, and Valentina Zeff to the Modesto Youth Commission for a two-year term from October 9, 2024, to August 31, 2026. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution approving the appointments of Izzy Altadonna, Myra Belkahla, Julianna Garcia, Gulsan Grewal, Ibrahim Khan, Henry Kinzie, Hasan Modan, Benjamin Parke, Rudra Patel, Neha Prabhakar, and Valentina Zeff to the Modesto Youth Commission for a two-year term from October 9, 2024, to August 31, 2026.
PRN; John Skeel, 209-577-5216, [email protected]
ACTION: (Wright/Ricci; 7/0) Resolution 2024-364 approving the appointments of Izzy Altadonna, Myra Belkahla, Julianna Garcia, Gulsan Grewal, Ibrahim Khan, Henry Kinzie, Hasan Modan, Benjamin Parke, Rudra Patel, Neha Prabhakar, and Valentina Zeff to the Modesto Youth Commission for a two-year term from October 9, 2024, to - 4 -
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August 31, 2026.
9. Consider approving the appointment of Jeremiah Sasser to the Modesto City-County Airport Advisory Committee for a four-year term with an expiration date of June 30, 2028 (Funding Source: Not Applicable)
Staff Recommendation:
Resolution approving the appointment of Jeremiah Sasser to the Modesto CityCounty Airport Advisory Committee for the position of Small Aircraft Owner/General Aviation for a four-year term with an expiration date of June 30, 2028.
PUBLIC WORKS; Marisol Navarro, 209-577-5319, [email protected] ACTION: (Wright/Alvarez; 7/0) Resolution 2024-365 approving the appointment of Jeremiah Sasser to the Modesto City-County Airport Advisory Committee for the position of Small Aircraft Owner/General Aviation for a four-year term with an expiration date of June 30, 2028.
PUBLIC COMMENT IN PERSON
Danielle Morgan, representing Assemblyman Juan Alanis, updated the Council on recent legislative activity. She highlighted that as of September 30th, several of his bills, including AB 1954 on Public Safety and AB 1871 on Financial Literacy, were signed into law. In his first term, Alanis has successfully passed 16 bills. Morgan encouraged the Council to reach out with any questions about legislation or state agencies.
Diane Kroeze criticized the worsening homelessness situation in Modesto, highlighting the lack of housing and frequent displacement of the homeless. She questioned the effectiveness of City efforts, citing low numbers of people housed and employed over the past five years. Kroeze expressed doubt that real progress has been made. Kevin McClarty proposed creating a joint regional airport for Stockton and Modesto to serve larger aircraft, instead of expanding Modesto’s airport. He also suggested a flight school in Modesto to address the national pilot shortage, benefiting both cities and improving airline service.
Emerson Drake raised concerns about a lack of transparency in the City's handling of public records requests and Council meetings. He criticized the City Manager's Office for not providing information on pre-agenda and committee meetings, and for excluding the Mayor from some meetings. Drake also advocated for holding preagenda meetings in public, rather than behind closed doors. Additionally, he questioned the hiring of a new aide for the Council, expressing concerns about aides being used for personal errands, which he believes is inappropriate. - 5 -
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CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS: 10-17, 19-23, 25-27 (Wright/Williams; 7/0)
CONSENT
Consent
10. Consider approving the minutes for the September 24, 2024 Council Meeting. (Funding Source: Not Applicable)
Motion approving the minutes for the September 24, 2024 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Williams; 7/0) Motion approving the minutes for the September 24, 2024 Council Meeting.
Consent
11. Consider approving Final Adoption of Ordinance 3784-C.S. authorizing the Levy of Special Taxes within the City of Modesto held within City of Modesto Community Facilities District No. 2024-1 (Tivoli) (Funding Source: Not Applicable) Motion approving Final Adoption of Ordinance 3784-C.S. authorizing the Levy of Special Taxes within the City of Modesto held within City of Modesto Community Facilities District No. 2024-1 (Tivoli)
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Williams; 7/0) Motion approving Final Adoption of Ordinance 3784-C.S. authorizing the Levy of Special Taxes within the City of Modesto held within City of Modesto Community Facilities District No. 2024-1 (Tivoli) Consent
12. Consider approving the recommended budget adjustments to Fiscal Year 2023-24 and 2024-25 Annual Operating and Capital Improvement Program Budgets. (Funding Source: Various Funds)
Resolution amending Fiscal Year 2023-24 and 2024-25 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/Williams; 7/0) Resolution 2024-366 amending Fiscal Year 2023- 24 and 2024-25 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
13. Consider accepting Engineering and Planning Document Reports related to bicyclist, pedestrian, and school zone safety: Systemic Safety Analysis Report (SSAR), Local Roadway Safety Plan (LRSP), Non-Motorized Master Plan Update and School Safety Program Study. (Funding Source: State Systemic Safety Analysis Report (SSAR) - 6 -
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Grant, Highway Safety Improvement Program (HSIP) and Local Measure L Funds) Resolution accepting Engineering and Planning Document Reports related to bicyclist, pedestrian, and school zone safety: Systemic Safety Analysis Report (SSAR), Local Roadway Safety Plan (LRSP), Non-Motorized Master Plan Update and School Safety Program Study.
ENGINEERING SERVICES; Michael Sacuskie, 209-571-5552,
[email protected]
ACTION: (Wright/Williams; 7/0) Resolution 2024-367 accepting Engineering and Planning Document Reports related to bicyclist, pedestrian, and school zone safety:
Systemic Safety Analysis Report (SSAR), Local Roadway Safety Plan (LRSP), NonMotorized Master Plan Update and School Safety Program Study.
Consent
14. Consider accepting the new Zeff Road Realignment Public Improvements and approving summary vacation of the old Zeff Road Alignment located adjacent to Crows Landing Road, authorizing the City Clerk to file a Notice of Completion with the Stanislaus County Recorder’s office, and releasing securities upon expiration of statutory periods. (Funding Source: Developer Funded)
Resolution accepting the Public Improvements of the Zeff Road Realignment and approving summary vacation of the old Zeff Road located adjacent to Crows Landing Road, authorizing the City Clerk to file a Notice of Completion with the Stanislaus County Recorder’s office, and releasing securities upon expiration of statutory periods.
ENGINEERING SERVICES; Jaspreet Mangat, 209-571-5253,
[email protected]
ACTION: (Wright/Williams; 7/0) Resolution 2024-368 accepting the Public Improvements of the Zeff Road Realignment and approving summary vacation of the old Zeff Road located adjacent to Crows Landing Road, authorizing the City Clerk to file a Notice of Completion with the Stanislaus County Recorder’s office, and releasing securities upon expiration of statutory periods.
Consent
15. Consider accepting the Monthly Investment Report for July 2024. (Funding Source:
Various Funds)
Motion accepting the Monthly Investment Report for July 2024.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
ACTION: (Wright/Williams; 7/0) Motion accepting the Monthly Investment Report for July 2024.
Consent
16. Consider accepting an Informational Report on the July and August 2024 Grant Applications and Awards. (Funding Source: Not Applicable) - 7 -
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Motion accepting an Informational Report for July and August 2024 Grant Applications and Awards.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Wright/Williams; 7/0) Motion accepting an Informational Report for July and August 2024 Grant Applications and Awards.
Consent
17. Consider accepting an Informational Report for the August 2024 Accounts Payable Payment Register and Void Report. (Funding Source: Not Applicable) Motion accepting an Informational Report for the August 2024 Accounts Payable Payment Register and Void Report.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Wright/Williams; 7/0) Motion accepting an Informational Report for the August 2024 Accounts Payable Payment Register and Void Report.
Removed from Consent
18. Consider approving the Amendments for Bottled Water Delivery Services for Citywide locations to Blue Triton Brands doing business as (dba) ReadyRefresh, Livermore, CA and DS Services of America Inc. dba Primo Water North America, Manteca, CA increasing the agreement amount by $95,000 over the term of the Agreement. (Funding Source: Various Funds)
Resolution approving the Amendments with Blue Triton Brands doing business as (DBA) ReadyRefresh, Livermore, CA and DS Services of America Inc.
DBA Primo Water North America, Manteca, CA, for Bottled Water Delivery Services for Citywide locations increasing the Agreement amount by $35,000 for the first year estimated amount for a new revised first year estimated amount of $235,000; and increasing the Agreement amount by $15,000 for the annual estimated amounts for a revised annual estimated amount of $115,000 and increasing the Agreement amount by $95,000 for the total combined revised total amount of $695,000 for the term of the agreement; and authorizing the City Manager or his designee to execute the Amendments.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] ACTION: (Bavaro/Escutia-Braaton; 7/0) Resolution 2024-369 approving the Amendments with Blue Triton Brands doing business as (DBA) ReadyRefresh, Livermore, CA and DS Services of America Inc. DBA Primo Water North America, Manteca, CA, for Bottled Water Delivery Services for Citywide locations increasing the Agreement amount by $35,000 for the first year estimated amount for a new revised first year estimated amount of $235,000; and increasing the Agreement amount by $15,000 for the annual estimated amounts for a revised annual estimated amount of $115,000 and increasing the Agreement amount by $95,000 for the total combined revised total amount of $695,000 for the term of the agreement; and authorizing the - 8 -
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City Manager or his designee to execute the Amendments.
Consent
19. Consider approving an Agreement with Telcion, Inc. for the Purchase of Cisco Network Communication Equipment and Services for an amount not to exceed $178,806. (Funding Source: Information Technology Fund) Resolution approving an Agreement with Telcion, Inc. for the Purchase of Cisco Network Communication Equipment and Services for an amount not to exceed $178,806, and authorizing the City Manager, or his designee, to execute the Agreement.
IT; Dameon Booker, 209-571-5229, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2024-370 approving an Agreement with Telcion, Inc. for the Purchase of Cisco Network Communication Equipment and Services for an amount not to exceed $178,806, and authorizing the City Manager, or his designee, to execute the Agreement.
Consent
20. Consider approving the Amendment of a partner agency related to the Board of State and Community Corrections California Violence Intervention and Prevention Grant. (Funding Source: Police Grants)
Resolution approving the Amendment of a partner agency related to the Board of State and Community Corrections California Violence Intervention and Prevention Grant and authorizing the City Manager, or his designee, to execute the necessary documents including a Memorandum of Understanding with Project Blue - The Healthy Room Project and 10k with a Cop.
POLICE DEPARTMENT; Chris Adams, 209-572-9500, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2024-371 approving the Amendment of a partner agency related to the Board of State and Community Corrections California Violence Intervention and Prevention Grant and authorizing the City Manager, or his designee, to execute the necessary documents including a Memorandum of Understanding with Project Blue - The Healthy Room Project and 10k with a Cop.
Consent
21. Consider approving an Agreement with Mather Aviation, LLC, Mather, CA, for Aircraft Maintenance and Repair Services for a total amount not to exceed $159,768 over two years. (Funding Source: General Fund)
Resolution approving the Agreement with Mather Aviation, LLC, Mather, California for Aircraft Maintenance and Repair Services for a two-year Agreement, for an estimated annual amount of $87,072, and a total amount not to exceed $159,768 over two years; and authorizing the City Manager, or his designee, to execute the Agreement.
POLICE DEPARTMENT; Kalani Souza, 209-572-9500, [email protected] - 9 -
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ACTION: (Wright/Williams; 7/0) Resolution 2024-372 approving the Agreement with Mather Aviation, LLC, Mather, California for Aircraft Maintenance and Repair Services for a two-year Agreement, for an estimated annual amount of $87,072, and a total amount not to exceed $159,768 over two years; and authorizing the City Manager, or his designee, to execute the Agreement.
Consent
22. Consider approving the payment for Records Management Software Annual Maintenance to CentralSquare Technologies, Lake Mary, Florida, for a total amount not to exceed $100,408. (Funding Source: Supplemental Law Enforcement Services Fund)
Resolution approving the payment for Records Management Software Annual Maintenance to CentralSquare Technologies, Lake Mary, Florida, for a total amount not to exceed $100,408; and authorizing the Finance Director, or her designee, to execute the payment.
POLICE DEPARTMENT; Jessica Smart, 209-572-9500, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2024-373 approving the payment for Records Management Software Annual Maintenance to CentralSquare Technologies, Lake Mary, Florida, for a total amount not to exceed $100,408; and authorizing the Finance Director, or her designee, to execute the payment.
Consent
23. Consider approving the First Amendment with Gallo Center for the Arts, Modesto, CA for Lot 25 employee discounted parking increasing the Agreement amount by five dollars per parking permit per month, and extending the term of the Agreement from July 1, 2024 to June 30, 2025. (Funding Source: Parking Services Enterprise Fund) Resolution approving the First Amendment with Gallo Center for the Arts, Modesto, CA for Lot 25 employee discounted parking, increasing the Agreement amount by five dollars per parking permit per month, and extending the term of the Agreement from July 1, 2024 to June 30, 2025, and authorizing the City Manager, or his designee, to execute the Amendment.
PUBLIC WORKS; Patrick Crowley, 209-402-6812, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2024-374 approving the First Amendment with Gallo Center for the Arts, Modesto, CA for Lot 25 employee discounted parking, increasing the Agreement amount by five dollars per parking permit per month, and extending the term of the Agreement from July 1, 2024 to June 30, 2025, and authorizing the City Manager, or his designee, to execute the Amendment.
Removed from Consent
24. Consider approving the First Amendment with Beard Land Improvement Company and Modesto and Empire Traction Company for the Water Well/Right of Way Lease Agreements, increasing the amount by $2,764,332 and extending the term of the Agreement from December 31, 2024 to December 31, 2034. (Funding Source: Water - 10 -
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Fund)
Resolution approving the First Amendment to the Water Well/Right of Way Lease Agreement with Beard Land Improvement Company for the water well site on Spenker Avenue for City Well 225 (Beard Well 25 Budget Pack) and well site on Farrar Avenue for City Well 279 (Beard Well Farrar Pump Lot), increasing the amount by $1,113,533 over ten years, and extending the term of the Agreement from December 31, 2024 to December 31, 2034; and authorizing the City Manager, or his designee to execute the Amendment. Resolution approving the First Amendment to the Water Well/Right of Way Lease Agreement with Modesto and Empire Traction Company (M&ET) for the water well site on Yosemite Boulevard for City Wells 291 and 292 (M&ET Well 91 and 92 – Mariposa E. & W. Pump Lot) and water well site on S.
McClure Road for City Well 308 (M&ET Well 1 – S. McClure Pump Lot), increasing the amount by $1,650,799 over ten years, and extending the term of the Agreement from December 31, 2024 to December 31, 2034; and authorizing the City Manager, or his designee to execute the Amendment.
UTILITIES; Manuel Martinez, 209-342-4592, [email protected] ACTION: (Bavaro/Williams; 7/0) Resolution 2024-375 approving the First Amendment to the Water Well/Right of Way Lease Agreement with Beard Land Improvement Company for the water well site on Spenker Avenue for City Well 225 (Beard Well 25 Budget Pack) and well site on Farrar Avenue for City Well 279 (Beard Well Farrar Pump Lot), increasing the amount by $1,113,533 over ten years, and extending the term of the Agreement from December 31, 2024 to December 31, 2034; and authorizing the City Manager, or his designee to execute the Amendment.
ACTION: (Bavaro/Williams; 7/0) Resolution 2024-376 approving the First Amendment to the Water Well/Right of Way Lease Agreement with Modesto and Empire Traction Company (M&ET) for the water well site on Yosemite Boulevard for City Wells 291 and 292 (M&ET Well 91 and 92 – Mariposa E. & W. Pump Lot) and water well site on S. McClure Road for City Well 308 (M&ET Well 1 – S. McClure Pump Lot), increasing the amount by $1,650,799 over ten years, and extending the term of the Agreement from December 31, 2024 to December 31, 2034; and authorizing the City Manager, or his designee to execute the Amendment.
Consent
25. Consider approving an Agreement for Painting of Water Wells and Tank Sites to HB Restoration Inc., of Rio Linda, CA for a total amount not to exceed $669,076 over five years. (Funding Source: Water Fund)
Resolution approving the Award of Bid and Agreement for Painting of Water Wells and Tank Sites to HB Restoration Inc., of Rio Linda, CA for a two-year Agreement with three one-year extension options, for an annual estimated amount of $126,000 and a total amount not to exceed $669,076 over five years; and authorizing the City Manager, or his designee, to execute the Agreement.
UTILITIES; Manuel Martinez, 209-342-4592, [email protected] - 11 -
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ACTION: (Wright/Williams; 7/0) Resolution 2024-377 approving the Award of Bid and Agreement for Painting of Water Wells and Tank Sites to HB Restoration Inc., of Rio Linda, CA for a two-year Agreement with three one-year extension options, for an annual estimated amount of $126,000 and a total amount not to exceed $669,076 over five years; and authorizing the City Manager, or his designee, to execute the Agreement.
Consent
26. Consider approving the adoption of the City of Modesto Pyrethroid Management Plan and all associated Appendices. (Funding Source: Storm Drain Fund) Resolution adopting the City of Modesto Pyrethroid Management Plan and all associated Appendices.
UTILITIES; Jeff Daniels, 209-577-6255, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2024-378 adopting the City of Modesto Pyrethroid Management Plan and all associated Appendices.
Consent
27. Consider approving the First Amendment with Labworks, LLC, Lehi, Utah, for the Annual Maintenance and Support of Labworks LIMS Software, increasing the Agreement amount by $10,504. (Funding Source: Sewer Operations Fund) Resolution approving the First Amendment with Labworks, LLC, for the Annual Maintenance and Support of Labworks LIMS Software increasing the Agreement amount by $10,504 to a new total amount of $107,368; and authorizing the City Manager, or his designee, to execute the Amendment.
UTILITIES; Jeff Daniels, 209-577-6255, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2024-379 approving the First Amendment with Labworks, LLC, for the Annual Maintenance and Support of Labworks LIMS Software increasing the Agreement amount by $10,504 to a new total amount of $107,368; and authorizing the City Manager, or his designee, to execute the Amendment.
COUNCIL COMMENTS & REPORTS
Councilmember Escutia-Braaton acknowledged two women from District 1 for their contributions to the community andwho were honored for Hispanic Heritage Month:
Christine Schwarzenegger for her leadership and volunteer work, and Maggie Mejia for her long-standing community service, including work with United Farm Workers and as a County Commissioner on Aging.
Council Member Williams recognized several community events, including honoring Councilwoman Escutia-Braaton's leadership at the League of Cities, attending a Senior Center open house, and participating in Law Enforcement Day and a suicide prevention event. He also highlighted the opening of a new McDonald's, the International Festival celebrating community unity, and local high school students in a leadership program, - 12 -
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emphasizing the positive contributions of youth in the community. Councilmember Williams later also shared details about an upcoming fundraiser for Learning Quest, a local organization in Modesto. On Saturday, 66 participants, including Williams, will be rappelling down a building on McHenry Avenue to raise funds. Williams humorously mentioned that if they don't appear at the next council meeting, it might be due to the rappelling adventure.
Council Member Wright highlighted the opening of a new McDonald's in Modesto, which created 59 jobs and donated $4,000 to a project at Beyer Park. He also thanked the Modesto Police Department for hosting a recent Town Hall meeting that provided updates on economic development and discussed aerial command centers and mosquito abatement efforts to combat West Nile virus. Wright announced a general plan workshop for District 6 on October 29 at Freedom Elementary School, encouraging community participation.
Council Member Ricci reminded residents about the District 3 General Plan meeting scheduled for tomorrow at 5:30 PM at the Boy Scout Clubhouse in Enslen Park. He shared his experience at the first Women's Empowerment Training Camp for aspiring firefighters, praising the effort and coordination of Modesto firefighters and trainers from across California. Ricci also expressed excitement about the ongoing Police Lowrider Project, which involves collaboration with Modesto City Schools and MJC, highlighting the involvement of community members and local organizations.
Vice Mayor Alvarez reported on the ribbon-cutting for the pedestrian safety project in front of Modesto High, enhancing safety for students and including improvements along a half-mile stretch. He recognized the Gatsby's Gala, where Mayor Zwahlen was honored, and discussed notable accomplishments from the first half of his term, such as the $17 million renovation of Cesar Chavez Park, which will feature new recreational facilities, a skate park, and security enhancements. He also highlighted traffic signal optimization in the Paradise corridor, the introduction of the area command division by the Modesto Police Department to address community concerns, and the Southwest Modesto Plan aimed at improving local services and job opportunities. Alvarez expressed his commitment to continue serving the community.
Mayor Zwahlen shared an update about the downtown murals in Modesto, noting that the artists have been working hard despite the heat to complete the paintings. She expressed appreciation for the artists' efforts and encouraged everyone to drive around downtown to enjoy the beautiful murals. The artists were grateful for the community's hospitality and support for the local art scene.
CITY MANAGER COMMENTS & REPORTS
None.
NEW BUSINESS
28. Consider the Adoption of an Urgency Ordinance making findings and establishing a temporary moratorium on the establishment of new and relocation or physical - 13 -
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expansion of existing tobacco retailer businesses, also known as smoke shops, within the City of Modesto to become effective immediately. (Funding Source: General Fund) Motion introducing and waiving the First Reading of an Urgency Ordinance making findings and establishing a temporary moratorium on the establishment of new, and relocation or physical expansion of existing tobacco retailer businesses, also known as smoke shops, within the City of Modesto to become effective immediately.
CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected] ACTION: (Escutia-Braaton/Wright; 7/0) Motion introducing and waiving the First Reading of an Urgency Ordinance 3785-C.S. making findings and establishing a temporary moratorium on the establishment of new, and relocation or physical expansion of existing tobacco retailer businesses, also known as smoke shops, within the City of Modesto to become effective immediately.
MATTERS TOO LATE FOR THE AGENDA
None.
ADJOURNMENT
This meeting adjourned at 7:52 P.M.
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All Closed Session matters heard prior to the meeting.
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Six 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
Magda Abraham v. City of Modesto, et al.
Superior Court of California, County of Stanislaus
Case No.: CV-18-003342
Attest:____________________________
Diane Nayares-Perez, City Clerk