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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, November 05, 2024 at 5:30 PM
Roll Call - Present: Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
Absent: None
Pledge of Allegiance to the Flag
Invocation: Cindy Marks, Pray Modesto
City Clerk’s Announcements: None.
Declaration of Conflicts of Interest: None.
Reports from Closed Session: City Attorney Jose Sanchez reported at todays Closed session under anticipated litigation, the City Council unanimously authorized entering into a Service Termination Agreement and Release Agreement with Reworld, formerly known as “Covanta Stanislaus”, for the early closure of the Waste to Energy Facility located at the Fink Road Landfill. The Agreement requires Reworld to pay a total of $4 Million to the City and the County for the early closure of the Facility.
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Proclamation declaring November 11th as Veteran's Day. (Funding Source: Not Applicable)
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] - 2 -
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ACTION: Mayor Zwahlen presented proclamation declaring November 11th as Veteran's Day.
PUBLIC COMMENT IN PERSON
Natasha Leyva spoke regarding Protecting Health and Slamming Tobacco (PHAST) which is a youth coalition of about 936 students from 65 schools across Stanislaus County. The group educates peers about the health risks of tobacco, nicotine, and marijuana, aiming to help students make healthier choices through prevention and education. Natasha shared her personal experience witnessing peers in middle and high school increasingly using nicotine products. She noted that many students in the area start smoking or vaping as early as age 14. Natasha joined PHAST to support her peers in avoiding nicotine addiction and urged local leaders to consider youth experiences when making policy decisions.
Nathan Cabrera, a Grayson Davis High School student, and member of the PHAST coalition, shared his personal experience with tobacco, noting his father's long struggle with smoking since a young age. Concerned about his father's health, Nathan joined PHAST to support him and others dealing with tobacco addiction. He urged local leaders to consider the impact of tobacco use when making policy decisions. Lavanya Bansal, a junior at Modesto High School and PHAST coalition member, shared her concerns about the prevalence of vaping among youth in Stanislaus County.
She described frequent encounters with smoke in school bathrooms and noted peer pressure's role in tobacco use. Lavanya cited statistics showing that 87% of tobacco retailers are within half a mile of schools, with 35% selling illegal flavored products, making it easier for youth to start using. She urged local leaders to consider youth perspectives when shaping policies on tobacco regulation. Sabrina Toor, a junior at Modesto High School and PHAST coalition member, addressed the Council to advocate for a tobacco retail license policy to reduce youth access to tobacco in Modesto. She expressed gratitude for the recently adopted moratorium on flavored tobacco and urged continued efforts to protect youth from addiction. Sabrina highlighted PHAST's commitment to supporting healthier communities through education and local data, calling on the Council to prioritize youth health in future policies.
Derek Castle expressed both appreciation and concern regarding the City’s efforts to address homelessness. He commended the success of the Family Bridge Housing Program, where families recently moved in, but expressed disappointment over the lack of progress in establishing a location for cabins funded a year ago. Derek noted that if a small church could overcome challenges to set up housing, the City should be able to secure land for these cabins. He and others identified a potential property and urged the City to act promptly.
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Kevin McClarty from Modesto’s District 1 thanked Councilmember Escutia-Braaton and candidate John Gunderson for signing the Code of Fair Campaign Practices Form, which is a commitment to run a fair and clean campaign. He expressed disappointment over another candidate, who did not sign the form and was complicit in the distribution of a negative flyer. Kevin condemned the introduction of "dirty politics" into Modesto’s City Council races and encouraged all candidates to maintain ethical campaign practices.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS: (2-9 Wright/Alvarez; 7/0)
CONSENT
Consent
2. Consider approving the minutes for the October 22, 2024 Council Meeting. (Funding Source: Not Applicable)
Motion approving the minutes for the October 22, 2024 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Alvarez; 7/0) Motion approving the minutes for the October 22, 2024 Council Meeting.
Consent
3. Consider approving Final Adoption of Ordinance 3786-C.S. authorizing the levy of special taxes within the City Of Modesto held within City Of Modesto Community Facilities District No. 2024-2 (Fairview Village #2). (Funding Source: Not Applicable) Motion approving Final Adoption of Ordinance 3786-C.S. authorizing the levy of special taxes within the City Of Modesto held within City Of Modesto Community Facilities District No. 2024-2 (Fairview Village #2).
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Alvarez; 7/0) Motion approving Final Adoption of Ordinance 3786-C.S. authorizing the levy of special taxes within the City Of Modesto held within City Of Modesto Community Facilities District No. 2024-2 (Fairview Village #2).
Consent
4. Consider accepting an Informational Report for the September 2024 Accounts Payable Payment Register and Void Report. (Funding Source: Not Applicable) Motion accepting an Informational Report for the September 2024 Accounts Payable Payment Register and Void Report.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Wright/Alvarez; 7/0) Motion accepting an Informational Report for the September 2024 Accounts Payable Payment Register and Void Report. - 4 -
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Consent
5. Consider accepting the Monthly Investment Report for August 2024. (Funding Source:
Various Funds)
Motion accepting the Monthly Investment Report for August 2024.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
ACTION: (Wright/Alvarez; 7/0) Motion accepting the Monthly Investment Report for August 2024.
Consent
6. Consider approving a Second Amendment to the Cell Tower Site Lease Agreement at Downey Park with NCWPCS MPL 26 - Year Sites Tower Holdings LLC, extending the maximum term of the Agreement through June 30, 2056. (Funding Source: Cell Tower Facility Rental Revenue)
Resolution approving a Second Amendment to the Cell Tower Site Lease Agreement at Downey Park with NCWPCS MPL 26 - Year Sites Tower Holdings LLC, extending the maximum term of the Agreement through June 30, 2056, and authorizing the City Manager, or his designee, to execute the Amendment.
PRN; Ken Peterson, 209-571-5573, [email protected] ACTION: (Wright/Alvarez; 7/0) Resolution 2024-401 approving a Second Amendment to the Cell Tower Site Lease Agreement at Downey Park with NCWPCS MPL 26 - Year Sites Tower Holdings LLC, extending the maximum term of the Agreement through June 30, 2056, and authorizing the City Manager, or his designee, to execute the Amendment.
Consent
7. Consider approving a First Amendment to the Parking Lease with Tesla, Inc., of Austin, TX extending the term of the Agreement from October 31, 2024, to October 31, 2025, with two one-year extension options. (Funding Source: Airport Fund) Resolution approving a First Amendment to the Parking Lease with Telsa Inc., a Texas Corporation (formally a Delaware Corporation) extending the term of the Agreement from October 31, 2024, to October 31, 2025, with two one-year extension options and authorizing the City Manager, or his designee, to execute the Amendment.
PUBLIC WORKS; Marisol Navarro, 209-577-5319, [email protected] ACTION: (Wright/Alvarez; 7/0) Resolution 2024-402 approving a First Amendment to the Parking Lease with Telsa Inc., a Texas Corporation (formally a Delaware Corporation) extending the term of the Agreement from October 31, 2024, to October 31, 2025, with two one-year extension options and authorizing the City Manager, or his designee, to execute the Amendment.
Consent
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8. Consider approving an Agreement with Eagle Aerial Solutions, of Irvine, CA for a WaterView Software as a Service (Saas) subscription for a total amount not to exceed $495,000 over five years. (Funding Source: Water Fund)
Resolution approving the Agreement with Eagle Aerial Solutions, of Irvine, CA for the WaterView SaaS for a five-year Agreement, for an initial cost of $134,600 and an estimated annual amount of $90,100, for a total amount not to exceed $495,000 over five years; and authorizing the City Manager, or his designee, to execute the Agreement.
UTILITIES; Manuel Martinez, 209-342-4592, [email protected] ACTION: (Wright/Alvarez; 7/0) Resolution 2024-403 approving the Agreement with Eagle Aerial Solutions, of Irvine, CA for the WaterView SaaS for a five-year Agreement, for an initial cost of $134,600 and an estimated annual amount of $90,100, for a total amount not to exceed $495,000 over five years; and authorizing the City Manager, or his designee, to execute the Agreement.
Consent
9. Consider approving an Agreement for the Purchase of Variable Frequency Drive Units to Wille Electric Supply Company, Inc. of Modesto, CA, for a total amount not to exceed $796,515 over five years. (Funding Source: Water Fund, Sewer Operations Fund)
Resolution approving the Award of Bid and Agreement for the Purchase of Variable Frequency Drive Units to Wille Electric Supply Company, Inc., Modesto, CA, for a two year Agreement with three one-year extension options, for an estimated annual amount of $150,000 and a total amount not to exceed $796,515 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: (Wright/Alvarez; 7/0) Resolution 2024-404 approving the Award of Bid and Agreement for the Purchase of Variable Frequency Drive Units to Wille Electric Supply Company, Inc., Modesto, CA, for a two year Agreement with three one-year extension options, for an estimated annual amount of $150,000 and a total amount not to exceed $796,515 over five years and authorizing the Director of Finance, or her designee to execute the Agreement.
COUNCIL COMMENTS & REPORTS
Councilmember Ricci expressed appreciation for the Modesto CED Department's efforts to address the City's housing crisis, highlighting the development of 5,000 new units, nearly half of which are multifamily or affordable housing. He acknowledged that while progress takes time, Modesto is making strides in tackling the issue. Ricci also agreed with Derek Castle's call for more aggressive action on homelessness and emphasized the need for faster progress. He concluded by wishing everyone well on election night.
Councilmember Williams thanked City staff and consultants for their efforts in organizing - 6 -
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the 2050 workshops across all six districts, including downtown. He expressed appreciation for the citizens who participated and shared their thoughts on expanding Modesto's sphere of influence. Councilmember Williams also thanked the staff for their consistent involvement in the workshops, noting he attended at least four himself to gain a better understanding of the community's views on the city's future.
Councilmember Escutia-Braaton expressed gratitude for the staff and community members who participated in the district workshops for the general plan. She emphasized the value of community engagement in shaping policies that affect housing, jobs, and businesses. Councilmember Escutia-Braaton shared her positive experiences attending two school events: Mark Twain's Career Day, where students asked insightful questions, and the ribbon-cutting at Agnes Baptist, which celebrated new classrooms and resources for students. She highlighted the importance of providing better educational resources to ensure a positive future for students.
Mayor Zwahlen announced the San Joaquin Regional Rail Commission is applying for a $25 million grant for the Modesto and Ceres Station trackwork project, which includes improvements like platforms, pedestrian pathways, and public infrastructure. This project aims to enhance mobility, connectivity, and air quality, while connecting Stanislaus County to the expanded ACE network. StanCOG has secured funding for the initiative.
Additionally, the Mayor attended school events, police promotions, and the Impala Club event, and encouraged citizens to vote on Election Day.
CITY MANAGER COMMENTS & REPORTS
None.
MATTERS TOO LATE FOR THE AGENDA
None.
ADJOURNMENT
This meeting adjourned at 6:11 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 — ANTICIPATED LITIGATION
One Case (Pursuant to Section 54956.9(d)(4) of the Government Code) CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: City of Modesto v. Shell Oil Company, et al.
Superior Court of California- County of San Bernadino
Case No.: SCVSS120627
CONFERENCE WITH REAL PROPERTY NEGOTIATORS:
(Pursuant to Section 54956.8 of the Government Code)
Property: 601 Neece Dr., Modesto, CA 95351; APN: 102-012-001 and 102-012- 004
Property Owners: City of Modesto
Negotiating Parties:
For City: Joseph P. Lopez, City Manager
For Lessee: The Baseball Club of Modesto, LLC
Under Negotiation: Price and Terms of Lease
ACTION: City Attorney Jose Sanchez reported at todays Closed session under anticipated litigation, the City Council unanimously authorized entering into a Service Termination Agreement and Release Agreement with Reworld, formerly known as “Covanta Stanislaus”, for the early closure of the Waste to Energy Facility located at the Fink Road Landfill. The Agreement requires Reworld to pay a total of $4 Million to the City and the County for the early closure of the Facility.
Attest: ___________________________
Diane Nayares-Perez, City Clerk