[4:04] 531 p.m. I am calling the August 11, 2026, Modesto City Council meeting to order and ask the city clerk to call the roll. Councilmember Bavaro,

[4:18] Vice Mayor Williams, here. Councilmember Wright, here. Councilmember Scuttea, here. Councilmember Averis, here. Councilmember Ricky and Mayor Zollen. Here. Well, everyone, please rise for the pledge of allegiance followed by the invocation from Pastor Lucia Beasley Day, victory in praise church, Modesto.

[4:36] No.

[4:40] I pledge allegiance.

[4:58] All right.

[4:59] Apparently, Pastor Day is not here this evening, so we will proceed with the meeting.

[5:07] Does the city clerk have any announcements?

[5:10] Yes, Mayor.

[5:10] Written, public comments were received, and those comments were forwarded to the council.

[5:15] A reminder, public comment is three minutes for those attending in persons.

[5:18] Beaker cards can be found at the entrance of the chambers.

[5:21] If you're participating remotely and would like to comment through Zoom or by telephone, please

[5:26] Please use a raise hand feature or press R9 on your phone when the relevant agenda item

[5:30] is announced.

[5:31] The mayor will call on you when it's your turn to speak.

[5:34] Thank you.

[5:35] Do any of the council members have any conflicts of interest?

[5:42] I do not see any.

[5:43] Thank you.

[5:44] Will the city attorney please report out on a closed session?

[5:47] Yes, mayor.

[5:48] The under closed session, the council considered items related to existing litigation.

[5:52] No reportable action was taken.

[5:54] Thank you.

[5:56] Next on the agenda is item 1. Consider accepting the resignation of Thomas Orozco from the audit committee.

[6:06] Does council have any questions and staff? Seeing none, I will open item 1 up to the public.

[6:12] Are there any members of the public that would like to come forward? If you are participating remotely,

[6:17] please use the raise hand feature now or dial star 9 on a telephone to indicate you wish to speak on this item.

[6:24] Seeing no one, I will close public comments and item one, any comments from council members.

[6:32] I serve on the audit committee and I would like to publicly thank Thomas for his service.

[6:37] He was a public member of the audit committee and served very responsibly and was always on time and prepared and I appreciate his service.

[6:50] I need a motion to the resolution accepting the resignation of Thomas Orozco from the audit committee.

[6:57] So moved.

[6:58] Second.

[6:59] Moved by Council Member Bavaro, seconded by Vice Mayor Williams, will the clerk please call

[7:05] the roll for this item.

[7:08] Council Member Bavaro.

[7:09] Aye.

[7:10] Vice Mayor Williams.

[7:11] Aye.

[7:11] Council Member Wright.

[7:12] Aye.

[7:13] Council Member Sglitia Brayton.

[7:14] Aye.

[7:15] Council Member Albert.

[7:16] Aye.

[7:16] Councilmember Ricky and mayors Wallen.

[7:18] Aye.

[7:19] Carries unanimously.

[7:20] Next is item two.

[7:22] Consider accepting the resignation of Gloria Edith Verdun

[7:26] from the Citizens Housing and Community Development Committee.

[7:30] Does council have any questions of staff?

[7:33] Seeing none, I will open item two up to the public.

[7:36] Any members of the public that would like to come forward?

[7:39] Seeing none, anyone online?

[7:42] I do not see any.

[7:43] I will close public comments, any comments from council members?

[7:49] Council members, Scoody Abraighton?

[7:55] Excuse me, I close public comment for this item, for item two.

[8:00] For item two, yes.

[8:02] Thank you.

[8:03] And I'm sorry, I don't know why I met that, I'm sorry.

[8:05] Okay, Vice Mayor Williams.

[8:06] Thank you, Mayor.

[8:08] I'd like to thank her for her service.

[8:10] Having been on that committee myself, she was a great asset.

[8:15] thank you very much. You're welcome. Any other comments from council members? Seeing none.

[8:23] I need a motion for a resolution accepting the resignation of Gloria Edith Verdun

[8:28] from the Citizens Housing and Community Development Committee. Do I have a motion?

[8:33] Moved by council member Wright. Second. Second.

[8:36] Second by council member Ricky. And will the clerk please call the roll for this item.

[8:40] Councilmember Povaro, Vice-Mayor Williams, Councilmember Wright, Councilmember Scootier-Brayton,

[8:46] Councilmember Alvarez, Councilmember Ricky, and Mayor Zohlan.

[8:50] I, Curie Jean-Animously, next on the agenda is public comment.

[9:01] I have a statement that I will make and then we will proceed.

[9:08] Before we move to public comment, I understand there may be many individuals here and

[9:12] online who have concerns regarding data centers. The issue is received significant attention

[9:19] in the news and the city has received numerous comments and questions on this topic. As

[9:24] the city has previously stated publicly and to the press, large data centers are not currently

[9:30] and allowed use or under the city's zoning code. Any change to the zoning code would require

[9:38] a formal code amendment process which would include consideration by the planning commission

[9:43] and ultimately come before the City Council for approval.

[9:46] City staff is not working on a proposed amendment to the zoning code to allow data centers

[9:53] and they are also working on and exploring the need for a moratorium.

[9:58] I want to make sure that everyone understands the city's current position in the existing

[10:02] process before we hear from the public.

[10:04] We always welcome the community's comments and appreciate everyone who has taken the time to share their thoughts.

[10:12] Regarding public comment in general, public comment tonight is available both in person and through Zoom.

[10:19] We thank you for joining us. The City Council meetings are a place where everyone is encouraged to share insights, listen, and participate in the decision-making process that benefits our community.

[10:31] to ensure a fair and respectful environment, the mayor is responsible for maintaining order

[10:38] and decorum is outlined in the city charter and the rules of decorum posted at the entrance

[10:44] of the chamber. I ask that we are all respectful of all members of the public, presenters and

[10:51] council members. Anyone who disrupts the meeting may be asked to leave. I appreciate your

[10:57] Your cooperation is we discuss key issues and make decisions that affect our city.

[11:02] We will now open public comment for items not on the council agenda.

[11:06] You have three minutes to speak and if you are participating remotely, please use the

[11:11] raise hand feature or dial star nine on your phone to indicate you'd like to provide public

[11:17] comment.

[11:18] I will alternate between participants attending in-person and those participating remotely.

[11:26] I will begin with the first blue card that I have and it is Carolyn Newman.

[11:43] Hello.

[11:44] My name is Carolyn Newman and I am on the Citizens Transit Sales Tax Commission and I am a board

[11:50] member on the Stanislaus County Civil Taxpayer Association.

[11:54] When talking about AI data centers, many folks who are here tonight will say better than

[11:59] I have the time to how profound the polluting effects are on our environment as well as

[12:04] how they are used to pollute our privacy as regular residents.

[12:08] They are correct.

[12:09] However, I'm here to speak on a different element of concern, how AI data centers affect

[12:15] you, council members and Mayor's Whalan.

[12:18] Very recently, you passed an aggressive 10-year general plan that relies on attracting

[12:23] mirrored industrial businesses to boost the economy and support population growth with

[12:28] jobs and commerce.

[12:30] If you allow a AI data center which uses up an extraordinary amount of water and electricity,

[12:36] you would be doing so at the exclusion of other industry for no meaningful revenue growth,

[12:42] tax gain, or job growth.

[12:45] The only people who get value from data centers are the companies who own them and the land

[12:49] owner.

[12:50] That's it.

[12:50] If you do decide to consider engaging with an AI data center, there are upfront concerns

[12:56] you will have to navigate.

[12:57] Foremost.

[12:59] Too many companies who sold AI data centers to their residents were caught bribing local

[13:03] officials and engaging in political corruption.

[13:06] The new tactic is inappropriate NDAs and circumventing the public process, which is why we are here

[13:13] today.

[13:14] They promise you they will only run turbines at 20%.

[13:17] They will run them at 80%.

[13:18] They promise you, they will only run three turbines, they'll run all nine.

[13:24] They will tell you they have found ways to reduce noise and heat and use less water or cycle at safety.

[13:29] They are lying.

[13:31] And they only need you to believe the lie long enough so they can build their building and you have to shoulder the consequences of their lies.

[13:40] For betrayal like this in municipalities all across the country,

[13:43] elected and appointed officials have been fired, recalled, voted out and sued.

[13:49] I suspect those political careers will never recover.

[13:52] If you still decide to allow an AI data center,

[13:55] I suggest you look at an email I will send you that includes the 43 rules

[13:59] that Plymouth Township in Pennsylvania has implemented.

[14:02] As an emerging technology, you have every right to create new restrictions,

[14:05] particularly for any industry using an entire population's worth of power and water.

[14:10] Furthermore, you have the right to create a moratorium on constructing or operating AI

[14:15] data centers.

[14:16] We have some five-year data in studies, but we do not have 10-year data.

[14:21] Even if you are unmoved by the many, many concerns of your residents that you will hear

[14:25] tonight, I ask that you will consider how you are perceived by us.

[14:29] And if allowing an AI data center is the hallmark you want to end your political career on.

[14:35] Thank you.

[14:36] Thank you.

[14:39] Next online. Clara online.

[14:49] Great. We can hear you. Okay, perfect. Good evening, ma'am.

[14:53] And members of the City Council, my name is Clara Nostek, and I'm a resident of the

[14:58] That's it.

[15:02] I'm here tonight to urge you to shut down any proposed data center project in Manesto. I ask the council to follow the lead of our neighbors in Patterson by enacting an immediate moratorium on all new AI data center developments. Health and community resources are deeply political. And we cannot talk about this project without looking at the actual social determinants of health in our town. Please do not be swayed by the potential short term game during the building of these large centers.

[15:29] and instead consider who will bear the burden of the skyrocketing utility bills,

[15:34] grid instability, and long-term environmental costs once the construction dust settles,

[15:39] and the tech companies move on to their next bill.

[15:42] Entertaining any AI data center in Modesto is a threat to public health

[15:46] and economic issue for many reasons, but tonight I will present three.

[15:50] Number one, our food system.

[15:52] The sheer water depletion and electromagnetic interference directly threaten our local agriculture.

[15:58] the bee populations, cattle farms, and crops.

[16:02] Number two, the chronic environmental stress these facilities run.

[16:06] They run industrial cooling fans 24-7 and that constant little frequency drone isn't just annoying.

[16:11] It also causes real sleep disruption, chronic stress, and elevated blood pressure for nearby families.

[16:17] Number three, the massive diesel backup generators will emit toxic particulate matter.

[16:21] It is a privilege to ignore air quality, but for our kids, the seniors and our neighbors

[16:26] with asthma, they don't have that luxury.

[16:29] In Modesto and Santa Slaus County, chronic lower respiratory diseases are already a leading

[16:34] cause of death, and I ask you all to do what you can to avoid adding to that burden.

[16:40] As your decision today will shake Modesto for generations to come, as and as our elected

[16:46] leaders, it is your job to protect this community, not just corporate interests, and the voters

[16:50] of this district will be watching this decision very closely and we will absolutely hold you accountable

[16:55] at the bout box. So please stand with your constituents and put let's put a moratorium on any

[17:01] future data centers in this city as well as Santa Barbara County. Thank you. You're welcome.

[17:07] Next is Jacqueline Reeves Gibson.

[17:13] Welcome.

[17:18] You said Jacqueline Reeves Gibson, right? Yes.

[17:21] Okay. My name is Jacqueline and I have lived in Modesto for 30 years. I'm not going to repeat

[17:28] statistics at you guys. You know that data centers are bad for communities, for utility

[17:34] prices and for environments. You've seen the same testimonials that we've all seen.

[17:40] We, the people who elected you and pay your $30,000 paycheck every year to speak for us.

[17:48] We are telling you that we don't want this.

[17:51] We do not want data centers in our community.

[17:55] Mayors Wallen, thank you for reassuring us that there is currently no allowance in our town.

[18:01] We appreciate your back and forth of us, but frankly, it's not enough.

[18:08] We the people you represent want our city municipal code to specifically prohibit data centers.

[18:15] So I won't lecture you, but I will ask you a very specific question.

[18:21] And I will ask it on public record.

[18:23] City Council member Eric Alvarez, sir, will you support a moratorium on data centers being built in Modesto?

[18:32] Thank you.

[18:34] City Council member Nick Bavaro,

[18:38] will you commit to putting a moratorium on data centers being built in Modesto?

[18:43] At this point, I'm going to ask for guidance from our city attorney because this is not on tonight's agenda.

[18:47] I don't think we can be voting publicly at something that the entire isn't quite voting and I checked before I came up here

[18:53] and it did allow for back-and-for.

[18:55] Sure.

[18:58] Okay.

[18:58] So there should have been a discussion, but she's able to ask the question.

[19:01] Oh, sure.

[19:01] Thank you very much.

[19:02] Your response to your question.

[19:04] Yes, on the question.

[19:04] If we respond, if the response is there any problem then we should respond once the item, if the item is on the agenda, that's when we should follow.

[19:13] Okay, thank you.

[19:14] Okay, thank you very much.

[19:17] City Council member and vice mayor, Jeremiah Williams, will you commit to a moratorium on data centers being built in Modesto?

[19:29] Joe, are we able to respond to the issue?

[19:33] Item is not on the agenda, so response, obviously, we would not be voting on any item as support on because it's not on the agenda.

[19:41] So discussion, we can't, we can't have discussion.

[19:43] This is simply the neighbor of yours asking a very specific question, sir.

[19:47] You can always call me and then I can give you that answer.

[19:51] Thank you, please.

[19:52] Understood.

[19:55] Neighbors, these first three city council members are currently going to be up for election in November of this year.

[20:01] Excuse me.

[20:01] Please remember that.

[20:08] Mayor Schuze-Wallen, will you commit to a moratorium on data centers being built in Modesto?

[20:15] No comment.

[20:16] Understood.

[20:16] Good. Neighbors, up for election in 2020, please be aware,

[20:25] we are committed to holding

[20:26] our leaders responsible to the decisions they make for us. Please know. Our eyes are on

[20:32] you. Thank you. You're welcome.

[20:39] Next online, we have Ramon Rodriguez online.

[20:47] Good evening,

[20:48] Council members, Madam Mayor, everyone can hear me?

[20:52] Yes, we can hear you.

[20:54] The data centers for everyone for the sake of the community, you had to be really careful

[21:03] in dealing because these companies, these AI companies, they're coming with various tricks,

[21:10] dirty tricks, and schemes to build the data centers.

[21:14] and I remember years and years ago with a teleplane on cross landing road in

[21:19] Modesto. Having a data center that's going to make the teleplane looks like the

[21:25] amateur hour but it's going to be devastating for communities especially

[21:29] marginalized communities and for all the talk of annexing lands and everything

[21:35] especially wood colony we should not have a data center at all especially AI

[21:41] because of testimonies of data of proof what's going on at AI data center in

[21:50] Bethesda it's going to be devastating for everyone and it's not going to

[21:54] benefit for their community it's going to benefit the corporation it's going to

[21:58] benefit the billionaires to tech bros and it's going to destroy our environment

[22:05] our livelihoods and it's going to destroy the Central Valley by drying up all

[22:09] the water, ruining the environment, and also ruining our economy because they're going

[22:16] to take water instead of using the water to grow crops and producing food, it's going

[22:23] to use the power, something that's not going to benefit for society.

[22:29] So you have to stand up for the community until the AI data center people know, and also

[22:39] So do it seriously because if you accept them, it's not going to look good for you.

[22:46] It's happening everywhere in the country.

[22:49] And this is a chance to stand up and say no to data centers, especially AI because having

[22:58] data centers in Modesto, it's going to affect the entire Central Valley, especially living

[23:04] at time was I'm a change with all the terminals happening it's not going to look good plus working

[23:12] close to it at the bubble it's going to be first on AI it's going to make the tech bubble look

[23:19] like amateur hour so for the sake of the community and the sake of Central Valley and everywhere in

[23:25] California consider a moratorium on data centers just like what Patterson did and all over California

[23:32] because we to people say no to AIDA is there. Thank you.

[23:36] You're welcome.

[23:39] Next is Sandra. Sandra?

[23:45] There you go. Please.

[23:49] I'm sorry. I wasn't sure how to pronounce your last name.

[23:53] Start. Okay. Great. Thank you.

[23:55] Good evening, everyone. I'm going to make it kind of short here.

[23:59] I'm really highly suggesting that the council listen.

[24:04] Yes, can you please speak into the microphone, there we go, thank you.

[24:08] Highly suggesting that you listen to what we all want here, we don't want the data centers.

[24:15] We don't, we know that our code bans it, but this has been a, you know, maybe a little consideration since 2025.

[24:27] And we just kind of find out about these things now and it's not right.

[24:32] And I don't think that North Point developers are pretty much in it for themselves.

[24:42] Our community is going to be watching really all of you to see how many stand behind

[24:52] us who stand behind Modesto and don't want this.

[24:56] this effect, power grid string, water use, no job growth, because if you think it's going

[25:06] to give jobs, it's not. You don't need many people to run a computer. Okay. And it's

[25:14] just not tolerable. We have enough going on here in our city. We have enough. And I think

[25:24] It gets better to stick with the issues that are more important and the data center is

[25:29] not.

[25:31] And that's all I need.

[25:32] Thank you.

[25:33] Thank you.

[25:35] Next online is Elijah Felder-Rosen?

[25:40] Elijah?

[25:41] Online?

[25:47] This is Elijah Elder-Rosen.

[25:48] Thank you for taking my comment, mayor and council members.

[25:51] You're welcome.

[25:52] Welcome.

[25:53] I am here to join the overwhelming course of voices that I hear on a daily basis.

[26:00] asking for a moratorium on AI data centers. We can look at the record of what's

[26:07] gone on around the country and see the sideways channels these companies can

[26:13] use to circumnavigate zoning laws to get AI data centers built in places where

[26:19] people did not want them. I am a local educator here. I'm an environmental

[26:24] scientist and I work with children. I'm the sustainability coordinator at the

[26:29] school that I work at. And we talk about this with the kids all the time. I was just asking

[26:33] the kids about this today. How would they feel about the AI data center? And all the

[26:37] eighth graders I was talking to today realized that that will ruin their future. We'll be

[26:41] looking at environmental catastrophe, a financial catastrophe, and basically selling out the

[26:49] future of my students and our children and locally for short-term profit for corporations.

[26:54] We don't want it. We won't accept it.

[26:57] If people are not willing to listen to us, we will get organized and vote you out of office.

[27:03] We are extremely upset at the idea that it could even be a possibility.

[27:08] North Point is not a good corporation. The time I spent reading about them, they seem like one of the most evil entities that could possibly exist.

[27:16] We don't want them lobbying you to change our zoning laws. We don't want them getting in any way they possibly can.

[27:23] So, please include language that makes sure that we do not get an AI data center that ruins

[27:29] our community.

[27:31] Modesto is a beautiful and thriving place that has so much potential.

[27:35] I would like to see us focus on the circular bio-economy that's already starting to flourish.

[27:40] There's been a $50 million investment in the circular bio-economy with an organization

[27:45] called Beam Circular the last couple years.

[27:48] And they've been talking to us educators and telling us about how we can have so many jobs

[27:53] it's going to be hundreds of millions of dollars in industry. Well guess what? If we don't have

[27:57] the water and resources for those corporations to come in here and give us jobs and give our kids

[28:03] a future at any education level, then it's not going to happen for us. We're going to be

[28:09] another crappy dust bowl town on the 99. Could you imagine if our air was any worse? Could you imagine

[28:17] if our water was any worse? I have so many students with chronic health problems from the terrible air

[28:22] Modesto already. If we degrade our environment any further we'll have nothing left. So thank you so

[28:28] much for listening and I appreciate you guys. Thank you. Next is Olga, customada. Olga, yes. Welcome.

[28:39] Good evening mayor and honorable council members. I'm here also to join my fellow citizens

[28:50] in urging you to enact a moratorium on data center construction in Modesto.

[29:00] And let's be good ancestors to our, for me, grandchildren.

[29:11] And thank you. You're welcome.

[29:15] next online

[29:18] is Kim online.

[29:27] Hello, can you hear me? Yes, we can hear you. I am also a resident

[29:31] of the city of Modesto. My name is Kim, right? I am a social worker here who works with

[29:36] homeless vets and I also do private practice in the city. I remember when I first moved

[29:42] to the city that people said, oh, you're going to have allergies. Oh, this and that. And as

[29:48] lived here over time, they were right. I'm more concerned not just about allergies, but

[29:55] But the other serious condition.

[30:00] That could be contributed to aye centers. From the noise pollution to the things that have already been said, the consistency of our water, the quality of our water, the quality of our air, our quality of life, the whole night, and I stand in solidarity with my fellow residents, that we are taking notice of how people are voting. We are taking notice of how people were unwilling to even verbalize a commitment to a moratorium. I think it should be more than a moratorium.

[30:29] it should be a flat-out ban on building data centers here in the city or anywhere in our county.

[30:38] And so if we do have to organize, if we do need to re-vote or if we need to run for office ourselves,

[30:45] please do not sell out the soul of our city, not just the profit for the corporations,

[30:51] but for any personal profit or gain.

[30:54] So I am encouraging everyone that I know.

[30:57] Pay attention to these meetings, get involved in these meetings, know what is going on,

[31:01] know what your politicians are doing, use your voice.

[31:05] And I would have been there in person had I not had a conflict of interest somewhere out

[31:09] that is equally important.

[31:10] But we are taking notice and we do want and expect our voices to be heard.

[31:14] And if we are ignored, we're not going to go away.

[31:18] Thank you.

[31:30] I'm sorry about that.

[31:33] Hello, my name is Alma Torres.

[31:36] I'm a resident of Patterson here in solidarity with you guys,

[31:40] because my family lives here in Modesto.

[31:42] I'm here to let you know we have already used up the majority of natural resources

[31:46] that the planet can regenerate this year.

[31:49] Not talking about exactly here in our region just yet.

[31:52] But AI data centers could pollute and waste what's left, especially when we have finite resources.

[31:58] The water you need for your livestock, your agriculture, all of that could be gone.

[32:02] Your property values in time will tank too because nobody can tolerate the sound issues.

[32:08] Data heat islands or temperature spikes, bad drinking water quality, bad air quality.

[32:13] My friend lives in Arizona, her air quality, she lives surrounded by data air centers.

[32:20] It was a very bad 500 index, I can't remember exactly, but I'll get to that later.

[32:28] We have information about these heat islands that can be felt up to six miles away, up to

[32:37] 16 degrees hotter.

[32:39] We have not quantified the cost of living or the cost of running data centers when it comes

[32:45] to our communities.

[32:47] A lot of people commute and fuel is costly.

[32:51] We're going to be competing with these data centers in the long run because the Hormuz is

[32:55] closed.

[32:55] The blockades and standoffs have created global economic impacts, shortages in resources

[33:01] and fuels.

[33:02] Something to consider as the cost of living those costs go up, we're going to be in deep

[33:07] trouble.

[33:07] We are looking at grid strain.

[33:09] Using large amounts of fossil fuels, we face fuel supply, depletion and massive need

[33:14] for electric.

[33:15] In one case, 50,000 residents of Lake Tahoe will lose their power, May of 2027, to power

[33:22] data centers in Nevada.

[33:25] How is the grid holding up, Modesto?

[33:27] Good I hope,

[33:30] I'm sorry, I'm trying to lay not run out of time.

[33:36] A single large data center can require 20 to 100 megawatts of continuous power for IT equipment,

[33:42] for cooling and infrastructure. That same amount of energy or power, it could go to 80,000 or 100,000 homes here in Modesto.

[33:50] Modesto has an estimated city population of 219,652 people.

[33:56] While the broader Modesto metropolitan statistic area is the San County, the homes come up to roughly 557,000 residents.

[34:05] If push comes to shove, half the city could go dark without power if we allow data centers to come in.

[34:11] who do we choose to lose power? Somebody is going to have to lose if we don't demand the

[34:15] developers to build and pay for a 24-hour, 24-hour, seven-day grid addition to provide

[34:22] their own power that runs on clean energy. We must demand independent environmental impact

[34:28] studies. There is no middle ground. If they don't, they will hook up to the existing grid

[34:34] on our power, our water utilities, everything will increase our costs.

[34:39] Sorry.

[34:40] Thank you.

[34:43] Thank you.

[34:45] Thank you.

[34:46] Thank you.

[34:47] Next online, heart, court, online, heart, court.

[34:55] Yes.

[34:56] Hello.

[34:57] We can hear you.

[34:59] Hello, Minnesota Council.

[35:01] I'm a heart for Democrat.

[35:02] I've been a heart for Democrat my whole life and I always will be for that reason.

[35:08] I want to thank the city of Modesto led by a Democratic layer with council members Chris Ricky and Eric Alvarez as Democrats for

[35:19] Defending its ordinance against masking at protests. I also want to thank the city for putting up tons of flock cameras up around town

[35:27] With that ordinance with that technology and a Democratic mayor

[35:32] We can finally easily track and document all the conservatives and Republicans in the

[35:37] Desto when they march at an anti-choice rally or when they protest against the LGBTQ community.

[35:43] Once we finally have a Democrat in the White House again, I have faith that they will criminalize

[35:48] all the worst things that conservatives believe in and having all that data on them from our

[35:53] flock cameras makes it really easy for us to know who to arrest when it comes for their

[35:59] beliefs to be considered a crime.

[36:00] And for that reason, I also hope we get a new data center bill as close as possible,

[36:05] or we can safely keep all this data on these racist and fascist care for future use.

[36:10] So thank you, Mayor, thank you, City of Modesto, thank you, MPD.

[36:20] Next in person is Carla.

[36:42] Good evening fellow neighbors.

[36:44] I just wanted to go ahead and bring attention to the momentum that everyone is calling for.

[36:50] they're all calling for a moratorium and based off the news organization, the focus group,

[36:55] we've had City Council members say they would support a one-year moratorium,

[36:59] or a two-year moratorium, but I would really call on everyone to pressure your City Council

[37:05] for an infinite ban until there's legislation to change it. I believe one of our City Council members

[37:13] that we shouldn't be guiding our decisions around AI based on myth, or on tensions, or on fears,

[37:20] but everyone here has been expressing real, actual threats that will impact the livelihoods of

[37:27] our many generations of future children here. I grew up here in Modesto. I'm 29, and I remember every

[37:34] single year when I was at elementary school, we're in a drought. It's time for us to water our

[37:40] only at night or you're going to get fined. The fact that we barely go out of a

[37:45] draw and people are still considering a data center or not considering

[37:48] supporting a moratorium on a data center is insane. Which is why I asked the

[37:53] community to please continue to pressure the city council because even you're

[37:58] going to see that throughout this whole pressure they will not support you. An

[38:02] example is the mask ordinance. Okay. The mask ordinance was a issue that a lot of

[38:08] community members brought to the attention of the City Council.

[38:11] It brought to the attention of the Community Police Review Board.

[38:15] And yet, throughout countless meetings that we came here and constantly and

[38:19] constantly asked City Council members to please overturn it, get rid of it.

[38:24] They never did.

[38:25] So what did we do?

[38:26] We took it to the legal system.

[38:28] And thanks to the legal system, thanks to an adjunction against the mask ordinance.

[38:32] MPD can no longer harass you for protesting with a mask on, okay.

[38:38] So that was not thanks to the City Council.

[38:41] That was not thanks to the pressure of the many City members that came here asking them to do so, and they still appeal to it by the way, the City Council appeal to it, okay.

[38:49] So therefore I'm asking you guys, all of you guys, don't support a moratorium, that's one year or two year to just do pressing issues or it's based off fears.

[38:59] support a moratorium and definitely we cannot afford data center and thanks to

[39:04] everyone who did their research you guys are definitely more prepared I am but

[39:08] I definitely do want to inform you guys that yes no matter how much you come and

[39:11] you pressure the city council unless you take legal action or political action as

[39:17] the young lady before thanks for doing that well away did they're not going to

[39:20] listen to you thank you

[39:27] Next online.

[39:29] Excuse me, online.

[39:30] There's not a name, but it's Samsa.

[39:42] Are you there?

[39:45] Yes, I'm here.

[39:46] We can hear you, no?

[39:47] You can hear me, no?

[39:48] Yes, we can hear you.

[39:49] We can hear you, no?

[39:49] I'm even Angela Jensen.

[39:51] My men started, they started.

[39:53] My name is Angela Jensen.

[39:55] I have been a resident of Modesto California in my entire life.

[39:58] I am 40 years old.

[39:59] I have no patience for religion and honestly most of this crap but there is a quote that

[40:06] I would really like to say because it's very relevant right now and that you reap what

[40:11] you sow and what has been sowed is a massive amount of distrust between the data centers

[40:18] and these flock cameras they're ridiculous you guys have already shown not you guys but

[40:24] But the city's already shown that our technologies as far as the

[40:28] flock cameras or whatever you want to call them are fallible.

[40:31] In March, there was a mass data breach and we're just tired of it.

[40:39] We don't need to be surveyed.

[40:40] We're not children, we're a community.

[40:43] And as far as the data centers, like everybody else is telling you,

[40:46] there are massive waste on our resources.

[40:49] If you bring that in, MID will have to build an entirely new grid.

[40:55] And who's going to fit that bill, we will.

[40:58] And who's going to pay for it, we will.

[41:00] It makes no sense to tell us, to water our plants every other day, to conserve energy,

[41:06] to conserve water, and for you to bring in these massive machines that nobody wants, that's

[41:12] going to suck up our power, especially in a time when you could see that the entire world

[41:17] is on fire.

[41:18] there. How long until it's us? Okay? And I'm going to leave it there. The only thing

[41:24] that I want to say is Chris Rikki. I really appreciate the attention that you've been

[41:29] bringing to the animal services agency. All right, you guys have a good one. Thank you.

[41:35] Next is Anthony Dropnick.

[41:40] Anthony.

[41:52] Good evening all. My name is Anthony Dropnick and I'm

[41:55] a proud public school teacher. Today is the first day of school for many children. And

[42:01] And childhood really is a special time, the simplicity, the innocence, it's beautiful.

[42:06] Think back on some of your favorite childhood memories.

[42:10] Back when the word ordinance didn't mean anything to you, back when flock was just something

[42:15] birds did, and back was ice, was just that thing you put in your apple juice on a hot day.

[42:20] The issues facing Modesto tonight may appear complicated, but I really believe that young

[42:25] children would have no problem seeing the simple truths as a matter that I'll be speaking

[42:29] on tonight. And to help reach the inner child in all of us, I think it's time for a story.

[42:36] My childhood favorite was Dr. Sips.

[42:42] In a city of water, contentment in health, where

[42:44] neighborly love is its own form of wealth. A stranger came strolling through the town,

[42:49] in a very fine suit, in a very big crown. He wasn't from here. He wasn't from there. His name

[42:55] was Mr. Greed, and he didn't play fair. Greed looked at the valley and licked his lips wet.

[43:01] He wedded his lips, is wed as they get.

[43:04] He craved dollars and deals and power galore.

[43:07] He shared as he dreamed, more, more and more.

[43:10] First came all the cameras, watching the street, safety cried greed.

[43:14] Surveillance is neat, but folks called out, who owns the pictures they keep?

[43:19] Who watches the watchers?

[43:21] How long did they sleep?

[43:23] Next came agents, with power of the state.

[43:26] Mr. Greed said, excellent, make this place great.

[43:29] But the value replied, you don't belong here, you can't take my neighbor, those are people you're hurting, so much more than their labor.

[43:38] Then data centers rose, as the zones got all redesigned, AI shouted, greed, embrace the future, or get left behind.

[43:45] But farmers asked, who decides who drinks up the water? Will there be enough left to drink for my son or my daughter?

[43:52] Mr. Greed feared the people, together, taking a stand, he'd keep people from protesting.

[43:58] Masks were now banned, but the people did say, you can't do that, we have the right.

[44:04] This is our valley, so get lost, scram, take flight.

[44:09] Mr. Greed shook his head, you people complain.

[44:12] I'm bringing you progress, I'm bringing you gain, but the valleys stood firm and answered

[44:17] instead.

[44:17] your gain isn't progress if we're all left for dead you don't live here you

[44:22] don't farm this ground you don't get to decide the fate of our town so when

[44:27] Mr. Greed comes with another grand scheme don't simply applaud him stand strong

[44:32] as a team show up speak out demand a real say protect our valley and send

[44:38] agreed away. Thank you.

[44:42] Next

[44:50] online

[44:56] is the initial

[45:06] Okay.

[45:09] Good evening, city council. My name is Laura Conner, and I am a concerned community member

[45:14] who is here to echo those who have commented before me, invoiced my opposition to the development

[45:18] of data centers of any kind in our city. In addition to expressing my concerns about

[45:23] the rights of surveillance locally, I do want to acknowledge the city statement, which says

[45:27] that data centers are not in the loud land use under Modesto's municipal code. However,

[45:32] the level of ongoing underhanded activity from North Point Development has been reported

[45:37] by our local journalists is deeply concerning to me and many other residents, especially

[45:42] considering North Point's portfolio.

[45:45] Let's be clear, data centers are a waste of our local resources, whether they create jobs

[45:49] as highly debatable, but what is undeniable is how they can harm our environment, hike

[45:55] up the cost of our utility bills, and how some of them have even been deployed to violate

[46:00] the constitutional rights of civilians by tracking us in a personal data for malicious purposes.

[46:06] I also want to uplift a previous speaker's comment about the breach of data that occurred in

[46:10] which one of MPD's automated license plate reader cameras share data with federal agencies,

[46:15] including customs and border patrol. To this day, I am unaware of how MPD has been held accountable

[46:21] for sharing local data with immigration enforcement. The breach happening at all is unacceptable,

[46:26] especially when we have had our immigrant neighbors snatched up by ice, including at the court house most recently.

[46:32] These automated license plate readers do not promote public safety.

[46:35] They promote the violation of our trust and privacy.

[46:38] In closing, I want to emphasize that the residents of Modesto don't need thousands of dollars poured into data centers

[46:45] or automated license plate readers or the over-policing of marginalized groups

[46:51] or the defense of a discriminatory mask ordinance.

[46:56] We need safety and stability in the form of more affordable housing,

[46:59] more emergency housing, rental assistance,

[47:01] universal basic income and stronger accountability measures

[47:05] to ensure that our police department is not targeting

[47:08] nor complicit in the targeting of immigrants,

[47:10] people of color, poor people, and homeless people.

[47:13] As our elected officials, what you choose

[47:15] or don't choose to invest taxpayer dollars into,

[47:18] you, speaks volumes about your regard for our, for your constituents. I ask that you

[47:22] stand on the right side of history and on the side of the people, ban the building of

[47:26] any data centers in our city, allocate funding to the community, police, review board, and

[47:31] spend more of your time, energy, leadership, and resources on life-affirming solutions to

[47:36] our problems, not one centered on extracting from us, targeting us, or locking us up under

[47:42] the guys of public safety. Thank you. You're welcome.

[47:52] Next is Sidney Waters.

[48:02] Hello. As I'm sure you're aware the idea of a

[48:05] data center building here is when the community doesn't like. We have showed

[48:09] up loud and proud to make sure the council knows that. Many possible issues come

[48:13] with building something like this in a community like ours. With power involved,

[48:17] this data center could occupy 20 acres of space. Data centers of this size are

[48:20] reported to use power equivalent to 25,000 to 50,000 homes.

[48:24] We already have more than one neighborhood being built in the Modesto area.

[48:27] Can our infrastructure handle such a large burden as is, or would the residents be faced

[48:32] with bill hikes because of limited resources and power companies need to build to handle

[48:36] the load?

[48:37] As far as water is concerned, I get a schedule from the city every year telling me what days

[48:41] and times I can water my lawn or wash my car facing a possible notice and fine.

[48:46] University of Georgia, College of Agriculture and Environmental Sciences found a 20-acre

[48:51] data center can use anywhere from 300,000 to 5 million gallons of water per day.

[48:56] Would they be put on similar restrictions, unfair for residents to shoulder the only responsibility

[49:01] for that environmental burden when something like that could be built in our area.

[49:07] We're a farming community at our core, almonds and other nuts, fruits and vegetables, and our dairy

[49:11] are a huge part of not only Modesto, but the Central Valley as a whole, a drought prone,

[49:16] farming heavy, environmentally diverse area like ours does not need or want and can't handle

[49:21] the type of multi-resource drain and environmental changes, something like a data center would bring

[49:25] to our community. District 2 Councilman quoted by the Modesto

[49:28] focus saying with uncertainty comes fear, hesitation, and skepticism. The city has a responsibility

[49:35] to do research on realities, not myths or speculation. We are not uncertain. We are not

[49:40] Not treating this like a boogeyman, we are seeing and hearing the negative effects and

[49:43] realities from places this has already happened, and we, the community, this council serves,

[49:48] say no.

[49:49] The research is abundant and readily available, the community has already done it.

[49:53] I'd like to acknowledge our district three councilman's willingness to hear this community's

[49:56] response and take it into consideration, quoted saying on KCR A3, I'm concerned about their

[50:01] electric usage and the impact on rates that it would have for residents in Modesto, and posting

[50:05] on his Instagram five days ago that he will continue declining meetings intended to lobby

[50:09] before them, data centers. I urge the entire council to also listen to the community.

[50:15] Recently, we also, I believe, had a local high school take part in an MPD low-rider event,

[50:23] a local high school or a local organization actually created an entire MPD-themed low-rider

[50:28] just to recently have a private on-private property low-rider event shut down by the MPD,

[50:35] citing unclear ordinances in the process.

[50:38] I don't feel the need to echo much more information

[50:42] that people have provided regarding flock cameras.

[50:45] The data breach has already been mentioned multiple times.

[50:48] I thank you for your time,

[50:49] and please continue to take all of this into consideration.

[50:51] We are listening.

[50:52] I grew up on the outskirts of District 2,

[50:54] currently live in District 3,

[50:55] and what both Councilmen have to say is very important to me,

[50:58] and I acknowledge and appreciate anyone

[51:00] who's been willing to make public comment.

[51:02] Thank you.

[51:07] Next online is Jessica Cintero?

[51:12] Jessica?

[51:15] Hello.

[51:16] Hi there.

[51:18] I had a question because I came in a couple of minutes I think after you guys started.

[51:25] And you were talking about the data centers.

[51:27] And my question is, did I hear correctly that you said you guys currently are not entertaining

[51:34] I mean, anybody moving forward for the data centers,

[51:38] but then said that you were making or you're looking

[51:42] into making amendments for the city ordinances

[51:44] to possibly include data centers?

[51:47] Is that correct or did I hear that wrong?

[51:51] I can feel, stop it since you did not hear my comment.

[51:55] I can repeat the comment that I made.

[51:58] Yes.

[51:59] So before we move to public comment,

[52:01] I understand there may be many individuals here

[52:03] and online who have concerns regarding data centers.

[52:06] This issue has received significant attention in the news

[52:09] and the city has received numerous comments

[52:12] and questions on this topic.

[52:14] As the city is previously stated publicly and to the press,

[52:18] large data centers are not currently an allowed use

[52:21] under the city's zoning code.

[52:24] Any change to the zoning code would require

[52:26] a formal code amendment process

[52:29] which would include consideration

[52:30] by the Planning Commission, and ultimately come before the City Council for approval.

[52:35] City staff is not working on a proposed amendment to the zoning code to allow data centers.

[52:42] They are exploring-

[52:43] Sorry, in that part are you now working or not working?

[52:47] City staff is not working, all this is related as I say.

[52:51] City staff is not working on a proposed amendment to the zoning code to allow data centers.

[52:56] They are also exploring the need for a moratorium.

[53:01] I want to make sure that everyone understands the city's current position and the existing

[53:05] process before we hear from the public.

[53:08] We always welcome the community's comments and appreciate everyone who has taken the

[53:12] time to share their thoughts.

[53:14] So proceed.

[53:16] Thank you.

[53:17] You're welcome.

[53:19] So from what I just heard you're not working towards an amendment, correct?

[53:24] I just stated it.

[53:26] Okay.

[53:26] Sorry, it's just a little hard to hear on my end, I'm on the Zoom and, you know, any

[53:32] who I just want to, I don't need to give you the same statistics that my

[53:38] neighbors and family and friends whom are there have already stated. We don't

[53:43] want any data centers here. We don't want the flock cameras here. In addition to

[53:49] that, at the end of the day we already are striving so hard to survive as a

[53:56] community in Modesto with all the influx from all the people that have come from the Bay

[54:00] area from other places like original Modesto, Modestans, and the new people that have came

[54:07] here are already struggling hard for affordable housing and things like that, even just our

[54:14] gas prices, electricity, everything. And then just to add this load onto us would be too much

[54:21] for us in our community.

[54:23] So please know that if you want to hear us now,

[54:27] that's on the great touch.

[54:28] And we would love that you didn't entertain any data

[54:32] centers or any further flock cameras.

[54:36] But if you decide not to, then we will organize

[54:39] and we will use our vote to get to people

[54:42] that have the same similar views as us in office

[54:46] in the positions that are going to make the moves in the desk

[54:50] so that we would like.

[54:51] So we're going to just take representative

[54:53] that actually represent us.

[54:55] And that's really all I have to say.

[54:57] Thank you so much for your time.

[54:58] You're welcome.

[54:59] Thank you.

[55:01] Next, I believe, is Kenny?

[55:11] Hello, my name is Kenny Pranetta.

[55:13] I work for the Dodge Chrysler Jeep Ram Recall team.

[55:16] I work for corporate.

[55:18] I work for Moe Par.

[55:19] My job is specifically to locate Moe Par vehicles

[55:22] and get the urgency to recall out of the vehicle as soon

[55:25] as possible.

[55:25] I go down all the way down to Sacramento, all the way up to Sacramento, all the way down to Fresno.

[55:30] I've seen the drought myself.

[55:33] I've spoke to farmers.

[55:35] People have have orchards.

[55:38] And they tell me from first hand that they don't have enough water.

[55:42] These data centers don't need water.

[55:44] There's a guy in Idaho just spoke about these data centers that don't need it.

[55:48] Not even a gallon of water that they use cooling coils to cool down these data centers.

[55:55] and they don't need to be that massive, all right?

[55:58] So, especially flock right now,

[56:00] and they're not even using flock,

[56:01] they're using axon cameras,

[56:03] the same cameras that the MPDs have on their chest.

[56:06] Now, they're not reading license plate,

[56:07] they're doing face recognition.

[56:09] And especially in Wisconsin,

[56:11] they're tracking their ex-girlfriends.

[56:13] And for any women, what are we doing here?

[56:18] But this is going to be inevitable,

[56:20] especially you'll be here in MPD,

[56:21] that's another can of worms, I don't want to open.

[56:24] another can of worms I don't want to open. And I'm being here for a while now. I was with

[56:31] the music scene with Chris Wickey, but playing with with Josh Rosenblum and

[56:35] everything and especially some of those people that didn't even like you Chris. And I'm

[56:40] sitting and I didn't like you being a man, you sure reject me and you started screaming

[56:44] about if I knew who you are. I still don't know who you are bro.

[56:50] This is what are we doing here you guys?

[56:52] This is a small community. Everyone's putting, everyone's putting all their chips in. Everyone here.

[57:01] And you guys are just, what? This is a possibility? Or we're not going to share it yet?

[57:06] Like, are you serious? If we need to vote to get you guys out, we will do so.

[57:14] We will do so. Now I'm talking to you, Ricky. Also too, man.

[57:18] All right, so that's enough of my time here.

[57:22] Thank you.

[57:27] Next,

[57:31] next online is L.

[57:46] Are you there online?

[57:50] I just see the initial L.

[58:04] At this time, I'll go to the next in person.

[58:08] Speaker, and then we will come back to the person online.

[58:12] The next in person is Bill Walker.

[58:17] Bill,

[58:31] you're welcome.

[58:32] I'm Bill Walker, my and my wife, Charlene Friedman-Walker, live in District 3.

[58:37] And we are here to say an emphatic note to a data center in Modesto, whether it's a site

[58:43] that North Porton is eyeing or any other.

[58:46] I'm retired from a career as an environmental policy analyst.

[58:50] Everything I know about toxic chemicals, water, and energy issues raises red flags about

[58:56] the scores of data centers being built nationwide.

[58:59] The evidence is abundant, well documented and I don't need to repeat it.

[59:05] But one thing that has not yet been pointed out is that these systems that run these data centers

[59:11] use the notorious forever chemicals that once you're in your body they stay in there for a lifetime.

[59:19] A Modesto focus and they of course also use huge amounts of energy.

[59:23] the focus investigation found that even a so-called small data center would use

[59:28] enough energy for 25 to 50,000 homes. But there's another issue here. Developers

[59:34] are racing to build these monstrosities behind our backs. In Gilroy, Amazon is

[59:40] completing a 400,000 square foot data center that was greenlighted without a

[59:45] single city council vote. We appreciate that here some of the council members

[59:51] have made us aware of North Point's lobbying. But ask yourself, if big tech

[59:57] goes to such links to...

[1:00:00] To keep these projects secret, what is it that they don't want us to know? Data centers are built

[1:00:06] to power AI applications that go far beyond today's chat GPT, uses that will further divide

[1:00:13] our society into halves and have nots. The New York Times reports that the tech lords waging

[1:00:20] the AI arms race believe they have only a few years to get rich before the awesome jobs

[1:00:28] to AI creates a permanent underclass.

[1:00:31] By trying to put a data center here that will employ very few people, but only create

[1:00:37] profits for Silicon Valley, they clearly see us as part of the underclass.

[1:00:42] We may not be able to stop what's coming, but we don't have to help it along.

[1:00:47] Thank you.

[1:00:48] You're welcome.

[1:00:56] Next online, we have Sam.

[1:01:03] Hello.

[1:01:04] Can you hear me?

[1:01:05] Yes.

[1:01:05] We can hear you.

[1:01:05] Okay. Okay. I am just going to say a brief unprepared statement. I personally do not feel

[1:01:17] trust in Modesto's City Council. I swatched the whole thing with the mass

[1:01:28] ordinance happened, play out last year. Several people came out to comment and expressed

[1:01:40] their discontent with Modesto's mask ordinance. The ACLU threatened to sue the City of

[1:01:51] Modesto, and they're doing it now, and they've already received a preliminary injunction,

[1:01:57] which is not a good sign for the beginning of Modesto's defense.

[1:02:02] Not to be all-end-all, but it's not a very good sign.

[1:02:07] And it just reeks of that you all don't represent the people.

[1:02:17] you're all are not establishing trust in the people and with this AI data center coming

[1:02:24] up and you all kind of giving us wishy-washy language of oh there's no legal way for it to

[1:02:32] happen right now but there's also two data centers already in Modesto right now and we

[1:02:40] you're just not instilling confidence in us. We don't trust you to not put

[1:02:53] up a data center and I think that says a lot. Even if there's no plans to not

[1:02:57] put it up a data center, we do not trust you all to defend us right now. And we

[1:03:02] need to see that. We need to see you all defend us in this. Thank you. Right, you

[1:03:08] Thank you so much.

[1:03:09] You're welcome.

[1:03:15] Next in person is Wendy Smith.

[1:03:23] Hi.

[1:03:24] I am Wendy.

[1:03:26] Thank you for listening to me for a few minutes.

[1:03:28] I don't have anything prepared exactly, but I appreciate the information my fellow citizens

[1:03:33] have given you.

[1:03:35] I work hard every day, so to a lot of other people who aren't here, I'm representing them because

[1:03:42] we work and get home and we're tired, so I really had better things to do tonight, but it

[1:03:47] actually became important for me to be here tonight because I was disturbed by the information

[1:03:53] you dropped on social media saying that you know people were calling you, bothering

[1:03:59] you. People were, you know, you gave us the spiel that you've given us here which is,

[1:04:06] you know, the code doesn't currently allow it. You understand that's not too terribly relevant

[1:04:11] because it can be changed.

[1:04:13] So I'm here to say for those of us good people that are working hard,

[1:04:19] I encourage you in the positions that you've taken, the titles that are in front of me,

[1:04:26] that you work hard for us, that you put your back into representing us.

[1:04:32] We are here clearly saying we don't want data centers.

[1:04:35] So I'm here to say, put your back into it.

[1:04:38] Don't be passive, stand up, speak loud, speak broadly, put into the public, what position

[1:04:48] you are going to take, put into the public, social media, news is here, TV may come

[1:04:55] asking for something, please say you will, not allow data centers to be here, please take

[1:05:03] a position, please make that clear. I encourage you to use your role to do for us, but we can't

[1:05:11] do as individuals to represent what we want because that is your job. I'm encouraging you

[1:05:18] to be strong, to be loud, take a position, make it difficult for anybody who has the idea they're

[1:05:24] going to be here. Make that your PR statement you put out there. Make that what you have to say.

[1:05:29] Okay, make it clear that you're going to make it difficult for anybody who thought they're

[1:05:33] going to come here.

[1:05:34] You're going to oppose it legally, you're going to oppose it with the code, you're going

[1:05:37] to make it difficult, you're going to make it take a long time, you're going to make it

[1:05:40] cost a lot of money, whatever it takes.

[1:05:43] What I want is for you to speak for us and say for us, we don't want data centers here

[1:05:50] and you're going to do everything in your power to make sure it doesn't happen.

[1:05:54] I encourage you to do that as a citizen, as a member of this community,

[1:06:00] representing the other people who aren't here tonight, because they're at work working hard.

[1:06:04] Please work hard for us.

[1:06:06] Thank you.

[1:06:13] Next I see Lee.

[1:06:22] Hello, hello. Can you hear me?

[1:06:23] Yes, we can hear you.

[1:06:26] All right, I am also with these swath of people voicing their concerns in regards to these data centers being built.

[1:06:34] Now, I also cannot speak for your intention.

[1:06:38] I can only speak for what evidence we have to go off of.

[1:06:42] And I can agree with many of the other community members

[1:06:44] that you are not building any confidence whatsoever,

[1:06:47] especially with how you handled the mask ordinance,

[1:06:50] how you handled the brutal assault attempted murder

[1:06:53] of Carlos Fernandez.

[1:06:54] In the fact that you haven't launched a single investigation

[1:06:56] or demanded more of NPD,

[1:06:59] and even in your police review,

[1:07:01] We were not doing enough to really instill any trust that you're going to defend community

[1:07:06] members against this injustice, against this corruption.

[1:07:10] However, I would like to give you the opportunity to clarify and ask this question, I hope

[1:07:16] not in vain.

[1:07:17] What are you planning to do to honor these requests made by your community members?

[1:07:21] Are you guys already planning to make another meeting to hear more about our requests?

[1:07:25] are you going to make a form that we as citizens can fill out so that you can quantify the amount of people who are against this?

[1:07:35] What are your guys' plans in order to honor these requests against, you know, beyond the moratorium of AI data centers?

[1:07:43] Because like you said, the key word and your release statement is currently there is no code allowing for the building of AI data centers.

[1:07:51] But we also know that these, like North Point, they're very, very corrupt and they'll do

[1:07:57] all these shady backhand deals and who knows how much they, you know, promise you'll

[1:08:02] forget if you do side with them, but not really much are going to make if you get voted

[1:08:07] out.

[1:08:08] So, there you go, please, it's my question, is that all possible.

[1:08:15] Thank you.

[1:08:17] Is that the end of your comments?

[1:08:22] Yes, it will be for now.

[1:08:23] All right.

[1:08:27] Thank you.

[1:08:31] This

[1:08:34] next person is Beverly Sullivan.

[1:08:39] Beverly Sullivan.

[1:08:52] Good evening. This is my first time at a meeting and I understand everybody's concern because it's my concern and I'm glad that my neighbors all came out in full force against the data centers.

[1:09:04] I also want to address the flock of lights also that is an issue in our community.

[1:09:12] Here in Modesto, I just basically want to have a nice community, be safe in my community.

[1:09:21] Now I have to worry about water every other day, have to worry about my PG&E bill being

[1:09:27] too high.

[1:09:28] I cut back as much as I could.

[1:09:30] I can't cut back anymore.

[1:09:32] These data centers.

[1:09:33] I understand it's not healthy for our community and I want a healthy community.

[1:09:39] I want to be able to have my grandkids here, be able to live in peace and be able to

[1:09:46] have, be happy.

[1:09:49] And I'm all of, every time I turn around, it's always something going on.

[1:09:53] I can't rely on my politicians or my community leaders to take care of our community to make

[1:10:00] Make sure that we have everything taken care of, but that's going to do a lot.

[1:10:05] They clean our streets for us, they pick up our trash, I do appreciate that because

[1:10:11] I have been to other cities where they don't no longer have streets sweeping anymore.

[1:10:17] And basically I just want you guys to understand, you need to take care of the community, that's

[1:10:24] why we elected you, is to take care of our environment.

[1:10:28] make sure that we have good running water electricity don't let these corporate

[1:10:34] companies come in and take over and and just run us out over prices we can't

[1:10:40] afford that anymore it's not like it was in the 60s and the 70s everything is

[1:10:46] more expensive and you get less we can't even go shopping everything has to be

[1:10:49] done online and you can't even just go and pick out certain things you can't even

[1:10:55] go to a fabric store anymore. They're closing that down. It just came to the point where we have

[1:11:00] to shop for everything online and it's just getting unbearable for, especially for senior citizens.

[1:11:08] A lot of us, we can't just go out and do everything on the computer. We need to touch these.

[1:11:14] We can't just change. These data centers are changing everything for us. And also I want to address

[1:11:21] in my neighborhood because I went in on record. I have roundabouts. We need some cross lights

[1:11:29] on our roundabouts. It's too dark. Kids come home from school. Cars are going really fast

[1:11:35] around around about and they're going to end up hitting somebody. So I want to, I don't

[1:11:40] know who I need to go to but I need to address having street lights for crossing in our round

[1:11:46] about in my neighborhood. All right. Thank you. All right. Excuse me. Alison with Connect with you.

[1:11:54] Thank you.

[1:11:57] Online, I do not see another person online. Okay. In person, Susie.

[1:12:15] I hate doing this. Okay.

[1:12:17] Thank you for listening to me. You're welcome. I did. I was reading articles and I was doing a lot

[1:12:23] of research for my comments tonight. But I'm still in post-sets this brain fog, so I'm just going to speak

[1:12:30] from the heart. I came several times to speak out against the mask ordinance because it's

[1:12:39] dangerous for people who speak out against our current federal regime. And I was worried

[1:12:45] about us going farther and farther into a surveillance state. So I was worried about

[1:12:52] the federal government, but look what's happening in Modesto. So we have cameras everywhere

[1:12:59] are now. We went from 30 to 100 very quickly. Some of them might be basic surveillance and

[1:13:06] license plate readers, which are bad enough, but my understanding is that for some of

[1:13:11] the cameras, very quickly buying the right software, they become facial recognition cameras.

[1:13:17] And we know that that technology is notorious for errors, especially recognizing faces of

[1:13:25] people of color.

[1:13:29] So what I ask is that you carefully look at the MPD budget and don't allow

[1:13:36] any more purchase of software or cameras. We have plenty. In fact, I'd like to get rid

[1:13:41] of them. Make sure that our data isn't being shared even accidentally through the Fox

[1:13:49] system or any other system. So that was my main thing. But since everybody's talking about

[1:13:55] the data centers. I'll just take a minute to say thank you for your clarification about

[1:14:00] the ordinance about data centers but municipal codes can be changed so I don't think that

[1:14:05] will stop them. There is too much money that can buy votes and I don't want data centers

[1:14:14] here. Thank you. Thank you. You're welcome.

[1:14:23] Next is Susan Azavito.

[1:14:28] Yeah, I thought I saw

[1:14:30] her leave.

[1:14:33] Okay. I'll save hers until the end in case she returns. Next is Shell.

[1:14:55] Shelter and this is

[1:15:00] A great opportunity. There are a lot of teachers who've spoken. A lot of people are here. It's a great opportunity to invite everybody to read extensively and understand AI, which is a brand new industry, biggest industry ever. And these data centers.

[1:15:27] and I won't go through all of the things that they do that are detrimental, but I would

[1:15:36] invite you to read those things and really understand it and have the teachers invite

[1:15:42] their students to do the same because this is a real watershed moment what's going on

[1:15:49] and society. Now I've been here for almost 80 years and every single thing that is sold

[1:16:00] to our community is always predicated by this will create jobs, jobs. Well this one's

[1:16:10] different, because this one eliminates them. And every day, I read about, about, about

[1:16:20] huge companies, and most of these guys were in the front row at the inauguration. Some

[1:16:27] of America's finest citizens with your interest in hearts. But anyway, they are doing things

[1:16:36] every day that you read where these companies just laid off 5,000 people. But they

[1:16:44] shifted a lot of their employment who were in AI to figure out how to cut more

[1:16:54] jobs within their companies. That's what's going on. But it's these people have

[1:17:04] a lot more power than we do. One of the things that they do is operate under NDAs, which

[1:17:13] is important to all of us here. Because in a community like ours, power is scarce.

[1:17:21] They can make deals with the power companies. To get their volume for a cheaper price, the

[1:17:30] the cost has shifted over to us.

[1:17:32] And we don't even know that.

[1:17:34] But these are really important issues.

[1:17:38] And I hope that everybody here will really read and understand

[1:17:45] what the stuff is before you make any decisions.

[1:17:49] Thank you.

[1:17:53] Yep.

[1:17:54] Mm-hmm.

[1:17:55] Excuse me.

[1:17:56] Next is Luis Campos Garcia.

[1:18:04] Good evening, everyone.

[1:18:06] I am a modest resident working in the creative industry and I'm here to express my concern about the possibility of data center being in

[1:18:16] study here in Modesto. People have expressed already many of those concerns about the environmental impact, the cost of utilities and I am also concerned because

[1:18:30] Because these AI-run centers, AI technology was created on a stolen work, the work on many

[1:18:39] creatives like myself, artists, designers, photographers, filmmakers, musicians, performers,

[1:18:47] writers, researchers, the work was used to train these AI, and that is not something that

[1:18:55] is creating more jobs for the creative industry,

[1:18:58] to the contrary, it's creating jobs all around California.

[1:19:02] And the creative industry is one of the principal money

[1:19:09] producers here in California.

[1:19:11] We want to keep it that way.

[1:19:14] And also taking care of what is left of the natural resources

[1:19:19] that we have here in California, in Modesto,

[1:19:23] Also, especially since we have one of the main rivers running here in California to

[1:19:27] all me river going, running through this city, and how we're going to keep these resources

[1:19:34] for the future generations.

[1:19:36] Thank you.

[1:19:37] You're welcome.

[1:19:38] Just the last thing, I am supporting a moratorium at least for no data centers here in Modesto

[1:19:47] and Van will be better.

[1:19:49] Thank you.

[1:19:49] You're welcome.

[1:19:50] That

[1:19:53] is Leah Huffett.

[1:20:07] Hi there.

[1:20:09] Thanks for the time.

[1:20:14] Say noted data centers for these reasons.

[1:20:19] It's well known that data centers are unhealthy for humans and other living things.

[1:20:24] AI for which many data centers are built is a poison that displaces workers.

[1:20:30] A.I. is dangerous for the world, and many A.I. scientists are afraid of A.I. itself.

[1:20:37] A.I. is part of the military industrial monster creating robots for battle and

[1:20:43] computers who kill and who knows what else.

[1:20:51] No regular American benefits from A.I. only the very rich.

[1:20:55] Maybe data centers belong in their swimming pools over in Menlo Park and

[1:20:59] surrounding communities, keeps that garbage out of the valley.

[1:21:03] We need to protect this land and our communities.

[1:21:08] Second and moratorium in a ban is necessary now and forever as far as I'm concerned.

[1:21:20] I need complete complete information that's easily understood on how to easily

[1:21:26] be surveilled and keep up to date on the status of any data center is that is planned,

[1:21:32] discussed, even thought about, and I expect that from you all because as it's been stated

[1:21:41] before, it is very hard to trust and no trust has been established.

[1:21:45] And also I just need it and no legal ease should be should be used when expressing any plans

[1:21:56] or anything. This includes any opportunity to comment, weigh in, anything at all.

[1:22:04] So, this public participation is amazing and I'm impressed and humbled by how smart

[1:22:10] everybody is that's spoken before and I just am amazed and just yes. Also, a band should

[1:22:18] have been an automatic no-brainer without us saying anything because

[1:22:25] you're our elected

[1:22:29] representatives and if you think about what our needs and wants are, you're going to

[1:22:33] know that this is anti-person, anti-human, anti-regular person, AI, and a data center, especially.

[1:22:43] And I probably have one more. Oh, keep in mind, this is not a partisan issue or

[1:22:50] our left and right issue.

[1:22:52] Pretty much all the people are in agreement,

[1:22:54] so you're not going to be able to divide us

[1:22:56] and neither is anybody else anywhere.

[1:23:00] Thank you.

[1:23:06] Next is Teresa Gamboa.

[1:23:18] Good evening, mayors, Wallen, council, members,

[1:23:23] city managers, city attorney, and members of the public.

[1:23:26] My name is Teresa Gamboa.

[1:23:29] I'm the chairwoman of Woodland West Community Neighborhood

[1:23:31] and I'm a neighborhood watch leader.

[1:23:33] Thank you for allowing me to speak tonight.

[1:23:37] I wanted to thank you, Mayor Zualin, and Council Member Alvarez, and Council Member Ricky

[1:23:43] for coming to my National Night Out event last Tuesday night.

[1:23:48] It meant a lot to me, and it meant a lot to our neighbors.

[1:23:53] As you know, it's my favorite day of the year.

[1:23:57] 174 of us gathered that night for a food and fun.

[1:24:00] It was a great evening despite the heat.

[1:24:04] I would also like to thank our assistant city managers.

[1:24:10] Sonia, Chief Gillespie, Captain Meredith,

[1:24:13] all the lieutenants who came.

[1:24:15] The CSI unit came and that's always a big hit with the kids.

[1:24:19] It's a very interesting unit and they love it.

[1:24:22] I want to thank the Modesto Fire Department.

[1:24:25] The kids love the firefighters and they love exploring their truck.

[1:24:30] Our next event will be Family Fund Day on Saturday, September 19th.

[1:24:36] I don't have a flyer yet, but I'm hoping that some of you will come.

[1:24:40] It's a fun event, right?

[1:24:42] So it seems that everybody is united against data centers and

[1:24:48] maybe an over farmland.

[1:24:49] But thank you for hearing me.

[1:24:51] Have a nice evening.

[1:24:52] Thank you.

[1:24:54] Next is Steve.

[1:25:05] Thank you.

[1:25:06] Thank you.

[1:25:11] I just want to start by reminding you.

[1:25:15] I don't know if you guys know this, but we're in a relationship.

[1:25:19] I didn't like, you know, change my Facebook status or anything.

[1:25:23] But you are supposed to be for us.

[1:25:28] You should think of us as Bay, which stands for, what is it again, beyond ever?

[1:25:34] I haven't actually.

[1:25:36] Yeah, I know that.

[1:25:37] Trust me.

[1:25:38] I knew that.

[1:25:38] Okay, but I wanted to say that I remember when you guys approved, as you always do, Brennan's

[1:25:49] requests, Brennan's demands, basically. I remember when Flot King Modesto,

[1:25:55] and I remember what was going through my mind, and it was discouraging, and I thought,

[1:25:58] well, hell, we've been coming down to City Hall every week for months to beg you to stop your

[1:26:04] their cops from murdering us, and you cited with the animals in the back of the room because

[1:26:09] that's just how you are.

[1:26:13] You're not Doc Holliday, Chris.

[1:26:15] That was a nice, nice try.

[1:26:19] This is about, it was mentioned earlier tonight.

[1:26:24] This is about the haves and the have-nots, okay?

[1:26:29] The reason that there was not a big reaction to when you guys started the flock contract

[1:26:37] when that went into play is because nobody knew about it.

[1:26:41] I didn't know, but I remember thinking that song going to go well, but I mean, I was already

[1:26:46] thinking, I got to go home, I got to get away from these monsters.

[1:26:49] It's very stressful to come down here and plead with my political leaders to give a damn

[1:26:55] about human life.

[1:26:56] and I don't even have time to go into all the nonsense.

[1:27:01] You threatening me, telling me to meet you

[1:27:04] in the parking garage, Mr. Bavaro, you clown,

[1:27:08] still witnessing it and branding witnessing it.

[1:27:12] You guys talk all the time about trust.

[1:27:15] This is a wonderful opportunity for you guys to build trust.

[1:27:19] Who would like to motion that we put

[1:27:22] ending the city's contract with flock on an agenda?

[1:27:26] Let me read this really quick because I know how much you like to lie about the Brown

[1:27:30] Act, Sue.

[1:27:33] Public comment period, three minute blah, blah, blah, okay.

[1:27:38] Council members may respond in matters being presented under this item, only as follows.

[1:27:43] Briefly respond to statements made or questions raised.

[1:27:46] Ask a question for clarification, provide a reference to staff, or other resources for factual

[1:27:53] information.

[1:27:53] D, says request staff to report back at a subsequent meeting, and E, finally, a council member

[1:28:01] or the council itself may take action to direct staff to place a matter of business on a

[1:28:06] future agenda. Which one of you has the co-honies to go ahead and motion that you put on the

[1:28:13] agenda discussion in the contract with Flock and to make a moratorium to on data centers

[1:28:19] There's not being filmed, has still.

[1:28:22] Who is going to step up?

[1:28:23] I know you're farming likes.

[1:28:25] You're out there trying to get fans.

[1:28:27] Chris, why don't you be the one?

[1:28:29] Step up.

[1:28:30] All right.

[1:28:31] Who's going to do it?

[1:28:32] All right.

[1:28:33] Who's it going to be?

[1:28:34] All right.

[1:28:36] Who's it going to be?

[1:28:37] Next is Sean.

[1:28:42] Sean.

[1:28:42] Next.

[1:28:44] Excuse me.

[1:28:44] Sean.

[1:28:48] Sean.

[1:28:51] Okay.

[1:28:52] All right.

[1:28:52] We'll get the online person next after this person in person.

[1:29:08] Hi there.

[1:29:09] I am Sean OK.

[1:29:11] I'm 20 years old.

[1:29:13] And I've lived in Modesto my entire life.

[1:29:17] And we were in drought for most of my adolescence.

[1:29:22] In no complex terms, a North Point Data Center will kill Modesto.

[1:29:30] We don't have the water resources to uphold them.

[1:29:33] And it's not even about the water it uses, it's the water that we can't get back from a data center, because these companies don't just use water to cool their server rooms.

[1:29:45] They treat the water with chemicals that they don't take out before they put it back in the water supply.

[1:29:50] And those chemicals make the water unusable for humans, for animals, for plants, which means we can't use it.

[1:30:00] To water our crops. Modesto is, as you know, an agricultural town. We need the water for our crops, or else this town will die.

[1:30:11] And I honestly find it frankly disturbing and insulting to the heart of Modesto, the soul of Modesto, a town full of art and diversity and community, for to be even a consideration for an AI data center to be built

[1:30:32] in this town, which AI is antithetical to every principle that supports human art.

[1:30:43] And I am also frankly disappointed in my city council and in my mayor that this is the

[1:30:50] first city council meeting I've been to and barely any of you have managed to answer

[1:30:57] any of our questions that we've posed to you because I'm sure you all know

[1:31:02] what a damning non-answer means.

[1:31:07] And finally, I'd like to address the presence

[1:31:11] of flock cameras in our community. As my former high school psych teacher

[1:31:18] already showed you the importance of stories, I'm going to tell you where the

[1:31:24] word Palantir comes from. It comes from a story written in the 50s by J.R.R. Tolkien. The

[1:31:31] Palantir is the magic orb that the evil wizard Sauron uses to spy on the

[1:31:41] protagonists, the fellowship of the ring, in this story. And Sauron is also the

[1:31:47] one who clear cuts forests to fuel his forges of war.

[1:31:54] I yield the rest of my time.

[1:31:55] We will

[1:32:05] hear from one more person online and then we will take a break, which I will

[1:32:11] announce.

[1:32:12] Next is Lydia Online.

[1:32:18] Good evening, city councilmembers.

[1:32:20] My name is Lydia and I have lived in Modesto all of my life.

[1:32:24] This is the first city council meeting I've ever been to, like the previous speaker.

[1:32:29] I'm here to express my concern with the possibility of a data center being built in Modesto.

[1:32:33] So, currently there is talk of one possibly being built on graphics up new or graphics

[1:32:38] drive, which is less than a mile from where my family and I live.

[1:32:42] Data centers consume vast amounts of water to cool their cooling equipment.

[1:32:46] Will the millions of gallons of water for this data center be imported?

[1:32:50] No, they're going to come from our water supply.

[1:32:52] The water supply, the community, the supply that is very much limited, so limited in fact

[1:32:57] that the city of Modesto has a watering schedule for as long as I can remember.

[1:33:01] With Modesto already rationing and trying to reduce water consumption, it's irresponsible

[1:33:06] and unethical to allow a data center to drain our water supply.

[1:33:11] A direct quote from the City website is, conserving water year round and help reduce the effects

[1:33:17] of drought in our daily lives.

[1:33:19] Consuming less water on average minimizes water waste and protects our underground aquifers.

[1:33:24] So having a data center in Modesto using millions of gallons of water would, by that statement,

[1:33:30] increase the effect of drought in our lives, increase water waste and

[1:33:34] endanger our underground aquifers. I also want to express concern over the

[1:33:38] statement that was issued on August 6 claiming that data centers are not

[1:33:42] allowed land use under the city's municipal code. However, if that's true, why are

[1:33:47] there already two small data centers in Modesto? In fact, both of them are on

[1:33:51] this street. Ayara technology is just two blocks away. So if that statement tried to

[1:33:56] calm community concerns, it was unsure when honestly made me even more concerned.

[1:34:01] Either it was ignorance about the data centers here, or was intentionally misleading.

[1:34:06] I hope it was not the latter.

[1:34:08] Despite there already being two small data centers here, their primarily network facilities.

[1:34:13] But most importantly, they're tiny in comparison to the 20 acre area at graphics drive that

[1:34:18] North Point is interested in.

[1:34:20] They're trying to build a data center 25 to 50 megawatts, which would use the same amount

[1:34:25] of energy as 25,000 to 50,000 homes.

[1:34:29] We do not have the capacity to power that.

[1:34:32] We barely have the capacity to power the buildings

[1:34:34] we already have.

[1:34:35] In fact, last week, MID was offering a discount

[1:34:38] to those who reduced their energy consumption

[1:34:41] during peak hours.

[1:34:42] If a data center were to be built,

[1:34:44] it would stress our energy infrastructure

[1:34:46] causing power outages and higher energy prices for us.

[1:34:50] There is absolutely no public benefit to data centers,

[1:34:53] and it is your responsibility to not allow this to happen to our community.

[1:34:57] Please do the right thing and be on the right side of history.

[1:35:01] Thank you.

[1:35:01] You're welcome.

[1:35:04] All right.

[1:35:06] We will take a eight-minute break and return at 7-10 pm.

[1:35:11] Thank you.

[1:43:41] We'll resume the meeting.

[1:43:44] In a person, I have Sophia O'Hara.

[1:44:05] I'm here in opposition of the potential Modesto AI Data Center.

[1:44:09] I oppose AI data centers in whole, but I especially believe that AI data center in the

[1:44:14] Central Valley would be particularly catastrophic and would be counterproductive in all ways.

[1:44:21] AI data centers suck up immense amounts of clean drinking water, which would dry up all

[1:44:28] of the agricultural crops that make up the Central Valley, which is already a heavily

[1:44:33] drought-prone area.

[1:44:35] This would ruin both farms and the life that inhabit them, therefore dwindling

[1:44:41] produce output from the central valley to the rest of the country and to its

[1:44:45] community. All life in the central valley would be deprived of drinking water, you, I, and everyone we know, you will neglect

[1:44:55] In fact, in paulvers' neighborhoods first, as Paul said,

[1:45:07] I urge the council to heed to these warnings. We are not asking. We are demanding.

[1:45:54] Yes, just when you said hello.

[1:45:58] Okay, sorry about that.

[1:46:00] I am, I have a little bit of a different opinion.

[1:46:03] I was going to share tonight.

[1:46:06] Like for my understanding, we've gotten a letter of just asking.

[1:46:16] And with all due respect, I mean, I understand everyone has legitimate concerns,

[1:46:21] power noise water. Those are all legitimate concerns. But we haven't even heard

[1:46:26] anything yet. It's like you know like if someone comes to you and says gee we've

[1:46:33] got you've got a piece of property that we could use and we can pay you for I

[1:46:41] mean there's I mean again there's legitimate concerns but we haven't heard

[1:46:46] anything for anybody. And if you, I mean, everyone's predicting doom and gloom as the end of the world, and you haven't even seen a proposal yet.

[1:46:58] So, so I would just say, you know, keeping open mind technology. I mean, I've been around a long time. I watched and put a man on the moon. And, you know, here we are today.

[1:47:12] technology is not going to stop going forward. It's scary, but it's going to happen. And so

[1:47:22] my opinion is just this. Keep it open mind. I mean, someone sent a letter and said just

[1:47:30] they're curious. Get a proposal. What do they say? How much water are they going to use?

[1:47:42] How much

[1:47:42] bring your own power, bring your own water, have them come up with the solutions, and so,

[1:47:48] or we have what's 40, 50 acres sitting on the side of the freeway,

[1:47:55] that's where they want to put where they have old FMC, or that there was a plan there,

[1:48:01] what's, it's just going to sit for another 40 years, with it not being used, anyway,

[1:48:06] Okay, keep an open mind, and that's my opinion.

[1:48:12] Thanks.

[1:48:12] You're welcome.

[1:48:14] Next is Victor.

[1:48:17] In person, Victor?

[1:48:26] Hi. Can you hear me with us?

[1:48:27] Yes.

[1:48:28] So I actually wrote a bunch of numbers down here, and I realized that they're going to be rather

[1:48:32] used to this because, you know, people all over the country were coming to talk about data centers.

[1:48:37] You know, there are billions of gallons of water going to be used.

[1:48:40] People are going to be without power.

[1:48:42] All these spaces are going to be taken up.

[1:48:43] But I want to talk a little bit about something personal that I have.

[1:48:46] I heard there's a lot of teachers here.

[1:48:48] A couple came up and spoke.

[1:48:50] My myself, I'm not, I'm a full-time student.

[1:48:53] I'm working on a history degree.

[1:48:55] I graduate in Minnesota Junior College just this next coming semester.

[1:48:59] And I don't know where I want to go after that.

[1:49:01] But speaking of someone who has always been very interested in history

[1:49:05] you and someone who cares a lot about it, I don't want to have to teach my future students,

[1:49:10] someone at either college level or anything like that, that, you know, we're all coming

[1:49:14] out today in council meetings all across the country and here in Modesto especially,

[1:49:18] that our voices don't matter. You know, I don't want to have to teach my students that all

[1:49:23] of us are coming here, time out of our day, and we're wasting our time basically, and I, you

[1:49:28] know, I have things that I need to be doing, I need to research what college I want to

[1:49:31] go to what grants I need to do, my mom, she's at home, another thing about the jobs

[1:49:37] that allegedly everyone's going to create, even jobs out here now don't pay

[1:49:41] enough. My mom has to travel all the way to Santa Clara in Sacramento just to make

[1:49:45] enough money for the rising bills that we have to pay. One of the numbers I did

[1:49:49] actually ride down was our electric bill from the City of Modesto, July was 176 and

[1:49:57] now in August has been 200, MID has changed from June of $133 to $217 in just a month.

[1:50:05] So I want to know, obviously I'm not asking a question because I have seen that questions

[1:50:10] do not get us anywhere today, but I want to, you know, why do we, as a community anywhere

[1:50:17] in either Modesto, in any place in the United States, do we have to pay for the data centers?

[1:50:24] Why do our bills have to go out?

[1:50:27] Why does our fear of losing power, of water, of time, and energy of our future jobs?

[1:50:33] I don't want to have to go to whatever school I have and worry about a faulty AI, because

[1:50:38] a lot of these things are failing.

[1:50:40] Every iteration of chat GBT is getting worse and worse, it's getting more inaccurate.

[1:50:45] I'm having to worry about the AI checkers for plagiarism, worrying those numbers are going

[1:50:53] a climate law and that I'm going to have to talk to my teachers, hey, I didn't use

[1:50:56] this.

[1:50:57] I'm just talking differently that may, you know, come up with the millions and millions

[1:51:00] of words they are putting into data centers.

[1:51:03] And it's going to suck that all of us are, you know, with the mass mandate and everything

[1:51:07] that our voices don't mean anything.

[1:51:10] And that hurts to think about.

[1:51:12] I'm already terrified to, you know, go outside as a meeting I have both here and I'm

[1:51:17] I'm from Fremont, and it's something to matter, and I really hope that you do consider

[1:51:25] a ban really, and stand up for the people that you represent.

[1:51:30] Thank you.

[1:51:30] You're welcome.

[1:51:36] Next online is Tim.

[1:51:42] Hello.

[1:51:42] Can you hear me?

[1:51:43] Yes.

[1:51:43] We can hear you.

[1:51:45] All right.

[1:51:45] Thank you.

[1:51:46] I wasn't anticipating responding to a prior comment, but I do want to just say to Jim's

[1:51:52] point about open minds.

[1:51:54] These are not unfounded opinions. We've seen this play out across the country, so I don't want us to get hoodwinked because we had open minds.

[1:52:05] And to be frank, if it's that vacant, that would actually be a better case for the city of Modesto and for its residents to be perfectly honest.

[1:52:13] But that's not what I actually wanted to say. We've talked a lot here. I actually was there in person and I came home because it was actually a little bit easier to join and give comment via Zoom.

[1:52:24] And the upshot that a lot of people have said is that if we are not heard, then we're

[1:52:31] going to vote you out.

[1:52:32] We're going to vote you out.

[1:52:34] And I want to stress you that this is not about electability, this is about livability.

[1:52:38] And you are now presiding over a town with rising costs, with progressive heatwaves, with

[1:52:49] illegal detentions and abductions of our neighbors.

[1:52:52] and now with flock cameras everywhere surveillance state at a potential data

[1:52:56] center that crosses the line and makes Modesto not livable and if you think

[1:53:02] you can make a town not livable for 250 plus thousand people and that will

[1:53:08] wait for two years until we have to vote you out that's not how it works we will

[1:53:14] not be friendly to you in this town we will not want you here anymore we're

[1:53:18] We're not going to smile at you at the store.

[1:53:20] We're not going to wave to you when we drive by.

[1:53:24] I'm not going to, you know, I can imagine kids might be shut.

[1:53:30] It's not going to be good.

[1:53:32] You all have jobs and families to live with and protect.

[1:53:36] You all have a community to look after.

[1:53:39] And if you cannot look after us, we do not have an obligation

[1:53:43] to make Modesto possible to you.

[1:53:45] Thank you.

[1:53:51] In person is Kelly, Kelly, Kelly

[1:54:02] here.

[1:54:04] I don't see anyone coming forward, so I'll.

[1:54:07] Okay, all right.

[1:54:09] Welcome.

[1:54:14] I've loved having the children here.

[1:54:16] Thank you.

[1:54:17] I'm very, very proud to have them here.

[1:54:19] Hi, my name is Kelly Gepley.

[1:54:21] I'm a Modesto resident long time grew up here.

[1:54:25] My, I believe my district is district two.

[1:54:30] And there's been a lot of things that have been said that I really don't want to repeat.

[1:54:37] I do want to say that my son is a huge, huge, both of them are huge fans of Paw Patrol.

[1:54:44] And whenever I talk about the things that are going on, all of the bad things,

[1:54:51] what he says is, mom, we have to go talk to the mayor.

[1:54:56] because in Paw Patrol the mayor can help fix the problem.

[1:55:07] So I would like to

[1:55:08] propose to you guys, I have a very simple question, how are you going to help

[1:55:14] protect us from the potential travesty that is going to be happening.

[1:55:32] It

[1:55:32] doesn't have to just be to the mayor. I know that I said that like you're the

[1:55:35] person to protect us, but it's opened everyone. How are you guys going to help

[1:55:40] protect us.

[1:55:56] Okay.

[1:56:03] I understand that. I've got a minute and 23 seconds left, so I'm just gonna leave it open if anyone else would like to respond.

[1:56:39] You can talk to them if you want, right here?

[1:56:43] Hello, hello, there are some people who really need us, and so we really need, we

[1:56:55] I think the grandma said, because some people are getting killed.

[1:57:03] And kids now are getting alone.

[1:57:11] So just with, I'm so sorry to interrupt you as well.

[1:57:14] Thank you for sharing.

[1:57:15] So I just want to confirm with the last 14 seconds that no one has any response that they would like to give on how they're going to protect us.

[1:57:22] I have eight seconds left so I'm gonna adjust. Thank you

[1:57:32] very much for your non-responsive.

[1:57:40] Online we have Samantha, Beth, online.

[1:57:50] Hello. Hi, so I've been kind of forming my opinion

[1:57:56] throughout this meeting because I've been number one, I do only address that I think it's

[1:58:03] really beautiful that everyone's been coming together into this meeting to speak on our

[1:58:07] community's behalf. And it just kind of shows that we still have hope for the situation.

[1:58:14] And we're trying to like protect our community and preserve it and improve it.

[1:58:18] Instead of just giving up and letting this happen, you know, like we're trying to make sure it doesn't

[1:58:21] happen. So I think one thing that I've noticed is that you guys have been not very like,

[1:58:30] You're not a stronghold for us, you know. You're being like, as of right now, we'd like an ad an AIS center could not be built here

[1:58:39] But what we need is we need a strong no. We need it to be clear that it's not happening because

[1:58:45] These companies when they get wishy-washy answers, they know they can come back and they can keep asking and they could say,

[1:58:51] Hey, let me build it here. Let me build it here

[1:58:53] And then they'll give you some money and then you'll go well that money sounds really nice

[1:58:56] And so you're going to say yes, and then it happens.

[1:58:59] So what we need is a straight no.

[1:59:02] No and AI data center would never be built here.

[1:59:05] In fact, we're going to make rules that make it impossible.

[1:59:10] I think you guys are here.

[1:59:12] You know, you're doing a job where we need you to be our voice

[1:59:15] and we need you to be our will.

[1:59:17] And you're seeing all of these people come together

[1:59:18] and talk about how something is really scary

[1:59:21] and it would be bad for our community and our environment.

[1:59:25] and you know what the will of the people is.

[1:59:28] If you were to do anything other than what they're asking right now,

[1:59:31] you are not doing your job and you're not fulfilling your purpose.

[1:59:38] I think that's about all I have to say, actually, I use my time.

[1:59:41] Thank you.

[1:59:43] Next, Ms. B.

[1:59:53] Ms. B.

[2:00:04] I also have a question for you, Sue, but you'll probably stare at me with indifference. Can I hand one of these? Can I have 10 for each? Am I allowed to do that with you guys like one of these? No, I don't think so. Okay.

[2:00:21] Here we have, I'm here for a different issue today, even though I do agree with everybody

[2:00:30] about the data centers.

[2:00:32] Is officer Halbrick, excuse me, in the house officer, I know the roles too.

[2:00:39] You don't, because we're asking you questions and you're not answering.

[2:00:42] I know the roles.

[2:00:43] I was asking for officer Habrik, because I see some officers back here.

[2:00:51] My fur nephew is being put to death, or probably put to death by the city of Modesto, and

[2:01:00] the investigation that they are using to murder this dog consists of one, two, three,

[2:01:10] four, five, six lines. That is the entirety of officer

[2:01:18] Hobricks investigation.

[2:01:24] You guys are willing to take a dog's

[2:01:26] life based on six fucking lines. I know the rules too.

[2:01:33] I know the rules. Thank you. Based on six lines, the officer,

[2:01:42] he openly admitted to stating that he did not investigate further because he assumed

[2:01:48] and what do we say about assumptions, right?

[2:01:51] He assumed Oakdale PD would take up the rest of the investigation.

[2:01:57] So he did not.

[2:01:59] Let me get through this real quick, according to the American Veterinary Medical Association,

[2:02:04] 56.3 million US households are proud of PUP owners.

[2:02:07] That's over 40% of U.S. homes, statistically speaking, for over 4 of you are a dog owners,

[2:02:14] so y'all should understand how imperative these family members are to the average household.

[2:02:20] I already went over how Rick's been competent to investigation.

[2:02:23] I now want to talk about Kong, who was a dog.

[2:02:27] His petition had over 30,000 signatures, and Sue, you still killed him, shame on you.

[2:02:35] All we are asking is that a competent investigation before using the state's resources to torture and murder our family members,

[2:02:43] to to hire a certified dog behavior consultant to properly apply the Dunbar's Bite Scale before murdering our family members,

[2:02:51] Hobrick admitted to only have using the scale six times.

[2:02:56] He's going to kill this dog and he's used this Dunbar's Bite Scale six times.

[2:03:06] ridiculous and to exhaust all non-lethal options in our municipal code before

[2:03:13] killing our family members. You guys have went straight to murder after six

[2:03:18] lines of an investigation. Shame on you, shame on your incompetence. Chris, I heard

[2:03:24] you're the guy to reach out to for this. What can you do, bro? Help us out.

[2:03:30] Thank you.

[2:03:31] If there's anybody else that would like a petition, please raise your hand and I'll bring

[2:03:34] them around.

[2:03:35] Next and online is Graciella.

[2:03:44] Hello.

[2:03:45] Can you hear me?

[2:03:46] Yes.

[2:03:46] We can hear you.

[2:03:48] Hi.

[2:03:49] I have been a long time resident.

[2:03:51] I grew up in Modesto as a child.

[2:03:54] And I have been an educator for over seven years.

[2:03:58] I am extremely disappointed with the City Council.

[2:04:01] So I recently moved back to help the community.

[2:04:05] I went to college and got my bachelor's degree in political science.

[2:04:09] I really wanted to make a difference in my community.

[2:04:12] And I decided education was the route because in politics,

[2:04:15] I saw such a lack of backbone.

[2:04:19] And I see that displayed here today within the City Council.

[2:04:23] I'm extremely disappointed.

[2:04:25] And I hope to see all of you take a harder stance,

[2:04:28] not just against the data centers and the

[2:04:32] floor cameras, but also against the misuse of

[2:04:35] police brutality and ice. I love the children in

[2:04:39] our community as an educator, and I am

[2:04:42] hopeful that you will do the right thing.

[2:04:45] Otherwise, I make a call to action for the

[2:04:48] younger generation, including my own, to take

[2:04:51] the seats in front of us because this is our

[2:04:54] community too. I yield the rest of my time.

[2:04:56] Thank you

[2:04:59] Next Laura S

[2:05:02] Laura

[2:05:11] here I

[2:05:13] Will oh

[2:05:21] my name's Laura so I said oh on

[2:05:24] I'm the dog owner of the one that Bernadette was previously talking about

[2:05:29] He's my emotional support animal and it has been gone already since May 26

[2:05:35] I don't know what you guys feel about mental health

[2:05:40] but he is detrimental to mine and like she mentioned there is a lack of

[2:05:47] due justice on his part. There was no investigation from officer

[2:05:52] Hobbrek who is the police, animal control police supervisor. You guys all are

[2:06:00] aware of him because I've seen you guys his names on the previous petitions for

[2:06:04] dogs. So this is a continuing issue.

[2:06:09] Dogs shouldn't be killed especially

[2:06:10] especially, like she said, Chris, I believe you're doing a lot of work with the shelter.

[2:06:15] I've seen your name come up multiple times in the post that I've made.

[2:06:19] Other people are asking for your help, so that's what I'm here to ask for, too.

[2:06:24] He's more than just a dog and he wasn't, he was, he was targeted since the first time,

[2:06:34] even the attorney that we had president and I has a payment hearing said that he just kind

[2:06:38] has it out for him at this point and so like I said we're reaching out on behalf of our family

[2:06:45] and the families of other people who have came and impaled to your guys as nature and asked for

[2:06:50] your help. I'm hoping what everyone else is saying that you guys don't help your people and you're

[2:06:57] not for your people. I'm hoping that's not true because like everyone's been saying we're here and

[2:07:03] you guys are supposed to represent us and we're just asking you guys to do that. So Chris,

[2:07:09] like I said specifically, I don't know if there's anything you could do, but your name has been

[2:07:12] popping up significantly on the post that I've been putting on social media. I have been seeing

[2:07:19] that there's changes being made at the shelter. And so if there's anything you could do,

[2:07:26] Officer Harberg was not qualified to make that decision. Like he said, the City of Modesto has

[2:07:32] as over 400 cases, dog bite cases,

[2:07:36] and for him to only have done six

[2:07:39] does not make him competent to do that.

[2:07:43] We're asking that everything else be exhausted.

[2:07:45] If that means he has to remain at home,

[2:07:48] there will be no further incidents.

[2:07:50] He does have a trainer that is also on board

[2:07:54] to take him on when he gets out if he's released

[2:07:57] because right now he hasn't been with us.

[2:08:00] Like I mentioned, these are just issues that shouldn't be the first solution to.

[2:08:06] He's a young dog. He's not even three years old.

[2:08:10] And he's a very loving dog. If someone tells you that their dog is not friendly

[2:08:15] and to not get in their face, that does not mean they still your food,

[2:08:19] which is what this lady's response was.

[2:08:22] We told her he was not friendly and to not get in his face.

[2:08:25] And she still did and said it was her fault.

[2:08:28] and that we just told her, but her story changed at the

[2:08:31] meeting here, and that's what this is a problem.

[2:08:33] So please, thank you.

[2:08:35] Bring our dog home.

[2:08:38] Okay, thank you.

[2:08:39] Next is, oh, online, oh,

[2:08:48] excuse me, oh, online.

[2:08:53] Hello, I'm sorry, I did not know that my,

[2:08:56] I had a different name, flagged in, but my name is Stephanie

[2:09:00] make error and I'm making a public comment. So a couple things were mentioned about the

[2:09:07] data centers that I'd like to adjust. Firstly, I'm against a data center coming here. I

[2:09:14] wanted to say that I appreciate that you guys are taking the public comments and listening

[2:09:19] and hopefully with open ears. We are counting on you. The community is counting on you to

[2:09:26] be the experts in providing the city protections.

[2:09:33] And we have only heard from the news and so much, so much we have heard about data centers.

[2:09:42] We have heard online social media about the situations that other cities are encountering

[2:09:49] with data centers in their community.

[2:09:51] And of course, the priority of our city should be their resources and the people and maintaining

[2:09:59] the health of our community.

[2:10:01] And I know that the many voices that we've heard today are of the same saying, hey, we don't

[2:10:10] want money to take our resources we're filling constraints.

[2:10:14] Some things that are mentioned online from news articles regarding data centers are that

[2:10:21] sometimes they are taking more resources from the communities illegally, tapping into

[2:10:29] water resources that they said that they would not have.

[2:10:33] It is my belief that currently with the knowledge that AI data centers have a tremendous

[2:10:41] This tremendous amount of money and opportunity, they have the funds to be able to establish

[2:10:48] a business of having that as an interventional.

[2:10:53] The problem with that push, with all that funding and money, is that, quite honestly, the

[2:11:03] technology has already changed.

[2:11:05] The technologies have already changed where they can do systems that do not take the water.

[2:11:13] They don't have those new, they can do that in a smaller scale.

[2:11:17] They don't need to have a large space in our community.

[2:11:20] It's just a sign of old technology and it's a sign that is going to cause problems

[2:11:26] like many other communities have faced.

[2:11:28] So I hope that you will again consider those concerns

[2:11:33] and service well. Thank you. You're welcome. Next is Alex.

[2:11:43] Alex in person.

[2:11:49] It looks like Alex,

[2:11:50] A-L-E-X,

[2:11:55] right? I'll call that one at the end in case they're here. Rosalina.

[2:12:07] Rosalina here.

[2:12:08] Okay, great.

[2:12:25] My name is Rosalina. I'm here on behalf of my grandpa Papa. He is an amazing part of our family

[2:12:31] who fills it with an amazing amount of love and happiness. He is just a huge

[2:12:37] lovable puppy who believes in his soul that he is a teacup Yorkie who was

[2:12:42] always waiting for me at the door with such joy and a toy in his mouth so that

[2:12:48] we can play a giant who plays with my grandsons and lets them ride him like a

[2:12:53] pony with no complaints. He has seen my daughter Laura and her fiance Alex

[2:12:59] through one of the most darkest times of their life and is such a huge part of her emotional well-being and has given them her some semblance of peace and hope.

[2:13:10] I found it imbarable to think that the decision to end his life has been taken so lightly by someone who doesn't know him and who clearly has ill will toward Papa from the gecko.

[2:13:21] Officer Chris Hobrick has clearly acted as Judge Jerry an executioner against Papa that is clearly marked by one-sided investigation against him, not one city reach out to question his family who is the only audible voice for Papa.

[2:13:40] I was there when the incident happened, I am witness to the fear in his eyes and confusion

[2:13:47] to what had just happened through no fault of his own.

[2:13:54] I am truly sorry for the injury of this person and I'm not downplaying our responsibility,

[2:14:00] but she was warned about him, not being friendly and about not getting in his face.

[2:14:05] She didn't listen.

[2:14:07] She was warned so why is the only focus being made that the correct words of him being

[2:14:15] a vicious dog not being used negates the fact that she didn't listen to the warning.

[2:14:24] I wish you could have heard her while I was rendering aid to her how she kept saying

[2:14:30] over and over that it was her fault because they had told her about Papa.

[2:14:36] It was her fault she didn't listen.

[2:14:38] And so why is Papa going to pay the ultimate price of his life?

[2:14:43] I just ask that you please help bring our dog home.

[2:14:48] He is so important to my daughter and her family.

[2:14:52] Just please help us get him back home where he belongs.

[2:14:56] Thank you.

[2:15:06] Jack, Gil Stratbar. Jack,

[2:15:17] next is Allen Bergett.

[2:15:35] Dear members of the council, my name is

[2:15:37] Allen, and as a young resident I've lived in in Love Modesto for my whole life. Tonight

[2:15:41] we've heard a lot of incredible talking points against the construction of AI data centers.

[2:15:46] It's effects on our environment and our neighbors in Modesto, and even the impact the construction

[2:15:50] would have on yourselves. The construction of a data center absolutely promises

[2:15:54] is to decimate the future of young people like myself.

[2:15:57] In this matter, we place our future in your hands.

[2:16:00] Equally so, your political careers lay in the hands

[2:16:03] of young people just like myself.

[2:16:05] That fact is something I encourage all residents young

[2:16:08] or old to make note of.

[2:16:09] You say that you currently have no plans

[2:16:11] to build an AI data center, but I would like

[2:16:14] to pose you one simple question.

[2:16:16] How can you as leaders of this city assure young residents

[2:16:20] that there will be no similar plans in the future?

[2:16:23] Because the fact of the matter remains, the amount of effort it would take from these greedy and shady corporations to change this council's plans to build an AI data center is frighteningly small.

[2:16:34] If what has been seen here tonight is all you can provide as assurance, if all you can provide, if that's all you can provide as assurance, there will be no data center, it is not reasonable to place our trust in the members of the council with even a moratorium.

[2:16:51] Frankly, the only way is to push in all of our power for a permanent ban on the construction

[2:16:56] of AI's data centers in our city.

[2:17:00] To the members of the council, I ask you to take some actual pride in our city and

[2:17:04] neighbors and give us the ban we need to assure that our youth have a brighter future.

[2:17:09] So I ask you once more, what will you do to assure us that your plans will not change?

[2:17:20] Anybody can speak.

[2:17:22] I'm

[2:17:47] ready whenever anybody's ready to speak, really

[2:18:19] only hurting your own careers.

[2:18:37] Thank you.

[2:18:38] I believe you proved my point.

[2:18:40] Yes.

[2:18:42] In person is Tatiana.

[2:18:56] My name is Tatiana.

[2:18:58] I'm a constituent of Modesto and have been all my life.

[2:19:02] In your statement, you mentioned there's no active proposal in regards to the building,

[2:19:06] a data center here.

[2:19:08] I'm here today to demand that that doesn't change.

[2:19:11] Councilman, Ricky, in an interview said it isn't 100% impossible.

[2:19:16] So I ask, what can we do to make it 100% preventable?

[2:19:19] What actions need to be taken by all of you to ensure our resources, environment, and

[2:19:25] the residents are all safe?

[2:19:27] I would love to see that added to the next agenda so we can vote and discuss what that looks

[2:19:31] like.

[2:19:32] This conversation is far from over.

[2:19:35] But another threat our city faces is going to be flock cameras.

[2:19:41] It has been discovered that local cameras in our city are feeding into a national network

[2:19:46] accessible to federal agencies.

[2:19:49] An example, Texas officer used 83,000 flock cameras to track a woman having an abortion,

[2:19:55] which was legal in the state she was in.

[2:19:57] This is setting a dangerous precedent that individual state laws don't matter.

[2:20:02] Who's to say this won't be applied to immigration and sanctuary states?

[2:20:08] There are 117 flock cameras in Modesto alone.

[2:20:11] Some facing schools and neighborhoods putting children and families on a database under the guise of public safety.

[2:20:19] If there is outrage for a potential data center, we have to be outraged about the active invasion of privacy the city's contracted flock is.

[2:20:27] More examples of rogue tech in the wrong hands, Cambridge of Massachusetts canceled their flock after they secretly installed two cameras without their knowledge.

[2:20:37] Evanston, Illinois, they terminated after flock attempted to unauthorize

[2:20:43] reinstallation after they canceled. Austin, Texas, audit found 20% of searches

[2:20:48] lacked documentation. This is clear lack of trust with flock in its entirety.

[2:20:55] Security failing, so 67 flock cameras streaming to the Internet without passwords.

[2:21:00] Anyone was able to view live, archive, feed, or delete the data that was there.

[2:21:05] Security Outbreak. Outreach already. The flock pitch is local cameras for local crime.

[2:21:12] Instead, though, they created a national surveillance network where federal agencies can track anyone without city's knowledge.

[2:21:21] And this has already been proven. A hundred cities have canceled their contract with flock.

[2:21:25] They chose to protect the constituents of their city. Will you? Data centers and flock cameras go hand in hand.

[2:21:31] and we say, hell no to both.

[2:21:33] In conclusion, I hope you use your positions

[2:21:36] meant to protect us, to actually create laws that protect us.

[2:21:41] Not just for now, not just for currently, for all ways.

[2:21:46] Or we will vote in people who do.

[2:21:49] Thank you.

[2:21:50] You're welcome.

[2:21:54] Bruce Hammerstone?

[2:21:56] Bruce?

[2:22:06] My name is Bruce Hammerstone.

[2:22:08] I've lived in Modesto since 1965.

[2:22:10] I'm 69 years old.

[2:22:12] and I'm sick and tired of the city attorney here, interfering in obstructing my ability

[2:22:18] to talk to my elected officials, including Jeremiah Williams here and Mrs. Wallen, who

[2:22:23] I went to school with at Davis High School, played with your husband in the alumni game.

[2:22:28] I had an appointment with you.

[2:22:30] I waited a half an hour.

[2:22:31] I just asked to talk to you on the phone.

[2:22:33] I waited a half hour, went into the meeting, scudged with your liaison, and they said, oh no!

[2:22:41] Oh, he had to go to a ribbon cutting.

[2:22:44] Okay, well, let's reset it.

[2:22:46] Nothing, nothing ever happened.

[2:22:48] I don't know if you know what's going on,

[2:22:50] but I've asked to talk to the mayor.

[2:22:53] I've been told, talk to your elected officials about this.

[2:22:56] The problem is, people moved into my neighborhood.

[2:23:00] Two doors down from me, and I never talked to them.

[2:23:04] I never interacted with them.

[2:23:06] I never met them.

[2:23:08] They come out and say, oh, we know him.

[2:23:10] he's crazy, he's out in the street like a methamphetamine, attic, yelling at cars, threatening

[2:23:17] people, it's all baloney, okay? They attacked me, they broke my thumb, they shattered my

[2:23:25] thumb, I've had three operations on it in the hospital, it's crippled, it's never going

[2:23:29] to work again. My legs crippled, they broke my femur, they destroyed my collateral ligament,

[2:23:34] that still has to be fixed supposedly, it's terrible, these people believe it or not, try

[2:23:43] to attack me again a year later, well the police arrested me, I got 9-1-1, the policeman

[2:23:47] showed up within seconds, he was hostile to me and cited me, arrested me and cited me.

[2:23:57] He said, there's not a mark on you, you know, you said they beat the hell out of you, there's

[2:24:02] mark on you and I start to show him well look at my eye you know it's my eye was

[2:24:06] gouged and I he said is that your front door I said yeah because wait right here I'll be right back

[2:24:12] he went over and talked to this guy and this guy is a correctional officer okay blue protects blue

[2:24:20] and that's good because we're a blue family too the mother and my children my grown daughters were

[2:24:27] very successful by the way, was a nurse at the prison up in Jamestown.

[2:24:33] She also burnt babies here for 36 years at Memorial Hospital.

[2:24:38] It

[2:24:43] is a travesty that I'm even having to come up here and talk.

[2:24:51] It's destroying our family.

[2:24:54] These people got a restraining order against me from attacking me every time they come down

[2:25:01] to my house, only two doors down, and attack me. Physically, verbally. Is my time up?

[2:25:09] Yes.

[2:25:11] I'd like to be put on the agenda for the next meeting to address this where I can put

[2:25:18] in a letter like instead of an email, and I'd like an investigation into this ASAP.

[2:25:25] Thank you.

[2:25:26] This man up here.

[2:25:28] Okay, you've exceeded your time.

[2:25:30] And if you'd like to,

[2:25:31] Allison, maybe share her card with you

[2:25:33] and then you can have sure their contact.

[2:25:36] Thank you.

[2:25:37] Yes.

[2:25:38] Next in person is Ann Marie Salgado.

[2:25:50] Hello, City Council.

[2:25:52] My name is Ann Marie.

[2:25:54] I'm a resident of Modesto.

[2:25:57] I would like to read here.

[2:25:58] Yes.

[2:25:59] No AI data centers in Modesto.

[2:26:02] for all the reasons that have been listed before.

[2:26:05] And yes, I'm glad that it is not in the municipal code

[2:26:09] to allow these data centers,

[2:26:11] but if North Point is attempting to negotiate,

[2:26:13] that means they think they have a chance.

[2:26:15] And these companies, they will break laws,

[2:26:17] they will do whatever they can to get what they want.

[2:26:19] So we need you in position of power to fight for us.

[2:26:24] And I think people have a good reason

[2:26:26] to distrust our city council.

[2:26:29] Let me go back in time.

[2:26:30] 6 people were arrested on June 14th at an ICE out protest under the Municipal Code, 4.23

[2:26:39] Section 2, subsection 13, which bans wearing a non-medical, non-religious mask or face

[2:26:45] covering at a protest, as well as banning other items like bike helmets, metal water bottles

[2:26:49] and wooden sticks thicker than a quarter inch.

[2:26:52] People showed up to meetings for 6 months after that, every single meeting asking the City

[2:26:58] Council to repeal or amend this code, citing blatant first amendment violations and how vague

[2:27:03] and unenforceable the mask section was.

[2:27:06] City Council did nothing and said nothing beyond empty platitudes until threatened with

[2:27:11] a lawsuit from the ACLU and even then the amendment that they made that you all made, still

[2:27:17] outlawed face coverings.

[2:27:19] So the ACLU went forward with the lawsuit and won the preliminary injunction, making the

[2:27:25] mask subsection, unenforceable, and the City Council is still pushing back filing an appeal

[2:27:33] against this preliminary injunction.

[2:27:36] The lawsuit has already cost the city over $300,000, and will continue to do so if you

[2:27:41] continue to fight in court.

[2:27:43] And you will lose.

[2:27:45] It is not a coincidence that the city has currently over 100 ALPR, which stands for automated

[2:27:50] license plate, license plate readers, cameras installed. Most of which were installed in the year of

[2:27:58] 2026 as a deflock, which everyone should look up to show a flock cameras and other surveillance cameras.

[2:28:06] You are fighting tooth and nail to force peaceful protesters to show themselves to state surveillance.

[2:28:12] And it is also not a coincidence that the City Council has increased the annual police budget

[2:28:18] it yearly, which is currently at over a million, and votes blindly in favor of military

[2:28:23] great equipment for the police, including surveillance planes and an armored vehicle,

[2:28:28] which was over 500 K. And it's also not a coincidence that any time anyone asks for police

[2:28:36] accountability, it is dodged, we're sent to the police review board, and even when they

[2:28:44] I do make a recommendation, like saying that the mask ordinance should be repealed.

[2:28:49] They were blatantly ignored, right?

[2:28:51] So I ask for police accountability, and no data centers, and no flat cameras, no automated

[2:28:59] license plate readers in our community.

[2:29:00] Thank you very much.

[2:29:01] Have a good day.

[2:29:04] All right.

[2:29:06] I'm coming back for Susan as a veto one more time.

[2:29:11] I don't believe she's here, but I just want to make sure.

[2:29:14] All right. Moving on to Amber Blumgren.

[2:29:22] Amber, welcome.

[2:29:39] Hi. Everybody stated all the facts regarding data centers. You guys have heard every statistic possible.

[2:29:45] I do encourage everybody that's listening to look up Aaron Brockovich's data center website.

[2:29:50] It is indexing everything that's going on nationwide. It's a great resource.

[2:29:55] You can model what we're doing here. We can model after people who have left before

[2:30:05] All right.

[2:30:08] So, I want to let you guys know, not zone for the data centers is not enough. A moratorium is not enough. We are asking for you to ban data centers, put it on the next agenda, and make it loud. And I want to show you that our city is beautifully created. So, here we go. Okay, the work.

[2:30:26] They

[2:30:29] pay paradise, put up a day to spot,

[2:30:38] chat GPT and piles,

[2:30:52] they pay paradise, and put up a day to spot.

[2:30:58] Only I swap,

[2:31:02] I swap, hate any council, but defter will never stop.

[2:31:10] Fighting data centers, leave us water for our crops,

[2:31:33] paradise, don't put up a day to spot.

[2:31:45] Please.

[2:31:52] One comment. You have to be my age to really appreciate that song. Next, Lincoln Jones.

[2:32:10] Welcome.

[2:32:13] I don't know how you guys do it. I'm so cold. Originally, I didn't plan on saying anything because I felt like a lot of people were going to have mostly the same opinion, a lot of the same facts.

[2:32:23] But I think halfway through, I started to kind of perceive that the biggest conversation

[2:32:27] here really seems to be about how afraid everybody is.

[2:32:31] I feel like whether or not this data center goes through, which I feel like it most likely

[2:32:34] isn't because it doesn't feel like it'll help us at all.

[2:32:38] The biggest point is really what will help us because whether or not that data center is

[2:32:42] put there, I mean, we're all still worried about how much it costs for us to have gas and

[2:32:46] water.

[2:32:47] And a lot of people, this is the first time that they've ever come here to try to attempt

[2:32:51] to beg to have a better life.

[2:32:54] And I feel like that hearing people of varying ages

[2:32:58] really parrot these fears with a perception that

[2:33:04] the rest of the world is already like this.

[2:33:06] And people in cities way bigger than ours

[2:33:08] and way better than ours have already succumbed to this.

[2:33:11] If it happens in Modesto, we will just have to leave Modesto.

[2:33:15] And for a lot of people here, there's nowhere between

[2:33:18] you know, LA or the Bay Area for us to go.

[2:33:21] So if something like a data center does move you out of your house, you are really moved

[2:33:24] out of your house.

[2:33:25] And there's nothing else to think about besides that.

[2:33:28] I think a lot of the time in this conversation that a lot of people have been having about

[2:33:34] this data center, I've been wondering to myself, well, if that is the concern, would this

[2:33:38] data center, if it's banned completely, if that's just where you guys go, what does

[2:33:42] that fix for the things that we are scared of?

[2:33:45] How does that change, you know, the day-to-day, like these cameras?

[2:33:49] If there are no flock cameras, the reason that those flock cameras were put up to begin

[2:33:52] with for protection or safety, how does that change the way that the police interact

[2:33:57] with us?

[2:33:57] If we don't like those cameras, we don't like being surveilled, how do we change the system

[2:34:02] in a way that we do feel protected?

[2:34:04] We do feel like, you know, there's a police officer who can actually help you out, because

[2:34:07] when I see those cameras, it reminds me that I don't think about going to a cop if something

[2:34:10] happens.

[2:34:11] I see that camera and I think of when I see a cop, which is, oh, there's one right there.

[2:34:15] and then you try to avoid it.

[2:34:17] You don't go down that street again.

[2:34:20] And it's a daily thing for a lot of people.

[2:34:22] You see it everywhere online if you don't want to see it.

[2:34:25] People have information about these data centers.

[2:34:28] And the place that I found a lot of this information

[2:34:30] I felt like was like deep into the Internet.

[2:34:32] It's honestly kind of impressive how many people know so much about this.

[2:34:36] And it feels like this is the only thing that we can really fight for

[2:34:39] or argue about because there is so much information about it.

[2:34:42] I think, you know, unlike those cameras, there wasn't a moment where we could see something

[2:34:47] in the future coming and ask you guys to prevent it for us.

[2:34:50] I feel like that's, you know, the biggest thing about this conversation is that it is

[2:34:54] a relationship and there doesn't need to be communication and I feel like a lot of people

[2:34:57] feel like our ability to communicate with you guys is difficult and that it doesn't get

[2:35:01] anywhere and that a data center could ask you to put one up and it just goes up versus,

[2:35:05] you know, us begging you to consider it.

[2:35:08] But that's it.

[2:35:10] Thank you.

[2:35:11] Next is Giancarlo.

[2:35:29] Heyo, I am a Modesto resident and another local teacher that's calling on you for the sake

[2:35:35] of your constituents, for the sake of the children, such as the ones that are currently here

[2:35:39] and future children, to permanently ban data centers in Modesto.

[2:35:45] If you paid attention to your constituents today, you would be well aware that we do not have

[2:35:50] the capacity to meet the demands of data centers in our communities.

[2:35:53] Millions of gallons of water annually which would dwarf the use of entire communities just

[2:35:58] like ours.

[2:35:58] An example here is actually Google has one called the Council Bluff Status Center in

[2:36:03] Iowa.

[2:36:04] Use around 980 million gallons of water per year.

[2:36:08] That's similar to any water usage of over 4 million homes.

[2:36:11] We have nowhere near that many homes here.

[2:36:13] We will not be able to meet those demands.

[2:36:16] even after, you know, we're asked to cut on our water and energy uses, okay?

[2:36:22] This would exhaust our energy systems.

[2:36:25] And it will always be at our expense, y'all.

[2:36:28] And at expense of our environment, which faces droughts.

[2:36:33] You should have also heard from your constituents that this will have negative economic impacts.

[2:36:38] Data centers require a few employees, typically low wage and non-technical or temporary positions.

[2:36:44] the only ones who benefit will be tech companies with tax breaks and short-term profits or

[2:36:50] North Point, okay, with his business deal, but we all subsidize the costs. And essentially

[2:36:55] if North Point's lobbying succeeds, and the thing is, is that there would be lobbying,

[2:36:59] the real more accurate word for that is bribing, if North Point's bribing succeeds. Y'all

[2:37:05] here will be forcing us to pay for and witness the destruction of our economy and environment,

[2:37:11] And our descendants are going to experience and witness that too.

[2:37:16] The city should be focusing on making decisions that improve our community and benefit

[2:37:22] our future generations.

[2:37:24] I mean, y'all have done it before.

[2:37:25] The extension of the Virginia corridor that provided more folks access to this space and

[2:37:31] future generations to come as well.

[2:37:34] And the issue is that we shouldn't be approving things that harm our communities.

[2:37:40] Okay, and I'm going to use this to segue here because one thing that the city did that harmed our community was when y'all approved to raise

[2:37:47] $349,000 to defend in court the mask ordinance that was greatly opposed by your community members, okay?

[2:37:55] A court case that you'll waste our tax money on and will most likely lose

[2:37:59] Considering the recent injunction that prevents MPD from even enforcing this ordinance, okay?

[2:38:05] For months y'all for like a year now y'all have constantly ignored

[2:38:09] your constituents and carried on with business as usual about that mass

[2:38:14] ordinance. So I'm asking you all, will you ignore your constituents again, those

[2:38:21] constituents that you are supposed to represent, or will you actually listen to

[2:38:25] them and act accordingly for the sake of us? Thank you.

[2:38:49] evening. I'm not talking about data or any of the stuff going on tonight. My name is

[2:38:57] you, Senior Rodriguez. I am back because the shutdown of public markets continue to

[2:39:04] directly affect me, our vendors, our small businesses, and the families who depend on

[2:39:10] these markets for income. First, I want to sincerely thank Allison for meeting with

[2:39:17] us listening to our concerns and continuing to work forward a solution.

[2:39:23] Tonight, I'm asking the city for a temporary solution, whether it's a

[2:39:28] micro permit, a temporary permit, a pilot program, or permission to operate on

[2:39:35] city property while the city works on a long-term solution. Our vendors are

[2:39:40] willing to meet the requirements we are holding workshops to help them become

[2:39:46] properly licensed, insured, and compliant. We are willing to work directly with the city in the

[2:39:52] county to make sure this is done correctly. Every week we remain shut down means lost income for

[2:40:01] families, vendors, and small entrepreneurs. Give us the opportunity to prove that a safe, organized,

[2:40:09] compliant public market can operate successfully in Modesto. We are ready to get back to business.

[2:40:16] Yes, please help us get the ball rolling. We need an opportunity. We need a temporary

[2:40:22] solution now. Thank you.

[2:40:25] Welcome.

[2:40:27] That is Elizabeth.

[2:40:36] Hi there.

[2:40:44] Good evening.

[2:40:45] So originally I came here to look for some employment opportunities, but I found out about

[2:40:49] this. So I wrote down a last-minute statement that I want to make.

[2:40:56] For as long as I could remember, I've been deeply

[2:40:59] in effectuated with the natural world that we have the luxury of being surrounded by.

[2:41:03] My grandfather taught me to appreciate nature and understand how it provides for our needs.

[2:41:09] Data senders cause impact on not only our jobs, but with our natural ecosystems that exist

[2:41:16] for our well-being.

[2:41:19] My grandpa worked for the Gala Winery for many years.

[2:41:21] I'd hope to have the same opportunities as him.

[2:41:25] Many industries are losing opportunities for the new generations.

[2:41:30] However, our chances of helping are very source of survival of our planet is becoming

[2:41:39] increasingly dim.

[2:41:42] It's becoming so hot everywhere.

[2:41:45] Well, I'm originally from Modesto.

[2:41:47] I went to school in Vallejo and my school had academies.

[2:41:52] I was part of the law academy and my law teacher and I would discuss the already existing

[2:41:59] threats on our environment in 2018

[2:42:07] when a wildfire in Paradise, California caused many

[2:42:12] loss and grievance.

[2:42:16] The sky was black and the sun was red for at least a week.

[2:42:20] we couldn't go outside due to the constant fall of ash and debris and

[2:42:30] from what I've heard from the

[2:42:32] previous statements the data centers seem to cause heat in the environment and affect a lot of

[2:42:43] important things. I go and walks all the time in hikes and I notice a lot of bees just fall to the

[2:42:53] ground and just die because it's so hot outside. And my law teacher left me with a comment

[2:43:01] that kind of stuck with me for a lot of years. He told me that, you know, if the people

[2:43:10] don't do something about it, it's just going to bite them. But not only are economic issues

[2:43:19] at stake, but are environmental well-being for the future generations. Thank you for your time.

[2:43:27] You're welcome. You're welcome.

[2:43:37] All right, next is Manuella.

[2:43:54] Hello everyone. I first want to

[2:43:56] acknowledge that we are on Yo-Kutts land, and I think that's very important when we look at data centers.

[2:44:04] When I was reading the Modesto Focus, some of you said that you were surprised that people are

[2:44:09] mad. And I just think that shows like how divorced you are from us and people on the ground

[2:44:14] and what's really happening in this country. So what I'm going to use is analogy or are saying

[2:44:22] here in Modesto, we're going to look at this to the lens of water wealth contentment health.

[2:44:28] So we already know we've heard the stats on what data centers do to our water. But what I don't

[2:44:35] people realize is that we have water rights here in Modesto. I was talking to an

[2:44:39] M.J.C. Ag teacher today and he mentioned that with our water rights if these

[2:44:45] data centers find out or maybe they already know, they're going to want to flock

[2:44:49] here, huh, flock cameras, which we also don't need. They're going to want to come

[2:44:53] here and take our water because we have those water rights that are long-stage.

[2:45:00] We can not let that happen. Wealth. People are really struggling. AI debt centers bring maybe 12 jobs for people. That is nothing. It only gives wealth to the rich, to the billionaire class who don't care about us, who are willing to kill us and sacrifice us for their profit. The cost of electricity will be out of control. People are not content here.

[2:45:29] So if we want to look at contentment, people are miserable.

[2:45:32] Grocery prices are out of control while these grocery companies are making billions upon

[2:45:37] billions of dollars.

[2:45:39] Gas prices are through the roof.

[2:45:41] And again, these companies like Shell and Chevron making billions and billions of dollars.

[2:45:46] While the everyday people here, your constituents are struggling.

[2:45:50] There are so many unhoused neighbors here.

[2:45:54] Our poor neighbors out on the street, they are not content here.

[2:45:57] And we aren't even helping them out, but we're considering possibly a data center, even though you say you're not, but like clearly we don't really leave you.

[2:46:05] Health, we've talked about the detriment to our health, but it has been proven and shown that where these data centers are built, bees are dying.

[2:46:16] We cannot live without the bees.

[2:46:19] The United States has 2,500 native bees.

[2:46:23] California has 1,500 native bees alone.

[2:46:26] If the bees die, we die.

[2:46:28] If we don't have water, we die.

[2:46:31] Near a data center, the farmers and ranchers have been

[2:46:35] staying that their calves are being still born.

[2:46:38] The huge data center that they want to build in Utah,

[2:46:41] the amount of heat, which again won't be as big as this one

[2:46:44] that might be considered, is the equivalent of every day

[2:46:48] 23 atomic bombs of heat going off. That is horrifying. So, again, do we want water wealth

[2:46:55] contentment health for the ultra-rich, or do you want that for your residents? Thank

[2:46:59] you.

[2:47:00] You're welcome.

[2:47:02] Next is Alissa. Alissa?

[2:47:19] Hello, I didn't want to repeat anything of what was reiterated earlier. My name is Alissa

[2:47:30] My mom was born and raised in Modesto and my grandmother lives here and I wanted to stand

[2:47:33] in solidarity with Central Valley by Pop Coalition and the Mass Coordinates.

[2:47:38] I am a plaintiff on the case, so I won't go into detail.

[2:47:42] But I'm hearing a lot of contention and grievance and there are actors here who work with two and

[2:47:49] a half times who is being investigated by state agencies, by the FBI, and so I just really

[2:47:56] would hate to see that happen here.

[2:48:01] And anyways, my experience with witnessing the state

[2:48:05] violence that has been reinforced by you guys and your bureaucratic process and lack

[2:48:11] thereof, I would hope point of clarification today. Do you guys follow Rosenberg's

[2:48:16] will of order or Robert's will of order because you're not doing either or so you do not

[2:48:21] chair correctly and again these points can also go into a case of you not

[2:48:27] leading and facilitating correctly and that itself is a former state violence

[2:48:30] here constituents here tonight. As organizer of Central Valley by

[2:48:35] Pop Coalition we sit in solidarity with the family of Paul Chavez who was murdered

[2:48:39] by MPD and I only got to know Brittany his spouse for a little bit and she

[2:48:48] She pleaded for her boys and for her likelihood and she died with a heart attack in her sleep

[2:48:55] finding for justice.

[2:48:57] You guys know about the people on the ground who are fighting for our communities, for

[2:49:02] communities of color who already don't have a lot.

[2:49:08] It's not about your career, it's not about your donors, it's about the people that you

[2:49:11] serve.

[2:49:12] And I remember the tit for tat that Eric Alvarez gave to some of the protesters saying in

[2:49:18] emails. What is your why? And so I asked tonight, what is your why? Thank you. You're welcome.

[2:49:27] Next, Pam Bauer. Pam Bauer? She's gone.

[2:49:37] Thank you.

[2:49:41] Ryan Bertson?

[2:49:52] Good evening. I didn't plan

[2:49:55] to say anything that I, this is very unplanned so sorry if it's what off the cuff. This should

[2:50:02] kind of be like a slam dunk, you know, the data center thing, obviously, because you have

[2:50:08] to wonder like, okay, these people are proposing a data center. Who does that benefit, does

[2:50:15] it benefit our constituents? We're all kind of saying no, right? So there should be like

[2:50:20] a pretty clear response unless maybe there's like another reason why you aren't being very

[2:50:26] vocal about it, and just for clarification, they can answer questions, right? But you're

[2:50:31] or not. And I kind of, you can't help but wonder why you aren't answering questions.

[2:50:38] So I kind of think maybe it's because you can't answer questions. I know that you're

[2:50:44] being told not to by the city attorney. But I wonder if there's any other reasons why

[2:50:51] someone kind of just go person to person asking some questions. Mr. David Wright, are you

[2:50:57] you under an NDA by North Point or any other institution that wants to build data centers

[2:51:01] for your Modesto?

[2:51:05] I will just make one statement that this is not a question and answer time.

[2:51:10] It's our time since you asked to listen to you.

[2:51:16] Right, but I want your answers and you are able to answer questions, you are allowed to.

[2:51:21] So go ahead and take some of my time to answer those questions, I am told you okay with

[2:51:24] that.

[2:51:25] Again, I ask you, then I am going to go across the board.

[2:51:27] David, right?

[2:51:28] Have you signed an NDA saying you were by anyone from North Point or anyone else?

[2:51:35] No.

[2:51:35] Okay.

[2:51:36] Jeremiah Williams.

[2:51:37] Have you been as the Senate NDA or have you signed an NDA by North Point or anyone else

[2:51:41] asking to just put it in the center of the Modesto?

[2:51:45] Okay.

[2:51:45] Nick Bavaro.

[2:51:46] Same question to you.

[2:51:47] Data centers.

[2:51:48] Have you signed an NDA saying you can't talk about it?

[2:51:55] Wonderful.

[2:51:56] Joseph Lopez, City Manager, have you signed an NDA saying you can't talk about any of these

[2:52:00] data centers from North Point or any other parties which is in the building of the centers.

[2:52:07] Have you signed an NDA from North Point?

[2:52:11] Interesting.

[2:52:12] Good.

[2:52:13] Jose M. Sanchez.

[2:52:15] Have you signed an NDA from North Point or any other institutions looking to build data centers

[2:52:19] from Modesto?

[2:52:22] Just go ahead and answer if you want to.

[2:52:23] It's cool.

[2:52:26] Chris Rickey.

[2:52:26] Have you signed an NDA from North Point or any other institution looking to build data centers

[2:52:29] from Modesto?

[2:52:31] No, I haven't had any conversations.

[2:52:33] Cool.

[2:52:33] Eric Yolvres, have signed an NDA from North-Foyer or any other institution looking to build data

[2:52:37] finance here in Modesto.

[2:52:39] No, I haven't had a conversation with him.

[2:52:41] Okay.

[2:52:43] You've been paid to come out and speak and ask these particular questions.

[2:52:47] Ridiculous.

[2:52:48] Concerned me as a constituent, best.

[2:52:49] You're going to join me?

[2:52:50] I can get you.

[2:52:51] Rosa, have you...

[2:52:53] Can you answer this question?

[2:52:54] I'm going to ask my questions.

[2:52:55] Are you following me?

[2:52:55] Can you get any?

[2:52:56] Oh, okay.

[2:52:57] We will maintain order.

[2:52:58] I know.

[2:52:59] Head to the question, sir.

[2:52:59] Have I haven't paid? No, I haven't. This affects me. It's a citizen of this town.

[2:53:07] So you can ask us questions, but we can't ask you questions.

[2:53:11] We're conducting the business. We're conducting the people through time.

[2:53:16] We're conducting the people through time.

[2:53:18] Next on the business. Public comment is Christa H.

[2:53:23] Good stuff.

[2:53:25] Hello, I actually want to read from the agenda that we all received.

[2:53:31] This is from the public comment period section.

[2:53:34] Under state law, council members may respond to matters being presented under this item

[2:53:40] only as follows.

[2:53:41] A, to briefly respond to statements made or questions raised.

[2:53:46] First, be, ask a question for clarification and another relevant point.

[2:53:53] Finally, a council member or the council itself may take action to direct staff to place

[2:53:59] a matter of business on a future agenda.

[2:54:02] With that being kept in mind, I have a question for the city attorney if this is a valid question

[2:54:08] that the council members would be able to answer.

[2:54:11] I want to ask each person individually, would you as a resident of Modesto support a data

[2:54:17] center being built here?

[2:54:20] Is that something that they have the ability to answer?

[2:54:27] Jose Sanchez, I'm asking you if they have the ability to answer that.

[2:54:34] Excuse me, I'm conducting the meeting so I've told him that if you'd like to make a comment

[2:54:39] here.

[2:54:39] To discuss, the concern here about answering the questions is that the item related to

[2:54:45] centers is not on the agenda.

[2:54:47] And that's pursuing to the Brown Act.

[2:54:48] When we start engaging in discussion,

[2:54:51] the council discusses an item that's on the agenda,

[2:54:54] that's the violation of the law.

[2:54:55] You are correct that the agenda does have.

[2:54:57] If, for example, there was a clarifying question,

[2:54:59] if you were talking about something

[2:55:00] and a council member needed to clarify a question

[2:55:03] or direct staff to provide you information,

[2:55:05] that would be perfectly valid, just like you read.

[2:55:07] But when we start talking about the actual item,

[2:55:10] as far as are you going to support a moratorium,

[2:55:12] are you going to vote yes, are you going to do this?

[2:55:14] and the council starts interacting,

[2:55:16] then that potentially causes them to,

[2:55:18] they start discussing an item that's not on the agenda,

[2:55:20] agenda is on the document you're holding,

[2:55:22] the actual agenda that the public knew

[2:55:25] is an item going to be discussed.

[2:55:28] When you do that and you start discussing an item,

[2:55:30] then somebody may say, wait,

[2:55:32] I would have gone to that meeting if I knew

[2:55:34] that data center was going to be up for discussion.

[2:55:36] I think that's why you see the caution

[2:55:39] of answering questions just so they could start,

[2:55:42] not start discussing the item.

[2:55:43] But that's it. If the item was agendized, there would be a discussion up here, more robust discussion.

[2:55:51] Okay, so in response to it, thank you for that. Thank you for the clarification. In response to that,

[2:55:56] given point E, that a council member or the council itself may take action to direct staff to place a matter of business on the future agenda.

[2:56:06] Is anyone here willing to do that tonight? Again, left to right. David Wright, are you willing to put it on a future agenda?

[2:56:13] and be that council member that does say.

[2:56:15] I think the original statement that the mayor read,

[2:56:19] that it's going to be on the future agenda down the road.

[2:56:25] I don't believe that was made clear,

[2:56:27] but again, thank you.

[2:56:29] Jeremiah Williams, would you be able to commit tonight

[2:56:32] to making that a future agenda item?

[2:56:37] The item.

[2:56:39] The item in question concerning the data center,

[2:56:42] there's really no deliberation that we've had

[2:56:45] to even bring that up at this point.

[2:56:49] Okay, so that's, you know, Nick Bavaro, would you be willing to bring it as a point for

[2:56:55] a future council meeting, as a council member that has the ability to do so right now?

[2:57:00] I would bring a request agenda item to first implement or vote on a moratorium that I would

[2:57:12] do first. I don't believe we're at the point now to put it on the agenda because quite

[2:57:20] honestly, I have not gathered, done my due diligence and I haven't gathered all the data.

[2:57:25] This is something that's come up just in a couple of weeks and so I have not prepared

[2:57:33] 100% take a strong position when we're the other because I still need to gather data.

[2:57:39] But I would request a future agenda item to put a moratorium to give us time to look

[2:57:50] into.

[2:57:53] Are you willing to commit to doing that, even if it's a moratorium, again, is anybody

[2:58:00] tonight willing to commit to getting this on a future agenda seeing how concerned the

[2:58:05] community is?

[2:58:06] I would ask the city attorney on the process of how I would make that request.

[2:58:12] All right, so you've exceeded your time.

[2:58:15] I'm sorry.

[2:58:16] Okay.

[2:58:17] Thank you.

[2:58:18] Thank you.

[2:58:19] Next is Alex.

[2:58:21] Again.

[2:58:21] Alex.

[2:58:24] Alex here.

[2:58:28] Okay.

[2:58:29] Okay.

[2:58:30] Check.

[2:58:33] How about Jack Gilstrip Bar?

[2:58:36] Jack.

[2:58:38] All

[2:58:42] right.

[2:58:42] that is the last of the speaker requests cards. Is there anyone else online seeing

[2:58:53] that one online? Okay, thank you.

[2:59:09] Is it okay to be up here? Yes, yes, it is.

[2:59:13] Made it a whole thing real quick, so my name is Jessica.

[2:59:27] Jessica said,

[2:59:28] and that there's going to be a council meeting

[2:59:32] that you guys are going to talk about it later.

[2:59:34] Yet one thing I will say is,

[2:59:37] I haven't seen anybody taking notes.

[2:59:39] I haven't seen maybe you guys are,

[2:59:41] oh, okay, cool, awesome, thank you for showing me that.

[2:59:43] I've needed that.

[2:59:44] I appreciate that.

[2:59:45] Yes, awesome, great.

[2:59:47] Another thing I will say is, yeah, no, that's awesome.

[2:59:52] You don't want to read it, you find it.

[2:59:54] No, that's okay, that's okay, it's fine.

[3:00:00] I did notice today was back to school. Today was the first day everybody went back to school. And I find it a little bit ironic that the youth are going back to school. Families are getting busy again. We had all summer to sit here, have meetings, discussions, so on and so forth. But I think that there needs to be a little bit of a better planning situation in accordance with like trying to reach out to the youth.

[3:00:30] to invite them to town council meetings to maybe develop them in that aspect of getting

[3:00:35] more involved or things of that nature. So I did actually go to Riverbank last week

[3:00:42] for the Riverwalk city council meeting too and it's not just because Modesto's Modesto

[3:00:50] and Riverbank's Riverbank, it's more so we're a county we're in this together, it's not,

[3:00:56] not, you know, whatever we designated to sit here and be the land that you were chosen

[3:01:03] to take care of, right? So,

[3:01:09] I would just like to say thank you for listening to me,

[3:01:12] and yeah, that's about it. Have a good night.

[3:01:20] I believe something raised their hand. Would you like to speak?

[3:01:40] Good evening, council members. Our city has a pretty simple little

[3:01:45] motto of water, wealth, contentment, and health. These are words that I've seen every day

[3:01:50] since I was infinitely young. A, a data center here in Modesto would destroy all pillars

[3:01:59] of that. Our water would be irreversibly ruined, unsuitable for human consumption or agricultural

[3:02:05] use. We, the average Californian or Modestonian, would not see any wealth from these data centers

[3:02:11] It's been brought up before that they only give about like 12 jobs and in the log run only profit the rich and powerful

[3:02:17] Silicon Valley

[3:02:19] They will do nothing for us and everything to us with the noise pollution and

[3:02:25] Droning and all the rising utility costs. We will not be content here in Modesto

[3:02:30] We are not content with your lack of commitment against this proposal

[3:02:34] It may be repeating that these data centers are unhealthy for us

[3:02:38] The further pollute are already poor and water quality, the water and our faucets will

[3:02:43] turn brown.

[3:02:44] This has happened.

[3:02:45] It is documented that it horribly pollutes water.

[3:02:49] I would like to drink water but I can see through.

[3:02:52] Is the motto of our city so cheap that you would sell us out to North Point?

[3:02:57] Thank you.

[3:02:58] You're welcome.

[3:03:02] Is there anyone else wishing to speak under public comment for those in person or online?

[3:03:08] If you're interested in speaking, please come.

[3:03:14] Good evening, Mayor, members of the council.

[3:03:16] It's been a while since I've been up here.

[3:03:19] And I'd like to take you back in time, about three hours,

[3:03:22] when these chambers were packed.

[3:03:25] How often has that happened?

[3:03:28] When the chamber is packed, that means it is an issue,

[3:03:31] it is of concern to every single member of our community.

[3:03:34] I notice that the computer people that are on Zoom

[3:03:37] are quite prolific as well.

[3:03:42] So did any of you watch Nightly Business Report last night?

[3:03:48] I did.

[3:03:49] There was a wonderful article on it about many communities that are now regretting

[3:03:54] their decision to allow a data center in and they're trying to have them close down.

[3:03:59] I would like you all to do your job to make sure we are not one of those communities with regrets.

[3:04:04] So listen to your constituents and please ban AI data centers from being built here.

[3:04:11] Thank you.

[3:04:11] You're welcome.

[3:04:19] Please.

[3:04:22] Hi.

[3:04:24] So yeah, I'm not used to do any of this.

[3:04:27] So please, I don't know.

[3:04:30] Yeah, give me grades, I guess.

[3:04:32] But I wanted to say that, first of all, I'm very proud of my fellow constituents for exercising their civil duty.

[3:04:37] Civil duty of being here.

[3:04:39] I see and recognize many young faces and people that, you know, normally we are never here.

[3:04:46] But this just shows how much we really care about our city, about our future, about, yeah, our environment.

[3:04:53] And so over the course of this night, I witnessed several great points spoken against AI, data centers and surveillance.

[3:05:01] But I also witnessed every constituent or almost everyone in this room lose trust in our governing system,

[3:05:08] on loose trust and in you guys, they do not feel confident that you guys will represent

[3:05:14] them, unfortunately. And I hope we are wrong, but that is just the impression.

[3:05:25] It's whether

[3:05:29] because they feel their voice does not matter or they feel the system is incompetent.

[3:05:33] But when people lose hope and the system, they take matters into their own hands and resort

[3:05:37] to violence. And I think none of us here want that. So please prove us wrong and please

[3:05:43] I really do fear for our future and I really want you guys to prove us wrong, thank you.

[3:05:50] You're welcome.

[3:05:52] Next person, thank you.

[3:06:00] Hello.

[3:06:01] I am one of the many residents of Modesto that oppose the construction and proposal of allowing an AISID data center to settle down here in my city.

[3:06:11] I am one of the many residents of Modesto who oppose the mass constructing a flock surveillance camera.

[3:06:17] We do not have the resources to share with the data center.

[3:06:20] It will kill our water supply and power supply.

[3:06:23] I suggest that you watch interviews conducted on people who live in towns where AI data centers are established.

[3:06:29] They discuss truly disturbing and heartbreaking circumstances, such as having to boil and filter water that comes out from their faucet and hardly any water coming out at all.

[3:06:41] Float cameras destroyed privacy for the public, creating an opening for cameras to be used

[3:06:46] as oppressive weapons against freedom of speech.

[3:06:49] Float cameras will scan our faces and follow us around the web of cameras we find ourselves

[3:06:54] tangled in and like a spider it will sink its fangs deep into our first amendment.

[3:06:59] If you are not against constructing float cameras I recommend moving your bathtub and toilet

[3:07:04] right underneath the Modesto Arc to understand the feeling we are trying to convey to you.

[3:07:09] I am one of the many residents of Modesto and I can say with full confidence that we all

[3:07:14] say no to AI and no to flock, do what is right for Modesto, say no with us.

[3:07:20] Thank you.

[3:07:21] Welcome.

[3:07:30] Good evening.

[3:07:31] My name is James Nelson and I've been in Modesto for pretty much part of my whole life.

[3:07:36] So, it's a big concern about how the data centers and AI log and it's going to impact

[3:07:45] the future and it's a travesty, let's get it come up when we don't stop it soon enough.

[3:07:56] Our communities are already suffering and we don't need any more problems.

[3:08:01] We need more help in our communities because people make this country run and we have

[3:08:08] have more power behind ourselves with the community to make our future better.

[3:08:15] But you guys have to represent our voices, that's your job for us.

[3:08:21] And I hope you consider it, so thank you.

[3:08:27] You're welcome.

[3:08:37] Hi, Kevin McCarty, just Kevin McCarty district one.

[3:08:42] Well, you know, I want to say that this is not a political footing.

[3:08:47] ball. This is not a matter that you, you know, throw the, you figure up, we'll put your

[3:08:55] finger up in the air to see which way to wind is blowing. This is not a political game

[3:09:03] that we're playing here. This is having to do with people's lives, having to do with

[3:09:10] the survival of humanity because these data centers are a threat to the existence of

[3:09:24] bees and the bees are what we need to pollinate our food and so the very existence of humanity

[3:09:32] is threatened by these data centers. And so this is not a matter of consulting with your

[3:09:43] political advisor to ask, what should I do? What should I do? Should I balance it this

[3:09:51] way or throw it this way or should I give a non-answer? How do I give a non-answer?

[3:09:56] So this is not that kind of a matter.

[3:09:58] This is too serious of a matter, and your political future is not what this is about.

[3:10:07] This is about the people of Modesto and about the people of the Valley.

[3:10:13] And I would like to remind Sue and the members of the council what it was like to grow up here.

[3:10:26] I personally went to insulin school.

[3:10:28] I think possibly soon that you also went to the infant school, but I'm not sure.

[3:10:34] Yeah.

[3:10:35] You and I would have been in the same grade, actually.

[3:10:39] And you remember Miss Jones?

[3:10:43] And this is Drake.

[3:10:45] Miss Lunard.

[3:10:46] He

[3:11:03] remember taught

[3:11:06] us about the importance of agriculture.

[3:11:12] And they taught us about rotating crops.

[3:11:16] and they taught us about the cow and they would bring a cow to school and they would

[3:11:21] talk about the two stomachs and they would show us how to milk a cow and the 4-H club.

[3:11:29] All of those things were tied to agriculture and we would go and we would walk down to

[3:11:34] the rainbow bread plant and we would see how the bread is made from the green which is

[3:11:40] grown on

[3:11:45] the farms. That is what this is all about, Sue. It's about the

[3:11:52] modest of the week grew up, and that is what we're trying to protect. And I ask you to protect it. Thank you.

[3:12:00] You're welcome.

[3:12:01] Ladies

[3:12:14] and gentlemen, I find myself pretty unprepared. So the nerves are running a little bit.

[3:12:20] But when I saw Chris' take talk, I felt compelled to show up to this and speak.

[3:12:27] because I do feel this is an important matter that is falling upon our town. I do believe there's so

[3:12:32] many matters historically that you can look at that you can compare to this situation. I find that

[3:12:40] the presence of an AI data center will not only decrease the cost of homes where we already live in a

[3:12:47] town where many people from the Bay Area sell their homes for a million dollars coming here and buy

[3:12:52] five hundred six hundred thousand dollar home and that leaves us in a even bigger

[3:12:56] predicament. The people in that area will find themselves not possibly even be

[3:13:04] able to sell their home and that will lead to a small data center possibly

[3:13:08] becoming a larger data center wanting to buy out the properties and the nearby

[3:13:12] areas. I find that these data centers maybe all of your intentions are good but

[3:13:21] But I believe these data centers will come here and try to infect your intentions and will

[3:13:26] try to corrupt you, so to speak.

[3:13:30] Whether all of you are good, I don't believe these data centers will come here with the

[3:13:33] same presence.

[3:13:35] These are people that aren't even from this community.

[3:13:37] And I find some of you have been slandered tonight, and I don't know many of you.

[3:13:41] And I find it sometimes unfair to witness it, but I do believe we have to hold our politicians

[3:13:46] accountable.

[3:13:47] But I do want to say I do appreciate everything that you guys do and try to do.

[3:13:52] It is also saddened me sometimes to look at you soon because I feel like you do have good

[3:13:56] intentions despite maybe your histories, maybe people in your circle drive you other ways

[3:14:01] I don't know.

[3:14:04] But when we look at these data centers and we look at our history of drought, who really

[3:14:13] He takes precedence in the moment if we have another five-year drought.

[3:14:17] Will they put you all in contracts and put the city in a contract where we emphasize

[3:14:23] their needs of their water over our own, where we already receive letters from MIT and other

[3:14:28] companies about the usage of our water, how we need to lower our shower times, our laundry

[3:14:33] loads.

[3:14:36] What else do I want to touch up on?

[3:14:39] One minute, please. Oh 34 seconds.

[3:14:44] Like I said, I found myself unprepared. Hopefully I can come more prepared next time, but I felt like I would have regret not speaking.

[3:14:50] My mom's probably gonna see this and be like, what?

[3:14:53] I do want to say that I had a recent ENT appointment for my nose and he said

[3:15:00] I said to him, what's the diagnosis doc? And he said you live in Modesto. You're going to have nasal issues, you're going to have respiratory issues. And I find it disrespectful. A company comes to this community and tries to tear it apart and didn't even do their research on our water issues and on our agriculture. I'll respect the time. Thank you guys so much. Thank you.

[3:15:21] anything

[3:15:32] else wishing to come forward for items not on tonight's agenda? Is there

[3:15:39] any online? All right, next on the agenda is consent items. An item may be removed

[3:15:46] from consent and discussed at the request of a member of the public or council member.

[3:15:50] Is there anyone in the council that would like an item removed for further discussion?

[3:15:57] Is

[3:15:57] there anyone in the public that would like an item removed from consent for further discussion

[3:16:01] or comment

[3:16:06] items five and nine for questions thank you you're welcome is

[3:16:16] there

[3:16:16] anyone online that would like if you're participating remotely please use

[3:16:23] the raise hand feature now or dial star nine on a telephone to indicate you

[3:16:28] wish to remove an item from consent I

[3:16:34] do not see any online or any phone calls

[3:16:37] All right, well the city clerk, please read the consent items.

[3:16:41] Item 3, consider approving the minutes for the July 14th, 2026 council meeting.

[3:16:46] Item 4, consider appointing a voting delegate to the 2026 Liga California City's annual conference to be held in Anaheim, California.

[3:16:54] On September 23rd to the 25th, 2026, item 5 was removed from consent.

[3:17:01] Item 6, consider approving the final map and subdivision improvement agreement.

[3:17:05] with Modesto 92 LP at California Limited Partnership for the PPA-17 West Unit

[3:17:12] subdivision consisting of roughly 18.735 acres, located east of Oakdale Road

[3:17:18] and north of Floyd Avenue, APN-077-008-040. Item 7, considering approving the

[3:17:27] final map and subdivision improvement agreement with KB Home North Bay LLC,

[3:17:35] a

[3:17:35] Arcadia Tivoli Unit 2 Subdivision Consisting of Roughly 10.64 acres located north of Silvan

[3:17:41] on future area way APN 083006 054 item 8, consider accepting the Monthly Investment Report

[3:17:50] for May 2026 and item 9, which are moved from consent.

[3:17:54] All right.

[3:17:55] May I have a motion to approve the consent calendar as read?

[3:17:59] Motion to approve.

[3:18:00] Second.

[3:18:02] All right motion by Council Member Wright. Second by Council Member Alvarez. Will the clerk please call the roll for those items.

[3:18:11] Council Member Bavaro.

[3:18:12] Aye.

[3:18:13] Vice Mayor Williams.

[3:18:14] Aye.

[3:18:15] Council Member Wright.

[3:18:16] Aye.

[3:18:16] Council Member Scootie-Ebration.

[3:18:18] Aye.

[3:18:18] Council Member Alvarez.

[3:18:19] Aye.

[3:18:20] Council Member Ricky.

[3:18:21] Aye.

[3:18:21] And Mayor Zwhalman.

[3:18:22] Aye.

[3:18:23] Curious unanimously.

[3:18:23] We will go back to consent item five, consider approving an agreement for the

[3:18:29] conveyance and purchase of right away from the Selving Unified School District,

[3:18:33] receiving 1.89 acres for public right away, for public infrastructure,

[3:18:39] for a total amount, not to exceed $1,250,000.

[3:18:43] We will have a staff report.

[3:18:45] Thank you Mayor City Council, Jessica Hill Director of Community and Economic Development.

[3:18:48] And so this item is in regards to our typically specific plan area.

[3:18:53] So back in 2009, the school district actually purchased a parcel of land about 13 acres to develop an elementary school in the future.

[3:19:01] What they didn't anticipate was the land that they'll need to dedicate for the streets that need to be built in tibaly.

[3:19:06] And so the city of Modesto's utilizing community facilities, districts, funds in order to purchase the land we need for the roadway associated with the roads adjacent to their school.

[3:19:18] In turn, the school will actually use that funding to purchase some property directly to the south to ensure that they still have the full 13 acres and can build the size school that they were already anticipated to build with that. I'm happy to answer any question.

[3:19:32] Thank you. For that report, any questions from council members regarding item 5, consent item 5.

[3:19:44] Yes, please. Council Member Bavaro.

[3:19:47] Jessica? I've got a question.

[3:19:51] Thank you. Oh, my mic's on.

[3:19:54] I'll just try speaking into it. There you go.

[3:19:57] On the appraisal to my question during our briefing, was I thought that that was somewhat

[3:20:08] expensive to pay that kind of money for that partial 1.8 acres or whatever. Can you explain

[3:20:18] to the council the process and also to the public the process by which how you came up with

[3:20:27] that dollar amount and who did the appraisals? Of course. So for Tivoli each year we actually

[3:20:34] do a land appraisal out at Tivoli for our program called the voluntary land dedication program.

[3:20:38] And so we have Cogdale and Associates who does a land appraisal every year and then

[3:20:45] we take a three-year average of what that was and that's what the land value is for

[3:20:49] those who are participating and dedicating land.

[3:20:51] And so that amount was $440,000 per acre and so the total purchase price of the property

[3:20:58] was $831,600.

[3:21:02] There are some significant environmental reports that this district needs to do with

[3:21:09] the new land that they're acquiring, which is that amount still up in the air, as well

[3:21:13] as the legal fees associated within the surveying needed.

[3:21:17] And so what we did is we created some buffer in case those came back a little bit higher,

[3:21:22] but we do anticipate the cost to be about 935,000.

[3:21:25] All

[3:21:28] right. In the other questions from council members, seeing them, I will open this item

[3:21:35] up to the public. I will ask members of the public to come forward. Or if you are

[3:21:39] participating remotely, please use the raise hand feature now or dial star nine on a telephone

[3:21:45] to indicate you wish to speak on this particular item. All right. Kevin, welcome.

[3:21:51] Thank you. So my question is this is just for the right-of-way itself, right? It's not

[3:21:57] for any infrastructure, not for any curbs or sidewalks or anything, it's just for the right

[3:22:05] of way. And that's hard for me to grasp. I mean, that much money for something which

[3:22:13] is really just on paper, really because it doesn't involve any infrastructure or concrete

[3:22:20] or roadways or anything. It's really just on paper. So it's really just on paper. How

[3:22:27] How does it get to be that expensive?

[3:22:30] I know that you gave Mr. Pavarro an explanation but I didn't really understand it so when I'm

[3:22:39] not understanding is how something that is just on paper, that is just a legal document

[3:22:45] and does it not involve anybody building anything but their hands in sub costing $1.25 million.

[3:22:53] dollars. All right. Thank you. Please reply.

[3:22:59] Yes, thank you, Kevin. And so what it does

[3:23:02] is actually, it's not just paper. So it's actually the purchase of physical land in

[3:23:06] order to build the future street. And so we will have physical land that will then be owned

[3:23:11] by the city adjacent to the school where we'll be able to then build those streets in that area.

[3:23:18] And so it is purchase of physical land. I do have a copy of the staff report. I'm willing

[3:23:22] to share with you as well just so you have kind of the breakdown of what that looks like.

[3:23:26] All right, thank you. Any other public comments in person or online? I do not see any online.

[3:23:35] I do not see any in person regarding item 5. So I will close public comments on this item. Any comments from council members regarding consent item 5?

[3:23:48] Council member Bavaro did I see you no you did not do that no other comments

[3:23:54] from council members all right I'm gonna ask guidance from the city attorney we

[3:23:58] have two resolutions are they separate votes or are they together okay thank

[3:24:03] you very much for that I have two resolutions a resolution of proving an

[3:24:09] agreement from the for the conveyance and purchase of right away from the

[3:24:13] the Sylvan Unified School District, receiving 1.89 acres of public right away from public

[3:24:19] infrastructure in an amount not to exceed $1,250,000 in authorizing the city manager or

[3:24:27] his designate to execute the agreement.

[3:24:29] A second resolution amending the fiscal year 2026-27 non-capital multi-year project revenue

[3:24:37] and expenditure budget to fund project number 101755

[3:24:42] in the community facilities district number 2024-1

[3:24:50] for the land acquisition purchase from the Silver Union School District

[3:24:54] and amount not to exceed $1,250,000 to fund the purchase

[3:24:59] and authorizing the city manager or his designated need

[3:25:02] to implement the provisions of this resolution.

[3:25:05] Do I have a motion?

[3:25:05] So moved by Council Member Bavaro, seconded by Vice Mayor Williams. Will the clerk please

[3:25:13] call the roll for this item. Council Member Bavaro.

[3:25:16] Aye. Vice Mayor William.

[3:25:18] Aye. Council Member Wright.

[3:25:19] Aye. Council Member Scutthier Brayton.

[3:25:21] Aye. Council Member Everett.

[3:25:22] Aye. Council Member Ricky.

[3:25:24] Aye.

[3:25:24] And Mayor Zwollin.

[3:25:25] Aye. Curious unanimously. Next is, excuse me, consent item 9. Consider approving the

[3:25:33] plans and specifications for the airfield, airfield lighting control and monitoring system

[3:25:39] and constant current regulator upgrades project accepting the bid and awarding a contract

[3:25:45] to shame brand electric of Woodland, California for a total amount not to exceed $534,050.

[3:25:53] We will have a staff report.

[3:25:55] Good evening, the American Council.

[3:25:57] Thank you.

[3:25:57] My name is Chattery.

[3:25:58] The Director of Public Works.

[3:25:59] And tonight's item is to provide airfield lighting and control upgrade to the airport.

[3:26:10] The project is estimated at about 534,000.

[3:26:14] We're recommending that the contract be issued to Shane Brown, Electric of Woodland, California.

[3:26:20] The project is 95% funded by the FAA and 5% funded by city funds.

[3:26:30] And that is my report on the project. I can answer any questions.

[3:26:33] All right. Are there any questions from council members regarding Consent Item 9?

[3:26:43] Seeing none, I will open this up to the public. Is there any members of the public that could

[3:26:47] come forward or if you are participating remotely? Please use the raise hand feature now or dial

[3:26:53] star 9 on the telephone to indicate you wish to speak on this item. Welcome, Kevin.

[3:26:59] Thank you. So I wanted to know, Mayor, if this is the blue lighting that is along the

[3:27:09] runways themselves, or is this the perimeter lighting that goes along the exterior of the

[3:27:16] runway?

[3:27:17] Thank you.

[3:27:18] Thank you.

[3:27:19] Thank you.

[3:27:20] And would you please respond so that we know?

[3:27:26] Sure. This is for the airfield lighting. So the lighting along the airfield itself.

[3:27:32] All right. Thank you. Thank you very much. Any other public comments? I do not see any online?

[3:27:39] No one in person regarding the silence. I will close public comments. Any comments from council members?

[3:27:46] Council member Alvarez. Thank you, Mayor. I want to thank everyone. All the residents who came

[3:27:52] I spoke on their concerns tonight.

[3:27:57] Oh, this is, we're still on consent item 9.

[3:28:00] All right.

[3:28:02] Yes.

[3:28:03] In the other council comments on consent item 9.

[3:28:07] All right.

[3:28:08] Seeing none, I need a motion to approve.

[3:28:13] Second.

[3:28:14] Excuse me, I'd like to be able to read the resolution first.

[3:28:17] A resolution approving the plans and specifications

[3:28:20] for the airfield lighting control and monitoring system and constant current regulator upgrades project

[3:28:27] Accepting the bid and awarding a contract to shame brown electric of woodland, California and the amount of

[3:28:34] $48,500 and authorizing change orders up to a cumulative amount of

[3:28:41] $48,550 for a total agreement amount not to exceed

[3:28:47] five hundred and thirty four thousand fifty dollars in authorizing the city

[3:28:51] manager or his designate to execute the contract do I have a motion moved by

[3:28:58] council member right second by council member Ricky will the clerk please

[3:29:02] call the role for this item council member Bavaria by Mayor Williams I council

[3:29:08] member right council member Sglitia Brayton I council member Alvarez council member

[3:29:13] I'm Amber Bricki and Mayor Zwellin.

[3:29:15] I carries unanimously.

[3:29:17] Next on the agenda is council comments and reports.

[3:29:20] Do any of the council members have any comments and reports?

[3:29:26] Unfortunately, so many people are not here to hear them.

[3:29:29] This is our comments.

[3:29:31] Do you have a question?

[3:29:32] Yes, Mayor.

[3:29:34] I would like to ask the city attorney for guidance on how we would put an agenda item

[3:29:42] to have a moratorium? Is this time to bring this up or how do we do this?

[3:29:52] to the mayor.

[3:29:53] Sure.

[3:29:54] Please.

[3:29:55] So come forward.

[3:29:56] Appreciate it.

[3:29:57] You usually

[3:29:58] ...

[3:30:00] As the way that the council has done before is, during this time, if there was a request, a motion can be made to place an item on a future agenda. Is the council of the council would want to do?

[3:30:20] All right. First name, I see is councilmember Bavaro? No, it's actually Jeremiah's asking the question. Next is councilmember Alvarez. Thank you, Mayor. As you stated, I wish this is a packed council chamber.

[3:30:35] I think the frustration lies and not hearing us respond

[3:30:39] substantively, which we cannot.

[3:30:40] We can respond to inquiries or public comment,

[3:30:44] just, you know, just little, just not substantively, right?

[3:30:50] But this is the time during our council comments

[3:30:52] where we can respond with substance.

[3:30:56] So, which is why I always share my council comments

[3:30:59] on my social media platforms.

[3:31:01] In case you guys follow me or don't, follow me there.

[3:31:03] I'll be posted, in case you missed it.

[3:31:05] I want to talk about 4 things tonight, I want to talk about data centers, I want to talk about pop-ups, I want to talk about a low-riding event that was shut down, that was brought up by a member of the public, and I want to address cameras and LPR technology.

[3:31:19] So I'll first start with data centers, so I want to thank everyone again who has taken the time to share their concerns regarding data centers.

[3:31:26] I hear you, we hear you, and we take those concerns seriously.

[3:31:31] As I previously stated on the record with the Modesto Focus, the city has a responsibility

[3:31:36] to conduct research and understand the facts.

[3:31:39] Our decisions must ultimately be based on what is in the best interest of Modesto residents.

[3:31:45] For that reason, I would support a more torrent to be brought before the council on a future

[3:31:49] agenda.

[3:31:53] Next, I want to talk about pop-ups.

[3:31:55] I appreciate the city staff, our deputy city manager, Alison Van Guilder, for meeting with

[3:32:02] representatives of our pop-up community. And those discussions on a path forward have begun.

[3:32:10] Economic development isn't just about attracting large employers or major developments.

[3:32:15] It's also about creating an environment where local entrepreneurs and small businesses

[3:32:18] have an opportunity to grow. I believe we have a responsibility to look

[3:32:23] creatively and how we can accomplish pop-up events while maintaining appropriate health,

[3:32:27] safety and accountability standards. That includes a separate lightweight

[3:32:32] permitting track for small low-risk events, a micro permit process that is

[3:32:37] faster and more affordable, or identifying our appropriate location, such as

[3:32:45] downtown plazas, or underutilized commercial parking lots as I previously

[3:32:49] stated, where these events can operate with clearly established guidelines. I'm

[3:32:57] I'm not suggesting that we compromise our standards in any way.

[3:33:00] I'm asking that we find a way to meet those standards without creating unnecessary barriers

[3:33:03] to economic activity.

[3:33:05] Other communities in our surrounding area and our region are finding ways to make this

[3:33:12] work, and I believe Modesto can too.

[3:33:15] So I'd like staff to continue working with representatives of the public community and

[3:33:20] bring us a creative, workable options for moving forward.

[3:33:26] Next, I want to address the low-riding event that was shut down.

[3:33:28] I think it's about the end of July.

[3:33:31] I don't recall the exact date, but I can get that in the future.

[3:33:36] So I want to clarify the facts regarding the recent low-ride event that was shut down.

[3:33:41] So the issue was not with the low-rider community or the gathering in and of itself.

[3:33:47] The event did not have the proper permits required for activities taking place,

[3:33:52] including the sale, I'm particularly including the sale of merchandise and amplified music or DJ.

[3:34:01] I know these organizers personally as I'm active in the Meso-classic car scene in the low rider community,

[3:34:06] this is my brother, my dad, these are our friends, these are our community members that we all know each other's families.

[3:34:16] So they were informed before the event and they were informed of the appropriate permits that were required.

[3:34:23] They knew what was expected and ultimately proceeded without obtaining them.

[3:34:27] So I think it's important that we stick to the facts of which they know.

[3:34:32] The organizers are aware of what occurred and why the event was politely asked to shut down.

[3:34:37] And we look forward to working with these organizers moving forward to help them even

[3:34:42] get just know-how on how to throughout these applications for permits for a future event.

[3:34:51] And then lastly, I want to talk about cameras and LPR technology.

[3:34:55] So I understand these are issues that need to be calibrated, but we should not lose sight

[3:35:00] of why these tools exist in the first place.

[3:35:03] to deter crime, identify those responsible, and protect our community.

[3:35:08] We've already seen the public benefit of these technologies, copper wire theft

[3:35:14] from HVAC systems on the roof of a local business on cross-lining road in District 2.

[3:35:20] Camera technology helped provide accountability of who committed the crime,

[3:35:24] and resulted in protecting a local mom and pop business.

[3:35:29] Stolen trailers, license plate reader technology helped identify and recover stolen property,

[3:35:33] and that otherwise would have been lost to the owners.

[3:35:37] And this is in thousands of dollars we're talking about

[3:35:39] that was recovered and returned to the appropriate owners.

[3:35:43] Because of LPRs.

[3:35:46] Vandalism of public and private property.

[3:35:50] Chamber of footage has provided evidence

[3:35:53] to identify those responsible for defacing

[3:35:55] and destroying property of others

[3:35:57] and holding them accountable for the crimes.

[3:36:02] These are real examples of these tools

[3:36:04] benefiting our residents, our businesses, our local mom-and-pop shops that are barely

[3:36:09] making an insidious economy and ultimately our neighborhoods keeping them safe.

[3:36:16] So I'd recommend the City and the Modesto Police Department continue to address legitimate

[3:36:20] implementation concerns while preserving tools, these tools that produce public safety results.

[3:36:27] Results that have resulted in double-digit decreases in commercial theft and residential

[3:36:34] theft.

[3:36:37] The city's intent is clear.

[3:36:40] The turquoise protect the public, recover stolen property, and hold those who commit crimes

[3:36:45] accountable.

[3:36:48] Calibration, of course, can be calibrated on the issues that were set forth by the public.

[3:36:55] Thank you.

[3:36:56] Thank you.

[3:36:58] Councilmember Scudia Brayton?

[3:37:00] Thank you, ma'am.

[3:37:03] Modesto really shined in. It came now in its ultimate beauty last week during a national

[3:37:09] night out. And we all have the opportunity, all the council members, to engage actively

[3:37:14] with our first responders, firefighters, the police department, and other first responder

[3:37:20] personnel with our community. All the community parties that we all participated in were

[3:37:26] done over hours in over a three-digit degree, it was over a hundred degrees, so but nevertheless

[3:37:36] it was a joy to have community engage with city officials and just build bridges, strengthen

[3:37:47] our communication and our trust and again just brought out the beauty that is Modesto, so

[3:37:54] I really enjoyed my time during National Night Out.

[3:37:59] In regards to everyone that came out today, as strong as the passion was in voicing

[3:38:05] everyone's concern, it was delightful to see this many people be passionate and want

[3:38:09] to have their opinion expressed.

[3:38:13] Being an effective official in my opinion requires us to listen to everyone that comes to these

[3:38:21] Council meetings, whether it's a 15-minute public comment session or over a three-hour

[3:38:27] public comment session as it was tonight. Also, we are required not only out of being

[3:38:39] an effective elected official, but morality to listen to others as well as we do by the

[3:38:46] multiple emails that we receive as we do by the multiple calls, texts, people that come

[3:38:53] to our offices in person. So we are required to listen to them as well. And we are required.

[3:39:00] And it is our due diligence to listen to our city staff that do their due diligence and

[3:39:08] thoughtfully and thoroughly going out there and getting factual data and finding out

[3:39:16] So, turning over every stone they need to turn over to come back and brief us with the

[3:39:21] good, the bad, and the ugly.

[3:39:22] And it's only after all that takes place that we can make a comprehensive informed

[3:39:34] decision.

[3:39:37] Doing otherwise would be irresponsible.

[3:39:43] I of course have an opinion on data centers.

[3:39:48] But,

[3:39:51] you know, it actually is not that different from what was said here today.

[3:39:59] But I feel it is my responsibility, once again, to listen to everyone.

[3:40:04] And those in this room, as I very respectfully, as we very respectfully did, but everyone

[3:40:12] that approaches us with a thought or an opinion on the same subject, I am open to having a

[3:40:18] conversation around a moratorium, a lengthy moratorium, I am open to having a

[3:40:25] conversation about branding it all together. But it's not if that conversation's

[3:40:34] going to happen. It's when that conversation's going to happen. I personally will

[3:40:40] be prepared to have that conversation only once I have spoken to all those

[3:40:48] groups because the input, the collective input from all those groups, it's what's going

[3:40:53] to inform and influence my decision. I feel that's the fair approach and the responsible

[3:40:59] thing to do. So I just wanted to share that with you all. Thank you.

[3:41:05] All right. Council,

[3:41:12] next we have Council Member Ricky but we will defer to Vice Mayor Williams

[3:41:15] at this time and then I will get back to Council Member Ricky.

[3:41:18] Thank you, Mayor. Late June, there was a situation that took place at Biopark. Four individuals

[3:41:25] saved the life of a young man or individual by the name of Larry. He was dead in the

[3:41:31] restroom at Biopark. And TJ found him as a softball team mate, saw him there, and four

[3:41:40] other individuals helped him to revive this individual. And I am very, very pleased to have

[3:41:47] given those four individuals, certificates, the fire department gave them. Challenge coings,

[3:41:54] but two of them are here. It's George here today, George, or just, um, just you, or Royal. Royal,

[3:42:01] it's just step four, just a little bit so they can see who you are. But four of these individuals

[3:42:05] took the time out to save somebody.

[3:42:10] They're phenomenal. It's really, really difficult for us to

[3:42:15] We always acknowledge any and everybody that does a lot for our community alongside

[3:42:20] our public and first responders.

[3:42:23] But we commend you for taking time out to save this man's life.

[3:42:28] And yesterday, we were able to share pizza together at mountain mics, hand you the certificates.

[3:42:34] God bless you and the rest of the four for what you did.

[3:42:37] And that's all I have to say today, Mayor.

[3:42:40] All right.

[3:42:40] Thank you.

[3:42:41] Thank you.

[3:42:42] Thank you so much for being here.

[3:42:44] appreciate you.

[3:42:47] This is being recorded so you can go back home and share that with the rest of the

[3:42:54] fellas who did that great work so thank you again and God bless you. Thank you. Council member

[3:43:01] Ricky. Thanks mayor. I just want to thank everybody tonight for their thoughts on AI data centers. I

[3:43:09] know that they are going to have a huge impact, not only on our community, but on the world.

[3:43:16] And your opinions matter, and I'm glad that you shared them with us.

[3:43:20] My personal opinion is that, based on your feedback, and not just here at this council meeting,

[3:43:25] but just the conversations people have been having online, the conversations that we've

[3:43:30] heard through the media, I think the city should impose a moratorium on data centers.

[3:43:38] and I also am interested in the city exploring an ordinance that bands the I

[3:43:44] data centers altogether. I have serious concerns about data centers. I think

[3:43:51] that they use far too much energy and that energy use has dramatic impact on

[3:43:59] residential rates and that's not something that I support. Their water use is

[3:44:05] It's also, you know, is very questionable to me and I think also impacts not only our

[3:44:10] water supply, but also our water rates.

[3:44:13] And I also believe that there are serious concerns on the impacts of AI data centers

[3:44:21] on people's jobs prospects, people's job prospects here in Modesto.

[3:44:28] And so I just think that we need to be proactive.

[3:44:30] We need to listen to our community and we need to work to protect our community.

[3:44:38] Thank you, Mayor.

[3:44:39] You're welcome.

[3:44:40] Next council member, right?

[3:44:43] Thank you, Mayor.

[3:44:44] I, too, wanted to just thank everybody who came out to National Night Out in my district.

[3:44:51] And there was, I think we had 10 different parties going on and I wasn't able to get to all of them.

[3:44:57] Okay.

[3:44:58] Yeah.

[3:45:00] Great night. Weather was actually cooler than I thought it was going to be, which was nice for all of us. One of the things I want to talk a little bit about tonight is all the residents that came out speaking about data centers. It's always been my priority to protect their residents here in Modesto, our quality of life, our environment, and our water, and we do what's best for our city. And I think those are the key

[3:45:29] factors that all of us here on this council look at and that we want to do

[3:45:34] what's best for this city. Water is important. City of Modesto has done a great

[3:45:40] job. We've cut our water used by 40% over the last 20 years and that is

[3:45:46] fantastic. Our reserves in our groundwater is one of the highest levels that you

[3:45:55] we'll see anywhere in California.

[3:45:58] Our electric rates are some of the lowest here

[3:46:02] in California.

[3:46:05] So those are items that we really need to look at to protect.

[3:46:10] And so those are the areas that I look for when anything

[3:46:14] comes to this council no matter what it is,

[3:46:17] making sure that our residents are protected,

[3:46:20] our waters protected, our quality of life here is protected.

[3:46:24] And also, what can we do to bring more quality jobs to this area?

[3:46:30] Anyway, thank you, Mayor, for letting me see.

[3:46:32] All right.

[3:46:32] Yes.

[3:46:33] All right.

[3:46:34] I see some more names again, repeating Nick Bavaro.

[3:46:39] Thank you, Mayor.

[3:46:42] I'm going to, I was originally going to talk about my right out with the police department,

[3:46:49] my quarterly right out.

[3:46:50] And also national night out I'll save that for the next meeting due to time.

[3:46:58] But I just wanted to say a few things about the data centers and quite honestly the council works in the beginning of the year, January, February, city management will listen to the council on what our priorities are.

[3:47:18] And our vision on how we're going to move forward with the City of Modesto.

[3:47:26] And we talked about the priorities this year were the general plan, homeless shelters dealing with the homeless shelters in our city, the public safety, negotiating a new service agreement with the garbage haulers and

[3:47:47] making that more transparent and as well as the landscaping contract.

[3:47:53] So there's a lot of things on our plate this year that the City Council has worked hard

[3:48:02] and kept very busy.

[3:48:05] So when the data centers came up in my email couple, maybe a week and a half ago, this was

[3:48:17] And so really don't have a background.

[3:48:23] I have not done any due diligence.

[3:48:25] I haven't really had any in-depth staff briefings

[3:48:28] on data centers.

[3:48:31] And so somebody came up to speak, gentlemen,

[3:48:35] back here a little while ago, said that he apologized,

[3:48:39] that he wasn't prepared with his comments.

[3:48:43] And I am not prepared to make any votes

[3:48:47] on data centers at this time. I have to do my due diligence. You know, my district that I

[3:48:53] represent expects me to do my job and to do it thoroughly without knee jerk reaction

[3:49:01] and well of, you know, people bringing arguments to a council pro and con about a topic. So I really

[3:49:12] need to be prepared. And I also need to listen to our staff, our city management who really

[3:49:18] gets into the weeds on the due diligence. But the bottom line is that, you know, I agree

[3:49:27] with what was said tonight by a lot of people.

[3:49:32] But, you know, we need to make sure that the

[3:49:37] The most important thing is that our quality of life vision is not disrupted.

[3:49:45] We need to make sure that we maintain the course and this stuff takes time.

[3:49:51] There is not an application for data centers.

[3:49:55] There I have not been contacted by anybody to lobby me or talk to me and whoever I meet

[3:50:04] with everybody even if I disagree with them I'm going to meet with them that's my job

[3:50:09] and so I would support a moratorium only if the data center companies were pushing back

[3:50:19] and challenging the city's position that you know it's not allowed because it's not in

[3:50:25] our municipal code at this time so if that was challenged I would I would say yeah let's

[3:50:31] move forward with the with the moratorium, but this council does not or any council really does not

[3:50:40] vote the next meeting on a knee jerk reaction.

[3:50:45] Everything is thoroughly vetted and we are then what our constituents and our districts

[3:50:54] and get feedback, so that's my position, and like I say, I just need to do the research necessary to make the right long-term decision on my vote. Thank you, Mayor.

[3:51:10] You're welcome. Councilmember Alvarez. Thank you, Mayor. I appreciate that Councilmember

[3:51:15] Bavaro, that very, very thoughtful summary. I have done a relatively thorough research

[3:51:21] on this subject over the past several years, called it a millennial thing, but I'm very

[3:51:26] in tune with A.I.'s progression, data centers, water consumptions, closed-loop water systems

[3:51:34] that have proposed that are just not reusing millions of gallons of water over and over.

[3:51:38] Are they using billions of gallons of water over and over and over, not new one million

[3:51:43] here today, another million tomorrow, they're using the same closed-loop system.

[3:51:49] And despite that, I think that's the biggest factor of the environmental concerns.

[3:51:54] Despite that, I would be supportive with what my colleague Councilmember Ricky proposed, which

[3:52:05] is a whole ban on data centers in the city of Modesto because I just don't think even

[3:52:10] if the research is conducted, I don't think that the cost benefits outweigh the cost

[3:52:20] here. Just flat out and simple. I don't think that that is there. When I waive the cost

[3:52:28] benefit analysis, I think there's more cost to the residents of Modesto's quality of

[3:52:33] life, then the benefits of a data center being stood up by an out-of-the-state corporation

[3:52:46] period.

[3:52:47] Thank you, Mayor.

[3:52:48] You're welcome.

[3:52:49] Vice Mayor Williams.

[3:52:51] Thank you, Mayor.

[3:52:52] I wholeheartedly agree with everything that was said here on the council and my colleagues.

[3:52:57] 100% the fact of the matter is, you know, just a bit of stated two weeks ago or so.

[3:53:03] this was dropped on our labs as council people and to represent you we're still

[3:53:11] trying to get our head to I'm trying to still get my head to wrap around the

[3:53:14] whole situation however California is a big place in my opinion there's

[3:53:20] other places it can go there's other places it can flourish maybe even better

[3:53:26] hopefully better than here due to the fact that we know nothing of I know nothing

[3:53:31] about it and I appreciate those who have already looked into it. I appreciate each and

[3:53:35] everyone that has come here tonight to voice their opinion. I would ask respectfully though

[3:53:42] that you know you at least you could have been a little more kind towards us because we don't know

[3:53:48] any more than what you know but the point of it is that I'm trying to say is I'm hoping that there's

[3:53:54] another place for the data center other than Modesto and that's all I'm saying. Thank you Mayor.

[3:53:59] You're welcome.

[3:54:00] Any other comments at this time?

[3:54:02] All right.

[3:54:03] I'll end with my remarks.

[3:54:05] A lot of things were said this evening, and much was discussed about losing trust.

[3:54:11] In our council, recently I've been accused of secret meetings, so I thought that I would share

[3:54:18] a little bit about my schedule, because there have been no secret meetings on any topic that

[3:54:24] was discussed this evening.

[3:54:25] So, I thought I would share a little bit about on Wednesday, July 22, I attended the California

[3:54:32] Bio-Economy Innovation Campus Open House, which was discussed tonight being circular.

[3:54:37] It is an incredibly exciting opportunity for our community, and I encourage everyone

[3:54:42] that was involved here tonight to learn much more about it.

[3:54:45] I attended the Steve May, end-of-watch memorial flag raising, honoring one of our police officers

[3:54:51] that lost his life in the line of duty.

[3:54:54] I attended the gifted little ones, play in sensory grand opening, ribbon cutting, an exciting

[3:55:00] place where children, with many special needs, will have a play place to go and love in

[3:55:08] our beautiful city.

[3:55:10] I attended a sister city's barbecue with two young students from Laval France that were

[3:55:14] enjoying Modesto and everything that we have to offer here.

[3:55:18] Participated on July 29th in the Women's Council of Realtors called Pumps and Politics

[3:55:23] panel. It was incredibly inspiring to be in a room full of dozens and dozens of women

[3:55:29] that are interested in local politics. Thursday, July 30th, I met with Carson Wells, our

[3:55:35] new reporter from KCR-A3. She graduated from Gregory High School, a college graduate that

[3:55:43] is now working for Channel 3 and I've seen her on the news many, many times since an inspiring

[3:55:49] young women. We heard a lot tonight about including young people. I went on a

[3:55:54] Modesto City Schools facility bus tour and saw what all the incredible work

[3:55:58] that's been done in our schools. That was Monday, August 3rd. That same day I

[3:56:03] went to Johansson High School with Mary Ann and Minas to do a podcast called Be

[3:56:08] the Change. Be the Change. Another inspiring moment with young people in our

[3:56:14] community. Tuesday, August 4th, Crystal Creamery celebrated its 125th anniversary employee

[3:56:21] appreciation event in our city. It was so exciting to be there to help them celebrate.

[3:56:29] Also that day met with Sammy Easton Field Representative for Senator Adam Schiff to discuss

[3:56:35] our priorities in the city of Modesto. August 4th, that was mentioned National Night Out.

[3:56:41] What a beautiful evening in Modesto to celebrate all the neighborhood of parties and family

[3:56:48] celebrations and neighbors just enjoying being together.

[3:56:51] August 7th, the Mary Grogon Phase 2 ribbon cutting, which is just a dream when 40 years

[3:56:57] ago for our city, and now that beautiful play structure and the soccer fields are used

[3:57:02] with thousands and thousands of children enjoying soccer tournaments.

[3:57:06] Just today, Tuesday, August 11th, Gallows Center for the Arts had a volunteer appreciation

[3:57:12] lunch with 175 volunteers.

[3:57:18] Some of them individually donate thousands of hours at our Center for the Arts to improve

[3:57:23] our community.

[3:57:25] I'm so inspired every day by this city and today was no exception.

[3:57:29] Thank you, as I mentioned at the beginning, we always welcome the community's comments

[3:57:33] and appreciate. Everyone has taken the time to share their thoughts.

[3:57:38] Tonight we were accused some of us of not writing our comments down. Do you know

[3:57:44] at these very meetings I've been blasted for writing comments? Tonight we were

[3:57:51] accused of not writing them. Every one of these comments will be noted in the

[3:57:56] minutes. They're tracked and they're in our minutes for anyone that wants to read

[3:58:01] them. That's all in the spirit of transparency. If I heard correctly there may have been

[3:58:07] a little threat of violence to us or to our families.

[3:58:13] We hear you.

[3:58:16] I have served, I served

[3:58:18] eight years on the Modesto City Schools Board of Education in five and a half years on

[3:58:22] this council that's 13 and a half years of participating in meetings just like this. And

[3:58:27] I guarantee you, if a comment is made on any item that is not on an agenda, that that

[3:58:36] is a flap in the face of transparency and public trust because the whole community has

[3:58:43] not had the opportunity to hear these discussions tonight nor even see an agenda item.

[3:58:49] and that is by law the essence of public trust and transparency. Thus the reason why I do what I do.

[3:59:02] So I hope that we can restore public trust if there's any that has been lost.

[3:59:08] It is my great desire to have trust in our community and I feel that this council has done a really good job

[3:59:17] of establishing that trust, and I want that to continue.

[3:59:20] Thank you so much for your engagement tonight.

[3:59:27] Do any of the council members have any other further comments and reports?

[3:59:32] Seeing none, does our city manager have any comments and reports?

[3:59:36] Yes, thank you, Mayor.

[3:59:38] How much press update is that the city is hosting a community meeting on the Pell and L street scape improvement project?

[3:59:43] It would be Thursday, this Thursday, August 13th, the 6 o'clock at Mildred Perkins Elementary School.

[3:59:50] My second update is the recent fatal collision involving an e-bocke writer as a heartbreaking reminder of how essential it is for everyone to prioritize safety on-

[4:00:00] On our roads and trails, our community continues to grieve this loss, and the city remains committed to taking meaningful steps to help prevent future tragedies. In response to growing safety concerns and the increased use of bicycles, e-bikes, and other similar modes of transportation, the city has been working to strengthen our municipal code. We are finalizing the proposed updates, which include clear guidelines, restrictions, and regulations in certain areas, and increased penalties for violations. We hope to bring this to the council in the very near future.

[4:00:29] And then Mayor, if you don't mind, I think I will weigh in a little bit on the data center just to provide some clarity of what has actually transpired.

[4:00:40] We do not have an active application for a data center in Modesto.

[4:00:44] It was a general inquiry.

[4:00:46] The city has not been asked to sign a non disclosure agreement.

[4:00:50] We haven't even been presented with one.

[4:00:52] One hasn't even been contemplated in this situation.

[4:00:54] And we've had maybe one to two calls, even inquiring about what a data center could come to Modesto.

[4:01:03] Our response remains the same.

[4:01:05] Our code does not allow for data centers in the city of Modesto.

[4:01:09] With that being said, we are exploring what a moratorium would look like.

[4:01:14] However, if the code is silent in this situation, they're not allowed anyway.

[4:01:18] And it would require a code amendment for a data center to be brought to Modesto.

[4:01:22] So if our goal is ultimately to ban data centers here in Modesto, we can simply update our code to make them prohibited in city limits outside of doing a moratorium.

[4:01:32] That's not saying that we may not do a moratorium, but we're determining the necessity of a moratorium because it's not allowed anyway.

[4:01:39] And so any changes that would need to occur would require the same kind of code amendment, whether we ban or have them.

[4:01:45] And clearly, we're here loud and clear from our community this evening.

[4:01:50] We're here loud and clear from the Mayor and City Council on their positions with respect to data centers.

[4:01:56] We'll continue to do our due diligence and see the steps we need to take to best protect our community.

[4:02:03] Thank you, Mayor.

[4:02:04] Thank you for your comments.

[4:02:05] Are there any matters too late for the agenda?

[4:02:09] Seeing none, I'm calling this meeting at the City Council.

[4:02:12] So be adjourned.

Council Meeting

Agenda

Transcript