Modesto City Council creates committee to curb delays in sales tax-funded road projects

The Modesto City Council on Tuesday night rejected throwing out the commission to oversee some road projects, instead creating another group to oversee it.

The council unanimously voted to reject a recommendation to repeal an ordinance that created a commission to oversee Measure L sales tax spending to improve traffic conditions throughout Stanislaus County.

Had the council approved the recommendation, a new ordinance would have suspended meetings of the Citizens’ Transportation Sales Tax Commission, replaced the commission members with seven volunteers appointed by council members, and changed its duties to mirror those of the Stanislaus Council of Government’s Measure L oversight committee.

As part of the council’s 7-0 vote, it agreed to create an ad-hoc council committee to have comprehensive discussions with the oversight commission and city staff to make changes that would expedite road projects funded by the sales tax.

Tuesday night’s vote came after a three-hour discussion on the issue.

Several irate members of the commission said they are not delaying any road projects. Some of the council members said the commission is stalling the process by acting as a policy-making group.

Jane Manley, a commission member, said she was upset about the “cavalier and dismissive way” council members criticized the commission a few weeks ago. She was surprised by their claims.

“We weren’t told we were holding things up,” Manley told the council.

At a meeting last month, some city council members said the oversight commission was delaying road projects and overstepping its authority 20 months after voters approved the Measure L sales tax.

Councilwoman Kristi Ah You said she was surprised at how last month’s vote to reconsider the commission’s bylaws turned into a recommendation to suspend its meetings and re-establishing the commission.

“That’s just unbelievable that we would consider disbanding or suspending an oversight committee,” Ah You said.

Stanislaus County Supervisor Vito Chiesa, a member of StanCOG policy board, also spoke at Tuesday’s city council meeting. He said StanCOG in the end will determine whether the sales tax money is being spent appropriately.

“I’m not telling you how to do it. I’m just telling you, ‘Let’s get going,’” Chiesa said about the road projects.

Dave Thomas, a commission member, told the city council members that they want an oversight commission that praises the city council after the money is spent. He said the council doesn’t want to hear from citizens or taxpayers.

“These unwarranted attacks on the commission is reprehensible,” Thomas told the council.

Councilman Doug Ridenour said the commission, when it was created, was not given proper direction and it now has a “convoluted purpose” of recommending policy. He said the commission should be made up of residents who live throughout the city, people affected by these road projects.

The commission is made up of members from a taxpayers’ association, neighborhood associations, a local nonpartisan political group, a business association such as a chamber of commerce, large and small businesses, a labor union and the county civil grand jury. There are 11 seats on the commission, but two are vacant.

Councilman Tony Madrigal said Measure L was approved by making a promise to the voters there would be an oversight commission. It would be a betrayal to the voters to change the commission or its role in the process.

“Oversight on the front end, oversight on the back end. I don’t see anything wrong with that,” Madrigal said.

Mike Rego, a member of the commission, called the council members’ claims of delays “fairy tales.” He said the commission only makes recommendations that are approved, denied or ignored by the council, which makes the final decision on each road project.

Rego told the council that the oversight commission was created to fulfill a promise to the voters to make sure the tax money is spent on “fixing streets and nothing else.”

Councilman Bill Zoslocki said he is concerned that the commission’s review of each project is adding about 30 days to the process, when time is crucial in road work.

“We’ve got to turn around these projects faster,” Zoslocki said.

He believes the commission has a conflict of interest, because it makes recommendations and also provides oversight. Tuesday night’s proposal, which was rejected, would have required the oversight commission to annually review the sales tax expenditures and issue an annual report.

“We have to have oversight after the fact. That’s where oversight exists,” Zoslocki said.

At last month’s meeting, the council voted 5-2 to rewrite the commission’s bylaws to emulate the bylaws for Stan COG committee, which has a hand in overseeing spending of Measure L money throughout the county.

Councilwoman Jenny Kenoyer said she thought the oversight commission would simply report to StanCOG how Modesto was spending the money, not try to make policy. She was reminded that she was part of a unanimous vote to create the commission in October 2016.

“I voted for something, I’m sorry, I misunderstood,” Kenoyer said.

Modesto Mayor Ted Brandvold said there’s a backlog of about $10 million worth of unfinished road projects, and that’s not the responsibility of the oversight commission. He said the ad-hoc committee can figure out how to get these projects to the commission for approval sooner.

“The city doesn’t have the best track record in spending,” Brandvold said. The mayor appointed himself, Zoslocki and Councilman Mani Grewal to that ad-hoc committee. All three also are members of the StanCOG policy board; Zoslocki is the chairman.

Members of the commission said those claims were false and a blatant attempt to remove transparency and assurances made to the voters to get the measure approved. Member Janice Keating said the commission has approved every project submitted by city staff and has not delayed anything.

“You want to close the curtains and shut out the light of day,” Keating told the council. “Anyone with some actual sense can see this is a bait-and-switch.”

Voters approved Measure L in November 2016. City officials have said Modesto has received about $10.6 million in sales tax revenue since the city began receiving quarterly payments in July 2017. The city has budgeted $12 million for road improvement projects that have been completed, are under construction or are in the works.

For the fiscal year 2017-18, only a project on Carpenter Road, between Chicago and Kansas avenues in west Modesto, is under construction, according to a report submitted July 31.

Construction is complete on a project to connect a Modesto Junior College bike path to the Virginia Corridor. And new traffic signals have been installed at Floyd Avenue and Millbrook Avenue; Prescott Road and Mt. Vernon Drive; and Roselle Avenue and Belharbour Drive.

The city has 13 other road projects in the works in varying stages. The design is done for the Lakewood Neighborhood Street project and construction could begin in October. Construction on the Standiford Avenue project is expected to begin next month.

There are projects in which the designs haven’t been completed, are awaiting review or are in the planning stages. Information about the Measure L projects in Modesto is on the city’s web site.

Grewal said an ad-hoc committee is needed to get road projects started and completed. He said the committee would look to remove any “road blocks” stalling these projects, but it will not circumvent the oversight of spending.

“We can’t have it in this huge pot of money and not spending it,” Grewal said.

This story was originally published September 4, 2018 at 10:39 PM.