Modesto City Council
April 11, 2023

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MODESTO CITY COUNCIL
www.modestogov.com
AGENDA
City of Modesto

CITY COUNCIL MEETING
Chambers, Basement Level
Tenth Street Place, 1010 10th Street
Modesto, California
Tuesday, April 11, 2023 at 5:30 PM
Roll Call - Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
“Wordly” can translate into 25+ different languages! To access written translation during the meeting, please scan the QR Code or click this link https://attend.wordly.ai/join/RJDY-6364.
"Wordly" puede traducir a más de 25 idiomas diferentes! Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace https://attend.wordly.ai/join/RJDY-6364.

THIS MEETING WILL BE PHYSICALLY OPEN TO THE PUBLIC AND BY ZOOM

VIDEO CONFERENCING AND TELEPHONE
Effective March 1, 2023, if a technical issue arises with Zoom or the phone dial-in option, the City Council meeting will continue unless the meeting is being held pursuant to the provisions of Assembly Bill 2449. Alternative viewing options are listed below and the meeting is physically open to the public.

You may observe a livestream of the meeting at http://media.modestogov.com. You may also participate in the meeting as indicated below.
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PARTICIPATING IN CITY COUNCIL MEETINGS
As a courtesy, the City of Modesto is providing alternatives to view Council meetings and provide public comments. If you wish to make either a general public comment or to comment on a specific agenda item, you may use one of the following options:

SUBMITTING COMMENTS BY E-MAIL
Written comments may be submitted via email to: [email protected] (include Agenda Item Number in the subject line). All comments will be shared with the Councilmembers and placed in the record, but will not be read aloud during the meeting. Written comments must be received two hours before the meeting.

VIRTUAL PARTICIPATION BY ZOOM VIDEO

CONFERENCING AND TELEPHONE
Joining the City Council meeting via Zoom
The City of Modesto is now offering the ability to view and participate in Council meetings via telephonic conferencing via “Zoom” video conferencing computer technology. The meeting may be accessed through the use of Zoom using the following options:
 Enter the following link into an Internet Browser
https://us02web.zoom.us/j/86945970570,
 Enter the following link into an Internet Browser https://zoom.us/ and using the Webinar ID 869 4597 0570
 Passcode 84326
To use Zoom, please visit: https://zoom.us/ and either sign-up for a free Zoom account or continue as a guest. Once you have downloaded the app onto your mobile device, joined from your web browser, or downloaded the Zoom software on your computer you will be ready for the upcoming Council meeting.

Joining the City Council meeting via Telephone
If you don’t have a smart phone or computer to access the meeting via Zoom, you can participate by phone, by calling 1-877-853-5257 (Toll Free) or 1-888-475-4499 (Toll Free) and enter the Webinar ID 869 4597 0570 Passcode 84326
Providing Public Comment on Zoom and by Telephone
The Mayor will request public comment during the Public Comment periods on the meeting agendas and during each Public Hearing and Regular Calendar Item on the Council Agenda.

Once the Mayor has announced the public comment period, please do one of the following.

USING A COMPUTER OR SMART PHONE APP:
 Click on the “Raise Hand” feature in the webinar controls. This will notify City staff that you have raised your hand.
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 City staff will unmute your microphone when it is your turn to provide public comment.
 A prompt will appear to confirm you would like to be unmuted and then you will have three minutes to provide public comment.
 Once your public comment has ended, you will be muted again.

USING A REGULAR PHONE (not using a computer or smart phone APP):
 Dial *9 (star 9), this will notify City staff that you have “raised your hand” for public comment.
 City staff will unmute your microphone when it is your turn to provide public comment.
 You will hear “you are unmuted” and then you will have three minutes to provide public comment.
 Once your public comment has ended, you will be muted again.  If your phone is unmuted, and you are unable to be heard, the host may ask that you Dial *6 to toggle mute on/off in Zoom.

Additional Zoom resources/support
Please visit Zoom’s website support page on helpful tips to prepare for the meeting:
https://support.zoom.us/hc/en-us/categories/201146643
Pledge of Allegiance to the Flag
Invocation: Edward Eissabake, St. John's Assyrian Evangelical Presbyterian Church City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session

ACKNOWLEDGEMENTS AND PRESENTATIONS

1. Proclamation declaring April 22, 2023 as Earth Day. (Funding Source: Not Applicable) CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]

2. Proclamation declaring April as Genocide Awareness Month (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]

3. Proclamation declaring the week of April 10 -14, 2023 as Community Development Week. (Funding Source: Not Applicable)
CED; Jessica Hill, 209-577-5321, [email protected]
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MISCELLANEOUS
Legislation, Appointments, Other

4. Consider accepting the resignation of Hank Pollard from the City of Modesto Planning Commission. (Funding Source: Not Applicable)
Staff Recommendation:
 Resolution accepting the resignation of Hank Pollard from the City of Modesto Planning Commission.

CED; Jessica Hill, 209-577-5267, [email protected]

5. Consider accepting the resignation of Tim Fisher from the Modesto Convention and Visitors Bureau Board of Directors. (Funding Source: Not Applicable) Staff Recommendation:
 Resolution accepting the resignation of Tim Fisher from the Modesto Convention and Visitors Bureau Board of Directors,
PRN; Laurie Smith, 209-577-5347, [email protected]

6. Consider appointing Chad Hilligus and Amber Lingley and reappointing Bert Tabrizi and Rodney Cordova, to the Modesto Convention and Visitors Bureau Board of Directors, for a two-year term retroactive to January 1, 2023 through December 31, 2024 (Funding Source: Not Applicable)
Staff Recommendation:
 Resolution appointing Chad Hilligus and Amber Lingley to the Modesto Convention and Visitors Bureau Board of Directors for a two-year term retroactive to January 1, 2023 through December 31, 2024.  Resolution reappointing Bert Tabrizi and Rodney Cordova to the Modesto Convention and Visitors Bureau Board of Directors for a two-year term retroactive to January 1, 2023 through December 31, 2024.

PRN; Laurie Smith, 209-577-5347, [email protected]

PUBLIC COMMENT PERIOD
Please refer to the special comment instructions above.

Three-minute time limit per speaker
Only interested persons in the audience may present these matters. Under State law, Councilmembers may respond to matters being presented under this item only as follows:
a. Briefly respond to statements made or questions raised. b. Ask a question for clarification.
c. Provide a reference to staff or other resources for factual information. d. Request staff to report back at a subsequent meeting. e. Finally, a Councilmember or the Council itself may take action to direct staff to place a matter of business on a future agenda.
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CONSENT ITEMS – ROLL CALL VOTE REQUIRED
Information concerning the consent items listed below has been forwarded to each Councilmember prior to this meeting for study. Unless some member of the audience or Councilmember has a question concerning an item and asks that it be withdrawn from the consent list, the Council approves the items at one time. The action taken by the Council in approving consent items is set forth in the explanation of this individual item.

Any and all of the following agenda items are subject to action by the Modesto City Council.

This Agenda is on file in the City Clerk’s Office, Sixth Floor, 10th Street Place, Posting Board at entry of 10th Street Place, and is available on the City’s Web site at www.modestogov.com.

In accordance with the requirements of Title II of the Americans with Disabilities Act (“ADA”) of 1990, the Fair Employment & Housing Act (“FEHA”), the Rehabilitation Act of 1973 (as amended), Government Code section 11135 and other applicable codes, the City of Modesto (“City”) will not discriminate against individuals on the basis of disability in the City’s services, programs, or activities. For more information, please visit the City of Modesto website at https://www.modestogov.com/865/Americans-with-Disabilities-Act-ADA In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (209) 577-5396. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

CONSENT
An item may be removed from consent and discussed at the request of an audience member or Councilmember.

Consent

7. Consider approving the minutes from the April 4, 2023 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
 Motion approving the minutes from the April 4, 2023 Council Meeting.

CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent

8. Consider approving Final Adoption of Ordinance 3761-C.S. amending Section 27-3-9 of the Zoning Map of the City of Modesto to Rezone from Low-Density Residential, r1, to Medium-High Density Residential, r-3, properties located 1505 and 1513 Scenic Drive (City of Modesto). (Funding Source: Not Applicable) Staff Recommendation:
 Motion approving Final Adoption of Ordinance 3761-C.S. amending Section 27-3-9 of the Zoning Map of the City of Modesto to Rezone from Low-Density Residential, r-1, to Medium-High Density Residential, r-3, properties located - 5 -
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1505 and 1513 Scenic Drive (City of Modesto).

CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent

9. Consider approving Final Adoption of Ordinance 3762-C.S. amending Section 10-

4.102 of Title 10, Chapter 4 (Development Standards), Article 1 (Residential Zones); repealing Section 10-4.115 and Section 10-4.116 of Title 10, Chapter 4 (Development Standards), Article 1 (Residential Zones); adding Article 5 regarding Accessory Dwelling Units to Title 10, Chapter 4 (Development Standards); and repealing and replacing Chapter 8 of Title 10 regarding Density Bonus and Affordable Housing. (Funding Source: Not Applicable)
Staff Recommendation:
 Motion approving Final Adoption of Ordinance 3762-C.S. amending Section 10-4.102 of Title 10, Chapter 4 (Development Standards), Article 1 (Residential Zones); repealing Section 10-4.115 and Section 10-4.116 of Title 10, Chapter 4 (Development Standards), Article 1 (Residential Zones); adding Article 5 regarding Accessory Dwelling Units to Title 10, Chapter 4 (Development Standards); and repealing and replacing Chapter 8 of Title 10 regarding Density Bonus and Affordable Housing.

CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent

10. Consider accepting the Informational Fiscal Year 2022-23 General Fund Mid-Year Update Report and approving the recommended budget adjustments to the major General Fund Revenues and Expenditures in the Fiscal Year 2022-23 Annual Operating Budget. . (Funding Source: General Fund)
Staff Recommendation:
 Resolution accepting the Informational Fiscal Year 2022-23 General Fund MidYear Update Report and approving the recommended budget adjustments to the major General Fund Revenues and Expenditures in the Fiscal Year 2022-23 Annual Operating Budget.

BUDGET; Steve Christensen, 209-577-5390, [email protected] Consent

11. Consider accepting Fiscal Year 2023-24 Engineer’s Annual Report for Landscape Maintenance Assessment District No. 1 for Dry Creek Meadows Subdivisions Nos. 1- 6; Notice of Intention to Levy and Collect Assessments for Landscape Maintenance Assessment District No. 1 for Dry Creek Meadows Subdivisions Nos. 1-6 and setting a Public Hearing on June 27, 2023, to Consider the Fiscal Year 2023-24 Levy and Collection of Assessments Within Landscape Maintenance Assessment District No. 1. (Funding Source: Landscape Maintenance District No. 1)
Staff Recommendation:
 Resolution accepting Fiscal Year 2023-24 Engineer’s Annual Report for Landscape Maintenance Assessment District No. 1 for Dry Creek Meadows Subdivisions Nos. 1-6; Notice of Intention to Levy and Collect Assessments for Landscape Maintenance Assessment District No. 1 for Dry Creek Meadows - 6 -
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Subdivisions Nos. 1-6 and setting a Public Hearing on June 27, 2023 to Consider the Fiscal Year 2023-24 Levy and Collection of Assessments Within Landscape Maintenance Assessment District No. 1.

CED; Peter Ibrahim, 209-577-5211, [email protected] Consent

12. Consider accepting the Fiscal Year 2023-24 Engineer’s Annual Report for Landscape Maintenance Assessment District No. 2 for Dry Creek Meadows Subdivisions Nos. 7- 10, Creekwood Meadows Subdivision, and Yosemite Meadows Subdivisions Units 1 and 2; Notice of Intention to Levy and Collect Assessments for Landscape Maintenance Assessment District No. 2 for Dry Creek Meadows Subdivisions Nos. 7- 10, Creekwood Meadows Subdivision, and Yosemite Meadows Subdivisions Units 1 and 2; and setting a Public Hearing on June 27, 2023 to Consider the Fiscal Year 2023- 24 Levy and Collection of Assessments Within Landscape Maintenance Assessment District No. 2. (Funding Source: Landscape Maintenance District No. 2) Staff Recommendation:
 Resolution accepting the Fiscal Year 2023-24 Engineer’s Annual Report for Landscape Maintenance Assessment District No. 2 for Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision, and Yosemite Meadows Subdivisions Units 1 and 2; Notice of Intention to Levy and Collect Assessments for Landscape Maintenance Assessment District No. 2 for Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision, and Yosemite Meadows Subdivisions Units 1 and 2; and setting a Public Hearing on June 27, 2023 to Consider the Fiscal Year 2023-24 Levy and Collection of Assessments Within Landscape Maintenance Assessment District No. 2.

CED; Peter Ibrahim, 209-577-5211, [email protected] Consent

13. Consider accepting the Fiscal Year 2023-24 Engineer’s Annual Report for the Shackelford Landscape and Lighting District; Notice of Intention to Levy and Collect Assessments for the Shackelford Landscape and Lighting District; and setting a Public Hearing on June 27, 2023, to Consider the Fiscal Year 2023-24 Levy and Collection of Assessments Within the Shackelford Landscape and Lighting District. (Funding Source: Shackelford Landscape and Lighting District)
Staff Recommendation:
 Resolution approving the Fiscal Year 2023-24 Engineer’s Annual Report for the Shackelford Landscape and Lighting District; Notice of Intention to Levy and Collect Assessments for the Shackelford Landscape and Lighting District; and setting a Public Hearing on June 27, 2023 to Consider the Fiscal Year 2023-24 Levy and Collection of Assessments Within the Shackelford Landscape and Lighting District.

CED; Peter Ibrahim, 209-577-5211, [email protected] Consent

14. Consider approving a Revolving Loan Fund Program for Capital Facilities Fees, Water - 7 -
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Connection and/or Wastewater Capacity Fees; and a Downtown Revolving Loan Fund Program for Construction Costs and Fees. (Funding Source: American Rescue Plan Act)
Staff Recommendation:
 Resolution approving a Revolving Loan Fund Program for Capital Facilities Fees, Water Connection and/or Wastewater Capacity Fees; and a Downtown Revolving Loan Fund Program for Construction Costs and Fees CED; Peter Ibrahim, 209-577-5211, [email protected] Consent

15. Consider approving the City of Modesto’s Permanent Local Housing Allocation (PLHA) Program Year Three Award. (Funding Source: Permanent Local Housing Allocation Funds)
Staff Recommendation:
 Resolution approving the City of Modesto’s Permanent Local Housing Allocation (PLHA) Program Year Three Award, authorizing the City Manager, or his designee, to negotiate and execute any related program agreements, contracts or other documentation required for implementation and acceptance of the Permanent Local Housing Allocation (PLHA) Program, and to take the necessary steps to implement the provision of this Resolution.  Resolution amending the Fiscal Year 2022-2023 Multi-Year Fund Budget to a project for the Fiscal Year 2022-2023 PLHA Program to be funded with Permanent Local Housing Allocation Program Grant and authorizing the City Manager or his designee to take the necessary steps to implement the provisions of this Resolution.

CED; Edgar Garcia, 209-577-5211, [email protected] Consent

16. Consider approving the Encampment Resolution Funding Program Application. (Funding Source: Encampment Resolution Funding)
Staff Recommendation:
 Resolution approving the Encampment Resolution Funding Program Application, and authorizing the City Manager, or his designee, to submit the Encampment Resolution Funding (ERF) Application, and applicable documentation, as required by California Interagency Council on Homelessness (Cal-ICH), and to take the necessary steps to implement the provision of this Resolution.

CED; Edgar Garcia, 209-577-5211, [email protected] Consent

17. Consider authorizing the City Manager, or designee, to negotiate and enter into Agreements to relocate utilities with various Public Utility Companies, including Union Pacific Railroad, AT&T, State Lands Commission, and other Public Agencies as necessary to facilitate the construction of the new 7th Street Bridge over the Tuolumne River. (Funding Source: Capital Facility Fees)
Staff Recommendation:
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 Resolution authorizing the City Manager, or designee to negotiate and enter into Agreements to relocate utilities with Various Public Utility Companies, including Union Pacific Railroad, AT&T, State Lands Commission, and other Public Agencies as necessary to facilitate the construction of the new 7th Street Bridge over the Tuolumne River.

CED; Toby Wells, 209-571-5542, [email protected]
Consent

18. Consider adopting the Bylaws for the Measure L Citizens’ Transportation Sales Tax Commission. (Funding Source: Not Applicable)
Staff Recommendation:
 Resolution adopting the Bylaws for the Measure L Citizens’ Transportation Sales Tax Commission.

CED; Toby Wells, 209-571-5542, [email protected]
Consent

19. Consider accepting the Monthly Investment Report for January 2023. (Funding Source:

Various Funds)
Staff Recommendation:
 Motion accepting the Monthly Investment Report for January 2023.

FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
Consent

20. Consider approving an Agreement with Elavon, Inc., Atlanta, GA for Merchant Services for an annual estimated amount of $141,965 and a total amount not to exceed $1,135,720 over eight years. (Funding Source: Various Funds) Staff Recommendation:
 Resolution approving an Agreement with Elavon, Inc., Atlanta, GA, by utilizing the State of California’s Merchant Service Agreement, for Merchant Services for a four-year Agreement with two two-year extension options, for an annual estimated amount of $141,965 and a total amount not to exceed $1,135,720 over eight years; and authorizing the City Manager, or his designee, to execute the Agreement.

FINANCE DEPARTMENT; Gina Brown, 209-577-5381, [email protected] Consent

21. Consider approving a Purchasing Agreement with the California Department of Technology and Crayon Software Experts, LLC of Dallas, TX, for the City’s Microsoft “Enterprise Agreement” (MSEA) and Licensing, for a total amount not to exceed $2,640,392, over thirty-five months. (Funding Source: Information Technology Fund) Staff Recommendation:
 Resolution approving a Purchase Agreement with the California Department of Technology and Crayon Software Experts, LLC of Dallas, TX, by utilizing the Competitive Bid Process with the California Department of Technology and Riverside County, (Government Agencies who completed the bid) for a total - 9 -
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amount not to exceed $2,640,392, over thirty-five months and authorizing the City Manager, or his designee, to execute the Agreement.

IT; Kevin Harless, 209-571-5593, [email protected] Consent

22. Consider approving a First Amendment to the Annual Agreement with West Coast Arborists, Inc., of Anaheim, CA for the furnishing of On-Call Vegetation Management Services for the Parks, Recreation and Neighborhoods Department for a one-time increase of $350,000 to year two of the Agreement, for a year two total of $600,000, and for a total revised estimated amount not to exceed $1,600,000 over the term of the Agreement. (Funding Source: Tuolumne River Regional Park Operations Fund, Measure H)
Staff Recommendation:
 Resolution approving a First Amendment to the Annual Agreement with West Coast Arborists, Inc., of Anaheim, CA for the furnishing of On-Call Vegetation Management Services for the Parks, Recreation and Neighborhoods Department for a one-time increase of $350,000 to year two of the Agreement, for a year two total of $600,000, and for a total revised amount not to exceed $1,600,000 over the term of the Agreement and authorizing the City Manager, or his designee, to execute the Amendment.

PRN; Nathan Houx, 209-571-5526, [email protected]
Consent

23. Consider approving the submission of the City’s Local Transportation Funds Fiscal Year 2022-2023 Claim for Non-Motorized and Other Purposes (bike lanes and pedestrian pathways) in the amount of $297,316 to the Stanislaus Council of Governments (StanCOG) to be used for Virginia Corridor Phase VII. (Funding Source:

Local Transportation Funds)
Staff Recommendation:
 Resolution approving the submission of the City’s Local Transportation Funds Fiscal Year 2022-2023 Claim for Non-Motorized and Other Purposes (bike lanes and pedestrian pathways) in the amount of $297,316 to the Stanislaus Council of Governments (StanCOG) and authorizing the City Manager, or his designee, to take the necessary steps to implement the provisions of this Resolution.
 Resolution amending the Fiscal Year 2022-2023 Capital Improvement Program Budget to fund Project 100813 (Virginia Corridor Phase VII) in an amount not to exceed $666,382 in transfers, revenue, and to budget expenditures to fund the project and authorizing the City Manager or his designee, to implement the provisions of this Resolution.

PRN; Nathan Houx, 209-571-5526, [email protected]
Consent

24. Consider approving a list of projects to be funded with Road Repair and Accountability Act Tax Proceeds for Fiscal Year 2023-2024. (Funding Source: Senate Bill 1 Funds) Staff Recommendation:
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 Resolution approving a list of projects to be funded with Road Repair and Accountability Act Tax Proceeds in Fiscal Year 2023-24 in an amount up to $5,834,851.

PUBLIC WORKS; John Sphar, 209-342-2235, [email protected] Consent

25. Consider authorizing the submittal of application(s) to CalRecycle for the Organics Grant Program. (Funding Source: Not Applicable)
Staff Recommendation:
 Resolution authorizing the submittal of application(s) to the CalRecycle Organics Grant Program, and authorizing the City Manager, or his designee, to sign Grant Applications and related forms.

PUBLIC WORKS; Rosene Salmo, 209-577-5453, [email protected] Consent

26. Consider authorizing the submittal of application(s) to the Environmental Protection Agency for the Climate Pollution Reduction Grant program. (Funding Source: Not Applicable)
Staff Recommendation:
 Resolution authorizing the submittal of application(s) to the Environmental Protection Agency Climate Pollution Reduction Grant Program, and authorizing the City Manager, or his designee, to sign Grant Applications and related forms.

PUBLIC WORKS; Nathan Gorth, 209-577-5453, [email protected] Consent

27. Consider approving the Plans and Specifications for the Grayson Community Strengthen & Replace Water Mains Project; accepting the Bid and Awarding a Construction Contract to D.A. Wood Construction, Inc., of Oakdale, CA, for a total amount not to exceed $2,966,217. (Funding Source: Water Fund) Staff Recommendation:
 Resolution approving Plans and Specifications for the Grayson Community Strengthen & Replace Water Mains Project, accepting the Bid, and approving a Construction Contract with D.A. Wood Construction, Inc., of Oakdale, CA, in the amount of $2,696,561, plus $269,656 in contingency (if needed), for a total amount not to exceed $2,966,217 and authorizing the City Manager, or his designee, to execute the Contract.
 Resolution authorizing an increase in the Director’s Authority to issue Change Orders for the Grayson Community Strengthen & Replace Water Mains Project from 8% ($215,725) to 10% ($269,656) of the Construction Contract amount of $2,696,561 with D.A. Wood Construction, Inc., of Oakdale, CA.  Resolution amending the Fiscal Year 2022-23 Capital Improvement Program Budget in the amount of $1,163,000 to be transferred into the Project from Water Fund Reserves in order to fund the Construction Phase of the Grayson Community Strengthen & Replace Water Mains Project.

UTILITIES; Edgar Vargas, 209-577-5424, [email protected] - 11 -
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Consent

28. Consider accepting the Department of Water Resources 2021 Urban and Multibenefit Drought Relief Grant Program Award of $1,000,000 for the Well 312 Treatment System & Flush Line Project; authorizing the City Manager, or his designee, to enter into a Local Project Sponsor Agreement with Contra Costa Water District and execute all grant-related documents. (Funding Source: Water Fund) Staff Recommendation:
 Resolution accepting the Department of Water Resources 2021 Urban and Multibenefit Drought Relief Grant Program Award of $1,000,000 for the Well 312 Treatment System and Flush Line Project; authorizing the City Manager, or his designee, to enter into a Local Project Sponsor Agreement with Contra Costa Water District and to execute all grant-related documents and authorizing the Director of Finance to be the signatory of Grant Invoice Forms during requests for reimbursements.
 Resolution amending the Fiscal Year 2022-23 Capital Improvement Program Budget in the amount of $1,306,000 in order to accept a Grant Award from the Department of Water Resources and fund the Well 312 Treatment System and Flush Line Project.

UTILITIES; Edgar Vargas, 209-577-5424, [email protected] Consent

29. Consider approving three On-Call Agreements for Materials Testing and Special Inspection Services, with Krazan & Associates, Inc., BSK Associates, and Terracon Consultants, Inc., for a one-year Agreement with two one-year extension options, for an annual amount not to exceed $74,500 per consultant, and a total amount not to exceed $223,500 per consultant over three years. (Funding Source: Various Capital Improvement Program Projects)
Staff Recommendation:
 Resolution approving an On-Call Agreement with Krazan & Associates, Inc., for Materials Testing and Special Inspection Services, for a one-year Agreement with two one-year extension options, for an annual amount not to exceed $74,500, and a total amount not to exceed $223,500 over three years and authorizing the City Manager or his designee to execute the Agreement.  Resolution approving an On-Call Agreement with BSK Associates, for Materials Testing and Special Inspection Services, for a one-year Agreement with two one-year extension options, for an annual amount not to exceed $74,500, and a total amount not to exceed $223,500 over three years and authorizing the City Manager or his designee to execute the Agreement.  Resolution approving an On-Call Agreement with Terracon Consultants Inc., for Materials Testing and Special Inspection Services, for a one-year Agreement with two one-year extension options, for an annual amount not to exceed $74,500, and a total amount not to exceed $223,500 over three years and authorizing the City Manager or his designee to execute the Agreement.

UTILITIES; Peter Kambel, 209-577-5444, [email protected] - 12 -
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Consent

30. Consider approving a First Amendment to the Agreement with National Plant Services, Inc., of Hayward, CA, for Pipe Inspection and Assessment Services for the River Trunk Inspection and Assessment Project for a revised Agreement total not to exceed $510,300. (Funding Source: Wastewater Fund)
Staff Recommendation:
 Resolution approving a First Amendment to the Agreement with National Plant Services, Inc., Hayward, CA, for Pipe Inspection and Assessment Services for the River Trunk Inspection and Assessment Project in the amount of $331,000, for an Agreement total not to exceed $510,300; and authorizing the City Manager, or his designee, to execute the Amendment.
 Resolution amending the Fiscal Year 2022/23 Multi-Year Program Budget in the amount of $331,000 to be transferred into the project from Wastewater Fund Reserves in order to fund the River Trunk Inspection and Assessment Project.

UTILITIES; Robert Englent, 209-577-6222, [email protected]

COUNCIL COMMENTS & REPORTS

CITY MANAGER COMMENTS & REPORTS

NEW BUSINESS

31. Consider approving the Purchase and Agreements for the Cybersecurity Attack Responses for an amount of $548,266 plus 7% contingency in the amount of $38,379 for a total amount not to exceed $586,645 and approving Agreements with Security Tool Vendors in an amount of $462,210 plus 7% contingency in the amount of $34,790 for a total amount not to exceed $497,000. (Funding Source: City Insurance Fund and Information Technology Fund)
Staff Recommendation:
 Resolution approving the Purchase and Agreements for the Cybersecurity Attack Responses for an amount of $548,266 plus 7% contingency in the amount of $38,379 for a total amount not to exceed $586,645 and authorizing the City Manager, or his designee, to execute these Agreements.  Resolution approving the Agreements with Security Tool Vendors in an amount of $462,210 plus 7% contingency in the amount of $34,790 for a total amount not to exceed $497,000 and authorizing the City Manager, or his designee, to execute these Agreements.

IT; Scott Conn, 209-577-5229, [email protected]

32. Consider approving a three-year extension of the irrevocable direct pay Letter of Credit (LOC) with BMO Harris Bank N.A. (formerly Bank of the West) supporting the Lease Revenue Bonds, Series 2008 (Bonds) authorizing the distribution of a Supplemental Official Statement, and authorizing certain other related actions to complete the threeyear extension to the Lease Revenue Bonds LOC. (Funding Source: General Fund, Redevelopment Successor Agency and Various Funds)
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Staff Recommendation:
 Resolution of the City Council of the City of Modesto relating to Modesto Public Financing Authority Lease Revenue Refunding Bonds Series 2008; approving Amendment No. 1 to Reimbursement Agreement among BMO Harris Bank N.A., City of Modesto and Modesto Public Financing Authority; Amendment No. 1 to Fee Letter Agreement; and a supplement to Official Statement; and authorizing certain other related actions.

FINANCE DEPARTMENT; DeAnna Christensen, 209-577-5387,
[email protected]

33. Consider approving a three-year Standby Certificate Purchase Agreement (SCPA) with BMO Harris Bank N.A. (formerly Bank of the West) supporting the Water Refunding Revenue Certificates of Participation, Series 2008A (Water Bonds) authorizing certain other related actions to substitute the Agreement for the existing Letter of Credit (LOC). (Funding Source: Water Fund)
Staff Recommendation:
 Resolution of the City Council of the City of Modesto relating to Water Refunding Revenue Certificates of Participation, 2008 Series A; approving the forms of and authorizing the execution and delivery of a Standby Certificate Purchase Agreement and a Fee Letter with BMO Harris Bank N.A. (successor in interest to Bank of the West); approving the form of and authorizing the distribution of a remarketing memorandum in connection therewith; and authorizing certain other related actions.

FINANCE DEPARTMENT; DeAnna Christensen, 209-577-5387,
[email protected]

34. Consider approving the Purchase of the Modesto Police Department Patrol Vehicles and a Modesto Fire Department Boat with Trailer replacement and authorizing the City Manager or his designee to issue the Purchase Orders. (Funding Source: General Fund and Fleet Replacement Fund)
Staff Recommendation:
 Resolution approving the Purchase of Modesto Police Department Patrol Vehicles and Modesto Fire Department Boat with Trailer replacements under Exhibit A and authorizing the City Manager or his designee to issue the Purchase Orders.

FINANCE; Dianne Love, 209-571-5164, [email protected]

35. Discussion of the use of American Rescue Plan Act (ARPA) funds to provide funding for Hazard Pay to retirees and possible direction from Council (Funding Source: ARPA funds)
Staff Recommendation:
 There is no staff recommendation associated with this item.

HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] - 14 -
4/11/2023
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4/11/2023 5:30:00 PM

MATTERS TOO LATE FOR THE AGENDA
These may be presented by members of the City Council and staff upon determination by a majority vote that an emergency exists, as defined by State law, or by a 2/3 vote that (1) there is a need to take immediate action, and (2) that the need for action came to the City’s attention after the agenda was posted.

ADJOURNMENT

CLOSED SESSION
Please take notice that a special Closed Session meeting of the Council of the City of Modesto has been called pursuant to Section 2-1.02 of the Modesto Municipal Code to be convened on
TUESDAY, APRIL 11, 2023 AT 5:00 PM
and before the regularly scheduled meeting in the Tenth Street Place, Chambers Conference Room, Basement Level, 1010 Tenth Street, Modesto, California.

Any and all of the following agenda items are subject to action being taken by the Modesto City Council.

The business to be considered at said City Council meeting shall consist of a Closed Session concerning the following:

CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
One Case (Pursuant to Section 54956.9(d)(4) of the Government Code) Case Name: Potential Litigation Related to National Opiate Litigation U.S.D.C. Eastern District of California,
Case No. 218-cv-001135 and U.S.D.C., Northern District of Ohio,
MDL No. 2804, Case No. 17-MD-2804
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
at by
date time signature
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4/11/2023

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

April 11, 2023
Date: March 16, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Interim Director of Community and Economic Development SUBJECT: Planning Commission Resignation
CONTACT: Jessica Hill, Interim Director of Community and Economic Development [email protected] , 209-577-5267
DESCRIPTION:

Consider accepting the resignation of Hank Pollard from the City of Modesto Planning Commission. (Funding Source: Not Applicable)
STRATEGIC PLAN ELEMENT:

This action supports the City’s Strategic Commitment, “Build Community trust in City Government through Responsive, Transparent and Efficient Service Delivery. Goal I. Promote Trust and Engagement between the Community and the City”.

BACKGROUND:

The Planning Commission is responsible for making decisions and recommendations regarding the development of the community. The Planning Commission has final authority regarding subdivision maps and parcel maps, certain zoning matters and development plans, and occasionally matters appealed either from the staff level or Board of Zoning Adjustment. The Planning Commission makes recommendations to the City Council regarding annexations, rezonings, code amendments and most General Plan-related matters. Seven (7) members are appointed by the City Council for a 4-year term.

The City of Modesto Charter authorizes the City Council to appoint members to various Boards and Commissions with the recommendation of the City’s Appointments Committee.

DISCUSSION:

Planning Commissioner Hank Pollard submitted his letter of resignation to the Planning Commission on March 3, 2023. Prior to his resignation, Hank’s term would have ended January 1, 2025. This vacancy is to be filled by a prospective candidate, subject to interviews by the Appointments Committee, as required by Council policy, and final approval by the City Council. #4..
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City Council, April 11, 2023
Planning Commission Resignation

FISCAL IMPACT:

There is no fiscal impact related to this action.

COMMITTEE RECOMMENDATION:

Planning Commission resignations are brought directly to Council for consideration and approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution accepting the resignation of Hank Pollard from the City of Modesto Planning Commission.

Approved by:

Jessica Hill, Interim Director of C&EDD
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Letter of Hank Pollard Resignation
#4..
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04112023/C&EDD/jhill 1 2023-

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-

RESOLUTION ACCEPTING THE RESIGNATION OF HANK POLLARD FROM

THE CITY OF MODESTO PLANNING COMMISSION
WHEREAS, the Planning Commission is responsible for making decisions and recommendations regarding the development of the community, has final authority regarding subdivision maps and parcel maps, certain zoning matters and development plans, and occasionally matters appealed either from the staff level or Board of Zoning Adjustment, and makes recommendations to the City Council regarding annexations, rezonings, code amendments and most General Plan-related matters, and WHEREAS, the Planning Commission consists of seven (7) members appointed by the City Council for a 4-year term, as authorized by Section 1102 of the Charter of the City of Modesto, and
WHEREAS, Hank Pollard was appointed to serve as a member of the Planning Commission on November 1, 2016, then was reappointed in 2020 and voted on multiple code amendments and served as Citizens Housing and Community Development Committee Representative, and
WHEREAS, Hank Pollard has tendered his resignation from the Planning Commission.

NOW, THEREFORE, BE IT RESOLVED that the City of Modesto City Council hereby accepts the resignation of Hank Pollard from the Planning Commission be.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 11th day of April, 2023 by Councilmember , who #4..
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04112023/C&EDD/jhill 2 2023-
moved its adoption, which motion being duly seconded by Councilmember , was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: ____________________________
DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:

By: ______________________________________
JOSE M. SANCHEZ, City Attorney
#4..
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From: Henri Pollard [email protected]
Subject: Resignation from City of Modesto Planning Commission Date: March 3, 2023 at 1:56 PM
To: Mitchell Steve [email protected]
Cc: Amber Dick [email protected]
Dear Steve,
Please accept this email as my resignation from the planning commission, effective immediately.

It has been my pleasure to serve the City of Modesto on the Planning Commission and Board of Zoning Adjustment for the past fifteen years. I especially appreciate having had the opportunity to work with such a dedicated staff and exceptional fellow volunteers.

Regards,
Henri A Pollard
#4..
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

April 11, 2023
Date: March 20, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Laurie A. Smith, Director of Parks, Recreation and Neighborhoods SUBJECT: Modesto Convention and Visitors Bureau Board of Director Resignation CONTACT: Laurie A. Smith, Director of Parks, Recreation and Neighborhoods, [email protected], 209-577-5347
DESCRIPTION:

Consider accepting the resignation of Tim Fisher from the Modesto Convention and Visitors Bureau Board of Directors. (Funding Source: Not Applicable) STRATEGIC PLAN ELEMENT:

This action supports the City’s 2020-2025 Strategic Plan’s Area of Focus to promote its economic vitality goals to drive the success of a vibrant and economically sustainable business climate, build and promote a recognizable and desirable identity of the City of Modesto, and to make downtown Modesto a regional destination.

BACKGROUND:

Section 1102 of the Charter of the City of Modesto authorizes the City Council to appoint members to various Boards and Commissions with the recommendation of the City’s Appointments Committee. The purpose of the Modesto Convention and Visitors Bureau is to

1. Attract visitors to the area by promoting and marketing Modesto as a convention, sports, tourism, and leisure travel destination;

2. To provide coordination and leadership for the community and the visitor industry on matter relating to convention activity and tourism;

3. To gather community information designed to convey to opinion leaders and the public at large, the status of the visitor industry; and

4. To work with local government agencies, private enterprise, and other interested parties to structure and implement suitable financing plans.

DISCUSSION:

On December 7, 2021, by Resolution No. 2021-456, Tim Fisher was appointed to the Modesto Convention and Visitors Bureau Board of Directors. No longer able to serve, Mr. Fisher submitted his letter of resignation to the Board of Directors on February 4, 2023. #5..
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City Council, April 11, 2023
Modesto Convention and Visitors Bureau Board of Director Resignation

FISCAL IMPACT:

There is no fiscal impact.

COMMITTEE RECOMMENDATION:

This agenda item was previously heard by the Appointments Committee on February 23, 2023, and the Committee unanimously approved forwarding the item to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution accepting the resignation of Tim Fisher from the Modesto Convention and Visitors Bureau Board of Directors.

Approved by:

Laurie A. Smith, Director of Parks, Recreation
and Neighborhoods
Joseph P. Lopez, City Manager
Attachments:

1. Resolution
#5..
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4/11/2023/PRND/SMITH 1 2023-?

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-

RESOLUTION ACCEPTING THE RESIGNATION OF TIM FISHER FROM

THE MODESTO CONVENTION AND VISITORS BUREAU BOARD OF

DIRECTORS
WHEREAS, Section 1102 of the Charter of the City of Modesto authorizes the City Council to appoint members to various Boards and Commissions, and WHEREAS, by Resolution No. 2019-201, Council’s authority to appoint members to the Modesto Convention and Visitors Bureau Board of Directors was affirmed, and
WHERAS, on December 7, 2021, by Resolution No. 2021-456, Council appointed Tim Fisher to the Modesto Convention and Visitors Bureau Board of Directors, and
WHEREAS, on February 4, 2023, Tim Fisher submitted his letter of resignation.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby accepts the resignation of Tim Fisher from the Modesto Convention and Visitors Bureau Board of Directors.

BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit a copy of this resolution to the appointed members of the Modesto Convention and Visitors Bureau, and the Secretary, thereof.
#5..
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4/11/2023/PRND/SMITH 2 2023-?
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 11th day of April, 2023, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

DIANE NAYARES-PEREZ, City Clerk
APPROVED AS TO FORM:

BY: ___________________________
JOSE M. SANCHEZ, City Attorney
#5..
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

April 11, 2023
Date: March 20, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Laurie A. Smith, Director of Parks, Recreation and Neighborhoods SUBJECT: Modesto Convention and Visitors Bureau Board of Director Appointments and Reappointments
CONTACT: Laurie A. Smith, Director of Parks, Recreation and Neighborhoods, [email protected], 209-577-5347
DESCRIPTION:

Consider appointing Chad Hilligus and Amber Lingley and reappointing Bert Tabrizi and Rodney Cordova, to the Modesto Convention and Visitors Bureau Board of Directors, for a two-year term retroactive to January 1, 2023 through December 31, 2024. (Funding Source: Not Applicable)
STRATEGIC PLAN ELEMENT:

This action supports the City’s 2020-2025 Strategic Plan’s Area of Focus to promote its economic vitality goals to drive the success of a vibrant and economically sustainable business climate, build and promote a recognizable and desirable identity of the City of Modesto, and to make downtown Modesto a regional destination.

BACKGROUND:

Section 1102 of the Charter of the City of Modesto authorizes the City Council to appoint members to various Boards and Commissions with the recommendation of the City’s Appointments Committee. The purpose of the Modesto Convention and Visitors Bureau is to

1. Attract visitors to the area by promoting and marketing Modesto as a convention, sports, tourism, and leisure travel destination;

2. To provide coordination and leadership for the community and the visitor industry on matter relating to convention activity and tourism;

3. To gather community information designed to convey to opinion leaders and the public at large, the status of the visitor industry; and

4. To work with local government agencies, private enterprise, and other interested parties to structure and implement suitable financing plans.

In compliance with the CVB Bylaws, the Board of Directors (BOD) shall be comprised of a minimum of seven and no more than nine members. Three (3) Board Members shall represent #6..
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City Council, April 11, 2023
Modesto Convention and Visitors Bureau
Board of Director Appointments and Reappointments

a major entertainment, restaurant, sports venue, retail business or attraction (Entertainment); two (2) Board Members shall represent the lodging industry within the City of Modesto (Lodging); and two (2) Board Members shall be residents of the City of Modesto which may or may not be directly associated with the tourism, hospitality or entertainment industries, but shall have demonstrated an interest in the City (Resident). When appointing up to nine (9) members, the two (2) additional Board Members shall meet a minimum of one of the aforementioned qualifications (Entertainment, Lodging, or Resident).

DISCUSSION:

At this time, the Modesto Convention and Visitors Bureau Board of Directors has two vacancies for Directors representing the entertainment industry. Chad Hilligus, CEO of the Gallo Center for the Performing Arts, and Amber Lingley, Marketing Coordinator for The State Theater, desire to serve. Pending approval by Council, each will serve a two-year term retroactive to January 1, 2023 through December 31, 2024.

On January 12, 2021, by Resolution No. 2021-003, Council reappointed Bert Tabrizi and Rodney Cordova, to the Modesto Convention and Visitors Bureau Board of Directors to a second term. Both Directors desire to be reappointed for a third and final term. Director Tabrizi represents the lodging industry and Director Cordova is a resident representative. Both incumbents have attended all scheduled meetings in 2021 and 2022 or have been properly excused in advance. Pending approval by Council, each will serve retroactive to January 1, 2023 through December 31, 2024.

FISCAL IMPACT:

There is no fiscal impact.

COMMITTEE RECOMMENDATION:

This agenda item was previously heard by the Appointments Committee on February 23, 2023, and the Committee unanimously approved forwarding the item to Council for approval. Of note, the Appointments Committee did select an applicant to serve the balance of Tim Fisher’s term, however, the applicant has since withdrawn the application for personal reasons.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution appointing Chad Hilligus and Amber Lingley to the Modesto Convention and Visitors Bureau Board of Directors for a two-year term retroactive to January 1, 2023 through December 31, 2024.

Resolution reappointing Bert Tabrizi and Rodney Cordova to the Modesto Convention and Visitors Bureau Board of Directors for a two-year term retroactive to January 1, 2023 through December 31, 2024.

Approved by:

Laurie A. Smith, Director of Parks, Recreation
and Neighborhoods
Joseph P. Lopez, City Manager
#6..
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City Council, April 11, 2023
Modesto Convention and Visitors Bureau
Board of Director Appointments and Reappointments

Attachments:

1. Resolutions (2)
#6..
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4/11/2023/PRND/SMITH 1 2023-?

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-

RESOLUTION APPOINTING CHAD HILLIGUS AND AMBER LINGLEY TO

THE MODESTO CONVENTION AND VISITORS BUREAU BOARD OF
DIRECTORS FOR A TWO-YEAR TERM RETROACTIVE TO JANUARY 1, 2023 THROUGH DECEMBER 31, 2024
WHEREAS, Section 1102 of the Charter of the City of Modesto authorizes the City Council to appoint members to various Boards and Commissions, and WHEREAS, by Resolution No. 2019-201, Council’s authority to appoint members to the Modesto Convention and Visitors Bureau Board of Directors was affirmed, and
WHEREAS, on February 23, 2021, the Appointments Committee unanimously recommended the appointment of Chad Hilligus and Amber Lingley be forwarded to Council for approval, and
WHEREAS, the appointment will be for two years retroactive to January 1, 2023 through December 31, 2024.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby appoints Chad Hilligus and Amber Lingley to the Modesto Convention and Visitors Bureau Board of Directors for a two-year term retroactive to January 1, 2023 through December 31, 2024.

BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit a copy of this resolution to the appointed members of the Modesto Convention and Visitors Bureau, and the Secretary, thereof.
#6..
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4/11/2023/PRND/SMITH 2 2023-?
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 11th day of April, 2023, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

DIANE NAYARES-PEREZ, City Clerk
APPROVED AS TO FORM:

BY: ___________________________
JOSE M. SANCHEZ, City Attorney
#6..
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4/11/2023/PRND/SMITH 1 2023-?

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-

RESOLUTION REAPPOINTING BERT TABRIZI AND RODNEY CORDOVA

TO THE MODESTO CONVENTION AND VISITORS BUREAU BOARD OF
DIRECTORS FOR A TWO-YEAR TERM RETROACTIVE TO JANUARY 1, 2023 THROUGH DECEMBER 31, 2024
WHEREAS, Section 1102 of the Charter of the City of Modesto authorizes the City Council to appoint members to various Boards and Commissions, and WHEREAS, by Resolution No. 2019-201, Council’s authority to appoint members to the Modesto Convention and Visitors Bureau Board of Directors was affirmed, and
WHEREAS, on January 12, 2021, by Resolution No. 2021-003, Council approved the reappointments of Bert Tabrizi and Rodney Cordova to the Modesto Convention and Visitors Bureau Board of Directors, and
WHEREAS, on February 23, 2023, the Appointments Committee unanimously recommended the reappointment of Bert Tabrizi and Rodney Cordova be forwarded to Council for approval, and
WHEREAS, the reappointments will be for two years retroactive to January 1, 2023 through December 31, 2024.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby reappoints Bert Tabrizi and Rodney Cordova to the Modesto Convention and Visitors Bureau Board of Directors for a two-year term retroactive to January 1, 2023 through December 31, 2024.

BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit a copy of this resolution to the appointed members of the Modesto Convention and Visitors Bureau, and the Secretary, thereof.
#6..
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4/11/2023/PRND/SMITH 2 2023-?
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 11th day of April, 2023, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

DIANE NAYARES-PEREZ, City Clerk
APPROVED AS TO FORM:

BY: ___________________________
JOSE M. SANCHEZ, City Attorney
#6..
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4/4/2023 5:30:00 PM

MODESTO CITY COUNCIL
www.modestogov.com

MINUTES
City of Modesto

CITY COUNCIL MEETING
Chambers, Basement Level
Tenth Street Place, 1010 10th Street
Modesto, California
Tuesday, April 04, 2023 at 5:30 PM
Roll Call - Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
Pledge of Allegiance to the Flag
Invocation: Jeff Pishney, LSC
City Clerk’s Announcements: None
Declaration of Conflicts of Interest: None
Reports from Closed Session: City Attorney Sanchez reported on the Existing Litigation item under Closed Session (Seever et al v. City of Modesto, et al). The parties have agreed to settle the case for a global settlement, in the amount of $ 7,500,000. This will end the litigation in the consolidated civil lawsuits. The Council unanimously voted to move forward with this settlement.

ACKNOWLEDGEMENTS AND PRESENTATIONS

1. Proclamation declaring April 9-15 as Emergency Dispatch Appreciation Week. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]
#7..
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4/4/2023 5:30:00 PM
ACTION: Mayor Zwahlen presented a Proclamation declaring April 9-15 as Emergency Dispatch Appreciation Week.

2. Proclamation declaring April as National Volunteer Month. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]
ACTION: Mayor Zwahlen presented a Proclamation declaring April as National Volunteer Month.

3. Proclamation declaring April as Fair Housing Month. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]
ACTION: Mayor Zwahlen presented a Proclamation declaring April as Fair Housing Month.

MISCELLANEOUS

4. Consider appointing Cecil Russell to the City of Modesto Planning Commission with a term expiration of January 1, 2027. (Funding Source: Not Applicable) Staff Recommendation:
 Resolution appointing Cecil Russell to the City of Modesto Planning Commission with a term expiration of January 1, 2027.

CED; Jessica Hill, 209-577-5267, [email protected]
ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2023-124 appointing Cecil Russell to the City of Modesto Planning Commission with a term expiration of January 1, 2027.

5. Consider appointing Jose Vazquez as the Planning Commission Representative to the Citizens Housing and Community Development Committee for 2023, with a term expiration of December 31, 2023. (Funding Source: Not Applicable) Staff Recommendation:
 Resolution appointing Jose Vazquez as the 2023 Planning Commission Representative to the Citizens Housing and Community Development Committee (CH&CDC) with a term expiration of December 31, 2023.

CED; Jessica Hill, 209-577-5267, [email protected]
ACTION: (Escutia-Braaton/Alvarez; 7/0) Resolution 2023-125 appointing Jose Vazquez as the 2023 Planning Commission Representative to the Citizens Housing and Community Development Committee (CH&CDC) with a term expiration of December 31, 2023.
#7..
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4/4/2023 5:30:00 PM

6. Consider approving the reappointment of John Bergman to the Board of Building Appeals with a term expiration of January 1, 2027. (Funding Source: Not Applicable) Staff Recommendation:
 Resolution approving the reappointment of John Bergman to the Board of Building Appeals to a second four-year term, with a term expiration of January 1, 2027.

CED; Oscar Diaz, 209-571-5885, [email protected]
ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2023-126 approving the reappointment of John Bergman to the Board of Building Appeals to a second fouryear term, with a term expiration of January 1, 2027.

7. Consider approving the reappointments of Shane Cooper and Jim McKay to the Modesto City-County Airport Advisory Committee for an additional four-year term. (Funding Source: Not Applicable)
Staff Recommendation:
 Resolution approving the reappointments of Jim McKay and Shane Cooper to the Modesto City-County Airport Advisory Committee for an additional fouryear term.

PUBLIC WORKS; Gabe da Silva, 209-577-5319, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2023-127 approving the reappointments of Jim McKay and Shane Cooper to the Modesto City-County Airport Advisory Committee for an additional four-year term.

PUBLIC COMMENT PERIOD
 Ron Cherrier voiced his concerns about safety at the corner of Stoddard and Terminal Avenue. There is currently a roadway project at that intersection, and he is worried about the lack of signing and other issues.
 Steve commented about Councilmember Bavaro and comments at a recent meeting.  Kayla Inthavons asked Council to help celebrate the Cambodian New Year by attending the April 15, 2023, event they are planning on Grimes Ave. They asked Council to help promote cultural diversity by attending and asked for a proclamation.  Frank Johnson commented about issues riding on Dial a Ride.  Brittoni Chavez spoke about the shooting of her husband Paul Chavez, Jr. She also commented on Officers Muncy and Valencia. She asked for accountability and change. #7..
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4/4/2023 5:30:00 PM
 Nasson Sanchez, thanked Councilmembers Williams, Ricci, Alvarez, and EscutiaBraaton for joining them last Friday at the Cesar Chavez tribute. He also asked the Council to repeal the no cruising ordinance.
 Loretta Carhart spoke about buses and youth smoking and drinking on the buses. She also commented on the Police Officers rights.
 Emerson Drake commented on appointments made to committees and stated that effort is needed for new people to serve on City committees.
 Ramon Rodriguez spoke about homeless encampments in the airport neighborhood and stated something needs to be done for the homeless.
 Theresa Clutter spoke about the shooting of Paul Chavez and is seeking accountability.

She inquired about an elderly person that attended Council meetings and further commented about housing issues and affordability in Modesto.  Jerry Thompson reported that National City is lifting the ban on cruising. He provided an update on AB 436. He hopes an item about lifting the ban on cruising gets placed on the agenda soon.

Recessed: 6:43 pm
Reconvened: 6:48 pm
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS 8-28: (Wright/Ricci; 7/0)

CONSENT
Consent

8. Consider approving the minutes from the March 14, 2023 Council Meeting. (Funding Source: Not Applicable)
 Motion approving the minutes from the March 14, 2023 Council Meeting.

CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Ricci; 7/0) Motion approving the minutes from the March 14, 2023 Council Meeting.

Consent

9. Consider approving a Design Services Agreement with WMH Corporation of San Jose, CA for the Standiford Avenue at State Route 99 Interchange Improvement Project in the amount of $6,450,665, plus $645,066 for additional services, if needed, for a total amount not to exceed $7,095,731, and authorizing the City Manager, or his designee to execute the Agreement; and amending the Fiscal Year 2022-23 Capital Improvement #7..
- 35 -
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4/4/2023 5:30:00 PM
Program project 101182 budget in the amount of $3,500,000. (Funding Source: Streets Capital Facilities Fee and Regional Measure L Funds)
 Resolution approving a Design Services Agreement with WMH Corporation of San Jose, CA for the Standiford Avenue at State Route 99 Interchange Improvement Project in the amount of $6,450,665, plus $645,066 for additional services, if needed, for a total amount not to exceed $7,095,731, and authorizing the City Manager, or his designee to execute the Agreement.  Resolution amending the Fiscal Year 2022-23 Capital Improvement Program project 101182 budget in the amount of $3,500,000 and authorizing the City Manager, or his designee, to take the necessary steps to implement the provisions of this Resolution.

CED; Toby Wells, 209-571-5542, [email protected]
ACTION: (Wright/Ricci; 7/0) Resolution 2023-128 approving a Design Services Agreement with WMH Corporation of San Jose, CA for the Standiford Avenue at State Route 99 Interchange Improvement Project in the amount of $6,450,665, plus $645,066 for additional services, if needed, for a total amount not to exceed $7,095,731, and authorizing the City Manager, or his designee to execute the Agreement.

ACTION: (Wright/Ricci; 7/0) Resolution 2023-129 amending the Fiscal Year 2022- 23 Capital Improvement Program project 101182 budget in the amount of $3,500,000 and authorizing the City Manager, or his designee, to take the necessary steps to implement the provisions of this Resolution.

Consent

10. Consider accepting the Monthly Investment Report for December 2022. (Funding Source: Various Funds)
 Motion accepting the Monthly Investment Report for December 2022.

FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
ACTION: (Wright/Ricci; 7/0) Motion accepting the Monthly Investment Report for December 2022.

Consent

11. Consider accepting an Informational Report for the February 2023 Accounts Payable Payment Register and Void Report. (Funding Source: Not Applicable)  Motion accepting an Informational Report for the February 2023 Accounts Payable Payment Register and Void Report.

FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Wright/Ricci; 7/0) Motion accepting an Informational Report for the February 2023 Accounts Payable Payment Register and Void Report.

Consent
#7..
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12. Consider accepting an Informational Report on the November and December 2022 Grant Applications and Awards. (Funding Source: Not Applicable)  Motion accepting an Informational Report for the November and December 2022 Grant Applications and Awards.

FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Wright/Ricci; 7/0) Motion accepting an Informational Report for the November and December 2022 Grant Applications and Awards.

Consent

13. Consider approving the Purchase for one Fleet Addition of a Thermoplastic Premelter Trailer in the amount not to exceed $94,925. (Funding Source: Surface Transportation Fund)
 Resolution approving the Award of Bid for one Thermoplastic Premelter Trailer to Dispensing Technology Corporation, Oxnard, CA for a total amount not to exceed $94,925; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any Change Orders not to exceed 2% of the total purchase price.

FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2023-130 approving the Award of Bid for one Thermoplastic Premelter Trailer to Dispensing Technology Corporation, Oxnard, CA for a total amount not to exceed $94,925; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any Change Orders not to exceed 2% of the total purchase price.

Consent

14. Consider approving the Purchase for one Fleet Replacement in the amount not to exceed $52,493 and approving the implementation of the Electric Vehicle Pilot Program for the Modesto Police Department. (Funding Source: Fleet Replacement Fund and Supplemental Law Enforcement Services Fund)
 Resolution approving the Purchase with Towne Ford Sales, Redwood City, CA for one Ford Mustang for an amount not to exceed $52,493; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.

FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2023-131 approving the Purchase with Towne Ford Sales, Redwood City, CA for one Ford Mustang for an amount not to exceed $52,493; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.

Consent
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15. Consider approving a First Amendment to the Purchasing Agreement with VSS Emultech, Modesto, CA for slurry oil for a revised total amount $5,252,760 over five years. (Funding Source: Surface Transportation, Water, Wastewater and Storm Drain Funds)
 Resolution approving the First Amendment increasing the Agreement amount with VSS Emultech, Modesto, CA for slurry oil by $3,213,920 from $2,038,840 to a new total amount of $5,252,760 over five years; and authorizing the Director of Finance or her designee to execute the Amendment.

FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2023-132 approving the First Amendment increasing the Agreement amount with VSS Emultech, Modesto, CA for slurry oil by $3,213,920 from $2,038,840 to a new total amount of $5,252,760 over five years; and authorizing the Director of Finance or her designee to execute the Amendment.

Consent

16. Consider approving the First Amendment to Agreement with United Pavement Maintenance, Inc., for Hot Patch Work to amend the estimated annual amount from $200,000 to a revised estimated annual amount of $3,906,500 and extend the term of the Agreement from May 21, 2023, to May 21, 2024. (Funding Source: Water Funds, Wastewater Fund, and Stormwater Fund)
 Resolution approving the First Amendment with United Pavement Maintenance, Hughson, CA., for Hot Patch Work to amend the estimated annual amount from $200,000 to a revised estimated annual amount of $3,906,500 and extend the term of the Agreement from May 21, 2023, to May 21, 2024, and authorizing the Director of Finance, or her designee to execute the First Amendment.

FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2023-133 approving the First Amendment with United Pavement Maintenance, Hughson, CA., for Hot Patch Work to amend the estimated annual amount from $200,000 to a revised estimated annual amount of $3,906,500 and extend the term of the Agreement from May 21, 2023, to May 21, 2024, and authorizing the Director of Finance, or her designee to execute the First Amendment.

Consent

17. Consider approving a Purchasing Agreement with Life-Assist Inc, by utilizing the Competitive Bid Process with National Purchasing Partners (NPP), League of Oregon Cities for Emergency Medical Supplies for a total amount not to exceed $500,000 over five years. (Funding Source: General Fund)
 Resolution approving a Purchasing Agreement with Life-Assist Inc, by utilizing the Competitive Bid Process with National Purchasing Partners (NPP), League of Oregon Cities for Emergency Medical Supplies for a two-year Agreement with three one-year extension options, for an annual estimated amount of $100,000, and a total amount not to exceed $500,000 over five years; and #7..
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authorizing the Purchasing Manager, or her designee, to authorize the Agreement.

FIRE DEPARTMENT; Alan Ernst, 209-572-9590, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2023-134 approving a Purchasing Agreement with Life-Assist Inc, by utilizing the Competitive Bid Process with National Purchasing Partners (NPP), League of Oregon Cities for Emergency Medical Supplies for a two-year Agreement with three one-year extension options, for an annual estimated amount of $100,000, and a total amount not to exceed $500,000 over five years; and authorizing the Purchasing Manager, or her designee, to authorize the Agreement.

Consent

18. Consider approving Memorandums of Understanding (MOUs) for Fire Apparatus Fleet Maintenance Services between the City of Modesto, Stanislaus Consolidated Fire Protection District (SCFPD), and the City of Turlock. (Funding Source: General Fund and Fleet Management Fund)
 Resolution approving a Memorandums of Understanding (MOUs) for Fire Apparatus Fleet Maintenance Services between the City of Modesto, Stanislaus Consolidated Fire Protection District (SCFPD), and the City of Turlock; and authorizing the City Manager, or his designee, to execute the Agreement.

FIRE DEPARTMENT; Alan Ernst, 209-572-9590, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2023-135 approving a Memorandums of Understanding (MOUs) for Fire Apparatus Fleet Maintenance Services between the City of Modesto, Stanislaus Consolidated Fire Protection District (SCFPD), and the City of Turlock; and authorizing the City Manager, or his designee, to execute the Agreement.

Consent

19. Consider approving the Purchase of Oracle Cloud Analytics Subscription Software to Mythics, Inc. of Virginia Beach, VA for a term of three-years with an option for two additional years which includes all Software, Licensing, and Configuration for Oracle Analytics Cloud for an amount not to exceed $510,137 and approving an Agreement with Jade Global, Inc., for Professional Services for a term of two years with three 1- year extension options an amount not to exceed $863,080. (Funding Source: Various Funds)
 Resolution approving the Competitive Bidding Process from the Omnia Partners Cooperative Purchasing Organization, Maricopa County, CA Contract#180233-002, with Mythics, Inc. of Virginia Beach, VA for Purchase of Oracle Cloud Analytics Subscription Software for a total amount not to exceed $510,137 over five years; and authorizing the City Manager, or his designee to execute the Agreement.
 Resolution approving an Agreement with Jade Global, Inc., for Professional Services for a term of two years with three 1-year extension options for the upgrade from our existing Discoverer Financial Reporting Application to #7..
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Oracle Analytics Cloud for an amount not to exceed $863,080 over five years; and authorizing the City Manager, or his designee to execute the Agreement.

IT; James Dotson, 209-571-5508, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2023-136 approving the Competitive Bidding Process from the Omnia Partners Cooperative Purchasing Organization, Maricopa County, CA Contract#180233-002, with Mythics, Inc. of Virginia Beach, VA for Purchase of Oracle Cloud Analytics Subscription Software for a total amount not to exceed $510,137 over five years; and authorizing the City Manager, or his designee to execute the Agreement.

ACTION: (Wright/Ricci; 7/0) Resolution 2023-137 approving an Agreement with Jade Global, Inc., for Professional Services for a term of two years with three 1-year extension options for the upgrade from our existing Discoverer Financial Reporting Application to Oracle Analytics Cloud for an amount not to exceed $863,080 over five years; and authorizing the City Manager, or his designee to execute the Agreement.

Consent

20. Consider approving a five-year Lease Agreement with Suzanne McElroy for the Modesto Police Department Property and Evidence Facility located at 1124 F Street, Modesto, CA, for an annual estimated amount of $39,600 and a total amount not to exceed $200,000 over five years. (Funding Source: General Fund)  Resolution approving a five-year Lease Agreement with Suzanne McElroy for the Modesto Police Department Property and Evidence Facility located at 1124 F Street, Modesto, CA, for an annual estimated amount of $39,600 and a total amount not to exceed $200,000 over five years, and authorizing the City Manager, or his designee, to execute the Agreement.

PD; Jessica Smart, 209-572-9500, [email protected]
ACTION: (Wright/Ricci; 7/0) Resolution 2023-138 approving a five-year Lease Agreement with Suzanne McElroy for the Modesto Police Department Property and Evidence Facility located at 1124 F Street, Modesto, CA, for an annual estimated amount of $39,600 and a total amount not to exceed $200,000 over five years, and authorizing the City Manager, or his designee, to execute the Agreement.

Consent

21. Consider accepting the Airport Layout Plan Grant as complete and authorizing all necessary steps to file with the County Clerk Recorder. (Funding Source: Federal Aviation Administration Grant Funds 90%, with City Local Match of 10% Stanislaus County Aircraft Tax Funds)
 Resolution accepting the Airport Layout Plan Grant as complete and authorizing all necessary steps to file with the County Clerk Recorder.

PUBLIC WORKS; Gabe daSilva, 209-577-5319, [email protected] #7..
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ACTION: (Wright/Ricci; 7/0) Resolution 2023-139 accepting the Airport Layout Plan Grant as complete and authorizing all necessary steps to file with the County Clerk Recorder.

Consent

22. Consider accepting the Tank 5 and 12 Recoat and Repairs Project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $1,692,500 to Cal Sierra Construction, Inc., of Carmichael, CA. (Funding Source: Water Fund)
 Resolution accepting the Tank 5 and 12 Recoat and Repairs Project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $1,692,500 to Cal Sierra Construction, Inc., of Carmichael, CA.

UTILITIES; Pete Kambel, 209-577-5444, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2023-140 accepting the Tank 5 and 12 Recoat and Repairs Project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $1,692,500 to Cal Sierra Construction, Inc., of Carmichael, CA.

Consent

23. Consider accepting the Dry Creek Trail Maintenance and Orville Wright Elementary Traffic Flow and Safety Improvements Project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $878,469 to McFadden Construction, Inc., of Stockton, CA. (Funding Source:

Measure L Traffic Management and Bike and Pedestrian Funds)  Resolution accepting the Dry Creek Trail Maintenance and Orville Wright Elementary Traffic Flow and Safety Improvements Project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $878,469 to McFadden Construction, Inc., Stockton, CA.

UTILITIES; Pete Kambel, 209-577-5444, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2023-141 accepting the Dry Creek Trail Maintenance and Orville Wright Elementary Traffic Flow and Safety Improvements Project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $878,469 to McFadden Construction, Inc., Stockton, CA.

Consent

24. Consider accepting the Paradise Road Pavement Rehabilitation, STPL-5059(219) Project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $1,791,408 to Dirt Dynasty, Inc., of Valley Springs, CA. (Funding Source: Federal Regional Surface Transportation Program (RSTP), Local Measure L Funds)
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 Resolution accepting the Paradise Road Pavement Rehabilitation, STPL5059(219) Project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $1,791,408 to Dirt Dynasty, Inc., of Valley Springs, CA.

UTILITIES; Pete Kambel, 209-577-5444, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2023-142 accepting the Paradise Road Pavement Rehabilitation, STPL-5059(219) Project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $1,791,408 to Dirt Dynasty, Inc., of Valley Springs, CA.

Consent

25. Consider accepting the Plans and Specifications for the Sutter Trunk Rehabilitation Phase 2 Project and awarding a Construction Contract to A. Teichert & Son, Inc. dba Teichert Construction, of Roseville, CA, in a total amount not to exceed $5,372,415; approving an Agreement with West Yost Associates, of Sacramento, CA, for Construction Management Services for a total amount not to exceed $660,000; and approving an Agreement with O’Dell Engineering for Engineering Support During Construction Services for a total amount not to exceed $59,783. (Funding Source:

Wastewater Fund)
 Resolution approving Plans and Specifications for the Sutter Trunk Rehabilitation Phase 2 Project, accepting the bid, and approving a Construction Contract with A. Teichert & Son, Inc. dba Teichert Construction, of Roseville, CA, in the amount of $4,671,665 plus $700,750 in contingency (if needed), for a total amount not to exceed $5,372,415 and authorizing the City Manager, or his designee, to execute the Agreement.
 Resolution authorizing an increase in the Director’s authority to issue Change Orders for the Sutter Trunk Rehabilitation Phase 2 Project from 8% ($373,734) to 15% ($700,750) of the construction contract price of $4,671,665 with A.

Teichert & Son, Inc. dba Teichert Construction, of Roseville, CA.  Resolution approving an Agreement with West Yost Associates, of Sacramento, CA, for Construction Management Services for the Sutter Trunk Rehabilitation Phase 2 Project in an amount not to exceed $600,000 for the identified scope of services, plus $60,000 in additional services (if needed), for a total amount not to exceed $660,000 and authorizing the City Manager, or his designee, to execute the Agreement.
 Resolution approving an Agreement with O’Dell Engineering, of Modesto, CA, for Engineering Support during Construction Services for the Sutter Trunk Rehabilitation Phase 2 Project, in the amount of $54,348 for the identified scope of services, plus $5,435 in additional services (if needed), for a total amount not to exceed $59,783 and authorizing the City Manager, or his designee, to execute the Agreement.
 Resolution amending the Fiscal Year 2022-23 Capital Improvement Program Budget in the amount of $1,455,000 to be transferred into the project from Wastewater Fund Reserves to fund the construction phase of the Sutter Trunk #7..
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Rehabilitation Phase 2 Project and authorizing the City Manager, or his designee, to implement the provisions of this Resolution.

UTILITIES; Cristian Ciotau, 209-577-5260, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2023-143 approving Plans and Specifications for the Sutter Trunk Rehabilitation Phase 2 Project, accepting the bid, and approving a Construction Contract with A. Teichert & Son, Inc. dba Teichert Construction, of Roseville, CA, in the amount of $4,671,665 plus $700,750 in contingency (if needed), for a total amount not to exceed $5,372,415 and authorizing the City Manager, or his designee, to execute the Agreement.

ACTION: (Wright/Ricci; 7/0) Resolution 2023-144 authorizing an increase in the Director’s authority to issue Change Orders for the Sutter Trunk Rehabilitation Phase 2 Project from 8% ($373,734) to 15% ($700,750) of the construction contract price of $4,671,665 with A. Teichert & Son, Inc. dba Teichert Construction, of Roseville, CA.

ACTION: (Wright/Ricci; 7/0) Resolution 2023-145 approving an Agreement with West Yost Associates, of Sacramento, CA, for Construction Management Services for the Sutter Trunk Rehabilitation Phase 2 Project in an amount not to exceed $600,000 for the identified scope of services, plus $60,000 in additional services (if needed), for a total amount not to exceed $660,000 and authorizing the City Manager, or his designee, to execute the Agreement.

ACTION: (Wright/Ricci; 7/0) Resolution 2023-146 approving an Agreement with O’Dell Engineering, of Modesto, CA, for Engineering Support during Construction Services for the Sutter Trunk Rehabilitation Phase 2 Project, in the amount of $54,348 for the identified scope of services, plus $5,435 in additional services (if needed), for a total amount not to exceed $59,783 and authorizing the City Manager, or his designee, to execute the Agreement.

ACTION: (Wright/Ricci; 7/0) Resolution 2023-147 amending the Fiscal Year 2022- 23 Capital Improvement Program Budget in the amount of $1,455,000 to be transferred into the project from Wastewater Fund Reserves to fund the construction phase of the Sutter Trunk Rehabilitation Phase 2 Project and authorizing the City Manager, or his designee, to implement the provisions of this Resolution.

Consent

26. Consider increasing the Director of Utilities authority to issue Change Orders on the Transit Center Improvements and Transit Center Addition Project from eight percent (8%) ($418,686) to ten percent (10%) ($523,358) of the original construction contract price of $5,233,576 with Simile Construction Services, Inc., of Modesto, CA, for a total amount not to exceed $5,756,934. (Funding Source: Federal Transit Administration, Local Transportation Funds, State – SB1 State of Good Repair and Low Carbon Transit Operations Program)
 Resolution Increasing the Director of Utilities Authority to issue Change Orders for the Transit Center Improvements and Transit Center Addition project from #7..
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8% ($418,686) to 10% ($523,358) of the construction contract price of $5,233,576 with Simile Construction Services Inc., of Modesto, CA.

UTILITIES; Cristian Ciotau, 209-577-5260, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2023-148 increasing the Director of Utilities Authority to issue Change Orders for the Transit Center Improvements and Transit Center Addition project from 8% ($418,686) to 10% ($523,358) of the construction contract price of $5,233,576 with Simile Construction Services Inc., of Modesto, CA.

Consent

27. Consider approving the Plans and Specifications for the Re-Bid La Loma - Phase 2C Strengthen & Replace Water Mains Project, accepting the Bid and awarding a Construction Contract to Mozingo Construction Inc., of Oakdale, CA, for a total amount not to exceed $8,531,407 and approving an Agreement with TRC Engineers, Inc. of Tracy, CA, for Construction Management and Inspection Services for a total amount not to exceed $916,128. (Funding Source: Water Fund)  Resolution approving plans and specifications for the Re-Bid La Loma - Phase 2C Strengthen & Replace Water Mains Project, accepting the Bid, and approving a Construction Contract with Mozingo Construction Inc., of Oakdale, CA, in the amount of $7,755,824, plus $775,583 in contingency (if needed) for a total amount not to exceed $8,531,407 and authorizing the City Manager, or his designee, to execute the Agreement.
 Resolution authorizing an increase in the Director’s Authority to issue Change Orders for the Re-Bid La Loma - Phase 2C Strengthen & Replace Water Mains Project from 8% ($620,466) to 10% ($775,583) of the construction contract amount of $7,755,824 with Mozingo Construction Inc., of Oakdale, CA.  Resolution approving an Agreement with TRC Engineers, Inc. of Tracy, CA, for Construction Management and Inspection Services for the Re-Bid La Loma - Phase 2C Strengthen & Replace Water Mains Project in the amount of $832,843 plus $83,285 in additional services (if needed) for a total amount not to exceed $916,128 and authorizing the City Manager, or his designee, to execute the Agreement.
 Resolution amending the Fiscal Year 2022-23 Capital Improvement Program Budget in the amount of $7,905,000 to be transferred into the project from the Water Fund in order to fund the construction phase of the Re-Bid La Loma - Phase 2C Strengthen & Replace Water Mains Project and authorizing the City Manager, or his designee, to implement the provisions of this Resolution.

UTILITIES; David Felix, 209-577-5488, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2023-149 approving plans and specifications for the Re-Bid La Loma - Phase 2C Strengthen & Replace Water Mains Project, accepting the Bid, and approving a Construction Contract with Mozingo Construction Inc., of Oakdale, CA, in the amount of $7,755,824, plus $775,583 in contingency (if needed) for a total amount not to exceed $8,531,407 and authorizing the City Manager, or his designee, to execute the Agreement. #7..
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ACTION: (Wright/Ricci; 7/0) Resolution 2023-150 authorizing an increase in the Director’s Authority to issue Change Orders for the Re-Bid La Loma - Phase 2C Strengthen & Replace Water Mains Project from 8% ($620,466) to 10% ($775,583) of the construction contract amount of $7,755,824 with Mozingo Construction Inc., of Oakdale, CA.

ACTION: (Wright/Ricci; 7/0) Resolution 2023-151 approving an Agreement with TRC Engineers, Inc. of Tracy, CA, for Construction Management and Inspection Services for the Re-Bid La Loma - Phase 2C Strengthen & Replace Water Mains Project in the amount of $832,843 plus $83,285 in additional services (if needed) for a total amount not to exceed $916,128 and authorizing the City Manager, or his designee, to execute the Agreement.

ACTION: (Wright/Ricci; 7/0) Resolution 2023-152 amending the Fiscal Year 2022- 23 Capital Improvement Program Budget in the amount of $7,905,000 to be transferred into the project from the Water Fund in order to fund the construction phase of the ReBid La Loma - Phase 2C Strengthen & Replace Water Mains Project and authorizing the City Manager, or his designee, to implement the provisions of this Resolution.

Consent

28. Consider approving an Agreement with Larry Walker Associates (LWA) for the Monitoring and Management of the City of Modesto’s Stormwater Program and Regulatory Compliance, for a total amount not to exceed $1,100,000 over five years. (Funding Source: Storm Drainage Fund)
 Resolution approving an Agreement with Larry Walker Associates for the Monitoring and Management of the City of Modesto’s Stormwater Program and Regulatory Compliance Services, for an annual estimated amount of $200,000 plus $100,000 in additional services (if needed), and a total amount not to exceed $1,100,000 over five years; and authorizing the City Manager, or his designee, to execute the Agreement.

UTILITIES; Jason Farnsworth, 209-577-6255, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2023-153 approving an Agreement with Larry Walker Associates for the Monitoring and Management of the City of Modesto’s Stormwater Program and Regulatory Compliance Services, for an annual estimated amount of $200,000 plus $100,000 in additional services (if needed), and a total amount not to exceed $1,100,000 over five years; and authorizing the City Manager, or his designee, to execute the Agreement.

COUNCIL COMMENTS & REPORTS
Councilmember Bavaro reported that Fire Captain Doug McCullough passed away this past weekend. A Celebration of Life service will be held, Tuesday, April 11th at 11:00 a.m. at The House, located at 1601 Coffee Road. He asked for a moment of silence in honor of Captain McCullough.
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Councilmember Alvarez reported on recent activities. On March 25, 2023, he, and Councilmember Escutia-Braaton attended the first Latino Leadership Summit in Ceres. On Sunday March 26, he and Councilmember Williams attended a Cambodian Community meeting in District 2. This past Friday, he marched alongside the United Farm Workers Union with Ceres Mayor Lopez, and Senator Marie Alvarado-Gil, to honor the life and legacy of Cesar Chavez. Attended the Stanislaus Latino Chamber of Commerce, Government Relations Committee on April 2. Participated as a panelist at MJC Latin Comic Arts Festival to discuss the importance of literature that reflects the Latino experience. He also reported on being briefed on a development in the Robertson Road area.

Vice Mayor Ricci reported that he is pleased with the results they are seeing on everything from housing to Chat Workers and Rangers. He likes the direction that the City is headed. He hears about a lot of issues every day and he wanted to mention a few things that they are working on.

Some of the things being worked on are abandoned commercial buildings. He acknowledges the complaints about green cans and the weekly pickup is not working for people and wanted to acknowledge that they hear the complaints. He is hopeful that in the next few months adjustments can be made. He is also interested in seeing improvements in Graceada Park, especially in terms of the restrooms and the Gazebo.

Councilmember Escutia-Braaton thanked Council Member Bavaro for his comments and the moment of silence for Fire Captain Doug McCullough. She also reported that she serves as the Chair of the Appointments Committee and wanted to provide an update on recent activities of the Committee. The Committee is currently in the middle of the interviews for the Community Police Review Board. Over 70 applications were received. The applications were vetted very thoroughly and out of those applications approximately 45 individuals were invited to come before the Committee for an interview. She also reported that the Appointments Committee is embarking on the review of applications to the Measure H Oversight Board and the Audit Committee. She further reported on the responsibilities of the Appointments Committee and encouraged the public to apply to serve on the various City Boards, Commissions and Committees. Applications are available online on the City’s website.

Mayor Zwahlen reported on activities this past week. She was invited to participate in the Modesto Junior College Women in Leadership Forum. She also attended the Downey High School Construction Education Showcase. In addition, she, and Council Member EscutiaBraaton attended the Stanislaus Union Elementary School Suicide Prevention Program. She also attended Career Day at Bret Harte Elementary and toured the Connecting Waters Charter School on Briggsmore. Lastly, she attended the Latina Leadership Scholarship reception at Modesto Junior College and was also invited to meet with the Gregory High School Future Business Leaders of America.

Councilmember Williams stated that it is wonderful to hear all the things going on in Modesto and that his colleagues are involved with moving Modesto forward. He appreciates the collaboration between them to make a difference in the community. He reported on recently attending the Stanislaus Chinese Association Annual Spring Festival & Year of the Rabbit Celebration at the Centre Plaza. He also attended the BSU of California event. He also reported #7..
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that Love Modesto is coming up. He has been a part of it for several years now. Persons interested in participating can sign up online at https://lovemodesto.com/. This past Friday, he attended the Stanislaus County Cesar Chavez event on Cornucopia Way at the Harvest Hall.

Followed by an event at Cesar Chavez Park and after that the March. He was happy to see a few fellow Council Members participating in the walk. Lastly, he wished everyone a Happy Easter.

CITY MANAGER COMMENTS & REPORTS
None.

HEARINGS
Published in the Modesto Bee on March 24, 2023

29. Hearing to consider adopting an Ordinance amending Section 27-3-9 of the Zoning Map to rezone property from Low-Density Residential, R-1, to Medium-High Density Residential, R-3, located 1505 and 1513 Scenic Drive. (Funding Source: Applicant Fees)
 Motion introducing and waiving the first reading of an Ordinance amending Section 27-3-9 of the Zoning Map of the City of Modesto to rezone from LowDensity Residential, R-1, to Medium-High Density Residential, R-3, properties located at 1505 and 1513 Scenic Drive.
 Resolution finding that the following subsequent project is within the scope of the project covered by the Modesto Urban Area General Plan Master Environmental Impact Report (SCH NO. 2014042081): rezone from LowDensity Residential (R-1) Zone to Medium-High Density Residential (R-3) Zone, properties located at 1505 and 1513 Scenic Drive.

CED; Michael Arroyo, 209-577-5272, [email protected] ACTION: (Bavaro/Ricci; 7/0) Motion introducing and waiving the first reading of Ordinance 376-C.S. amending Section 27-3-9 of the Zoning Map of the City of Modesto to rezone from Low-Density Residential, R-1, to Medium-High Density Residential, R-3, properties located at 1505 and 1513 Scenic Drive.

ACTION: (Bavaro/Williams; 7/0) Resolution 2023-154 finding that the following subsequent project is within the scope of the project covered by the Modesto Urban Area General Plan Master Environmental Impact Report (SCH NO. 2014042081):
rezone from Low-Density Residential (R-1) Zone to Medium-High Density Residential (R-3) Zone, properties located at 1505 and 1513 Scenic Drive.

Published in the Modesto Bee on March 24, 2023

30. Hearing to consider an Ordinance amending Section 10-4.102 of Title 10, Chapter 4 (Development Standards), Article 1 (Residential Zones); repealing Section 10-4.115 and Section 10-4.116 of Title 10, Chapter 4 (Development Standards), Article 1 (Residential Zones); adding Article 5 regarding Accessory Dwelling Units to Title 10, Chapter 4 (Development Standards); and repealing and replacing Chapter 8 of Title 10 regarding Density Bonus and Affordable Housing. (Funding Source: General Fund) #7..
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 Motion introducing and waiving the first reading of an Ordinance amending Section 10-4.102 of Title 10, Chapter 4 (Development Standards), Article 1 (Residential Zones); repealing Section 10-4.115 and Section 10-4.116 of Title 10, Chapter 4 (Development Standards), Article 1 (Residential Zones); adding Article 5 regarding Accessory Dwelling Units to Title 10, Chapter 4 (Development Standards); and repealing and replacing Chapter 8 of Title 10 regarding Density Bonus and Affordable Housing.

CED; Diana Lowrance, 209-577-5302, [email protected] ACTION: (Ricci/Alvarez; 7/0) Motion introducing and waiving the first reading of an Ordinance 3762-C.S. amending Section 10-4.102 of Title 10, Chapter 4 (Development Standards), Article 1 (Residential Zones); repealing Section 10-4.115 and Section 10-

4.116 of Title 10, Chapter 4 (Development Standards), Article 1 (Residential Zones); adding Article 5 regarding Accessory Dwelling Units to Title 10, Chapter 4 (Development Standards); and repealing and replacing Chapter 8 of Title 10 regarding Density Bonus and Affordable Housing.

Published in the Modesto Bee on March 24, 2023

31. Hearing to consider final adoption of Ordinance 3760-C.S. repealing and replacing Chapter 1 of Title 3 of the Modesto Municipal Code amending the City’s Fire Code to adopt the 2022 California Fire Code. (Funding Source: Not Applicable)  Motion adopting Ordinance 3760-C.S. repealing and replacing Chapter 1 of Title 3 of the Modesto Municipal Code amending the City’s Fire Code to adopt the 2022 California Fire Code.

FIRE DEPARTMENT; Darin Jesberg, 209-577-9139, [email protected] ACTION: (Escutia-Braaton/Williams; 7/0) Motion adopting Ordinance 3760-C.S. repealing and replacing Chapter 1 of Title 3 of the Modesto Municipal Code amending the City’s Fire Code to adopt the 2022 California Fire Code.

Published in the Modesto Bee on March 24, 2023

32. Hearing to consider approving the application of Heavenly Transport, LLC, and authorizing the issuance of a Permit to operate as a Non-Emergency Medical Transport Company in the City of Modesto. (Funding Source: General Fund)  Resolution approving the application of Heavenly Transport, LLC and authorizing the issuance of a Permit to operate as a Non-Emergency Medical Transport Company in the City of Modesto.

PD; Robert Reyna, 209-572-9500, [email protected]
ACTION: (Alvarez/Wright; 7/0) Resolution 2023-155 approving the application of Heavenly Transport, LLC and authorizing the issuance of a Permit to operate as a NonEmergency Medical Transport Company in the City of Modesto.

MATTERS TOO LATE FOR THE AGENDA
None.
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4/4/2023 5:30:00 PM

ADJOURNMENT
This meeting adjourned at 7:41 pm
All Closed Session Matters heard prior to meeting.

CLOSED SESSION

1. Consider appointing Real Property Negotiators Travis Weeks, Right of Way Consultant and Jose M. Sanchez, City Attorney for Property: APN: 037-050-018.  Motion appointing Real Property Negotiators Travis Weeks, Right of Way Consultant and Jose M. Sanchez, City Attorney for Property: APN: 037-050-018.

City Attorney, Jose M. Sanchez, 577-5284, [email protected] ACTION: (Wright/Escutia-Braaton; 6/0) Motion appointing Real Property Negotiators Travis Weeks, Right of Way Consultant and Jose M. Sanchez, City Attorney for Property: APN: 037-050-018.

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Two Cases (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: Seever et al. v. City of Modesto et al.

United States Eastern District
Case No.: 1:21-cv-01373
Stephanie Lopez v. City of Modesto, et al.

Superior Court of California, County of Stanislaus
Stanislaus County Case No.: CV-21
CONFERENCE WITH REAL PROPERTY NEGOTIATORS:
(Pursuant to Section 54956.8 of the Government Code)
Property: Paradise Road and Chicago, Modesto CA 95351 – APN 037-050-018 Property Owners: Northern Suncrest Apartments LLC, (Joe Wu and Gloria Wu) Negotiating Parties:

For City: Travis Weeks, Right of Way Consultant
Jose M. Sanchez, City Attorney
For Owner: Joe Wu
Under Negotiation: Price and Terms
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4/4/2023 5:30:00 PM
CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCEA Negotiator: Christina Alger
Employee Organization: Modesto City Employees Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCMA Negotiator: Christina Alger
Employee Organization: Modesto Confidential & Management Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MPOA Negotiator: Christina Alger
Employee Organization: Modesto Police Officers’ Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MPNSA Negotiator: Christina Alger
Employee Organization: Modesto Police Non-Sworn Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) –MPMA Negotiator: Christina Alger
Employee Organization: Modesto Police Management Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCFFA Negotiator: Christina Alger
Employee Organization: Modesto City Firefighters Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – Unrepresented Negotiator: Christina Alger
Employee Organization: Unrepresented Management and Confidential Employees Attest:____________________________
Diane Nayares-Perez, City Clerk
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- 1 - ORDINANCE NO. 3761-C.S.

EFFECTIVE DATE: May 11, 2023
ORDINANCE NO. 3761-C.S.

AN ORDINANCE AMENDING SECTION 27-3-9 OF THE ZONING MAP OF

THE CITY OF MODESTO TO REZONE FROM LOW-DENSITY
RESIDENTIAL, R-1, TO MEDIUM-HIGH DENSITY RESIDENTIAL, R-3, PROPERTIES LOCATED 1505 AND 1513 SCENIC DRIVE (CITY OF
MODESTO).

WHEREAS, a verified application for an amendment to Section 27-3-9 of the Zoning Map was filed by Ulises Belmonte on November 7, 2022, to rezone from Low-Density Residential, R-1, to Medium-High Density Residential, R-3, properties located 1505 and 1513 Scenic Drive; and
WHEREAS, after a public hearing held on January 23, 2023, it was found and determined by the Planning Commission that the requested zone change will not be detrimental to the public health, safety or welfare because the proposed rezone will make possible future development of multi-family residential projects that are compatible with nearby multi-family residential uses, the requested zone change will result in an orderly planned use of land because the proposed rezone is consistent with the adjacent residential zone and land uses and the requested zone change is in accordance with the community objectives as set forth in the Modesto Urban Area General Plan and any applicable specific plans(s) because the proposed rezone conforms to the General Land Use designation of Residential Use (R); and
WHEREAS, by Resolution No. 2023-02, adopted on January 23, 2023, the Planning Commission recommended to the Council that the application of Ulises Belmonte to amend Section 27-3-9 of the Zoning Map to rezone the hereinafter described property from Low-Density Residential, R-1, to Medium-High Density Residential, R-3, be approved.
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- 2 - ORDINANCE NO. 3761-C.S.

EFFECTIVE DATE: May 11, 2023
NOW, THEREFORE, the Council of the City of Modesto does ordain as follows:

SECTION 1. After a public hearing held on April 4th, 2023, in the Tenth Street Place Chambers located at 1010 10th Street, Modesto, California, this Council finds and determines as follows:

1. The requested change will not be detrimental to the public health, safety or welfare because the proposed rezone will make possible future development of multi-family residential uses.

2. The requested change will result in an orderly planned use of land because the proposed rezone is consistent with the adjacent residential zone and land uses.

3. The requested change is in accordance with the community’s objectives as set forth in the General Plan and any applicable specific plan(s) because the proposed rezone conforms to the General Plan Land Use designation of Residential Use (R).

SECTION 2. ZONING CHANGE. Section 27-3-9 of the Zoning Map is hereby amended to rezone the following described property from Low-Density Residential, R-1, to Medium-High Density Residential, R-3:

R-1 to R-3
All that portion of Lot 40 of Broughton Colony, according to the Official map thereof, filed in the Office of the Recorder of Stanislaus County, California, on March 17, 1904 in Volume 1 of Maps, at Page 78, particularly described as follows:

Commencing at the Northwest corner of Lot 40, said corner being in the centerline of a 40 foot avenue; thence South 0°30’ East along the West line of Lot 40 and along the centerline of 40 foot avenue 625.05 feet to the Southwest corner of second parcel of land conveyed to Francis E. Bishop, et ux, by Deed recorded August 3, 1944 as Instrument No. 11023; thence North 74°20’ East 20.72 feet to the East line of 40 foot Avenue to the True Point of Beginning of this description; thence continuing North 74°20’ East along the Southerly line of said Bishop land and along the centerline of a concrete pipeline, 77.72 feet; thence south 0°30’ East 191.56 feet; thence South 73°48’30” West along the South line of Lot 40, 77.90 feet; #8..
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EFFECTIVE DATE: May 11, 2023
thence North 0°30’ West along East line of 40 foot Avenue 192.20 feet to the True Point of Beginning of this description.

EXCEPTING THEREFROM that parcel granted to the City of Modesto recorded August 2, 1988, Instrument No. 51495 described as follows:

Commencing at the Southwestern corner of said Lot 40,
said point being on the Centerline of Brighton Avenue;
thence North 74°24’30” East, 20.77 feet to the
Southwestern corner of property conveyed to Nick
Masellis, et ux, by Deed recorded May 6, 1977 in Book
2911 of Official Records, at page 01, Stanislaus County Records, and the True Point of Beginning of this
description; thence continuing along the Northern line of Scenic Drive North 74°24’30” East, 77.90 feet, to the
Southeastern corner of said Masellis property, thence along the Eastern line of Masellis property North 00°05’25” East

20.77 feet, to a point on a line which is parallel with and

20.00 feet, measured at right angles, Northerly from said Northern line of Scenic Drive; thence along said Parallel line, South 74°24’30”, West 47.72 feet; thence
Northwesterly along a tangent curve concave to the
Northeast, having a Radius of 15.00 feet, a central angle of 105°40’55” and an arc length of 27.67 feet to its’ point of tangency on a line which is parallel with and 30.00 feet, measured at right angles, Easterly from said centerline of Brighton Avenue; thence along a radial line, North
89°54’35” West, 10.00 feet, to the Eastern line of 40.00 foot Brighton Avenue; thence along said last mentioned
Eastern line of Brighton Avenue, South 00°05’25” West,

43.37 feet to the point of beginning.

Including also the eastern half of Brighton Avenue and the northern half of Scenic Drive, all being immediately
adjacent to the above description.
1505 Scenic Drive
APN: 034-008-010
.29 Acres
R-1 to R-3
Parcel No. 1:

All that portion of Lot 40 of Broughton Colony, as per map filed March 17, 1904 in volume I of maps, page 78, Stanislaus County Records, particularly described as:
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- 4 - ORDINANCE NO. 3761-C.S.

EFFECTIVE DATE: May 11, 2023
Commencing at the northwest corner of Lot 40, said corner being in the center line of a 40 foot avenue; thence south 0°30’ east along the west line of lot 40 and along the centerline of 40 foot avenue 625.05 feet to the southwest corner of the second parcel of land, described in the deed to Francis E.

Bishop, et ux, by deed recording August 3, 1944 as instrument No. 11023; thence north 74°20’ east and along the southerly line of said Bishop land, being the center line of a concrete pipe line, 98.44 feet to the point of commencement of this description; being the northeast corner of premises conveyed to Joseph F. Maroney and Kathleen Maroney, by deed recorded October 11, 1945 instrument No. 18187; thence continuing north 74°20’ east 77.72 feet along the southerly line of said Bishop Land to a point; thence south 0°30’ east 190.91 feet to a point on the south line of said lot 40 and north line of county road; thence south 73°48’30” west, a distance of 77.90 feet to a point to the southeast corner of premises conveyed to Maroney as aforesaid; thence north 0°30’ west along the easterly line of said Maroney lands 191.56 feet to the point of beginning.

Parcel No. 2:

All that portion of lot 40 of the Broughton colony, as per map filed March 17, 1904 in volume 1 of maps, page 78, particularly described as follows:

Commencing at the northwest corner of lot 40, said corner being in the centerline of a 40 foot avenue; thence south 0°30’ east along the west line of lot 40 and along the center line of a 40 foot avenue 625.05 feet; thence north 74°17’ east along the center line of a concrete pipe line 176.16 feet; thence south 0°30’ 125.91 feet to the true point of beginning of this description; thence, continuing south 0°30’ east 65.00 feet: thence north 17’ west 63.04 feet to the true point of beginning of this description.

Including also the northern half of Scenic Drive, all being immediately adjacent to the above description.
1513 Scenic Drive
034-008-011
.30 Acres
SECTION 3. ZONING MAP. Section 27-3-9 of the Zoning Map of the City of Modesto is amended to appear as set forth on the map attached hereto, which is hereby made a part of this ordinance by reference.
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- 5 - ORDINANCE NO. 3761-C.S.

EFFECTIVE DATE: May 11, 2023
SECTION 4. EFFECTIVE DATE. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.

SECTION 5. PUBLICATION. At least two (2) days prior to its final adoption, copies of this ordinance shall be posted in at least three (3) prominent and distinct locations in the City; and a notice shall be published once in The Modesto Bee, the official newspaper of the City of Modesto, setting forth the title of this ordinance, the date of its introduction and the places where this ordinance is posted. #8..
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- 6 - ORDINANCE NO. 3761-C.S.

EFFECTIVE DATE: May 11, 2023
The foregoing Ordinance was introduced at a regular meeting of the Council of the City of Modesto held on the 4th day of April, 2023, by Councilmember Bavaro, who moved its introduction and passage to print, which motion being duly seconded by Councilmember Ricci, was upon roll call carried and ordered printed and published by the following vote:

AYES: Councilmembers: Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED: _____________________________
SUE ZWAHLEN, Mayor
ATTEST:

By: _________________________________
DIANE NAYERES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:

By: _________________________________
JOSE M. SANCHEZ, City Attorney
APPROVED AS TO DESCRIPTION:

By:

Community & Economic Development
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- 7 - ORDINANCE NO. 3761-C.S.

EFFECTIVE DATE: May 11, 2023
Department, Planning Division

FINAL ADOPTION CLAUSE
The foregoing ordinance, having been published as required by the Charter of the City of Modesto, and coming on for final consideration at the regular meeting of the Council of the City of Modesto held on the 11th day of April 2023, Councilmember ?? moved its final adoption, which motion being duly seconded by Councilmember ??, was upon roll call carried and the ordinance adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED: ________________________

SUE ZWAHLEN, MAYOR
ATTEST: ___________________________________
DIANE NAYARES-PEREZ, City Clerk
Effective Date: May 11, 2023
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CITY OF MODESTO
ORDINANCE NO. 3761-C.S.

The following Ordinance was introduced by the City Council of the City of Modesto at the meeting of April 4, 2023:

AN ORDINANCE AMENDING SECTION 27-3-9 OF THE ZONING MAP OF THE CITY OF MODESTO TO REZONE FROM LOW-DENSITY RESIDENTIAL, R-1, TO MEDIUM-HIGH DENSITY RESIDENTIAL, R-3, PROPERTIES LOCATED 1505 AND 1513 SCENIC DRIVE (CITY OF MODESTO).

Copies of the above-mentioned ordinance are posted at the following locations:
 Tenth Street Place, 1010 10th Street
 Maddux Youth Center, 615 Sierra Drive
 Senior Citizen Center, 211 Bodem Street
Diane Nayares-Perez
City Clerk
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- 1 - ORDINANCE NO. 3762-C.S.

EFFECTIVE DATE: May 11, 2023
ORDINANCE NO. 3762-C.S.

AN ORDINANCE AMENDING SECTION 10-4.102 OF TITLE 10, CHAPTER 4 (DEVELOPMENT STANDARDS), ARTICLE 1 (RESIDENTIAL ZONES); REPEALING SECTION 10-4.115 AND SECTION 10-4.116 OF TITLE 10, CHAPTER 4 (DEVELOPMENT STANDARDS), ARTICLE 1 (RESIDENTIAL ZONES); ADDING ARTICLE 5 REGARDING ACCESSORY DWELLING UNITS TO TITLE 10, CHAPTER 4 (DEVELOPMENT STANDARDS); AND REPEALING AND REPLACING CHAPTER 8 OF TITLE 10 REGARDING DENSITY BONUS AND AFFORDABLE HOUSING WHEREAS, housing production in State of California has not kept pace with demand, resulting in the lack of housing and in particular lack of affordable housing; and WHEREAS, changes to state laws that became effective on January 1, 2022 and January 1, 2023 are intended to encourage the development of accessory dwelling units in areas zoned for single-family and multi-family uses to contribute to the affordable housing supply in the city; and
WHEREAS, changes to state Density Bonus laws that became effective on January 1, 2022 are intended to encourage the production of housing affordable to lower incomes; and WHEREAS, the changes to state laws are intended to off-set the cost of production for developers to contribute to the affordable housing supply in the city; and WHEREAS, this code amendment will update the City of Modesto’s Zoning Regulations consistent with state law regarding accessory dwelling units and with state law regarding the provision of density bonuses for affordable housing; and WHEREAS, this code amendment is necessary at this time as the city undertakes an update of both the General Plan and the Housing Element; and WHEREAS, a public hearing was held by the Planning Commission on February 6, 2023, in the Chambers, 1010 Tenth Street, Modesto, California at which hearing evidence both oral #9..
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EFFECTIVE DATE: May 11, 2023
and documentary was received and considered; and
WHEREAS, the proposed code amendment that addresses regulations for accessory dwelling units is Statutorily Exempt from CEQA pursuant to Section 15282 (h) of the State CEQA Guidelines that exempts the adoption of an ordinance regarding second units in a singlefamily or multi-family residential zone by a city or county to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code; and WHEREAS, the proposed code amendment that addresses state density bonus law is not a project that would have a significant effect on the environment, therefore it is not subject to CEQA pursuant to Section 15061 (b)(3) of the State CEQA Guidelines, the “commonsense exemption,” which reasons that CEQA applies only to projects, which have the potential for causing a significant effect on the environment; and
WHEREAS, after a public hearing held on February 6, 2023, it was found and determined by the Planning Commission that the requested code amendment will not be detrimental to the public health, safety or welfare because providing more housing and especially affordable housing will benefit the community; and
WHEREAS, the requested code amendment will result in an orderly planned use of land because the amended regulations for accessory dwelling units will clarify where and how accessory dwelling units may be built; and
WHEREAS, the requested code amendment will result in an orderly planned use of land because the amended regulations will establish the regulations for density bonuses to encourage the production of housing for low-income persons and families; because it is in accordance with the community’s objectives as set forth in the General Plan and any applicable specific plan(s) #9..
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EFFECTIVE DATE: May 11, 2023
because the proposed code amendment will encourage the provision of more affordable housing consistent with the goals of the Housing Element, a portion of the General Plan, and WHEREAS it is in accordance with the community’s objectives as set forth in the General Plan and any applicable specific plan(s) because the proposed code amendment allows for the development of more accessory dwelling units consistent with the goals of the Housing Element, a portion of the General Plan; and
WHEREAS, by Resolution No. 2023-05 and Resolution No. 2023-06 adopted on February 6, 2023, the Planning Commission recommended to the Council that the proposed amendments to Title 10 of the Modesto Municipal Code including the amendment of Section 10- 4102, repeal of Section 10-4.115 and Section 10-4.116, the addition of a new Article 5 to the Modesto Municipal Code and the repealing and replacement of Chapter 8, be approved; and WHEREAS, this Code amendment was set for a public hearing on April 4, 2023, before the City Council, at which date and time said duly noticed public hearing of the Council was held for the purpose of receiving public comment on the proposed amendment of Section 10-4.102, repeal of Sections 10-4.115, and Section 10-4.116, the addition of Article 5 and the repealing and replacing of Chapter 8 to the Modesto Municipal Code; and WHEREAS, evidence, both written and oral, was duly presented and considered by the City Council at the aforesaid public hearing; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred. #9..
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- 4 - ORDINANCE NO. 3762-C.S.

EFFECTIVE DATE: May 11, 2023
WHEREAS, after a public hearing held on April 4, 2023, in the Tenth Street Place Chambers located at 1010 10th Street, Modesto, California, this Council finds and determines as follows:

1. The requested change will not be detrimental to the public health, safety, or welfare because providing more housing in compliance with building standards, especially affordable housing, will benefit the community.

2. The requested change will result in an orderly planned use of land because the amended regulations for accessory dwelling units will clarify where and how accessory dwelling units may be built.

3. The requested change is in accordance with the community’s objectives as set forth in the General Plan and any applicable specific plans because the proposed code amendments allow for the development of more accessory dwelling units consistent with the goals of the Housing Element, a portion of the General Plan.

NOW, THEREFORE, the Council of the City of Modesto does ordain as follows:

SECTION 1. AMENDMENT OF CODE. Title 10 of the Modesto Municipal Code, Chapter 4, “Development Standards,” Article 1, “Residential Zones,” Section 10-4.102, Table 4.1- 1 “Residential Development Standards, is hereby amended to read as follows:

Table 4.1-1 Residential Development Standards
Development Standards Zoning Districts
R-1 R-2 R-3
Notes

LOT REQUIREMENTS
Area(minimum in Sq Ft)
Interior Lot 5,000 6,000 6,000
Corner Lot 5,500 6,500 6,500
See Section 10-4.103
Density
Minimum - - -
Maximum - - -
See Section 10-4.104
Width(minimum in feet)
Interior Lot 50 60 60 See Section 10-4.105 a
Corner Lot 60 60 60 See Section 10-4.105 b
Flag Lot 20 20 20 See Section 10-4.105 c
Coverage(maximum in %)
Interior Lot 50 55 60 See Section 10-2.141.
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EFFECTIVE DATE: May 11, 2023
Corner Lot 55 60 65 For accessory dwelling
units, see Article 5.

SETBACK REQUIREMENTS
Front and Street-Side(corner lot) (minimum in feet) See Section 10-4.106 Buildings (except garage, carport, parking space) 15 15 15 Garage, Carport, Parking Space (Side facing/front
facing)
15/20 15/20 15/20
Side, (interior)(minimum in feet) See Section 10-4.107
Buildings, Main   - One Story Portion 5 5 5
- Two Story Portion Adjacent to R-1(1) 10 15 15
Not Adjacent to
R-1(1)
10 10 10
See Sections 10-4.107 a
and 10-4.110 for 2nd
story dwellings
- Three Story Portion Adjacent to R-1(1) - - 20
Not Adjacent to
R-1(1)
- - 10
Accessory Building, Garage, Carport, Parking
Space - One Story
5 5 5 See Section 10-4.114
- Two Stories 5 5
Accessory Dwelling Unit See Article 5
Rear(minimum in feet)
Buildings, Main  - One Story Portion 10 10 10 See Section 10-4.108 a - Two Story Portion 15 15 15
- Three Story Portion Adjacent to R-1(1) - - 20
Not Adjacent to
R-1
- - 15
Accessory Building, Garage, Carport, Parking
Space - One Story
5 5 5 See Section 10-4.108 b,
and 10-4.114
- Two Stories 5 5 5

HEIGHT REQUIREMENTS
Structure (maximum height in stories/feet,
whichever is less)
2/30 2/30 3/42 See Sections 10-4.109
and 10-4.110

OTHER REQUIREMENTS
Parking See Chapter 5
Signs See Chapter 6
Fencing See Section 10-4.406
Street Frontage See Section 10-4.111
Lots with Existing Units See Section 10-4.112
Design See Section 10-4.113
(1) Adjacent to R-1 zone includes property zoned R-1 in the City including P-D zones (with R-1 density) and property zoned A-2, R-A, and R-1 in the County.

SECTION 2. REPEALING OF SECTIONS. Title 10 of the Modesto Municipal Code, Chapter 4, “Development Standards,” Article 1, “Residential Zones,” Sections 10-4.115 and 10- #9..
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- 6 - ORDINANCE NO. 3762-C.S.

EFFECTIVE DATE: May 11, 2023

4.116 are hereby repealed in their entirety.

SECTION 3. ADDITION OF CODE. Title 10 of the Modesto Municipal Code, Chapter 4, “Development Standards,” Article 5, “Accessory Dwelling Units.” is hereby added to read as follows:

Article 5. - Accessory Dwelling Units
10-4.501- Purpose and intent.

This Article implements the requirements of Government Code Sections 65852.2 and 65852.22.
10-4.502 - Accessory Dwelling Units - General.
(a) The following regulations provided below and in apply to accessory dwelling units and junior accessory dwelling units in any zone that allows single-family or multi-family, or mixed-use. (b) Accessory dwelling units and junior accessory dwelling units may only be rented in increments of thirty (30) days or more.
(c) An accessory dwelling unit includes an efficiency unit as defined in Section 17958.1 of the Health and Safety Code.
(d) An accessory dwelling unit includes a manufactured home, as defined in Section 18007 of the Health and Safety Code.
(e) These regulations may be applicable to lots zoned for single-family residential uses and built with units in compliance with Senate Bill No. 9 (Chapter 162, Statues of 2021). (f) An Accessory Dwelling Unit (ADU) or Junior Accessory Dwelling Unit (JADU) conforming to the standards of this Article shall:
(1) Be deemed to be an accessory use or accessory building. (2) Be deemed a residential use that is consistent with the existing General Plan or zoning designation for the lot.
(3) Not be considered in the application of any local ordinance, policy, or program to limit residential growth.
(4) Not be considered to exceed the allowable density for the lot upon which the ADU or JADU is located.
(5) Not be considered to be a new residential use for calculating connection fees or capacity charges for utilities, including water and sewer services, unless the ADU or JADU was constructed with a new single-family dwelling.
(6) Except as provided in Government Code Section 65852.26, an accessory dwelling unit may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence.
(7) A JADU shall not be sold separate from the single-family residence. #9..
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- 7 - ORDINANCE NO. 3762-C.S.

EFFECTIVE DATE: May 11, 2023
10-4.503 - Application Filing, Processing, and Review.
(a) Ministerial Approval Only. A local agency shall ministerially approve an application for a building permit for an ADU or JADU.
(1) Timeframe for Review. If there is an existing single-family or multi-family dwelling on the lot, the permitting agency shall either approve or deny the application within sixty (60) days from the date the permitting agency receives the completed application. (i) If the applicant requests a delay, the sixty (60)-day time period shall be tolled for the period of the delay.
(2) If the local agency has not approved or denied the completed application within sixty (60) days, the application shall be deemed approved.
(3) If a building permit for an ADU or JADU is submitted with a permit application for a new single-family or multi-family dwelling on the lot, the permitting agency may delay approval of the ADU or JADU application until the permitting agency either approves or denies the application to create the new single-family or multi-family dwelling. (4) A demolition permit for a detached garage that will be replaced with an ADU, shall be reviewed with the application for the ADU and issued at the same time. (i) Written notice or the posting of a placard for the demolition of a detached garage, per subparagraph (4), above, shall not be required, unless the subject property is located within an architecturally and historically significant historic district, or is listed on a local, statewide, or national register of historically significant structures. (5) If the permitting agency denies an application for an ADU or JADU, the permitting agency shall, within the sixty (60) daytime-period, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. (b) Fire Sprinklers. An ADU shall not be required to provide fire sprinklers if they are not required for the primary residence; and the construction of an ADU shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. (c) Passageways. The construction of an ADU shall not trigger a requirement for construction of a passageway, as defined in Government Code Section 65852.2. (d) Nonconforming Zoning Conditions. The construction of an ADU shall not trigger requirements to correct nonconforming zoning conditions. No increase in of nonconforming zoning conditions shall be allowed.
(e) Building Code Requirements. Local building code requirements that apply to detached dwellings shall apply to ADUs, except that the construction of an ADU shall not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the building official or enforcement agency of the local agency make a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety.
(1) Nothing in this clause shall be interpreted to prevent a local agency from changing the occupancy code of a space that was unhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use pursuant to this section.
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EFFECTIVE DATE: May 11, 2023
(f) Other Regulations. No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit or use permit under this subdivision. (g) Construction Fees. Fees charged for the construction of accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012) of the Modesto Municipal Code. (h) Utilities. An ADU shall not be considered by a local agency, special district, or water corporation to be a new residential use for the purposes of calculation connection fees or capacity changes for utilities, including water and sewer service, unless the ADU was constructed with a new single-family dwelling.
(i) Impact Fees, under 750 square feet. A local agency, special district, or water corporation shall not impose any impact fee upon the development of an ADU less than seven hundred fifty (750) square feet.
(j) Impact Fees, 750 or more square feet. An impact fee charged for an ADU of seven hundred fifty (750) square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit.
(k) Lot Coverage. For an ADU of eight hundred (800) square feet or less, lot coverage as shown on Table 4.1-1 shall not apply
10-4.504 - Types and Locations of Accessory Dwelling Units (ADU). (a) Attached. An ADU may be attached to a proposed or existing primary single-family or multi-family dwelling.
(b) Detached. An ADU may be detached (free-standing) from the proposed or existing primary single-family or multi-family dwelling on the same lot. (c) Converted. An ADU may be located within the proposed or existing primary single-family or multi-family dwelling, in areas currently not used for living spaces (e.g., garage or laundry room), or in an existing (free-standing) accessory building on the lot. (d) Junior ADU (JADU). A JADU is a special type of ADU that is not more than five hundred (500) square feet in size and is contained entirely within the walls of an existing or proposed single-family residence.
10-4.505 - Number and type of Accessory Dwelling Units Permitted. (a) Lots with a Single-family Dwelling.
(1) One (1) Junior Accessory Dwelling unit (JADU) is allowed per lot in a residential or mixed-use zone, where there is only one (1) existing or one (1) proposed single family dwelling.
(i) Junior Accessory Dwelling Units shall conform to the requirements in Section 10-

4.508, below.
(2) One (1) Detached (new construction) ADU is allowed per lot in a residential or mixeduse zone, where there is only one (1) existing or one (1) proposed single family dwelling:
(i) Not exceeding 850 square feet in floor area (one bedroom); This does not preclude the creation of an efficiency unit.
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(iii) Four (4) foot side and four (4) foot rear yard setbacks are allowed. (b) Lots with Multi-family Dwellings.
(1) Within an existing multifamily dwelling, a maximum of twenty-five (25) percent of the existing multifamily dwelling units, minimum one (1), is allowed. (i) These ADUs may be built in the portions of existing multifamily structures not currently used as living space (e.g., storage rooms, boiler rooms, passageways, attics, and garages).
(2) Not more than two (2) detached ADUs may be added to a lot that has an existing or proposed multifamily dwelling.
10-4.506 - Accessory Dwelling Units (ADUs): Maximum Sizes. (a) Attached ADUs. If there is an existing primary dwelling on the lot, then the total floor area of an attached accessory dwelling unit shall not exceed fifty (50) percent of the existing primary dwelling.
(b) Detached ADUs. The total floor area for a detached accessory dwelling unit shall not exceed twelve hundred (1,200) square feet or the square footage of the primary structure, whichever is less.
(c) A JADU shall not exceed five hundred (500) square feet in area. 10-4.507 - Accessory Dwelling Unit: Height Limits.
(a) Lots with a Single-family Dwelling.
(1) A height limit of sixteen (16) feet; or,
(2) A height limit of eighteen (18) feet, if the lot is within one-half mile (walking distance) of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code.
(3) An additional two (2) feet in height is allowed to accommodate a roof pitch on an accessory dwelling unit that is aligned with the roof pitch of the primary dwelling. (4) For an ADU that is attached to a primary dwelling, a maximum height of 25 feet or the height limitation in the zone that applies to the single-family dwelling, whichever is lower. This does not require the City to allow an accessory dwelling unit to exceed two stories.
(5) For an ADU that is built as a second floor to an existing or proposed detached garage the maximum height is 25 feet.
(b) Lots with Multifamily Dwellings.
(1) A height limit of sixteen (16) feet; or,
(2) A height limit of eighteen (18) feet on a lot with a multistory, multifamily dwelling; or (3) A height limit of eighteen (18) feet, if the lot is within one-half mile (walking distance) of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code.
10-4.508 - Junior Accessory Dwelling Units (JADU).
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(a) A junior accessory dwelling unit (JADU) shall be contained within the walls of the existing or proposed single-family residence.
(1) For the purposes of this section, contained within, a single-family residence includes the conversion of an attached garage.
(b) A JADU shall not exceed five hundred (500) square feet in area. (c) The JADU shall include a separate entrance from the main entrance to the existing or proposed single-family dwelling.
(d) If the JADU does not include a separate bathroom, the JADU shall include a separate entrance from the main entrance to the structure and an interior entry to the main living area. (e) A junior accessory dwelling unit shall have an efficiency kitchen which includes all of the following:
(1) A cooking facility with appliances;
(2) A food preparation counter; and
(3) Storage cabinets of a reasonable size in relation to the size of the JADU. (f) Prior to final inspection of a JADU, the property owner shall record a notice of conditions (deed restriction), which shall run with the land, specifying that owner shall occupy either the JADU or the remaining portion of the single-family residence at all times, unless the owner is a governmental agency, land trust, or housing organization. (g) Prior to final inspection of a JADU, the property owner shall record with the City a deed restriction, which shall run with the land, that shall include both of the following:
(1) A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers.
(2) A restriction on the size and attributes of the junior accessory dwelling unit that conforms with Government Code Section 65852.22.
10-4.509 - Parking, Accessory Dwelling Units.
(a) No more than one (1) off-street parking space shall be required for an accessory dwelling unit.
(1) Parking may be tandem in an existing driveway.
(2) An uncovered off-street parking space, for an accessory dwelling unit, may be located, on a paved surface, in either a required front setback (existing driveway) or (if a lot has alley access) in a required rear setback.
(b) When a garage, carport, or other covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or is converted to an accessory dwelling unit, the lost off-street parking is not required to be replaced. (c) No parking is required for an accessory dwelling unit if:
(1) The unit is within one-half (0.5) mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code. (2) The accessory dwelling unit is within an architecturally and historically significant district.
(3) The accessory dwelling unit is part of the proposed or existing primary residence or an existing accessory structure.
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(4) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
(5) When there is a car share vehicle located within one (1) block of the accessory dwelling unit.
(d) No additional parking is required for a Junior Accessory Dwelling Unit. 10-4.510 - General Development Standards.
(a) The maintenance of a single-family dwelling appearance is encouraged through means such as:
(1) For an attached ADU or JADU, locating the second unit entrance to the side or rear of the main building so it is not readily visible from the street. (2) Employing construction materials and architectural styles which blend the units so they appear as a single residence (if attached) or as single residence and accessory building, if detached.
(b) Where a second story accessory dwelling unit (ADU) is built adjacent a rear or side yard of a lot developed with a one (1) story, single-family residential dwelling, any walls of the accessory dwelling unit that could provide unobstructed views of a neighboring rear yard or actively used side yard shall have either no windows or windows with a bottom sill located at least five (5) feet eight (8) inches from the finished floor of the second story. This does not apply to a window required by the Building Code to be usable for accessible emergency access.
(c) The City Council may designate, from time to time, by resolution, areas within which accessory dwelling units will not be permitted due to infrastructure constraints relating to water and sanitary sewer.

SECTION 4. REPEALING AND REPLACING. Title 10 of the Modesto Municipal Code, Chapter 8, “Affordable Housing,” is hereby repealed and replaced to read as follows.

Chapter 8

AFFORDABLE HOUSING
Article 1. - Density Bonus: General Provisions
10-8.101- Purpose and Intent.

This Chapter implements the requirements of Government Code Section 65915. The intent of a density bonus or other incentives offered by the city is to contribute significantly to the economic feasibility of lower income housing in proposed developments. In the absence of an agreement by a developer in accordance with this Chapter, the city shall not offer a density bonus or any other incentive that would undermine the intent of Government Code Section 65915.
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10-8.102 - Statement of Authorization.

The City may grant a housing development, meeting the requirements of this Article and Government Code Section 65915, either of the following:
(1) A density bonus greater than what is described in this Chapter; or, (2) For housing developments that do not meet the requirements of this article, a proportionately lower density bonus.
10-8.103 - Consistency with California Government Code.

A Density bonus for a housing development, or for the donation of land for housing within the City shall be governed by and shall be in accordance with the provisions of California Government Code Section 65915.

Article 2. - Density Bonus: Definitions
Unless otherwise specified below, the following words or phrases are limited to use in this Chapter.
10-8.201 - Development Standard. A Development Standard includes a site or construction condition, including but not limited to, a height limitation, a setback requirement, a floor area ratio, an onsite open-space requirement, or a parking ratio that applies to a residential development pursuant to any ordinance, general plan element, specific plan, charter, or other local condition, law policy, resolution or regulation.
10-8.202 - Located Within one-half mile of a major transit stop. Means that any point on a proposed development, for which an applicant seeks a density bonus, other incentives or concessions, waivers or reductions of development standards, or a vehicular parking ratio pursuant to this section, is within one-half mile of any point on the property on which a major transit stop is located, including any parking lot owned by the transit authority or other local agency operating the major transit stop.
10-8.203 - Lower income student. Means a student who has a household income and asset level that does not exceed the level for Cal Grant A or Cal Grant B award recipients as set forth in paragraph (1) of subdivision (k) of Section 69432.7 of the Education Code. The eligibility of a student to occupy a unit for lower income students under this section shall be verified by an affidavit, award letter, or letter of eligibility provided by the institution of higher education in which the student is enrolled or by the California Student Aid Commission that the student receives or is eligible for financial aid, including and intuitional grant or fee waiver from the college or university, the California Student Aid Commission, or the federal government. 10-8.204 - Maximum allowable residential density. Means the density allowed under the zoning ordinance and land use element of the general plan, or if a range of density is permitted, means the maximum allowable density for the specific zoning range and land use element of the general plan applicable to the project. If the density allowed under the zoning ordinance is #9..
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inconsistent with the density allowed under the land use element of the general plan, the general plan density shall prevail.
10-8.205 - Very-Low-Income Households. As defined in Section 50105 of the Health and Safety Code, “very low-income households” means persons and families whose incomes do not exceed the qualifying limits for very low-income families as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937. “Very low-income households” includes extremely low-income households, as defined in Section 50106. 10-8.206 - Area median income means the median family income of Stanislaus County as set by the U.S. Department of Housing and Urban Development (HUD). 10-8.207 - Low or Moderate-Income Households. Persons and families of low or moderate income means persons and families whose income does not exceed 120 percent of area median income. Persons and families of low or moderate income includes very low-income households; extremely low-income households; and lower income households as defined in Sections 50105, 50106, and 50079.5 of the Health and Safety Code.
10-8.208 - Total units or total dwelling units. Means a calculation of the number of units that:
(a) Excludes a unit added by a density bonus awarded pursuant to this article or any local law granting a greater density bonus.
(b) Includes a unit designated to satisfy an inclusionary zoning requirement of the city. 10-8.209 - Unobstructed access to the major transit stop. Means a resident is able to access the major transit stop without encountering natural or constructed impediments. For purposes of this subparagraph, “natural or constructed impediments” includes, but is not limited to, freeways, rivers, mountains, and bodies of water, but does not include residential structures, shopping centers, parking lots, or rails used for transit.
10-8.210 - Density bonus. Means a density increase over the otherwise maximum allowable gross residential density as of the date of the application by the applicant to the city, or, if elected by the applicant, a lesser percentage of density increase, including, but not limited to, no increase in density.

Article 3. - Density Bonus: Projects Ineligible for a Density Bonus 10-8.301 - Ineligible Projects. Pursuant to Government Code Section 65915, a housing development shall be ineligible for a density bonus or any other incentive or concession, if any of the following is applicable:
(a) The housing development is proposed on any property that includes a parcel or parcels on which rental dwelling units are or, if the dwelling units have been vacated or demolished in the five-year period preceding the density bonus application, have been subject to a recorded #9..
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covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income; or,
(b) The housing development is proposed on any property that includes a parcel or parcels on which rental dwelling units are subject to any other form of rent or price control through a public entity’s valid exercise of its police power; or, (c) The housing development is proposed on any property that includes a parcel or parcels on which dwelling units are occupied by lower or very low-income households. 10-8.302 A housing development found ineligible for a density bonus pursuant to Section 10-

8.301 and Government Code Section 65915, may be deemed eligible if the proposed housing development replaces those units, specified in section 10-8.301, and either of the following applies:
(a) The proposed housing development, inclusive of the units replaced pursuant to this article, contains affordable units at the percentages set forth in Article 8 (Density Bonus:

Calculations), or,
(b) Each unit in the development, exclusive of a manager’s unit or units, is affordable to, and occupied by, either a lower or very low-income household. 10-8.303 For the purposes of this article, “replace” shall mean either (a) or (b), below, as applicable.
(a) Occupied Units. If any dwelling units described in section 18-8.301 are occupied on the date of application, the proposed housing development shall provide at least the same number of units of equivalent size to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those households in occupancy.
(b) Unoccupied Units. For unoccupied dwelling units described in section 18-8.301 in a development with occupied units, the proposed housing development shall provide units of equivalent size to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as the last household in occupancy.
(c) If the income category of the last household in occupancy or of the household in occupancy is not known (whichever is applicable) it shall be rebuttably presumed that lower income renter households occupied those units in the same proportion of lower income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database. (d) All replacement calculations resulting in fractional units shall be rounded up to the next whole number.
(e) If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least 55 years. (f) If the proposed development is for-sale units, the units replaced that be subject to Section 10-

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10-8.304 Notwithstanding Section 10-8.301 and 10-8.302, above, for any dwelling unit described in Section 10-8.301 that is or was, within the five-year period preceding the [Density Bonus] application, subject to a form of rent or price control through a local government’s valid exercise of its police power and that is or was occupied by persons or families above lower income, the City may do either of the following:
(a) Require that the replacement units be made available at affordable rent or affordable housing cost to, and occupied by, low-income persons or families. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction of at least 55 years. If the proposed development is for-sale units, the units replaced shall be subject to the requirements of Section 10-8.808; or,
(b) Require that the units to be replaced in compliance with the City’s rent or price control ordinance, provided that each unit described in Section 10-8.301 is replaced. Unless otherwise required by the jurisdiction’s rent or price control ordinance, these units shall not be subject to a recorded affordability restriction.

Article 4. - Density Bonus: Incentives or Concessions
10-8.401 – For the purpose of this Chapter, incentive or concession means any of the following:
(a) A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable and actual cost reductions, to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in Article 8 (Density Bonus: Calculations).
(b) Approval of mixed-use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located.
(c) Other regulatory incentives or concession proposed by the developer or the city that result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in Article 8 (Density Bonus: Calculations).
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(d) This Article does not limit or require the provision of direct financial incentive for the proposed housing development, including the provision of publicly owned land, by the city, or the waiver of fees or dedication requirements.
10-8.402 - Applicant request.

In compliance with this Chapter and Government Code Section 65915 (d) and (e), an applicant for a density bonus may submit a proposal to the city for specific incentives, concessions, and/or a waiver or reduction of development standards that would have the effect of physically precluding the construction of a development meeting the requirements of this Chapter; and may request a meeting with the Department.
10-8.403 - Consideration of incentives, concessions, and/or a waiver or reduction of development standards. The city shall grant the concession, incentive, and/or waiver or reduction of development standards requested by the density bonus applicant, unless the city makes a written finding, based upon substantial evidence, of any of the following:
(a) The proposed concession or incentive does not result in identifiable and actual cost reductions, consistent with this section, to provide for affordable housing costs as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in Article 8 (Density Bonus: Calculations).
(b) The proposed concession, incentive, and/or waiver or reduction of development standards would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or on any real property that is listed in the California Register of Historic Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low-income and moderate-income households. (c) The proposed concession, incentive, and/or waiver or reduction of development standards would be contrary to state or federal law.
10-8.404 - Number of incentives or concessions.

An applicant shall receive the following number of incentives or concessions. A proposal for a waiver or reduction of development standards pursuant to this article shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled to pursuant to this Article.
(a) One (1) incentive or concession for a project that includes either of the following:
(1) At least ten (10) percent of the total units for lower income households, at least five (5) percent for very low-income households, or at least ten (10) percent for persons and families of moderate income in a development in which the units are for sale; or (2) At least twenty (20) percent of the total units for lower income students in a student housing development.
(b) Two (2) incentives or concessions for a project that includes at least seventeen (17) percent of the total units for lower income households, at least ten (10) percent for very low-income #9..
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households, or at least twenty (20) percent for persons and families of moderate income in a development in which the units are for sale.
(c) Three (3) incentives or concessions for a project that includes at least twenty-four (24) percent of the total units for lower income households, at least fifteen (15) percent for very low-income households, or at least thirty (30) percent for persons and families of moderate income in a development in which the units are for sale. (d) Four (4) incentives or concessions for a project where one-hundred (100) percent of all units in the development, including total units and density bonus units, but excluding a manager’s unit(s), are for lower income households, as defined in Section 50079.5 of the Health and Safety Code, except that up to twenty (20) percent of the units in the development, including total units and density bonus units, may be for moderate-income households, as defined in Section 50053 of the Health and Safety Code.
(1) If a project in subparagraph (d), above, is located within one-half mile of a major transit stop, the applicant shall also receive a height increase of up to three (3) additional stories, or thirty-three (33) feet.
10-8.405 - Approval or denial of proposed incentives or concessions.

Approval or denial of the requested incentives or concessions, shall be by the City Council.

Denial shall be by a written finding, based upon substantial evidence, pursuant to section 10-8.403, above.

Article 5. - Density Bonus: Reduced Parking Ratios
10-8.501. Except as provided in Sections 10-8.502, 10-8.503, and 10-8.504, below, upon the request of the developer, the city shall not require a vehicular parking ratio, inclusive of parking for persons with a disability and guests, for a development meeting the criteria of Article 8 (Density Bonus: Calculations) that exceeds the following ratios:
(a) Zero (0) to one (1) bedroom; one (1) onsite parking space. (b) Two (2) to three (3) bedrooms: one and one-half (1.5) onsite parking spaces. (c) Four (4) and more bedrooms: two and one-half (2.5) onsite parking spaces. 10-8.502. Notwithstanding Section 10-8.501, if a development includes at least twenty (20) percent low income units for housing developments meeting the criteria of Section 10-8.801 of Article 8 (Density Bonus: Calculations) or at least eleven (11) percent very low-income units for housing developments meeting the criteria of Section 10-8.801 of Article 8 (Density Bonus:

Calculations), is located within one-half mile of a major transit stop, and there is unobstructed access to the major transit stop from the development, then, upon the request of the developer, the city shall not impose a vehicular parking ratio, inclusive of parking for persons with a disability and guests, that exceeds one-half (0.5) spaces per unit. 10-8.503. Notwithstanding Section 10-8.501, if a development includes at least forty (40) percent moderate-income units for housing developments meeting the criteria of Section 10-8.804 of #9..
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Article 8 (Density Bonus: Calculations), is located within one-half mile of a major transit stop, as defined in subdivision (b) of Section 21155 of the Public Resources Code, and the residents of the development have unobstructed access to the major transit stop from the development, then upon the request of the developer, the city shall not impose a vehicular parking ratio, inclusive of parking for persons with a disability and guest, that exceeds one-half (0.5) spaces per bedroom. 10-8.504. Notwithstanding Section 10-8.501, if a development consists solely of rental units, exclusive of a manager’s unit(s), with an affordable housing cost to lower income families as provided in Section 50052.5 of the Health and Safety Code, then upon the request of the developer, the city shall not impose vehicular parking standards if the development meets either of the following criteria:
(a) The development is located within one-half mile of a major transit stop and there is unobstructed access to the major transit stop from the development; or, (b) The development is a for-rent housing development for individuals who are sixty-two (62) years of age or older that complies with Sections 51.2 and 51.3 of the Civil Code, and the development has either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight (8) times per day. 10-8.505. Notwithstanding Section 10-8.501, if a development consists solely of rental units, exclusive of a manager’s unit(s), with an affordable housing cost to lower income families as provided in Section 50052.5 of the Health and Safety Code, and the development is either a special needs housing development, as defined in Section 51312 of the Health and Safety Code, or a supportive housing development, as defined in Section 50675.14 of the Health and Safety Code, then upon the request of the developer, the city shall not impose any minimum vehicular parking requirement.
(a) A development that is a special needs housing development shall have either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight (8) times per day.
10-8.506. For the purposes of this article, “unobstructed access to the major transit stop” means a resident is able to access the major transit stop without encountering natural or constructed impediments. Nature or constructed impediments includes, but is not limited to, freeways, rivers, mountains, and bodies of water, but does not include residential structures, shopping centers, parking lots, or rail used for transit.
10-8.507. If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number. 10-8.508. For the purposes of this subdivision, a development may provide onsite parking through tandem parking or uncovered parking, but not through on-street parking. 10-8.509. A request pursuant to this article shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to Article 4 (Density Bonus:

Incentives or Concessions).
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Article 6. - Density Bonus: Donation of Land
10-8.601 When an applicant for a subdivision pursuant to Government Code Section 66410, et seq.; or other residential development approval donates land to the city, in accordance with this article, the applicant shall be entitled to a fifteen (15) percent increase above the otherwise maximum allowable residential density for the entire development, as shown in Table 10-8.601 (Donation of Land).
(a) This increase shall be in addition to any increase in density mandated by Article 8 (Density Bonus: Calculations), up to a maximum combined mandated density increase of thirty-five (35) percent, if an applicant seeks an increase pursuant to both this article and Article 8 (Density Bonus: Calculations).
(b) All density calculations resulting in fractional units shall be rounded up to the next whole number.
(c) Nothing in this article shall be construed to enlarge or diminish the authority of the City to require a developer to donate land as a condition of development. (d) An applicant shall be eligible for the increased density bonus described in this article if all of the following conditions are met:
(1) The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map, or residential development application; and, (2) The developable acreage and zoning classification of the land being transferred are sufficient to permit the construction of housing units affordable to very low-income households in an amount not less than ten (10) percent of the number of residential units of the proposed development; and,
(3) The transferred land is at least one acre in size or of sufficient size to permit development of a least forty (40) units, has the appropriate general plan designation, is appropriately zoned with appropriate development standards for development at the density described in paragraph (3) of subdivision (c) of Section 65583.2, and is or will be served by adequate public facilities and infrastructure; and,
(4) The transferred land shall have all of the permits and approvals, excluding building permits, necessary for the development of the very low income housing units on the transferred land, not later than the date of approval of the final subdivision map, parcel map, or residential development application, except that the local government may subject the proposed development to subsequent design review to the extent authorized by subdivision (i) of Section 65583.2 if the design is not reviewed by the city before the time of transfer; and,
(5) The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with Article 8 (Density Bonus: Calculations), which shall be recorded on the property at the time of the transfer; and, (6) The land is transferred to the local agency or to a housing developer approved by the local agency. The local agency may require the applicant to identify and transfer the land to the developer; and,
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EFFECTIVE DATE: May 11, 2023
(7) The transferred land shall be within the boundary of the proposed development or, if the local agency agrees, within one-quarter mile of the boundary of the proposed development; and,
(8) A proposed source of funding for the very low-income units shall be identified not later than the date of approval of the final subdivision map, parcel map, or residential development application.

TABLE 10-8.601 – Donation of Land
Percentage Very LowIncome Percentage Density Bonus
10 15
11 16
12 17
13 18
14 19
15 20
16 21
17 22
18 23
19 24
20 25
21 26
22 27
23 28
24 29
25 30
26 31
27 32
28 33
29 34
30 35
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EFFECTIVE DATE: May 11, 2023
Article 7. - Density Bonus: Inclusion of a Childcare Facility 10-8.701. When an applicant proposes to construct a housing development that conforms to the requirements of Article 8 (Density Bonus: Calculations) and will include a childcare facility that will be located on the premises of, as part of, or adjacent to, the project, the city shall grant either of the following:
(a) An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the childcare facility; or, (b) An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the childcare facility. 10-8.702. The city shall require, as a condition of approving the housing development, that the following occur:
(a) The childcare facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable pursuant to Article 8 (Density Bonus: Calculations). (b) Of the children who attend the childcare facility, the children of very low-income households, lower income households, or families of moderate income shall equal a percentage that is equal or greater than the percentage of dwelling units that are required for very low-income households, lower income households, or families of moderate income, pursuant to Article 8 (Density Bonus: Calculations). (c) Notwithstanding any requirement of this article, the city shall not be required to provide a density bonus or concession for a childcare facility if it finds, based upon substantial evidence, that the community has adequate childcare facilities. 10-8.703. “Childcare facility,” as used in this article, means a child daycare facility other than a family daycare home, including, but not limited to, infant centers, preschools, extended daycare facilities, and school-age childcare centers.
10-8.704. “Housing development,” as used in this article, means a development project for five (5) or more residential units, including mixed-use developments. For the purposes of this article, “housing development” also includes a subdivision or common interest development, as defined in Section 4100 of the Civil Code, approved by the city and consists of residential units or unimproved residential lots; and either a project to substantially rehabilitate and convert an existing commercial building to residential use; or the substantial rehabilitation of an existing multifamily dwelling, as defined in subdivision (d) of Section 65863.4, where the result of the rehabilitation would be a net increase in available residential units. 10-8.705 For the purpose of calculating a density bonus, the residential units shall be on contiguous sites that are the subject of one (1) development application, but do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in #9..
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- 22 - ORDINANCE NO. 3762-C.S.

EFFECTIVE DATE: May 11, 2023
geographic areas of the housing development other than the areas where the units for the lower income households are located.

Article 8. - Density Bonus: Calculations
(a) An applicant who requests a density bonus pursuant to this subdivision shall elect whether the bonus shall be awarded on the basis of section 10-8.801, 10-8.802, 10-8.803, 10-8.804, 10-8.805, 10-8.806, 10-8.807, or 10-8.808, below.
(b) All density calculations resulting in fractional units shall be rounded up to the next whole number.
(c) The granting of a density bonus shall not require, or be interpreted, in and of itself to require a general plan amendment, zone change, or other discretionary approval. (d) An applicant shall agree to, and the city shall ensure, the continued affordability of all very low and low-income rental units that qualified the applicant for an award of a density bonus for fifty-five (55) years or a longer period of time if required by a construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. (e) Except as specified in Section 10-8.807, rents for the lower income density bonus units shall be set at an affordable rent, as defined in Section 50053 of the Health and Safety Code. (f) The City shall grant one density bonus, the amount of which as specified in this Article, if the applicant for a housing development seeks and agrees to construct a housing development, excluding any units permitted by the density bonus awarded pursuant to this Article, that will contain at least any one of the following:
10-8.801. Low-Income Units. If ten (10) percent of the total units of a housing development for rental or sale to lower income households, as defined in Section 50079.5 of the Health and Safety Code, the density bonus shall be calculated as follows:

TABLE 10-8.801 – Low-Income Units
Percentage Low-Income
Units
Percentage Density Bonus
10 20
11 21.5
12 23
13 24.5
14 26
15 27.5
16 29
17 30.5
18 32
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EFFECTIVE DATE: May 11, 2023
19 33.5
20 35
21 38.75
22 42.5
23 46.25
24 50
10-8.802. Very Low-Income Units. If five (5) percent of the total dwelling units of a housing development are reserved for rent or sale to very low-income households, as defined in Section 50105 of the Health and Safety Code, the density bonus shall be calculated as follows:

TABLE 10-8.802 – Very Low-Income Units
Percentage
Very Low-Income Units
Percentage Density Bonus
5 20
6 22.5
7 25
8 27.5
9 30
10 32.5
11 35
12 38.75
13 42.5
14 46.25
15 50
10-8.803. Senior Housing. A senior citizen housing development, as defined in Sections 51.3 and 51.12 of the Civil code, or a mobilehome park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil code shall receive a density bonus equal to twenty (20) percent of the number of senior housing units. 10-8.804. Moderate Income Units (For Purchase). If ten (10) percent of the total dwelling units of a housing development are sold to persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code, provided that all units in the development are offered to the public for purchase.

TABLE 10-8.804 – Moderate-Income Units (For
Purchase)
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- 24 - ORDINANCE NO. 3762-C.S.

EFFECTIVE DATE: May 11, 2023
Percentage ModerateIncome Units Percentage Density Bonus 10 5
11 6
12 7
13 8
14 9
15 10
16 11
17 12
18 13
19 14
20 15
21 16
22 17
23 18
24 19
25 20
26 21
27 22
28 23
29 24
30 25
31 26
32 27
33 28
34 29
35 30
36 31
37 32
38 33
39 34
40 35
41 38.75
42 42.5
43 46.25
44 50
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- 25 - ORDINANCE NO. 3762-C.S.

EFFECTIVE DATE: May 11, 2023
10-8.805. Transitional Foster Youth, Disabled Veterans, or Homeless Persons. If ten (10) percent of the total dwelling units of a housing development are reserved for any of the following groups: (1) transitional foster youth, as defined in Section 66025.9 of the Education Code; (2) disabled veterans, as defined in Section 18541of the Government Code; or (3) homeless persons, as defined in the Federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.), the project shall receive a density bonus equal to twenty (20) percent of the number of units reserved for those groups, provided the following requirements are met:
(a) The units shall be subject to a recorded affordability restriction of fifty-five (55) years; and,
(b) The units shall be provided at the same affordability level as very low-income units. 10-8.806. Student Housing Developments. If twenty (20) percent of the total units in a student housing development are reserved for lower income students, the density bonus awarded shall be thirty-five (35) percent of the total number of student housing units, if the student housing development meets all of the following requirements:
(a) The applicable twenty (20) percent units will be used for lower income students. (b) The rent provided in the applicable units of the development for lower income students shall be calculated at thirty (30) percent of sixty-five (65) percent of the area median income for a single room occupancy unit type.
(c) All units in the development shall be used exclusively for undergraduate, graduate, or professional students enrolled full time at an institution of higher education accredited by the Western Association of Schools and Colleges or the Accrediting Commission for Community and Junior Colleges.
(1) In order to be eligible under this section, the developer shall, as a condition of receiving a certificate of occupancy, provide evidence to the city that the developer has entered into an operating agreement or master lease with one or more institutions of higher education for the institution(s) to occupy all units of the student housing development with students from that institution or institutions.
(2) An operating agreement or master lease entered into pursuant to this subclause is not violated or breached if, in any subsequent year, there are not sufficient students enrolled in the institution of higher education to fill all of the units in the student housing development.
(d) The development provides priority for the applicable affordable units for lower income students experiencing homelessness. A homeless service provider, as defined in paragraph (3) of subdivision (e) of Section 103577 of the Health and Safety Code, or institution of higher education that has knowledge of a person’s homeless status may verify a person’s status as homeless for purposes of this section. #9..
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EFFECTIVE DATE: May 11, 2023
(e) For purposes of calculating a density bonus granted pursuant to this section, the term “unit” means one rental bed and its pro rata share of associated common area facilities. (f) The units described in this section shall be subject to a recorded affordability restriction of fifty-five (55) years.
10-8.807. Lower Income Units. If one-hundred (100) percent of all the units in a housing development, including total units and density bonus units, but exclusive of a manager’s unit(s) are set aside for lower income households, as defined by Section 50079.5 of the Health and Safety Code; except that up to twenty (20) percent of the units in the development may be for moderate-income households, as defined in Section 50053 of the Health and Safety Code, then the following shall apply:
(a) Except as otherwise provided in clause (b), below, the density bonus shall be 80 percent of the number of units for lower income households.
(b) If the housing development is located within one-half mile of a major transit stop, the city shall not impose any maximum controls on density.
(c) If the housing development is located in a very low vehicle travel area, the City shall not impose any maximum controls on density.
(d) For the purposes of this section, “Very low vehicle travel area” means an urbanized area, as designated by the United States Census Bureau, where the existing residential development generates vehicle miles traveled per capita that is below 85 percent of either regional vehicle miles traveled per capita, or city vehicle miles traveled per capita. For purposes of this Section, “area” may include a travel analysis zone, hexagon, or grid. For the purposes of determining “regional vehicle miles traveled per capita” pursuant to this paragraph, a “region” is the entirety of incorporated and unincorporated areas governed by a multicounty or single-county metropolitan planning organization, or the entirety of the incorporated and unincorporated areas of an individual county that is not part of a metropolitan planning organization.
(e) Rents for all units in the development, including both base and density bonus units, shall be as follows:
(1) The rent for at least twenty (20) percent of the units shall be set at an affordable rent, as defined in Section 50053 of the Health and Safety Code. (2) The rent for the remaining units in the development shall be set at an amount consistent with the maximum rent levels for a housing development that receives an allocation of state or federal low-income housing tax credits form the California Tax Credit Allocation Committee.
10-8.808. For Sale Units. An applicant shall agree to ensure, and the city shall ensure, that a forsale unit that qualified the applicant for the award of a density bonus meets either of the following conditions:
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EFFECTIVE DATE: May 11, 2023
(a) The unit is initially occupied by a person or family of very low, low, or moderate income, as required, and it is offered at an affordable housing cost, as that cost is defined in Section 50052.5 of the Health and Safety Code and is subject to an equity sharing agreement; or
(b) The unit is purchased by a qualified nonprofit housing corporation pursuant to a recorded contract that satisfies all of the requirements specified in paragraph ten (10) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code and that includes all of the following:
(1) A repurchase option that requires a subsequent purchaser of the property that desires to resell or convey the property to offer the qualified nonprofit corporation the right to repurchase the property prior to selling or conveying that property to any other purchaser.
(2) An equity sharing agreement.
(3) Affordability restrictions on the sale and conveyance of the property that ensure that the property will be preserved for lower income housing for at least forty-five (45) years for owner-occupied housing units and will be sold or resold only to persons or families of very low, low, or moderate income as defined in Section 50052.5 of the Health and Safety Code. (c) For purposes of this section, a “qualified nonprofit housing corporation” is a nonprofit housing corporation organized pursuant to Section 501 (c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special no-interest loan program.
10-8.809. Equity Sharing Agreements. The city shall enforce an equity sharing agreement required pursuant to Section 10-8.808, unless it is in conflict with the requirements of another public funding source or law. The following shall apply to the equity sharing agreement:
(a) Upon resale, the seller of the units shall retain the value of any improvements, the down payment, and the seller’s proportionate share of appreciation. (b) Except as provided in clause (c), below, the local government shall recapture any initial subsidy, as defined in clause (iii), and its proportionate share of appreciation, as defined in clause (d), below, which amount shall be used within five (5) years for any of the purposes described in subdivision (e) of Section 33334.2 of the Health and Safety Code that promote home ownership.
(c) For purposes of this subdivision, the local government’s initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the moderate-income household, plus the amount of any down payment assistance or #9..
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EFFECTIVE DATE: May 11, 2023
mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of resale shall be used as the initial market value. (d) For purposes of this subdivision, the local government’s proportionate share of appreciation shall be equal to the ratio of the local government’s initial subsidy to the fair market value of the home at the time of initial sale.
(e) If the unit is purchased ore developed by a qualified nonprofit housing corporation pursuant to Section 10-8.808 (b) the local government may enter into a contract with the qualified nonprofit housing corporation under which the qualified nonprofit housing corporation would recapture any initial subsidy and its proportionate share of appreciation if the qualified nonprofit housing corporation is required to use one-hundred (100) percent of the proceeds to promote homeownership for lower income households as defined by Health and Safety Code Section 50079.5 within the jurisdiction of the local government.

SECTION 5. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). This ordinance is Statutorily Exempt from CEQA pursuant to Section 15282 (h) of the State CEQA Guidelines that exempts the adoption of an ordinance regarding second units in a single-family or multi-family residential zone by a city or county to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code; and the proposed amendments that address state density bonus law is not a project that would have a significant effect on the environment, therefore it is not subject to CEQA pursuant to Section 15061 (b)(3) of the State CEQA Guidelines, the “commonsense exemption,” which reasons that CEQA applies only to projects, which have the potential for causing a significant effect on the environment.

SECTION 6. EFFECTIVE DATE. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.

SECTION 7. PUBLICATION. At least two (2) days prior to its final adoption, copies of this ordinance shall be posted in at least three (3) prominent and distinct locations in the City; and a notice shall be published once in The Modesto Bee, the official newspaper of the City of #9..
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EFFECTIVE DATE: May 11, 2023
Modesto, setting forth the title of this ordinance, the date of its introduction and the places where this ordinance is posted.
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- 30 - ORDINANCE NO. 3762-C.S.

EFFECTIVE DATE: May 11, 2023
The foregoing Ordinance was introduced at a regular meeting of the Council of the City of Modesto held on the 4th day of April, 2023, by Councilmember Ricci, who moved its introduction and passage to print, which motion being duly seconded by Councilmember Alvarez, was upon roll call carried and ordered printed and published by the following vote:

AYES: Councilmembers: Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED: _____________________________
SUE ZWAHLEN, Mayor
ATTEST:

By: _________________________________
DIANE NAYERES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:

By: _________________________________
JOSE M. SANCHEZ, City Attorney
APPROVED AS TO DESCRIPTION:

By:

Community & Economic Development
Department, Planning Division
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EFFECTIVE DATE: May 11, 2023

FINAL ADOPTION CLAUSE
The foregoing ordinance, having been published as required by the Charter of the City of Modesto, and coming on for final consideration at the regular meeting of the Council of the City of Modesto held on the 11th day of April, Councilmember ?? moved its final adoption, which motion being duly seconded by Councilmember ??, was upon roll call carried and the ordinance adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED: ________________________

SUE ZWAHLEN, MAYOR
ATTEST: ___________________________________
DIANE NAYARES-PEREZ, City Clerk
Effective Date: May 11, 2023
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CITY OF MODESTO
ORDINANCE NO. 3762-C.S.

The following Ordinance was introduced by the City Council of the City of Modesto at the meeting of April 4, 2023:

AN ORDINANCE AMENDING SECTION 10-4.102 OF TITLE 10, CHAPTER 4 (DEVELOPMENT STANDARDS), ARTICLE 1 (RESIDENTIAL ZONES); REPEALING SECTION 10-4.115 AND SECTION 10-4.116 OF TITLE 10, CHAPTER 4 (DEVELOPMENT STANDARDS), ARTICLE 1 (RESIDENTIAL ZONES); ADDING ARTICLE 5 REGARDING ACCESSORY DWELLING UNITS TO TITLE 10, CHAPTER 4 (DEVELOPMENT STANDARDS); AND REPEALING AND REPLACING CHAPTER 8 OF TITLE 10 REGARDING DENSITY BONUS AND AFFORDABLE

HOUSING
Copies of the above-mentioned ordinance are posted at the following locations:
 Tenth Street Place, 1010 10th Street
 Maddux Youth Center, 615 Sierra Drive
 Senior Citizen Center, 211 Bodem Street
Diane Nayares-Perez
City Clerk
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

April 11, 2023
Date: March 22, 2023
TO: Mayor and City Council
FROM: Joseph P. Lopez, City Manager
SUBJECT: Fiscal Year 2022-23 General Fund Mid-Year Update Report CONTACT: Steve Christensen, Budget Manager, [email protected] 209-577-5390
DESCRIPTION:

Consider accepting the Informational Fiscal Year 2022-23 General Fund Mid-Year Update Report and approving the recommended budget adjustments to the major General Fund Revenues and Expenditures in the Fiscal Year 2022-23 Annual Operating Budget. (Funding Source: General Fund)
STRATEGIC PLAN ELEMENT:

This item supports the City of Modesto 2020-2025 Strategic Plan focus on Governance and Service Delivery under Goal H: Achieve Financial Sustainability.

BACKGROUND:

Periodically, the Budget Division presents updates to the Finance Committee and Council on the status of the General Fund, including recommended adjustments to the Annual Operating, Capital Improvement and Multi-year Project budgets. The purpose of the update is to summarize financial results and to present any recommended adjustments to the Operating Revenue and Expense budgets as needed. In addition, the update will highlight any potential issues, concerns or items of interest.

DISCUSSION:

The attached Fiscal Year 2022-23 General Fund Mid-Year Update report focuses on the performances of the City’s General Fund major revenue sources, as well as the various expenditures across the operating departments. The revenue data gathered through February 28, 2023 begins to show important trends in the revenue and expenditure data which has provided important insight into the projections that are described within the report pertaining to the General Fund’s fiscal year-end.

To date, the General Fund has receipted 55% of the budgeted revenues through February 28, 2023. In terms of total revenues received, this is not uncommon at this point in the fiscal year, because some revenues tend to be delayed in terms of when they are receipted. Sales Tax also #10..
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City Council, April 11, 2023
Fiscal Year 2022-23 General Fund Mid-Year Update Report

falls into this category as it is receipted two months in arrears. This means that the revenue received for the month of February will reflect actual sales tax receipts for the month of December 2022. In terms of the overall percentages shown in the attached report, this lag time contributes to some of the delay in revenues being receipted.

When compared to the total amount expended as a percentage, overall expenditures show that the City departments are slightly behind in their expenditure budgets. Additionally, the General Fund has expended 64% of the total expense budget. This is slightly lower than the expected amount of 67% for this point in the fiscal year. However, there are contributing factors associated with the 3% difference as indicated. The primary reason for the variance is caused by vacant positions resulting in salary savings across several General Fund departments:

Community Economic Development Department, Police Department, and Parks, Recreation and Neighborhoods Department.

FISCAL IMPACT:

This item contains multiple recommendations from staff to increase major General Fund revenue categories to correspond with the estimated projections for the fiscal year-end. The recommended revenue increases/decreases are as follows:

Account - Description Current Budget
Increase/
(Decrease) Revised Amount Category
41101 - Property Taxes - CY Secured Taxes $ 18,638,758 $ 385,000 $ 19,023,758 Property Tax - Property 42157 - Intergov - State - VLF Swap Adjustment $ 20,149,001 $ 650,000 $ 20,799,001 Property Tax - VLF Swap 41201 - Sales and Use Taxes $ 39,270,902 $ 1,890,000 $ 41,160,902 Sales Tax 41406 - Business License - Cannabis Tax $ 5,000,000 $(1,250,000) $ 3,750,000 Cannabis Tax 41204 - Transient Occupancy Tax $ 3,338,441 $ 240,000 $ 3,578,441 Transient Occupancy Tax 41402 - Business License Tax - Mill Tax $ 12,599,354 $ 1,400,000 $ 13,999,354 Business License/Mill Tax Grand Totals $ 98,996,456 $ 3,315,000 $ 102,311,456
The total recommended increases/decreases across the major General Fund revenues totals $3,315,000 for Fiscal Year 2022-23 and are explained in more detail in the Fiscal Year 2022-23 Mid-Year General Fund Update report.

No increases/decreases are being recommended for General Fund expenditure budgets at this time. However, staff will continue to monitor the General Fund expenditure budgets and will return any changes of note to Council via the monthly budget adjustment process.

COMMITTEE RECOMMENDATION:

This item was presented to the Finance Committee on March 20, 2023 and was recommended to be forwarded to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution accepting the Informational Fiscal Year 2022-23 General Fund Mid-Year Update Report and approving the recommended budget adjustments to the major General Fund Revenues and Expenditures in the Fiscal Year 2022-23 Annual Operating Budget.

Approved by:

Joseph P. Lopez, City Manager
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City Council, April 11, 2023
Fiscal Year 2022-23 General Fund Mid-Year Update Report

Attachments:

1. Resolution

2. Fiscal Year 2022-23 General Fund Mid-Year Update Report #10..
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1 MODESTO CITY COUNCIL
RESOLUTION NO. 2023-

RESOLUTION ACCEPTING THE INFORMATIONAL FISCAL YEAR
2022-23 GENERAL FUND MID-YEAR UPDATE REPORT AND

APPROVING THE RECOMMENDED BUDGET ADJUSTMENTS TO

THE MAJOR GENERAL FUND REVENUES AND EXPENDITURES IN
THE FISCAL YEAR 2022-23 ANNUAL OPERATING BUDGET
WHEREAS, periodically the Budget Division presents updates to the Finance Committee and Council on the status of the General Fund, included adjustments to the Annual Operating, Capital Improvement, and Multi-year Project budgets, and WHEREAS, the Fiscal Year 2022-23 General Fund Mid-Year Update Report focuses on the performances of the City’s General Fund major revenue sources, as well as the various expenditures across the operating departments, and
WHEREAS, revenue data gathered through February 28, 2023 shows that the City has receipted 58% of the budgeted revenues and overall expenditures have only expended 64% of their total budgets in the General Fund, and
WHEREAS, staff has made multiple recommendations for revenue increases due to the strength of incoming receipts for revenues such as Sales Tax, Property Tax, Business License/Mill Tax, and Transient Occupancy Tax as shown in the chart below:

Account - Description Current Budget
Increase/
(Decrease) Revised Amount Category
41101 - Property Taxes - CY Secured Taxes $ 18,638,758 $ 385,000 $ 19,023,758 Property Tax - Property 42157 - Intergov - State - VLF Swap Adjustment $ 20,149,001 $ 650,000 $ 20,799,001 Property Tax - VLF Swap 41201 - Sales and Use Taxes $ 39,270,902 $ 1,890,000 $ 41,160,902 Sales Tax 41406 - Business License - Cannabis Tax $ 5,000,000 $(1,250,000) $ 3,750,000 Cannabis Tax 41204 - Transient Occupancy Tax $ 3,338,441 $ 240,000 $ 3,578,441 Transient Occupancy Tax 41402 - Business License Tax - Mill Tax $ 12,599,354 $ 1,400,000 $ 13,999,354 Business License/Mill Tax Grand Totals $ 98,996,456 $ 3,315,000 $ 102,311,456
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby accepts the informational Fiscal Year 2022-23 General Fund Mid-Year Update Report and approves the recommended budget adjustments to the major General Fund revenues and expenditures, as noted above and in the report, in the Fiscal Year 2022-23 Annual Operating #10..
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2 Budget.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 11th day of April 2023, by Councilmember _________, who moved its adoption, which motion being duly seconded by Councilmember ______, was upon roll call carried and the resolution adopted by the following votes:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: ________________________________

DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: _____________________________________
JOSE M. SANCHEZ, City Attorney
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FISCAL YEAR 2022-23

MID-YEAR GENERAL FUND
UPDATE REPORT:

The Mid-Year General Fund Update Report is created by the Budget Division through the direction of the City Manager to provide a General update concerning the health of the City’s General Fund as well as any adjustments to its revenues and/or expenditures. Information contained within this report seeks to provide data on the performance of the General Fund as the revenues are collected and the expenditures continue on through February of the current fiscal year.

Please note that the expenditures and revenues reported herein are through February 28, 2023 and may not reflect final figures for the month of February.

Created by the
Budget Division
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Fiscal Year 2022-23 General Fund Mid-Year Update
1 | P a g e
General Fund Revenues
(Overview)
#10..
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Fiscal Year 2022-23 General Fund Mid-Year Update
2 | P a g e
eneral Fund revenues are classified into three categories: tax revenues, fee revenues, and other departmental revenues. Through February 28th, 2023, the total General Fund revenues receipted are $95.5 million or approximately 55% of the total budgeted revenues for Fiscal Year 2022-23. This is representative of the normal rate of receipts at this time of the year for the General Fund. The main reason for the lag in terms of the percent received at this point in the fiscal year is due to the two months that the receipt of sales tax runs behind in terms of receipt of revenues as well as the timing of some of the large payments related to Franchise Fees and the sharper increase in Construction revenues that is typically seen in the spring months.

The revenues received to date are spread across all three major revenue types and are broken down further in the chart below:

Category Current Budget Actuals (as of Feb 28, 2023) Amount Outstanding % Received to Date Tax Revenues:

Property Tax - Property $ 20,644,000 $ 12,149,194 $ 8,494,806 59% Property Tax - VLF Swap $ 20,149,001 $ 10,402,622 $ 9,746,380 52% Sales Tax $ 39,270,902 $ 16,687,825 $ 22,583,077 42%
Utility Users Tax $ 20,950,000 $ 11,278,436 $ 9,671,564 54% Transient Occupancy Tax $ 3,338,441 $ 2,007,312 $ 1,331,129 60% Business License/Mill Tax $ 14,250,000 $ 8,757,864 $ 5,492,136 61% Cannabis Tax $ 5,000,000 $ 1,816,918 $ 3,183,082 36%
Total Tax Revenues $ 123,602,344 $ 63,100,171 $ 60,502,173 51% Fee Revenues:

Franchise Fees $ 5,333,800 $ 2,569,247 $ 2,764,553 48%
Motor Vehicle Fees $ 380,000 $ 91,669 $ 288,331 24%
Construction Revenues $ 2,791,770 $ 1,686,239 $ 1,105,531 60% Total Fee Revenues $ 8,505,570 $ 4,347,154 $ 4,158,416 51% Other Revenues:

Departmental Revenues $ 37,935,682 $ 28,026,689 $ 9,908,993 74% American Rescue Plan Act Funds $ 4,500,000 $ -
Transfers In $ 628,640 $ - $ 628,640 0%
Total Other Revenues $ 43,064,322 $ 28,026,689 $ 10,537,633 65% Total Revenues $ 175,172,236 $ 95,474,014 $ 75,198,222 55% *Please note that Departmental Revenues category includes an amount of $5.6M in revenue for the Oakdale Fire Contract, $6.9M in revenue for the Ceres Fire Contract, $372k in revenue for Stanislaus Consolidated Fire contract, $352k in revenue for Turlock Fire contract, and $1.7M in revenue for Salida Fire contract which are all used to pay for offsetting expenditures.

Tax Revenues
Tax revenues represent 71% of the total General Fund operating revenue budget at $123.6 million of the total $175.2 million revenue operating budget for Fiscal Year 2022-23. As of February 28, 2023, $63.1 million of the budgeted $123.6 million has been received to date. This represents approximately 51% of the tax revenue budget being received. This is typical for this point-in-time for one main reason. There is a lag in the receipt of sales tax revenues of two months. This means that the sales tax received for the month of February is really for receipts for the month of December, two months prior. Please note that at the time of this report the amount reflected for Sales Tax receipts does not reflect what should have been received. There is an expected payment of $3M+ that has not yet been received for the month and would bring the totals up to above $20M for the point in time once received.

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Fee Revenues
Fee Revenues represent 5% of the total General Fund operating revenue budget at $8.5 million of the total $175.2 million revenue operating budget for Fiscal Year 2022-23. Many of the fee revenues are generated from Franchise Fees which are collected as “rent” paid for the use of public right of way. These are negotiated costs to allow utility companies (telecommunications, natural gas, garbage, etc.) to access structures like transmission towers, sewage systems, and roads. The City collects approximately $5.3 million in franchise fees annually. Through February 28, 2023, $2.6 million has been collected in this revenue category (48% of the budgeted amount). This amount is on track with what is expected for this time of the year and it is expected that there are some larger Franchise Fee payments that are still outstanding from areas related to the Cable Franchise Fees (which come in May, and June) and the PG&E Franchise Fee (which is receipted in April).

Construction Revenues
Construction revenues are a sub-category of Fee Revenues and include all revenues collected in the Building Safety Division and the Planning Division in the Community and Economic Development Department (CEDD). These revenues represent approximately 1.6% of the total budgeted General Fund operating revenues for Fiscal Year 2022-23. They are budgeted at $2.8 million as of February 28, 2023.

Construction revenues received through February 28, 2023, are at approximately 60% of the budgeted amount. This is trending at about the same level from the amounts collected in the previous fiscal year. This is positive news as strong construction revenues mean that there is continued activity in the building industry in the area. This is especially important as the City continues to emerge from of the economic downturn of the COVID-19 pandemic.

Other Revenues
Other Revenues represent 24% of the total General Fund operating revenue budget at $43.1 million of the total $175.2 million revenue operating budget for Fiscal Year 2022-23.

Other revenues include any revenue source that is received by departments and is not included in the tax or fee revenues categories as well as transfers into the General Fund from other funds.

These revenues are accounted for under the generating department and include a wide range of revenue sources such as direct charge revenue (all departments), fire inspection fees (Fire), league and facility rental fees (Parks, Recreation & Neighborhoods), and the McHenry Tax Sharing Agreement revenues (Non-Departmental).
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General Fund Revenues
(Analysis)
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Property Tax Revenues Analysis
As of February 28, 2023, the first payment has been received in one of the sub-categories that makes up the property tax revenues, Property Tax – Property. The first payment for the second sub-category, Property Tax – Vehicle License Fee (VLF) Swap has also been received. These two payments are significant indicators of how the property tax revenues for the entire fiscal year will finish for the year. With both of these payments receipted a clearer picture can start to be made for this major tax revenue category for Fiscal Year 2022-23.

Property Tax – Property
In Fiscal Year 2022-23, the first installment of property tax was received in February in the amount of $10.4 million. This first payment is receipted under current year secured property taxes and is the bulk of the property tax revenue that is received. Other revenues that fall under Property Tax – Property include, current year unsecured, delinquent, delinquent unsecured, supplemental roll, and Redevelopment Property Tax Trust Fund (RPTTF) allocation. These revenue accounts make up the total amounts that sum up to the total Property Tax – Property amount received by the City.

With the first payment received, estimates for fiscal year-end 2022-23 show that the amounts for this revenue category are on track. Year-end estimates show that a total of $21.03 million is expected to be received based off the $10.4 million first payment which is higher than the current budgeted amount for Property Tax – Property. With this in mind, it will be recommended to adjust this revenue up by approximately $385 thousand for Fiscal Year 2022-23.

Staff is recommending an increase to this category of revenue in the amount of $385,000 for Fiscal Year 2022-23.

Property Tax – VLF Swap
Property Tax – VLF Swap is the second portion of the revenues that makes up the total Property Tax category for the City. This revenue source came into effect with the passing of the State of California Budget in 2004 by then Governor Schwarzenegger. The budget included a swap of city and county vehicle license fee revenues for additional property tax share. These additional VLF backfill funds, which equate to a dollar-for-dollar like amount of property taxes, also increase annually in proportion to the growth in assessed valuation in the local jurisdictions.

The first Property Tax – VLF Swap payment for the City has been received in the amount of $10.4 million. The amount received in the first payment, is usually around 50% of the total payment that will be received for the year. With the Property Tax – Property revenue coming in higher than anticipated, staff recommends increasing this revenue by an amount of $650 thousand for the fiscal year.

Staff is recommending an increase to this category of revenue in the amount of $650,000 for Fiscal Year 2022-23.
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Property Tax Charts:

Annual Property Tax
Annual Property Tax – Property
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Annual Property Tax – VLF – Swap
The preceding property tax charts show the trends that have been occurring since fiscal year 2015.

There has been a steady growth in both the Property Tax and VLF swap categories of this revenue source. At this point, the growth is expected to continue as the housing market remains strong.

This revenue source will continue to be monitored as there is still an outstanding unknown as to what the long-term effect of the pandemic will be on the housing market in terms of possible foreclosures as well as any future rise to mortgage rates with looming talks of rising inflation and potential economic downturns.
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Sales Tax Revenues Analysis
As of February 28, 2023, Sales Tax revenues received to date are approximately $16.7 million. This represents 52% of the total Sales Tax budgeted for the fiscal year ($39.3 million). Sales Tax is received by the City on a monthly basis but is receipted with a two-month lag time, meaning that the receipts received in any particular month are for the actual sales tax receipts two months prior.

For example, sales tax revenues accounted for in the month of February are for actual sales tax receipts made in the month of December (two months prior). This continuous two-month lag time is something that is closely monitored by Budget Division staff as estimates are created for fiscal year-end.

Sales Tax categories that have been increasing in the last few quarters in Fiscal Year 2022-23 have been in the industries of food products, construction and transportation (which includes service stations). Certain sub-categories within the larger areas of industries have also seen growth in the third quarter of 2022 (covering the months of July through September). These areas included department stores, restaurants, food market, auto parts/repairs and service stations.

Countywide Pool Sales Tax
The City continues to receive a significant portion of the County Pool related to the “origin sourcing” portion of sales tax. “Origin sourcing” is a sales tax practice under which sales tax for purchases of goods that are shipped to purchasers are generally sourced to the business location of the retailer where the sale originates.

Under current California Board of Equalization (BOE) regulations, a substantial portion of local use tax collections are allocated through a countywide pool to local jurisdictions, like Modesto, where the purchased property is put to its first functional use. Under the pool system, the tax is reported by the taxpayer to the countywide pool of use and then distributed to each jurisdiction in that county on a pro-rata share of taxable sales. If there is a situation where a county of use cannot be determined, then the allocation goes to the state pool for pro-rata distribution on a statewide basis.

The City of Modesto consistently receives anywhere between 32% to 38% of the allocation of the countywide pool described above. This share of sales tax can represent anywhere between $950 thousand to $1.8 million on a quarterly basis. These amounts contribute to the total sales tax figures that are shown in the annual figures reported by the City.

At this time current year-end projections are showing stronger sales tax figures than what was initially budgeted for the fiscal year when the budget was adopted. When the initial estimates for the current year were made, they were done some uncertainty about the economy as it emerged from the COVID-19 pandemic. The City has, fortunately so far, seen little impact to sales tax figures as we move out of the pandemic economically in terms of the receipts for revenues and this has caused a revised estimate to be made for Fiscal Year 2022-23. Strong sales in certain industries mentioned above continue to bolster the sales tax receipts being seen in the City.

Staff is recommending an increase of $1,890,000 for this category for Fiscal Year 2022-23. #10..
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Sales Tax Charts
Annual Sales Tax Chart
Quarterly Sales Tax Chart
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Cannabis Tax Revenue Analysis
Cannabis Tax is the newest form of tax revenue that the City has been receiving. As this begins to be a normalized source of revenue we are now beginning to see some annualized trends in the revenues each fiscal year. When the revenue began to be receipted back in the latter half of fiscal year 2018-19, it started slowly as there were not the full amount of Council approved dispensaries up and running at the time. Over the next six to eight months the dispensaries began to gain steam and permitted dispensaries became fully operational. Revenues began to increase steadily over the next fiscal year and a half and steadily rose to a consistent $400k+ per month in receipted revenues per month to the City. Since that time, cannabis revenues have dropped to an average of $227k per month in Fiscal Year 2022-23.

As of February 28, 2023, $1.8 million in Cannabis Tax revenue have been received for Fiscal Year 2022-23. This is approximately 36% of the budgeted amount of $5 million. Currently, the Budget Division is recommending a decrease in this revenue category. The revenues have experienced downward trends the entirety of Fiscal Year 2022-23 and have not shown the usual increases that have been seen in prior fiscal years. Some of this could be caused by recent trends overall in California with the illegal market for cannabis impacting legal sales, low wholesale prices for dispensaries, and limited number of dispensaries. Staff will continue to monitor this revenue category will evaluate the amount projected for Fiscal Year 2023-24.

Staff is recommending a decrease in the amount of $1,250,000 to this category of revenue for Fiscal Year 2022-23.
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Cannabis Tax Revenue Charts
Monthly Cannabis Tax Revenues
Annual Cannabis Tax Revenues
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The preceding charts show the trends for Cannabis Tax revenues and the growth initially seen and then the declines that have been seen since annually. It is expected that Fiscal year 2022-23 will continue to see a decline in revenue for this category from the prior fiscal year but we continue to watch this revenue to see what trends in the market and how additional dispensaries coming online will impact the revenue source.

Other Tax Revenues
Two additional areas that are seeing some positive trends in terms of actuals received to date are Transient Occupancy Tax (TOT) and Business License/Mill Tax. TOT is coming in at a rate that is slightly higher than the previous fiscal year. To date, revenues received for UUT are at 60% of the total budgeted amount of $3.34 million. Revenues are estimated to be slightly higher than the actuals received from the prior fiscal year which requires an increase to this revenue category in the amount of $240,000.

Business License/Mill Tax is tracking at a similar pace to the previous fiscal year as well. To date 61% of the total budgeted revenue of $14.25 million. With Business License/Mill Tax larger total payments are typically received in the months of February and January. January in Fiscal Year 2022-23 had a similar amount that had been seen in the prior fiscal year and this revenue source will continue to be watched closely as the February/March final amounts are receipted. Due to the anticipated large payments of February/March’s receipts and any possible correction for the larger receipts in January combined with the actuals received to date, staff is recommending increasing this revenue category to prior year actual levels. This will increase the revenue for Business License/Mill Tax by $1.4M for Fiscal Year 2022-23.

Staff is recommending an increase to the budgeted revenues for Transient Occupancy Tax in the amount of $240,000 and for Business License/Mill Tax in the amount of $1,400,000 for Fiscal Year 2022-23.

Departmental Revenue Analysis
Departmental revenues are coming in slightly lower than anticipated at this time but it will be an area that we continue to monitor. There are not any major areas of concern at this time and we continue to see strong revenues in areas like the McHenry Tax Sharing agreement. If anything changes in this category, the Budget Division will bring an item through the monthly budget adjustment process and be sure to update Council on any changes in these categories.

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Summary of Recommended Revenue Changes
Category Current Budget
Recommended Increase/
(Decrease) Revised Amount
Property Tax - Property $ 20,644,000 $ 385,000 $ 21,029,000 Property Tax - VLF Swap $ 20,149,001 $ 650,000 $ 20,799,001 Sales Tax $ 39,270,902 $ 1,890,000 $ 41,160,902
Cannabis Tax $ 5,000,000 $ (1,250,000) $ 3,750,000
Transient Occupancy Tax $ 3,338,441 $ 240,000 $ 3,578,441 Business License/Mill Tax $ 14,250,000 $ 1,400,000 $ 15,650,000 Grand Totals $ 102,652,344 $ 3,315,000 $ 105,967,344
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General Fund Expenditures
(Analysis)
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eneral Fund expenditures make up the total budgets from which departments pay for costs related to one of four expenditure categories. These categories include salary and benefit costs, internal service fund costs, discretionary costs, and transfers out to other funds. In the General Fund, there are 13 Operating Departments and one category for Transfers Out of the General Fund to other funds. The 13 Operating Departments make up a total General Fund operating expenditure budget of $173.6 million with the Transfers Out having a budget of $9.2 million. Including the variance rate of a credit of $6.4M, the total current General Fund operating expenditure budget in Fiscal Year 2022-23 is $176.4 million.

The table below shows the current budget and expenditures through February 28, 2023.

General Fund Department Expenditures
Department Current Budget Actuals (as of Feb 28, 2023) % of Budget Expended Police Department $ (75,285,295) $ (47,082,126) 63%
Fire Department $ (44,664,288) $ (32,779,281) 73%
Oakdale Fire Contract Expense $ (5,532,935) $ (3,702,432) 67% Ceres Fire Contract Expense $ (6,580,123) $ (4,520,771) 69% Stanislaus Consolidated Fire Contract Expense $ (322,000) $ (164,639) 51% Turlock Fire Contract Expense $ (337,478) $ (168,527) 50% Salida Fire Contract Expense $ (1,677,016) $ (383,810) 23% Parks, Recreation, and Neighborhoods $ (16,140,789) $ (8,832,964) 55% Community and Economic Development $ (6,989,692) $ (4,379,152) 63% City Council $ (516,560) $ (339,876) 66%
City Manager's Office $ (3,326,260) $ (2,134,067) 64%
Human Resources $ (1,803,065) $ (1,225,557) 68%
City Attorney's Office $ (1,804,143) $ (946,577) 52%
City Clerk's Office $ (1,448,565) $ (835,015) 58%
Office of the City Auditor $ (485,574) $ (174,339) 36%
Finance Department $ (6,176,892) $ (3,865,835) 63%
Non-Departmental $ (473,400) $ (62,872) 13%
Total Departmental Expenses $ (173,564,076) $ (111,597,840) 64% Transfers Out $ (9,205,696) $ (438,524) 5%
Variance Rate (5%) $ 6,363,679 $ - 0%
Total Department Expenses $ (176,406,093) $ (112,036,365) 64% At the point in time that the expenditure data was collected, one could expect an estimated expenditure rate of approximately 67% (8 months elapsed out of the fiscal year). The chart shows that the overall General Fund expenditures are below this rate at 64% expended. Similar to the overall rate of expenditure last fiscal year, we are seeing salary savings in some of the departments due to vacant positions which are resulting in some of the decreased level of expenditures at this point in time. The rate of expenditure of 64% would be much lower if it was just the salary savings that were factoring in, but there are also increasing in other areas that are bringing up some costs such as the increased cost of goods, and the increased costs of contract services. These competing factors are increasing the level of expenditures at the discretionary level just not at the same rate of the vacancy savings.

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Below is a table that shows the breakdown of the expenditures from each department by appropriation unit category. As reminder the breakdown of expenditure categories is as follows:
 Appr Unit A – Salaries and Benefits
 Appr Unit AA – Intrafund Labor
 Appr Unit B – Internal Service Fund Charges
 Appr Unit C – Discretionary Charges
 Appr Unit D – Transfers Out
Department Current Budget
Actuals (as of
February 28, 2023)
Amount
Available % Expended
City Attorney's Office
Salaries and Benefits (Appr Unit A) $ 634,124 $ 418,948 $ 215,176 66% ISF Charges (Appr Unit B) $ 142,089 $ 93,337 $ 48,752 66% Discretionary Charges (Appr Unit C) $ 1,027,930 $ 434,292 $ 593,637 42% City Attorney's Office Total $ 1,804,143 $ 946,577 $ 857,565 52% City Clerk's Office
Salaries and Benefits (Appr Unit A) $ 535,245 $ 301,604 $ 233,641 56% ISF Charges (Appr Unit B) $ 53,821 $ 35,586 $ 18,235 66% Discretionary Charges (Appr Unit C) $ 859,499 $ 497,825 $ 361,674 58% City Clerk's Office Total $ 1,448,565 $ 835,015 $ 613,550 58% City Council
Salaries and Benefits (Appr Unit A) $ 331,757 $ 216,040 $ 115,717 65% ISF Charges (Appr Unit B) $ 136,235 $ 90,195 $ 46,040 66% Discretionary Charges (Appr Unit C) $ 48,568 $ 33,641 $ 14,926 69% City Council Total $ 516,560 $ 339,876 $ 176,683 66%
City Manager's Office
Salaries and Benefits (Appr Unit A) $ 2,550,902 $ 1,647,524 $ 903,378 65% Intrafund Labor (Appr Unit AA) $ - $ (280) $ 280 N/A
ISF Charges (Appr Unit B) $ 209,900 $ 138,790 $ 71,110 66% Discretionary Charges (Appr Unit C) $ 565,458 $ 348,033 $ 217,426 62% City Manager's Office Total $ 3,326,260 $ 2,134,067 $ 1,192,193 64% Community & Economic Development
Salaries and Benefits (Appr Unit A) $ 5,018,667 $ 3,081,775 $ 1,936,892 61% Intrafund Labor (Appr Unit AA) $ (199,353) $ (152,616) $ (46,737) 77% ISF Charges (Appr Unit B) $ 1,131,817 $ 751,300 $ 380,517 66% Discretionary Charges (Appr Unit C) $ 1,038,561 $ 698,693 $ 339,868 67% Community & Economic Development Total $ 6,989,692 $ 4,379,152 $ 2,610,540 63% Finance Department
Salaries and Benefits (Appr Unit A) $ 4,242,187 $ 2,692,232 $ 1,549,955 63% Intrafund Labor (Appr Unit AA) $ (55,660) $ (41,124) $ (14,536) 74% ISF Charges (Appr Unit B) $ 514,008 $ 340,151 $ 173,857 66% Discretionary Charges (Appr Unit C) $ 1,476,357 $ 874,577 $ 601,780 59% Finance Department Total $ 6,176,892 $ 3,865,835 $ 2,311,057 63% Fire Department
Salaries and Benefits (Appr Unit A) $ 38,494,545 $ 28,311,109 $ 10,183,436 74% ISF Charges (Appr Unit B) $ 1,413,903 $ 941,888 $ 472,015 67% Discretionary Charges (Appr Unit C) $ 4,755,840 $ 3,526,284 $ 1,229,556 74% Fire Department Total $ 44,664,288 $ 32,779,281 $ 11,885,007 73% #10..
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Fire Department - Ceres
Salaries and Benefits (Appr Unit A) $ 6,065,599 $ 4,168,295 $ 1,897,304 69% ISF Charges (Appr Unit B) $ 234,428 $ 156,285 $ 78,143 67% Discretionary Charges (Appr Unit C) $ 280,096 $ 196,191 $ 83,905 70% Fire Department - Ceres Total $ 6,580,123 $ 4,520,771 $ 2,059,352 69% Fire Department - Oakdale
Salaries and Benefits (Appr Unit A) $ 4,966,043 $ 3,338,818 $ 1,627,225 67% ISF Charges (Appr Unit B) $ 175,057 $ 116,705 $ 58,352 67% Discretionary Charges (Appr Unit C) $ 391,835 $ 246,909 $ 144,926 63% Fire Department - Oakdale Total $ 5,532,935 $ 3,702,432 $ 1,830,504 67% Fire Department - Salida
Salaries and Benefits (Appr Unit A) $ 1,499,716 $ 375,641 $ 1,124,075 25% ISF Charges (Appr Unit B) $ 60,000 $ - $ 60,000 0%
Discretionary Charges (Appr Unit C) $ 117,300 $ 8,170 $ 109,130 7% Fire Department - Salida Total $ 1,677,016 $ 383,810 $ 1,293,206 23% Fire Department - Stanislaus Consolidated
Salaries and Benefits (Appr Unit A) $ 322,000 $ 164,229 $ 157,771 51% Discretionary Charges (Appr Unit C) $ - $ 410 $ (410) N/A Fire Department - Stanislaus Consolidated Total $ 322,000 $ 164,639 $ 157,361 51% Fire Department - Turlock
Salaries and Benefits (Appr Unit A) $ 337,478 $ 167,406 $ 170,072 50% Discretionary Charges (Appr Unit C) $ - $ 1,121 $ (1,121) N/A Fire Department - Turlock Total $ 337,478 $ 168,527 $ 168,951 50% Human Resources
Salaries and Benefits (Appr Unit A) $ 1,553,755 $ 1,084,330 $ 469,425 70% ISF Charges (Appr Unit B) $ 188,724 $ 124,581 $ 64,143 66% Discretionary Charges (Appr Unit C) $ 60,586 $ 16,646 $ 43,940 27% Human Resources Total $ 1,803,065 $ 1,225,557 $ 577,508 68% Non-Departmental
Discretionary Charges (Appr Unit C) $ 473,400 $ 62,872 $ 410,528 13% Non-Departmental Total $ 473,400 $ 62,872 $ 410,528 13% Office of the City Auditor
Salaries and Benefits (Appr Unit A) $ 340,910 $ 69,071 $ 271,839 20% ISF Charges (Appr Unit B) $ 23,679 $ 15,669 $ 8,010 66% Discretionary Charges (Appr Unit C) $ 120,985 $ 89,599 $ 31,386 74% Office of the City Auditor Total $ 485,574 $ 174,339 $ 311,235 36% Parks, Recreation & Neighborhoods
Salaries and Benefits (Appr Unit A) $ 8,079,889 $ 4,323,961 $ 3,755,928 54% Intrafund Labor (Appr Unit AA) $ (479,389) $ (324,782) $ (154,607) 68% ISF Charges (Appr Unit B) $ 1,638,394 $ 1,090,567 $ 547,827 67% Discretionary Charges (Appr Unit C) $ 6,829,895 $ 3,743,166 $ 3,086,730 55% Transfers Out $ 72,000 $ - $ 72,000 0%
Parks, Recreation & Neighborhoods Total $ 16,140,789 $ 8,832,912 $ 7,307,877 55% Police Department
Salaries and Benefits (Appr Unit A) $ 59,312,872 $ 36,804,773 $ 22,508,099 62% Intrafund Labor (Appr Unit AA) $ (10,410) $ (189,998) $ 179,588 1825% ISF Charges (Appr Unit B) $ 4,122,107 $ 2,748,071 $ 1,374,036 67% Discretionary Charges (Appr Unit C) $ 11,860,726 $ 7,719,280 $ 4,141,447 65% Police Department Total $ 75,285,295 $ 47,082,126 $ 28,203,170 63% Public Works
Discretionary Charges (Appr Unit C) $ - $ 52 $ (52) N/A Public Works Total $ - $ 52 $ (52) N/A
Transfers Out
Transfers Out $ 9,205,696 $ 438,524 $ 8,767,172 5%
Transfers Out Total $ 9,205,696 $ 438,524 $ 8,767,172 5% Variance Rate
Variance Rate $ (6,363,679) $ - $ (6,363,679) 0%
Variance Rate Total $ (6,363,679) $ - $ (6,363,679) 0%
Grand Total $ 176,406,093 $ 112,036,365 $ 64,369,728 64% #10..
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The main takeaway from the information above is in the area of public safety, specifically related to overtime spending. The pandemic continues to have budgetary impacts on salary and benefit spending as it relates to overtime in public safety, specifically the Fire Department. Overtime costs continue to remain high in these areas. In the Fire Department (inclusive of the Fire Services contracts), overtime was budgeted at $3.4 million for the fiscal year. This amount has been expended beyond the budgeted amount and has reached actual expenditures of $4.56 million with 4 months in the fiscal year remaining. The Police Department has a budget of $2.66 million in overtime and has nearly reached that level with actuals of $2.51 million with 4 months remaining.

Other departments are still being impacted by costs these overtime related issues as well, but public safety is in a unique situation due to staffing requirements.

Another area that has the potential to impact the fiscal year-end are the subsidies that are provided through transfers out to the Centre Plaza, Golf Fund, and the Parking Fund. The Centre Plaza and Parking Fund continue to experience heavy losses in revenues. Due to this, the General Fund has provided subsidies to these funds in past fiscal years. Should the Parking Fund fall into a negative fund balance, which occurred last fiscal year, any subsidy would need to be funded by the General Fund. This will be closely watched by staff as we continue through the current fiscal year.

These revenues and expenditures will continue to be monitored for each of these funds in the next few months for potential impacts on the General Fund and will be reported back to Council with any potential impacts.

Expenditure Conclusions
Overall expenditures are trending slightly lower than would be expected at this time in the fiscal year. This is being driven mainly by salary and benefit savings due to vacant positions that have occurred in the current fiscal year. Overtime spending will continue to be monitored as well as the possibility of increased subsidy needs from the Centre Plaza and Parking Funds.

Staff is recommending no change to department expenditure budgets for Fiscal Year 2022-23 at this time.
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

April 11, 2023
Date: March 15, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Interim Director of Community and Economic Development SUBJECT: Fiscal Year 2023-24 Engineer’s Annual Report for Landscape Maintenance Assessment District No. 1 (Dry Creek Meadows Subdivisions Nos. 1-6) CONTACT: Peter Ibrahim, Infrastructure Financing Program Supervisor [email protected], 209-577-5211
DESCRIPTION:

Consider accepting Fiscal Year 2023-24 Engineer’s Annual Report for Landscape Maintenance Assessment District No. 1 for Dry Creek Meadows Subdivisions Nos. 1-6; Notice of Intention to Levy and Collect Assessments for Landscape Maintenance Assessment District No. 1 for Dry Creek Meadows Subdivisions Nos. 1-6 and setting a Public Hearing on June 27, 2023, to Consider the Fiscal Year 2023-24 Levy and Collection of Assessments Within Landscape Maintenance Assessment District No. 1. (Funding: Landscape Maintenance District No. 1) STRATEGIC PLAN ELEMENT:

The recommended action supports the City of Modesto’s 2020-2025 Strategic Plan, Goal D to provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance and sustainability efforts.

BACKGROUND:

On December 12, 1988, the City formed Landscape Maintenance Assessment District No. 1 (LMAD No. 1). LMAD No. 1 provides funding for the landscape maintenance in the public rightof-way, street medians, and areas adjacent to the concrete block walls in Dry Creek Meadows Subdivisions Nos. 1 through 6. LMAD No. 1 is located east of North McClure Road at the southwest corner of Claus Road and MID Lateral No. 2. A copy of the boundary map is provided as Attachment 2.

LMAD No. 1 was formed in accordance with the Streets and Highways Code Sections 22500 through 22679, more commonly known as the Landscape and Lighting Act of 1972 (the Act).

Section 22620 et. seq. of the Act requires the legislative body (the City Council) to take the following actions prior to August 10th of each year:
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City Council, April 11, 2023
Fiscal Year 2023-24 Engineer’s Annual Report for Landscape Maintenance Assessment District No. 1 (Dry Creek Meadows Subdivisions Nos. 1-6)

1. Adopt a resolution which generally describes any proposed new improvements or any substantial changes in existing improvements and orders the preparation and filing of the Annual Engineer’s Report.

2. Adopt a resolution approving the Engineer’s Annual Report as submitted or as modified by the City Council.

3. Adopt a resolution of intention to levy and collect assessments within LMAD No. 1 for the fiscal year.

4. Conduct a public hearing.

5. Adopt a resolution confirming the diagram and assessment as originally proposed or as changed by the legislative body.

DISCUSSION:

When LMAD No. 1 was formed, no annual escalator was adopted; therefore, the annual assessment for LMAD No. 1 has remained the same since 1996. Staff does not anticipate any new improvements or substantial changes to existing improvements.

Staff recommends the 2023-24 Engineer’s Annual Report for LMAD No. 1 be accepted and filed with the City Clerk, Attachment 3, and that a public hearing be scheduled for June 27, 2023.

FISCAL IMPACT:

In Fiscal Year 2022-23, $19,474 (749 parcels at $26.00 per parcel) was levied within LMAD No. 1 while its projected expenses are $19,192. Expenses include contracted maintenance expenses, utility service charges, and City staff time associated with administration and maintenance. The projected expenses for Fiscal Year 2023-24 are $21,629. The proposed budget for Fiscal Year 2023-24 is based on the revenue that is able to be generated within LMAD No.1 and fund balance.

The Stanislaus County Auditor-Controller’s Office, Property Taxes and Assessments Division, collects a $0.20 fee per assessment and per parcel. This fee is built into the annual assessment being levied for LMAD No. 1.

It is the expectation that all expenses for LMAD No. 1 will be paid by the assessments levied on properties within LMAD No. 1. Costs in excess of the tax levy will be paid from the fund balance.

At such time as the fund balance is depleted, service levels will need to be adjusted unless the property owners approve a Proposition 218 vote to increase the tax levy amount to a level sufficient to maintain or increase service levels.

COMMITTEE RECOMMENDATION:

This item is an annual report and not required to be presented to a Council Committee. #11..
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City Council, April 11, 2023
Fiscal Year 2023-24 Engineer’s Annual Report for Landscape Maintenance Assessment District No. 1 (Dry Creek Meadows Subdivisions Nos. 1-6)

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution accepting Fiscal Year 2023-24 Engineer’s Annual Report for Landscape Maintenance Assessment District No. 1 for Dry Creek Meadows Subdivisions Nos. 1-6; Notice of Intention to Levy and Collect Assessments for Landscape Maintenance Assessment District No. 1 for Dry Creek Meadows Subdivisions Nos. 1-6 and setting a Public Hearing on June 27, 2023 to Consider the Fiscal Year 2023-24 Levy and Collection of Assessments Within Landscape Maintenance Assessment District No. 1.

Approved by:

Jessica Hill, Interim Director of Community
and Economic Development
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. LMAD No. 1 Boundary Map

3. LMAD 1 2023-2024 Engineer’s Annual Report
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4/11/2023/CEDD/PIbrahim/Item # 1 2023-xxx

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-XX
RESOLUTION ACCEPTING FISCAL YEAR 2023-24 ENGINEER’S ANNUAL REPORT FOR LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 1 FOR DRY CREEK MEADOWS SUBDIVISIONS NOS. 1 – 6; NOTICE OF

INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 1 FOR DRY CREEK
MEADOWS SUBDIVISIONS NOS. 1 – 6 AND SETTING A PUBLIC HEARING ON JUNE 27, 2023 TO CONSIDER THE FISCAL YEAR 2023-24 LEVY AND

COLLECTION OF ASSESSMENTS WITHIN LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT NO. 1
WHEREAS Resolution No. 88-935, adopted by the Council of the City of Modesto on December 13, 1988, initiated proceedings for the formation of Landscape Maintenance Assessment District No. 1 for the purpose of administering the maintenance of landscaping in the public right-of-way within the street medians and adjacent to the access control walls in Dry Creek Meadows Subdivisions Nos. 1-6; and WHEREAS, said assessment district was formed in accordance with the Landscape and Lighting Act of 1972, (California Streets and Highways Code Sections 22500 through 22679); and
WHEREAS, Section 22623 of the California Streets and Highways Code requires the City Engineer, the person designated by this Council as Engineer of Work for the Landscape Maintenance Assessment District No. 1, to prepare and file an annual report; and
WHEREAS, the Engineer of Work, has prepared and filed said annual report with the City Clerk; and
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4/11/2023/CEDD/PIbrahim/Item # 2 2023-xxx
WHEREAS, California Streets and Highways Code Section 22623 requires the legislative body (the City Council) to adopt a resolution of intention which shall include the following:
a. Declaration of intention of the legislative body (the City Council) to levy and collect assessments within the assessment district for the fiscal year stated in the annual report.
b. General description of the existing improvements and proposed improvements and any substantial changes proposed to be made in the existing improvements.
c. Reference to the assessment district by its distinctive designation and indication of the general location of the district. d. Reference to said annual report, on file with the City Clerk, for a full and detailed description of the improvements, the boundaries of the assessment district and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the district.
e. Notice of the time, as fixed by the California Streets and Highways Code Section 22625, and the place for hearing by the legislative body (the City Council) on the levy of the proposed assessment.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto hereby accepts the Fiscal Year 2023-24 Engineer’s Annual Report for Landscape #11..
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4/11/2023/CEDD/PIbrahim/Item # 3 2023-xxx
Maintenance Assessment District No. 1 for Dry Creek Meadows Subdivisions Nos. 1 through 6, which is attached hereto and hereinafter incorporated by reference.

BE IT FURTHER RESOLVED, that the City Council hereby finds as follows:

1. The City Council intends to levy and collect assessments within Landscape Maintenance Assessment District No. 1 during the fiscal year 2023-24. The amount of the proposed assessment for 2023-24 is the same as the assessment for fiscal year 2022-23.

2. There are no proposed new improvements or any substantial changes in existing improvements in Landscape Maintenance Assessment District No. 1 and that the existing improvements to be made in said assessment district are generally described as follows:

The City shall provide maintenance of landscaping and any and all improvements required for such maintenance including, but not limited to, landscape irrigation systems in the following locations:
a. Street medians in Creekwood Drive
b. Areas adjacent to the access control walls along Creekwood Drive
c. Areas adjacent to the access control walls along Claus Road

3. Landscape Maintenance Assessment District No. 1 is located in the County of Stanislaus, within the City Limits of the City of Modesto and is more specifically located on the west side of Claus Road, #11..
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4/11/2023/CEDD/PIbrahim/Item # 4 2023-xxx
between Modesto Irrigation District Lateral No. 2 and State Route 132 (Yosemite Boulevard).

4. Said annual report filed with the City Clerk and approved by the Council does provide a full and detailed description of the improvements, the boundaries of the assessment district and any zones therein, and the proposed assessments upon assessable lots and parcels of land within Landscape Maintenance Assessment District No. 1.

5. On Tuesday, the 27th day of June, 2023, at the hour of 5:30 p.m., the City Council will conduct a public hearing on the question of the levy of the proposed annual assessment. The hearing will be held at the meeting place of the City Council located in the Tenth Street Place Chambers located at 1010 10th Street, Modesto, California.

6. The City Clerk is authorized and directed to give the notice of hearing required by the Landscape and Lighting Act of 1972.

7. The levy and collection of assessments as set forth in this resolution are exempt from the procedural and substantive requirements of Proposition 218 pursuant to Article XIII, Section 5(a) of the California Constitution.
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4/11/2023/CEDD/PIbrahim/Item # 5 2023-xxx
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 11th day of April, 2023, by Councilmember _____, who moved its adoption, which motion being duly seconded by Councilmember ______, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers: Name, Name, Name, Name, Name, Name, Mayor Name
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ATTEST: _____________________________
DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ______________________________
JOSE M. SANCHEZ, City Attorney
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CLAUS RD

N MC CLURE RD

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CLAUS RD

WADDELL WY

N MC CLURE RD

CREEKWOOD DR

CODINGTON WY

ARDIA AVE

WICHITA WY

REDFIELD AVE

DRY CREEK DR

MECHALYS WY

GATESVILLE AVE

ELLENBORO AVE

DILLINGHAM AVE

MILBANK DR

LOUISBURG AVE

WILKESBORO AVE

CREEDMOOR AVE

LAURENBURG AVE

BERESFORD DR

SHARPSBURG DR

BALFOUR LN

ASHEBORO LN

HIGHMORE LN

EFFINGHAM LN

LARNED LN

ANSONVILLE LN

CARRBORO LN

MELBOURNE DR

SALINA DR

PARKSTON CT

SPINDALE DR

LEAVENWORTH WY

WILMONT LN

BATTLEBORO CT

CHADBURN CT

GARST RD

EDENTON WY

SCHUYLER WY

PARSONS CT

GOODLAND CT

SUNBURY CT
MID LATERAL NO 2
Assessment District Diagram
Landscape Maintenance Assessment District No. 1
(Dry Creek Meadows Subdivisions No. 1 - 6)
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Feet Date: 1/9/2023
Document Path: K:\Projects\Maintenance\Mxd\landscape-d1-20230109.mxd #11..
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Landscape Maintenance Assessment District No. 1
2023-2024 Engineer’s Annual Report Page 1

TABLE OF CONTENTS

SECTION TITLE
I. History
II. Annual Assessment Review & Summary
III. Financials – Annual Assessment Revenue & Expense Projections IV. Maintenance & Plan Specifications
V. Annual Assessment District Diagram
VI. Annual Assessments List by Parcel & Property Owner
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Landscape Maintenance Assessment District No. 1
2023-2024 Engineer’s Annual Report Page 2

SECTION I HISTORY
On December 12, 1988, Landscape Maintenance Assessment District No. 1 (“LMAD No. 1”) was formed in accordance with the Landscape and Lighting Act of 1972 (California Streets and Highway Code §22500 through §22679) (“the Act”), to administer the maintenance of landscaping in the public right-of-way within the street medians and adjacent to the access control walls in Dry Creek Meadows Subdivisions Nos. 1-6. All costs for the LMAD No. 1 are funded by the annual assessments levied on each property within the district. The Act requires several courses of action on the part of City staff and City Council prior to August 10th of each year.

The Act initially requires the City Council to order, prepare, and file an Engineer’s Annual Report for the City Council. This report is prepared for the purpose of detailing the plans and specifications for the maintenance of work, the estimated costs for landscape maintenance performed by City contractors, utility service charges, City street tree pruning costs, City staff time to administer the maintenance contract, and additional work to be performed by the City Contractor at the request of the City.

LMAD No. 1 is located east of North McClure Road and southwest of MID Lateral #2 and Claus Road. It is comprised of 749 single-family residential lots and three (3) public agency owned parcels. An annual assessment of $26 per single-family residential parcel has remained the same since 1996. The total assessment to be levied for LMAD No. 1 for Fiscal Year 2022-2023 is $19,474.

Upon the City Council’s approval of the Engineer’s Annual Report, the City Council adopts a resolution declaring its intent to levy and collect assessments within LMAD No. 1 for the following fiscal year and schedules a public hearing. This public hearing and proposed resolution levying the proposed assessments is in accordance with the annual assessment procedures.

Finally, in compliance with the Act, the City Council conducts the public hearing and adopts certain resolutions in accordance with the California Streets and Highways Code §22625 through §22641. The City Clerk is required to give the Modesto Bee notice of the public hearing no less than ten (10) days prior to the scheduled hearing date. All interested persons are afforded the opportunity to be heard during the public hearing. Should there be any protests, whether written or oral, the City Council may choose to continue the hearing to a later date and/or may change any part of the Engineer’s Annual Report to address the concerns of the property owner(s). The adopted resolution is then forwarded to the Auditor-Controller of the County of Stanislaus for placement of such charges on the upcoming year’s County Tax Roll. #11..
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SECTION II ANNUAL ASSESSMENT REVIEW AND SUMMARY
A. PARCEL REVIEW

1. Single Family Residential Parcels:

There are 749 single-family residential parcels located within LMAD No. 1.

2. Multi-Family Residential Parcels:

There are no multi-family residential parcels located within LMAD No. 1.

3. Commercial/Industrial Parcels:

There are no commercial or industrial parcels located within LMAD No. 1.

4. Public Agency Parcels:

There are two (2) parcels owned by the City of Modesto (Creekwood Park and the Pedestrian Overcrossing at Claus Road) and one (1) parcel owned by the Empire School District (Bernard Hughes School). According to §22663 of the California Streets and Highways Code, public property owned by any public agency and in use in the performance of a public function shall not be subject to assessment.

B. 2023-2024 ANNUAL ASSESSMENTS
All single-family residential parcels are levied at a flat rate of $26.00 per parcel. Each parcel receives equal benefits from the District. The Stanislaus County AuditorController’s Office, Property Taxes and Assessments Division, collects a $0.20 fee per assessment and per parcel. This fee is built into the annual assessment being levied for LMAD No. 1. The annual assessments levied are calculated by multiplying the total number of parcels by the flat rate.
$ 26.00 Annual assessment per parcel
x 749 Single-family residential parcels
$ 19,474.00 Total annual assessment
C. COMPARISON TO PREVIOUS FISCAL YEAR
The proposed Fiscal Year 2023-2024 annual assessment is the same as the annual assessment for Fiscal Year 2022-2023 of $26.00 per single-family residential parcel. #11..
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SECTION III FINANCIALS – ANNUAL ASSESSMENT REVENUE &

EXPENSE PROJECTIONS
LMAD No. 1 Fund 6480
Estimated
FY 2022-231
Proposed
FY 2023-242
Beginning Fund Balance $ 8,018 $ 8,159
Revenue (Cost Center 80010)
Special Assessments $ 10,519 3 $ 19,324 4
Interest $ 8
Change in FMV $ (149)
Estimated - Special Assessments $ 8,955 5
Total Revenue $ 19,333 $ 19,324
Expenses (Cost Center 80010) Account
Operating Budget
Postage Expenses 52025 $ - $ -
Water Utility Expenses 53043 $ (3,277) $ (4,500)
Repair and Maintenance Services - Landscape 53165 $ (5,410) $ (11,000) Professional Services 53300 $ - $ (1,000)
Legal Services 53450 $ - $ (500)
Services City Forces - Interfund 54500 $ (2,685) $ (4,629) Estimated - Water Utility Expenses 53043 $ (1,223)
Estimated - Repair and Maintenance Services 53165 $ (3,992) Estimated - Professional Services 53300 $ (1,000)
Estimated - Legal Services 53450 $ (500)
Estimated - Services City Forces 54500 $ (1,105)
Total Expenses $ (19,192) $ (21,629)
Ending Fund Balance $ 8,159 $ 5,855
1 The final amount shows what has been expended as of 02.28.23 in FY23. There will be more expenses through the end of the fiscal year (June); these are shown as Estimated. 2 The estimated expenditures for FY 2023-24 are based on the revenue that is currently able to be generated within LMAD No. 1. 3 Actual revenue received for FY 2022-23 tax levy.
4 Proposed revenue
5 Estimated revenues for second installment of FY 2022-23 tax levy. #11..
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SECTION IV MAINTENANCE & PLAN SPECIFICATIONS
Plans and specifications are available for review in the Public Works Department, located at 512 Jefferson Street, Modesto, CA. For more information, contact Kelly Gallagher, Parks Operations Manager at (209) 342-2270.
#11..
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SECTION V ANNUAL ASSESSMENT DISTRICT DIAGRAM
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SECTION VI ANNUAL ASSESSMENT LIST BY PARCEL & OWNER
Fee Parcel Owner Address City State Zip 2023/24 Ast.
079-002-001-000 MERCADO LISA M & RODOLFO 736 N MC CLURE RD Modesto CA 95357 $26.00 079-002-002-000 SOUMPHONPHAKDY YOUTHANA & KACHELLE MARIE 732 N MC CLURE RD Modesto CA 95357 $26.00 079-002-003-000 SORDO BRYON S ET AL 728 N MC CLURE RD Modesto CA 95357 $26.00 079-002-004-000 PRASAD AJAY B & SAILESHNI D TRS 724 N MC CLURE RD Modesto CA 95357 $26.00 079-002-005-000 LOPEZ JOSE M 720 N MC CLURE RD Modesto CA 95354 $26.00 079-002-006-000 YATES MICHAEL V & YATES CHRISTINE M 716 N MC CLURE RD Modesto CA 95357 $26.00 079-002-007-000 ALBANO FLORANTE J & ALBANO JUANITA T 712 N MC CLURE RD Modesto CA 95354 $26.00 079-002-008-000 GARCIA JOSE DE JESUS 708 N MC CLURE RD Modesto CA 95354 $26.00 079-002-009-000 ESPINOZA GABRIEL 704 N MC CLURE RD Modesto CA 95357 $26.00 079-002-010-000 LEON MARTHA 700 N MC CLURE RD Modesto CA 95357 $26.00 079-002-011-000 SAMRA AMARJIT S TR 701 REDFIELD AVE Modesto CA 95357 $26.00 079-002-012-000 BARRIENTOS DAVID & BARRIENTOS MARIA E 705 REDFIELD AVE Modesto CA 95357-1557 $26.00 079-002-013-000 BAUTISTA JOSE ALDANA & AVALOS MA DE LOS ANGEL FIER 709 REDFIELD AVE Modesto CA 95357 $26.00 079-002-014-000 BATTAGLIA COREY J 713 REDFIELD AVE Modesto CA 95357 $26.00 079-002-015-000 BADAL EDWARD E & BADAL JANET E 717 REDFIELD AVE Modesto CA 95357 $26.00 079-002-016-000 NGUYEN THANG ET AL 721 REDFIELD AVE Modesto CA 95357 $26.00 079-002-017-000 SMITH ROBIN K & SMITH SUSAN R 725 REDFIELD AVE Modesto CA 95357 $26.00 079-002-018-000 WRIGHT JASON ET AL 729 REDFIELD AVE Modesto CA 95357 $26.00 079-002-019-000 VAZQUEZ MIRIAM S 733 REDFIELD AVE Modesto CA 95357 $26.00 079-002-020-000 CASEY MARY JOHN 737 REDFIELD AVE Modesto CA 95357 $26.00 079-002-021-000 PANYANOUVONG ROCKY P ET AL 3513 BATTLEBORO CT Modesto CA 95357 $26.00 079-002-022-000 JOHNSON VERDELL TR 3517 BATTLEBORO CT Modesto CA 95357 $26.00 079-002-023-000 VILLEGAS JOSEPH J 3521 BATTLEBORO CT Modesto CA 95357 $26.00 079-002-024-000 PLUNK NATALIE & ROBERT 3525 BATTLEBORO CT Modesto CA 95357 $26.00 079-002-025-000 HASKEL ALAN 3529 BATTLEBORO CT Modesto CA 95357 $26.00 079-002-028-000 ALVAREZ VICTOR R & CRISTINA TRS 3536 BATTLEBORO CT Modesto CA 95357 $26.00 079-002-029-000 HASKEL ANDREW ROBERT 3532 BATTLEBORO CT Modesto CA 95357 $26.00 079-002-030-000 EMERY EVERETTE & SHONDA TRS 3528 BATTLEBORO CT Modesto CA 95357 $26.00 079-002-031-000 VILLALPANDO HERIBERTO & ROSA E 3524 BATTLEBORO CT Modesto CA 95357 $26.00 079-002-032-000 NGUYEN HUY ET AL 3520 BATTLEBORO CT Modesto CA 95357 $26.00 079-002-033-000 PRASHAD RAJENDRA & SONI L 3516 BATTLEBORO CT Modesto CA 95357 $26.00 079-002-034-000 VO SANG 3512 BATTLEBORO CT Modesto CA 95357 $26.00 079-002-035-000 ALCAZAR ELISA C ET AL 3513 BERESFORD DR Modesto CA 95357-5841 $26.00 079-002-036-000 CARREON JOSE & CECILIA 3517 BERESFORD DR Modesto CA 95357 $26.00 079-002-037-000 GOMEZ PATRICIA 3521 BERESFORD DR Modesto CA 95357 $26.00 079-002-038-000 COENEN KELVIN L & COENEN CHRISTINA P 3525 BERESFORD DR Modesto CA 95357 $26.00 079-002-039-000 BECERRA JUAN CARLOS RIVERA 3529 BERESFORD DR Modesto CA 95357 $26.00 079-002-040-000 CARSON SAMMY D & CARSON BRENDA S 713 PARKSTON CT Modesto CA 95357 $26.00 079-002-041-000 ALLEN FLETCHER 717 PARKSTON CT Modesto CA 95357 $26.00 #11..
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079-002-042-000 SOTO HECTOR M & PENA MARIA C 721 PARKSTON CT Modesto CA 95357 $26.00 079-002-043-000 SAMRA AMARJIT 725 PARKSTON CT Modesto CA 95357 $26.00 079-002-044-000 WRIGHT JASON ODELL SR & SARA 729 PARKSTON CT Modesto CA 95357 $26.00 079-002-048-000 SINGH JOTIKA ET AL 745 PARKSTON CT Modesto CA 95357 $26.00 079-002-049-000 TOWNSELL DARNELL JR ET AL 749 PARKSTON CT Modesto CA 95357 $26.00 079-002-050-000 ARMENTA ANTONIA GUILLERMINA HERNANDEZ ET AL 753 PARKSTON CT Modesto CA 95357 $26.00 079-002-051-000 TORRES JUAN LUIS 752 PARKSTON CT Modesto CA 95357 $26.00 079-002-052-000 CASTILLO RANDY 748 PARKSTON CT Modesto CA 95357 $26.00 079-002-053-000 LANZA PHILIP R 744 PARKSTON CT Modesto CA 95357 $26.00 079-002-054-000 FABER BRUCE ET AL 740 PARKSTON CT Modesto CA 95357 $26.00 079-002-055-000 PEREZ ISIDRO C 736 PARKSTON CT Modesto CA 95357-1550 $26.00 079-002-056-000 GANJA SAM 732 PARKSTON CT Modesto CA 95357 $26.00 079-002-057-000 MATUS NICHOLAS A GUEVARA & GUEVARA MARIA C 728 PARKSTON CT Modesto CA 95357 $26.00 079-002-058-000 COLLS LUIS R TR 724 PARKSTON CT Modesto CA 95357 $26.00 079-002-059-000 ELLYSON JEFFREY 720 PARKSTON CT Modesto CA 95357-1550 $26.00 079-002-060-000 CLARKE THOMAS D II & BRENDA L 716 PARKSTON CT Modesto CA 95355 $26.00 079-002-061-000 CASTIGLIONE JOSEPH B & BECKY M 713 MILBANK DR Modesto CA 95357 $26.00 079-002-062-000 LUBINSKY EDWARD & LUBINSKY CAROL E 717 MILBANK DR Modesto CA 95354 $26.00 079-002-063-000 KAUR HARVINDER & SINGH SARBJIT 721 MILBANK DR Modesto CA 95357 $26.00 079-002-064-000 PRASAD RAMA ET AL TRS 725 MILBANK DR Modesto CA 95357 $26.00 079-002-065-000 WINGO NAIDA J 729 MILBANK DR Modesto CA 95357 $26.00 079-002-066-000 SMITH MARQUE R 733 MILBANK DR Modesto CA 95357-1549 $26.00 079-002-067-000 VILLANUEVA DAVID M & VILLANUEVA DIANE M 737 MILBANK DR Modesto CA 95357-1549 $26.00 079-002-068-000 PETERSON JEAN 741 MILBANK DR Modesto CA 95357 $26.00 079-002-069-000 MORSE GERALD WAYNE & CONSUELO 745 MILBANK DR Modesto CA 95357 $26.00 079-002-070-000 RAMIREZ-RIVERA JULIO C & CRUZ-FUENTES ALMA NIDIA 817 SALINA DR Modesto CA 95357 $26.00 079-002-071-000 COHETERO VICTOR & HEIDE 821 SALINA DR Modesto CA 95357 $26.00 079-002-072-000 PENA MIGUEL G 825 SALINA DR Modesto CA 95357 $26.00 079-002-073-000 MANANQUIL DEXTER & PRAK DEBBIE 3701 WICHITA WAY Modesto CA 95357 $26.00 079-002-074-000 ROMAN TED ET AL 3705 WICHITA WAY Modesto CA 95357 $26.00 079-002-076-000 BATES HAROLD & JANICE 3533 BATTLEBORO CT Modesto CA 95357 $26.00 079-002-078-000 SINGH MOHINDER 733 PARKSTON CT Modesto CA 95357 $26.00 079-002-079-000 SINGH DALVIR 737 PARKSTON CT Modesto CA 95357 $26.00 079-002-080-000 HASKEL ROBERT P 3537 BATTLEBORO CT Modesto CA 95357-1510 $26.00 079-002-082-000 SIMAS LUIS & DAISY 741 PARKSTON CT Modesto CA 95357 $26.00 079-003-001-000 MAHARAJ SANJAI S & MAHARAJ ARUNA D 3641 DRY CREEK DR Modesto CA 95357 $26.00 079-003-002-000 HUFFMAN JOSEPH R II & MARLENE J 3637 DRY CREEK DR Modesto CA 95357 $26.00 079-003-003-000 BROWN CHRISTOPHER C & KAREN R 3633 DRY CREEK DR Modesto CA 95357 $26.00 079-003-004-000 CALVO SERGIO & SILVIA 3629 DRY CREEK DR Modesto CA 95357 $26.00 079-003-005-000 TORRES MOSES & ESTRADA NANCY 3625 DRY CREEK DR Modesto CA 95357 $26.00 #11..
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Fee Parcel Owner Address City State Zip 2023/24 Ast.
079-003-006-000 MAGCALAS JOEL & VIRGINIA 3621 DRY CREEK DR Modesto CA 95357 $26.00 079-003-007-000 CORDOVA ISIDRO C & CORDOVA MARTHA B 3613 DRY CREEK DR Modesto CA 95357 $26.00 079-003-008-000 CHUANGS INVESTMENT INC 3609 DRY CREEK DR Modesto CA 95357 $26.00 079-003-009-000 PRASAD SUJENDRA & DEVI SANGITA 3605 DRY CREEK DR Modesto CA 95357-1527 $26.00 079-003-010-000 GIL MARTIN & GIL DEBORAH L 3601 DRY CREEK DR Modesto CA 95357 $26.00 079-003-011-000 DOUGLAS GREG & DOUGLAS TERI 3537 DRY CREEK DR Modesto CA 95357 $26.00 079-003-012-000 HERNANDEZ FERNANDO PARDO & HERNANDEZ GLORIA C 3533 DRY CREEK DR Modesto CA 95357 $26.00 079-003-013-000 SILLAS DAVID ASPERICUETA & ASPERICUETA LEANNE MARI 3529 DRY CREEK DR Modesto CA 95357 $26.00 079-003-014-000 REYES FERNANDO ET AL 3525 DRY CREEK DR Modesto CA 95357 $26.00 079-003-015-000 CHUON LEE & SIN CHANTEVY 3521 DRY CREEK DR Modesto CA 95357 $26.00 079-003-016-000 DIXON THOMAS L 3517 DRY CREEK DR Modesto CA 95357 $26.00 079-003-017-000 WISNER JAMES E & ELINA S 3512 BERESFORD DR Modesto CA 95354 $26.00 079-003-018-000 ESTRADA ADRIANA G 3516 BERESFORD DR Modesto CA 95357 $26.00 079-003-019-000 ALSUMERI FAHMI 3520 BERESFORD DR Modesto CA 95357-1511 $26.00 079-003-020-000 LOVE BOBBY 3524 BERESFORD DR Modesto CA 95357-1511 $26.00 079-003-021-000 DHALIWAL JOGINDER SINGH & KULWANT KAUR 3528 BERESFORD DR Modesto CA 95357 $26.00 079-003-022-000 LUTTRELL ERIC ET AL 3532 BERESFORD DR Modesto CA 95357 $26.00 079-003-023-000 MENDOZA ADRIAN & ROSA 3536 BERESFORD DR Modesto CA 95357 $26.00 079-003-024-000 GARCIA JOSE VASQUEZ & MOSQUEDA LAURA CALDERON 3540 BERESFORD DR Modesto CA 95357-1511 $26.00 079-003-025-000 FISCHER WILLIAM & FISCHER CAROL 3600 BERESFORD DR Modesto CA 95357 $26.00 079-003-026-000 ARELLANO ERIK ALBERTO 3604 BERESFORD DR Modesto CA 95357 $26.00 079-003-027-000 VAZQUEZ ALICIA 3608 BERESFORD DR Modesto CA 95357 $26.00 079-003-028-000 REYES ERLINDA M TR 3616 BERESFORD DR Modesto CA 95357 $26.00 079-003-029-000 CHUNG WILLIAM & YEH GEORGINA PIK-CHING TRS 3620 BERESFORD DR Modesto CA 95357-4052 $26.00 079-003-030-000 BURKE GARY F II & JEAN-BURKE BECKY TRS 3624 BERESFORD DR Modesto CA 95357 $26.00 079-003-031-000 MUNOZ ALFREDO F & CEYLON A 3628 BERESFORD DR Modesto CA 95357 $26.00 079-003-032-000 MARTINEZ CRISTIAN O 3632 BERESFORD DR Modesto CA 95357-1515 $26.00 079-003-033-000 ROTH WILLIAM C & ROTH DOLORES 704 SPINDALE DR Modesto CA 95350 $26.00 079-003-034-000 SOLIS MARIA 708 SPINDALE DR Modesto CA 95357 $26.00 079-003-035-000 LANGI SOANE 712 SPINDALE DR Modesto CA 95357 $26.00 079-003-036-000 SHARMA RUDRA DUTT & RESHMIKA 716 SPINDALE DR Modesto CA 95357 $26.00 079-003-037-000 DEL REAL INDELACIO & DEL REAL ELENA 720 SPINDALE DR Modesto CA 95357 $26.00 079-003-038-000 MORALES DIANA R 724 SPINDALE DR Modesto CA 95357 $26.00 079-003-039-000 MONTELONGO SANDRO 728 SPINDALE DR Modesto CA 95357-1565 $26.00 079-003-041-000 GONZALES JUAN G JR & GLORIA M 729 SPINDALE DR Modesto CA 95357 $26.00 079-003-042-000 DORRETT NEWTON & LYNELL D 725 SPINDALE DR Modesto CA 95357 $26.00 079-003-043-000 SAMMULI ROBERT A & JAMIE L 721 SPINDALE DR Modesto CA 95357-1566 $26.00 079-003-044-000 GARCIA ERIKA YAZMIN 717 SPINDALE DR Modesto CA 95357 $26.00 079-003-045-000 REYES ROGELIO GONZALEZ 713 SPINDALE DR Modesto CA 95357 $26.00 079-003-046-000 BOWMAN ANDREW 709 SPINDALE DR Modesto CA 95357 $26.00 #11..
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079-003-047-000 SINGH RAWNIK & LAL RANJITA 3617 BERESFORD DR Modesto CA 95357 $26.00 079-003-048-000 COULIBALY LLC 720 MILBANK DR Modesto CA 95357 $26.00 079-003-049-000 MOODY DIANE K 724 MILBANK DR Modesto CA 95357 $26.00 079-003-050-000 SWITZER LYNDELL TR 728 MILBANK DR Modesto CA 95357 $26.00 079-003-051-000 KILGORE LINDA L 732 MILBANK DR Modesto CA 95357 $26.00 079-003-052-000 MAXWELL VIRGINIA E 736 MILBANK DR Modesto CA 95357-1548 $26.00 079-003-053-000 JUDD JIMMIE RANDALL ET AL 740 MILBANK DR Modesto CA 95357 $26.00 079-003-054-000 SPIEKER JANE R & DAVID M 744 MILBANK DR Modesto CA 95357 $26.00 079-003-055-000 ALVEAR FELICITAS 748 MILBANK DR Modesto CA 95357 $26.00 079-003-056-000 PAHL KAREN M ET AL 733 SPINDALE DR Modesto CA 95357 $26.00 079-004-001-000 BASSARD MICHAEL ET AL 3709 WICHITA WAY Modesto CA 95357 $26.00 079-004-002-000 CASSIDY ALAN K & CASSIDY SUSAN H 3713 WICHITA WAY Modesto CA 95357 $26.00 079-004-003-000 HAWIL ALFRED 3717 WICHITA WAY Modesto CA 95357 $26.00 079-004-004-000 PALMERIN ARTURO & PATRICIA 3721 WICHITA WAY Modesto CA 95357 $26.00 079-004-005-000 PAPPAS MICHAEL & NANCY CARDENAS 3725 WICHITA WAY Modesto CA 95357-1570 $26.00 079-004-006-000 MANLULU NOEL M & MARIVIC F TRS 3729 WICHITA WAY Modesto CA 95357 $26.00 079-004-007-000 TOWNE JAMES E & TOWNE AMANDA J 3733 WICHITA WAY Modesto CA 95357 $26.00 079-004-008-000 VALDES RENE D ET AL 3801 WICHITA WAY Modesto CA 95357-1572 $26.00 079-004-009-000 DE ALBA RIGOBERTO SR & SANDRA L TRS 3805 WICHITA WAY Modesto CA 95357 $26.00 079-004-010-000 DE ALBA RIGOBERTO SR & SANDRA L TRS 3809 WICHITA WAY Modesto CA 95357 $26.00 079-004-011-000 WATTLE DANNY & CAROLANNE 3813 WICHITA WAY Modesto CA 95357 $26.00 079-004-012-000 HECKLER LAWRENCE S TR 3817 WICHITA WAY Modesto CA 95357 $26.00 079-004-013-000 WU HONG LIANG 3821 WICHITA WAY Modesto CA 95357 $26.00 079-004-014-000 CURTRIGHT BARBARA TR 3825 WICHITA WAY Modesto CA 95357 $26.00 079-004-015-000 HAWIL MARCUS 3829 WICHITA WAY Modesto CA 95354 $26.00 079-004-016-000 SANTIAGO JOSE NAPOLES & SONIA TRS 3901 WICHITA WAY Modesto CA 95354-1576 $26.00 079-004-017-000 FUENTES MANUEL 3905 WICHITA WAY Modesto CA 95357 $26.00 079-004-018-000 GONZALEZ CARRAZCO LUIS A & BUENDIA ANA L 3909 WICHITA WAY Modesto CA 95357 $26.00 079-004-019-000 ALBERG DAVID A & PAMELA M TRS 3913 WICHITA WAY Modesto CA 95354 $26.00 079-004-020-000 BOWMAN TERRI 3917 WICHITA WAY Modesto CA 95357 $26.00 079-004-021-000 MENDOZA JESUS ET AL 3921 WICHITA WAY Modesto CA 95355 $26.00 079-004-022-000 TEJEDA SERGIO L & VALDEZ JUANA ROCIO QUINTANILLA 3925 WICHITA WAY Modesto CA 95357 $26.00 079-004-023-000 MEZA HECTOR MEDINA 3929 WICHITA WAY Modesto CA 95357 $26.00 079-004-024-000 MARTINEZ ARTHUR J & ELISA R TRS 3933 WICHITA WAY Modesto CA 95357 $26.00 079-004-025-000 GARDNER GEORGE H & DAWN MARIE TRS 844 LARNED LN Modesto CA 95357 $26.00 079-004-026-000 SAMUEL BENJAMIN SADA & JANET A TRS 840 LARNED LN Modesto CA 95357 $26.00 079-004-027-000 BARTON KEVIN A 836 LARNED LN Modesto CA 95357 $26.00 079-004-028-000 SEN INDAR & SEN SURUJ M 832 LARNED LN Modesto CA 95357 $26.00 079-004-029-000 VIGIL CELSO ET AL 828 LARNED LN Modesto CA 95357 $26.00 079-004-030-000 MENDOZA GEORGINA 3925 SHARPSBURG DR Modesto CA 95357 $26.00 #11..
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Fee Parcel Owner Address City State Zip 2023/24 Ast.
079-004-031-000 VEGA CESAR & SABRINA 3921 SHARPSBURG DR Modesto CA 95357 $26.00 079-004-032-000 BALANJI HELEN FARHAD ZADEH 3917 SHARPSBURG DR Modesto CA 95357 $26.00 079-004-033-000 CARO MARIA LUISA FABIOLA ET AL 3913 SHARPSBURG DR Modesto CA 95357 $26.00 079-004-034-000 SAN PEDRO SHIRLEY Q & GEORGE 3909 SHARPSBURG DR Modesto CA 95357 $26.00 079-004-035-000 AGUIRRE GUADALUPE & RAMIREZ MIGUEL OROZCO 3905 SHARPSBURG DR Modesto CA 95357 $26.00 079-004-036-000 PHIPPS CORY L & PHIPPS CAROLE J 3901 SHARPSBURG DR Modesto CA 95357 $26.00 079-004-037-000 RAYA ARMANDO & ESPARZA JOAN 3821 SHARPSBURG DR Modesto CA 95357 $26.00 079-004-038-000 VAN DE GROENEKAN RUTH ET AL 3817 SHARPSBURG DR Modesto CA 95357-1562 $26.00 079-004-039-000 MUNOZFERRER ISMAEL & GLORIA LETICIA 3813 SHARPSBURG DR Modesto CA 95357 $26.00 079-004-040-000 AU-YEUNG CHI & AU-YEUNG TZE H 3809 SHARPSBURG DR Modesto CA 95357 $26.00 079-004-041-000 VASQUEZ CODY R & BYIANCA 3805 SHARPSBURG DR Modesto CA 95351 $26.00 079-004-042-000 SERNA MARLA ANN TR 3801 SHARPSBURG DR Modesto CA 95357 $26.00 079-004-043-000 SOUZA RICK L & SOUZA MARVELYN 3721 SHARPSBURG DR Modesto CA 95357-1560 $26.00 079-004-044-000 PRATT CRYSTAL MARIE 3717 SHARPSBURG DR Modesto CA 95357 $26.00 079-004-045-000 HARO SAYRA YOSELYNE GUTIERREZ ET AL 3713 SHARPSBURG DR Modesto CA 95357 $26.00 079-004-046-000 OROZCO RUDY JOSEPH 3709 SHARPSBURG DR Modesto CA 95357 $26.00 079-004-047-000 DIVIRD HEIDI N & JASON R 3705 SHARPSBURG DR Modesto CA 95354 $26.00 079-004-048-000 LI FELIX JING HUI & PANG HELEN YIM PING 3701 SHARPSBURG DR Modesto CA 09535 $26.00 079-004-049-000 EYRING MARION L TR 3712 WICHITA WAY Modesto CA 95357 $26.00 079-004-050-000 BENTLEY DOUGLAS & BENTLEY LEEANNE K 3716 WICHITA WAY Modesto CA 95357 $26.00 079-004-051-000 LEYVA RENE SR & CLAUDIA D 3720 WICHITA WAY Modesto CA 95357 $26.00 079-004-052-000 DUMAS JAMES BRIAN SR & PAMELA LEE TRS 3724 WICHITA WAY Modesto CA 95357 $26.00 079-004-053-000 MORENO ROSA MARIA 3728 WICHITA WAY Modesto CA 95354 $26.00 079-004-054-000 GALVAN OLALDE DANIEL GIBRAN & DIAZ GALVAN LAURA EL 3732 WICHITA WAY Modesto CA 95357 $26.00 079-004-055-000 CASTILLO RAFAEL ET AL 3800 WICHITA WAY Modesto CA 95357-1571 $26.00 079-004-056-000 SALVATION ARMY 3804 WICHITA WAY Modesto CA 95357-1571 $26.00 079-004-057-000 CLINE DAVID L & DEBRA N TRS 3808 WICHITA WAY Modesto CA 95357 $26.00 079-004-058-000 FUGATE BRANDON ET AL TRS 3812 WICHITA WAY Modesto CA 95357 $26.00 079-004-059-000 LEPE ROBERTO ET AL 3816 WICHITA WAY Modesto CA 95357 $26.00 079-004-060-000 CABEBE MARIA RIZALINA C TR 3820 WICHITA WAY Modesto CA 95357 $26.00 079-004-061-000 MAPANDA BEATRICE & FELIX 3824 WICHITA WAY Modesto CA 95357 $26.00 079-004-062-000 BADILLO ALAN & ADELITA M 3828 WICHITA WAY Modesto CA 95357 $26.00 079-004-063-000 CERVANTES EMIGDIO S ET AL 3900 WICHITA WAY Modesto CA 95357 $26.00 079-004-064-000 ALVAREZ LOUIS L ET AL 3904 WICHITA WAY Modesto CA 95357 $26.00 079-004-065-000 MANCINI JUDITH 3908 WICHITA WAY Modesto CA 95357-1575 $26.00 079-004-066-000 ISRAEL SHERLY ESGUERRA & ISRAEL SAMMY S 3912 WICHITA WAY Modesto CA 95357 $26.00 079-004-067-000 ROJAS ROGELIO A 3916 WICHITA WAY Modesto CA 95354 $26.00 079-004-068-000 OVIEDO IRMA L ET AL 3920 WICHITA WAY Modesto CA 95357 $26.00 079-004-069-000 OCKEY LEOTA L TR 3924 WICHITA WAY Modesto CA 95357 $26.00 079-005-001-000 SIMPSON STEVEN 732 SPINDALE DR Modesto CA 95357 $26.00 #11..
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Landscape Maintenance Assessment District No. 1
2023-2024 Engineer’s Annual Report Page 12
Fee Parcel Owner Address City State Zip 2023/24 Ast.
079-005-002-000 BALLIET RICHARD L & BALLIET SHERRY 736 SPINDALE DR Modesto CA 95357 $26.00 079-005-003-000 STAATS BAMBI MICHELLE ET AL 800 SALINA DR Modesto CA 95357 $26.00 079-005-004-000 HELLERUD GARRY A & HELLERUD ARLENE L 804 SALINA DR Modesto CA 95354-1558 $26.00 079-005-005-000 URENA FIDEL & ELIA K 813 PARSONS CT Modesto CA 95354 $26.00 079-005-006-000 CLEMENTS PANDORA A 809 PARSONS CT Modesto CA 95357-1552 $26.00 079-005-007-000 THOMPSON MELANIE 805 PARSONS CT Modesto CA 95357 $26.00 079-005-008-000 LAKE DAVID E & LAKE MARGARET R 800 PARSONS CT Modesto CA 95357-1552 $26.00 079-005-009-000 LEE EDMUND W TR 804 PARSONS CT Modesto CA 95357 $26.00 079-005-010-000 GARCIA EDUARDO CAMPOS & ELIZABETH AGUARISTI TRS 808 PARSONS CT Modesto CA 95351 $26.00 079-005-011-000 HINOJOS BRANDON & KRYSTAL R 812 PARSONS CT Modesto CA 95357 $26.00 079-005-012-000 RANGEL FRANCISCO JAVIER JR 817 LEAVENWORTH WAY Modesto CA 95357 $26.00 079-005-013-000 MEDINA VICTOR & IRMA 813 LEAVENWORTH WAY Modesto CA 95357 $26.00 079-005-014-000 FAGUNDES ANTONIO L & HAIR JACQUELINE K TRS 809 LEAVENWORTH WAY Modesto CA 95357 $26.00 079-005-015-000 GARCIA MATIAS & GARCIA MERCEDES 805 LEAVENWORTH WAY Modesto CA 95357 $26.00 079-005-016-000 ERWIN TERESA M 801 LEAVENWORTH WAY Modesto CA 95357 $26.00 079-005-017-000 OWENS LARRY G & MARY Z TRS 800 LEAVENWORTH WAY Modesto CA 95351 $26.00 079-005-018-000 TAYLOR BRADLEY JOSEPH 804 LEAVENWORTH WAY Modesto CA 95357-1539 $26.00 079-005-019-000 BISHOFF PHYLLIS J TR 808 LEAVENWORTH WAY Modesto CA 95357 $26.00 079-005-020-000 GASPARYAN ARMEN ET AL 812 LEAVENWORTH WAY Modesto CA 95357 $26.00 079-005-021-000 MARCELINO DAVID C & REBECCA N 816 LEAVENWORTH WAY Modesto CA 95357 $26.00 079-005-022-000 GONZALES LOUIS R SR HEIRS OF 3908 SHARPSBURG DR Modesto CA 95357 $26.00 079-005-023-000 DAVISON WAYNE & JO 3912 SHARPSBURG DR Modesto CA 95357-1563 $26.00 079-005-024-000 HAWIL ALFRED 3916 SHARPSBURG DR Modesto CA 95357 $26.00 079-005-025-000 DURHAM SANDY M 817 LARNED LN Modesto CA 95357 $26.00 079-005-026-000 MCCARTHY JAMES & TAMRA 813 LARNED LN Modesto CA 95357 $26.00 079-005-027-000 CHEN GEORGE CHONG JYH & HOLLY YUN YAN 809 LARNED LN Modesto CA 95357 $26.00 079-005-028-000 HANKS HEATH & SUZANA 805 LARNED LN Modesto CA 95357 $26.00 079-005-029-000 LIGHT MARK T & WRIGHT LUCILA 3909 GOODLAND CT Modesto CA 95357-1530 $26.00 079-005-030-000 LUCAS THOMAS M III & LUCAS LISA M 3905 GOODLAND CT Modesto CA 95357-1530 $26.00 079-005-031-000 BARKLEY JOSEPH E TR 3900 GOODLAND CT Modesto CA 95357 $26.00 079-005-032-000 BROOKS CHARLES A & SUSAN D TRS 3904 GOODLAND CT Modesto CA 95357 $26.00 079-005-033-000 GAMBOA BENITO & ANGELICA 3908 GOODLAND CT Modesto CA 95357 $26.00 079-005-034-000 MORALES SHARON & LUIS 3912 GOODLAND CT Modesto CA 95357 $26.00 079-005-035-000 YOUNGER ROGER COLEMAN & LAURA JEAN TRS 3916 GOODLAND CT Modesto CA 95357 $26.00 079-005-036-000 COLE TINA M 3920 GOODLAND CT Modesto CA 95357 $26.00 079-005-037-000 ALVARADO MARIA D 800 LARNED LN Modesto CA 95357 $26.00 079-005-038-000 PALMERIN JOSE DE JESUS 804 LARNED LN Modesto CA 95357 $26.00 079-005-039-000 NUNEZ OMAR AYON 808 LARNED LN Modesto CA 95357 $26.00 079-005-040-000 AZUETA ORLANDO & ALVAREZ LAURA CISNEROS 812 LARNED LN Modesto CA 95357 $26.00 079-005-041-000 CAMARENA JESUS D ET AL 816 LARNED LN Modesto CA 95357-1537 $26.00 #11..
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2023-2024 Engineer’s Annual Report Page 13
Fee Parcel Owner Address City State Zip 2023/24 Ast.
079-005-042-000 MORAD EDMOND & MORAD CARMEN 820 LARNED LN Modesto CA 95357 $26.00 079-005-043-000 BROWN DANNY ARTHUR & CHRISTINA 824 LARNED LN Modesto CA 95357 $26.00 079-006-001-000 SARETH JESSIE ET AL 737 WADDELL WAY Modesto CA 95357 $26.00 079-006-002-000 NASSER MOHAMED 741 WADDELL WAY Modesto CA 95357 $26.00 079-006-003-000 TORRES ANTHONY RENE JR ET AL 745 WADDELL WAY Modesto CA 95357 $26.00 079-006-004-000 CHHIM LIM 749 WADDELL WAY Modesto CA 95357 $26.00 079-006-005-000 FLORES J JESUS 753 WADDELL WAY Modesto CA 95357 $26.00 079-006-006-000 SAMOW HALA 757 WADDELL WAY Modesto CA 95357 $26.00 079-006-007-000 MICHAEL RAPHAEL 761 WADDELL WAY Modesto CA 95357 $26.00 079-006-008-000 REYES JIM R & REYES ELLEN S 765 WADDELL WAY Modesto CA 95357 $26.00 079-006-010-000 JOHNSON GERALD L ET AL 752 CODINGTON WAY Modesto CA 95357 $26.00 079-006-011-000 FELICIANO LIORITA A & RUSEL C 748 CODINGTON WAY Modesto CA 95357 $26.00 079-006-012-000 WEBB LAQUITA 744 CODINGTON WAY Modesto CA 95357 $26.00 079-006-013-000 GARCIA FRANCISCO & YOLANDA 740 CODINGTON WAY Modesto CA 95357 $26.00 079-006-014-000 MC CRARY MARY JANE 736 CODINGTON WAY Modesto CA 95357 $26.00 079-006-015-000 CHAVEZ ALEJANDRO PACHECO 732 CODINGTON WAY Modesto CA 95357 $26.00 079-006-016-000 TELLEZ MAURICE R & MARGARITA F 728 CODINGTON WAY Modesto CA 95357 $26.00 079-006-017-000 TELLEZ MAURICE R & MARGARITA F 724 CODINGTON WAY Modesto CA 95357 $26.00 079-006-018-000 SANTOS LUZ MARIA 720 CODINGTON WAY Modesto CA 95357 $26.00 079-006-019-000 SANTOS LUZ 716 CODINGTON WAY Modesto CA 95357 $26.00 079-006-020-000 PADILLA SALVADOR & PADILLA ANTONIA 712 CODINGTON WAY Modesto CA 95357 $26.00 079-006-021-000 PERROTTI PATRICK ET AL TRS 708 CODINGTON WAY Modesto CA 95357 $26.00 079-006-022-000 BAINS GURNAM S & BALVINDER K 704 CODINGTON WAY Modesto CA 95355 $26.00 079-006-023-000 LOTKO ANN E 700 CODINGTON WAY Modesto CA 95357 $26.00 079-006-024-000 PEREZ JUAN & SILVIA P TRS 640 CODINGTON WAY Modesto CA 95357 $26.00 079-006-025-000 RAM RAVI PRAKASH & RAM SANJILA PRAKASH 701 CODINGTON WAY Modesto CA 95357-1519 $26.00 079-006-026-000 BANUELOS MARTHA E TR 705 CODINGTON WAY Modesto CA 95357 $26.00 079-006-027-000 ARROYO RAFAEL ARROYO & CHAVEZ GUADALUPE RAMIREZ 709 CODINGTON WAY Modesto CA 95357 $26.00 079-006-028-000 BENDERAS DAMARA 713 CODINGTON WAY Modesto CA 95357 $26.00 079-006-029-000 AGUIRRE ALICIA R 717 CODINGTON WAY Modesto CA 95357 $26.00 079-006-030-000 GOMEZ FRANCISCO J ET AL 721 CODINGTON WAY Modesto CA 95357 $26.00 079-006-031-000 BAINS GURNAM S & BALVINDER K 725 CODINGTON WAY Modesto CA 95357 $26.00 079-006-032-000 FIGUEROA LUIS E & FIGUEROA ISABEL L 729 CODINGTON WAY Modesto CA 95357 $26.00 079-006-033-000 CARROLL EDWIN JOSEPH II & LEPE-CARROLL CONNIE LEA 733 CODINGTON WAY Modesto CA 95357 $26.00 079-006-034-000 AMBROSICH STEPHEN F TR 737 CODINGTON WAY Modesto CA 95357 $26.00 079-006-035-000 MOLINA GIOVANI & ORTEGA MARIA ESTHER TALAVERA 741 CODINGTON WAY Modesto CA 95357 $26.00 079-006-036-000 PADEN JONATHAN A 745 CODINGTON WAY Modesto CA 95354 $26.00 079-006-037-000 SILLEMON ANTHONY 749 CODINGTON WAY Modesto CA 95357 $26.00 079-006-038-000 GUZMAN JESUS A 744 CARRBORO LN Modesto CA 95357 $26.00 079-006-039-000 LOUCKS DAVID GEORGE & JOSEFA M TRS 740 CARRBORO LN Modesto CA 95357 $26.00 #11..
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Landscape Maintenance Assessment District No. 1
2023-2024 Engineer’s Annual Report Page 14
Fee Parcel Owner Address City State Zip 2023/24 Ast.
079-006-040-000 PATRICK ANTONIO 736 CARRBORO LN Modesto CA 95357 $26.00 079-006-041-000 PALOMERA HECTOR MANUEL 732 CARRBORO LN Modesto CA 95357 $26.00 079-006-042-000 WILLIAMS MARLON & NENA 728 CARRBORO LN Modesto CA 95357-1408 $26.00 079-006-043-000 DEBERRY GARY L & ALICE 724 CARRBORO LN Modesto CA 95357 $26.00 079-006-044-000 LAMPROE LEONARD C & LAMPROE MARY A 720 CARRBORO LN Modesto CA 95357 $26.00 079-006-045-000 GARCIA FELIPE & FLORES BLANCA 716 CARRBORO LN Modesto CA 95357 $26.00 079-006-046-000 AGUILAR EDUARDO D CORTEZ 712 CARRBORO LN Modesto CA 95357 $26.00 079-006-047-000 LI ZHIHE & HUANG LIFEI 708 CARRBORO LN Modesto CA 95357 $26.00 079-006-048-000 DAVID VIRGEEN 704 CARRBORO LN Modesto CA 95357 $26.00 079-006-049-000 CONN HILARY A & GARY 700 CARRBORO LN Modesto CA 95357 $26.00 079-007-001-000 CHOW MINH LU ET AL 729 WADDELL WAY Modesto CA 95354 $26.00 079-007-002-000 JORGENSEN FRANK E & MIRIAM M TRS 725 WADDELL WAY Modesto CA 95357 $26.00 079-007-003-000 MALDONADO CARLOS ET AL 721 WADDELL WAY Modesto CA 95357 $26.00 079-007-004-000 PENALOSA FABIAN HERNANDEZ 717 WADDELL WAY Modesto CA 95357 $26.00 079-007-005-000 L & D RENTALS LLC 713 WADDELL WAY Modesto CA 95357 $26.00 079-007-006-000 GUTIERREZ DIEGO 709 WADDELL WAY Modesto CA 95357 $26.00 079-007-007-000 SHANDIL SHALESH & IRENE R 705 WADDELL WAY Modesto CA 95357 $26.00 079-007-008-000 MCCLURE JODI PENIRIAN 701 WADDELL WAY Modesto CA 95357 $26.00 079-007-009-000 FERNANDEZ RAMIRO & ALMA 669 WADDELL WAY Modesto CA 95357 $26.00 079-007-010-000 ZAMORA GUILLERMO 665 WADDELL WAY Modesto CA 95357 $26.00 079-007-011-000 STOLLBERG WILLIAM R & HOAI TRS 661 WADDELL WAY Modesto CA 95354 $26.00 079-007-012-000 L & D RENTALS LLC 657 WADDELL WAY Modesto CA 95357 $26.00 079-007-013-000 BAINS KABAL S & JASBIR K TRS 653 WADDELL WAY Modesto CA 95357 $26.00 079-007-014-000 BAKER OUTIN MARLENE 649 WADDELL WAY Modesto CA 95357 $26.00 079-007-015-000 MARSELLA BARBARA A 645 WADDELL WAY Modesto CA 95357 $26.00 079-007-016-000 JIMENEZ JOSE GUIZAR 641 WADDELL WAY Modesto CA 95357 $26.00 079-007-017-000 RUIZ IGNACIO VASQUEZ ET AL 648 WADDELL WAY Modesto CA 95357 $26.00 079-007-018-000 TIFFER DORIE C 652 WADDELL WAY Modesto CA 95357 $26.00 079-007-019-000 MENDEZ HILARIO 656 WADDELL WAY Modesto CA 95350 $26.00 079-007-020-000 AMBRIZ MARIO G 721 RIEDSVILLE CT Modesto CA 95357 $26.00 079-007-021-000 WEST AARON CHRISTOPHER & JENNIFER JEAN TRS 717 RIEDSVILLE CT Modesto CA 95354 $26.00 079-007-022-000 ZAVALA JOHN & YVONNE 713 RIEDSVILLE CT Modesto CA 95357 $26.00 079-007-023-000 ACOSTA DAVID ET AL 716 RIEDSVILLE CT Modesto CA 95357 $26.00 079-007-024-000 SCHULTZ BRENDA J & RONALD 720 RIEDSVILLE CT Modesto CA 95357 $26.00 079-007-025-000 RIVERA RAMON ET AL 712 WADDELL WAY Modesto CA 95357 $26.00 079-007-026-000 PALMERIN ERNESTO & MARIA 716 WADDELL WAY Modesto CA 95357-1487 $26.00 079-007-027-000 MOLES EDWARD A & DIAMOND SUSAN H TRS 720 WADDELL WAY Modesto CA 95357 $26.00 079-007-028-000 PEREZ JUAN & SOTO ANABEL 724 WADDELL WAY Modesto CA 95357 $26.00 079-007-029-000 TRIMBLE BRENDA E 728 WADDELL WAY Modesto CA 95354 $26.00 079-007-030-000 POZZOULI JOHN L 732 WADDELL WAY Modesto CA 95357 $26.00 #11..
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Landscape Maintenance Assessment District No. 1
2023-2024 Engineer’s Annual Report Page 15
Fee Parcel Owner Address City State Zip 2023/24 Ast.
079-007-031-000 SINGH SURUJ B & SINGH LACHMI BAI 736 WADDELL WAY Modesto CA 95357 $26.00 079-007-032-000 DE LA TORRE CONRADO & ROSEMARY TRS 740 WADDELL WAY Modesto CA 95357 $26.00 079-007-033-000 MARCIANO ARMANDO D & MARCIANO REMEDIOS R 737 CARRBORO LN Modesto CA 95357-1409 $26.00 079-007-034-000 PLACE GREGORY & SHERI L 733 CARRBORO LN Modesto CA 95357 $26.00 079-007-035-000 MECIA MIGUEL A & ASPEN 729 CARRBORO LN Modesto CA 95357 $26.00 079-007-036-000 ZUNIGA ANDRES PEREZ & GARCIA LIZETH L 725 CARRBORO LN Modesto CA 95357-1409 $26.00 079-007-037-000 CEJA BEATRICE 721 CARRBORO LN Modesto CA 95357 $26.00 079-007-038-000 NAVARRO ENRIQUE & GONZALEZ ELBA CRISTINA 717 CARRBORO LN Modesto CA 95357 $26.00 079-007-039-000 HARRISON KAREN S 713 CARRBORO LN Modesto CA 95357 $26.00 079-007-040-000 VILLALOVOS ART ROBERT & YOLANDA 709 CARRBORO LN Modesto CA 95357 $26.00 079-007-041-000 HARPER MICHAEL P & LILLIE M 700 CHADBURN CT Modesto CA 95357 $26.00 079-007-042-000 JACKSON JONATHAN & ADONA 704 CHADBURN CT Modesto CA 95357 $26.00 079-007-043-000 DIAS JEREMIAH A ET AL 708 CHADBURN CT Modesto CA 95357 $26.00 079-007-044-000 SAMRA GURDIP & PREET 712 CHADBURN CT Modesto CA 95357 $26.00 079-007-045-000 ROBLES RICHELLE & YULO JOHN 716 CHADBURN CT Modesto CA 95357 $26.00 079-007-046-000 MEZA JACQUELINE M 720 CHADBURN CT Modesto CA 95354 $26.00 079-007-047-000 TRUESDAIL SHELBY J 724 CHADBURN CT Modesto CA 95357 $26.00 079-007-048-000 BAHI EILEEN 721 CHADBURN CT Modesto CA 95354 $26.00 079-007-049-000 IBARRA JUANA 717 CHADBURN CT Modesto CA 95357 $26.00 079-007-050-000 YEFREMENKO ALEKSEY & CANDICE 713 CHADBURN CT Modesto CA 95357 $26.00 079-007-051-000 OROZCO VANESSA G ET AL 709 CHADBURN CT Modesto CA 95357 $26.00 079-007-052-000 CHAPARRO PABLO 705 CHADBURN CT Modesto CA 95355 $26.00 079-007-053-000 SILVEIRA FERNANDA 3725 CREEDMOOR AVE Modesto CA 95357 $26.00 079-007-054-000 LUTZOW JOHN P 3721 CREEDMOOR AVE Modesto CA 95357 $26.00 079-007-055-000 PEREZ JOSE P & PEREZ ROSA M 3717 CREEDMOOR AVE Modesto CA 95357 $26.00 079-007-056-000 SKOCHKO KATHLEEN A & SKOCHKO RICHARD A 3713 CREEDMOOR AVE Modesto CA 95357 $26.00 079-007-057-000 DAVIS JAMES R & DAVIS LETECIA B 3709 CREEDMOOR AVE Modesto CA 95354 $26.00 079-008-001-000 BUAYA DAVID TR 620 N MC CLURE RD Modesto CA 95357 $26.00 079-008-002-000 ALI SYED ARIF & ARIF SHAZIA 616 N MC CLURE RD Modesto CA 95357 $26.00 079-008-003-000 CONCHAS SANDRA H 612 N MC CLURE RD Modesto CA 95356 $26.00 079-008-004-000 RENO FRED W 608 N MC CLURE RD Modesto CA 95354 $26.00 079-008-005-000 CHAND VIJAY & MATI SOHAN 604 N MC CLURE RD Modesto CA 95354 $26.00 079-008-006-000 CHAND VIJAY V ET AL 600 N MC CLURE RD Modesto CA 95357 $26.00 079-008-007-000 JACKSON MATTHEW & JACKSON SUZANNA 564 N MC CLURE RD Modesto CA 95357 $26.00 079-008-008-000 WARD DONALD G & CARLILE-WARD CARRIE LYNN 560 N MC CLURE RD Modesto CA 95354 $26.00 079-008-009-000 MOUNDI HARINDER KAUR & GURDIAL SINGH 556 N MC CLURE RD Modesto CA 95354 $26.00 079-008-010-000 BORGES FRANK J 552 N MC CLURE RD Modesto CA 95357 $26.00 079-008-011-000 MILLER THOMAS H TR 548 N MC CLURE RD Modesto CA 95357 $26.00 079-008-012-000 RODRIGUEZ JOHN MIGUEL & NORMA 544 N MC CLURE RD Modesto CA 95357 $26.00 079-008-013-000 HAFIZ ABDUL HABID ET AL 540 N MC CLURE RD Modesto CA 95357 $26.00 #11..
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Landscape Maintenance Assessment District No. 1
2023-2024 Engineer’s Annual Report Page 16
Fee Parcel Owner Address City State Zip 2023/24 Ast.
079-008-014-000 TAGRE ABEL JOSE & TERRIE MARIE TRS 536 N MC CLURE RD Modesto CA 95357 $26.00 079-008-015-000 RODRIGUEZ ROBERTA L & GUILLEN OSCAR J 501 REDFIELD AVE Modesto CA 95357 $26.00 079-008-016-000 SABLOK SATISH KUMAR & RENUKA TRS 505 REDFIELD AVE Modesto CA 95357 $26.00 079-008-017-000 ORTIZ JAVIER 509 REDFIELD AVE Modesto CA 95357 $26.00 079-008-018-000 KINCHELOE KAREN TR 513 REDFIELD AVE Modesto CA 95357 $26.00 079-008-019-000 SHARMA UMA L 517 REDFIELD AVE Modesto CA 95357 $26.00 079-008-020-000 CARDOSO JOHN P 521 REDFIELD AVE Modesto CA 95357 $26.00 079-008-021-000 BATES SEAN & LAURA 525 REDFIELD AVE Modesto CA 95357 $26.00 079-008-022-000 ZERMENO RAUL R & MARIA LETICIA TRS 529 REDFIELD AVE Modesto CA 95357 $26.00 079-008-023-000 LAKHANPAL PARMINDER SINGH & KULDEEP 533 REDFIELD AVE Modesto CA 95357 $26.00 079-008-024-000 MONTGOMERY KENNITHA 601 REDFIELD AVE Modesto CA 95357 $26.00 079-008-025-000 JEET JERMY S & KUMARI RONITA 605 REDFIELD AVE Modesto CA 95357 $26.00 079-008-026-000 BROWER PROPERTIES 3 LLC 609 REDFIELD AVE Modesto CA 95357-1555 $26.00 079-008-027-000 KUMAR PRANEEL 613 REDFIELD AVE Modesto CA 95357 $26.00 079-008-028-000 CV RESIDENTIAL LLC 617 REDFIELD AVE Modesto CA 95357 $26.00 079-008-029-000 CHRISTENSEN KYLER 3516 DRY CREEK DR Modesto CA 95357 $26.00 079-008-030-000 BROWN CAROL C TR 3520 DRY CREEK DR Modesto CA 95357 $26.00 079-008-031-000 WRIGHT JACQUELINE L TR 3524 DRY CREEK DR Modesto CA 95354 $26.00 079-008-032-000 HARDY RICK L & LYNN P 3528 DRY CREEK DR Modesto CA 95357 $26.00 079-008-033-000 VEGA DANIEL & MARILYN 3532 DRY CREEK DR Modesto CA 95357 $26.00 079-008-034-000 CARRILLO OLIVIA ET AL 3536 DRY CREEK DR Modesto CA 95357 $26.00 079-008-035-000 SINGH KULDIP & KOUR JASBIR 3600 DRY CREEK DR Modesto CA 95357 $26.00 079-008-036-000 MENDOZA RAFAEL ROSALES & IRMA 3604 DRY CREEK DR Modesto CA 95357 $26.00 079-008-037-000 ORTIZ MATIAS & ORTIZ JOSEFINA 3608 DRY CREEK DR Modesto CA 95357 $26.00 079-008-038-000 BROWN DALE LEE & VANESSA MARIE 3612 DRY CREEK DR Modesto CA 95357 $26.00 079-008-039-000 MONIZ HENRY III & KRISTY 3616 DRY CREEK DR Modesto CA 95357 $26.00 079-008-040-000 ECKLES ROBERT S & ECKLES JULIE L 3620 DRY CREEK DR Modesto CA 95357-1528 $26.00 079-008-041-000 SINGH SHALVIN V & SEN ADREEN JYOTISH 3624 DRY CREEK DR Modesto CA 95357 $26.00 079-008-042-000 MALLEY KATHERINE TR 3628 DRY CREEK DR Modesto CA 95357 $26.00 079-008-043-000 RODRIGUEZ-ZAVALETA ENRIQUE & FLORES-SANTOS NEREYDA 3632 DRY CREEK DR Modesto CA 95357 $26.00 079-008-044-000 DAVIS LUELLA B & DAVIS WAYNE W 3636 DRY CREEK DR Modesto CA 95357 $26.00 079-008-045-000 HERNANDEZ FRANK J & DIANA C 3640 DRY CREEK DR Modesto CA 95357 $26.00 079-008-046-000 STAMPS GENE A & GLORIA M 532 WILMONT LN Modesto CA 95357 $26.00 079-008-047-000 JIMENEZ GERARDO 536 WILMONT LN Modesto CA 95357-1579 $26.00 079-008-048-000 MATULIS ERIC A 3633 HIGHMORE LN Modesto CA 95357 $26.00 079-008-049-000 CHIU JOSEPH CHI TSUN & LEE HELEN LAI TRS 3629 HIGHMORE LN Modesto CA 95357 $26.00 079-008-050-000 FARA AHMED & FARA MUFDHLA 3625 HIGHMORE LN Modesto CA 95357 $26.00 079-008-051-000 JAUREGUI HORACIO J & SUSANA 3621 HIGHMORE LN Modesto CA 95357 $26.00 079-008-052-000 CISNEROS MARTIN T & CISNEROS MELISSA 3617 HIGHMORE LN Modesto CA 95357 $26.00 079-008-053-000 SINGH PREM 3613 HIGHMORE LN Modesto CA 95357 $26.00 #11..
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Fee Parcel Owner Address City State Zip 2023/24 Ast.
079-008-054-000 WHITAKER SAUDIA F 3609 HIGHMORE LN Modesto CA 95357 $26.00 079-008-055-000 PRASAD JACK J & RESHMA D 3605 HIGHMORE LN Modesto CA 95357 $26.00 079-008-056-000 GUTIERREZ JESUS & MARIA DE JESUS 3601 HIGHMORE LN Modesto CA 95357 $26.00 079-008-057-000 VELAZQUEZ MANUEL D JR & ELENA 3533 HIGHMORE LN Modesto CA 95357 $26.00 079-008-058-000 POSLANIEC COBY L 3529 HIGHMORE LN Modesto CA 95357 $26.00 079-008-059-000 SINGH MOHINDER 3525 HIGHMORE LN Modesto CA 95357 $26.00 079-008-060-000 MEDINA ROBERTO LEON TRS & MARIA DE LOS ANGELES TR 3521 HIGHMORE LN Modesto CA 95357 $26.00 079-008-061-000 AVILA ELISEO G ET AL 3517 HIGHMORE LN Modesto CA 95357 $26.00 079-008-062-000 KAUR NAVDEEP & SINGH DALVIR 3513 HIGHMORE LN Modesto CA 95357 $26.00 079-009-003-000 MARTINEZ CRYSTAL TR 3629 ARDIA AVE Modesto CA 95357 $26.00 079-009-004-000 POK NAVEEN & VEULVILAVONG AMMONE 3625 ARDIA AVE Modesto CA 95353 $26.00 079-009-005-000 SANCHEZ BRITTANY & FEDERICO 3621 ARDIA AVE Modesto CA 95357 $26.00 079-009-006-000 DALMAN NINON M 3617 ARDIA AVE Modesto CA 95357 $26.00 079-009-007-000 VARGAS ROBERT S & MARTHA V 3613 ARDIA AVE Modesto CA 95357 $26.00 079-009-008-000 RUSH ROBERT P SR & PATRICIA L 3609 ARDIA AVE Modesto CA 95357 $26.00 079-009-009-000 CICCONE LEANN TR 3605 ARDIA AVE Modesto CA 95357 $26.00 079-009-010-000 CAMBA JOSEPH 3601 ARDIA AVE Modesto CA 95357 $26.00 079-009-011-000 NAIRN DENNIS & REBECCA 3533 ARDIA AVE Modesto CA 95357 $26.00 079-009-012-000 MONDRAGON LUIS JR 3529 ARDIA AVE Modesto CA 95357 $26.00 079-009-013-000 JOHAL SUKHWINDER KAUR & JASBIR S SINGH 3525 ARDIA AVE Modesto CA 95357 $26.00 079-009-014-000 THANDI H S & S K 3521 ARDIA AVE Modesto CA 95357 $26.00 079-009-015-000 RAMOS FERNANDO A & MONSELLE TESSA JANINE 3517 ARDIA AVE Modesto CA 95357-1501 $26.00 079-009-016-000 MARTINEZ TONY R JR 3513 ARDIA AVE Modesto CA 95357 $26.00 079-009-017-000 FIGUEROA JASMINE E 3512 BALFOUR LN Modesto CA 95357 $26.00 079-009-018-000 GREWAL JASKIRAN 3516 BALFOUR LN Modesto CA 95357 $26.00 079-009-019-000 OGDEN ROBERT C & DEBORAH A TRS 3520 BALFOUR LN Modesto CA 95357-1504 $26.00 079-009-020-000 FOUNTAIN TIMOTHY J & FOUNTAIN DEBORAH A 3524 BALFOUR LN Modesto CA 95357 $26.00 079-009-021-000 TOBON LAURO I CORTES & CORTES MARY CARMEN 3528 BALFOUR LN Modesto CA 95357 $26.00 079-009-022-000 COLLS LUIS R TR 3600 BALFOUR LN Modesto CA 95357 $26.00 079-009-023-000 MANRIQUEZ UBALDO & DORA 3604 BALFOUR LN Modesto CA 95357 $26.00 079-009-024-000 AMEREL CLEVE & ROSA 3608 BALFOUR LN Modesto CA 95357-1508 $26.00 079-009-025-000 JOHNSON SOUNITA & MICHAEL 3612 BALFOUR LN Modesto CA 95354 $26.00 079-009-026-000 LEWMAN-KUNKLER BRENDA F TR 3616 BALFOUR LN Modesto CA 95357 $26.00 079-009-027-000 LEE DAVID S & HU YANTING 3620 BALFOUR LN Modesto CA 95357 $26.00 079-009-028-000 GONZALEZ ALFONSO CHAVEZ & RAMPONI-CHAVEZ JUDY 3624 BALFOUR LN Modesto CA 95357 $26.00 079-009-029-000 SANCHEZ HUGO & ZENAIDA 3628 BALFOUR LN Modesto CA 95357 $26.00 079-009-030-000 KRUSE JAMES E & BULAWIT JENA M 3632 BALFOUR LN Modesto CA 95357 $26.00 079-009-031-000 GOVEA PETER C & CAROL M TRS 512 WILMONT LN Modesto CA 95357 $26.00 079-009-032-000 CERVANTES JUAN MANUEL OCEGUERA & CASILLAS ROCIO ME 516 WILMONT LN Modesto CA 95357 $26.00 079-009-033-000 ORPUT STACY 520 WILMONT LN Modesto CA 95351 $26.00 #11..
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Fee Parcel Owner Address City State Zip 2023/24 Ast.
079-009-034-000 KHOKHAR MAHMOOD ET AL 524 WILMONT LN Modesto CA 95355 $26.00 079-009-035-000 BIZZINI KELLY A 528 WILMONT LN Modesto CA 95357 $26.00 079-009-036-000 MARTINEZ PEDRO & HERNANDEZ APRIL 3628 HIGHMORE LN Modesto CA 95357 $26.00 079-009-037-000 RAMIREZ JESUS ET AL 3624 HIGHMORE LN Modesto CA 95357 $26.00 079-009-038-000 CERDA CENDEJAS GONZALO ET AL 3620 HIGHMORE LN Modesto CA 95357 $26.00 079-009-039-000 WILHELM DENNIS & WILHELM JANICE 3616 HIGHMORE LN Modesto CA 95357-1534 $26.00 079-009-040-000 CASTRO MARIA 3612 HIGHMORE LN Modesto CA 95357 $26.00 079-009-041-000 VIZCARRA JOSE A 3608 HIGHMORE LN Modesto CA 95357 $26.00 079-009-042-000 FERREZ LIDIA E ET AL 3604 HIGHMORE LN Modesto CA 95357 $26.00 079-009-043-000 ZAYA SAMIA 3600 HIGHMORE LN Modesto CA 95354 $26.00 079-009-044-000 CHIU CHARLES 3528 HIGHMORE LN Modesto CA 95357 $26.00 079-009-045-000 FORBES DEENA M ET AL 3524 HIGHMORE LN Modesto CA 95357 $26.00 079-009-046-000 ROMERO-CORONEL VICTOR HUGO & ANAYA CRISTINA CONDE 3520 HIGHMORE LN Modesto CA 95355 $26.00 079-009-047-000 MANI LOGESH & SADHANA 3516 HIGHMORE LN Modesto CA 95357 $26.00 079-009-048-000 KUMAR KAMIL ET AL 3512 HIGHMORE LN Modesto CA 95357 $26.00 079-009-049-000 ESQUIVEL DIANA ACEVES DE 3513 BALFOUR LN Modesto CA 95357 $26.00 079-009-050-000 PRECIADO CINDY 3517 BALFOUR LN Modesto CA 95357 $26.00 079-009-051-000 KUMAR AMAR 3521 BALFOUR LN Modesto CA 95357 $26.00 079-009-052-000 PETERSON KAREN TR 3525 BALFOUR LN Modesto CA 95357 $26.00 079-009-053-000 PRAKASH SUSHEEL & DEVI VINITA 3529 BALFOUR LN Modesto CA 95357 $26.00 079-009-054-000 OSHANA DOONA H 3533 BALFOUR LN Modesto CA 95357 $26.00 079-009-055-000 VERSOLA KENNETH O ET AL TRS 3601 BALFOUR LN Modesto CA 95357 $26.00 079-009-056-000 MARTINEZ RICHARD A & MARTINEZ MARTHA S 3605 BALFOUR LN Modesto CA 95354 $26.00 079-009-057-000 VALADEZ JENISSA 3609 BALFOUR LN Modesto CA 95357 $26.00 079-009-058-000 CABRAL FREDERICK M & GLORIA VASQUEZ 3613 BALFOUR LN Modesto CA 95357 $26.00 079-009-059-000 WASPE LAWRENCE E MD 3617 BALFOUR LN Modesto CA 95357 $26.00 079-009-060-000 RODRIGUEZ MARIO & RODRIGUEZ SONIA 3621 BALFOUR LN Modesto CA 95357 $26.00 079-009-061-000 CISNEROS STEVE P & CISNEROS ELVIRA 3625 BALFOUR LN Modesto CA 95357 $26.00 079-009-062-000 DAVIS RODGER & STACY 3633 ARDIA AVE Modesto CA 95357 $26.00 079-010-001-000 HORLICK LUPE CASTILLO ET AL 609 WADDELL WAY Modesto CA 95357 $26.00 079-010-002-000 ORTEGA ANGEL GABRIEL 613 WADDELL WAY Modesto CA 95357-14 $26.00 079-010-003-000 WILLALPANDO KAREN 617 WADDELL WAY Modesto CA 95357 $26.00 079-010-004-000 LEWIS LA VONA L TR 621 WADDELL WAY Modesto CA 95357 $26.00 079-010-005-000 JOHAL TAJINDER & KAUR GURPREET 625 WADDELL WAY Modesto CA 95357-14 $26.00 079-010-006-000 BROWER PROPERTIES 2 LLC 629 WADDELL WAY Modesto CA 95351 $26.00 079-010-007-000 SUKHRAM RAAKHEE FELICIA 633 WADDELL WAY Modesto CA 95357 $26.00 079-010-008-000 OLVERA JOSE A & SILVIA E 637 WADDELL WAY Modesto CA 95357 $26.00 079-010-009-000 PRASAD BINESARI & SATYA W 3700 CREEDMOOR AVE Modesto CA 95357-1414 $26.00 079-010-010-000 LERINDEGUI JOYCE C ET AL 3704 CREEDMOOR AVE Modesto CA 95357 $26.00 079-010-011-000 TRIO DONNA M 3708 CREEDMOOR AVE Modesto CA 95357 $26.00 #11..
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Fee Parcel Owner Address City State Zip 2023/24 Ast.
079-010-012-000 PRASAD RAKESH 3712 CREEDMOOR AVE Modesto CA 95357 $26.00 079-010-013-000 ANTONIO MARIA ET AL 3716 CREEDMOOR AVE Modesto CA 95357-1414 $26.00 079-010-014-000 STOCKAND MIMI MARY TR 3720 CREEDMOOR AVE Modesto CA 95357-1414 $26.00 079-010-015-000 ANDRADE ALEX V ET AL 3724 CREEDMOOR AVE Modesto CA 95357 $26.00 079-010-016-000 GONZALES JOSEPH R 3728 CREEDMOOR AVE Modesto CA 95357-1417 $26.00 079-010-017-000 NELSON RONALD J 3732 CREEDMOOR AVE Modesto CA 95357 $26.00 079-010-018-000 GARIBAY GABRIELA & VICTOR ALVAREZ 3736 CREEDMOOR AVE Modesto CA 95357 $26.00 079-010-019-000 TORRES NAILELY RODRIGUEZ 3800 CREEDMOOR AVE Modesto CA 95357-1418 $26.00 079-010-020-000 AU-YEUNG CHI & AU-YEUNG TZE HING LAM 3804 CREEDMOOR AVE Modesto CA 95357-1418 $26.00 079-010-021-000 SALDANA BENJAMIN 3808 CREEDMOOR AVE Modesto CA 95357 $26.00 079-010-022-000 VELAZQUEZ RAUL & VELAZQUEZ MARIBEL 3812 CREEDMOOR AVE Modesto CA 95355 $26.00 079-010-023-000 XIAOKUN ZHI 3816 CREEDMOOR AVE Modesto CA 95357-1418 $26.00 079-010-024-000 AYALA JAOQUIN & BARTOLOTTO BENJAMIN 3900 CREEDMOOR AVE Modesto CA 95357 $26.00 079-010-025-000 JAMES GLORIA R 3904 CREEDMOOR AVE Modesto CA 95357 $26.00 079-010-026-000 RIVERA PAUL C & CARMEN 3908 CREEDMOOR AVE Modesto CA 95357 $26.00 079-010-027-000 KUMAR ABINESH 3912 CREEDMOOR AVE Modesto CA 95357 $26.00 079-010-028-000 NAMO ALEN 3916 CREEDMOOR AVE Modesto CA 95357 $26.00 079-010-029-000 DYRCZ JEFFREY LEE TR 636 CODINGTON WAY Modesto CA 95357 $26.00 079-010-030-000 BATTH GURMEET & MANJIT K 632 CODINGTON WAY Modesto CA 95357 $26.00 079-010-031-000 LYND RICHARD CARROLL 628 CODINGTON WAY Modesto CA 95357 $26.00 079-010-032-000 DOYLE MICHAEL JOSEPH ET AL 624 CODINGTON WAY Modesto CA 95357 $26.00 079-010-033-000 OROZCO VINCENT A & SABRINA E 620 CODINGTON WAY Modesto CA 95357 $26.00 079-010-034-000 KING VERONICA 3925 DILLINGHAM AVE Modesto CA 95357 $26.00 079-010-035-000 HALE DENNA MICHAEL ET AL TRS 3921 DILLINGHAM AVE Modesto CA 95357-1425 $26.00 079-010-036-000 CHARLES TIMOTHY M & CHARLES LISA A 3917 DILLINGHAM AVE Modesto CA 95357 $26.00 079-010-037-000 GALLEGOS ELIDIA 3913 DILLINGHAM AVE Modesto CA 95357-1425 $26.00 079-010-038-000 RAMIREZ JUAN J & RAQUEL COSIO 3909 DILLINGHAM AVE Modesto CA 95357 $26.00 079-010-039-000 MARIGMEN VALERIANO M 3905 DILLINGHAM AVE Modesto CA 95357 $26.00 079-010-040-000 VHAN SUNILA TR 3901 DILLINGHAM AVE Modesto CA 95357 $26.00 079-010-041-000 PERA ADRIAN C 3825 DILLINGHAM AVE Modesto CA 95357 $26.00 079-010-042-000 BRESHEARS DONALD K 3821 DILLINGHAM AVE Modesto CA 95357 $26.00 079-010-043-000 DELGADO MIGUEL 3817 DILLINGHAM AVE Modesto CA 95357 $26.00 079-010-044-000 JESUS MANUEL A & MARY L TRS 3813 DILLINGHAM AVE Modesto CA 95357 $26.00 079-010-045-000 LUGO ALEJANDRA 3809 DILLINGHAM AVE Modesto CA 95357-1423 $26.00 079-010-046-000 MAYA JUAN PABLO BEJARANO 3805 DILLINGHAM AVE Modesto CA 95357 $26.00 079-010-047-000 ALBARRAN ARUTRO S & ALBARRAN CELIA P 3801 DILLINGHAM AVE Modesto CA 95354 $26.00 079-010-048-000 GALLO MARTIN & GALLO BEATRIZ 3725 DILLINGHAM AVE Modesto CA 95357 $26.00 079-010-049-000 SANTOS LUZ MARIA 3721 DILLINGHAM AVE Modesto CA 95357 $26.00 079-010-050-000 PEREZ JOSE P & ROSA M 3717 DILLINGHAM AVE Modesto CA 95357 $26.00 079-010-051-000 KUMAR ASHOK 3713 DILLINGHAM AVE Modesto CA 95357 $26.00 #11..
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Fee Parcel Owner Address City State Zip 2023/24 Ast.
079-010-052-000 MADRIGAL ROBERT 3709 DILLINGHAM AVE Modesto CA 95357-1421 $26.00 079-010-053-000 GARDALI CHARLES J TR 3705 DILLINGHAM AVE Modesto CA 95357 $26.00 079-010-054-000 JIAO HUIYING TR 3701 DILLINGHAM AVE Modesto CA 95357 $26.00 079-011-001-000 MOUNBUA CHANH ET AL 3700 DILLINGHAM AVE Modesto CA 95354 $26.00 079-011-002-000 VARGAS EDWARD J & RACHELLE DEE TRS 3704 DILLINGHAM AVE Modesto CA 95357-1420 $26.00 079-011-003-000 LIANG JIN & CEN CHUNYAN 3708 DILLINGHAM AVE Modesto CA 95357 $26.00 079-011-004-000 KOOCHOU NINOUS & DOMARINA 3712 DILLINGHAM AVE Modesto CA 95357 $26.00 079-011-005-000 BAIJAN GEORGE & YOUNAN MARIAM 3716 DILLINGHAM AVE Modesto CA 95357 $26.00 079-011-006-000 RODRIGUEZ MARCELINO & RODRIGUEZ ELENA 3720 DILLINGHAM AVE Modesto CA 95357 $26.00 079-011-007-000 CHUANGS INVESTMENT INC 3724 DILLINGHAM AVE Modesto CA 95357 $26.00 079-011-008-000 ALVES JASON L 3800 DILLINGHAM AVE Modesto CA 95357-1422 $26.00 079-011-009-000 WONG SHERRE L TR 3804 DILLINGHAM AVE Modesto CA 95357 $26.00 079-011-010-000 COLIN JOSE LUIS FLORES & REMIGIO MARTHA MARISOL MA 3808 DILLINGHAM AVE Modesto CA 95357 $26.00 079-011-011-000 KINGSLEY AMBER NICOLE 3812 DILLINGHAM AVE Modesto CA 95357 $26.00 079-011-012-000 ESCOBAR EVELYN 3816 DILLINGHAM AVE Modesto CA 95351 $26.00 079-011-013-000 THOMPSON JAMES ROBERT JR 3820 DILLINGHAM AVE Modesto CA 95357 $26.00 079-011-014-000 CABRALES ALEJANDRO 3824 DILLINGHAM AVE Modesto CA 95357 $26.00 079-011-015-000 MARTINHO THERESA SILVA TR 3900 DILLINGHAM AVE Modesto CA 95357 $26.00 079-011-016-000 CONTRERAS JAVIER 3904 DILLINGHAM AVE Modesto CA 95357 $26.00 079-011-017-000 CABRERA MELINDA S 3908 DILLINGHAM AVE Modesto CA 95357-1424 $26.00 079-011-018-000 VASQUEZ ROSA 3912 DILLINGHAM AVE Modesto CA 95357 $26.00 079-011-019-000 BAXTER RACHEL 3916 DILLINGHAM AVE Modesto CA 95357 $26.00 079-011-020-000 MENDEZ JOSE ALVAREZ & TERESA JESUS 3920 DILLINGHAM AVE Modesto CA 95357 $26.00 079-011-021-000 SAENGSOURY TONY & SAENGSOURY MARY 3924 DILLINGHAM AVE Modesto CA 95357 $26.00 079-011-022-000 MARQUEZ ELIZABETH K & MARQUEZ RICHARD R 616 CODINGTON WAY Modesto CA 95357-1584 $26.00 079-011-023-000 TODD BRIAN EDWARD & TRISHA ANN 612 CODINGTON WAY Modesto CA 95357 $26.00 079-011-024-000 REGALADO JUAN 608 CODINGTON WAY Modesto CA 95357 $26.00 079-011-025-000 CEJA MIGUEL Y & BEATRICE 604 CODINGTON WAY Modesto CA 95357 $26.00 079-011-026-000 MORALES STACIE A 600 CODINGTON WAY Modesto CA 95357-1584 $26.00 079-011-027-000 BAUTISTA IRENE R TR 3925 ELLENBORO AVE Modesto CA 95357 $26.00 079-011-028-000 MUSQUEZ MACARIO F & LISA M 3921 ELLENBORO AVE Modesto CA 95357 $26.00 079-011-029-000 DOMINGUEZ NATALIA M ET AL 3917 ELLENBORO AVE Modesto CA 95357-1443 $26.00 079-011-030-000 MCKAY JAMES ALLEN & MARY LOU TRS 3913 ELLENBORO AVE Modesto CA 95357 $26.00 079-011-031-000 FERNANDEZ ELMA ET AL 3909 ELLENBORO AVE Modesto CA 95351-3528 $26.00 079-011-032-000 FANG SUSAN XIUYA 3905 ELLENBORO AVE Modesto CA 95357 $26.00 079-011-033-000 MANI GYANESH & SHAKUNTALA 3901 ELLENBORO AVE Modesto CA 95357 $26.00 079-011-034-000 LOVE JAMES H & BRENDA W TRS 3825 ELLENBORO AVE Modesto CA 95357 $26.00 079-011-035-000 LEVCHENKO LAURIE 3821 ELLENBORO AVE Modesto CA 95357 $26.00 079-011-036-000 KIRKBRIDE CHRISTOPHER CHARLES & LUISA R 3817 ELLENBORO AVE Modesto CA 95357 $26.00 079-011-037-000 GALLARDO CLAYTON LEON & VICTORIA SUSANNE 3813 ELLENBORO AVE Modesto CA 95357 $26.00 #11..
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2023-2024 Engineer’s Annual Report Page 21
Fee Parcel Owner Address City State Zip 2023/24 Ast.
079-011-038-000 PADILLA ROBERTO 3809 ELLENBORO AVE Modesto CA 95357-1441 $26.00 079-011-039-000 SPECK HALEY 3805 ELLENBORO AVE Modesto CA 95357 $26.00 079-011-040-000 ZAMORA ROBERTO CARLOS LULE & REZA PATRICIA 3801 ELLENBORO AVE Modesto CA 95357 $26.00 079-011-041-000 BRAZIL JOHN WARREN & MARY 3725 ELLENBORO AVE Modesto CA 95357 $26.00 079-011-042-000 MORRIS SAMUEL DAVID ET AL 3721 ELLENBORO AVE Modesto CA 95357 $26.00 079-011-043-000 LOPEZ DIANA MORENO 3717 ELLENBORO AVE Modesto CA 95357 $26.00 079-011-044-000 KEYGHALDI KARNAVAL & ESTER 3713 ELLENBORO AVE Modesto CA 95351-1439 $26.00 079-011-045-000 COSTA WILMA D & DAVID JR 3709 ELLENBORO AVE Modesto CA 95357 $26.00 079-011-046-000 BURCIU VASILE & TABITA 3705 ELLENBORO AVE Modesto CA 95357 $26.00 079-011-047-000 CHIHIL JOSEPHINE U TR 3701 ELLENBORO AVE Modesto CA 95357 $26.00 079-012-001-000 HONBERGER ROBERT & HONBERGER LISA 541 WADDELL WAY Modesto CA 95357 $26.00 079-012-002-000 BETYAGHOUB VILHAM & LINDA 545 WADDELL WAY Modesto CA 95357 $26.00 079-012-003-000 WONG SAI YING & LIXIAN KUANG TRS 549 WADDELL WAY Modesto CA 95357 $26.00 079-012-004-000 KUWAMOTO LARRY & BETTY TRS 553 WADDELL WAY Modesto CA 95357 $26.00 079-012-005-000 CHAND ATISH & REENA TRS 557 WADDELL WAY Modesto CA 95357 $26.00 079-012-006-000 PEERA ALBERTA 601 WADDELL WAY Modesto CA 95357 $26.00 079-012-007-000 SUAREZ-MILLAN THANIA A 3700 ELLENBORO AVE Modesto CA 95357 $26.00 079-012-008-000 ROMO YESENIA MARENTES 3704 ELLENBORO AVE Modesto CA 95357 $26.00 079-012-009-000 MOORE MICHAEL 3708 ELLENBORO AVE Modesto CA 95357 $26.00 079-012-010-000 KIDD BRIAN & KIDD KIMBERLY 3712 ELLENBORO AVE Modesto CA 95357 $26.00 079-012-011-000 ESTRADA JOSE & ALICIA 3716 ELLENBORO AVE Modesto CA 95357 $26.00 079-012-012-000 NUNEZ SANDRA SERRANO & JAVIER 3720 ELLENBORO AVE Modesto CA 95357 $26.00 079-012-013-000 MIRANDA CYNTHIA & MAGANA JOSE LUIS BARRAGAN 3724 ELLENBORO AVE Modesto CA 95357 $26.00 079-012-014-000 GILL HARMAIL & DARSHAN 3800 ELLENBORO AVE Modesto CA 95357 $26.00 079-012-015-000 BARRIENTOS JAVIER & ARCADIA 3804 ELLENBORO AVE Modesto CA 95357 $26.00 079-012-016-000 CORRAL SANDRA 3808 ELLENBORO AVE Modesto CA 95357 $26.00 079-012-017-000 CHUANG TINA Y 3812 ELLENBORO AVE Modesto CA 95357-1440 $26.00 079-012-018-000 AGAS JANELYN RUIZ & EDGAR AGNE 3816 ELLENBORO AVE Modesto CA 95357 $26.00 079-012-019-000 MADEROS KATHLEEN J 3820 ELLENBORO AVE Modesto CA 95357 $26.00 079-012-020-000 BRITZKE GARY T & BRITZKE PATRICIA L 3824 ELLENBORO AVE Modesto CA 95357-1440 $26.00 079-012-021-000 PENA BERNIE & PENA TREANNA 3900 ELLENBORO AVE Modesto CA 95357 $26.00 079-012-022-000 BP 4 LLC 3904 ELLENBORO AVE Modesto CA 95357 $26.00 079-012-023-000 SOLOMON JEAN M TR 3908 ELLENBORO AVE Modesto CA 95357 $26.00 079-012-024-000 BLACKWELL ROBERT ERIC & REBECCA 3912 ELLENBORO AVE Modesto CA 95357 $26.00 079-012-025-000 NAVARRETTE DANIEL & MONIQUE MARY 3916 ELLENBORO AVE Modesto CA 95357 $26.00 079-012-026-000 BARCELO PATRICIA 3920 ELLENBORO AVE Modesto CA 95357-1442 $26.00 079-012-027-000 SOLOMON BREANNA M ET AL 3924 ELLENBORO AVE Modesto CA 95357 $26.00 079-012-028-000 SALINAS ELIZABETH & ALBERT 556 CODINGTON WAY Modesto CA 95357 $26.00 079-012-029-000 AUSTIN BEVERLY 552 CODINGTON WAY Modesto CA 95357 $26.00 079-012-030-000 VALLADOLID RAMIRO & DE VALLADOLID MA CRUZ COBARRUB 548 CODINGTON WAY Modesto CA 95350 $26.00 #11..
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Landscape Maintenance Assessment District No. 1
2023-2024 Engineer’s Annual Report Page 22
Fee Parcel Owner Address City State Zip 2023/24 Ast.
079-012-031-000 CHAIREZ MICHAEL 544 CODINGTON WAY Modesto CA 95357 $26.00 079-012-032-000 TRICON SFR 2020-2 BORROWER LLC 540 CODINGTON WAY Modesto CA 95357 $26.00 079-012-033-000 MC CLELLAN BRYCE 3925 GATESVILLE AVE Modesto CA 95357 $26.00 079-012-034-000 WILDEMAN GALEN J TR 3921 GATESVILLE AVE Modesto CA 95354 $26.00 079-012-035-000 RATANA KAM & RATANA TIMOTHY 3917 GATESVILLE AVE Modesto CA 95357 $26.00 079-012-036-000 SORIA RUBEN & SORIA GLORIA L 3913 GATESVILLE AVE Modesto CA 95357 $26.00 079-012-037-000 ORNELAS GABRIEL M & KATLYN T 3909 GATESVILLE AVE Modesto CA 95357 $26.00 079-012-038-000 TORRES VICTOR MANUEL & PANTOJA MARIA 3905 GATESVILLE AVE Modesto CA 95357 $26.00 079-012-039-000 OLMOS GUADALUPE 3901 GATESVILLE AVE Modesto CA 95357 $26.00 079-012-040-000 GRAVES LINDA M 3825 GATESVILLE AVE Modesto CA 95357 $26.00 079-012-041-000 TUERS TERRY B & TUERS LENORE L 3821 GATESVILLE AVE Modesto CA 95357 $26.00 079-012-042-000 KINNE DONNELLY & SUSAN N TRS 3817 GATESVILLE AVE Modesto CA 95357 $26.00 079-012-043-000 AGUIRRE WILIBALDO PLANCARTE 3813 GATESVILLE AVE Modesto CA 95357 $26.00 079-012-044-000 BUSH CHARLES F & BUSH DONNA L 3809 GATESVILLE AVE Modesto CA 95357 $26.00 079-012-045-000 PENA JOSEPH 3805 GATESVILLE AVE Modesto CA 95354 $26.00 079-012-046-000 ODISHO CATHERINE ET AL 3801 GATESVILLE AVE Modesto CA 95357 $26.00 079-012-047-000 SHEPHERD NORMAN E & LISA N 3725 GATESVILLE AVE Modesto CA 95357-1445 $26.00 079-012-048-000 BARTHOLOMEW RUSSELL RAY 3721 GATESVILLE AVE Modesto CA 95357 $26.00 079-012-049-000 RUSSELL GARRICK 3717 GATESVILLE AVE Modesto CA 95357 $26.00 079-012-050-000 JENSEN STEVEN H & TONJA R 3713 GATESVILLE AVE Modesto CA 95357 $26.00 079-012-051-000 PATEL JAGUBHAI ET AL 3709 GATESVILLE AVE Modesto CA 95357 $26.00 079-012-052-000 NELSON LESTER J & NELSON CRESENCIA 3705 GATESVILLE AVE Modesto CA 95326 $26.00 079-012-053-000 MUTOZA CRAIG J 3701 GATESVILLE AVE Modesto CA 95357 $26.00 079-013-001-000 HERNANDEZ ELI U ET AL 521 WADDELL WAY Modesto CA 95357 $26.00 079-013-002-000 KING RACHELLE D VARGAS TR 525 WADDELL WAY Modesto CA 95357 $26.00 079-013-003-000 ROCHA JAMES JOHN TRS ET AL 529 WADDELL WAY Modesto CA 95354 $26.00 079-013-004-000 VANDERHEIDEN ROBIN 533 WADDELL WAY Modesto CA 95357 $26.00 079-013-005-000 CORREA ARMANDO M JR & IRMA A 537 WADDELL WAY Modesto CA 95356 $26.00 079-013-006-000 RIVERA GRISELDA 3700 GATESVILLE AVE Modesto CA 95357 $26.00 079-013-007-000 BATEMAN WALTER 3704 GATESVILLE AVE Modesto CA 95357 $26.00 079-013-008-000 BRINKMAN LYNN MARIE & RICKY DALE 3708 GATESVILLE AVE Modesto CA 95357 $26.00 079-013-009-000 REYES RENE ET AL 3712 GATESVILLE AVE Modesto CA 95357 $26.00 079-013-010-000 LE CANH & TIEU MY HA 3716 GATESVILLE AVE Modesto CA 95357-1444 $26.00 079-013-011-000 AYALA DIEGO ADRIAN ET AL 3720 GATESVILLE AVE Modesto CA 95357 $26.00 079-013-012-000 MARTINEZ MA MORA 3724 GATESVILLE AVE Modesto CA 95357 $26.00 079-013-013-000 MARTINEZ PEDRO & IRMA 3800 GATESVILLE AVE Modesto CA 95357-1446 $26.00 079-013-014-000 NEVAREZ JOSE JR 3804 GATESVILLE AVE Modesto CA 95357 $26.00 079-013-015-000 GOLIB VILMA 3808 GATESVILLE AVE Modesto CA 95357 $26.00 079-013-016-000 PARKINSON MARK & DIANNE 3812 GATESVILLE AVE Modesto CA 95357 $26.00 079-013-017-000 BROWN WILLIAM K & SHAMIRAN A 3816 GATESVILLE AVE Modesto CA 95357 $26.00 #11..
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Landscape Maintenance Assessment District No. 1
2023-2024 Engineer’s Annual Report Page 23
Fee Parcel Owner Address City State Zip 2023/24 Ast.
079-013-018-000 STELLER BERTHA G ET AL 3820 GATESVILLE AVE Modesto CA 95357 $26.00 079-013-019-000 TAPIA YER YANG ET AL 3824 GATESVILLE AVE Modesto CA 95357 $26.00 079-013-020-000 PHILLIPS AUDREY M 3900 GATESVILLE AVE Modesto CA 95357-1448 $26.00 079-013-021-000 ELLIOTT CRAIG 3904 GATESVILLE AVE Modesto CA 95357 $26.00 079-013-022-000 WADE THAREN SCOTT II 3908 GATESVILLE AVE Modesto CA 95357 $26.00 079-013-023-000 GUARDADO ARIEL 3912 GATESVILLE AVE Modesto CA 95357 $26.00 079-013-024-000 JOLLIFF GARTH E & COEY-JOLLIFF KATHERINE A TRS 3916 GATESVILLE AVE Modesto CA 95357 $26.00 079-013-025-000 BAXTER RACHEL A 3920 GATESVILLE AVE Modesto CA 95357 $26.00 079-013-026-000 EVANS GALEN 3924 GATESVILLE AVE Modesto CA 95357 $26.00 079-013-027-000 FARIAS ROBERTO F & ELIZABETH 536 CODINGTON WAY Modesto CA 95357 $26.00 079-013-028-000 MORENO EDUARDO MARTINEZ 532 CODINGTON WAY Modesto CA 95350-1575 $26.00 079-013-029-000 ZAVALA CLEMENTE JR & ZAVALA IRMA 528 CODINGTON WAY Modesto CA 95357-1412 $26.00 079-013-030-000 OCHOA SANJUANA 524 CODINGTON WAY Modesto CA 95357 $26.00 079-013-031-000 MIRANDA SERGIO & SANDRA C 520 CODINGTON WAY Modesto CA 95357-1412 $26.00 079-013-032-000 DELACRUZ JENNIFER ROBYN 3925 LAURENBURG AVE Modesto CA 95357-1455 $26.00 079-013-033-000 LE NHI UYEN 3921 LAURENBURG AVE Modesto CA 95357 $26.00 079-013-034-000 RODRIGUEZ MANUEL & MARIA E TRS 3917 LAURENBURG AVE Modesto CA 95357 $26.00 079-013-035-000 GUZMAN JONATHAN 3913 LAURENBURG AVE Modesto CA 95357-1455 $26.00 079-013-036-000 MEZA RICARDO ET AL 3909 LAURENBURG AVE Modesto CA 95357 $26.00 079-013-037-000 SHAMESALDIN JOHNY K & SHAMESALDIN MUNA M 3905 LAURENBURG AVE Modesto CA 95357 $26.00 079-013-038-000 JOSEPHSON JOSEPH CLAYTON 3901 LAURENBURG AVE Modesto CA 95357 $26.00 079-013-039-000 MELENDEZ MARIA & WALKER DANIEL 3825 LAURENBURG AVE Modesto CA 95357 $26.00 079-013-040-000 TREVINO TONY & GERALDINE 3821 LAURENBURG AVE Modesto CA 95357 $26.00 079-013-041-000 HERNANDEZ SALVADOR M & HERNANDEZ NILDA M 3817 LAURENBURG AVE Modesto CA 95357 $26.00 079-013-042-000 PINAL RAMIRO ET AL 3813 LAURENBURG AVE Modesto CA 95357 $26.00 079-013-043-000 AQUINO J GABRIEL MENDOZA & MENDOZA NIEVES 3809 LAURENBURG AVE Modesto CA 95357 $26.00 079-013-044-000 ATHNEIL GEORGE K & ATHNEIL INAAM M 3805 LAURENBURG AVE Modesto CA 95357 $26.00 079-013-045-000 ALVARADO ALFONSO F 3801 LAURENBURG AVE Modesto CA 95357 $26.00 079-013-046-000 DUNN JAY ALAN TR 3725 LAURENBURG AVE Modesto CA 95357 $26.00 079-013-047-000 WATKINS WALLY T & LAUREN A 3721 LAURENBURG AVE Modesto CA 95357 $26.00 079-013-048-000 CHAND VIJAY ET AL 3717 LAURENBURG AVE Modesto CA 95357 $26.00 079-013-049-000 SABINIANO MARLON N 3713 LAURENBURG AVE Modesto CA 95357 $26.00 079-013-050-000 OSHANA ASNAT 3709 LAURENBURG AVE Modesto CA 95357 $26.00 079-013-051-000 GARDUNO IRINEO ET AL 3705 LAURENBURG AVE Modesto CA 95357 $26.00 079-013-052-000 LOPEZ MARIO & LUZ ELVIRA 3701 LAURENBURG AVE Modesto CA 95357 $26.00 079-014-001-000 GARCIA MIGUEL & GARCIA MARIA 449 WADDELL WAY Modesto CA 95357 $26.00 079-014-002-000 CABAGNOT DOLORES R & FLYNN G 501 WADDELL WAY Modesto CA 95357 $26.00 079-014-003-000 CRUZ ZANDHER LYN ET AL 505 WADDELL WAY Modesto CA 95357 $26.00 079-014-004-000 WILSON KELLIE MICHELLE & RYAN CHRISTOPHER 509 WADDELL WAY Modesto CA 95357 $26.00 079-014-005-000 NOUN SAMNANG 513 WADDELL WAY Modesto CA 95357 $26.00 #11..
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Landscape Maintenance Assessment District No. 1
2023-2024 Engineer’s Annual Report Page 24
Fee Parcel Owner Address City State Zip 2023/24 Ast.
079-014-006-000 SANCHEZ JOSE L & MADRIGAL ALICIA 517 WADDELL WAY Modesto CA 95357 $26.00 079-014-007-000 BERNS KENNETH 3700 LAURENBURG AVE Modesto CA 95357 $26.00 079-014-008-000 BECERRA-BARRERA GERMAN & BECERRA LUISA G 3704 LAURENBURG AVE Modesto CA 95357 $26.00 079-014-009-000 MILTON JEANNIE 3708 LAURENBURG AVE Modesto CA 95357 $26.00 079-014-010-000 CASTRO GREGORY ALAN & BARBARA LYNN TRS 3712 LAURENBURG AVE Modesto CA 95357 $26.00 079-014-011-000 DIXON GARY W TR 3716 LAURENBURG AVE Modesto CA 95357 $26.00 079-014-012-000 AMES ADELE TR 3720 LAURENBURG AVE Modesto CA 95357 $26.00 079-014-013-000 WARNER JO ANNE TR 3724 LAURENBURG AVE Modesto CA 95357 $26.00 079-014-014-000 GARCIA THERESA L 3800 LAURENBURG AVE Modesto CA 95357 $26.00 079-014-015-000 BERGHORST REBECCA L ET AL 3804 LAURENBURG AVE Modesto CA 95354 $26.00 079-014-016-000 GLOVER KEITH R & MENDOZA ARACELI CORRAL 3808 LAURENBURG AVE Modesto CA 95357 $26.00 079-014-017-000 DHIR ASHIKA ET AL 3812 LAURENBURG AVE Modesto CA 95357 $26.00 079-014-018-000 JIMENEZ LUIS F ET AL 3816 LAURENBURG AVE Modesto CA 95357 $26.00 079-014-019-000 HUYNH NGOCDUNG THI ET AL 3820 LAURENBURG AVE Modesto CA 95357 $26.00 079-014-020-000 CASTANEDA JOSE J & MARGARET 3824 LAURENBURG AVE Modesto CA 95357 $26.00 079-014-021-000 GUZMAN MIRIAM & FLORES MARTIN 3900 LAURENBURG AVE Modesto CA 95357 $26.00 079-014-022-000 SEUGA HOWLAND P 3904 LAURENBURG AVE Modesto CA 95357 $26.00 079-014-023-000 TORRES JOSE DE JESUS & TORRES MARIA DOLORES 3908 LAURENBURG AVE Modesto CA 95357 $26.00 079-014-024-000 HO KAI-YIN SILAS & WANG LI 3912 LAURENBURG AVE Modesto CA 95357 $26.00 079-014-025-000 OAKLEY CHRISTOPHER PERRY & JACQUELINE 3916 LAURENBURG AVE Modesto CA 95357 $26.00 079-014-026-000 TRAN TRUYEN THANH & NGUYEN HUNG P 3920 LAURENBURG AVE Modesto CA 95357 $26.00 079-014-027-000 THOMPSON JAMIE ROBERTA 3924 LAURENBURG AVE Modesto CA 95357 $26.00 079-014-028-000 PIERCE FRANKLIN C & JODI L 516 CODINGTON WAY Modesto CA 95357 $26.00 079-014-029-000 PRASAD SURESH & PRASAD MUNI L 512 CODINGTON WAY Modesto CA 95357 $26.00 079-014-030-000 CASTELLANOS RIGOBERTO 508 CODINGTON WAY Modesto CA 95357 $26.00 079-014-031-000 ISHAK MAHER & ESHAK MADLIEN 504 CODINGTON WAY Modesto CA 95357-1412 $26.00 079-014-032-000 ROCHA ROBERTO T 500 CODINGTON WAY Modesto CA 95357 $26.00 079-014-033-000 ATWOOD BOBBY D 3925 WILKESBORO AVE Modesto CA 95357 $26.00 079-014-034-000 BEST JERROLIN E 3921 WILKESBORO AVE Modesto CA 95357 $26.00 079-014-035-000 WHITE LAWRENCE 3917 WILKESBORO AVE Modesto CA 95357 $26.00 079-014-036-000 BLACKWELL WILLIAM L JR & EVONI V 3913 WILKESBORO AVE Modesto CA 95357 $26.00 079-014-037-000 VACA ANDRES SERVIN 3909 WILKESBORO AVE Modesto CA 95357 $26.00 079-014-038-000 CHAU VINCENT 3905 WILKESBORO AVE Modesto CA 95357 $26.00 079-014-039-000 ROSAS CLAUDIA L & SAMUEL 3901 WILKESBORO AVE Modesto CA 95357 $26.00 079-014-040-000 YOUNG HOLLY M ET AL 3825 WILKESBORO AVE Modesto CA 95357 $26.00 079-014-041-000 FAMA JOSELITO & FAMA DOROTEA 3821 WILKESBORO AVE Modesto CA 95357 $26.00 079-014-042-000 CICERO THEODORE JR & CAROL 3817 WILKESBORO AVE Modesto CA 95357 $26.00 079-014-043-000 CABRERA THOMAS & CABRERA JANET S L 3813 WILKESBORO AVE Modesto CA 95357 $26.00 079-014-044-000 RIVERA LOUIS S & LOUELLA J TRS 3809 WILKESBORO AVE Modesto CA 95357 $26.00 079-014-045-000 HERNANDEZ PEDRO A AGUILAR ET AL 3805 WILKESBORO AVE Modesto CA 95357-1493 $26.00 #11..
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Landscape Maintenance Assessment District No. 1
2023-2024 Engineer’s Annual Report Page 25
Fee Parcel Owner Address City State Zip 2023/24 Ast.
079-014-046-000 ROGERS MEGAN ET AL 3801 WILKESBORO AVE Modesto CA 95357 $26.00 079-014-047-000 BATTAN KRISHAN RAAJ & MARIA TORRES 3725 WILKESBORO AVE Modesto CA 95357 $26.00 079-014-048-000 PAVLACKY TIMOTHY MICHAEL & LEANN SUE 3721 WILKESBORO AVE Modesto CA 95357 $26.00 079-014-049-000 BOUCHER GARY C & BOUCHER DENISE K 3717 WILKESBORO AVE Modesto CA 95357-1491 $26.00 079-014-050-000 POWLEY ANAMARIA 3713 WILKESBORO AVE Modesto CA 95357 $26.00 079-014-051-000 PRASAD GEORGE & PRASAD LALITA 3709 WILKESBORO AVE Modesto CA 95357-1491 $26.00 079-014-052-000 WARD JODY LEE & CHEN QIAO 3705 WILKESBORO AVE Modesto CA 95357 $26.00 079-014-053-000 BENJAMIN LINDA & EUGENE 3701 WILKESBORO AVE Modesto CA 95357 $26.00 079-016-001-000 COLLINS TOMMY S 440 WADDELL WAY Modesto CA 95357 $26.00 079-016-002-000 BIRD BYRON M 3704 WILKESBORO AVE Modesto CA 95357 $26.00 079-016-003-000 BARNES REECE WAYNE 3708 WILKESBORO AVE Modesto CA 95357 $26.00 079-016-004-000 BIERMAN ALLEN 3712 WILKESBORO AVE Modesto CA 95357 $26.00 079-016-005-000 PRASAD VIJAY 3716 WILKESBORO AVE Modesto CA 95357 $26.00 079-016-006-000 GONZALEZ JOSE 3720 WILKESBORO AVE Modesto CA 95357 $26.00 079-016-007-000 GONZALEZ JAIME J & SAUCEDA PERLA R 3800 WILKESBORO AVE Modesto CA 95357 $26.00 079-016-008-000 DINIS JORGE M 3804 WILKESBORO AVE Modesto CA 95357-1492 $26.00 079-016-009-000 CANCINO DANIEL DISU & FEDERICA BERNARTE TRS 3808 WILKESBORO AVE Modesto CA 95354-1024 $26.00 079-016-010-000 ROSALES JOSE L & FRANCO MARIA T 3812 WILKESBORO AVE Modesto CA 95357-1492 $26.00 079-016-011-000 STINHILVER WILLARD & STINHILVER MARLENE 3816 WILKESBORO AVE Modesto CA 95357 $26.00 079-016-012-000 CAMERON CHERYLE A 3820 WILKESBORO AVE Modesto CA 95357 $26.00 079-016-013-000 TORRES LUIS BENITEZ 3824 WILKESBORO AVE Modesto CA 95357 $26.00 079-016-014-000 LUZUNARIS MIGUEL ORLANDO 3900 WILKESBORO AVE Modesto CA 95357 $26.00 079-016-015-000 OU KANG YE & LIANG LIZHEN 3904 WILKESBORO AVE Modesto CA 95354 $26.00 079-016-016-000 VILLASENOR RICARDO & ANA L RAMINEZ DE 3908 WILKESBORO AVE Modesto CA 95357-1494 $26.00 079-016-017-000 MANSOUR ALEN M 3912 WILKESBORO AVE Modesto CA 95357 $26.00 079-016-018-000 SANTOS SABINO DE JESUS DE LOS 3916 WILKESBORO AVE Modesto CA 95357 $26.00 079-016-019-000 GUZMAN HORACIO GARNICA & ALICIA BARBOSA 3920 WILKESBORO AVE Modesto CA 95357 $26.00 079-016-020-000 SOLORIO SAMMY 3924 WILKESBORO AVE Modesto CA 95357 $26.00 079-016-021-000 SINGH AJESH & AACHAL 440 CODINGTON WAY Modesto CA 95357 $26.00 079-016-022-000 JOHNSON ALOMA J & VELTON JR 436 CODINGTON WAY Modesto CA 95357 $26.00 #11..
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

April 11, 2023
Date: March 3, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Interim Director of Community and Economic Development SUBJECT: Fiscal Year 2023-24 Engineer’s Annual Report for Landscape Maintenance Assessment District No. 2 (Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision, and Yosemite Meadows Subdivisions Units 1 and 2)
CONTACT: Peter Ibrahim, Infrastructure Financing Program Supervisor [email protected], 209-577-5211
DESCRIPTION:

Consider accepting the Fiscal Year 2023-24 Engineer’s Annual Report for Landscape Maintenance Assessment District No. 2 for Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision, and Yosemite Meadows Subdivisions Units 1 and 2; Notice of Intention to Levy and Collect Assessments for Landscape Maintenance Assessment District No. 2 for Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision, and Yosemite Meadows Subdivisions Units 1 and 2; and setting a Public Hearing on June 27, 2023 to Consider the Fiscal Year 2023-24 Levy and Collection of Assessments Within Landscape Maintenance Assessment District No. 2. (Funding Source: Landscape Maintenance District No. 2)
STRATEGIC PLAN ELEMENT:

The recommended action supports the City of Modesto’s 2020-2025 Strategic Plan Goal D:
focus to provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance and sustainability efforts.

BACKGROUND:

On April 4, 1989, the City formed Landscape Maintenance District No. 2 (LMAD No. 2). LMAD No. 2 provides funding for the landscape maintenance in the public right-of-way, street medians, and areas adjacent to the concrete block walls in Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision, and Yosemite Meadows Subdivisions Units 1 and 2. LMAD No. 2 is located on the northeast corner of Yosemite Boulevard and North McClure Road and is bounded by Yosemite Boulevard on the south, North McClure Road on the west, Yosemite #12..
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City Council, April 11, 2023
Fiscal Year 2023-24 Engineer’s Annual Report for Landscape Maintenance Assessment District No. 2 (Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision, and Yosemite Meadows Subdivisions Units 1 and 2)