Modesto City Council
August 8, 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, August 08, 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: Cindy Marks, Pray Modesto
City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session

ACKNOWLEDGEMENTS AND PRESENTATIONS

1. Proclamation declaring August 6 - 12, 2023 as National Health Center Week. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597, [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:
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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.

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 at the Modesto-Stanislaus Library Reference Room, 1500 I Street, Modesto, in the City Clerk’s Office, Sixth Floor, 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

2. Consider approving the minutes from the July 11, 2023 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
 Motion approving the minutes from the July 11, 2023 Council Meeting.

CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] - 4 -
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Consent

3. Consider approving Final Adoption of Ordinance 3766-C.S. amending title 8, chapter 3 of the Modesto Municipal Code to increase the City Manager’s authority for all Contracts and Purchases Orders from $50,000 to $100,000 for Goods/Services and $600,000 for Emergency Projects; increasing the formal bidding authority from $50,000 to $100,000; updating the list and increase the City Manager’s authority for Public Works Projects including the City Manager’s authority for Emergency Public Works contracts to $600,000; expanding the definition of Professional Services; and adding language to allow electronic bidding. (Funding Source: Not Applicable) Staff Recommendation:
 Motion approving Final Adoption of Ordinance 3766-C.S. amending title 8, chapter 3 of the Modesto Municipal Code to increase the City Manager’s authority for all Contracts and Purchases Orders from $50,000 to $100,000 for Goods/Services and $600,000 for Emergency Projects; increasing the formal bidding authority from $50,000 to $100,000; updating the list and increase the City Manager’s authority for Public Works Projects including the City Manager’s authority for Emergency Public Works contracts to $600,000; expanding the definition of Professional Services; and adding language to allow electronic bidding.

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

4. Consider approving Final Adoption of Ordinance 3767-C.S. amending the Modesto Municipal Code to repeal Article 18, “Regulation of Cruising,” in its entirety, from Chapter 2, “Vehicles and Traffic Regulations,” of Title 3, “Public Safety,” relating to the City’s cruising ban. (Funding Source: Not Applicable) Staff Recommendation:
 Motion approving Final Adoption of Ordinance 3767-C.S. amending the Modesto Municipal Code to repeal Article 18, “Regulation of Cruising,” in its entirety, from Chapter 2, “Vehicles and Traffic Regulations,” of Title 3, “Public Safety,” relating to the City’s cruising ban.

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

5. Consider approving Final Adoption of Ordinance 3768-C.S. amending the Modesto Municipal Code to add Article 21, titled “Sideshows, Street Races, and Reckless Driving Exhibition”, to Chapter 2, “Vehicles and Traffic Regulations,” to Title 3 “Public Safety”, to establish regulations and penalties related to sideshows, street races, and reckless driving exhibition. (Funding Source: Not Applicable) Staff Recommendation:
 Motion approving Final Adoption of Ordinance 3768-C.S. amending the Modesto Municipal Code to add Article 21, titled “Sideshows, Street Races, and Reckless Driving Exhibition”, to Chapter 2, “Vehicles and Traffic Regulations,” to Title 3 “Public Safety”, to establish regulations and penalties related to sideshows, street races, and reckless driving exhibition.

CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] - 5 -
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Consent

6. Consider acknowledging Receipt of Notification of the Annual Inflationary Adjustment for Development User Fees for Fiscal Year 2023-24. (Funding Source: Development User Fees)
Staff Recommendation:
 Resolution acknowledging Receipt of Notification of the Annual Inflationary Adjustment for Development User Fees for Fiscal Year 2023-24.

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

7. Consider approving a Purchase and Sale Agreement with Northern Suncrest Apartments, LLC for $21,600; a Grant Deed and Certificate of Acceptance for the Paradise Road ATP Cycle III Project. (Funding Source: Measure L) Staff Recommendation:
 Resolution approving a Purchase and Sale Agreement with Northern Suncrest Apartments, LLC for partial acquisition of a 935 square foot portion of real property, located at the intersection of Paradise Road and Chicago Avenue (APN 037-050-018), in the amount of $21,600, plus closing costs, for the Paradise Road ATP Cycle III Project, and authorizing the City Manager, or his designee, to execute the Purchase and Sale Agreement and all related documents required to complete the sale and close escrow.  Resolution approving a Grant Deed with Northern Suncrest Apartments, LLC for partial acquisition of a 935 square foot portion of real property, located at the intersection of Paradise Road and Chicago Avenue (APN 037-050-018), for the Paradise Road ATP Cycle III Project, and authorizing the City Manager, or his designee, to accept the Grant Deed.
 Resolution approving a Certificate of Acceptance for the Grant Deed, for partial acquisition of a 935 square foot portion of real property owned by Northern Suncrest Apartments, LLC, located at the intersection of Paradise Road and Chicago Avenue (APN 037-050-018), for the Paradise Road ATP Cycle III Project and authorizing the City Manager, or his designee, to sign the Certificate of Acceptance.

ENGINEERING SERVICES; Michael Sacuskie, 209-571-5552,
[email protected]
Consent

8. Consider accepting the Automatic Transfer Switch Replacement at Sutter Wastewater Treatment Plant Project as complete, releasing securities, and releasing payments totaling $677,224 to Clyde G. Steagall, Inc., of Loomis, CA. and authorizing the City Clerk to file a Notice of Completion. (Funding Source: Wastewater Fund) Staff Recommendation:
 Resolution accepting the Automatic Transfer Switch Replacement at Sutter Wastewater Treatment Plant Project as complete, releasing securities, and releasing payments totaling $677,224 to Clyde G. Steagall, Inc., of Loomis, CA., and authorizing the City Clerk to file a Notice of Completion.

ENGINEERING SERVICES; Peter Kambel, 209-577-5444, [email protected] - 6 -
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Consent

9. Consider accepting the High Voltage Improvements at Sutter Wastewater Treatment Plant Project as complete, releasing securities, and releasing payments totaling $313,873 to Clyde G. Steagall, Inc., of Loomis, CA. and authorizing the City Clerk to file a Notice of Completion. (Funding Source: Wastewater Fund) Staff Recommendation:
 Resolution accepting the High Voltage Improvements at Sutter Wastewater Treatment Plant Project as complete, releasing securities, and releasing payments totaling $313,873 to Clyde G. Steagall, Inc., of Loomis, CA., and authorizing the City Clerk to file a Notice of Completion.

ENGINEERING SERVICES; Peter Kambel, 209-577-5444, [email protected] Consent

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

FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
Consent

11. Consider accepting an Informational Report on the March and April 2023 Grant Applications and Awards. (Funding Source: Not Applicable) Staff Recommendation:
 Motion accepting an Informational Report for the March and April 2023 Grant Applications and Awards.

FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
Consent

12. Consider accepting the Monthly Investment Report for May 2023. (Funding Source:

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

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

13. Consider approving Task Order Number One for the Master Agreement for Consulting Services to VFA, Inc., an affiliate of The Gordian Group, Inc., (“VFA”), Greenville, SC for City of Modesto Facility Condition Assessment in an amount not to exceed $358,037 over a five-year period. (Funding Source: Measure H Funds) Staff Recommendation:
 Resolution approving Task Order Number One for the Master Agreement for - 7 -
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Consulting Services to VFA, Inc., an affiliate of The Gordian Group, Inc., (“VFA”), Greenville, SC for City of Modesto Facility Condition Assessment in an amount not to exceed $358,037 over a five-year period and authorizing the City Manager, or his designee, to execute the Master Agreement Task Order Number One.

PUBLIC WORKS; Patrick Crowley, 209-402-6812, [email protected] Consent

14. Consider approving two On-Call CEQA Environmental Planning and Compliance Services Agreements with GEI Consultants, of Rancho Cordova, CA, and Montrose Environmental, of Sacramento, CA for a total not to exceed $450,000 over three years. (Funding Source: Various Capital Improvement Program Projects) Staff Recommendation:
 Resolution approving an On-Call CEQA Environmental Planning and Compliance Services Agreement with GEI Consultants, of Rancho Cordova, CA, for one year, not to exceed $75,000, with two one-year extension options for a total cost not to exceed $225,000 over three years, and authorizing the City Manager, or his designee to execute the Agreement.  Resolution approving an On-Call CEQA Environmental Planning and Compliance Services Agreement with Montrose Environmental, of Sacramento, CA, for one year, not to exceed $75,000, with two one-year extension options for a total cost not to exceed $225,000 over three years, and authorizing the City Manager, or his designee to execute the Agreement.

UTILITIES; Jim Alves, 209-571-5557, [email protected] Consent

15. Consider approving two On-Call Agreements for Environmental Site Assessment Services with Atlas Consulting Group, of Modesto, CA, and Tetra Tech, of Rancho Cordova, CA for a total amount not to exceed $300,000 over three years. (Funding Source: Various Capital Improvement Program Projects)
Staff Recommendation:
 Resolution approving an On-Call Agreement for Environmental Site Assessment Services with Atlas Consulting Group, of Modesto, CA, for one year, not to exceed $50,000, with two one-year extension options for a total cost not to exceed $150,000 over three years, and authorizing the City Manager, or his designee to execute the Agreement.
 Resolution approving an On-Call Agreement for Environmental Site Assessment Services with Tetra Tech, of Rancho Cordova, CA for one year, not to exceed $50,000, with two one-year extension options for a total cost not to exceed $150,000 over three years, and authorizing the City Manager, or his designee to execute the Agreement.

UTILITIES; Jim Alves, 209-571-5557, [email protected] Consent

16. Consider approving a Purchasing Agreement with Univar Solutions, USA Inc., Kent, WA, and Hasa Inc., Saugus, CA, for the Purchase and Delivery of Wastewater - 8 -
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Treatment Chemicals for a total amount not to exceed $199,242 over one year. (Funding Source: Sewer Operations Fund)
Staff Recommendation:
 Resolution approving a Purchasing Agreement with Univar Solutions, USA Inc., Kent, WA, by utilizing the Competitive Bid Process with Bay Area Clean Water Agencies, for the Purchase and Delivery of Chemicals for Wastewater Treatment, for a one-year Agreement for a total amount not to exceed $65,325, and authorizing the Director of Finance, or her designee, to execute the Agreement.
 Resolution approving a Purchasing Agreement with Hasa Inc., Saugus, CA, by utilizing the Competitive Bid Process with Bay Area Clean Water Agencies, for the Purchase and Delivery of Chemicals for Wastewater Treatment, for a oneyear Agreement for a total amount not to exceed $133,917, and authorizing the Director of Finance, or her designee, to execute the Agreement.

UTILITIES; Jason Farnsworth, 209-577-6255, [email protected]

COUNCIL COMMENTS & REPORTS

CITY MANAGER COMMENTS & REPORTS

HEARINGS
Published in the Modesto Bee on July 19, 2023.

17. Hearing to consider the Proposal to Rezone properties located at 3431 and 3419 Millbrook Avenue from Specific Plan-Holding (SP-H) Zone to Specific Plan (SP) Zone, to allow two parcels totaling 4.98-acres to be subdivided into nine residential lots, with each lot being not less than 0.50-acres. (Funding Source: Development User Fees)
Staff Recommendation:
 Resolution finding that the Rezone of properties located at 3431 and 3419 Millbrook Avenue from Specific Plan-Holding Zone, SP-H, to Specific Plan Zone, SP, is within the scope of the project covered by the Modesto Urban Area General Plan Master Environmental Impact Report (SCH No. 2014042081).  Motion introducing and waiving the first reading of an Ordinance amending Section 12-03-09 of the Zoning Map of the City of Modesto to rezone properties located at 3431 and 3419 Millbrook Avenue from Specific PlanHolding Zone, SP-H, to Specific Plan Zone, SP.

CED; Diana Lowrance, 209-577-5302, [email protected] Published in the Modesto Bee on July 28, 2023

18. Hearing to consider approving the Application and Issuance of a Permit to Operate as a Non-Emergency Medical Transport Company to NorCal Ambulance in the City of Modesto. (Funding Source: General Fund)
Staff Recommendation:
 Resolution approving the Application of NorCal Ambulance, and authorizing the Issuance of a Permit to Operate as a Non-Emergency Medical Transport - 9 -
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Company in the City of Modesto.

POLICE DEPARTMENT; Bob Meredith, 209-572-9500, [email protected] Published in the Modesto Bee on July 28, 2023.

19. Hearing to consider an Ordinance amending Sections of Article 6 “Vacant and Boarded Buildings” of Title 9 “Building Regulations”, Chapter 9, “Property Maintenance Code,” of the Modesto Municipal Code, to enhance maintenance and security of vacant buildings and establishing a tiered fee schedule for the registration of vacant commercial buildings. (Funding Source: General Fund)
Staff Recommendation:
 Motion introducing and waiving the first reading of an Ordinance amending Sections of Article 6, “Vacant and Boarded Buildings” of Title 9 “Building Regulations”, Chapter 9, “Property Maintenance Code,” of the Modesto Municipal Code, to enhance maintenance and security of vacant buildings.  Resolution establishing a Tiered Fee Schedule for the Registration of Vacant Commercial Buildings.
 Resolution amending the position allocation for Fiscal Year 2023-24 as adopted in the Operating Budget to add one Code Enforcement Officer II to the Neighborhood Preservation Unit Division of the Modesto Police Department.  Resolution amending the Fiscal Year 2023-24 Annual Operating Budget to increase Measure H Funding for the additional Code Enforcement Officer being added to the Measure H – Neighborhood Preservation Unit Cost Center (19228) in the Measure H Fund (0160) in the amount of $93,708 and authorizing the City Manager to take the necessary steps to implement the required budget adjustments.

POLICE DEPARTMENT; Brian Kleiber, 209-572-9500, [email protected]

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
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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, AUGUST 08, 2023 AT 4:00 PM
and after 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 – EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: Estate of Kim Jackson et al. v. City of Modesto, et al.

United States Eastern District
Case No.: 1:21-cv-00415-AWI-EPG

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(a) of the Government Code) Name of case(s): Eduardo Corral v. City of Modesto
California Workers Compensation Appeals Board
Nos. ADJ13604168, ADJ7736988
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
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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 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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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, July 11, 2023 at 5:30 PM
Roll Call – Present: Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
Pledge of Allegiance to the Flag
Invocation: Stuart Welch, Life Connection Church
City Clerk’s Announcements: City Clerk announced that public comment was received for Item 34, and it was forwarded to the Council.

Declaration of Conflicts of Interest: None
Reports from Closed Session: City Attorney Sanchez reported that there was no reportable action taken.

ACKNOWLEDGEMENTS AND PRESENTATIONS

1. Presentation of Proclamation proclaiming August 1, 2023, as National Night Out. (Funding Source: Not Applicable)
POLICE; Brandon Gillespie, 209-572-9533, [email protected] ACTION: Mayor Zwahlen presented proclamation declaring August 1, 2023 as National Night Out.
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MISCELLANEOUS

2. Consider approving the appointments of Yelitza Pena to the role of Event Planning and Marketing Specialist and Michelle Buer to the role of Alternate Non-Permit Holder to the Entertainment Commission for a four-year term with term expiration of June 30, 2027. (Funding Source: Not Applicable)
Staff Recommendation:
 Resolution approving the appointments of Yelitza Pena to the role of Event Planning and Marketing Specialist and Michelle Buer to the role of Alternate Non-Permit Holder to the Entertainment Commission for a four-year term with term expiration of June 30, 2027.

CED; Jessica Hill, 209-577-5321, [email protected]
ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2023-324 approving the appointments of Yelitza Pena to the role of Event Planning and Marketing Specialist and Michelle Buer to the role of Alternate Non-Permit Holder to the Entertainment Commission for a four-year term with term expiration of June 30, 2027.

PUBLIC COMMENT PERIOD
 Eric Caine spoke about homelessness and the elderly. Most homeless people are local people and from our community. There has been a rise in homelessness that is also affecting the elderly due to increased rents and lack of housing.  Theresa Clutter spoke about the shooting of Paul Chavez and asked for justice. This Friday will be the one-year anniversary of this death.
 Derek Castle spoke about tents for the homeless and spoke about how tents could be a temporary option for the homeless. Tents are a better option for homeless than sleeping on the streets or in their cars. He asked why the homeless are not allowed to sleep in a tent.
 Brittoni Chavez spoke about the shooting of her husband, Paul Chavez Jr. She further commented about Officers Muncy and Valencia and asked for justice. She asked if the Community Police Review Board would be looking into the death of Paul Chavez, Jr.  Ron DeLoach, People of Action Council referenced the City of Modesto Housing Element dated June 16, 2023, and cited where it says 412 Vine Street was designated for the development of two apartment complexes for a total of 34 units project called Helen White Cottages. He further spoke about how many units would be dedicated to seniors and disabled military veterans. He stated that it was switched to behavioral health and recovery services. He stated that the rehab center would be next to a park where 8.5 million dollars is being invested. There trying to get people into the parks and not push them away. He asked why it was switched from military and senior housing to rehabilitation.
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 Patrick stated the City Council does not try and help anyone or address any situations.

He also commented that this Friday will be one year since Paul Chavez was killed. He further commented on Officers Muncy and Valencia and referenced the bodycam video of the shooting of Paul Chavez, Jr. He also cited free speech and civil rights.  Steve spoke about the Modesto Police Department. He stated that people like himself that work hard to fight against police corruption come to speak about incidents such as the shooting of Trevor Seever by Officer Lamantia and when Officer Muncy shot Paul Chavez, Jr. He also mentioned a situation that involved Officer Mertz responding to a mental health call.
 Dez Martinez, from We are Not Invisible “WANI” commented that she is with a father of an unhoused daughter that was ran over by a mower and died from her injuries. She stated that on Friday, Christine Chavez was asleep in the park when she was run over.

She spoke about the injuries and incident of that day. She further commented on the response of the Modesto Police Department. She asked why the father had to go out to the scene and find pieces of his daughter. She asked for an investigation to be opened and asked what the City of Modesto is going to do about addressing homelessness.  Ramon Rodriguez spoke about the death of Paul Chavez, Jr. He asked for accountability and spoke about Officers Valencia, Muncy and Espinoza. He also spoke about acts of excessive force and asked for justice for Trevor Seever and Paul Chavez, Jr.  Cristobal Chavez father of Christine Chavez stated that this weekend his daughter was killed in the park. He went to the park and found pieces of her remains. The police didn’t even tell him where she was at. He cannot even see the face of his daughter because she was killed by a tractor. The person driving the tractor should have seen her because he was a tractor driver. He knows how to drive a tractor. You can easily see a rock on the ground let alone a person laying down. He asked for justice and stated that he wants them to apprehend the person and the police be responsible because they were only at the scene for half an hour. It appears to him like there’s bad government in Modesto.
 John Lucas spoke about the homeless crisis in Modesto. The point in time count in January counted 441 unsheltered people in Modesto. The City does not have the resources and there needs to be a place where people can go where they have safety and a place to lay down and know they are not going to be roused out. He appreciates there is going to be an access center now. He's hoping the City Council and County have a safe place that allows people to have a safe place in the City.  Flavio from the California Low Rider Alliance stated that he wanted to applaud the City of Modesto, Chief of Police and the Council for working with the cruisers to move forward. He thanked the Council for moving forward with the repeal on the cruising ban. #2..
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CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS 3-32: (Williams/Alvarez; 7/0)

CONSENT
Consent

3. Consider approving the minutes from the June 27, 2023 Council Meeting. (Funding Source: Not Applicable)
 Motion approving the minutes from the June 27, 2023 Council Meeting.

CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Williams/Alvarez; 7/0) Motion approving the minutes from the June 27, 2023 Council Meeting.

Consent

4. Consider approving Final Adoption of Ordinance 3765-C.S. amending Section 2-1.18 and adding Section 2-1.28 to Chapter 1 of Title 2 of the Modesto Municipal Code regarding the Audit Committee. (Funding Source: Not Applicable)  Motion approving Final Adoption of Ordinance 3765-C.S. amending Section 2-

1.18 and adding Section 2-1.28 to Chapter 1 of Title 2 of the Modesto Municipal Code regarding the Audit Committee.

CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected] ACTION: (Williams/Alvarez; 7/0) Motion approving Final Adoption of Ordinance 3765-C.S. amending Section 2-1.18 and adding Section 2-1.28 to Chapter 1 of Title 2 of the Modesto Municipal Code regarding the Audit Committee.

Consent

5. Consider appointing a voting delegate to the 2023 League of California Cities Annual Conference to be held in Sacramento, CA on September 20-22, 2023; and approving the Second Amendment to the Mayor’s Appointments to the City of Modesto’s City Council Liaison Committees list for the 2023 calendar year. (Funding Source: Not Applicable)
 Motion approving Councilmember Alvarez as a voting delegate and Vice Mayor Ricci and City Manager Lopez as the alternates for the 2023 League of California Cities Annual Conference to be held in Sacramento, CA on September 20-22, 2023.
 Motion approving the Second Amendment to the Mayor’s Appointments to the City of Modesto’s City Council Liaison Committees list for the 2023 calendar year.

CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Williams/Alvarez; 7/0) Motion approving Councilmember Alvarez as a voting delegate and Vice Mayor Ricci and City Manager Lopez as the alternates for the 2023 League of California Cities Annual Conference to be held in Sacramento, CA on September 20-22, 2023.
#2..
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ACTION: (Williams/Alvarez; 7/0) Motion approving the Second Amendment to the Mayor’s Appointments to the City of Modesto’s City Council Liaison Committees list for the 2023 calendar year.

Consent

6. Consider approving a Legal Services Agreement with Norton Rose Fulbright US LLP, for continued representation in relation to financing matters, for an Agreement total not to exceed $450,000 and a Fifth Amendment to the Legal Services Agreement with Bartkiewicz, Kronick & Shanahan P.C. for a revised Agreement total not to exceed $292,300 for continued representation in water related matters. (Funding Source:

Redevelopment Successor Agency, General Fund, Employee Benefits Fund, Wastewater, Water, and Golf Fund))
 Resolution approving a Legal Services Agreement with Norton Rose Fulbright US LLP, for continued representation in relation to financing matters, for an Agreement total not to exceed $450,000 and authorizing the City Manager or his designee, to execute the Agreement.
 Resolution approving a Fifth Amendment to the Legal Services Agreement with Bartkiewicz, Kronick & Shanahan P.C. in the amount of $75,000, for a revised Agreement total not to exceed $292,300 for continued representation in water related matters and authorizing the City Manager or his designee, to execute the Agreement.

CITY ATTORNEY; Jose M. Sanchez, 209-577-5284, [email protected] ACTION: (Williams/Alvarez; 7/0) Resolution 2023-325 approving a Legal Services Agreement with Norton Rose Fulbright US LLP, for continued representation in relation to financing matters, for an Agreement total not to exceed $450,000 and authorizing the City Manager or his designee, to execute the Agreement.

ACTION: (Williams/Alvarez; 7/0) Resolution 2023-326 approving a Fifth Amendment to the Legal Services Agreement with Bartkiewicz, Kronick & Shanahan P.C. in the amount of $75,000, for a revised Agreement total not to exceed $292,300 for continued representation in water related matters and authorizing the City Manager or his designee, to execute the Agreement.

Consent

7. Consider approving the recommended Budget adjustments to Fiscal Year 2022-23 Annual Operating and Capital Improvement Program Budgets. (Funding Source:

Various Funds)
 Resolution amending Fiscal Year 2022-23 Annual Operating and Capital Improvement Project Fund Budgets and authorizing the City Manager, to make the necessary steps to implement the provisions of this Resolution.

BUDGET; Steve Christensen, 209-577-5390, [email protected] ACTION: (Williams/Alvarez; 7/0) Resolution 2023-327 amending Fiscal Year 2022- 23 Annual Operating and Capital Improvement Project Fund Budgets and authorizing #2..
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the City Manager, to make the necessary steps to implement the provisions of this Resolution.

Consent

8. Consider approving a ten-year lease Agreement with Stanislaus County Affordable Housing Corporation (STANCO) in the amount of $1 per year, for the property located at 308 Locust Street, for the operation of affordable housing. (Funding Source:

Community Development Block Grant Funds)
 Resolution approving a ten-year Lease Agreement with Stanislaus County Affordable Housing Corporation (STANCO) in the amount of $1 per year, for the property located at 308 Locust Street, for the operation of affordable housing and authorizing the City Manager or his designee to execute the Agreement.

CED; Edgar Garcia, 209-577-5211, [email protected] ACTION: (Williams/Alvarez; 7/0) Resolution 2023-328 approving a ten-year Lease Agreement with Stanislaus County Affordable Housing Corporation (STANCO) in the amount of $1 per year, for the property located at 308 Locust Street, for the operation of affordable housing and authorizing the City Manager or his designee to execute the Agreement.

Consent

9. Consider approving an Agreement with the Stanislaus Community Foundation for the implementation of the Stanislaus 2030 Investment Blueprint for a total amount not to exceed $225,000 over three years and approving an Agreement with Digital Nest to provide technical and professional skills to underserved youth for a total amount not to exceed $150,000 over three years. (Funding Source: American Rescue Plan Act Funds)  Resolution approving an Agreement with The Stanislaus Community Foundation for the implementation of the Stanislaus 2030 Investment Blueprint for a total amount not to exceed $225,000 over three years and approving an Agreement with Digital Nest to provide Technical and Professional Skills to underserved youth for a total amount not to exceed $150,000 over three years and authorizing the City Manager or his designee to execute the Agreements.

CED; Edgar Garcia, 209-577-5211, [email protected] ACTION: (Williams/Alvarez; 7/0) Resolution 2023-329 approving an Agreement with The Stanislaus Community Foundation for the implementation of the Stanislaus 2030 Investment Blueprint for a total amount not to exceed $225,000 over three years and approving an Agreement with Digital Nest to provide Technical and Professional Skills to underserved youth for a total amount not to exceed $150,000 over three years and authorizing the City Manager or his designee to execute the Agreements.

Consent

10. Consider approving a funding commitment for the development of 45 units at Morris Village (APN: 111005073) by Self-Help Enterprises for an amount not to exceed $3,500,000 in loans, $100,000 in activity delivery costs, for a grand total of $3,600,000 #2..
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to apply for the State of California Multifamily Housing Program. (Funding Source:

Permanent Local Housing Allocation and American Rescue Plan HOME Investment Partnership)
 Resolution approving a funding commitment for the development of 45 units at Morris Village (APN: 111005073) by Self-Help Enterprises for an amount not to exceed $3,500,000 in loans, $100,000 in activity delivery costs for a grand total of $3,600,000 to apply for the State of California Multifamily Housing Program and authorizing the City Manager or his designee to execute any documentation to support the City’s commitment.

CED; Edgar Garcia, 209-577-5211, [email protected] ACTION: (Williams/Alvarez; 7/0) Resolution 2023-330 approving a funding commitment for the development of 45 units at Morris Village (APN: 111005073) by Self-Help Enterprises for an amount not to exceed $3,500,000 in loans, $100,000 in activity delivery costs for a grand total of $3,600,000 to apply for the State of California Multifamily Housing Program and authorizing the City Manager or his designee to execute any documentation to support the City’s commitment.

Consent

11. Consider approving the Consultant Services Agreement with De Novo Planning Group for Environmental Planning Services, for a total amount not to exceed $900,000 over five years. (Funding Source: Developer Fees)
 Resolution approving the Consultant Services Agreement with De Novo Planning Group for Environmental Planning Services, for a two (2) year Agreement with three (3) one-year extension options, for a total amount not to exceed $900,000 over five years and authorizing the City Manager or his designee to execute the Consultant Services Agreement.

CED; Peter Ibrahim, 209-577-5211, [email protected] ACTION: (Williams/Alvarez; 7/0) Resolution 2023-331 approving the Consultant Services Agreement with De Novo Planning Group for Environmental Planning Services, for a two-year Agreement with three one-year extension options, for a total amount not to exceed $900,000 over five years and authorizing the City Manager or his designee to execute the Consultant Services Agreement.

Consent

12. Consider approving the First Amendment to the Professional Services Agreement with Kosmont Companies, for an Enhanced Infrastructure Financing District (EIFD) Feasibility Study, increasing the not to exceed amount of the Agreement by $150,266 from $49,734 for a new total amount of $200,000. (Funding Source: American Rescue Plan Act (ARPA) Funds)
 Resolution approving the First Amendment to the Professional Services Agreement with Kosmont Companies, for an Enhanced Infrastructure Financing District (EIFD) Feasibility Study, increasing the not to exceed amount of the Agreement by $150,266 from $49,734 for a new total amount of $200,000; and authorizing the City Manager, or his designee to execute the #2..
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amendment.

CED; Robert Kimball, 209-571-5540, [email protected] ACTION: (Williams/Alvarez; 7/0) Resolution 2023-332 approving the First Amendment to the Professional Services Agreement with Kosmont Companies, for an Enhanced Infrastructure Financing District (EIFD) Feasibility Study, increasing the not to exceed amount of the Agreement by $150,266 from $49,734 for a new total amount of $200,000; and authorizing the City Manager, or his designee to execute the amendment.

Consent

13. Consider accepting the Public Improvements of Villa D'Este Subdivision located in Village One, east of Roselle Avenue and north of Kodiak Drive and releasing securities upon expiration of statutory periods. (Funding Source: Not Applicable)  Resolution accepting the public improvements for Villa D'Este Subdivision, located east of Roselle Avenue and north of Kodiak Drive, authorizing the City Clerk to file a Notice of Completion with the Stanislaus County Recorder’s Office, and to release securities upon expiration of statuary periods.

ENGINEERING SERVICES; Toby Wells, 209-571-5542, [email protected] ACTION: (Williams/Alvarez; 7/0) Resolution 2023-333 accepting the public improvements for Villa D'Este Subdivision, located east of Roselle Avenue and north of Kodiak Drive, authorizing the City Clerk to file a Notice of Completion with the Stanislaus County Recorder’s Office, and to release securities upon expiration of statuary periods.

Consent

14. Consider accepting the Public Improvements of Woodglen Subdivision Village One and Woodglen Subdivision Village Three located at an area bounded by Pelandale Avenue, Carver Road, Bangs Avenue, and Tully Road and releasing securities upon expiration of statutory periods. (Funding Source: Not Applicable)  Resolution accepting the public improvements for Woodglen Subdivision Village One Subdivision, located an area bounded by Pelandale Avenue, Carver Road, Bangs Avenue, and Tully Road, authorizing the City Clerk to file a Notice of Completion with the Stanislaus County Recorder’s Office, and to release securities upon expiration of statuary periods.  Resolution accepting the public improvements for Woodglen Subdivision Village Three Subdivision, located an area bounded by Pelandale Avenue, Carver Road, Bangs Avenue, and Tully Road, authorizing the City Clerk to file a Notice of Completion with the Stanislaus County Recorder’s Office, and to release securities upon expiration of statuary periods.

ENGINEERING SERVICES; Toby Wells, 209-571.5542, [email protected] ACTION: (Williams/Alvarez; 7/0) Resolution 2023-334 accepting the public improvements for Woodglen Subdivision Village One Subdivision, located an area bounded by Pelandale Avenue, Carver Road, Bangs Avenue, and Tully Road, #2..
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authorizing the City Clerk to file a Notice of Completion with the Stanislaus County Recorder’s Office, and to release securities upon expiration of statuary periods.

ACTION: (Williams/Alvarez; 7/0) Resolution 2023-335 accepting the public improvements for Woodglen Subdivision Village Three Subdivision, located an area bounded by Pelandale Avenue, Carver Road, Bangs Avenue, and Tully Road, authorizing the City Clerk to file a Notice of Completion with the Stanislaus County Recorder’s Office, and to release securities upon expiration of statuary periods.

Consent

15. Consider approving the Amended and Restated Measure L Regional Control Project Cooperative Agreement with Stanislaus Council of Governments (StanCOG) for the Project Initiation Document (PID) and Project Approval and Environmental Document (PAED) Phases of the Standiford Avenue at State Route 99 Interchange Improvement Project. (Funding Source: Capital Facilities Fees (CFF) and Regional Measure L funds)  Resolution approving the Amended and Restated Measure L Regional Control Project Cooperative Agreement with Stanislaus Council of Governments (StanCOG) for the Project Initiation Document (PID) and Project Approval and Environmental Document (PAED) Phases of the Standiford Avenue at State Route 99 Interchange Improvement Project and authorizing the City Manager, or his designee, to execute the Agreement.

ENGINEERING SERVICES; Toby Wells, 209-571-5542, [email protected] ACTION: (Williams/Alvarez; 7/0) Resolution 2023-336 approving the Amended and Restated Measure L Regional Control Project Cooperative Agreement with Stanislaus Council of Governments (StanCOG) for the Project Initiation Document (PID) and Project Approval and Environmental Document (PAED) Phases of the Standiford Avenue at State Route 99 Interchange Improvement Project and authorizing the City Manager, or his designee, to execute the Agreement.

Consent

16. Consider approving the Amended and Restated Measure L Regional Control Project Cooperative Agreement with Stanislaus Council of Governments (StanCOG) for the Project Initiation Document (PID) and Project Approval and Environmental Document (PAED) Phases of the Briggsmore Avenue at State Route 99 Interchange Reconstruction Project including additional $2,000,000 in Regional Measure L funding and authorizing all task items of work for the AECOM Design Services Agreement. (Funding Source: Regional Surface Transportation Funds (RSTP) and Regional Measure L funds)
 Resolution approving the Amended and Restated Measure L Regional Control Project Cooperative Agreement with Stanislaus Council of Governments (StanCOG) for the Project Initiation Document (PID) and Project Approval and Environmental Document (PAED) Phases of the Briggsmore Avenue at State Route 99 Interchange Reconstruction Project, including additional $2,000,000 in Regional Measure L funding, and authorizing the City Manager, or his designee, to execute the Agreement, and authorizing all task items of work for #2..
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the AECOM Design Services Agreement
ENGINEERING SERVICES; Toby Wells, 209-571-5542, [email protected] ACTION: (Williams/Alvarez; 7/0) Resolution 2023-337 approving the Amended and Restated Measure L Regional Control Project Cooperative Agreement with Stanislaus Council of Governments (StanCOG) for the Project Initiation Document (PID) and Project Approval and Environmental Document (PAED) Phases of the Briggsmore Avenue at State Route 99 Interchange Reconstruction Project, including additional $2,000,000 in Regional Measure L funding, and authorizing the City Manager, or his designee, to execute the Agreement, and authorizing all task items of work for the AECOM Design Services Agreement
Consent

17. Consider approving three Agreements for On-Call Land Surveying Services with Siegfried Engineering, Inc., of Modesto, CA., NorthStar Engineering, Inc., of Modesto, CA., and O’Dell Engineering of Modesto, CA., for a one-year Agreement with two (2) one-year extension options, for an annual estimated amount of $75,000 per consultant, and a total amount not to exceed $225,000 per consultant over three years. (Funding Source: Various Capital Improvement Program Projects)
 Resolution approving an Agreement with Siegfried Engineering, Inc., Modesto, CA., for On-Call Land Surveying Services for a one-year Agreement with two one-year extension options, for an annual estimated amount of $75,000, and a total amount not to exceed $225,000 per consultant over three years, and authorizing the City Manager, or his designee, to execute the Agreement.  Resolution approving an Agreement with NorthStar Engineering, Inc., Modesto, CA., for On-Call Land Surveying Services for a one-year Agreement with two one-year extension options, for an annual estimated amount of $75,000, and a total amount not to exceed $225,000 per consultant over three years, and authorizing the City Manager, or his designee, to execute the Agreement.
 Resolution approving an Agreement with O’Dell Engineering, Inc., Modesto, CA., for On-Call Land Surveying Services for a one-year Agreement with two one-year extension options, for an annual estimated amount of $75,000, and a total amount not to exceed $225,000 per consultant over three years, and authorizing the City Manager, or his designee, to execute the Agreement.

ENGINEERING SERVICES; Peter Kambel, 209-577-5444, [email protected] ACTION: (Williams/Alvarez; 7/0) Resolution 2023-338 approving an Agreement with Siegfried Engineering, Inc., Modesto, CA., for On-Call Land Surveying Services for a one-year Agreement with two one-year extension options, for an annual estimated amount of $75,000, and a total amount not to exceed $225,000 per consultant over three years, and authorizing the City Manager, or his designee, to execute the Agreement.

ACTION: (Williams/Alvarez; 7/0) Resolution 2023-339 approving an Agreement with NorthStar Engineering, Inc., Modesto, CA., for On-Call Land Surveying Services #2..
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for a one-year Agreement with two one-year extension options, for an annual estimated amount of $75,000, and a total amount not to exceed $225,000 per consultant over three years, and authorizing the City Manager, or his designee, to execute the Agreement.

ACTION: (Williams/Alvarez; 7/0) Resolution 2023-340 approving an Agreement with O’Dell Engineering, Inc., Modesto, CA., for On-Call Land Surveying Services for a one-year Agreement with two one-year extension options, for an annual estimated amount of $75,000, and a total amount not to exceed $225,000 per consultant over three years, and authorizing the City Manager, or his designee, to execute the Agreement.

Consent

18. Consider approving the purchase for various Fleet Replacements and Additions for Fleet Vehicles which includes three (3) One-Ton Trucks, two (2) Loaders with Claw Attachment, one (1) Grapple Loader Truck, and one (1) Stump Grinder in the amount not to exceed $1,011,344. (Funding Source: Fleet Replacement Fund, American Rescue Plan Act and Measure H)
 Resolution approving the Award of Bid for the purchase of three (3) One-Ton Trucks to American Chevrolet, Modesto, CA for a total amount not to exceed $214,251, and authorizing the Purchasing Manager, or her designee, to execute the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any change orders not to exceed 15% of the total purchase price.  Resolution approving the competitive bidding process from Sourcewell to Caterpillar Inc. under the authorized dealer Holt to California, Stockton, CA, for Two (2) Loaders with Claw Attachment for an amount not to exceed $291,388; 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 15% of the total purchase price.  Resolution approving the competitive bidding process from Sourcewell with Municipal Maintenance Equipment, Sacramento, CA to purchase One (1) Grapple Loader Truck for an amount not to exceed $284,236; 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 15% of the total purchase price.
 Resolution approving the competitive bidding process from Sourcewell with Manufacture Bandit Industries, Inc. under the authorized dealer Cal-Line Equipment Inc, Livermore, CA to purchase one (1) Stump Grinder for an amount not to exceed $89,554; 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 15% of the total purchase price.

FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] ACTION: (Williams/Alvarez; 7/0) Resolution 2023-341 approving the Award of Bid for the purchase of three (3) One-Ton Trucks to American Chevrolet, Modesto, CA for #2..
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a total amount not to exceed $214,251, and authorizing the Purchasing Manager, or her designee, to execute the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any change orders not to exceed 15% of the total purchase price.

ACTION: (Williams/Alvarez; 7/0) Resolution 2023-342 approving the competitive bidding process from Sourcewell to Caterpillar Inc. under the authorized dealer Holt to California, Stockton, CA, for Two (2) Loaders with Claw Attachment for an amount not to exceed $291,388; 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 15% of the total purchase price.

ACTION: (Williams/Alvarez; 7/0) Resolution 2023-343 approving the competitive bidding process from Sourcewell with Municipal Maintenance Equipment, Sacramento, CA to purchase One (1) Grapple Loader Truck for an amount not to exceed $284,236; 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 15% of the total purchase price.

ACTION: (Williams/Alvarez; 7/0) Resolution 2023-344 approving the competitive bidding process from Sourcewell with Manufacture Bandit Industries, Inc. under the authorized dealer Cal-Line Equipment Inc, Livermore, CA to purchase one (1) Stump Grinder for an amount not to exceed $89,554; 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 15% of the total purchase price.

Consent

19. Consider accepting an informational report for the May 2023 Accounts Payable Payment Register and Void report. (Funding Source: Not Applicable)  Motion accepting an informational report for the May 2023 Accounts Payable Payment Register and Void report.

FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Williams/Alvarez; 7/0) Motion accepting an informational report for the May 2023 Accounts Payable Payment Register and Void report.

Consent

20. Consider accepting the Monthly Investment Report for April 2023. (Funding Source:

Various Funds)
 Motion accepting the Monthly Investment Report for April 2023.

FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
ACTION: (Williams/Alvarez; 7/0) Motion accepting the Monthly Investment Report #2..
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for April 2023.

Consent

21. Consider an Ordinance amending sections of Title 8, Chapter 3 of the Modesto Municipal Code to increase the City Manager’s authority for all contracts and purchase orders from $50,000 to $100,000 for goods/services and $600,000 for emergency projects; increasing the formal bidding authority from $50,000 to $100,000; updating the list and increasing the City Manager’s authority for public works projects including the City Manager’s authority for emergency public works contracts to $600,000; expanding the definition of professional services; and adding language to allow for electronic bidding. (Funding Source: Not Applicable)
 Motion introducing and waiving the first reading of an Ordinance amending sections of Title 8, Chapter 3 of the Modesto Municipal Code to increase the City Manager’s authority for all contracts and purchase orders from $50,000 to $100,000 for goods/services and $600,000 for emergency projects; increasing the formal bidding authority from $50,000 to $100,000; updating the list and increase the City Manager’s authority for public works projects including the City Manager’s authority for emergency public works contracts to $600,000; expanding the definition of professional services; and adding language to allow for electronic bidding.

FINANCE DEPARTMENT; DeAnna Christensen, 209-577-5387,
[email protected]
ACTION: (Williams/Alvarez; 7/0) Motion introducing and waiving the first reading of Ordinance 3766-C.S. amending sections of Title 8, Chapter 3 of the Modesto Municipal Code to increase the City Manager’s authority for all contracts and purchase orders from $50,000 to $100,000 for goods/services and $600,000 for emergency projects; increasing the formal bidding authority from $50,000 to $100,000; updating the list and increase the City Manager’s authority for public works projects including the City Manager’s authority for emergency public works contracts to $600,000; expanding the definition of professional services; and adding language to allow for electronic bidding.

Consent

22. Consider approving the Award of Proposal and Agreement for the purchase of ONEVIEW Enterprise Citizen Request Management application, to Granicus, LLC, Saint Paul, MN for a two (2) year Agreement with three (3) subsequent one-year extension options for a total of five (5) years in an amount not to exceed $299,364. (Funding Source: Information Technology Fund)
 Resolution approving the Award of Proposal and Agreement for the purchase of ONEVIEW Enterprise Citizen Request Management application to Granicus, LLC., Saint Paul, MN for a two (2) year Agreement with three (3) subsequent one-year extension options for a total of five (5) years for an annual estimated amount of $59,873 and a total amount not to exceed $299,364 over five years; and authorizing the City Manager or designee to execute the Agreement.

IT; James Dotson, 209-571-5508, [email protected] #2..
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ACTION: (Williams/Alvarez; 7/0) Resolution 2023-345 approving the Award of Proposal and Agreement for the purchase of ONEVIEW Enterprise Citizen Request Management application to Granicus, LLC., Saint Paul, MN for a two (2) year Agreement with three (3) subsequent one-year extension options for a total of five (5) years for an annual estimated amount of $59,873 and a total amount not to exceed $299,364 over five years; and authorizing the City Manager or designee to execute the Agreement.

Consent

23. Consider approving the Plans and Specifications for the Tuolumne River Regional Park (TRRP) Non-Motorized Boat Launch Project located at Neece Drive, accepting the Bid and approving a Construction Contract with Harris Builders, Inc. of Hilmar, CA. for a total amount not to exceed $1,791,671 and approving payment in an amount not to exceed $70,000 to the National Fish and Wildlife Foundation to mitigate for the loss of critical fish habitat. (Funding Source: TRRP CIP Fund, Parks CFF Fund, and NonMotorized Boating Facilities Grant Program Funds)  Resolution approving the Plans and Specifications for the Tuolumne River Regional Park (TRRP) Non-Motorized Boat Launch Project located at Neece Drive, accepting the Bid and approving a Construction Contract with Harris Builders, Inc. of Hilmar, CA., in the amount of $1,658,955 plus $132,716 in contingency (if needed), for a total amount not to exceed $1,791,671 and authorizing the City Manager, or his designee, to execute the Contract.  Resolution approving a payment not to exceed $70,000, to the National Fish and Wildlife Foundation to mitigate for the loss of critical fish habitat due to the construction of the TRRP Non-Motorized Boat Launch Project and authorizing for the City Manager, or his designee, to sign all necessary documentation to secure the permits for the construction of this project.  Resolution amending the Fiscal Year 2023-2024 Capital Improvement Program Budget to fund Project #101071 (TRRP Neece Drive Boat Launch) in an amount not to exceed $1,440,000 in transfers, revenue, and to budget expenditures to fully 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]
ACTION: (Williams/Alvarez; 7/0) Resolution 2023-346 approving the Plans and Specifications for the Tuolumne River Regional Park (TRRP) Non-Motorized Boat Launch Project located at Neece Drive, accepting the Bid and approving a Construction Contract with Harris Builders, Inc. of Hilmar, CA., in the amount of $1,658,955 plus $132,716 in contingency (if needed), for a total amount not to exceed $1,791,671 and authorizing the City Manager, or his designee, to execute the Contract.

ACTION: (Williams/Alvarez; 7/0) Resolution 2023-347 approving a payment not to exceed $70,000, to the National Fish and Wildlife Foundation to mitigate for the loss of critical fish habitat due to the construction of the TRRP Non-Motorized Boat Launch Project and authorizing for the City Manager, or his designee, to sign all #2..
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necessary documentation to secure the permits for the construction of this project.

ACTION: (Williams/Alvarez; 7/0) Resolution 2023-348 amending the Fiscal Year 2023-2024 Capital Improvement Program Budget to fund Project #101071 (TRRP Neece Drive Boat Launch) in an amount not to exceed $1,440,000 in transfers, revenue, and to budget expenditures to fully fund the project, and authorizing the City Manager, or his designee, to implement the provisions of this Resolution.

Consent

24. Consider approving the Parks, Recreation and Neighborhoods Department revised spending plan for the use of Phase 1 American Rescue Plan Act (ARPA) funds in the amount of $750,000 for Park Improvements in Tuolumne River Regional Park (TRRP). (Funding Source: American Rescue Plan Act Funding)
 Resolution approving the Parks, Recreation and Neighborhoods revised spending plan for the use of American Rescue Plan Act (ARPA) funds in the amount of $750,000 for Park Improvements in Tuolumne River Regional Park (TRRP) and authorizing the City Manager, or his designee, to take the necessary steps to implement the provisions of this Resolution.

PRN; Nathan Houx, 209-571-5526, [email protected]
ACTION: (Williams/Alvarez; 7/0) Resolution 2023-349 approving the Parks, Recreation and Neighborhoods revised spending plan for the use of American Rescue Plan Act (ARPA) funds in the amount of $750,000 for Park Improvements in Tuolumne River Regional Park (TRRP) and authorizing the City Manager, or his designee, to take the necessary steps to implement the provisions of this Resolution.

Consent

25. Consider approving the purchase of playground equipment for The Awesome Spot Playground from Landscape Structures, Inc., of Delano, MN, for a total amount not to exceed $226,786. (Funding Source: American Rescue Plan Act Funding)  Resolution approving the Competitive Bidding Process from Sourcewell (formerly National Joint Powers Alliance) who completed the bid and the State of California Multiple Award Schedule (CMAS) with Landscape Structures, Inc. for the Purchase and Delivery of playground equipment for The Awesome Spot Playground at Beyer Community Park, for a total amount not to exceed $226,786, and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.

PRN; Nathan Houx, 209-571-5526, [email protected]
ACTION: (Williams/Alvarez; 7/0) Resolution 2023-350 approving the Competitive Bidding Process from Sourcewell (formerly National Joint Powers Alliance) who completed the bid and the State of California Multiple Award Schedule (CMAS) with Landscape Structures, Inc. for the Purchase and Delivery of playground equipment for The Awesome Spot Playground at Beyer Community Park, for a total amount not to exceed $226,786, and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.
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Consent

26. Consider approving a Second 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 and Public Works Department for a one-time increase of $600,000 to year two of the Agreement for a year two total of $1,200,000, and for a total revised amount not to exceed $2,200,000 over the term of the Agreement. (Funding Source: Measure H)  Resolution approving a Second 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 and Public Works Department for a one-time increase of $600,000 to year two of the Agreement for a year two total of $1,200,000, and for a total revised amount not to exceed $2,200,000 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]
ACTION: (Williams/Alvarez; 7/0) Resolution 2023-351 approving a Second 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 and Public Works Department for a onetime increase of $600,000 to year two of the Agreement for a year two total of $1,200,000, and for a total revised amount not to exceed $2,200,000 over the term of the Agreement and authorizing the City Manager, or his designee, to execute the Amendment.

Consent

27. Consider approving the First Amendment to the Memorandum of Understanding with the King-Kennedy Memorial Center Board of Directors to increase the total financial support by $6,000, from $22,000 to $28,000 by the City. (Funding Source: General Fund)
 Resolution approving the First Amendment to the Memorandum of Understanding with the King-Kennedy Memorial Center Board of Directors to increase the total financial support by $6,000, from $22,000 to $28,000 by the City, and authorizing the City Manager or his designee to execute the First Amendment.

PRN; Ashley Weaver, 209-577-5428, [email protected] ACTION: (Williams/Alvarez; 7/0) Resolution 2023-352 approving the First Amendment to the Memorandum of Understanding with the King-Kennedy Memorial Center Board of Directors to increase the total financial support by $6,000, from $22,000 to $28,000 by the City, and authorizing the City Manager or his designee to execute the First Amendment.

Consent

28. Consider approving the Second Amendment to the Agreement for the Operation of the #2..
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King-Kennedy Memorial Center with the West Modesto Community Collaborative to extend the Agreement for one (1) year. (Funding Source: General Fund)  Resolution approving the Second Amendment to the Agreement for the Operation of the King-Kennedy Memorial Center with the West Modesto Community Collaborative to extend the Agreement for one (1) year and authorizing the City Manager or his designee to execute this second amendment.

PRN; Ashley Weaver, 209-577-5428, [email protected] ACTION: (Williams/Alvarez; 7/0) Resolution 2023-353 approving the Second Amendment to the Agreement for the Operation of the King-Kennedy Memorial Center with the West Modesto Community Collaborative to extend the Agreement for one year and authorizing the City Manager or his designee to execute this second amendment.

Consent

29. Consider ratifying approval of the Agreement with and authorizing payment to PNC Equipment Finance on behalf of E-Z-Go a Division of Textron Inc., for the Rental of Golf Carts in the total amount not to exceed $661,634 over four years. (Funding Source: Golf Fund)
 Resolution ratifying approval of the Agreement with and authorizing payment to PNC Equipment Finance on behalf of E-Z-Go a Division of Textron Inc., for the Rental of Golf Carts in the total amount not to exceed $661,634 over four years.

PRN; Laurie Smith, 209-577-5437, [email protected]
ACTION: (Williams/Alvarez; 7/0) Resolution 2023-354 ratifying approval of the Agreement with and authorizing payment to PNC Equipment Finance on behalf of EZ-Go a Division of Textron Inc., for the Rental of Golf Carts in the total amount not to exceed $661,634 over four years.

Consent

30. Consider approving adjustments to various Airport rates and fees for specific activities and services at the Modesto City-County Airport, effective July 12, 2023, and rescinding Resolution No. 2020-350. (Funding Source: Airport Operating Fund)  Resolution approving adjustments to various Airport rates and fees for specific activities and services at the Modesto City-County Airport (Airport), effective July 12, 2023, and rescinding Resolution No: 2020-350.

PUBLIC WORKS; Gabe da Silva, 209-577-5319, [email protected] ACTION: (Williams/Alvarez; 7/0) Resolution 2023-355 approving adjustments to various Airport rates and fees for specific activities and services at the Modesto CityCounty Airport (Airport), effective July 12, 2023, and rescinding Resolution No: 2020- 350.
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Consent

31. Consider the submittal of Grant Applications to the Federal Aviation Administration and the State of California Department of Transportation, Division of Aeronautics for eligible Airport Improvement Projects. (Funding Source: Not Applicable)  Resolution approving the submittal of applications to the Federal Aviation Administration (FAA) and State of California Department of Transportation (DOT) Division of Aeronautics for Airport Improvements, and authorizing the City Manager or his designee, to sign Grant Applications and related forms.

PUBLIC WORKS; Gabe da Silva, 209-577-5319, [email protected] ACTION: (Williams/Alvarez; 7/0) Resolution 2023-356 approving the submittal of applications to the Federal Aviation Administration (FAA) and State of California Department of Transportation (DOT) Division of Aeronautics for Airport Improvements, and authorizing the City Manager or his designee, to sign Grant Applications and related forms.

Consent

32. Consider approving the purchase of 1.38 acres of real property at 131 9th Street owned by Varni Brothers Corporation for $2,500,000, plus $100,000 in closing costs to be used for the River Trunk Pump Station Project. (Funding Source: Wastewater Fund)  Resolution approving the purchase of 1.38 Acres of real property located at 131 9th Street owned by Varni Brothers Corporation for $2,500,000, plus $100,000 in closing costs, to be used for the River Trunk Pump Station Project, and authorizing the City Manager, or his designee, to execute the Purchase and Sale Agreement and all related documents required to complete the transaction.

UTILITIES; Cristian Ciotau, 209-577-5260, [email protected] ACTION: (Williams/Alvarez; 7/0) Resolution 2023-357 approving the purchase of

1.38 Acres of real property located at 131 9th Street owned by Varni Brothers Corporation for $2,500,000, plus $100,000 in closing costs, to be used for the River Trunk Pump Station Project, and authorizing the City Manager, or his designee, to execute the Purchase and Sale Agreement and all related documents required to complete the transaction.

COUNCIL COMMENTS & REPORTS
Councilmember Bavaro commented on illegal fireworks on the Fourth of July. It was like a war zone throughout the City. He stated he received numerous calls and texts regarding fireworks and talked about several constituents and their various concerns. He reported there were 45 citations for use of illegal fireworks, of which 23 of those were results of Sky 1 aircraft.

He also stated that Fire Chief Jasper reported that they multiple calls on July 4th through July 5th and was told that the purchasing of illegal fireworks can cost several thousand dollars. If someone is caught setting off illegal fireworks in Modesto, the fine is only $1,000 and that does not seem to be a deterrent. He asked the City Manager, and City Attorney along with the Police Chief and Fire Chief to review the policy. He stated he would support increasing the fine to as much as $10,000, and up to $50,000 for the sale and distribution of illegal fireworks. #2..
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Vice Mayor Ricci agreed with Councilmember Bavaro on the fireworks issue and feels illegal fireworks have been an ongoing problem in the City. He is pleased with the progress by the Police Department on improving enforcement, and the big increase in citations this year, mainly, as a result of Sky 1’s work. He thinks they need to continue to innovate and continue to build enforcement mechanisms to break down this issue. He also agrees with Councilmember Bavaro that higher fines are needed.

Councilmember Williams stated that he also agrees with the sentiments and comments of his colleagues about illegal fireworks, but he also wanted to say thank you to the citizens of Modesto, who came out to the 4th of July parade. They had an outstanding time and estimates there were about 30,000 people in attendance. There were no incidents, and the weather was beautiful. He thanked the City of Modesto and particularly the Kiwanis Club of Modesto, as well as the Council. He also thanked the sponsors of the event and the Committee. He further thanked the Parks and Recreation Department for their assistance and also thanked Allison Van Guilder, Deputy City Manager for singing the National Anthem. He also encouraged the public to attend the Fair.

Councilmember Escutia-Braaton stated that Councilmember Williams played a pivotal role in the success of this year's Fourth of July parade. She thanked him for his leadership in making it such a successful event for the community. She agrees with her peers on how pervasive illegal fireworks were in Modesto and what a negative impact they have to the entire community, including poor air quality. She thanked the Police and Firefighters who were very active that day and ensured that families and the community were safe. She also reported on attending the Police promotion a couple of weeks ago, and how impressed she was with the ceremony. She also reported on the upcoming heat wave and encouraged the public to look at the City’s website for cooling center locations. There's going to be a lot of people in need of someplace to stay cool and there will be free bus rides if anyone wants to go to the mall and do some window shopping there to stay cool.

Council Member Alvarez echoed the sentiments of his colleagues about the Fourth of July parade. It was a goodtime and he was out there with family and nieces and nephews. He also stated that he agrees that the City needs to take action to mitigate the negative effects of illegal fireworks. He reported that in regard to housing, he’s been discussing this issue of this topic with a lot of folks in his district. He’s pleased to announce that the rental inspection ordinance will be activated this month. and described elements of the program. He urged all residents of Modesto, not exclusive just to District 2 residents to contact his office if they are dealing with any substandard rental housing including mold, pest infestations and the like. He shared information about several housing projects that are in the works and commended the Housing Department for their diligent work in competing for funding for those projects. and it reported on the 54 acres at the Municipal Golf Course and that he communicated how he felt about it at the last council meeting and it being a public private partnership with the City of Modesto. He’s keeping that invitation open. He knows that folks are advocating for a stadium of some kind which would be utilized by Modesto, but he thinks a stadium there would be transformative.

Mayor Zwahlen reported that she along with the other Councilmembers attended the Fourth of July parade. She thoroughly enjoyed having the children in the room this evening and they are #2..
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most welcome. She wishes that the room was full of children at every meeting. It's been so great to see them here enjoying the meeting and hopefully learning a lot about how City government works. So, they are always welcome and encouraged them to come back as they bring life and all the good things to this world.

CITY MANAGER COMMENTS & REPORTS
None.

NEW BUSINESS

33. Consider an Ordinance amending the Modesto Municipal Code to Repeal Article 18, “Regulation of Cruising,” in its entirety, from Chapter 2, “Vehicles and Traffic Regulations,” of Title 3, “Public Safety,” relating to the City’s cruising ban (Funding Source: Not Applicable)
 Motion introducing and waiving the first reading of an Ordinance amending the Modesto Municipal Code to Repeal Article 18, “Regulation of Cruising,” in its entirety, from Chapter 2, “Vehicles and Traffic Regulations,” of Title 3, “Public Safety,” relating to the City’s cruising ban.

POLICE; Steven Stanfield, 209-572-9612, [email protected] ACTION: (Ricci/Alvarez; 7/0) Motion introducing and waiving the first reading of an Ordinance 3767-C.S. amending the Modesto Municipal Code to Repeal Article 18, “Regulation of Cruising,” in its entirety, from Chapter 2, “Vehicles and Traffic Regulations,” of Title 3, “Public Safety,” relating to the City’s cruising ban.

Recessed: 7:45 p.m.

Resumed: 7:50 p.m.

34. Consider an Ordinance amending the Modesto Municipal Code to add Article 21, titled “Sideshows, Street Races, and Reckless Driving Exhibition”, to Chapter 2, “Vehicles and Traffic Regulations,” to Title 3 “Public Safety”, to establish regulations and penalties related to Sideshows, Street Races, and Reckless Driving Exhibition. (Funding Source: Not Applicable)
 Motion introducing and waiving the first reading of an Ordinance amending the Modesto Municipal Code to add Article 21, titled “Sideshows, Street Races, and Reckless Driving Exhibition”, to Chapter 2, “Vehicles and Traffic Regulations,” to Title 3 “Public Safety”, to establish regulations and penalties related to Sideshows, Street Races, and Reckless Driving Exhibition.

POLICE; Steven Stanfield, 209-572-9612, [email protected] ACTION: (Escutia-Braaton/Williams; 7/0) Motion introducing and waiving the first reading of an Ordinance 3768-C.S. amending the Modesto Municipal Code to add Article 21, titled “Sideshows, Street Races, and Reckless Driving Exhibition”, to Chapter 2, “Vehicles and Traffic Regulations,” to Title 3 “Public Safety”, to establish regulations and penalties related to Sideshows, Street Races, and Reckless Driving #2..
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Exhibition.

MATTERS TOO LATE FOR THE AGENDA
None.

ADJOURNMENT
This meeting adjourned at 8:11 p.m.

Closed Session Matters Head Prior to the Meeting

CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: Martinez v. City of Modesto
Case No. 19-006820
CONFERENCE WITH REAL PROPERTY NEGOTIATORS:
(Pursuant to Section 54956.8 of the Government Code)
Property: 131 9th Street, Modesto, CA 95351, APN: 103-006-002 Property Owners: Varni Bros Corporation
Negotiating Parties:

For City: Will Wong, Director of Utilities
Jose M. Sanchez, City Attorney
For Owner: Property Owner
Under Negotiation: Price and Terms
Attest:____________________________
Diane Nayares-Perez, City Clerk
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- 1 - ORDINANCE NO. 3766-C.S.

EFFECTIVE DATE: September 7, 2023
ORDINANCE NO. 3766-C.S.

ORDINANCE AMENDING TITLE 8, CHAPTER 3 OF THE MODESTO
MUNICIPAL CODE TO INCREASE THE CITY MANAGER’S AUTHORITY FOR ALL CONTRACTS AND PURCHASES ORDERS FROM $50,000 TO $100,000 FOR GOODS/SERVICES AND $600,000 FOR EMERGENCY PROJECTS;
INCREASING THE FORMAL BIDDING AUTHORITY FROM $50,000 TO $100,000; UPDATING THE LIST AND INCREASE THE CITY MANAGER’S

AUTHORITY FOR PUBLIC WORKS PROJECTS INCLUDING THE CITY
MANAGER’S AUTHORITY FOR EMERGENCY PUBLIC WORKS CONTRACTS TO $600,000; EXPANDING THE DEFINITION OF PROFESSIONAL SERVICES;

AND ADDING LANGUAGE TO ALLOW ELECTRONIC BIDDING
WHEREAS, Title 8, Chapter 3 of the Modesto Municipal Code establishes rules and requirements governing contracting by the City for goods, services, and public works projects; and
WHEREAS, the current dollar thresholds for formal bidding and the City Manager’s approval authority have not been increased in over 20 years; and WHEREAS, the City Council desires to increase the thresholds for formal bidding and the City Manager’s approval authority from $50,000 to $100,000; and WHEREAS, the City Council desires to update the list and increase the City Manager’s authority for public works projects, and increase the City Manager’s authority to approve emergency contracts for goods, services and public works projects to $600,000; and
WHEREAS, rather than identify numerous individual public works projects that have higher City Manager contract authority limits, the City Council desires to update the project list, including public works projects of up to $600,000 which are done by City forces; and
WHEREAS, the proposed ordinance would update the requirements of Title 8, Chapter 3 of the Modesto Municipal Code to allow for bids to be submitted #3..
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EFFECTIVE DATE: September 7, 2023
electronically; and
WHEREAS, Modesto is a Charter City empowered to exercise full control over its municipal affairs, and subject only to limitations found in the Constitution and the City Charter; and
WHEREAS, the City Council desires to adopt the proposed ordinance in order to increase the efficiency of the City’s contracting procedures, while continuing to ensure that safeguards are in place to ensure that tax dollars are spent in a prudent, responsible, and economical manner.

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

SECTION 1 AMENDMENT OF CODE. Section 8-3.102 “Contracting Authority”, Section 8-3.103 “Definitions”, Section 8-3.203 “Formal Bid Procedures”, Section 8-3.204 “Exceptions to Formal Bidding Requirements”, Section 8-3.402 “Filing of Bids”, and Section 8-3.403 “Opening of Bids”, of Chapter 3 of Title 10 of the Modesto Municipal Code are hereby amended to read as shown in Exhibit A, attached hereto and incorporated herein by reference (with additions underlined and deletions in strikethrough)
SECTION 2. SEVERABILITY
If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. This City Council declares that it would have adopted this ordinance irrespective of the invalidity of #3..
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EFFECTIVE DATE: September 7, 2023
any particular portion thereof and intends that the invalid portions should be severed and the balance of the Ordinance be enforced.

SECTION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT.

The proposed Ordinance is exempt from CEQA under the general rule in CEQA Guidelines section 15061(b)(3), that CEQA only applies to projects that have the potential for causing a significant effect on the environment.

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.
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EFFECTIVE DATE: September 7, 2023
The foregoing Ordinance was introduced at a regular meeting of the Council of the City of Modesto held on the 11th day of July, 2023, by Councilmember ?, who moved its introduction and passage to print, which motion being duly seconded by Councilmember ?, 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
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EFFECTIVE DATE: September 7, 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 8th day of August, 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: Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED: ________________________

SUE ZWAHLEN, MAYOR
ATTEST: ___________________________________
DIANE NAYARES-PEREZ, City Clerk
Effective Date: September 7, 2023
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EFFECTIVE DATE: September 7, 2023

EXHIBIT A
additions underlined and deletions in strikethrough
8-3.102 Contracting Authority.

The City Manager may approve and authorize all contracts and purchase orders involving an expenditure of City funds in the total amount of one hundred thousand dollars ($100,000.00)fifty thousand dollars ($50,000.00) or less. Except as noted below, no contract involving an expenditure in excess of one hundred thousand dollars ($100,000.00)fifty thousand dollars ($50,000.00) may be authorized, approved or executed without City Council approval.

The one hundred thousand dollars ($100,000.00) fifty thousand dollars ($50,000.00) limit set forth in the preceding sentences does not apply to the following:
(a) Contracts for public works projects consisting of the improvement or modification of traffic signals or signal systems including those street improvements which are incidental to or related to the improvement or modification of the traffic signal. The City Manager may approve and authorize all contracts for such projects involving an expenditure of City funds in the amount of six hundred thousand dollars ($600,000.00)two hundred fifty thousand dollars ($250,000.00) or less. (b) Contracts for public works projects consisting of the construction, improvement, repair, expansion, renovation or modification of any facilities funded by a Mello-Roos Community Facilities District and involving an expenditure of district facility taxes in the amount of three million dollars ($3,000,000.00) or less. The District Administrator may approve and authorize all contracts for such projects. (c) Contracts for public works projects consisting of the maintenance, repair, replacement, and improvement of existing water lines. The City Manager may approve and authorize all contracts for such projects involving an expenditure of City funds in the amount of six hundred thousand dollars ($600,000.00)three hundred thousand dollars ($300,000.00) or less.
(d) Contracts for public works projects consisting of the installation and establishment of water service connections associated with new development. The City Manager may approve and authorize all contracts for such projects involving an expenditure of City funds in the amount of six hundred thousand dollars ($600,000.00) seventy-five thousand dollars ($75,000.00) or less.
(e) Contracts for public works projects, purchases, and services consisting of repairs determined by the City Manager to be of urgent necessity for the preservation of life, health, or property. The City Manager may approve and authorize all contracts for such projects in the amount of six hundred thousand dollars ($600,000.00) two hundred thousand dollars ($200,000.00) or less. Within ten (10) days of the authorization for any such work, the City Manager shall report to the City Council the circumstances of the emergency.
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EFFECTIVE DATE: September 7, 2023
(f) Contracts for public works projects consisting of the construction, improvement, repair, expansion, renovation, or modification of any facilities associated with development and installed by the developer provided:
(1) That an agreement is approved by the City Council prior to commencement of construction of the works.
(2) The agreement clearly defines the work to be done and the basis for reimbursement.
(3) That total reimbursement required by the agreement is less than six hundred thousand dollars ($600,000.00) four hundred thousand dollars ($400,000.00) in City funds.
(g) Contracts for public works projects done by City forces in the amount of six hundred thousand dollars ($600,000.00) or less.
(g) Contracts for public works projects consisting of the installation, construction, and improvement, of the Coffee-Claratina Dual Use Neighborhood Park/Storm Basin in the City of Modesto. The City Manager may approve and authorize all contracts for such projects involving an expenditure of City funds in the amount of one million five hundred thousand dollars ($1,500,000.00) or less.
(h) Contracts for public works projects consisting of the installation and construction of any upgrade and/or rebuild of the City's institutional network (INET). The City Manager may approve and authorize all contracts for such projects involving an expenditure of City funds in the amount of four million two hundred thousand dollars ($4,200,000.00) or less.
(i) Contracts for public works projects consisting of those improvements to the South Modesto water system identified in that certain technical memorandum prepared by West Yost and Associates dated October 17, 2005, as amended on November 7, 2005, for the benefit of the Galas Brothers Unit II Project bounded by Hatch Road, Estrella Way, Ironside Drive, Salazar Circle and Monticello Lane in the City of Modesto and any incidental work thereto. The City Manager may approve and authorize all contracts for this project involving a total expenditure of City funds not to exceed two million five hundred thousand dollars ($2,500,000.00) or less.
(j) Contracts for public works contracts consisting of the purchase, installation and replacement of water meters including an automated water meter reading (AMR) system and infrastructure work in conjunction with the system-wide water metering program. The City Manager may approve and authorize all contracts for such projects involving an expenditure of City funds in the amount of five million dollars ($5,000,000.00) or less annually.
(k) Contracts for paving and landscaping work to be done by City forces at the City's traffic operations facility located at 117 Elm Street in the amount of one hundred thousand dollars ($100,000.00) or less.
(hl) Contracts for public works projects consisting of the design, purchase and installation of water lines and associated equipment used to blend down contaminants at water well sites in the amount of one million five hundred thousand dollars ($1,500,000.00) per project.
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- 8 - ORDINANCE NO. 3766-C.S.

EFFECTIVE DATE: September 7, 2023
(m) Contracts for public works projects consisting of additions and/or expansion of facilities and structures at John Thurman Field not to exceed two million four hundred thousand dollars ($2,400,000.00) per project.
(n) Contracts for work done by City forces to repair, replace and improve water lines and associated appurtenances for the McHenry Avenue Water System Upgrade Project in the amount of four hundred fifty thousand dollars ($450,000.00) or less. (o) Contracts for work done by City forces to repair, replace and improve water lines and associated appurtenances for the 9th Street Water Main Replacement Project in the amount of five hundred eighty-five thousand dollars ($585,000.00) or less. (p) Contracts for public works projects consisting of bus stop improvements at various locations on the Modesto Area Express route system. The City Manager may approve all contracts for such projects in the amount of six hundred seventy-five thousand dollars ($675,000.00) or less annually.
(q) Contracts for work done by City forces consisting of roadway and intersection improvements on Oakdale Road between Claratina Avenue and Mable Avenue in the amount of one hundred forty thousand dollars ($140,000.00) or less. (r) Contracts for work done by City forces to repair, replace and improve water lines and associated appurtenances for the Del Rio Water Main Replacement Project in the amount of three hundred ninety thousand dollars ($390,000.00) or less. (s) Contracts for public works projects consisting of energy efficient improvements to City facilities that are funded through the American Recovery and Reinvestment Act (ARRA) of 2009, Energy Efficiency and Conservation Block Grant (EECBG) Program. The City Manager may approve and authorize all contracts for such projects involving an expenditure of City funds in the amount of six hundred thousand dollars ($600,000.00) or less.
(t) Contracts for public works to purchase and construct a police officer memorial and associated appurtenances at the Modesto Police Headquarters in the amount of one hundred twenty-five thousand dollars ($125,000.00) or less. (u) Contracts for public works projects consisting of the design, purchase and installation of water mains and associated appurtenances used to upgrade the water system in the Airport Neighborhood service area in the amount of one million four hundred five thousand one hundred sixty-six dollars ($1,405,166.00) or less. (v) Contracts for public works projects consisting of the design, purchase and installation of street lights and associated appurtenances used to upgrade the street lighting throughout the City in the amount of four million dollars ($4,000,000.00) or less. (w) Contracts for work done by City forces in the design, purchase and installation of Tenth Street improvements between I and J Streets consisting of irrigation, storm drain, stamped concrete, street trees, planters, and electrical improvements and associated appurtenances. Improvements shall be consistent in concept with Resolution 2014-172 and the staff report presented to the City Council at its regular Council meeting of June 9, 2015.
(x) Contracts for work done by City forces, consisting of the design, purchase and installation of flashing beacons and associated appurtenances used to construct flashing beacons throughout the City in the amount of seven hundred seventy thousand dollars ($770,000.00) or less.
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EFFECTIVE DATE: September 7, 2023
(y) Contracts for the construction, improvement, installation, or repair of water facilities associated with the North Valley Regional Recycled Water Program, involving an expenditure of City funds in excess of one million dollars ($1,000,000.00). Such projects may be procured under the design-build methodology authorized under Public Contract Code section 22160, et seq., as may be amended from time to time. (z) Contracts for the construction, improvement, installation, or repair of water facilities associated with the Water Corporation Yard, involving an expenditure of City funds in excess of one million dollars ($1,000,000.00). Such projects may be procured under the design-build methodology authorized under Public Contract Code section 22160, et seq., as may be amended from time to time.

Any contract for a public works project which may be approved as set forth in subsections (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (l), (m), (n), (o), (p), (q), (r), (s), (t), (u), (v), (w), (x), (y) and (z) above of this section and authorized by the City Manager, District Administrator, or other authorized person, is not subject to the public bidding requirements of Articles 2 and 4 of this chapter or of Section 1307 of the Modesto City Charter. This section is adopted pursuant to Sections 801(k) and 1307 of the Modesto City Charter. The City Manager may delegate his or her authority in a manner consistent with the procedures established by this chapter. As set forth in Section 2-2.03 of this Code, all contract documents that require City Council approval shall be approved as to form by the City Attorney or the City Attorney's authorized representative before presentation to the City Council.
(iaa) Contracts for the construction, improvement, installation, or repair of hardware, software and system integration associated with the Utilities Department SCADA System (water, wastewater and storm drain), involving an expenditure of City funds in excess of one million dollars ($1,000,000.00). Such projects may be procured under the design-build methodology authorized under Public Contract Code section 22160, et seq., as may be amended from time to time.

Any contract for a public works project which may be approved as set forth in subsections (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (l), (m), (n), (o), (p), (q), (r), (s), (t), (u), (v), (w), (x), (y) (z) and (aa) above of this section and authorized by the City Manager, District Administrator, or other authorized person, is not subject to the public bidding requirements of articles 2 and 4 of this chapter or of Section 1307 of the Modesto City Charter. This section is adopted pursuant to Sections 801(k) and 1307 of the Modesto City Charter. The City Manager may delegate his or her authority in a manner consistent with the procedures established by this chapter. As set forth in Section 2-2.03 of this Code, all contract documents that require City Council approval shall be approved as to form by the City Attorney or the City Attorney's authorized representative before presentation to the City Council.
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EFFECTIVE DATE: September 7, 2023
8-3.103 Definitions.

The definitions below are applicable throughout this Code:
(a) Professional services shall mean accounting, appraisal, architectural, auditing, engineering, environmental, information system services, land surveying, construction management, legal services, financial planning, medical or planning services or any service which is similarly professional, scientific, expert, or technical in nature.
(b) Public Works. Except as set forth in Section 8-3.102, every project exceeding one hundred thousand dollars ($100,000.00)fifty thousand dollars ($50,000.00) for the construction or improvement of public buildings, works, drains, sewers, utilities, parks, playgrounds and streets (exclusive of projects for resurfacing, maintenance and repair of streets, or any park or parks playground project otherwise subject to the public bidding requirements of this chapter that involve any donated labor and/or material) shall be deemed a public works project and be subject to the provisions set forth in Article 4 of this chapter commencing with Section 8-3.401.
(c) Purchases. Means a contract to obtain supplies, nonprofessional services, materials and/or equipment in furtherance of City needs and purposes. 8-3.203 Formal Bid Procedures.

This formal bid procedure shall apply to all purchases whose total maximum cost to City exceeds one hundred thousand dollars ($100,000.00)fifty thousand dollars ($50,000.00), and shall include at least the following:
(a) Preliminary approval by the City Manager of a staff proposed bid package, including all project, material, supply and/or equipment specifications, requirements and all other matters reasonably required of bidders, including, but not limited to, all contractual terms proposed. The total maximum cost to the City if a bid is accepted by the Purchasing Manager, and a contract is executed by the City Manager or designee, shall be set forth.
(b) Notice Inviting Bids. Notice inviting bids shall be published in the official newspaper by one (1) or more insertions, the first of which shall be at least seven (7) days before the time of bid opening, for public works projects only, in accordance with the provisions of Section 1307 of the City Charter. All other bids for which formal bid procedures are required shall be noticed in a manner or manners appearing to the Purchasing Manager to assure as broad a vendor response as reasonably possible. The required notice shall include a general description of the supplies, materials, equipment, and contractual services to be purchased, state where bid blanks and specifications may be secured and the time and place for opening bids.
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EFFECTIVE DATE: September 7, 2023
Wherever feasible, the Purchasing Manager shall send notices inviting bids to prospective vendors and contractors. It shall be the responsibility of the Purchasing Manager to encourage as wide a response as possible from prospective vendors or contractors.
(c) Bid Deposits. Where required by the City Charter and when not so required but deemed necessary or desirable by the Purchasing Manager, all bids shall be accompanied by either a certified or cashier's check, or a bidder's bond executed by a corporate surety authorized to engage in such business in California, made payable to the City. Such security shall be in an amount not less than the amount specified in the notice inviting bids or in the specifications referred to therein, or if no amount is specified by the notice inviting bids, then in an amount not less than ten (10) percent of the aggregate amount of the bid. If the successful bidder neglects or refuses to enter into the contract, provide supplies, materials, equipment, or contractual services according to specifications within the time specified in the notice inviting bids or specifications referred to therein, the amount of the bidder's security shall be declared forfeited to the City, and shall be collected and paid into its General Fund, and all bonds forfeited shall be prosecuted and the amount thereof collected and paid into such fund.

All bids not submitted with the required deposit shall be rejected. Unsuccessful bidders shall be entitled to the return of deposits when such have been required after acceptance of the contract by the selected bidder.
(d) Sealed Bids. Physical Bbids shall be sealed, and shall be identified as bids on the envelope and bids shall be opened at a public meeting at the time and place stated in the public notice., If the Finance Director authorizes, pursuant to Section 8-3.402, the submission of bids through electronic means, electronic bids shall be submitted in a manner that keeps the bid confidential until opened by the City. All bids shall be submitted, whether in person or electronically, at the place and no later than the time stated in the public notice inviting bids. e, and in the manner authorized by this Chapter. Bids received after the stated time shall not be accepted, whether or not a bid is late through any fault of the late bidder, and shall be returned to the bidder unopened.
(e) Council May Reject Bids. The Council shall have the authority to accept or reject any or all bids, or to waive any informalities or minor irregularities in a bid. The Council, after rejecting bids, or if no bids are received, may declare and determine that, in its opinion, based on estimates approved by the City Manager, the purchase in question may be made without a formal bid procedure and, after the adoption of a resolution to this effect by at least five (5) affirmative votes of the Council, may proceed to have said purchase made in the manner stated without further observation of the provisions of this section. No #3..
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EFFECTIVE DATE: September 7, 2023
Council action is required to reject bids or proposals other than for public works projects.
(f) Lowest Responsive and Responsible Bidder. For non-public works contracts, Iin addition to price in determining the "lowest responsive and responsible bidder", consideration will be given to quality and performance of the commodity to be purchased, or service provided by the seller. Criteria for determining low bid shall include, but not be limited to, the following:
(1) The ability, capacity and skill of the bidder to provide the supplies, materials, equipment or contractual services as required. (2) The ability of the bidder to provide the supplies, materials, equipment or contractual services within the time specified.
(3) The character, integrity, reputation, judgment, experience and efficiency of the bidder.
(4) The quality or performance of previous purchases from said bidder. (5) The ability of the bidder to provide future maintenance, repair parts and services for the use of the commodity purchased.
(6) Local vendor as defined in Section 8-3.206(c).
(g) Faithful Performance Bond. When the specifications so provide, the successful bidder shall furnish surety in the form of certified or cashier's check, corporate surety bond or savings and loan certificate for faithful performance of the contract.
8-3.204 Exceptions to Formal Bidding Requirements.

Except as otherwise provided by this chapter or when directed by the City Manager, all purchases involving an expenditure of City funds in the amount of one hundred thousand dollars ($100,000.00)fifty thousand dollars ($50,000.00) or less, shall be purchased, when feasible and when in the best interest of the City, in the open market by letter inquiry, informal solicitation, or telephone or facsimile solicitations, with or without newspaper advertisement, and without observation of prescribed formal bid procedures.

Open market purchases, whenever possible and practicable, shall be based on at least three (3) competitive quotations (letter inquiries and/or telephone solicitations), and shall be awarded to the person, firm or corporation submitting the lowest responsible quotation.

In determining the lowest quotation, the City shall do so on the basis defined in Section 8-

3.203 for establishing the lowest responsible bid used in formal bid purchases.

The Purchasing Manager shall keep a record of all open market orders and the quotations submitted in competition thereof. Such records shall be open to public inspection during business hours. Records of said open market orders or purchases may be disposed of by the Purchasing Manager following two (2) years from the date of the purchase.
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EFFECTIVE DATE: September 7, 2023
All purchases in excess of one hundred thousand dollars ($100,000.00)fifty thousand dollars ($50,000.00), or when directed by the City Manager for any purchase of one hundred thousand dollars ($100,000.00)fifty thousand dollars ($50,000.00) or less, shall follow formal bid procedures, except for the following, which shall be exempt from the bid requirement:
(a) Contracts for professional services as defined in Section 8-3.103, if competitive quotations or proposals have been sought informally from at least three (3) qualified entities;
(b) Where the Purchasing Agency's requirements can be met solely by a single article or process;
(c) Where the Purchasing Manager, in his or her discretion, determines that calling for bids on a competitive basis as set forth in Section 8-3.203 is undesirable due to exigent or emergency circumstances;
(d) Where the Purchasing Manager, in his or her discretion, determines that a process other than the formal bid procedure set forth in Section 8-3.203 will result in a procurement for the City at the lowest possible cost commensurate with the desired quality. Such alternatives may include, but are not limited to, a "two-step" procurement process or a procurement based solely on a technical evaluation.
(e) Where the Purchasing Manager, in his or her discretion, determines that the term of an existing agreement should be extended for a period of no greater than one (1) year to allow the City to complete a formal bidding process for a long term agreement or to avoid disruption to City projects or services. (f) When the Purchasing Manager, in his or her discretion, determines that it is appropriate to amend the services or goods provided under an existing agreement to include additional similar goods or services, of limited quantity or scope, in order to increase efficiency and avoid delays or disruptions to City projects or services.
8-3.402 Filing of Bids.

All bids for public works projects shall be sealed and filed with the City Clerk no later than the opening time specified in the Notice of Bids. The City Clerk shall be custodian of such bids and shall keep all things pertaining thereto confidential until they are opened and declared. The City may accept bids through electronic means if the Finance Director determines that such electronic process complies with all requirement of this Code and applicable state and federal laws. The City shall continue to accept physical copies of bids even if an option is available to bidders to file bids through electronic means.
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EFFECTIVE DATE: September 7, 2023
8-3.403 Opening of Bids.

All bids shall be publicly opened and declared at the time and place fixed in the notice inviting bids. Bid openings may occur in person or through electronic means, including, but not limited to, a process that automatically publishes bid results on a website identified in the notice inviting bids. Thereafter, the bids shall be tabulated and analyzed by the head of the department supervising the proposed work, who shall submit them, together with his/her recommendations thereon, to the City Manager. The City Manager shall review the bids and submit them to the Council, along with his/her recommendations at the next regular meeting of the Council. 5389843.1
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CITY OF MODESTO
ORDINANCE NO. 3766-C.S.

The following Ordinance was introduced by the City Council of the City of Modesto at the meeting of July 11, 2023:

ORDINANCE AMENDING TITLE 8, CHAPTER 3 OF THE MODESTO MUNICIPAL CODE TO INCREASE THE CITY MANAGER’S AUTHORITY FOR ALL
CONTRACTS AND PURCHASES ORDERS FROM $50,000 TO $100,000 FOR GOODS/SERVICES AND $600,000 FOR EMERGENCY PROJECTS; INCREASING THE FORMAL BIDDING AUTHORITY FROM $50,000 TO $100,000; UPDATING THE LIST AND INCREASE THE CITY MANAGER’S AUTHORITY FOR PUBLIC WORKS PROJECTS INCLUDING THE CITY MANAGER’S AUTHORITY FOR EMERGENCY PUBLIC WORKS CONTRACTS TO $600,000; EXPANDING THE DEFINITION OF PROFESSIONAL SERVICES; AND ADDING LANGUAGE TO ALLOW ELECTRONIC

BIDDING
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. 3767-C.S.

EFFECTIVE DATE: September 7, 2023
ORDINANCE NO. 3767-C.S.

ORDINANCE AMENDING THE MODESTO MUNICIPAL CODE TO REPEAL ARTICLE 18, “REGULATION OF CRUISING,” IN ITS ENTIRETY, FROM CHAPTER 2, “VEHICLES AND TRAFFIC REGULATIONS,” OF TITLE 3, “PUBLIC SAFETY,” RELATING TO THE CITY’S CRUISING BAN
WHEREAS, Modesto is the birthplace of George Lucas and the inspiration for his classic film “American Graffiti;” and
WHEREAS, released in 1973, the American Graffiti movie captured the first big weekend of cruising after school got out for the summer, which turned into the iconic “Graffiti Night” in Modesto; and
WHEREAS, Graffiti Night became an annual cruising tradition in Modesto, bringing thousands of people and their cars into the City every year starting in the mid-tolate 1970s and continuing into the early 1990s; and WHEREAS, as the notoriety of cruising in Modesto grew, so did Graffiti Night and the number of people who were drawn to the City from all over the United States; and
WHEREAS, starting in the mid-to-late 1980s, this traditionally fun and celebratory weekend began to experience an increasing amount of violence, assaults, and shootings; and
WHEREAS, on March 27, 1990, Council adopted Ordinance No. 2706, which added Article 18, “Regulation of Cruising,” to Chapter 2, “Vehicles and Traffic Regulations” of Title 3, “Public Safety” of the Modesto Municipal Code for the prohibition of “cruising” within the City; and
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- 2 - ORDINANCE NO. 3767-C.S.

EFFECTIVE DATE: September 7, 2023
WHEREAS, even though the City of Modesto enacted a cruising ban over 20 years ago, the City has consistently recognized the historical significance it had in promoting the love of classic cars and cruising; and
WHEREAS, over the past year, cities across California, including Modesto, have engaged in dialogue with community members and organizations regarding the removal of local cruising bans that were enacted decades prior to keep communities safe; and WHEREAS, these meaningful conversations led to the organization of two pilot cruising events in the downtown area of Modesto. Both permitted events were organized by a locally organized group, the Modesto Cruising Council, in collaboration with the Modesto Police Department; and
WHEREAS, both events were well organized, free of any violence, and the Police Department did not experience an increase in calls for service as a result of the events; and
WHEREAS, a new State Bill (AB 436) has also been introduced in the Assembly, proposing to repeal bans and regulations on car cruising, legalize cruising across California; and
WHEREAS, the State Legislature has previously encouraged local jurisdictions to recognize the cultural significance of cruising in California and several jurisdictions across the state have already abolished its ban on car cruising; and WHEREAS, the proposed Ordinance includes the complete repeal of the cruising ban, which contains the prohibition on cruising within the City.

NOW, THEREFORE, the Council of the City of Modesto does ordain as follows:
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- 3 - ORDINANCE NO. 3767-C.S.

EFFECTIVE DATE: September 7, 2023
SECTION 1. FINDINGS.

The City Council of the City of Modesto finds that all of the above recitals and within this Ordinance are true and correct and incorporated herein by reference.

SECTION 2. AMENDMENT- REPEAL OF CRUISING BAN.

That Article 18, “Regulation of Cruising,” from Chapter 2, “Vehicles and Traffic Regulations,” of Title 3, “Public Safety,” of the Modesto Municipal Code, is hereby repealed in its entirety.

SECTION 3. SEVERABILITY.

If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this Ordinance are severable. This City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the Ordinance be enforced.

SECTION 4. CALIFORNIA ENVIRONMENTAL QUALITY ACT.

The proposed Ordinance is exempt from the California Environmental Quality Act (“CEQA”) under the general rule in CEQA -Guidelines section 15061(b)(3) that CEQA only applies to projects that have the potential to cause a significant effect on the environment.

SECTION 5. 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. #4..
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- 4 - ORDINANCE NO. 3767-C.S.

EFFECTIVE DATE: September 7, 2023
SECTION 6. 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.
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- 5 - ORDINANCE NO. 3767-C.S.

EFFECTIVE DATE: September 7, 2023
The foregoing Ordinance was introduced at a regular meeting of the Council of the City of Modesto held on the 11th day of July, 2023, by Councilmember ?, who moved its introduction and passage to print, which motion being duly seconded by Councilmember ?, 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
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- 6 - ORDINANCE NO. 3767-C.S.

EFFECTIVE DATE: September 7, 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 8th day of August, 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: Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED: ________________________

SUE ZWAHLEN, MAYOR
ATTEST: ___________________________________
DIANE NAYARES-PEREZ, City Clerk
Effective Date: September 7, 2023
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CITY OF MODESTO
ORDINANCE NO. 3767-C.S.

The following Ordinance was introduced by the City Council of the City of Modesto at the meeting of July 11, 2023:

ORDINANCE AMENDING THE MODESTO MUNICIPAL CODE TO REPEAL ARTICLE 18, “REGULATION OF CRUISING,” IN ITS ENTIRETY, FROM CHAPTER 2, “VEHICLES AND TRAFFIC REGULATIONS,” OF TITLE 3, “PUBLIC SAFETY,” RELATING TO THE CITY’S CRUISING BAN
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. 3768-C.S.

EFFECTIVE DATE: September 7, 2023
ORDINANCE NO. 3768-C.S.

ORDINANCE AMENDING THE MODESTO MUNICIPAL CODE TO ADD ARTICLE 21, TITLED “SIDESHOWS, STREET RACES, AND RECKLESS DRIVING EXHIBITION”, TO CHAPTER 2, “VEHICLES AND TRAFFIC REGULATIONS,” TO TITLE 3 “PUBLIC SAFETY”, TO ESTABLISH REGULATIONS AND PENALTIES

RELATED TO SIDESHOWS, STREET RACES, AND RECKLESS DRIVING

EXHIBITION
WHEREAS, streets, highways and intersections within the City of Modesto have been the site of continuing and escalating illegal street racing and exhibitions of speed over the past several years and are commonly referred to as “sideshows” or “street takeovers”; and WHEREAS, such street racing and exhibitions of speed threaten the health and safety of the public, interfere with pedestrian and vehicular traffic and create a public nuisance; and WHEREAS, these illegal motor vehicle speed contests and exhibitions of speed create an environment where persons engaged in automobile performance demonstrations and other activities that include dangerous driving behavior for the entertainment of participants and spectators as well as reckless driving when fleeing law enforcement; and WHEREAS, street sideshows are planned and coordinated by participants and spectators using the internet, cell phones, social media, police scanners, and other electronic devices that allow them to move from one location to another to avoid detection and prosecution by local law enforcement. Street takeovers and sideshows can also damage the streets, highways, and intersections in the City, making the expenditure of public funds necessary to repair such damages; and
WHEREAS, while the California Vehicle Code has assisted the Police Department enforce against participants involved in illegal street takeovers and sideshows, the need for additional enforcement options have been identified to further protect the City and its residents; and
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- 2 - ORDINANCE NO. 3768-C.S.

EFFECTIVE DATE: September 7, 2023
WHEREAS, the Modesto Police Department requests the City Council amend the Modesto Municipal Code to make it unlawful to engage in certain activities within the city limits, setting penalties for violations, and outlining the seizure and forfeiture of declared nuisance vehicles; and
WHEREAS, vehicles used during street takeovers, sideshows, street races, and reckless driving exhibitions are a nuisance and may be forfeited to the City of Modesto to prevent the needless loss of life and property damage associated with illegal motor vehicle speed contests and exhibitions of speed; and
WHEREAS, the City Council finds it is necessary and appropriate to take steps to protect public health and safety of pedestrians and motorists in, about, or upon public streets and highways so as to minimize any dangerous conditions caused by illegal motor vehicle speed contests and exhibitions of speed.

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

SECTION 1. FINDINGS.

The City Council of the City of Modesto finds that all of the above recitals are true and correct and incorporated herein by reference.

SECTION 2. AMENDMENT.

The City Council of the City of Modesto hereby amends the Modesto Municipal Code by adding Article 21, “Sideshows, Street Races, and Reckless Driving Exhibition,” to Chapter 2, “Vehicles and Traffic Regulations,” to Title 3 “Public Safety”, of the Modesto Municipal Code, to read as follows:
“ARTICLE 21 - SIDESHOWS, STREET RACES, AND RECKLESS DRIVING

EXHIBITIONS
3-2.2101 – Definitions.

For purposes of this Article, the following definitions shall apply:
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EFFECTIVE DATE: September 7, 2023
(a) “Offstreet Parking Facility” is defined in subdivision (c) of California Vehicle Code Section 12500, as may be amended.
(b) “Participant” means any individual driving a vehicle which is found to have engaged in a Reckless Driving Exhibition, as referred to in California Vehicle Code Section 23103. (c) “Passenger” means any individual riding in a vehicle which is found to have engaged in a Reckless Driving Exhibition, Street Race, or Sideshow.
(d) “Preparations” for any Sideshow, Street Race, or Reckless Driving Exhibition include, but are not limited to, any of the following acts done for the purpose of a Side Show, Street Race, or Reckless Driving Exhibition:
(1) One (1) or more motor vehicles and persons have arrived at a location on a public street or highway or in an Offstreet Parking Facility for the purpose of participating in or observing a Sideshow, Street Race, or Reckless Driving Exhibition;
(2) One (1) or more persons have gathered on, or adjacent to, a public street or highway for the purpose of participating in or observing a Sideshow, Street Race, or Reckless Driving Exhibition;
(3) One (1) or more persons have gathered in an Offstreet Parking Facility for the purpose of participating in or observing a Sideshow, Street Race, or Reckless Driving Exhibition;
(4) One (1) or more persons have impeded the free public use of a public street, highway, or Offstreet Parking Facility by acts, words, or physical barriers for the purpose of participating in or observing a Sideshow, Street Race, or Reckless Driving Exhibition;
(5) One (1) or more motor vehicles have lined up on a public street, highway, or Offstreet Parking Facility with motors running for the purpose of participating in or observing a Sideshow, Street Race, or Reckless Driving Exhibition; (6) One (1) or more drivers are revving a motor vehicle’s engine or causing the motor vehicle’s tires to spin; or
(7) A person is standing or sitting in a location to act as a race starter. (e) “Present” means a Spectator is within two hundred (200) feet of the location of the Sideshow, Street Race, or Reckless Driving Exhibition, or within two hundred (200) feet of the site of the Preparations for either of these activities. (f) “Reckless Driving Exhibition” shall mean any exhibition of reckless driving referred to in California Vehicle Code Section 23103, as may be amended. #5..
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EFFECTIVE DATE: September 7, 2023
(g) “Scene” shall mean the location of the Sideshow, Street Race, or Reckless Driving Exhibition or the location of the Preparations for the Sideshow, Street Race, or Reckless Driving Exhibition.
(h) “Sideshow” shall mean an event in which two or more persons perform motor vehicle stunts, motor vehicle speed contests, motor vehicle exhibitions of speed, or reckless driving, on a highway, street, or Offstreet parking facility. (i) “Spectator“ shall mean any person who is present at a Sideshow, Street Race, or Reckless Driving Exhibition, or the site of the Preparations for any of these activities, for the purpose of viewing, observing, watching, or witnessing the event as it progresses. A “Spectator“ includes any person at the location of the event without regard to the means by which the person arrived.
(j) “Street Race“ means any motor vehicle speed contest or motor vehicle exhibition of speed referred to in subdivisions (a) and (c) of California Vehicle Code Section 23109, as may be amended.
3-2.2102 – Sideshows, Street Races, and Reckless Driving Exhibitions prohibited on public streets and Offstreet Parking Facilities.
(a) It shall be unlawful for any person to:
(1) Knowingly participate as a driver at a Sideshow, Street Race, or Reckless Driving Exhibition conducted on a public street or highway or in an Offstreet Parking Facility; or
(2) Be knowingly present as a Passenger at a Sideshow, Street Race or Reckless Driving Exhibition conducted on a public street or highway or in an Offstreet Parking Facility.
3-2.2103 – Spectators prohibited at Sideshows, Street Races, and Reckless Exhibitions of Speed.
(a) It shall be unlawful for any person to:
(1) Be knowingly present as a Spectator at a Sideshow, Street Race, or Reckless Driving Exhibition conducted on a public street or highway or in an Offstreet Parking Facility.
(2) Be knowingly present as a Spectator where Preparations are being made for a Sideshow, Street Race, or Reckless Driving Exhibition conducted on a public street or highway or in an Offstreet Parking Facility.
(b) Nothing in this Article prohibits peace officers, medical professionals, firefighters, or their agents who are acting in the course of their official duties from being Spectators at a #5..
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EFFECTIVE DATE: September 7, 2023
Sideshow, Street Race, or Reckless Driving Exhibition or Spectators at the location of Preparations for any of these activities.
3-2.2104 - Relevant circumstances to prove a violation. (a) To prove a violation of this Article, admissible evidence may include, but is not limited to, any of the following:
(1) That the person charged has previously participated in or been a Spectator at a Sideshow, Street Race or Reckless Driving Exhibition;
(2) That the person charged has previously aided and abetted a Sideshow, Street Race, or Reckless Driving Exhibition;
(3) That the person charged has previously attended a Sideshow, Street Race, or Reckless Driving Exhibition; or
(4) That the person charged was previously present at a location where Preparations were being made for a Sideshow, Street Race, or Reckless Driving Exhibition, or where a Sideshow, Street Race, or Reckless Driving Exhibition was in progress. (5) Evidence of these prior acts may be admissible, to the fullest extent permissible by law, to show the opportunity, intent, plan, knowledge, identity, or the absence of mistake or accident, or propensity of the defendant to be present at or attend a Sideshow, Street Race, or Reckless Driving Exhibition if the prior act or acts occurred within three (3) years of the presently charged offense. These prior acts may always be admissible to show knowledge on the part of the defendant that a Sideshow, Street Race, or Reckless Driving Exhibition was taking place. (b) In addition to the circumstances set out in subsection (a) above, to prove a violation of this Article, admissible evidence may also include, but is not limited to, any of the following:
(1) The time of day;
(2) The nature and description of the Scene, including the number and configuration of traffic lanes;
(3) The number of people at the Scene;
(4) The location of the person charged in relation to any person or group of persons present at the Scene;
(5) The number and descriptions of motor vehicles at the Scene; (6) That the motor vehicles at the Scene have been modified or altered to increase power, handling, or visual appeal; and/or
(7) That the person charged drove or was transported to the Scene. 3-2.2105 – Promoting, Organizing, or Facilitating Spectators to gather at Sideshows, Street Races, and Reckless Driving Exhibitions prohibited.
(a) It shall be unlawful for any person to knowingly encourage, promote, instigate, assist, facilitate, aide, or abet the gathering of persons as Spectators at a Sideshow, Street Race #5..
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EFFECTIVE DATE: September 7, 2023
or Reckless Driving Exhibition conducted on a public street or highway, or Offstreet Parking facility.
(b) It shall be unlawful for any person to knowingly encourage, promote, instigate, assist, facilitate, aide, or abet the gathering of persons as Spectators where Preparations are being made for a Sideshow, Street Race, or Reckless Driving Exhibition conducted on a public street or highway, or in an Offstreet Parking Facility. 3-2.2106 – Penalties for Violations.
(a) A violation of any of the provisions of Section 3-2.2103 may result in the issuance of an administrative citation, and the City may, at its discretion, seek an administrative fine of up to two thousand five hundred dollars ($2,500.00).
(b) A violation of any of the provisions of Section 3-2.2105 may result in the issuance of an administrative citation, and the City may, at its discretion, seek an administrative fine of up to three thousand dollars ($3,000.00).
(c) A violation of any of the provisions of Section 3-2.2102 may result in the issuance of an administrative citation, and the City may, at its discretion, seek an administrative fine of up to three thousand five hundred dollars ($3,500.00).
(d) A violation of any of the provisions of Sections 3-2.2102, 3-2103, or 3-2.2105 may also be punishable as a misdemeanor, or as provided under any remedy available at law. 3-2.2107 - Seizure and Forfeiture of Nuisance Vehicles. (a) A motor vehicle shall be declared a nuisance and may be seized and subject to forfeiture under this Article if:
(1) It is used in a Sideshow; and
(2) It is driven by the registered owner of the vehicle at the time of the violation, or (3) The registered owner is a passenger in the vehicle at the time of the violation; or (4) It is driven by a member of the registered owner’s immediate family at the time of the violation, or a member of the registered owner’s immediate family is a passenger in the vehicle at the time of the violation; or (5) The driver or a passenger lives at the same address as the registered owner at the time of the violation; or
(6) The driver or a passenger in the vehicle at the time of the violation has prior contact in the vehicle, as determined by law enforcement records. 3-2.2108 - Seizure of Vehicles Subject to Forfeiture.
(a) A peace officer may seize a vehicle subject to forfeiture under this Article upon the issuance of an order by a court having jurisdiction over the vehicle. Seizure without a #5..
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EFFECTIVE DATE: September 7, 2023
court order may be made if there is probable cause to believe that the vehicle was used in violation of this Article.
(b) A peace officer seizing a vehicle under this Article shall complete a receipt in accordance with Penal Code Section 1412 and deliver it to the person from whose possession the vehicle was seized.
(c) An immediate investigation shall be made by the City Manager or his or her designee making the seizure as to any potential claimant to a vehicle whose right, title, interest, or lien is of record in the Department of Motor Vehicles of this or any other state or appropriate federal agency. If the City Manager or his or her designee finds that any person, other than the registered owner, is the legal owner, and the ownership did not arise subsequent to the date and time of arrest or seizure of the vehicle or notification of the forfeiture proceedings, the City Manager or his or her designee shall, within ten (10) days of the vehicle’s seizure, send a notice of seizure to the legal owner at his or her address appearing on the records of the Department of Motor Vehicles of this or any other state or any appropriate federal agency.
(d) The City Manager or his or her designee making the seizure of the vehicle shall provide any potential claimants discovered as a result of the investigation set out in subsection (c) above with the opportunity for a post-seizure hearing to determine the validity of the seizure. The post-seizure hearing shall be conducted within two (2) business days of the request. A third-party administrator shall be contracted with the City and shall hold the post-hearing proceedings. Failure of either a registered or legal owner to request a hearing as provided in this Section or to attend a scheduled hearing shall satisfy the postseizure hearing requirement. 3-2.2109 - Notice of Seizure.

The notice of seizure shall include the following:
(a) A description of the vehicle.
(b) The date and place of seizure.
(c) The violation of law alleged with respect to the forfeiture of the vehicle. (d) The instructions for filing and serving a claim with the City Clerk pursuant to Section 3-

2.2108 and time limits for filing a claim.
(e) A vehicle seized pursuant to this Article, where appropriate, may be held as evidence in any proceeding brought by the City Manager or his or her designee, City Attorney or District Attorney.
3-2.2110 - Forfeiture and Notice of Intended Forfeiture of Vehicle. #5..
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EFFECTIVE DATE: September 7, 2023
(a) The City Manager or his or her designee may, pursuant to this Section, order the forfeiture of vehicles seized under this Article.
(b) If the City Manager or his or her designee determines that the factual circumstances warrant forfeiture of the vehicle described in Section 3-2.2107, the City Manager or his or her designee shall serve a notice of intended forfeiture upon any person who has an interest in the seized vehicle. The notice shall be served as soon as practicable but, in any event, within thirty (30) days of the seizure of the vehicle subject to forfeiture. (c) The notice of intended forfeiture shall be served as follows:
(1) The notice of intended forfeiture shall be served by personal delivery or certified mail, return receipt requested, upon any person who has an interest in the seized vehicle as determined pursuant to Section 3-2.2108(c).
(2) In the event that the person entitled to service refuses to accept certified return receipt mail or cannot be personally served, service may be made by substituted service. Substituted service may be accomplished by any one of the following methods:
a. By leaving a copy during usual business hours at the recipient’s business with the person who is apparently in charge, and by thereafter mailing by first-class mail a copy to the recipient where the copy was left. b. By leaving a copy at the recipient’s dwelling or usual place of abode, in the presence of a competent member of the household, and thereafter mailing by first-class mail a copy to the recipient at the address where the copy was left.
(3) If the person entitled to service lives out of state and will not accept certified return receipt mail, then service may be made by first-class mail. (4) If the person entitled to notice cannot be located, or service cannot be made as set forth in this subsection, service may be made by publication in a newspaper of general circulation. Service shall be deemed sufficient when it is accomplished pursuant to Government Code section 6063.
3-2.2111 - Claims Opposing Forfeiture.
(a) A person claiming an interest in the vehicle seized pursuant to the Article shall, within ten (10) days from the date of receipt of the notice of intended forfeiture or within thirty (30) calendar days from the date of first publication of the notice of intended forfeiture, file with the Superior Court of the county in which the vehicle was seized, a Claim Opposing Forfeiture, verified in accordance with section 446 of the Code of Civil Procedure, stating his or her interest in the vehicle. An endorsed copy of the claim shall be served upon the City Clerk within ten (10) days of the filing of the claim. (b) If a verified claim is timely filed, the City Attorney or District Attorney shall institute a forfeiture proceeding by filing a petition for forfeiture with the Superior Court of #5..
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EFFECTIVE DATE: September 7, 2023
Stanislaus County within thirty (30) days of the receipt of the claim and by setting the matter for a hearing on a day not less than thirty (30) days therefrom. If a petition for forfeiture and opposition is filed with the court, claimant will receive a filed endorsed copy of the claim; and the petition for forfeiture with the date, time, and location of the court hearing.
(c) The provisions of the Code of Civil Procedure shall apply to proceedings under this Article unless otherwise inconsistent with the provisions or procedures set forth in this Article. However, in proceedings under this Article, there shall be no joinder of actions, or coordination of actions, except for forfeiture proceedings or cross-complaints, and the issues shall be limited strictly to the questions related to this Article. (d) With respect to vehicles described in Section 3-2.2107 for which forfeiture is sought and as to which forfeiture is contested, the City shall have the burden of proving by a preponderance of the evidence that the vehicle was used as set forth in Section 3-2.2107.

Trial shall be before the court or jury.
(e) Upon proof that the vehicle was used for any of the purposes set forth in Section 3-

2.2107, the court shall declare the vehicle a nuisance and order title and ownership of the vehicle transferred to the City of Modesto and disposal of the vehicle as set forth in this Article.
(f) If no claims are timely filed in response to the notice issued pursuant to subsection (b), the City Attorney or the District Attorney shall prepare a written declaration of forfeiture of the vehicle to the City and dispose of the property in accordance with this Article. A written declaration of forfeiture signed by the City Attorney or District Attorney under this Section shall be deemed to provide good and sufficient title to the forfeited property.

The City Attorney or District Attorney ordering forfeiture pursuant to this section shall provide a copy of the declaration of forfeiture to any person who received notice of the intended forfeiture proceedings.
3-2.2112 - Sale of Forfeited Vehicle After Declaration of Forfeiture.

Any vehicle forfeited pursuant to this Article shall be sold once a declaration of forfeiture is issued by the City Attorney or an order of forfeiture is issued by a court, as the case may be, pursuant to the provisions of this Article. The City shall offer the forfeited vehicle for sale at public auction within sixty (60) days of receiving title to the vehicle. Low-value vehicles shall be disposed of under existing procedures.
3-2.2113 - Disposition of Low-Value Vehicles.

If the City Manager or his or her designee determines that the vehicle to be forfeited and sold pursuant to this Article is of so little value that it cannot readily be sold to the public generally, the vehicle shall be conveyed to a licensed dismantler or donated to a charitable organization. #5..
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EFFECTIVE DATE: September 7, 2023
License plates shall be removed from any vehicle conveyed to a dismantler pursuant to this Section.
3-2.2114 - Distribution of Sale Proceeds.

The Police Department shall establish a policy for the distribution of proceeds prior to the sale of any forfeited vehicle pursuant to Section 3-2.2112.
3-2.2115 - Stolen Vehicles.

No vehicle shall be sold pursuant to this Article if the City Manager or his or her designee determines the vehicle to have been stolen. In this event, the vehicle may be claimed by the registered owner at any time after impoundment, providing the vehicle registration is current, and the registered owner has no outstanding traffic violations or parking penalties on his or her driving record or on the registration record of any vehicle registered to the person. If the identity of the legal and registered owners of the vehicle cannot be reasonably ascertained, the vehicle may be sold.
3-2.2116 - Towing and Storage Fees.
(a) The registered owner of the vehicle is responsible for the costs incurred for towing and storage.
(b) Notwithstanding subdivision (a), the City is responsible for the costs incurred for towing and storage if it is determined that the driver at the time of impoundment did not violate this Article and did not give rise to the nuisance.
3-2.2117 - Recovery of Monetary Loss.

Nothing in this Article shall preclude an owner of a vehicle who suffers a monetary loss from the forfeiture of a vehicle under this Section from recovering the amount of the actual monetary loss from the person(s) who committed the act giving rise to forfeiture under this Article.

SECTION 2. SEVERABILITY.

If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this Ordinance are severable. This City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the Ordinance be enforced.

SECTION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT.
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EFFECTIVE DATE: September 7, 2023
The proposed Ordinance is exempt from the California Environmental Quality Act (“CEQA”) under the general rule in CEQA -Guidelines section 15061(b)(3) that CEQA only applies to projects that have the potential to cause a significant effect on the environment.

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. #5..
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EFFECTIVE DATE: September 7, 2023
The foregoing Ordinance was introduced at a regular meeting of the Council of the City of Modesto held on the 11th day of July, 2023, by Councilmember ?, who moved its introduction and passage to print, which motion being duly seconded by Councilmember ?, 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
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EFFECTIVE DATE: September 7, 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 8th day of August, 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: Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED: ________________________

SUE ZWAHLEN, MAYOR
ATTEST: ___________________________________
DIANE NAYARES-PEREZ, City Clerk
Effective Date: September 7, 2023
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CITY OF MODESTO
ORDINANCE NO. 3768-C.S.

The following Ordinance was introduced by the City Council of the City of Modesto at the meeting of July 11, 2023:

ORDINANCE AMENDING THE MODESTO MUNICIPAL CODE TO ADD ARTICLE 21, TITLED “SIDESHOWS, STREET RACES, AND RECKLESS DRIVING EXHIBITION”, TO CHAPTER 2, “VEHICLES AND TRAFFIC REGULATIONS,” TO TITLE 3 “PUBLIC SAFETY”, TO ESTABLISH REGULATIONS AND PENALTIES

RELATED TO SIDESHOWS, STREET RACES, AND RECKLESS DRIVING

EXHIBITION
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:

August 8, 2023
Date: June 22, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Interim Director of Community and Economic Development SUBJECT: Annual Inflationary Adjustment for Fiscal Year 2023-24 CONTACT: Peter Ibrahim, Infrastructure Financing Program Supervisor [email protected], 209-577-5211
DESCRIPTION:

Consider acknowledging Receipt of Notification of the Annual Inflationary Adjustment for Development User Fees for Fiscal Year 2023-24. (Funding: Development User Fees) 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:

A “development user fee” is a charge for services provide by a governmental agency to a public citizen or group. Specifically, California State law. Government Code 66014(a) stipulates that user fees charged by local agencies,”…may not exceed the estimated reasonable cost of providing the service for which the fee is charged’. Managed by the Community and Economic Development Department, Development User Fees, are charged by the City to pay for the cost of various development services provided by City Staff.

As codified in Modesto Municipal Code Section 8-1.904, Development User Fess shall be due and payable at the time a build permit is issued. There fees include:
 Building Fees
 Planning Fees
 Capital Facilities Fees
 Land Development Engineering Fees
 Water and Sewer Connection Fees
 Fire and Landscaping Plan Check Fees
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City Council, August 8, 2023
Annual Inflationary Adjustment for Fiscal Year 2023-24

In 2011, all development user fees were reviewed and refined by the Comprehensive Fees Task Force (CFTF). The CFTF suggested changes after considering several factors including Land values, improvement project lists and annual inflation adjustments. The CFTF recommendations were approved by the City Council and resulted in a significant reduction in Capital Facilities Fees (CFF) rates and adoption of a policy instituting an annual review of land values to ensure that vast swings in value (both low or high) are accounted for in the CFF Program.

The CFTF recommended an annual inflationary adjustment that can be applied each year based on the annual change in the San Francisco Bay Area Engineering News Record Construction Cost Index through the month of December of the year preceding each inflationary adjustment. Per Resolution 2011-105, all Development User Fees shall be automatically adjusted for inflation based on the annual change in the San Francisco Bay Area Engineering News Record (ENR) Construction Cost Index (CCI) though the month of December the year preceding each inflationary adjustment. The adjustments become effective on or about July 1st each year.

DISCUSSION:

Resolution No.2011-106 approved the annual adjustment as an administrative function and authorized staff to administratively apply annual inflationary adjustments to Development User Fees. Each inflationary adjustment is typically effective on July 1st of each fiscal year. The annual CCI inflationary adjustment to be considered for Fiscal Year 2023-24 is an increase of

8.4%
Since 2011, fees have been increased four times, three during the last three fiscal years.  2011-2019: Fees only increased by an inflation index of 5%  2019: Council approved an inflation factor of 3.49% to all fees per the Comprehensive Fees Task Force recommendation
 2020: No fee increases as a result of COVID-19 pandemic (2020) ENR Construction Cost Index (CCI) was 5.7%
 2021: The annual CCI inflationary adjustment for Fiscal Year 2021-22 was 2.1%  2022: The annual CCI inflationary adjustment for Fiscal Year 2022-23 was 9.19%  2023: The annual CCI inflationary adjustment to be considered for Fiscal Year 2023-24 is an increase of 8.4%
The City is required to provide at least one (1) meeting with stakeholders and other interested parties at least sixty (60) days in advance of the effective date of the adjustment. This meeting was held on June 30, 2023. While the annual adjustment is an administrative function, the item should be submitted to City Council for their information.

In April 2023, during the Finance Committee Budget Workshop, staff included the Development User Fees inflationary adjustment (and CFF inflationary adjustment) as part of the overall presentation. It was assumed that the annual adjustment, as part of the Finance Committee #6..
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City Council, August 8, 2023
Annual Inflationary Adjustment for Fiscal Year 2023-24

Budget Workshop and subsequent approval, would cover the parameters set in the policy.

However, after learning that the Development User Fees were not going before Council, staff consulted with the City Attorney’s Office to determine recourse. It was determined that the City should pause the inflationary adjustment originally set for July 1, 2023. The sixty (60) day period will end on September 1, 2023, marking the effective date of the Fiscal Year 2023-24 inflationary adjustment.

FISCAL IMPACT:

The annual inflationary adjustment is 8.4% and will become effective September 1, 2023. The adjustment will result in an increase in revenues collected on all new construction projects on Development User Fees are collected.

COMMITTEE RECOMMENDATION:

This item is not required to be reviewed by Council Committee, because it is an annual inflationary adjustment.

RECOMMENDED COUNCIL ACTION:

Staff Recommendation:

Resolution acknowledging Receipt of Notification of the Annual Inflationary Adjustment for Development User Fees for Fiscal Year 2023-24.

Approved by:

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

1. Resolution

2. Fiscal Year 2023-24 Capital Facilities Fees

3. Fiscal Year 2023-24 Development User Fee Schedule
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08/08/2023/CEDD/PIbrahim/Item # 1 2023-xxx

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-358

RESOLUTION ACKNOWLEDGING RECEIPT OF NOTIFICATION OF THE

ANNUAL INFLATIONARY ADJUSTMENT FOR DEVELOPMENT USER FEES FOR FISCAL YEAR 2023-24
WHEREAS, a development user fee is a charge for services provided by a governmental agency to a public citizen or group; and
WHEREAS, California State law, Government Code 66014(2), stipulates that user fees charged by local agencies, “…may not exceed the estimated reasonable cost of providing the service for which the fee is charged; and WHEREAS, managed by the Community and Economic Development Department, development user fees, are charged by the City to pay for the cost of various development services provided by City Staff; and
WHEREAS, in 2011, all development user fees were reviewed and refined by the Comprehensive Fees Task Force, and suggested changes after considering several factors including annual inflation adjustments; and
WHEREAS, per Resolution 2011-105, all development user fees shall be automatically adjusted for inflation based on the annual change in the San Francisco Bay Area Engineering News Record Construction Cost Index through the month of December the year proceeding each inflationary adjustment, with adjustments effective on July 1st of each year; and
WHEREAS, the annual Construction Cost Index inflationary adjustment to be considered for Fiscal Year 2023-24 is an increase of 8.4%; and WHEREAS, the City is required to provide at least one meeting with stakeholders and other interested parties at least sixty days in advance of the effective date of #6..
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8/8 2023/CED/PIbrahim/Item 6 2 2023-358
adjustment; and
WHEREAS, this notification of inflationary adjustment meeting was held on June 30, 2023.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Modesto that is hereby acknowledges receipt of notification of the annual inflationary adjustment for Development User Fees for Fiscal Year 2023-24 to become effective September 1, 2023.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 8th day of August, 2023, by Councilmember Wright, who moved its adoption, which motion being duly seconded by Councilmember EscutiaBraaton, was upon roll call carried and the resolution adopted by the following vote:

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

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

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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City of Modesto
2023-2024 Capital Facilities Fees Program
Fee Schedule
Effective September 1, 2023 to June 30, 2024
City Limits
RESIDENTIAL (per dwelling unit)
Single Family $ 18,146
Multi-Family $ 12,250
Senior Housing $ 11,268
NON-RESIDENTIAL (PER 1,000 sq. ft.)
Hotel/Motel (per room) $ 4,874
Retail <50,000 $ 13,459
Retail 50,000 - 100,000 $ 11,252
Retail 100,000 - 300,000 $ 9,575
Retail >300,000 $ 8,963
Medical Office $ 17,204
General Office $ 8,710
Hospital $ 12,250
Daycare $ 7,132
Church $ 2,176
Nursing Home $ 2,796
Industrial (Manufacturing) $ 3,408
Industrial (Warehousing) $ 2,496
City of Modesto
2023-2024 Capital Facilities Fees Program
Fee Schedule
Effective September 1, 2023 to June 30, 2024
Sphere of Influence
RESIDENTIAL (per dwelling unit)
Single Family $ 11,107
Multi-Family $ 7,829
Senior Housing $ 5,201
NON-RESIDENTIAL (PER 1,000 sq. ft.)
Hotel/Motel (per room) $ 4,634
Retail <50,000 $ 13,216
Retail 50,000 - 100,000 $ 11,004
Retail 100,000 - 300,000 $ 9,329
Retail >300,000 $ 8,716
Medical Office $ 16,806
General Office $ 8,230
Hospital $ 11,774
Daycare $ 6,642
Church $ 1,599
Nursing Home $ 2,249
Industrial (Manufacturing) $ 3,203
Industrial (Warehousing) $ 2,288
City of Modesto
2023-2024 Capital Facilities Fees Program
Fee Schedule
Effective September 1, 2023 to June 30, 2024
Downtown Residential Mix-Use Incentive
RESIDENTIAL (per dwelling unit)
Single Family $ 9,902
Multi-Family $ 6,451
Senior Housing $ 6,293
NON-RESIDENTIAL (PER 1,000 sq. ft.)
Hotel/Motel (per room) $ 588
1066
Retail <50,000 $ 1,066
Retail 50,000 - 100,000 $ 963
Retail 100,000 - 300,000 $ 891
Retail >300,000 $ 861
Medical Office $ 1,548
General Office $ 1,134
Hospital $ 1,270
Industrial (Manufacturing) $ 472
Industrial (Warehousing) $ 438
Daycare $ 1,070
Church $ 883
Nursing Home $ 904
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Fiscal Year 2023-2024
Development Fee Schedule
Fees as of September 1, 2023
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CITY OF MODESTO
Development Fee Schedule
PLANNING DIVISION ………………………………………………………………………………………………………………………………………………………………………………………4 ZONING ACTIONS ………………………………………………………………………………………………………………………………………………………………………………………4 MINOR ZONING ACTIONS …………………………………………………………………………………………………………………………………………………………………………4 LAND DIVISION …………………………………………………………………………………………………………………………………………………………………………………………4 GENERAL PLAN/SPECIFIC PLAN …………………………………………………………………………………………………………………………………………………………………4 ENVIRONMENTAL REVIEW …………………………………………………………………………………………………………………………………………………………………………4 MISCELLANEOUS ………………………………………………………………………………………………………………………………………………………………………………………5 COMMERCIAL CANNABIS …………………………………………………………………………………………………………………………………………………………………………………6 PHASE ONE APPLICATION FEE …………………………………………………………………………………………………………………………………………………………………6 PHASE TWO APPLICATION FEE ………………………………………………...…………………..……………………………………………………………………6 ANNUAL COMMERCIAL CANNABIS PERMIT FEE ………………………………………………………………………………………………………………………………………6 BUILDING SAFETY DIVISION ……………………………………………………………………………………………………………………………………………………………………………7 RESIDENTIAL ……………………………………………………………………………………………………………………………………………………………………………………………7 COMMERCIAL AND MULTI-FAMILY ……………………………………………………………………………………………………………………………………………………………7 OTHER ………………………………………………………………………………………………………………………………………………………………………………………………………8 CAPITAL FACILITIES FEES - CITY LIMITS ……………………………………………………………………………………………………………………………………………………………9 RESIDENTIAL ……………………………………………………………………………………………………………………………………………………………………………………………9 NON-RESIDENTIAL ……………………………………………………………………………………………………………………………………………………………………………………9 CAPITAL FACILITIES FEES - SPHERE OF INFLUENCE ……………………………………………………………………………………………………………………………………………10 RESIDENTIAL ……………………………………………………………………………………………………………………………………………………………………………………………10 NON-RESIDENTIAL ……………………………………………………………………………………………………………………………………………………………………………………10 CAPITAL FACILITIES FEES - DOWNTOWN ECONOMIC INCENTIVE PROGRAM ……………………………………………………………………………………………………11 RESIDENTIAL ……………………………………………………………………………………………………………………………………………………………………………………………11 NON-RESIDENTIAL ……………………………………………………………………………………………………………………………………………………………………………………11 INFRASTRUCTURE FINANCING PROGRAMS ………………………………………………………………………………………………………………………………………………………12 COMMUNITY FACILITIES DISTRICTS (IN GENERAL) ………………………………………………………………………………………………………………………………………12 DEFERRAL AGREEMENTS ……………………………………………………………………………………………………………………………………………………………………………12 COMMUNITY FACLITIES DISTRICTS …………………………………………………………………………………………………………………………………………………………………13 CFD NO. 1996-1 (VILLAGE ONE) …………………………………………………………………………………………………………………………………………………………………13 One-Time Facilities Special Tax (Annexed Properties) ……………………………………………………………………………………………………………………………13 One-Time Facilities Special Tax (Non-Annexed Properties) ……………………………………………………………………………………………………………………13 Annual Maintenance Tax ……………………………………………………………………………………………………………………………………………………………………13 CFD NO. 1997-1 (NORTH BEYER PARK) ………………………………………………………………………………………………………………………………………………………14 One-Time Facilities Special Tax (Annexed Properties) ……………………………………………………………………………………………………………………………14 One-Time Facilities Special Tax (Non-Annexed Properties) ……………………………………………………………………………………………………………………14 Annual Maintenance Tax …………………………………………………………………………………………………………………………………………………………………………14 CFD NO. 1998-2 (CARVER-BANGS/PELANDALE-SNYDER) ……………………………………………………………………………………………………………………………15 One-Time Facilities Special Tax (Annexed Properties) ……………………………………………………………………………………………………………………………15 One-Time Facilities Special Tax (Non-Annexed Properties) ……………………………………………………………………………………………………………………15 Annual Maintenance Tax ……………………………………………………………………………………………………………………………………………………………………15 CFD NO. 2000-2 (COFFEE-CLARATINA) ………………………………………………………………………………………………………………………………………………………16 Annexation One-Time Special Tax ………………………………………………………………………………………………………………………………………………………16 Annual Maintenance Special Tax …………………………………………………………………………………………………………………………………………………………16 CFD NO. 2002-1 (NORTHPOINTE) ………………………………………………………………………………………………………………………………………………………………17 One Time Special Tax …………………………………………………………………………………………………………………………………………………….. 17 Annual Maintenance Special Tax …………………………………………………………………………………………………………………………………………………………17 CFD NO. 2003-1 (FAIRVIEW VILLAGE) …………………………………………………………………………………………………………………………………………………………18 One-Time Facilities Special Tax ……………………………………………………………………………………………………………………………………………………………18 Annual Facilities Special Tax ………………………………………………………………………………………………………………………………………………………………18 Annual Maintenance Special Tax …………………………………………………………………………………………………………………………………………………………18 Table of Contents
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CITY OF MODESTO
Development Fee Schedule
CFD NO. 2004-1 (VILLAGE ONE #2)….……………………………………………………………………………………………………………………… 19 One-Time Facilities Special Tax (Annexed Properties) ……………………………………………………………………………………………………………………………19 One-Time Facilities Special Tax (Non-Annexed Properties) ……………………………………………………………………………………………………………………19 Annual Facilities Special Tax ………………………………………………………………………………………………………………………………………………………………20 Annual Maintenance Special Tax …………………………………………………………………………………………………………………………………………………………20 CFD NO. 2005-1 (HETCH HETCHY) ………………………………………………………………………………………………………………………………………………………………21 Maximum One-Time Facilities Special Tax (Annexed Properties) …………………………………………………………………………………………………………21 Maximum Annual Maintenance Special Tax ………………………………………………………………………………………………………………….. 21 Maximum Annual Facilities Special Tax ………………………………………………………………………………………………………………….. 21 CFD NO. 2007-1 (NORTH BEYER PARK #2) …………………………………………………………………………………………………………………………………………………22 One-Time Facilities Special Tax (Annexed Properties) ……………………………………………………………………………………………………………………………22 One-Time Facilities Special Tax (Non-Annexed Properties) ……………………………………………………………………………………………………………………22 Annual Maintenance Special Tax (Annexed Properties) ………………………………………………………………………………………………………………………22 Annual Maintenance Special Tax (Non-Annexed Properties) …………………………………………………………………………………………………………………22 CFD NO. 2007-2 (KIERNAN BUSINESS PARK WEST) ……………………………………………………………………………………………………………………………………23 Maximum One-Time Facilities Special Tax (Annexed Properties) …………………………………………………………………………………………………………23 Annual Maintenance Special Tax …………………………………………………………………………………………………………………………………………………………23 CFD NO. 2012-1 (KIERNAN BUSINESS PARK SOUTH)……………………………………………………………………………………………………………………………………24 Maximum One-Time Facilities Special Tax (Annexed Properties) …………………………………………………………………………………………………………24 Maximum One-Time Facilities Special Tax (Non-Annexed Properties) ……………………………………………………………………………………………………24 Maximum Annual Maintenance Special Tax …………………………………………………………………………………………………………………………………………24 CFD NO. 2016-1 (KIERNAN BUSINESS PARK East #2)……………………………………………………………………………………………………………………………………25 Maximum One-Time Facilities Special Tax (Annexed Properties) …………………………………………………………………………………………………………25 Maximum Annual Maintenance Special Tax …………………………………………………………………………………………………………………………………………25 CFD NO. 2016-2 (The Vintage) ……………………………………………………………………………………………………………………………………………………………………26 Maximum One-Time Facilities Special Tax (Annexed Properties) …………………………………………………………………………………………………………26 Maximum Annual Maintenance Special Tax …………………………………………………………………………………………………………………………………………26 CFD NO. 2021-1 (Woodglen) ………………………………………………………………………………………………………………………………………………………………………27 Maximum One-Time Facilities Special Tax (Annexed Properties) …………………………………………………………………………………………………………27 Maximum Annual Maintenance Special Tax …………………………………………………………………………………………………………………………………………27 LAND DEVELOPMENT ENGINEERING ………………………………………………………………………………………………………………………………………………………………28 ENGINEERING DEVELOPMENT ……………………………………………………………………………………………………………………………………………………………………28 ENCROACHMENT PERMIT …………………………………………………………………………………………………………………………………………………………………………28 TRENCH RESTORATION ……………………………………………………………………………………………………………………………………………………………………………29 WATER RELATED ………………………………………………………………………………………………………………………………………………………………………………………31 Water Connection ………………………………………………………………………………………………………………………………………………………………………………31 Water Main Installation ……………………………………………………………………………………………………………………………………………………………………31 Water Meter ………………………………………………………………………………………………………………………………………………………………………………………31 Fire Hydrant Installation ……………………………………………………………………………………………………………………………………………………………………31 Other …………………………………………………………………………………………………………………………………………………………………………………………………32 SEWER RELATED ………………………………………………………………………………………………………………………………………………………………………………………33 Wastewater Capacity Charge ……………………………………………………………………………………………………………………………………………………………33 Other …………………………………………………………………………………………………………………………………………………………………………………………………34 FIRE DEPARTMENT …………………………………………………………………………………………………………………………………………………………………………………………25 LANDSCAPE AND IRRIGATION …………………………………………………………………………………………………………………………………………………………………………36 LANDSCAPE PLAN REVIEW …………………………………………………………………………………………………………………………………………………………………………36 LANDSCAPE AND IRRIGATION INSPECTIONS ………………………………………………………………………………………………………………………………………………36 OTHER DEVELOPMENT RELATED FEES ………………………………………………………………………………………………………………………………………………………………37 STANISLAUS COUNTY PUBLIC FACILITIES FEES (PFF) ……………………………………………………………………………………………………………………………………37 MODESTO CITY SCHOOL FEES ……………………………………………………………………………………………………………………………………………………………………37 Table of Contents (cont'd)
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Description Per Due at
Zoning Actions
P-D Zone Application Time of Application
P-D Amendment (Planning Commission approval) Application Time of Application P-D Amendment (City Council approval) Application Time of Application Rezone Application Time of Application
Prezone Application Time of Application
Development Agreement** Deposit Time of Application
Development Agreement Amendment Application Time of Application Precise Plan/Precise Plan Amendment Application Time of Application Area Plan Application Time of Application
Annexation Application Time of Application
Operating Agreement Deposit Time of Application
Minor Zoning Actions
Conditional Use Permit with Development Application Time of Application Conditional Use Permit without Development Application Time of Application Conditional Use Permit in Single-Family Dwelling Application Time of Application Conditional Use Permit, Signs and Cell Facilities Application Time of Application Variance Application Time of Application
Variance for Single-Family Dwelling₃ Application Time of Application Exception Application Time of Application
Development Plan Review Application Time of Application Development Plan Review, minor alterations ₁ Application Time of Application Development Plan Review, minor residential Application Time of Application Final Development Plan (Planning Commission approval) Application Time of Application Final Development Plan (Administrative approval) Application Time of Application Plot Plan Review (Planning Commission/BZA approval) Application Time of Application Minor Plan Revisions Application Time of Application
Land Division
Tentative Subdivision Map Application Time of Application Tentative Parcel Map Application Time of Application
Lot Line Adjustment Application Time of Application
General Plan/Specific Plan
General Plan Amendment Application Time of Application
Specific Plan Review** Deposit Time of Application
Specific Plan Amendment (City Council approval) Application Time of Application Specific Plan Amendment (Administrative approval) Application Time of Application General Plan Maintenance Recovery Fee $1,000 of Valuation Time of Application Environmental Review
Environmental Impact Report** Deposit Time of Application Mitigated Negative Declaration** Deposit Time of Application Negative Declaration Application Time of Application
Initial Study Application Time of Application
Notice of Determination Filing Fees ₄
Initial Study/Finding of Conformance
See County ClerkRecorder's Office under
"Special Fee" Application Prior to Hearing Date
Mitigated Negative Declaration
State Department of Fish
& Game
County Clerk Recorder Fee
See County ClerkRecorder's Office under
"Special Fee" Application Prior to Hearing Date
Environmental Impact Report
State Department of Fish & Game Fee
State Department of Fish
& Game Application Prior to Hearing Date
County Clerk Recorder Fee
See County ClerkRecorder's Office under
"Special Fee" Application Prior to Hearing Date
Landmark Preservation
Mills Act $1,946.00 Application Time of Application
Demolish or Designate Landmark $1,952.00 Application Time of Application Alter or Renovate Landmark $1,480.00 Application Time of Application 2 3

Effective
September 1, 2023
through
June 30, 2024
$7,495.00
$6,041.00
$7,495.00
$4,323.00
$4,323.00
$5,000.00
$4,944.00
$7,495.00
$6,041.00
$7,959.00
$10,000.00
$6,041.00
$2,877.00
$1,584.00
$2,115.00
$2,877.00
$1,584.00
$2,877.00
$3,930.00
$580.00
$791.00
$6,041.00
$3,930.00
$580.00
$580.00
$6,041.00
$2,961.00
$7,495.00
$10,000.00
$7,495.00
$3,930.00
.55/1,000 valuation
$10,000.00
$5,000.00
$1,198.00
$589.00
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Description Per Due at
Miscellaneous
Street/Alley Abandonment $7,495.00 Application Time of Application Street/Alley Closure $7,495.00 Application
Time Extension (Planning Commission/BZA approval) $1,734.00 Application Time of Application Time Extension (Administrative approval) $163.00 Application Time of Application Director Determination (Administrative approval) $163.00 Determination Time of Application Williamson Act Cancellation $3,519.00 Application Time of Application Appeals of Administrative Decisions $864.00 Appeal Time of Application Referral of Plans to Planning Commission/BZA $2,217.00 Referral Time of Application Building Plan Check $117.00 Plan Check Permit Application Address Change $197.00 Application Time of Application
Parking exception $2,877.00 Application Time of Application Zoning Verification Letter $47.00 Letter Time of Request Division Endnotes
1 Minor site plan or façade modifications, cellular facilities 2 Second-story review, large family daycare 3 Fee subsidized - reduced to cover costs of noticing, holding hearing, and City Attorney Fee 4 All checks for Notice of Determination Filing Fees must be made out to the Stanislaus County Clerk-Recorder. ** Time and Materials Fees:

1. When multiple entitlement applications are filed for the same project and one or more of the applications is a time and materials fee, then the entire project shall be treated as a time and materials project for fee purposes.

2. When deposited funds drop below 50% of the initial deposit amount, then additional funds shall be required to be deposited in an amount to be determined by the Director. This requirement may be waived by the Director if it is determined that additional funds are not needed to complete the entitlements or the entitlements are inactive.

3. Once the project is completed, withdrawn or returned, the applicant shall be returned the balance of any remaining unused funds.

Concurrent Processing:

When two or more entitlement applications related to a single development proposal on the same parcel are submitted simultaneously, the application fees shall be the highest fee plus half of the fees for the remaining applications (exclusive of CEQA processing fees).

Refunds (Non Time and Materials Fees):

1. If an application is withdrawn or returned before it is deemed complete or within two weeks of submittal, whichever occurs first, then the applicant shall be entitled to a full refund.

2. If an application is withdrawn or returned after the initial period described above, but no later than six months after submittal and prior to scheduling for a hearing or an administrative decision, then the applicant shall be refunded half of the application fees submitted.

3. After six months from application submittal, or once an application has been scheduled for a public hearing or administrative decision, whichever occurs first, no refunds shall be given.

Authority to determine fee when none exists: If an application is made for an entitlement where no fee has been established, then the Director shall determine the appropriate fee based on the adopted fees for similar entitlements requiring a similar process or amount of staff time.

CITY OF MODESTO
Community and Economic Development Department
Planning Division Fee Schedule
(209) 577-5267
Effective
September
1, 2023
through
June 30, 2024
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Description Per Due at
Commercial Cannabis Permit Item
Pre-Application Screening Fee (Optional) $1,250 Pre-Application Time of Application Application Fee - Retail and Non Retail Cannabis Businesses (background Check, zoning clearance, non-refundable) $6,380 Application Time of Application Annual Commercial Cannabis Permit Fee $18,732 Annual Time of Application

CITY OF MODESTO
Community and Economic Development Department
Planning Division Fee Schedule
(209) 577-5267
Effective
September
1, 2023
through
June 30, 2024
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CITY OF MODESTO
Community and Economic Development Department
Building Safety Division Fee Schedule
(209)577-5232
Description Per Due at

RESIDENTIAL FEES
Custom Residential Dwelling including Duplex (includes MPE) Accessory Dwelling Units and small dwellings up to 1,200 sf $2,429.00 Permit Time of Application Dwellings up to 5,000 sf $3,560.00 Permit Time of Application Dwellings 5,000 sf or greater $3,560.00 Deposit Time of Application Residential Dwelling - Tract Homes (includes MPE)
Master Plan Review per Development $2,594.00 Review Time of Application Production Home $2,395.00 Each Time of Application
Residential Additions, Remodels, Minor Improvements and Repairs Additions less than or equal to 500 sf (includes MPE) $1,896.00 Permit Time of Application Additions > 500 sf (includes MPE) $2,546.00 Deposit Time of Application Residential Remodel - No structural review needed (includes MPE) $881.00 Permit Time of Application Improvements: Decks, Patio Enclosures and Covers, Carports, Covered Porch, etc. $498.00 Permit Time of Application Accessory Buildings: 120 to 500 sf (> 500 sf, see Garage) $654.00 Permit Time of Application Garage $954.00 Permit Time of Application
Re-Roofing $349.00 Permit Time of Application
Mobile Home Installation (permanent foundation) $667.00 Permit Time of Application Mobile Home Installation (park intallation) $196.00 Permit Time of Application Mobile Home Awning (park installation ) $196.00 Permit Time of Application

COMMERCIAL FEES
New Construction (includes MPE)
New Building without Interior Improvements (Shell) $5,771.00 Deposit Time of Application New Building with Interior Improvements $18,436.00 Deposit Time of Application Apartment/Condo $5,791.00 Deposit Time of Application
Hotel/Motel $34,443.00 Deposit Time of Application
Commerical Additions
Up to 3,000 sf (includes MPE) $2,686.00 Permit Time of Application Greater than 3,000 sf (includes MPE) $2,686.00 Deposit Time of Application Tenant Improvement 500 to 3,000 sf (includes MPE) $1,989.00 Permit Time of Application Tenant Improvement > 3,000 sf (includes MPE) $2,422.00 Deposit Time of Application Minor Improvements and Remodels: Decks, Awnings, Single interior partition and demising walls, tenant improvements up to 500 sf $1,331.00 Permit Time of Application Accessory Buildings less than or equal to 500 sf (> 500 sf, see Garage) $654.00 Permit Time of Application Garage (up to 720 sf and no occupancy) $1,289.00 Permit Time of Application Re-Roofing $558.00 Permit Time of Application
Commercial Remodels, Tenant Improvements, Minor Improvements and Repairs

Effective
September 1,
2023 through
June 30, 2024
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CITY OF MODESTO
Community and Economic Development Department
Building Safety Division Fee Schedule
(209)577-5232
Description Per Due at

RESIDENTIAL FEES
Custom Residential Dwelling including Duplex (includes MPE) Accessory Dwelling Units and small dwellings up to 1,200 sf $2,429.00 Permit Time of Application Dwellings up to 5,000 sf $3,560.00 Permit Time of Application Dwellings 5,000 sf or greater $3,560.00 Deposit Time of Application Residential Dwelling - Tract Homes (includes MPE)
Master Plan Review per Development $2,594.00 Review Time of Application Production Home $2,395.00 Each Time of Application
Residential Additions, Remodels, Minor Improvements and Repairs Additions less than or equal to 500 sf (includes MPE) $1,896.00 Permit Time of Application Additions > 500 sf (includes MPE) $2,546.00 Deposit Time of Application Residential Remodel - No structural review needed (includes MPE) $881.00 Permit Time of Application Improvements: Decks, Patio Enclosures and Covers, Carports, Covered Porch, etc. $498.00 Permit Time of Application Accessory Buildings: 120 to 500 sf (> 500 sf, see Garage) $654.00 Permit Time of Application Garage $954.00 Permit Time of Application
Re-Roofing $349.00 Permit Time of Application
Mobile Home Installation (permanent foundation) $667.00 Permit Time of Application Mobile Home Installation (park intallation) $196.00 Permit Time of Application Mobile Home Awning (park installation ) $196.00 Permit Time of Application

COMMERCIAL FEES
New Construction (includes MPE)
New Building without Interior Improvements (Shell) $5,771.00 Deposit Time of Application New Building with Interior Improvements $18,436.00 Deposit Time of Application Apartment/Condo $5,791.00 Deposit Time of Application
Hotel/Motel $34,443.00 Deposit Time of Application
Commerical Additions
Up to 3,000 sf (includes MPE) $2,686.00 Permit Time of Application Greater than 3,000 sf (includes MPE) $2,686.00 Deposit Time of Application Tenant Improvement 500 to 3,000 sf (includes MPE) $1,989.00 Permit Time of Application Tenant Improvement > 3,000 sf (includes MPE) $2,422.00 Deposit Time of Application Minor Improvements and Remodels: Decks, Awnings, Single interior partition and demising walls, tenant improvements up to 500 sf $1,331.00 Permit Time of Application Accessory Buildings less than or equal to 500 sf (> 500 sf, see Garage) $654.00 Permit Time of Application Garage (up to 720 sf and no occupancy) $1,289.00 Permit Time of Application Re-Roofing $558.00 Permit Time of Application
Commercial Remodels, Tenant Improvements, Minor Improvements and Repairs

Effective
September 1,
2023 through
June 30, 2024
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CITY OF MODESTO
Community and Economic Development Department
Infrastructure Financing Programs
Capital Facility Fees - City Limits
(209) 577-5211
Description Per Due at
Residential
Single-Family $18,146.00 Dwelling Unit Permit Issuance
Multi-Family $12,250.00 Dwelling Unit Permit Issuance
Senior Housing $11,268.00 Dwelling Unit Permit Issuance Non-Residential
Hotel/Motel $4,874.00 Room Permit Issuance
Retail
<50,000 square feet $13,459.00 1,000 sf Permit Issuance 50,000 – 100,000 square feet $11,252.00 1,000 sf Permit Issuance 100,000 – 300,000 square feet $9,575.00 1,000 sf Permit Issuance >300,000 square feet $8,963.00 1,000 sf Permit Issuance Medical Office $17,204.00 1,000 sf Permit Issuance
General Office $8,710.00 1,000 sf Permit Issuance
Hospital $12,250.00 1,000 sf Permit Issuance
Daycare $7,132.00 1,000 sf Permit Issuance
Church $2,176.00 1,000 sf Permit Issuance
Nursing Home $2,796.00 1,000 sf Permit Issuance
Industrial
Manufacturing $3,408.00 1,000 sf Permit Issuance
Warehousing $2,496.00 1,000 sf Permit Issuance

Effective
September 1,
2023 through
June 30, 2024
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CITY OF MODESTO
Community and Economic Development Department
Infrastructure Financing Programs
Capital Facility Fees - Sphere of Influence
(209) 577-5211
Description Per Due at
Sphere of Influence Residential
Single-Family $11,107.00 Dwelling Unit Permit Issuance
Multi-Family $7,829.00 Dwelling Unit Permit Issuance
Senior Housing $5,201.00 Dwelling Unit Permit Issuance
Sphere of Influence Non-Residential
Hotel/Motel $4,634.00 Room Permit Issuance
Retail
<50,000 square feet $13,216.00 1,000 sf Permit Issuance 50,000 – 100,000 square feet $11,004.00 1,000 sf Permit Issuance 100,000 – 300,000 square feet $9,329.00 1,000 sf Permit Issuance >300,000 square feet $8,716.00 1,000 sf Permit Issuance Medical Office $16,806.00 1,000 sf Permit Issuance
General Office $8,230.00 1,000 sf Permit Issuance
Hospital $11,774.00 1,000 sf Permit Issuance
Daycare $6,642.00 1,000 sf Permit Issuance
Church $1,599.00 1,000 sf Permit Issuance
Nursing Home $2,249.00 1,000 sf Permit Issuance
Industrial
Manufacturing $3,203.00 1,000 sf Permit Issuance
Warehousing $2,288.00 1,000 sf Permit Issuance

Effective
September 1,
2023 through
June 30, 2024
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CITY OF MODESTO
Community and Economic Development Department
Infrastructure Financing Programs
Capital Facility Fees - Downtown Economic Incentive Program (209) 577-5211
Description Per Due at
Residential
Single-Family $9,902.00 Dwelling Unit Permit Issuance
Multi-Family $6,541.00 Dwelling Unit Permit Issuance
Senior Housing $6,293.00 Dwelling Unit Permit Issuance
Non-Residential
Hotel/Motel $588.00 Room Permit Issuance
Retail
<50,000 square feet $1,066.00 1,000 sf Permit Issuance
50,000 – 100,000 square feet $963.00 1,000 sf Permit Issuance 100,000 – 300,000 square feet $891.00 1,000 sf Permit Issuance >300,000 square feet $861.00 1,000 sf Permit Issuance
Medical Office $1,548.00 1,000 sf Permit Issuance
General Office $1,134.00 1,000 sf Permit Issuance
Hospital $1,270.00 1,000 sf Permit Issuance
Daycare $1,070.00 1,000 sf Permit Issuance
Church $883.00 1,000 sf Permit Issuance
Nursing Home $904.00 1,000 sf Permit Issuance
Industrial
Manufacturing $472.00 1,000 sf Permit Issuance
Warehousing $438.00 1,000 sf Permit Issuance
Division End Notes
1 Project must include new development within the designated downtown area and include a residential component to the project to qualify.

Effective
September 1,
2023 through
June 30, 2024
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CITY OF MODESTO
Community and Economic Development Department
Infrastructure Financing Programs
(209) 577-5211
Description Per Due at
Community Facilities Districts (In General)
Formation of Community Facilities District* $64,500.00 Deposit Time of Application Annexation into Existing Community Facilities District* $9,500.00 Deposit Time of Application First page of Recordation document2 $14.00 Agreement Prior to Recordation Each additional page of recordation document2 $3.00 Agreement Prior to Recordation Fraud Fee2 $3.00 Agreement Prior to Recordation
Deferral Agreements 1
Commercial, Industrial and Multi-Family Deferrals
Administrative Fee $250.00 Agreement Time of Application Title Report Fee $500.00 Title Report Time of Application Release of Lien2 $20.00 Release Prior to Release
First page of Recordation document $14.00 Agreement Prior to Recordation Each additional page of recordation document2 $3.00 Agreement Prior to Recordation Fraud Fee2 $3.00 Agreement Prior to Recordation
Single Family Deferrals
Administrative Fee $250.00 Agreement Time of Application Title Report Fee $500.00 Title Report Time of Application Release of Lien2 $20.00 Release Prior to Release
First page of Recordation document2 $14.00 Agreement Prior to Recordation Each additional page of recordation document $3.00 Agreement Prior to Recordation Fraud Fee2 $3.00 Agreement Prior to Recordation
House Sewer Line Repair Cost-Share Program
Administrative Fee $250.00 Agreement Time of Application Title Report Fee $75.00 Title Report Time of Application Release of Lien2 $20.00 Release Prior to Release
First page of Recordation document2 $14.00 Agreement Prior to Recordation Each additional page of recordation document2 $3.00 Agreement Prior to Recordation Fraud Fee2 $3.00 Agreement Prior to Recordation
Division Endnotes
* Time and Materials based fee.
1 Deferred Payment Agreements are an elective deferral of Capital Facilities Fees, Water Connection Fees and/or Wastewater Capacity Fees. Fees listed are charged for the initiation and administration of Deferred Payment Agreements. 2 Charged by the Stanislaus County Clerk Recorder's Office and subject to change.

Effective
September
1, 2023
through
June 30, 2024
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CITY OF MODESTO
Community and Economic Development Department
Infrastructure Financing Programs
Community Facilities District No. 1996-1 (Village One)
Description Per Due at
One-Time Facilities Special Tax (Annexed Properties)1
Esta Estates Subdivision $35,399.90 Lot Permit Issuance Lawson’s Twenty Subdivision $23,080.60 Lot Permit Issuance Villagio Subdivision $27,772.32 Lot Permit Issuance
One-Time Facilities Special Tax (Non-Annexed Properties)2 Formation
Village Residential $106,210.34 Gross Acre Permit Issuance Village Low-Density Residential $70,777.38 Gross Acre Permit Issuance Multi-Family Residential $276,541.48 Gross Acre Permit Issuance Commercial $311,624.36 Gross Acre Permit Issuance
Industrial $146,417.02 Gross Acre Permit Issuance
Annexation # 2
Village Residential $108,298.52 Gross Acre Permit Issuance Village Low-Density Residential $72,402.94 Gross Acre Permit Issuance Multi-Family Residential $280,814.48 Gross Acre Permit Issuance Commercial $317,966.38 Gross Acre Permit Issuance
Industrial $148,898.58 Gross Acre Permit Issuance
Commercial $286,694.42 Gross Acre Permit Issuance
Industrial $143,685.28 Gross Acre Permit Issuance
Annual Maintenance Tax3
Developed Property
Very Low Density Residential $414.16 Lot Annually (Dec/Apr) Village Residential $414.16 Lot Annually (Dec/Apr)
Multi-Family Residential $268.88 Unit Annually (Dec/Apr) Commercial $1,339.90 Gross Acre Annually (Dec/Apr)
Industrial $1,452.46 Gross Acre Annually (Dec/Apr)
Undeveloped Property
Very Low Density Residential $207.08 Lot Annually (Dec/Apr) Village Residential $207.08 Lot Annually (Dec/Apr)
Multi-Family Residential $134.46 Unit Annually (Dec/Apr) Commercial $1,452.46 Gross Acre Annually (Dec/Apr)
Industrial $1,452.46 Gross Acre Annually (Dec/Apr)
Division Endnotes
3 The Annual Maintenance Special Tax is levied and collected at the same time as property taxes. It is a perpetual special tax that pays for authorized services, administrative expenses not covered in the Annual Facilities Special Tax for the fiscal year, and cures delinquencies. 1 The One-Time Facilities Special Tax shall be collected prior to the earlier of a final building permit inspection being completed or a certificate of occupancy being issued for new construction for any residential or non-residential structure within CFD No. 1996-1 and shall be immediately delinquent if not so paid. 2 The One-Time Facilities Special Tax shall be collected prior to building permit issuance for new construction of any residential or non-residential structure on taxable property within the CFD.

(209) 577-5211
Effective
September 1,
2023 through
June 30, 2024
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CITY OF MODESTO
Community and Economic Development Department
Infrastructure Financing Programs
Community Facilities District No. 1997-1 (North Beyer Park) (209) 577-5211
Description Per Due at
One-Time Facilities Special Tax (Annexed Properties)1 Unit - One-Time Facilities Special Tax (Non-Annexed Properties)2 Single-Family Detached Residential $199.39 Unit Permit Issuance Multi-Family Residential $128.18 Unit Permit Issuance
Non- Residential $10,119.00 Acre Permit Issuance
Annual Maintenance Tax3
Very Low Density Residential $189.90 Lot Annually (Dec/Apr) Village Residential $123.44 Unit Annually (Dec/Apr)
Non-Residential $942.15 Gross Acre Annually (Dec/Apr)
Division Endnotes
3 The Annual Maintenance Special Tax is levied and collected at the same time as property taxes. It is a perpetual fee that pays for authorized services, administrative expenses not covered in the Annual Facilities Special Tax for the fiscal year, and cures delinquencies. 1 The One-Time Facilities Special Tax shall be collected prior to a final building permit inspection being completed or a certificate of occupancy being issued for new construction for any residential or non-residential structure within CFD NO. 1997-1 and shall be immediately delinquent if not so paid.
2 The One-Time Facilities Special Tax shall be collected prior to building permit issuance for new construction of any residential or nonresidential structure on taxable property within the CFD.

Effective
September 1,
2023 through
June 30, 2024
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CITY OF MODESTO
Community and Economic Development Department
Infrastructure Financing Programs
Community Facilities District No. 1998-2 (Carver/Bangs-Pelandale/Snyder) (209) 577-5211
Description
Effective
January 1, 2023
through
December 31, 2023 Per Due at
One-Time Facilities Special Tax (Annexed Properties) 1
Tax Area A (Carver/Bangs)
Calvary Chapel (APN 078-018-048) $40,736.53 Lot Permit Issuance Tax Area B (Pelandale/Snyder)
APN 078-066-003 $26,266.26 Lot Permit Issuance
Dale Road Professional Park (APN 078-066-016) $40,172.26 Lot Permit Issuance One-Time Facilities Special Tax (Non-Annexed Properties) 2 Tax Area A (Carver/Bangs)
Tax Area B (Pelandale/Snyder)
APN 078-018-006 - Split into Sutter Ridge Subdiv. & APNs 078-066-001 thru 078- 066-016
Lot Permit Issuance
APN 046-024-060 Lot Permit Issuance
Annual Maintenance Tax3
Tax Area A (Carver/Bangs)
Single-Family Residential $314.57 Unit Annually (Dec/Apr) Multi-Family Residential $2,519.22 Acre Annually (Dec/Apr) Non-Residential $2,519.22 Acre Annually (Dec/Apr)
Tax Area B (Pelandale/Snyder)
Single-Family Residential $245.26 Unit Annually (Dec/Apr) Multi-Family Residential $1,954.06 Acre Annually (Dec/Apr) Non-Residential $1,954.06 Acre Annually (Dec/Apr)
Chateau Provence $41,155.20 Subdivision Annually (Dec/Apr) Division Endnotes
2 The One-Time Facilities Special Tax shall be collected prior to building permit issuance for new construction of any residential or non-residential structure on taxable property within the CFD.
3 Beginning January 1999 and each January thereafter, the maximum Annual Maintenance Special Tax shall be increased by 4% of the amount in effect in the prior year. Each annual adjustment of the maximum Annual Maintenance Special Tax shall become effective on the subsequent July 1. 1 The Facilities Special Tax shall be collected prior to a final building permit inspection being completed or a certificate of occupancy being issued for new construction (whichever occurs first) for any residential or non-residential structure within CFD No. 1998-2 and shall be immediately delinquent if not so paid.

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CITY OF MODESTO
Community and Economic Development Department
Infrastructure Financing Programs
Community Facilities District No. 2000-2 (Coffee-Claratina) (209) 577-5211
Description Per Due at
Annexation One-Time Special Tax1
Arbor Lane 1 Subdivision TBD @ Annexation Lot -
Arbor Lane 2 Subdivision TBD @ Annexation Lot -
Claratina Estates Unit No. 1 Subdivision TBD @ Annexation Lot - Loretelli Manor Subdivision TBD @ Annexation Lot -
Evergreen Subdivision TBD @ Annexation Lot -
Annual Maintenance Special Tax2
Properties per Acre $7,109.98 Acre Annually (Dec/Apr)
Division Endnotes
delinquencies.
1 Tax calculations for new subdivisions/projects will be done at the time the parcel is annexed to the CFD.
authorized services, administrative expenses not covered in the Annual Facilities Special Tax for the fiscal year, and cures 2 The Annual Maintenance Special Tax is levied and collected at the same time as property taxes. It is a perpetual fee that pays for

Effective
September 1,
2023 through
June 30, 2024
#6..
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CITY OF MODESTO
Community and Economic Development Department
Infrastructure Financing Programs
Community Facilities District No. 2002-1 (NorthPointe)
(209) 577-5211
Description Per Due at
Annual Maintenance Special Tax1
ZONE 1
Maximum Maintenance Portion $3,436.88 Acre Annually (Dec/Apr) Maximum Sinking Fund Portion (no escalator) $80.00 Acre TOTAL TAX TO BE LEVIED Acre
ZONE 2
Developed Properties
Maximum Maintenance Portion $3,436.88 Acre Annually (Dec/Apr) Maximum Sinking Fund Portion (no escalator) $80.00 Acre TOTAL TAX TO BE LEVIED $3,516.88 Acre
Division Endnotes
1 Beginning in January 2002, the maintenance portion of the maximum Annual Special Tax shall be adjusted by applying the greater of (I) the percentage increase, if any, in the construction cost index for the San Francisco region for the prior twelve (12) month period as published in the Engineering News Recorder or another comparable source if the Engineering News Record is discontinued or otherwise not available, or (ii) four percent (4.0%). Each annual adjustment of the maintenance portion of the maximum Annual Special tax shall become effective on July 1. The sinking fund portion of the maximum Annual Special Tax shall

Effective
September
1, 2023
through
June 30, 2024
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CITY OF MODESTO
Community and Economic Development Department
Infrastructure Financing Programs
Community Facilities District No. 2003-1 (Fairview Village) (209) 577-5211
Description Per Due at
Annual Maintenance Special Tax3
Developed Properties 278,112.96 382 $728.04 Lot Annually (Dec/Apr) Undeveloped Properties 278,112.96 382 $728.04 Lot Annually (Dec/Apr) Annual Facilities Special Tax2
Developed Properties 475,673.64 382 $1,245.00 Lot Annually (Dec/Apr) Undeveloped Properties 475,673.64 382 $1,245.00 Lot Annually (Dec/Apr) Division Endnotes
3 Beginning in January 2005 and each January thereafter, the Maximum Annual Maintenance Special Tax shall be adjusted annually by the greater of (i) the percentage increase, if any, in the construction cost index for the San Francisco region for the prior twelve (12) month period as published in the Engineering News Record or comparable source if the Engineering News Record is discontinued or otherwise not available, or (ii) four percent (4%). Each annual adjustment of the Maximum other Annual Maintenance Special Tax shall become effective on the subsequent July 1.
1 The Maximum One-Time Facilities Special Tax shall be collected prior to a building permit being issued for new construction of any residentialor non-residential structure on Taxable Property within CFD No. 2003-1, and shall be immediately delinquent if not so paid. 2 Beginning in Fiscal Year 2005-06 and each Fiscal Year thereafter, the Maximum Annual Facilities Special Tax shall escalate by 2.0% of the amount in effect in the prior Fiscal Year.

NOTE: Upon issuance of all CFD 2003-1 (Fairview Village) building permits for new construction of any residential or non-residential structure, manually enter $0.00 for the CFD tax. *Rates are slightly different from our calculations due to rounding of annual inflation factors.

Effective July 1, 2023
through
June 30, 2024

#6..
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Description Per Due at
One-Time Facilities Special Tax (Annexed Properties)1
3032 Merle Avenue
APN 085-034-083
(existing home, remainder 53-PM-57)
3837 Merle Avenue
APN 085-007-018
(3.06 AC Residential)
Burkshire Estates I Subdivision
APN 085-001-061
(48 Residential Lots - formerly Lagos Subdivision)
Parcels 1 and 2 (within Burkshire Estates I Boundary)
APN 085-051-003
(Formerly 3007 Esta Avenue House is Here)
The Trails at Falling Leaf
APN 085-002-079 (portion)
(59 residential lots)
Bhatti Estates Subdivision
APN 085-050-001
(12 Residential Lots)
Sylvan Vet Clinic (Parcel 2)
APN 084-002-053 (3500 Roselle Avenue)
(1.86 AC Commercial)
Village One Town Center - Single Family Homes
Village One Town Center - Single Family Homes
(35 Residential Lots - Housing Authority Project)
Tarantella Estates Subdivision
APN 085-061-002 (Master APN 085-001-010)
(6 Residential Lots)
One-Time Facilities Special Tax (Non-Annexed Properties)2 Tax Zone #1 (Formation – Annexation No. 5)
Low Density Residential $34,200.20 Net Taxable Acre
Permit
Issuance
Village Residential $77,620.76 Net Taxable Acre
Permit
Issuance
Multi-Family Residential $260,018.38 Net Taxable Acre
Permit
Issuance
Commercial $133,555.58 Net Taxable Acre
Permit
Issuance
Industrial $33,587.56 Net Taxable Acre
Permit
Issuance
$120,569.78
$9,969.50
$10,693.26
$22,510.02
$185,013.14
$16,986.42
$6,564.92
$4,980.50
$11,718.88
Parcel Permit
Issuance
Parcel Permit
Issuance
Parcel Permit
Issuance
Parcel Permit
Issuance
Parcel Permit
Issuance
Parcel Permit
Issuance
Parcel Permit
Issuance
Parcel Permit
Issuance
Parcel Permit
Issuance

CITY OF MODESTO
Community and Economic Development Department
Infrastructure Financing Programs
Community Facilities District No. 2004-1 (Village One #2) (209) 577-5211 Effective
September 1, 2023
through
June 30, 2024
#6..
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CITY OF MODESTO
Community and Economic Development Department
Infrastructure Financing Programs
Community Facilities District No. 2004-1 (Village One #2) (209) 577-5211
Description Per Due at
Tax Zone # 2 (Annexation No. 6 Forward)
Low Density Residential $25,471.74 Net Taxable Acre
Permit
Issuance
Village Residential $57,809.78 Net Taxable Acre
Permit
Issuance
Multi-Family Residential $193,656.08 Net Taxable Acre
Permit
Issuance
Commercial $99,469.42 Net Taxable Acre
Permit
Issuance
Industrial $25,015.04 Net Taxable Acre
Permit
Issuance
Annual Maintenance Special Tax3
Very Low Density Residential $1,345.76 Net Taxable Acre Annually
(Dec/Apr)
Village Residential $3,160.60 Net Taxable Acre
Annually
(Dec/Apr)
Multi-Family Residential $10,304.66 Net Taxable Acre
Annually
(Dec/Apr)
Commercial $2,358.28 Net Taxable Acre
Annually
(Dec/Apr)
Industrial $2,358.28 Net Taxable Acre
Annually
(Dec/Apr)
Annual Facilities Special Tax4
Low Density Residential $5,123.61 Net Taxable Acre
Annually
(Dec/Apr)
Village Residential $9,330.88 Net Taxable Acre
Annually
(Dec/Apr)
Multi-Family Residential $10,521.09 Net Taxable Acre
Annually
(Dec/Apr)
Commercial $5,200.82 Net Taxable Acre
Annually
(Dec/Apr)
Industrial $3,714.87 Net Taxable Acre
Annually
(Dec/Apr)
Division Endnotes
3 The Annual Maintenance Special Tax is levied and collected at the same time as property taxes. It is a perpetual fee that pays for authorized services, administrative expenses not covered in the Annual Facilities Special Tax for the fiscal year, and cures delinquencies. 1 The Maximum One-Time Facilities Special Tax shall be collected prior to a building permit being issued for new construction of any residential or nonresidential structure on Taxable Property within CFD No. 2004-1, and shall be immediately delinquent if not so paid. 2 The One-Time Facilities Special Tax shall be collected prior to building permit issuance for new construction of any residential or non-residential structure on taxable property within the CFD.
4 The Annual Facilities Special Tax is levied and collected at the same time as property taxes until all bonds have been repaid and all facilities have been funded.

Effective
September
1, 2023
through
June 30, 2024
#6..
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CITY OF MODESTO
Community and Economic Development Department
Infrastructure Financing Programs
Community Facilities District No. 2005-1 (Hetch Hetchy) (209) 577-5211
Description Per Due at
Maximum One-Time Facilities Special Tax (Annexed Properties)1 Shelter Cove Community Church (APN 082-005-003)* $4,217,849.26 Net Taxable Acre - Maximum Annual Maintenance Special Tax1
Shelter Cove Community Church (APN 082-005-003)* $243,913.64 Net Taxable Acre - Maximum Annual Facilities Special Tax1
Shelter Cove Community Church (APN 082-005-003)* $255,721.78 Net Taxable Acre - Division Endnotes
1 Tax calculations for new subdivisions/projects will be done at the time the parcel is annexed to the CFD. * Per the development agreement between the City of Modesto and the Shelter Cove Community Church recorded on April 5, 2005 :
"City agrees that it shall not levy any tax against Shelter Cove for construction or maintenance of the CFD Facilities until such time as any subsequent development in the CFD triggers the levy of the CFD tax."

Effective
September 1,
2023 through
June 30, 2024
#6..
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CITY OF MODESTO
Community and Economic Development Department
Infrastructure Financing Programs
Community Facilities District No. 2007-1 (North Beyer Park #2) (209) 577-5211
Description Per Due at
One-Time Facilities Special Tax (Non-Annexed Properties)1 APN 082-016-042 TBD TBD Parcel Permit Issuance
Annual Maintenance Special Tax (Annexed Properties)2
APN 082-005-031 (Rose Villas) $71,050.36 $77,018.60 Parcel Annually (Dec/Apr) APN 082-025-002 (Parcel 2 of Parcel Map 55-PM-12) $36,946.18 $40,049.66 Parcel Annually (Dec/Apr) Annual Maintenance Special Tax (Non-Annexed Properties)2 APN 082-014-041 $6,586.32 $7,139.58 Parcel Annually (Dec/Apr) APN 082-016-042 TBD TBD Parcel Annually (Dec/Apr)
Division Endnotes
2 The Annual Maintenance Special Tax is levied and collected at the same time as property taxes. It is a perpetual fee that pays for authorized services, administrative expenses not covered in the Annual Facilities Special Tax for the fiscal year, and cures delinquencies.

1 The One-Time Facilities Special Tax shall be collected prior to a building permit being issued for new construction of any residential or non-residential structure within CFD No. 2007-1 and shall be immediately delinquent if not so paid.

Effective
September 1,
2022 through
June 30, 2023
Effective
September 1,
2023 through
June 30, 2024
#6..
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CITY OF MODESTO
Community and Economic Development Department
Infrastructure Financing Programs
Community Facilities District No. 2007-2 (Kiernan Business Park West) Description Per Due at
Maximum One-Time Facilities Special Tax (Annexed Properties)1 APN 078-013-035 Lot -
APN 078-069-010 $100,138.08 Lot Permit Issuance
APN 078-069-022 $254,713.36 Lot Permit Issuance
APN 078-069-021 $9,475.40 Lot Permit Issuance
APN 078-013-040
APN 078-069-001 $47,087.08 Lot Permit Issuance
APN 078-069-002 $24,028.98 Lot Permit Issuance
APN 078-069-003 $20,630.94 Lot Permit Issuance
APN 078-069-004 $46,116.22 Lot Permit Issuance
APN 078-069-005 $14,805.74 Lot Permit Issuance
APN 078-069-0203 $41,990.02 Lot Permit Issuance
APN 078-069-0174 PAID Lot Permit Issuance
APN 078-069-008 PAID Lot Permit Issuance
APN 078-069-0195 $31,067.76 Lot Permit Issuance
Annual Maintenance Special Tax2
APN 078-013-035 $203,717.74 Lot Annually (Dec/Apr)
APN 078-069-010 $4,510.19 Lot Annually (Dec/Apr)
APN 078-069-011 $13,292.32 Lot Annually (Dec/Apr)
APN 078-069-012 $427.49 Lot Annually (Dec/Apr)
APN 078-013-040 Lot Annually (Dec/Apr)
APN 078-069-001 $10,411.53 Lot Annually (Dec/Apr)
APN 078-069-002 $5,313.10 Lot Annually (Dec/Apr)
APN 078-069-003 $4,508.09 Lot Annually (Dec/Apr)
APN 078-069-004 $9,069.84 Lot Annually (Dec/Apr)
APN 078-069-005 $3,273.72 Lot Annually (Dec/Apr)
APN 078-069-0203 $9,284.51 Lot Annually (Dec/Apr)
APN 078-069-0174 $7,728.15 Lot Annually (Dec/Apr)
APN 078-069-008 $4,991.09 Lot Annually (Dec/Apr)
APN 078-069-0195 $6,869.46 Lot Annually (Dec/Apr)
Division Endnotes
4 Formerly 078-069-007 (2.17 acres) new map and acreage on (56-PM-33) dated 9/4/18. 1 The One-Time Facilities Special Tax shall be collected prior to a final building permit being issued for new construction of any structure on Taxable Property within CFD No. 2007-2 and shall be immediately delinquent if not so paid. 2 Beginning in January 2008 and each January thereafter, the Maximum Annual Maintenance Special Tax assigned to each parcel shall be adjusted by the greater of (i) the percentage increase, if any, in the construction cost index for the San Francisco region for the prior twelve (12) month period as published in the Engineering News Record or other comparable source if the Engineering News Record is discontinued or otherwise not available, or (ii) four percent (4%). Each annual adjustment of the Maximum Annual Maintenance Special Tax shall become effective on the subsequent July 1. 3 Formerly 078-069-006 (.56 acres) new map and acreage on (56-PM-33) dated 9/4/18/formerly 078-069-018 subdivided in 2021 per GCG 2/16/22 LLA "B"
5 Formerly 078-069-009 (1.95 acres) new map and acreage on (56-PM-33) dated 9/4/18/formerly 078-069-016 subdivided in 2021 per GCG 2/16/22 LLA "A".

(209) 577-5211 Effective
September
June 30, 2024
1, 2023
through
#6..
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CITY OF MODESTO
Community and Economic Development Department
Infrastructure Financing Programs
Community Facilities District No. 2012-1 (Kiernan Business Park South) (209) 577-5211
Description
Effective
January 1, 2023
through
December 31, 2023 Per Due at
Maximum One-Time Facilities Special Tax (Annexed Properties)1 APN 078-018-051(2) $2,763,155.60 Lot Permit
APN 078-018-052(2) $2,759,830.52 Lot Permit
APN 078-018-027 $5,161,306.82 Lot Permit
APN 078-018-036 $0.00 Lot Permit
Maximum One-Time Facilities Special Tax (Non-Annexed Properties)1 APN 078-018-031(4) $5,311,747.60 Lot Permit
APN 078-018-035(4) $3,916,442.40 Lot Permit
Description Per Due at
Maximum Annual Maintenance Special Tax3
APN 078-018-051(2) $20,056.38 Developed Lot Annually
APN 078-018-052(2) $20,032.26 Developed Lot Annually
APN 078-018-027 $34,489.26 Developed Lot Annually
APN 078-018-031 $33,789.34 Developed Lot Annually
APN 078-018-035 $24,038.72 Developed Lot Annually
Retail $0.00 Developed Lot Annually
Hotel $0.00 Developed Lot Annually
APN 078-018-036 $6,323.44 Developed Lot Annually
Division Endnotes
1 The One-Time Facilities Special Tax shall be collected prior to a final building permit being issued for new construction of any structure on Taxable Property within CFD No. 2012-1 and shall be immediately delinquent if not so paid. The tax is adjusted annually per SF ENR or 4% (whichever is greater). Beginning in January 2013 and each January thereafter, the Maximum One-Time Facilities Special Tax shall be adjusted annually by the greater of: (i) the percentage increase, if any, in the construction cost index for the San Francisco region for the prior twelve (12) month period as published in the Engineering News Record or other comparable source if the Engineering News Record is discontinued or otherwise not available; or (ii) four percent (4%). Each annual adjustment shall become effective on January 1 of the calendar year for which the annual adjustment was made. 2 At the time of CFD Formation, APN 078-018-021 was anticipated to be subdivided into two separate parcels based on a preliminary parcel map submitted to the City. The new APNs are 078-018-051 (8.31 net taxable acres) and 078-018-052 (8.3 net taxable acres) per GCG 10/19/21 Reallocated based on Book 56 of Parcel Maps, at Page 81 on 9/11/12, which does not include the drainage basin 4 These parcels are not obligated to pay the Maximum One-Time Facilities Special Tax until such time as they annex to the CFD and a Building Permit is issued for construction on the parcels. 3 The Annual Maintenance Special Tax is levied and collected at the same time as property taxes. It is a perpetual fee that pays for authorized services and administrative expenses and cures delinquencies. The tax is adjusted annually per SF ENR or 4% (whichever is greater). The annual adjustment shall become effective on July 1 of the calendar year in which the adjustment was made.

Effective
September 1,
2023
through
June 30, 2023
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CITY OF MODESTO
Community and Economic Development Department
Infrastructure Financing Programs
Community Facilities District No. 2016-1 (Kiernan Business Park East #2) (209) 577-5211
Description
Net Taxable
Acreage Per Due at
Maximum One Time Facilities Special Tax1 % of Total Acres 19.08

79.77% 15.22
Net Taxable
Acre
Permit Issuance

20.23% 3.86
Acre Permit Issuance
Tax Zone 1
Maximum Annual Maintenance Special Tax2 % of Total Acres 19.08

79.77% 15.22 $ 4,375.46
Net Taxable
Acre
Annually (Dec/Apr)

20.23% 3.86
Acre Annually (Dec/Apr)
Division Endnotes
2 The Annual Maintenance Special Tax is levied and collected at the same time as property taxes. It is a perpetual fee that pays for authorized services and administrative expenses and cures delinquencies. The tax is adjusted annually per SF ENR or 4% (whichever is greater). The annual adjustment shall become effective on January 1 of the calendar year in which the adjustment was made. 1 The One-Time Facilities Special Tax shall be collected prior to a final building permit being issued for new construction of any structure on a parcel of Taxable Property within CFD No. 2016-1 and shall be immediately delinquent if not so paid. The tax is adjusted annually per SF ENR or 4% (whichever is greater).

Beginning in January 2016 and each January thereafter, the Maximum One-Time Facilities Special Tax shall be adjusted annually by the greater of: (i) the

Description
Acreage
Effective
September
1, 2023
through
June 30,
2024
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CITY OF MODESTO
Community and Economic Development Department
Infrastructure Financing Programs
Community Facilities District No. 2016-2 (The Vintage)
(209) 577-5211
Description
Number of
Lots/Acres Per Due at
Maximum Special Tax1
Tax Area A
Developed Property 154 $865.68 Lot Annually (Dec/Apr)
Undeveloped Property 0 $6,871.84 Acre Annually (Dec/Apr) Tax Area B
Developed Property 73 $456.54 Lot Annually (Dec/Apr)
Undeveloped Property 0 $5,049.74 Acre Annually (Dec/Apr) Tax Area C
Developed Property To Be Determined $443.14 Acre Annually (Dec/Apr) Undeveloped Property 9.14 To Be Determined Acre Annually (Dec/Apr) All Tax Areas
Taxable Public Property Annually (Dec/Apr)
Division Endnotes
1 The Annual Special Tax is levied and collected at the same time as property taxes. It is a perpetual fee that pays for authorized services and administrative expenses and cures delinquencies. The tax is adjusted annually per SF ENR or 4% (whichever is greater). The annual adjustment shall become effective on July 1 of the calendar year in which the adjustment was made.

Effective
September 1,
2023 through
June 30, 2024
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CITY OF MODESTO
Community and Economic Development Department
Infrastructure Financing Programs
Community Facilities District No. 2021-1 (Woodglen)
(209) 577-5211
Description Per Due at
Developed Property
Maximum One-Time Special Tax1
Single Family Residential Property $1,171.78 Lot Permit Issuance Other Property $12,675.38 Acre Permit Issuance
Maximum Annual Maintenance Special Tax1
Single Family Residential Property $1,062.88 Lot Annually (Dec/Apr) Other Property $11,497.68 Acre Annually (Dec/Apr)
Division Endnotes
1 The Annual Special Tax is levied and collected at the same time as property taxes. It is a perpetual fee that pays for authorized services and administrative expenses and cures delinquencies. The tax is adjusted annually per SF ENR or 4% (whichever is greater). The annual adjustment shall become effective on July 1 of the calendar year in which the adjustment was made.

Effective
September 1,
2023 through
June 30, 2024
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CITY OF MODESTO
Community and Economic Development Department
Land Development Engineering Division Fee Schedule
(209) 571-5569
Description Per Due at
Engineering Development
Reversion to Acreage Check $ $1,145.00 Each Time of Application Final Parcel Map Check3 $ $2,060.00 Each Time of Application Final Subdivision Map Check3
First 10 Lots $ $3,305.00 Each Time of Application
Each Additional Lot $ $27.00 Each Time of Application
Improvement Plan Check**
Cost Estimate - up to $25,000 $ $2,000.00 Deposit Time of Application Cost Estimate - $25,001 - $100,000 $ $4,000.00 Deposit Time of Application Cost Estimate - $100,001 - $250,000 $ $6,750.00 Deposit Time of Application Cost Estimate - $250,001 - $500,000 $ $11,350.00 Deposit Time of Application Cost Estimate - over $500,001 $ $20,550.00 Deposit Time of Application Property Owner’s Association Document Check $ $447.00 Each Time of Application Certificate of Correction/Compliance $ $383.00 Each Time of Application Easment/Summary Abandonment3 $ $2,847.00 Each Time of Application Monument Deposit (refundable) $ $459.00 Monument Permit Issuance Monument Preservation
Legal Description Check1 $ $331.00 Each Permit Issuance Reciprocal Access Agreement Preparation $ $1,003.00 Each Permit Issuance Print Fees – Bonds (18” x 26”) $ Each Permit Issuance
Water Availability Analysis** $ $1,000.00 Deposit Time of Application Water and Wastewater Capacity Analysis** $ $1,021.00 Deposit Time of Application Reimbursement Agreements $ $2,352.00 Each Permit Issuance Will-Serve Letter2 $ $584.00 Each Time of Application
Outside Service Agreement $ $255.00 Each Time of Application GIS Subdivision Mapping Fee $ $362.00 Each Time of Application Microfilm Fee $ $1.00 Page Permit Issuance
As-Built Process Fee $ $216.00 Each Time of Application PUE and PE Dedication3 $ $584.00 Each Time of Application Lot Line Adjustment3 $ $2,060.00 Each Time of Application Encroachment Permit4,8,9
Curb and Curb Cuts – Drive Approach (100 l.f. max.)5 $ $280.00 Lot Permit Issuance Curb and Curb Cuts – Drive Approach (100 l.f.) – Staking6 $ $5.00 l.f. Permit Issuance Curb and Curb Cuts – Drive Approach (100 l.f.) – Paving6,7 $ $9.00 l.f. Permit Issuance

Effective
September
1, 2023
through
June 30, 2024
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CITY OF MODESTO
Community and Economic Development Department
Land Development Engineering Division Fee Schedule
(209) 571-5569
Description Per Due at
Sidewalk (< 100 l.f.) 5 $ $280.00 Lot Permit Issuance
Sewer Service from Lot to Main9,10 $ $102.00 Each Permit Issuance Sewer Main (50 l.f.)9,10,11 $ $102.00 Each Permit Issuance Sewer Main (50 l.f.) – Staking6 $ $1.00 l.f. Permit Issuance Sewer Main (50 l.f.) – Paving6,7 $ $9.00 l.f. Permit Issuance Storm Drain (through curb) $ $216.00 Each Permit Issuance Utilities – Major Construction9,10,12 $ $102.00 Each Permit Issuance Utilities – Major Construction – Paving6,7 $ $9.00 l.f. Permit Issuance Utilities – Service and Repair9,12 $ $331.00 Each Permit Issuance Utilities – Service and Repair – Paving6,7 $ $9.00 l.f. Permit Issuance Utilities - MID, Service and Repair $229.00 Each Permit Issuance Temporary Street/Right-of-Way Closures $ $370.00 Day Permit Issuance Street Lights9 $ $673.00 Each Permit Issuance
Miscellaneous Improvements10,13 $ $102.00 Each Permit Issuance Rough Grading Permit - 0-3 Acres - $804.00 Each Permit Issuance Rough Grading Permit - 3.1-5 Acres - $1,184.00 Each Permit Issuance Rough Grading Permit - 5.1-10 Acres - $1,610.00 Each Permit Issuance Rough Grading Permit - 10+ Acres - $2,414.00 Each Permit Issuance Monitoring/Extraction Well - Application Fee $ $139.00 Each Permit Issuance Monitoring/Extraction Well - Inspection Fee $ $116.00 Each Permit Issuance Application Pre-Inspection $ $120.00 Each Permit Issuance Lane Closure Traffic Control Plan Review $ $76.00 Each Permit Issuance Detour Traffic Control Plan Review $ $153.00 Each Permit Issuance Outdoor Dining Permits
Application Fee (Downtown Area Exempt) $200.00 Application Time of Application Barrier Removal Deposit (fixed barrier only) $250.00 Application Time of Application Annual Renewal Fee $100.00 Permit July 1st
PCI Between 100 and 7016- Trench Depth over 4 feet Permit Issuance PCI Between 100 and 7016 - Trench Depth 4 feet or less Permit Issuance PCI Between 69 and 2617 - Trench Depth over 4 feet Permit Issuance PCI Between 69 and 2617 - Trench Depth 4 feet or less Permit Issuance PCI Between 25 and 0 Permit Issuance
Trench Restoration
Permits are required for all work done in all public right-of-way, including public utility easements.

Effective
September
1, 2023
through
June 30, 2024
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CITY OF MODESTO
Community and Economic Development Department
Land Development Engineering Division Fee Schedule
(209) 571-5569
Division Endnotes
Division Endnotes
* Inflationary Adjustment of 1.30% applies to Development User Fees only. ● AT&T
● MID
● PG&E
17 $1.25 per sf of Trench Influence Area
b. Temporary Paving $233.00 per street
NOTE: The following companies have executed Pavement Maintenance Agreements with the City of Modesto and are NOT subject to the Trench Restoration Fee:
6 Where no fee is shown, the work is to be performed by others as needed. 8 Costs shall be paid for emergency or other work performed by City for public health and safety in addition to the following minimum charges:
a. Cleanup or dust control $370.00 per street
13 Improvements not otherwise listed such as water line extensions, irrigation lines, irrigation line replacements, storm drain lines, etc. 16 $2.50 per sf of Trench Influence Area
c. Temporary Barricades $142.00 each
14 Unpermitted Street Work will be assessed a "double fee" penalty. 15 To be calculated by the Public Works Director and other pertinent staff in each instance, based on the actual cost of doing the work, including overhead. 3 Does not include Land Surveyor review cost. Land Surveyor time will be charged on a Time and Materials basis. 4 Additional fees charged if City employees perform paving or staking services. 5 For lots greater than 100' frontage, each 100' or part therof is considered to be one "lot" (distance to be measured to nearest 100 feet). ** Time and Materials based fee.
1 Land Surveyor portion of charge will be on a Time and Materials basis because this effort varies significantly. 2 Significant additional connection fees apply.
7 Chargeable only when paving is done by City. Developer/Owner shall repave all trenches, unless otherwise approved by the City Engineer. 9 A trench restoration fee of $2.50/sf is charged in addition. 10 Inspection to be charged on a Time and Materials basis. 11 Applicant shall pay an additional $3.75/lf for small laterals designed and drawn by the City. 12 Utility relocation required for City projects is not subject to a charge.

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CITY OF MODESTO
Community and Economic Development Department
Land Development Engineering Division
Water Related Fee Schedule
(209) 571-5569
Description Per Due at
Water Connection
5/8” Service1 $ $2,202.00 Connection Permit Issuance
1” Service $ $3,671.00 Connection Permit Issuance
1 ½” Service $ $7,341.00 Connection Permit Issuance
2” Service $ $11,746.00 Connection Permit Issuance
3” Service $ $25,695.00 Connection Permit Issuance
4” Service $ $46,250.00 Connection Permit Issuance
6” Service $ $95,437.00 Connection Permit Issuance
8” Service $ $176,191.00 Connection Permit Issuance
10” Service $ $278,970.00 Connection Permit Issuance
12” Service $ $367,065.00 Connection Permit Issuance
Water Service Installation2
1” Service $ $1,108.00 Installation Permit Issuance
1 ½” Service $ $1,754.00 Installation Permit Issuance
2” Service $ $1,772.00 Installation Permit Issuance
4” Service $ $2,937.00 Installation Permit Issuance
6” Service $ $3,009.00 Installation Permit Issuance
8” Service $ $3,717.00 Installation Permit Issuance
10” Service or Larger Installation Permit Issuance
Water Main Installation - Residential, Commercial or Industrial3 $ l.f. Permit Issuance Water Meter2
1” Meter/New Service – Pedestrian Lid $ $275.00 Meter Permit Issuance 1” Meter/New Service – Traffic Lid $ $314.00 Meter Permit Issuance 1” Meter/Retrofit Service – Pedestrian Lid $ $520.00 Meter Permit Issuance 1” Meter/Retrofit Service – Traffic Lid $ $600.00 Meter Permit Issuance 1 ½” Meter – Pedestrian Lid $ $484.00 Meter Permit Issuance 1 ½” Meter – Traffic Lid $ $545.00 Meter Permit Issuance 2” Meter – Pedestrian Lid $ $699.00 Meter Permit Issuance 2” Meter – Traffic Lid $ $707.00 Meter Permit Issuance
4” Meter10 $ $1,820.00 Meter Permit Issuance
6” Meter10 $ $3,684.00 Meter Permit Issuance
8” Meter10 $ $4,147.00 Meter Permit Issuance
10” Meter or Larger10 At Cost Meter Permit Issuance
Fire Hydrant Installation
Hydrant Installation $ $2,960.00 Each Permit Issuance
Fire Hydrant Line from Main $ $34.00 l.f. Permit Issuance Pavement Replacement - Residential (if needed)6 $ $500.00 Trench Permit Issuance Pavement Replacement - Commercial (if needed)6 Time & Materials Trench Permit Issuance Deposit to Install Meter on Fire Hydrant for Construction Water9 $ $1,250.00 Each Permit Issuance Fire Service Installation Inspection/Test $ $90.00 Inspection Permit Issuance Install 4” Single Check Valve $ $390.00 Each Permit Issuance Install 6” Single Check Valve $ $479.00 Each Permit Issuance Install 8” Single Check Valve $ $688.00 Each Permit Issuance Voluntary Installation of Fire Sprinklers (Apartments) Permit Issuance Installation Permit Issuance
Note – Services used ONLY for fire protection do not require a meter. All other new services require a meter.

Effective
September
1, 2023
through
June 30, 2024
At Cost
$26.00
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CITY OF MODESTO
Community and Economic Development Department
Land Development Engineering Division
Water Related Fee Schedule
(209) 571-5569
Description Per Due at
Fire Main Test5 $ $90.00 Test Permit Issuance
Other
Water Connection for Main Extension4 $ $665.00 Connection Permit Issuance Pavement - Residential (Local Streets)6 $ $500.00 Trench Permit Issuance Pavement - Commercial (Non Local Streets)6 Trench Permit Issuance Outside City Limits Agreement7 $ $255.00 Agreement Permit Issuance Will Serve Letter Fee $584.00 Agreement Permit Issuance Reimbursement Agreement Preparation8 $ $1,946.00 Permit Permit Issuance Division Endnotes
1 Single-family residences qualify for the 5/8” connection fee only under the following conditions:

property line. This fee is charged at the time the building permit or a separate water permit is issued for the construction of the water line on the property. specific property. Generally, this fee is charged at the time that the building permit is issued for the has already participated in the cost of the water main serving the property. connection from a new subdivision to an existing water main. Generally, this fee is charged at the time charged when a developer requests installation of a hydrant or hydrants. This fee is not charged of a water service. This fee is charged at the time that a building permit or water permit is issued administrative preparation.
administrative preparation. Generally, this fee is charged immediately prior to the acceptance 3 Pays for the construction of the specific water main that extends down a public right of way to serve a · Single story, single-family residences on a lot of 4,000 square feet or less. 2 Pays for the time and materials required to install the water service from the city water · A 5/8” “service” shall not be allowed for single-family dwellings of greater than 2 stories on lots less than 4,000 square feet. the City has significantly strengthened the infrastructure. This fee may be waived if the property owner 4 Pays for the time required to connect a new water main to an existing “live” main for making the the water permit is issued for the connection to an existing water main. 5 Pays for the time and materials required to install a fire hydrant in the public right-of-way. This fee is · Two-story single-family residence on a lot of 4,000 square feet or less, provided the request for such a service is accompanied by a report from a report from a licensed professional engineer that certifies that the 5/8” service is adequate to meet the needs of the proposed dwelling. property. This fee applies to the old city area (Zone 1) and in the former Del Este area (Zone 2) where 9 Includes backflow.
10 Includes strainer.
for hydrants necessary to meet minimum spacing requirements. 8 Pays for the time required to prepare a water reimbursement agreement, including review of costs and of the reimbursement agreement by the City Council. This fee is charged as directed by the Engineer. 6 Pays for the removal and replacement of pavement in the street or alley required for the installation for the construction of the water line on the property. This fee can be waived for dirt alleys or where the water line is located in an unimproved road or shoulder. 7 Pays for the time required to prepare an Outside City Limits Agreement, including review of costs and

Effective
September 1,
2023
through
June 30, 2024
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CITY OF MODESTO
Community and Economic Development Department
Land Development Engineering Division
Sewer Related Fee Schedule
(209) 571-5569
Description Per Due at
Wastewater Capacity Charge1
Office Building (FLOW/BOD/TSS)
General Office7 $1.13 Square Foot Permit Issuance
Medical/Dental Office $2.49 Square Foot Permit Issuance Medical Clinic $4.19 Square Foot Permit Issuance
Dental Clinic $2.04 Square Foot Permit Issuance
Institutional (FLOW/BOD/TSS)
Auditorium $1.36 Seat Permit Issuance
Assembly Hall - Food Prepared Off-Site $2.15 Square Foot Permit Issuance Assembly Hall - Food Prepared On-Site $3.02 Square Foot Permit Issuance Church $17.28 Seat Permit Issuance
Hospital $2,832.57 Bed Permit Issuance
Institutional Residential Care Facility - 7 Beds or More8 $1,133.03 Bed Permit Issuance Country Club - Non-Resident Member $226.61 Capita Permit Issuance County Club - Resident Member $1,133.03 Capita Permit Issuance Picnic Park $113.30 Capita Permit Issuance
Pool $113.30 Capita Permit Issuance
Tennis Courts, Outdoor with Toilets and Showers $1,246.33 Capita Permit Issuance Tennis Courts, Indoor with Toilets and Showers $3,285.78 Capita Permit Issuance Schools (FLOW/BOD/TSS)9
K-8 $53.34 Capita Permit Issuance
High School/College $106.69 Capita Permit Issuance
Warehouse/Distribution (FLOW/BOD/TSS) $0.34 Square Foot Permit Issuance Retail/Commercial (FLOW/BOD/TSS)10
General Retail/Commercial $0.45 Square Foot Permit Issuance Auto Body Shop/Auto Dealers $1.25 Square Foot Permit Issuance Bakeries $6.20 Square Foot Permit Issuance
Beauty Shop/Day Spa (with wash sinks) $3.06 Square Foot Permit Issuance Bars without Dining $3.97 Square Foot Permit Issuance
Bowling Alley (including dining) $3.48 Square Foot Permit Issuance Cafeteria $4.92 Square Foot Permit Issuance
Car Wash $10.99 Square Foot Permit Issuance
Coffee House – No Food Prep $4.53 Square Foot Permit Issuance Dry Cleaner $0.57 Square Foot Permit Issuance
Dry Goods $0.57 Square Foot Permit Issuance
Delicatessen, Sandwich Shop, Take-N-Bake Pizza $4.30 Square Foot Permit Issuance Donut Shop $8.62 Square Foot Permit Issuance
Gyms, Health Clubs $3.17 Square Foot Permit Issuance
Health Clubs – No Showers, Pool or Spa11 $2.38 Square Foot Permit Issuance Hotels, Motels – Excluding bars and restaurants $1,472.93 Room Permit Issuance Laundry - Industrial $1,211.58 Square Foot Permit Issuance Laundries – Coin Operated $1,372.44 Machine Permit Issuance Laundries, Full Service Dry Cleaner $5.81 Square Foot Permit Issuance Market – Grocery $1.59 Square Foot Permit Issuance
Market – Grocery (with bakery, food prepared on-site or garbage grinder)12 See Footnote Mortuaries $1.53 Square Foot Permit Issuance
Plant Nursery $0.91 Square Foot Permit Issuance
Printers $1.59 Square Foot Permit Issuance
Restaurant – Fast Food and Small Non-Franchise Eliminated Square Foot Permit Issuance Restaurant – Fast Food and Small Non-Franchise with Grease Interceptor $4.81 Square Foot Permit Issuance Restaurant – Full Service Franchise Eliminated Square Foot Permit Issuance Apartments or Mobile Home in Mobile Home Park $1,844.00 Unit Permit Issuance Recreational Vehicle Park $1,359.63 RV Space Permit Issuance Theaters $17.11 Seat Permit Issuance
Veterinary Hospital $2.61 Square Foot Permit Issuance
Shopping Center – Up to 25% Dining $3.99 Square Foot Permit Issuance Shopping Center – Up to 50% Dining $7.62 Square Foot Permit Issuance Shopping Center – Up to 75% Dining $11.80 Square Foot Permit Issuance

Effective
September
1, 2023
through
June 30, 2024
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CITY OF MODESTO
Community and Economic Development Department
Land Development Engineering Division
Sewer Related Fee Schedule
(209) 571-5569
Description Per Due at
Residential (FLOW/BOS/TSS)
Single-Family or Mobile Home on Lot $2,643.00 Unit Permit Issuance Multi-Family or Additional Unity or Mobile Home on Lot $2,151.00 Unit Permit Issuance Other
Subtrunk Charge2 $645.00 Gross Acre Permit Issuance
Reimbursement Agreement Preparation5 $1,987.00 Agreement Permit Issuance Outside City Limits Agreement6 $215.00 Agreement Permit Issuance Lateral Charge3 $33.00 l.f. of lot frontage
adjacent to sewer Permit Issuance
11 Example: Martial Arts facilities with no showers.
12 Estimated flow coefficient to be weighted average based on proportional square footage dedicated to each use. 2 Pays toward the construction and maintenance of the subtrunk lines. This fee is charged at the time the sewer service is made available to any subdivision, tract, area or lot in the Sewer District. In the case of new subdivisions or parcel maps, this charge shall be paid at the time of filing the final subdivision or parcel map. The Council may establish conditions under which the subtrunk sewer extension charges set forth in Section 5-6.803 may be spread over a period of time. 3 Pays towards the specific sewer lateral that extends down the street or alley serving the specific property. Generally, this fee is charged at the time the building permit is issued for the house sewer line on the property. This fee may be waived if the property owner has participated in the cost of the extension of the lateral down the street or alley. 1 Pays towards the construction of the Wastewater Treatment Plant and the sewer trunk system throughout the City. Generally, this fee is charged at the time that the building permit is issued for the construction of the house sewer lateral on the property. 8 The Wastewater Capacity charge is not applied to Residential Care Facilities of 6 or fewer beds.

Division Endnotes
10 Commercial Groups Combined BOD + TSS
9 Schools head count is the total of staff and students. · Group 4 – 14,01 mg/l or more
5 Pays for the time required to prepare a Sewer Reimbursement Agreement, including review of costs and administrative preparation. Generally, this fee is charged immediately prior to the acceptance of the reimbursement agreement by the City Council. This fee is charged as directed by the Engineer. 4 Pays for the time required to inspect the parcel in order to determine the size of acreage to be used in calculating the Bond Redemption Charge and Subtrunk Fee. This fee is charged when a parcel larger than 20,000 square feet is developing only a portion of the lot. The remaining acreage would be paid for at the time that the future development takes place on the remainder of the parcel.
6 Pays for the time required to prepare an Outside City Limits Agreement, including review of costs and administrative preparation. Generally, this fee is charged prior to the acceptance of the Agreement by the City Council.
· Group 2 – 401 mg/l to 900 mg/l
· Group 3 – 901 mg/l to 1,400 mg/l
7 Banks and title companies are considered General Office. Barbershops, nail salons and tattoo parlors without wash sinks are considered General Office. · Group 1 – 400 mg/l or less

Effective
September
1, 2023
through
June 30, 2024
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CITY OF MODESTO
Community and Economic Development Department
Fire Prevention Fee Schedule
(209) 571-5553
Description Per Due at
Site Plan Review* $168.00 Plan Time of Application
Plan Check, Complete Building* $148.00 1,000 sf Time of Application Plan Check, Shell Building* $71.00 1,000 sf Time of Application Plan Check, Tenant Improvement* $61.00 1,000 sf Time of Application Plan Check/Inspection, S Occupancies Only1* $2,000.00 Deposit Time of Application Plan Check, Fire Alarm System* $71.00 1,000 sf Time of Application Plan Check, Sprinkler System* $71.00 1,000 sf Time of Application Engineered/Pre-Engineered Protection System* $230.00 Plan Time of Application Alternate Materials/Methods Evaluation* $582.00 Plan Time of Application Incomplete or Changed Plans* $155.00 Plan Time of Application Fire Alarm System Test and Inspection* $186.00 Plan Time of Application Fire Sprinkler System Test and Inspection - New Commercial* $523.00 Riser Time of Application Fire Sprinkler System Test and Inspection - Tenant Improvement* Inquire with Fire Plan Time of Application Fire Sprinkler System Test and Inspection - Residential* Inquire with Fire Residence Time of Application Fire Re-Inspection* Inquire with Fire Inspection Time of Application Fire Inspection After Hours* Inquire with Fire Inspection Time of Application Spray Booth Installation Permit $354.00 Each Time of Application Underground Tank Installation (First tank)* $358.00 Each Time of Application Underground Tank Installation (additional tanks)* $22.00 Each Time of Application Underground Tank Removal (First Tank)* $433.00 Each Time of Application Underground Tank Removal (additional tanks)* $36.00 Each Time of Application Underground Tank Abandonment/Fill in Place (First tank)* $352.00 Each Time of Application Underground Tank Abandonment/Fill in Place (additional tanks)* $36.00 Each Time of Application Convault Tank Installation (First tank)* $359.00 Each Time of Application Convault Tank Installation (additional tanks)* $30.00 Each Time of Application Field Fire (Water) Flow Test* $203.00 Each Time of Application Hood and Duct System Installation* $353.00 Each Time of Application Medical Gas System Installation* $375.00 Each Time of Application On-Site Fire Main Test* $496.00 Each Time of Application Re-Inspection (after 2x)* Inquire with Fire Inspection Paid up front After hours inspection (first 3 hrs, $74.67/hr after)* Inquire with Fire Inspection Paid up front 1 Plan check activities shall be billed at $220/hour, inspections shall be billed at $105/hour * Development User Fees are subject to annual inflationary adjustments which may cause variations from above in future years from what is listed above.

Division Endnotes

Effective
September
1, 2023
through
June 30, 2024
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Description Per Due at
Landscape Plan Review
Initial Plan Check (Up to 5,000 Square Feet) $311.00 Plan Time of Application Re-Check (Up to 5,000 Square Feet) $227.00 Each Time of Application Initial Plan Check (5,001 – 10,000 Square Feet) $481.00 Plan Time of Application Re-Check (5,001 – 10,000 Square Feet) $227.00 Each Time of Application Initial Plan Check (10,001 – 15,000 Square Feet) $569.00 Plan Time of Application Re-Check (10,001 – 15,000 Square Feet) $311.00 Each Time of Application Initial Plan Check (15,001 – 25,000 Square Feet) $737.00 Plan Time of Application Re-Check (15,001 – 25,000 Square Feet) $398.00 Each Time of Application Initial Plan Check (25,001 – 50,000 Square Feet) $909.00 Plan Time of Application Re-Check (25,001 – 50,000 Square Feet) $481.00 Each Time of Application Initial Plan Check (50,001 Square Feet and over) $1,334.00 Plan Time of Application Re-Check (50,001 Square Feet and over) $569.00 Each Time of Application Landscape and Irrigation Inspections
Initial Inspection (Up to 5,000 Square Feet) $227.00 Inspection Time of Application Re-Inspection (Up to 5,000 Square Feet) $227.00 Inspection Time of Application Initial Inspection (5,001 – 10,000 Square Feet) $271.00 Inspection Time of Application Re-Inspection (5,001 – 10,000Square Feet) $227.00 Inspection Time of Application Initial Inspection (10,001 – 15,000 Square Feet) $398.00 Inspection Time of Application Re-Inspection (10,001 – 15,000 Square Feet) $271.00 Inspection Time of Application Initial Inspection (15,001 – 25,000 Square Feet) $569.00 Inspection Time of Application Re-Inspection (15,001 – 25,000 Square Feet) $311.00 Inspection Time of Application Initial Inspection (25,001 – 50,000 Square Feet) $737.00 Inspection Time of Application Re-Inspection (25,001 – 50,000 Square Feet) $311.00 Inspection Time of Application Initial Inspection (50,001 Square Feet and over) $909.00 Inspection Time of Application Re-Inspection (50,001 Square Feet and over) $398.00 Inspection Time of Application

CITY OF MODESTO
Community and Economic Development Department
Landscape and Irrigation Fee Schedule
(209) 571-5526
Effective
September 1, 2023
through
June 30, 2024
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CITY OF MODESTO
Other Development Related Fees
Description Amount
Stanislaus County Public Facilities Fees (PFF)
Modesto City School Fees
Contact Cyndi Campbell with Modesto City Schools at (209) 550-3300 ext. 5520 (Multi-Family and Commercial Developments only).

Contact Stanislaus County Building Department at (209) 525-6557.

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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

August 8, 2023
Date: July 18, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Toby Wells, Interim Director of Engineering Services Department/City Engineer SUBJECT: Purchase and Sale Agreement for the Paradise Road ATP Cycle III Project CONTACT: Michael Sacuskie, Assistant City Engineer, [email protected], 209- 571-5552
DESCRIPTION:

Consider approving a Purchase and Sale Agreement with Northern Suncrest Apartments, LLC for $21,600; a Grant Deed and Certificate of Acceptance for the Paradise Road ATP Cycle III Project. (Funding Source: Measure L)
STRATEGIC PLAN ELEMENT:

The recommended action supports the City’s 2020-2025 Strategic Plan Initiatives, Goal D:

Provide safe, efficient and reliable infrastructure through proactive community investment, maintenance and sustainability efforts.

BACKGROUND:

The Active Transportation Program (ATP) was created by Senate Bill 99 (Chapter 359, Statutes of 2013) and Assembly Bill 101 (Chapter 354, Statutes of 2013) to encourage increased use of active modes of transportation, such as biking and walking. In 2016, City staff was asked to develop an ATP project and apply for the State of California Grant (Cycle III) funds.

Staff utilized the City’s 2006 Non-Motorized Master Plan and the Stanislaus Council of Government’s (StanCOG) 2013 Non-Motorized Plan to select the best location to implement improvements for active modes of transportation. The Paradise Road area near Modesto High School was selected as the best location to apply for the grant. The project area selected includes Paradise Road from Sheridan Street to 1st Street, South Jefferson Street from Paradise Road to Vine Street, 1st Street from Vine Street to Sierra Drive and G Street from Sierra Drive to 2 nd Street. This area was highly rated due to collision data, benefit to the community, and interest shown by Modesto High School officials, parents, students, and other local community stakeholders.
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City Council August 8, 2023
Purchase and Sale Agreement for the Paradise Road ATP Cycle III Project

Public engagement sessions for this project included a presentation to the StanCOG Bicycle Advisory Committee on May 4, 2016, an Open House at Modesto High School on May 16, 2016, project information was also shared with the public and bicycle community on May 19, 2016, during the Bike to Work Day at City Hall, and a final presentation session was held May 22, 2016 during the Bike Modesto Event in downtown. During the public engagement sessions, several specific improvements were requested by the community and were deemed as positive ideas by City staff and thus incorporated into the final design.

In October 2016, the City of Modesto was notified that this project was one of 53 projects selected out of 450 applicants for the State Active Transportation Cycle III grant. The project design was initiated, and extensive coordination would started with Modesto City Schools. The Covid-19 pandemic delayed completion of the final design.

DISCUSSION:

Design of the Paradise Road ATP Cycle III project includes a roundabout at the intersection of Paradise Road and Chicago Avenue. This roundabout will provide a traffic calming element for Paradise Road and improve safety for access from all approaches to this intersection as it will eliminate an existing non-standard 5-leg intersection.

Optimal proposed roundabout design required the acquisition of 935 square feet of right of way from the Northern Suncrest Apartment complex located at the intersection of Paradise Road and Chicago Avenue. This area of acquisition represents a small portion of the existing parking lot for the apartment complex. It is not anticipated that the proposed small acquisition would cause any hardships for the function of the apartment complex.

The City of Modesto has an existing On-call Real Property Consulting Services Agreement with Associated Right of Way Services, Inc. (ARWS), and on November 7, 2022, provided ARWS with a Notice to Proceed for the right of way services related to this project.

Due to the small size of the proposed acquisition and no negative impacts on the existing function of the property, ARWS suggested a Waiver Valuation in place of a full Appraisal to expedite the timeline for completion and for efficient use of funds. A sales comparison approach was used for the Waiver Valuation based on consideration of comparable land sales, and fair market value for a 935 square foot portion of real property for Northern Suncrest Apartments, LLC, (APN 037-050-018).

ARWS presented an initial offer of fair market value to Northern Suncrest Apartments, LLC, (Joe Wu and Gloria Wu). ARWS negotiated with the property owners on behalf of the City to reach an acceptable price for both parties. The preliminary estimated closing costs of $1,959 for the acquisition will be in addition to the property owner’s compensation.

FISCAL IMPACT:

Capital Improvement Project (CIP) Account: ATPL 5059(233) – Paradise Road ATP Cycle III – funds for this property acquisition are available in CIP account number: 101042 ANTICIPATED LAND EXPENDITURES:

Northern Suncrest Apartments, LLC $21,600
Preliminary Estimated Closing Costs $ 1,959
TOTAL ANTICIPATED LAND EXPENDITURES $23,559
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City Council August 8, 2023
Purchase and Sale Agreement for the Paradise Road ATP Cycle III Project

COMMITTEE RECOMMENDATION:

The City Council considered the necessity of the acquisition and provided authority for the purchase during Closed Session on April 4, 2023, therefore committee approval was not required.

CEQA/NEPA REQUIREMENTS:

Environmental review has been provided through a Categorical Exemption under CEQA Section 15301, EA/CEDD 2023-07, filed March 24, 2023.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving a Purchase and Sale Agreement with Northern Suncrest Apartments, LLC for partial acquisition of a 935 square foot portion of real property, located at the intersection of Paradise Road and Chicago Avenue (APN 037-050-018), in the amount of $21,600, plus closing costs, for the Paradise Road ATP Cycle III Project, and authorizing the City Manager, or his designee, to execute the Purchase and Sale Agreement and all related documents required to complete the sale and close escrow.

Resolution approving a Grant Deed with Northern Suncrest Apartments, LLC for partial acquisition of a 935 square foot portion of real property, located at the intersection of Paradise Road and Chicago Avenue (APN 037-050-018), for the Paradise Road ATP Cycle III Project, and authorizing the City Manager, or his designee, to accept the Grant Deed.

Resolution approving a Certificate of Acceptance for the Grant Deed, for partial acquisition of a 935 square foot portion of real property owned by Northern Suncrest Apartments, LLC, located at the intersection of Paradise Road and Chicago Avenue (APN 037-050-018), for the Paradise Road ATP Cycle III Project and authorizing the City Manager, or his designee, to sign the Certificate of Acceptance.

Approved by:

Toby Wells, Interim Director of Engineering
Services Department/City Engineer

Joseph P. Lopez, City Manager
Attachments:

1. Resolutions (3)

2. Grant Deed (2)

3. Purchase and Sale Agreement with Northern Suncrest Apartments, LLC (2)

4. Certificate of Acceptance (2)
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08/08/2023/Engineering/MSacuskie/Item 7 1 2023-359

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-359

RESOLUTION APPROVING A PURCHASE AND SALE AGREEMENT WITH

NORTHERN SUNCREST APARTMENTS, LLC FOR PARTIAL ACQUISITION OF A 935 SQUARE FOOT PORTION OF REAL PROPERTY, LOCATED AT

THE INTERSECTION OF PARADISE ROAD AND CHICAGO AVENUE (APN 037-050-018), IN THE AMOUNT OF $21,600, PLUS CLOSING COSTS, FOR THE

PARADISE ROAD ATP CYCLE III PROJECT, AND AUTHORIZING THE

CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE PURCHASE AND

SALE AGREEMENT AND ALL RELATED DOCUMENTS REQUIRED TO

COMPLETE THE SALE AND CLOSE ESCROW
WHEREAS, the Active Transportation Program (ATP) was created by Senate Bill 99 (Chapter 359, Statutes of 2013) and Assembly Bill 101 (Chapter 354, Statutes of 2013) to encourage increased use of active modes of transportation, such as biking and walking; and
WHEREAS, in 2016, City staff was asked to develop an ATP project and apply for the State of California Grant (Cycle III) funds; and WHEREAS, staff utilized the City’s 2006 Non-Motorized Master Plan and the Stanislaus Council of Government’s (StanCOG) 2013 Non-Motorized Plan to select the best location to implement improvements for active modes of transportation; and WHEREAS, the Paradise Road area near Modesto High School was selected as the best location to apply for the grant; and
WHEREAS, the project area selected includes Paradise Road from Sheridan Street to 1st Street, South Jefferson Street from Paradise Road to Vine Street, 1st Street from Vine Street to Sierra Drive and G Street from Sierra Drive to 2nd Street; and WHEREAS, this area was highly rated due to collision data, benefit to the community, and interest shown by Modesto High School officials, parents, students, and other local community stakeholders; and
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WHEREAS, during the public engagement sessions, several specific improvements were requested by the community and were deemed as positive ideas by City staff and thus incorporated into the final design; and WHEREAS, in October 2016, the City of Modesto was notified that this project was one of 53 projects selected out of 450 applicants for the State Active Transportation Cycle III grant; and
WHEREAS, design of the Paradise Road ATP Cycle III project includes a roundabout at the intersection of Paradise Road and Chicago Avenue, which will provide a traffic calming element for Paradise Road and improve safety for access from all approaches to this intersection as it will eliminate an existing non-standard 5-leg intersection; and
WHEREAS, optimal proposed roundabout design required the acquisition of 935 square feet of right of way from the Northern Suncrest Apartment complex located at the intersection of Paradise Road and Chicago Avenue; and
WHEREAS, this area of acquisition represents a small portion of the existing parking lot for the apartment complex and it is not anticipated that the acquisition would cause any hardships for the function of the apartment complex; and WHEREAS, the City of Modesto has an existing On-call Real Property Consulting Services Agreement with Associated Right of Way Services, Inc. (ARWS), and on November 7, 2022, provided ARWS with a Notice to Proceed for the right of way services related to this project; and
WHEREAS, due to the small size of the proposed acquisition and no negative impacts on the existing function of the property, ARWS suggested a Waiver Valuation in #7..
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place of a full Appraisal to expedite the timeline for completion and for efficient use of funds; and
WHEREAS, a sales comparison approach was used for the Waiver Valuation based on consideration of comparable land sales, and fair market value for a 935 square foot portion of real property for Northern Suncrest Apartments, LLC, (APN 037-050- 018); and
WHEREAS, The City Council considered the necessity of the acquisition and provided authority for the purchase during Closed Session on April 4, 2023; and WHEREAS, ARWS presented an initial offer of fair market value to Northern Suncrest Apartments, LLC, (Joe Wu and Gloria Wu); and
WHEREAS, ARWS negotiated with the property owners on behalf of the City to reach an acceptable price for both parties; and
WHEREAS, City staff is recommending acquisition of real property; and WHEREAS, an agreement is needed for the acquisition of the real property; and City staff recommends approving the Purchase and Sale Agreement for acquisition of the property.

NOW, THEREFORE BE IT RESOLVED, by the Council of the City of Modesto that it hereby approves a Purchase and Sale Agreement with Northern Suncrest Apartments, LLC for partial acquisition of a 935 square foot portion of real property, located at the intersection of Paradise Road and Chicago Avenue (APN 037-050-018), in the amount of $21,600, plus closing costs, for the Paradise Road ATP Cycle III project. #7..
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BE IT FURTHER RESOLVED, that the City Manager, or his designee, is hereby authorized to execute the Purchase and Sale Agreement and all related documents required to complete the sale and close escrow.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 8th day of August, 2023, by Councilmember Wright, who moved its adoption, which motion being duly seconded by Councilmember EscutiaBraaton, was upon roll call carried and the resolution adopted by the following vote:

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

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

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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08/08/2023/Engineering/MSacuskie/Item 7 1 2023-360

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-360

RESOLUTION APPROVING A GRANT DEED WITH NORTHERN SUNCREST APARTMENTS, LLC FOR PARTIAL ACQUISITION OF A 935 SQUARE FOOT

PORTION OF REAL PROPERTY, LOCATED AT THE INTERSECTION OF PARADISE ROAD AND CHICAGO AVENUE (APN 037-050-018), FOR THE

PARADISE ROAD ATP CYCLE III PROJECT, AND AUTHORIZING THE

CITY MANAGER, OR HIS DESIGNEE, TO ACCEPT THE GRANT DEED WHEREAS, the Active Transportation Program (ATP) was created by Senate Bill 99 (Chapter 359, Statutes of 2013) and Assembly Bill 101 (Chapter 354, Statutes of 2013) to encourage increased use of active modes of transportation, such as biking and walking; and
WHEREAS, in 2016, City staff was asked to develop an ATP project and apply for the State of California Grant (Cycle III) funds; and WHEREAS, in October 2016, the City of Modesto was notified that this project was one of 53 projects selected out of 450 applicants for the State Active Transportation Cycle III Grant; and
WHEREAS, during the design phase of this project, it was determined that optimal roundabout design at the intersection of Paradise Road and Chicago Avenue would require the partial acquisition of property from one property owner, Northern Suncrest Apartments, LLC; and
WHEREAS, on April 4, 2023, during Closed Session, staff received authorization to present the Waiver Valuation to Northern Suncrest Apartments, LLC (Joe Wu and Gloria Wu), and authorized staff to negotiate purchase of the property required for the project; and
WHEREAS, City staff is recommending acquisition of real property; and #7..
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WHEREAS, a Grant Deed is required for the acquisition of the real property and City staff recommends approving the Grant Deed for acquisition of the property.

NOW, THEREFORE BE IT RESOLVED, by the Council of the City of Modesto that it hereby approves a Grant Deed with Northern Suncrest Apartments, LLC for partial acquisition of a 935 square foot portion of real property, located at the intersection of Paradise Road and Chicago Avenue (APN 037-050-018), for the Paradise Road ATP Cycle III project.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to accept the Grant Deed, and all related documents required to close escrow.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 8th day of August, 2023, by Councilmember Wright, who moved its adoption, which motion being duly seconded by Councilmember EscutiaBraaton, was upon roll call carried and the resolution adopted by the following vote:

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

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

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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MODESTO CITY COUNCIL
RESOLUTION NO. 2023-361

RESOLUTION APPROVING A CERTIFICATE OF ACCEPTANCE FOR THE GRANT DEED, FOR PARTIAL ACQUISITION OF A 935 SQUARE FOOT

PORTION OF REAL PROPERTY OWNED BY NORTHERN SUNCREST

APARTMENTS, LLC, LOCATED AT THE INTERSECTION OF PARADISE ROAD AND CHICAGO AVENUE (APN 037-050-018), FOR THE PARADISE

ROAD ATP CYCLE III PROJECT AND AUTHORIZING THE CITY

MANAGER, OR HIS DESIGNEE, TO SIGN THE CERTIFICATE OF

ACCEPTANCE
WHEREAS, Section 27281 of the Government Code requires a public agency to accept real property prior to the recordation of a deed or adopt a resolution accepting real property; and
WHEREAS, the City of Modesto desires to accept a 935 square foot portion of real property owned by Northern Suncrest Apartments, LLC, for the acquisition of property interests located at the intersection of Paradise Road and Chicago Avenue (APN 037-050-018), for the ATPL 5059(233) Paradise Road ATP Cycle III project.

NOW, THEREFORE BE IT RESOLVED, by the Council of the City of Modesto approving a Certificate of Acceptance for the Grant Deed, for partial acquisition of a 935 square foot portion of real property owned by Northern Suncrest Apartments, LLC, located at the intersection of Paradise Road and Chicago Avenue (APN 037-050-018), for the Paradise Road ATP Cycle III project and authorizing the City Manager, or his designee, to sign the Certificate of Acceptance.
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08/08/2023/Engineering/MSacuskie/Item 7 2 2023-361
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 8th day of August, 2023, by Councilmember Wright, who moved its adoption, which motion being duly seconded by Councilmember EscutiaBraaton, was upon roll call carried and the resolution adopted by the following vote:

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

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

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

August 8, 2023
Date: July 19, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Toby Wells, Interim Director of Engineering Services / City Engineer SUBJECT: Accept Automatic Transfer Switch Replacement at Sutter Wastewater Treatment Plant Project as complete
CONTACT: Peter Kambel, Senior Civil Engineer, [email protected], 209-577-5444 DESCRIPTION:

Consider accepting the Automatic Transfer Switch (ATS) Replacement at Sutter Wastewater Treatment Plant Project as complete, releasing securities, and releasing payments totaling $677,224 to Clyde G. Steagall, Inc., of Loomis, CA, and authorizing the City Clerk to file a Notice of Completion. (Funding Source: Wastewater Fund)
STRATEGIC PLAN ELEMENT:

The recommended action supports the City’s 2020-2025 Strategic Plan Initiatives, Goal D:

Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance and sustainability efforts.

BACKGROUND:

The existing Automatic Transfer Switches that were in use at the Regional Water Recycling Facility Sutter Campus – (RWRFS) were dated and obsolete. The manufacturer could no longer provide replacement parts, service support or maintenance for these units. Given the critical role these switches play in the safe operation of the RWRFS Campus, this project replaced the five existing switches with new technology switches.

Utilities Engineering prioritized this project and coordinated with Operations & Maintenance personnel to prepare the construction documents and ensure they were in accordance with current codes.

DISCUSSION:

The project was advertised for bids on September 28, 2021. Bids were publicly opened on October 26, 2021, pursuant to City Charter Section 1307. Clyde G. Steagall, Inc., of Loomis, CA., was the lowest responsible bidder at 22.24% below the engineers estimate. #8..
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City Council, August 8, 2023
Accept Automatic Transfer Switch Replacement at Sutter
Wastewater Treatment Plant Project as Complete

On December 14, 2021, by Resolution 2021-502, Council awarded a contract to Clyde G.

Steagall, Inc., of Loomis, CA., in the amount of $606,491. The Contractor received the Notice to Proceed with a start date of November 01, 2022. All contract work was completed on May 4, 2023.

By accepting this project as complete, the City officially accepts the improvements made and authorizes the Notice of Completion to be filed. The City Clerk is authorized to complete all the necessary steps to file the Notice of Completion with the County Recorder, release securities, and authorize payments totaling $677,224. The work is covered by a one-year warranty for any issued that may arise.

Staff recommends the project for acceptance as the contractor has complied with all contract requirements for the project.

FISCAL IMPACT:

The total project costs were $752,578 which included design, construction, and construction administration costs. The total project amount originally budgeted was $819,420 which included $679,270 for the construction contract and contingency with Clyde G. Steagall, Inc., of Loomis, CA.

The City’s “Change Order Approval Policy” enacted by Council Resolution No. 94-443 on July 19, 1994, and updated by Resolution No. 2019-326 on July 9, 2019, established a contract change order authority of ten percent (10%) for construction contracts of this dollar value. However, given the critical nature of this project, the possibility of additional work would be needed to address unexpected conditions, Resolution 2021-503 authorized an increase in the Director’s Authority for the Construction Contingency to twelve percent (12%) to $72,779.

There were two change orders resulting in an overall increase of $70,733 for change order work as listed on the attached change order log. A summary of the expenditures for the overall project is listed below.
101202– UTL – ATS Replacement at Sutter WWTP
PROJECT EXPENDITURES:

Total
Construction Contract (Clyde G. Steagall, Inc.) $606,491 Construction Contingency 11.67% $70,733
Construction Administration (City Staff) 6.0% $36,380
Engineering Design/Admin. (City Staff) 6.42% $38,974
TOTAL CONSTRUCTION EXPENDITURES: $752,578
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City Council, August 8, 2023
Accept Automatic Transfer Switch Replacement at Sutter
Wastewater Treatment Plant Project as Complete

COMMITTEE RECOMMENDATION
The ATS Replacement at Sutter WWTP Project, was presented to the Economic Development Committee on April 05, 2021, as part of the Upcoming Construction Project Update. The Committee approved the list of projects and recommended staff to present the award of the project to the Council upon successful bidding. Project acceptance does not require additional Committee recommendations.

CEQA/NEPA REQUIREMENTS:

Environmental review has been provided through a Categorical Exemption under CEQA Section Article 19, Section 15301 Class 1, item (b).

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution accepting the Automatic Transfer Switch Replacement at Sutter Wastewater Treatment Plant Project as complete, releasing securities, and releasing payments totaling $677,224 to Clyde G. Steagall, Inc., of Loomis, CA., and authorizing the City Clerk to file a Notice of Completion.

Approved by:
_________________________________________
Toby Wells, Interim Director of Engineering
Services/City Engineer
_________________________________________
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. CCO Log

3. Project Suspension Form

4. Notice of Completion
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08/08/2023/Engineering/PKambel/Item 8 1 2023-362

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-362

RESOLUTION ACCEPTING THE AUTOMATIC TRANSFER SWITCH

REPLACEMENT AT SUTTER WASTEWATER TREATMENT PLANT

PROJECT AS COMPLETE, RELEASING SECURITIES, AND RELEASING PAYMENTS TOTALING $677,224 TO CLYDE G. STEAGALL, INC., OF LOOMIS, CA. AND AUTHORIZING THE CITY CLERK TO FILE A NOTICE

OF COMPLETION
WHEREAS, the existing Automatic Transfer Switches that were in use at the Regional Water Recycling Facility Sutter Campus – (RWRFS) Campus were dated and obsolete; and
WHEREAS, the manufacturer could no longer provide replacement parts, service support or maintenance for these units. Given the critical role these switches play in the safe operation of the RWRFS Campus, this project replaced the five existing switches with new technology switches; and
WHEREAS, Utilities Engineering prioritized this project and coordinated with Operations & Maintenance personnel to prepare the construction documents and ensure they were in accordance with current codes; and
WHEREAS, the project was advertised for bids on September 28, 2021 and bids were publicly opened on October 26, 2021 pursuant to City Charter Section 1307; and
WHEREAS, Clyde G. Steagall, Inc., of Loomis, CA., was the lowest responsible bidder at 22.24% below the engineer’s estimate; and
WHEREAS, on December 14, 2021, by Resolution No. 2021-502 Council awarded a contract to Clyde G. Steagall, Inc., of Loomis, CA., for the construction of the Automatic Transfer Switch (ATS) Replacement at Sutter Wastewater Treatment Plant #8..
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project in the amount of $606,491; and
WHEREAS, the Contractor received the Notice to Proceed with a start date of November 1, 2022. All contract work was completed on May 4, 2023; and WHEREAS, the total project costs were $752,578 which included design, construction, and construction administration costs. The total project amount originally budgeted was $819,420 which included $679,270 for the construction contract and contingency with Clyde G. Steagall, Inc., of Loomis, CA; and WHEREAS, the City’s “Change Order Approval Policy” enacted by Council Resolution No. 94-443 on July 19, 1994, and updated by Resolution No. 2019-326 on July 9, 2019, established a contract change order authority of ten percent (10%) for construction contracts of this dollar value. However, given the critical nature of this project, the possibility of additional work would be needed to address unexpected conditions, Resolution 2021-503 authorized an increase in the Director’s Authority for the Construction Contingency to twelve percent (12%) to $72,779; and WHEREAS, there were two change orders resulting in an overall increase of $70,733; and
WHEREAS, by accepting this project as complete, the City officially accepts the improvements made and authorizes the Notice of Completion to be filed.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto hereby accepts the Automatic Transfer Switch Replacement at Sutter Wastewater Treatment Plant project as complete, releasing securities, releasing payments totaling $677,224 to Clyde G. Steagall, Inc., of Loomis, CA., and authorizing the City Clerk to file a Notice of Completion.
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08/08/2023/Engineering/PKambel/Item 8 3 2023-362
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 8th day of August, 2023, by Councilmember Wright, who moved its adoption, which motion being duly seconded by Councilmember EscutiaBraaton, was upon roll call carried and the resolution adopted by the following vote:

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

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

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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CHANGE
ORDER NO. DESCRIPTION EXECUTED AMOUNT
CAUSE

UNFORSEEN

CONDITIONS
DESIGN
ISSUE
ADDED
SCOPE

CONTRACT CHANGE ORDER LOG
Date: July 05, 2023
TIME
EXT. Approved
2022/10 - ATS Replacement at Sutter WWTP (101202)PROJECT NUMBER AND NAME:
01 Upgrade Switchgear with 122 Degree temperature for the UPS
02/22/23 $14,032.71 0 W.D. No No Yes No
02 PROVIDE TEMPORARY POWER AND REPLACE THE

EATON FOR SUBSTATION A
05/13/23 $56,700.00 0 W.D. No No Yes No
Total Change Orders Processed To Date: $70,732.71
Original Contract Amount: $606,491.00IDA To: $72,779.00 Total Working Days Time Extension: 0
Original Director's CCO Authority: $60,649.00IDA Date: 12/14/2021 Total Executed Change Orders To Date: $70,732.71
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CHANGE
ORDER NO. DESCRIPTION EXECUTED AMOUNT
CAUSE

UNFORSEEN

CONDITIONS
DESIGN
ISSUE
ADDED
SCOPE

CONTRACT CHANGE ORDER LOG
Date: July 05, 2023
TIME
EXT. Approved
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Date:

Fund/Cost Center: 4210
Contact: Cristian Ciotau Ext. 15175
Capital/Non-Capital Project (CIP) #:

Project Creation: Non-Capital or Capital Project (Check One) Non-Capital Capital Project Name:

Project Description:

Council Acceptance/Project Completion Date:

Warranty Period (Yes/No) Yes Project Warranty End Date:

Final Construction Contract Amount (including change orders):

Amount of Construction Cost categorized as Capital:

Project expenses include (Check one): Non-Capital Capital Capital and Non-Capital* * If project expenses include Capital and Non-Capital, provide and attach Itemized List of New Assets and Costs Open Commitments (Yes/No): No If Yes, list below:

Project Manager: Date:

Sr. Civil Engineer (Construction Admin.): Date:

Engineering Division Manager: Date:

Department Director: Date:

CFF/CFD Administrator: Date:

Financial Analyst (Budget): Date:

Director of Finance: Date:

Financial Analyst (Assets): Date:

Completed/Processed by: Date:

For projects under warranty period
101202
UTL-ATS Replacement -Sutter WWTP
Utilities - Engineering
Reason for Suspend:
8/8/2023
Project Suspension Form
6/27/2023
Requesting Department:

Project Organization: UTL.Wastewater Engineering Design $677,223.71
100.00%
This project will replace the five existing Automatic Transfer Switches (ATS) with new up to date switches.

Project accepted, in warranty period
Authorization Signatures to Suspend Project
8/9/2024
Last Revised 12/6/2021
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For both Non-Capital/Capital Projects
Verity Project Fund is correct.

Verify all encumbrances have cleared with zero balances once all costs are final.

GMS: Costing and Funds Check on Usage and Miscellaneous Costs PRC: Update Project Summary Amounts
PRC: Distribute Total Burdened Cost
PRC: Generate Cost Accounting Events
PRC: Create Accounting
For Non-Capital Projects
Enter and End Date in the Project Screen in Oracle.

For Capital Projects
Email the Asset Financial Analyst (Leslie Vaughn)of the closure (Capital Projects ONLY).

For both Non-Capital/Capital Projects
Email Project Closure Form to Requesting Department once completed.

File BT or AT if Budget Adjustment was necessary.

File Project Closure Form in the Closure Binder.

For Capital Projects that include Non-Capital expenses, include itemized list of new assets (schedule of values)
Before changing the Status to "Pending Close", attach a scanned copy of the signed Project Closure Form to the Project Screen.

Next change the Status to "Pending Close" and enter the date the Department Authorized the Project to be closed.

Email the Oracle Administrators (Matthew Chewning and Maria Garnica) to inactivate the Project Number on the General Ledger side of Oracle.

Finance Staff ONLY
Steps for Processing Project Closures
Grant Funded Projects - Verify with Program Manager and Financial Analyst in Accounting- that all final reporting and billing have been completed, and revenue has been received.

In Oracle, be sure to run the five processes individually after adjustments for both NonCapital/Capital Projects:

Before changing the Status to "Closed", attach a scanned copy of the signed Project Closure Form to the Project Screen in Oracle.

Email the Oracle Administrators (Matthew Chewning and Maria Garnica) to inactivate the Project Number on the General Ledger side of Oracle.

Last Revised 12/6/2021
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Pull-down Lists (DO NOT PRINT THIS PAGE)
Yes/No (Pulldown)
Yes
No
Department/Division (Pulldown List)
Community & Economic Development - Transportation Engineering Community & Economic Development -Land Development Engineering Community & Economic Development -Community Development Public Works - Traffic
Public Works - Streets
Public Works - Fleet
Utilities - Engineering
Utilities - Water
Utilities - Wastewater
Parks, Recreation & Neighborhoods
MPD
MFD
Last Revised 12/6/2021
#8..
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Date: 7/5/2023 16:22 PM
ATS Replacement 101202
Capital Unsponsored
Organization : UTL.Wastewater Engineering Design Category : Wastewater Start Date : 01-AUG-2019 Hosting Fund : Sewer Operations Fund-4210 Type : Wastewater Utility End Date :

Element : Comm Svcs & Fac Area : System Wide Status : APPROVED Classification : Replacement Manager : Ciotau, Cristian C Const. Code : New or Future Proj Desc : UTL - ATS Replacement - Sutter WWTP
Expenditure

PJTD BDGT
Previous Yr End
PJTD Actual
Previous Yr End
PJTD Available
Previous Yr End
PJTD Budget PJTD Actual PJTD Commit PJTD Available
CA Construction Admin 72,779.00 36,379.69 36,399.31 72,779.00 36,379.69 0.00 36,399.31 CC Consultant Charges 0.00 0.00 0.00 0.00 0.00 0.00 0.00 CON Construction 606,491.00 606,491.00 0.00 606,491.00 606,491.00 0.00 0.00 CTGY-CIP Contingency - CIP 72,779.00 70,732.79 2,046.21 72,779.00 70,732.79 0.00 2,046.21 EDA Eng/Design/Admin 67,371.00 38,974.36 28,396.64 67,371.00 38,974.36 0.00 28,396.64 Total 819,420.00 752,577.84 66,842.16 819,420.00 752,577.84 0.00 66,842.16 Net Total -66,842.16 -66,842.16
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Requested by
City of Modesto/City Clerk’s Office
Return to City of Modesto/City Clerk’s Office:

PO Box 642
Modesto CA 95353

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that on December 14, 2021, the City of Modesto, PO Box 642, Modesto, California 95353, a Municipal Corporation in the County of Stanislaus, State of California, awarded the contract to Clyde G. Steagall, Inc., 3060 King Road, Loomis, CA., for the project titled “Automatic Transfer Switch Replacement at Sutter Wastewater Treatment Plant Project” located at 1221 Sutter Ave., Modesto CA 95351, and that on May 4, 2023 the said contract as a whole was actually completed by Clyde G. Steagall, Inc., and accepted by the Council of the City of Modesto at a regular meeting of the Council held on August 8, 2023.

CITY OF MODESTO
By
Diane Nayares-Perez, City Clerk
I certify under penalty of perjury that the foregoing is true and correct.

Date: By
Modesto, CA Diane Nayares-Perez, City Clerk
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

August 8, 2023
Date: July 19, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Toby Wells, Interim Director of Engineering Services/City Engineer SUBJECT: Accept High Voltage Improvements at Sutter Wastewater Treatment Plant Project as Complete
CONTACT: Peter Kambel, Senior Civil Engineer, [email protected], 209-577-5444 DESCRIPTION:

Consider accepting the High Voltage Improvements at Sutter Wastewater Treatment Plant Project as complete, releasing securities, and releasing payments totaling $313,873 to Clyde G. Steagall, Inc., of Loomis, CA. and authorizing the City Clerk to file a Notice of Completion. (Funding Source:

Wastewater Fund)
STRATEGIC PLAN ELEMENT:

The recommended action supports the City’s 2020-2025 Strategic Plan Initiatives, Goal D:

Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance and sustainability efforts.

BACKGROUND:

The existing electrical protection at the Sutter Wastewater Treatment Plant (WWTP) is provided by fuses, which cause improper coordination and service interruptions to nearby Modesto Irrigation District (MID) customers located downstream of the facility. In anticipation of potential electrical service outages to neighboring MID customers and damage to the Sutter WWTP equipment, improvements to the existing electrical system were necessary and required per MID.

Utilities Engineering prioritized this project and coordinated with MID Electrical Engineering to prepare the construction documents and ensure they are in accordance with MID requirements. #9..
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City Council, August 8, 2023
Accept High Voltage Improvements at Sutter Wastewater Treatment Plant Project as Complete

DISCUSSION:

The project was advertised for bids on August 24, 2021. Bids were publicly opened on September 28, 2021, pursuant to Modesto Municipal Code section 8-3.403. Clyde G. Steagall, Inc., of Loomis, CA., was the lowest responsible bidder at 40.69% below the engineers estimate.

On December 07, 2021, by Resolution 2021-469, Council awarded a contract to Clyde G.

Steagall, Inc., of Loomis, CA., in the amount of $302,500. The Contractor received the Notice to Proceed with a start date of November 01, 2022. The delayed start date was due to MID’s allowable work window, November 1 through May 31. All contract work was completed on March 16, 2023.

By accepting this project as complete, the City officially accepts the improvements made and authorizes the Notice of Completion to be filed. The City Clerk is authorized to complete all the necessary steps to file Notice of Completion with the County Recorder, release securities, and authorize payments totaling $313,873. The work is covered by a one-year warranty for any issued that may arise.

Staff recommends the project for acceptance as the contractor has complied with all contract requirements for the project.

FISCAL IMPACT:

The total project costs were $405,181 which included design, construction, and construction administration costs. The total project amount originally budgeted was $454,425 which included $347,875 for the construction contract and contingency with Clyde G. Steagall, Inc., of Loomis, CA.

The City’s “Change Order Approval Policy” enacted by Council Resolution No. 94-443 on July 19, 1994, and updated by Resolution No. 2019-326 on July 9, 2019, established a contract change order authority of ten percent (10%) for construction contracts of this dollar value. However, given the critical nature of this project, the possibility of additional work would be needed to address unexpected conditions, Resolution 2021-470 authorized an increase in the Director’s Authority for the Construction Contingency to fifteen (15%) to $45,375.

There were two change orders resulting in an overall increase of $11,373 for change order work as listed on the attached change order log. A summary of the expenditures for the overall project is listed below.
101259– UTL.High Voltage Improvements at Sutter
PROJECT EXPENDITURES:

Total
Construction Contract (Clyde G. Steagall, Inc.) $302,500 Construction Contingency 3.76% $11,373
Construction Administration (City Staff) 13.78% $41,671 Engineering Design/Admin. (City Staff) 16.41% $49,637
TOTAL CONSTRUCTION EXPENDITURES: $405,181
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City Council, August 8, 2023
Accept High Voltage Improvements at Sutter Wastewater Treatment Plant Project as Complete

COMMITTEE RECOMMENDATION
On April 05, 2021, the High Voltage Improvements at Sutter WWTP project was presented to the Economic Development Committee as a report on upcoming Capital Improvement construction projects. The Committee approved the list of projects and recommended that staff present the award of the project to Council upon successful bidding. The acceptance of the project as complete does not require Committee recommendations.

CEQA/NEPA REQUIREMENTS:

Environmental review has been provided through a Categorical Exemption under CEQA Section Article 19, Section 15301 Class 1, item (b).

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution accepting the High Voltage Improvements at Sutter Wastewater Treatment Plant Project as complete, releasing securities, and releasing payments totaling $313,873 to Clyde G.

Steagall, Inc., of Loomis, CA., and authorizing the City Clerk to file a Notice of Completion.

Approved by:
_________________________________________
Toby Wells, Interim Director of Engineering
Services/City Engineer
_________________________________________
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. CCO Log

3. Project Suspension Form

4. Notice of Completion
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08/08/2023/Engineering/PKambel/Item 9 1 2023-363

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-363

RESOLUTION ACCEPTING THE HIGH VOLTAGE IMPROVEMENTS AT

SUTTER WASTEWATER TREATMENT PLANT PROJECT AS COMPLETE,

RELEASING SECURITIES, AND RELEASING PAYMENTS TOTALING
$313,873 TO CLYDE G. STEAGALL, INC., OF LOOMIS, CA. AND

AUTHORIZING THE CITY CLERK TO FILE A NOTICE OF COMPLETION WHEREAS, Modesto Irrigation District (MID) informed the City of Modesto of concerns regarding electrical protection of the existing system at the Sutter Wastewater Treatment Plant (WWTP); and
WHEREAS, in anticipation of potential electrical service outages to neighboring MID customers and damage to the Sutter WWTP equipment, improvements to the existing electrical system were necessary and required per MID; and WHEREAS, Utilities Engineering prioritized this project and coordinated with MID Electrical Engineering to prepare the construction documents and ensure they are in accordance with MID requirements; and
WHEREAS, the project was advertised for bids on August 24, 2021, and bids were publicly opened on September 28, 2021 pursuant to Modesto Municipal Code section 8-3.403; and
WHEREAS, Clyde G. Steagall, Inc., of Loomis, CA., was the lowest responsible bidder at 40.69% below the engineer’s estimate; and
WHEREAS, on December 07, 2021, by Resolution No. 2021-469, Council awarded a contract to Clyde G. Steagall, Inc., of Loomis, CA., for the construction of the High Voltage Improvements at Sutter (WWTP) project in the amount of $302,500; and WHEREAS, the Contractor received the Notice to Proceed with a start date of November 01, 2022. All contract work was completed on March 16, 2023; and #9..
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08/08/2023/Engineering/PKambel/Item 9 2 2023-363
WHEREAS, the total project costs were $405,181 which included design, construction, and construction administration costs. The total project amount originally budgeted was $454,425 which included $347,875 for the construction contract and contingency with Clyde G. Steagall, Inc., of Loomis, CA; and WHEREAS, the City’s “Change Order Approval Policy” enacted by Council Resolution No. 94-443 on July 19, 1994, and updated by Resolution No. 2019-326 on July 9, 2019, established a contract change order authority of ten percent (10%) for construction contracts of this dollar value. However, given the critical nature of this project, the possibility of additional work would be needed to address unexpected conditions, Resolution 2021-470 authorized an increase in the Director’s Authority for the Construction Contingency to fifteen (15%) to $45,375; and WHEREAS, there were two change orders resulting in an overall increase of $11,373; and
WHEREAS, by accepting this project as complete, the City officially accepts the improvements made and authorizes the Notice of Completion to be filed.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto hereby accepts the High Voltage Improvements at Sutter (WWTP) project as complete, releasing securities, releasing payments totaling $313,873 to Clyde G. Steagall, Inc., of Loomis, CA., and authorizing the City Clerk to file a Notice of Completion. #9..
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08/08/2023/Engineering/PKambel/Item 9 3 2023-363
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 8th day of August, 2023, by Councilmember Wright, who moved its adoption, which motion being duly seconded by Councilmember EscutiaBraaton, was upon roll call carried and the resolution adopted by the following vote:

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

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

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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CHANGE
ORDER
NO. DESCRIPTION EXECUTED AMOUNT
CAUSE

UNFORSEEN

CONDITIONS
DESIGN
ISSUE
ADDED
SCOPE

CONTRACT CHANGE ORDER LOG
Date: June 21, 2023
TIME
EXT. Approved
2022/04 - High Voltage Improvements at Sutter WWTP (101259) PROJECT NUMBER AND NAME:
01 Upgrade Switchgear 09/16/22 $7,634.78 0 W.D. No Yes No No 02 POST

ENERGIZATION

REQUIRED BY MID
05/03/23 $3,737.50 0 W.D. No No Yes Yes
Total Change Orders Processed To Date: $11,372.28
Original Contract Amount: $302,500.00
IDA To: $45,375.00
Total Working Days Time Extension: 0
Original Director's CCO Authority: $30,250.00
IDA Date: 12/7/2021
Total Executed Change Orders To Date: $11,372.28
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Marvin Chan 6/20/2023
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Requested by
City of Modesto/City Clerk’s Office
Return to City of Modesto/City Clerk’s Office:

PO Box 642
Modesto CA 95353

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that on December 07, 2021, the City of Modesto, PO Box 642, Modesto, California 95353, a Municipal Corporation in the County of Stanislaus, State of California, awarded the contract to Clyde G. Steagall, Inc., 3060 King Road, Loomis, CA., for the project titled “High Voltage Improvements at Sutter Wastewater Treatment Plant” located at 1221 Sutter Ave., Modesto CA 95351, and that on March 16, 2023 the said contract as a whole was actually completed by Clyde G. Steagall, Inc., and accepted by the Council of the City of Modesto at a regular meeting of the Council held on August 08, 2023.

CITY OF MODESTO
By
Diane Nayares-Perez, City Clerk
I certify under penalty of perjury that the foregoing is true and correct.

Date: By
Modesto, CA Diane Nayares-Perez, City Clerk
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

August 8, 2023
Date: July 14, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: DeAnna Christensen, Director of Finance
SUBJECT: June 2023 Accounts Payable Register and Void Report CONTACT: Maria Garnica, Accounting Manager
[email protected], 209-577-5249
DESCRIPTION:

Consider accepting an Informational Report for the June 2023 Accounts Payable Payment Register and Void Report. (Funding Source: Not Applicable) STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

The Finance Department manages the payment processing for all City disbursements. The City has three main types of payments which includes the following:

1. Vendors – These payments are associated with goods received and contractual services provided to the City and payroll benefits paid by the City on behalf of City employees.

2. Refunds – These payments are associated with refunds issued for deposits collected and have been authorized to be released for utility services, business licenses, building permits, rental agreements, etc. Additionally, any overpayments made by customers on their utility bills would be refunded through this type of payment.

3. Employees – These payments are associated with City-related travel advances and reimbursements related to training events or City business reimbursements.

Additionally, a monthly Void report is also provided to identify any payments that were voided through our financial accounting system and through the City’s bank. This could have triggered a re-issuance of payment or the payment could have been processed in error. #10..
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City Council, August 8, 2023
June 2023 Accounts Payable Register and Void Report