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Agenda

Modesto City Council
November 14, 2023

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Agenda
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November 14, 2023
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Modesto City Council
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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, November 14, 2023 at 5:30 PM
Roll Call - Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
* Public Comment will only be in-person. Members of the public who wish to address the Council, by providing public comment, during the meeting must do so in-person in the Council Chambers.

As an alternative, members of the public may also provide written public comment submitted via email as indicated in the Submitting Comments by Email instructions on this agenda. Zoom will still be available for viewing and Wordly translation.
*Members of the public will be allowed to provide public comment through Zoom if a Councilmember is participating remotely pursuant to the provisions of Assembly Bill 2449. *Effective March 1, 2023, if a technical issue arises with Zoom or the phone dial-in option, the 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.
“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.
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You may observe a livestream of the meeting at http://media.modestogov.com. You may also view or listen to the meeting as indicated below.

THE MEETING CAN BE VIEWED BY ZOOM VIDEO

CONFERENCING OR TELEPHONE
Joining the City Council meeting via Zoom
The City of Modesto is now offering the ability to view 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 listen 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

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.

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

Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the Clerk’s office during normal business hours. Such documents are also available online, subject to staff’s ability to post the documents before the meeting, at the following website https://www.modestogov.com/council-meetings 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, - 3 -
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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.

Pledge of Allegiance to the Flag
Invocation: Cindy Fraze, The Church of Jesus Christ of Latter Day Saints City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session

ACKNOWLEDGEMENTS AND PRESENTATIONS

1. Proclamation declaring November 12-18, 2023, as United Against Hate Week in the City of Modesto. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597, [email protected]

2. Proclamation declaring November 25, 2023 as Small Business Saturday. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597, [email protected]

3. Presentation from the Municipal Information Systems Association of California (MISAC) to the City of Modesto for the 2023 MISAC Excellence Award for Best Practices in Information Technology and the 2023 MISAC Innovation Award for the City’s implementation of Wordly Real-time Translation Services. (Funding Source:

Not Applicable)
IT; Scott Conn, 209-577-5229, [email protected]

MISCELLANEOUS
Legislation, Appointments, Other

4. Consider accepting the resignation of Alexandra von Stade from the Measure H Oversight Board. (Funding Source: Not Applicable)
Staff Recommendation:
 Resolution accepting the resignation of Alexandra von Stade from the Measure H Oversight Board.

BUDGET; Steve Christensen, 209-577-5390, [email protected] - 4 -
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5. Consider appointing Erin Black to the City of Modesto Planning Commission with a partial term expiring December 31, 2024. (Funding Source: Not Applicable) Staff Recommendation:
 Resolution appointing Erin Black to the City of Modesto Planning Commission with a partial term expiring December 31, 2024.

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

PUBLIC COMMENT IN PERSON
Three-minute time limit per speaker.

Only interested persons in the audience may present these matters. Under State law, Councilmembers may respond to matters being presented under this item only as follows:
a. Briefly respond to statements made or questions raised. b. Ask a question for clarification.
c. Provide a reference to staff or other resources for factual information. d. Request staff to report back at a subsequent meeting. e. Finally, a Councilmember or the Council itself may take action to direct staff to place a matter of business on a future agenda.

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.

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

Consent

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

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

7. Consider approving Final Adoption of Ordinance 3771-C.S. amending sections 10-

2.125, 10-2.133, and 10-2.194; adding section 10-2.149.1, to Chapter 2 (Definitions), Article 1 (Definitions) of Title 10; amending section 10-3.205 of Chapter 3 (Land Use Regulations), Article 2 (Specific Land Use Regulations); and adding section 10-3.208.1 - 5 -
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to Chapter 3 (Land Use Regulations), Article 2 (Specific Land Use Regulations) of Title 10. (Funding Source: Not Applicable)
Staff Recommendation:
 Motion approving Final Adoption of Ordinance 3771-C.S. amending sections 10-2.125, 10-2.133, and 10-2.194; adding section 10-2.149.1, to Chapter 2 (Definitions), Article 1 (Definitions) of Title 10; amending section 10-3.205 of Chapter 3 (Land Use Regulations), Article 2 (Specific Land Use Regulations); and adding section 10-3.208.1 to Chapter 3 (Land Use Regulations), Article 2 (Specific Land Use Regulations) of Title 10.

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

8. Consider approving Final Adoption of Ordinance 3772-C.S. amending Chapter 7 “Other Zones” of Title 10 of the Modesto Municipal Code to add Article 6 regarding a Mixed Use Pedestrian Oriented (Mu-P) Zone. (Funding Source: Not Applicable) Staff Recommendation:
 Motion approving Final Adoption of Ordinance 3772-C.S. amending Chapter 7 “Other Zones” of Title 10 of the Modesto Municipal Code to add Article 6 regarding a Mixed Use Pedestrian Oriented (Mu-P) Zone.

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

9. Consider approving Final Adoption of Ordinance 3773-C.S. amending Chapter 7 “Other Zones” of Title 10 of the Modesto Municipal Code to add Article 7 regarding a Mixed Use Highway Oriented (Mu-H) Zone. (Funding Source: Not Applicable) Staff Recommendation:
 Motion approving Final Adoption of Ordinance 3773-C.S. amending Chapter 7 “Other Zones” of Title 10 of the Modesto Municipal Code to add Article 7 regarding a Mixed Use Highway Oriented (Mu-H) Zone.

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

10. Consider approving Final Adoption of Ordinance 3774-C.S. amending multiple Sections of the Zoning Map of the City Of Modesto to rezone properties located along McHenry Avenue, Sisk Road, Oakdale Road, and Yosemite Boulevard from Various Zones to Mixed Use Pedestrian Zone, Mu P, and Mixed Use Highway Zone, Mu H. (Funding Source: Not Applicable)
Staff Recommendation:
 Motion approving Final Adoption of Ordinance 3774-C.S. amending Sections 02 03 08, 04 03 09, 05 03 09, 08 03 09, 09 03 09, 11 03 08, 12 03 08, 13 03 08, 14 03 08, 14 03 09, 16 03 09, 17 03 09, 18 03 09, 19 03 09, 20 03 09, 21 03 09, 22 03 09, 23 03 09, 26 03 09, 28 03 09, and 29 03 09 of the Zoning Map of the City Of Modesto to Rezone properties located along McHenry Avenue, Sisk Road, Oakdale Road, and Yosemite Boulevard from Various Zones to Mixed Use Pedestrian Zone, Mu P, and Mixed Use Highway Zone, Mu H.

CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] - 6 -
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Consent

11. Consider approving Final Adoption of Ordinance 3775-C.S. amending multiple Planned Development Zones to allow Multiple Family Residential Development in addition to their existing uses. (Funding Source: Not Applicable) Staff Recommendation:
 Consider approving Final Adoption of Ordinance 3775-C.S. amending Planned Development Zones, P D(102), P D(109), P D(120), P D(123), P D(125), P D(134), P D(137), P D(147), P D(166), P D(179), P D(200), P D(217), P D(223), P D(287), P D(306), P D(320), P D(394), P D(403), P D(405), P D(421), P D(422), P D(433), P D(436), P D(459), P D(477), P D(481), P D(491), P D(494), P D(499), P D(515), P D(525), P D(531), P D(553), P D(560), P D(566), P D(584), P D(591), and P D(593) to allow Multiple Family Residential Development in addition to their existing uses.

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

12. Consider amending Section 5 Policy- “Emergency Solutions Grant Program Policies” and adopting Section 19 “Uniform Relocation Assistance and Real Property Acquisition Policies (URA)” of the Housing and Urban Development Policies and Procedures Manual. (Funding Source: Various funds)
Staff Recommendation:
 Resolution amending Section 5 Policy- Emergency Solutions Grant Program Policies and adopting Section 19 Policy- Uniform Relocation Assistance and Real Property Acquisition Policies of the Housing and Urban Development Policies and Procedures Manual.

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

13. Consider approving a Second Amendment increasing the Agreement amount with Community Reinvestment Fund, USA (CRF), for continued Loan Servicing of Community Development Funded Loans by $60,000 to a new total amount of $150,000 and extending the term of the Agreement from June 30, 2023 to June 30, 2024. (Funding Source: Various Loan Servicing Program Income) Staff Recommendation:
 Resolution approving a Second Amendment increasing the Agreement amount with Community Reinvestment Fund, USA (CRF), for continued Loan Servicing of Community Development Funded Loans by $60,000 from $90,000 to a new total amount of $150,000 and extending the term of the Agreement from June 30, 2023 to June 30, 2024 and authorize the City Manager or his designee to execute the Amendment.

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

14. Consider accepting the Public Improvements of Woodglen Subdivision Village Two and Woodglen Subdivision Village Five located at an area bounded by Pelandale - 7 -
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Avenue, Carver Road, Bangs Avenue, and Tully Road and releasing securities upon expiration of statutory periods. (Funding Source: Not Applicable) Staff Recommendation:
 Resolution accepting the Public Improvements for Woodglen Subdivision Village Two, located at 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 Five, located at 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] Consent

15. Consider accepting the Monthly Investment Report for July 2023. (Funding Source:

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

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

16. Consider amending the Annual Commercial Cannabis Permit Fee by establishing two types of commercial cannabis permit fees for City approved businesses. (Funding Source: General Fund)
Staff Recommendation:
 Resolution approving an Amendment to the Annual Commercial Cannabis Permit Fee by establishing two types of commercial cannabis permit fees for City approved businesses for an Operational Annual Commercial Cannabis Permit Fee with an annual cost of $18,732 and Non-operational Annual Commercial Cannabis Permit Fee with an annual cost of $4,307.  Resolution approving an update of the Annual Commercial Cannabis Permit Fee billing cycle to align with the Annual Permit issuance and expiration date from a calendar year to fiscal year.
 Resolution approving the creation of a new fund to track overall cost of providing the cannabis program; and amending the Fiscal Year 2023-24 Operating Budget to reduce the General Fund (0100) revenue and expense budgets in the amount of $299,712 and increasing the revenue and expense budgets in the new Cannabis Fund (1820) by the same amount, increasing the transfer out/in budgets by $794,117 to increase the transfer from the General Fund to the Cannabis Fund, and amend the Fiscal Year 2023-24 multi-year noncapital project budget to create a new project for the Cannabis Equity program in the Cannabis Fund and to transfer any current Cannabis Equity funding to the new Cannabis Fund; and authorizing the City Manager to implement the - 8 -
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necessary steps to carry out the approved action.

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

17. Consider an Agreement with SpryPoint Services, Inc., Charlottetown, P.E. for Utility Billing, Receivables and Cashiering Softwares for a total amount not to exceed $2,391,960 over two years. (Funding Source: Various Funds) Staff Recommendation:
 Resolution approving an Agreement with SpryPoint Services, Inc., Charlottetown, P.E., by utilizing the Competitive Bid Process with the City of Aurora, for Utility Billing, Receivables and Cashiering Software for a one year Agreement, with one-year Renewal Option for an estimated annual amount of $423,960 , and a total amount not to exceed $2,391,960 over two years, and authorizing the City Manager, or his designee, to execute the Agreement.

FINANCE DEPARTMENT; Jeni Martin, 209-571-5892, [email protected] Consent

18. Consider approving an Agreement with Citibot, Inc., for Professional Services and Software Subscription for a total amount not to exceed $116,030 over three years. (Funding Source: Information Technology Fund)
Staff Recommendation:
 Resolution approving the Sole Source Agreement with Citibot, Inc. of Charleston, SC for Professional Services and Software Subscription in the amount of $111,150 plus a 10% contingency in year one of $4,880 for a total amount not to exceed $116,030 over three years; and authorizing the City Manager, or his designee, to execute the Agreement.

IT; James Dotson, 209-571-5508, [email protected] Consent

19. Consider an Engineering Services Agreement with Carollo Engineers, Inc. of Walnut Creek, CA, for the River Trunk Rehabilitation Phase 1 Project, in an amount not to exceed $935,000. (Funding Source: Wastewater Fund)
Staff Recommendation:
 Resolution approving an Engineering Services Agreement with Carollo Engineers, Inc., of Walnut Creek, CA, for the River Trunk Rehabilitation Phase 1 Project in the amount of $850,000, plus $85,000 in additional services, if needed, for a total amount not to exceed $935,000 and authorizing the City Manager, or his designee, to execute the Agreement.
 Resolution amending the Fiscal Year 2023-24 Capital Improvement Program Budget in the amount of $5,260,000 to be transferred into the Project from Wastewater Reserves to fund the River Trunk Rehabilitation Phase 1 Project and authorizing the City Manager, or his designee, to implement the provisions of this resolution.

UTILITIES; Cristian Ciotau, 209-577-5260, [email protected] - 9 -
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Consent

20. Consider approving an Engineering Services Agreement with Carollo Engineers, Inc. of Walnut Creek, CA, for the River Trunk Realignment – Pump Station Project, in an amount not to exceed $2,750,742. (Funding Source: Wastewater Fund) Staff Recommendation:
 Resolution approving an Engineering Services Agreement with Carollo Engineers, Inc., of Walnut Creek, CA, for the River Trunk Realignment – Pump Station Project in the amount of $2,500,674, plus $250,068 in additional services, if needed, for a total amount not to exceed $2,750,742 and authorizing the City Manager, or his designee, to execute the Agreement.

UTILITIES; Cristian Ciotau, 209-577-5260, [email protected]

COUNCIL COMMENTS & REPORTS

CITY MANAGER COMMENTS & REPORTS

HEARINGS
Published in the Modesto Bee on November 3, 2023.

21. Hearing to consider an appeal by Cody Alkire, to deny his Variance request to permit existing fences and walls that exceed heights allowed by Title 10 of the Modesto Municipal Code and are within the required 7.5-foot street-side yard and 15-foot front yard setbacks on property located at 219 North Morton Boulevard (APN: 107-007- 050). (Funding Source: Development Appeal Fees)
Staff Recommendation:
 Resolution denying the appeal of Cody Alkire and affirming the Board of Zoning Adjustment decision denying a variance at the property at 219 N.

Morton Boulevard.

CED; Diana Lowrance, 209-577-5302, [email protected] Published in the Modesto Bee on November 3, 2023.

22. Hearing to consider an increase in Golf Green Fees at the City of Modesto Golf Courses by $2/round effective July 1, 2024, with an annual inflator of $1/round each year for the next two years, subject to annual review, rescinding Resolution No. 2018- 377. (Funding Source: Golf Fund)
Staff Recommendation:
 Resolution approving an increase in Golf Green Fees at the City of Modesto Golf Courses by $2/round effective July 1, 2024, with an annual increase of $1/round each year for the next two years, subject to annual review, rescinding Resolution No. 2018-377.

PRN; Laurie Smith, 209-577-5437, [email protected]
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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
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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