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Modesto City Council
November 14, 2023

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Minutes
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November 14, 2023
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Modesto City Council
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11/14/2023 5:30:00 PM

MODESTO CITY COUNCIL
www.modestogov.com

MINUTES
City of Modesto

CITY COUNCIL MEETING
Chambers, Basement Level
Tenth Street Place, 1010 10th Street
Modesto, California
Tuesday, November 14, 2023 at 5:30 PM
Roll Call - Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
Pledge of Allegiance to the Flag
Invocation: Joshua Hamilton, The Church of Jesus Christ of Latter-Day Saints City Clerk’s Announcements: None
Declaration of Conflicts of Interest: Items 8, 9, 10 and 11 – Councilmembers Wright, Williams and Mayor Zwahlen

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] ACTION: Mayor Zwahlen presented proclamation declaring November 12-18, 2023, as United Against Hate Week in the City of Modesto.

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

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]
ACTION: 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.

MISCELLANEOUS

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] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2023-498 accepting the resignation of Alexandra von Stade from the Measure H Oversight Board.

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]
ACTION: (Bavaro/Williams; 7/0) Resolution 2023-499 appointing Erin Black to the City of Modesto Planning Commission with a partial term expiring December 31, 2024.

PUBLIC COMMENT IN PERSON
 Rebecca McDaniel shared a personal experience about her daughter's friend who was homeless. She reached out for help, and with the assistance of Jim Fair and Steve Finch from the SHARE Program, her daughter's friend was placed in a safe shelter. Rebecca expressed gratitude for the smooth and helpful process. - 3 -
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 Zafrir Solomon expressed support for the recently voted Bridge Housing program but raised concerns about its timing, stating that it might be too late for some individuals facing homelessness during the upcoming winter. He urged the Council to address the crisis promptly, emphasizing the need for immediate action.  Derek Castle commended the City for progressing with the Bridge Housing initiative but highlighted the urgency of a Winter Plan. He acknowledged the efforts to provide shelter for women at the Modesto Gospel Mission but stressed the lack of a plan for men and couples. Derek proposed a simple and cost-effective solution for a nighttime warming zone to prevent individuals from sleeping in the cold.
 Diane Kroeze expressed concerns about the City's approach to homelessness, emphasizing the need for a comprehensive and coordinated plan. She questioned the focus on Bridge Housing and motels, suggesting that Safe Camping might be a more effective and quicker solution. Diane urged the council to consider alternative strategies that prioritize helping people off the streets and into a normal life.  Marcelo Vargas discussed the upcoming renovation at Cesar Chavez Park and requested input from the lowrider community to ensure the park's attractiveness and preservation of its historical significance. He emphasized the importance of involving the community in the planning process.
 Dolores Chacon shared her personal connection to Cesar Chavez Park, growing up in the area. She expressed a desire to get more involved in park planning and activities, highlighting the positive impact that parks had on her life, including her journey to becoming the president of a winery.
 Hillary Moak stated she represents the Tuolumne River Trust and discussed the All Children Thrive Initiative's collaboration with the city to improve park equity. The Park Youth Committee, composed of high school students, has been working on analyzing data and prioritizing parks for improvement. They seek council support for their resolution and plan to present the full project to the City Council.  Martin Montez a member of the Park Youth Committee, highlighted issues in James Marshall and Robertson Road Parks, emphasizing the need for equal amenities in all parks. He discussed survey data, public outreach efforts, and the committee's mission to address disparities in park functionality. Martin requested the City Council's assistance in resolving these issues.
 John Frailing emphasized the importance of showing kindness and humanity to those in need. He inquired about the Council's plan for addressing homelessness and suggested the implementation of 24/7 warming zones to provide shelter during cold nights. John urged the city to take urgent action and offered community support.  Justin Farkas, representing Assemblymember Juan Alanis, thanked the Council for recognizing Small Business Saturday. He provided updates on Assemblyman Alanis's involvement in the Select Committee on Retail Theft and the upcoming public hearing on the study related to AB 335. Justin also discussed plans for community events and town halls.
 Jerry Thompson thanked the Council for their support in lifting the ban and wished them a happy Thanksgiving and Christmas. He also echoed Marcello and Dolores's desire to contribute to the planning of Cesar Chavez Park and emphasized the cultural and historical significance of A&W Root Beer to Modesto's tour tourism. - 4 -
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CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS 6-7, 12-20: (Wright/Alvarez; 7/0)

CONSENT
Consent

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

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

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 to Chapter 3 (Land Use Regulations), Article 2 (Specific Land Use Regulations) of Title 10. (Funding Source: Not Applicable)
 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] ACTION: (Wright/Alvarez;7/0) 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.
(Wright, Williams, and Zwahlen Recused Conflict)
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)  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] - 5 -
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ACTION: (Bavaro/Escutia-Braaton; 4/0 - Wright, Williams, and Zwahlen Recused) 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.
(Wright, Williams, and Zwahlen Recused Conflict)
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)  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] ACTION: (Bavaro/Escutia-Braaton; 4/0 - Wright, Williams, and Zwahlen Recused) 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.
(Wright, Williams, and Zwahlen Recused Conflict)
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)
 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] ACTION: (Bavaro/Escutia-Braaton; 4/0 - Wright, Williams, and Zwahlen Recused) 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.
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(Wright, Williams, and Zwahlen Recused Conflict)
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)  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] ACTION: (Bavaro/Escutia-Braaton; 4/0 - Wright, Williams, and Zwahlen Recused) 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.

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)
 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] ACTION: (Wright/Alvarez;7/0) Resolution 2023-500 amending Section 5 PolicyEmergency 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.

Consent
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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)  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] ACTION: (Wright/Alvarez;7/0) Resolution 2023-501 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.

Consent

14. Consider accepting the Public Improvements of Woodglen Subdivision Village Two and Woodglen Subdivision Village Five 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 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] ACTION: (Wright/Alvarez;7/0) Resolution 2023-502 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.

ACTION: (Wright/Alvarez;7/0) Resolution 2023-503 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 - 8 -
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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 accepting the Monthly Investment Report for July 2023. (Funding Source:

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

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

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)
 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 necessary steps to carry out the approved action.

FINANCE DEPARTMENT; Gina Brown, 209-577-5381, [email protected] ACTION: (Wright/Alvarez;7/0) Resolution 2023-504 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.

ACTION: (Wright/Alvarez;7/0) Resolution 2023-505 approving an update of the Annual Commercial Cannabis Permit Fee billing cycle to align with the Annual Permit - 9 -
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issuance and expiration date from a calendar year to fiscal year.

ACTION: (Wright/Alvarez;7/0) Resolution 2023-506 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 non-capital 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 necessary steps to carry out the approved action.

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)  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] ACTION: (Wright/Alvarez;7/0) Resolution 2023-507 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.

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)
 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] ACTION: (Wright/Alvarez;7/0) Resolution 2023-508 approving the Sole Source Agreement with Citibot, Inc. of Charleston, SC for Professional Services and Software - 10 -
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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.

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)
 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] ACTION: (Wright/Alvarez;7/0) Resolution 2023-509 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.

ACTION: (Wright/Alvarez;7/0) Resolution 2023-510 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.

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)  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] ACTION: (Wright/Alvarez;7/0) Resolution 2023-511 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 - 11 -
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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.

COUNCIL COMMENTS & REPORTS
Vice Mayor Ricci highlighted the City's efforts in addressing homelessness, emphasizing the success of programs such as CHAT, Park Rangers, Bridge Housing, Homeless Day Shelter, and Safe Parking. He expressed optimism about the evolution of these programs and the need for adjustments to maximize their impact, particularly focusing on the Safe Parking program. The Vice Mayor asked for adjustments to facilitate easier access, including allowing RVs to park regularly.

Councilmember Bavaro praised the progress on homelessness initiatives, particularly the Bridge Housing program, which he believed would bring dignity to those on the streets. He commended the City staff's swift actions in implementing these programs and anticipated positive outcomes.

He commented that he looked forward to receiving proposals from service providers, expressing confidence that Modesto could set an example at the State level.

Councilmember Williams commented about homelessness and encouraged community participation in the Salvation Army's Kettle Kickoff to support homeless shelters. He stressed the importance of financial contributions from the community, urging individuals to attend the event or make monthly pledges. He also emphasized the need for collective financial support to address homelessness effectively.

Councilmember Alvarez discussed the Rental Housing Safety program, focusing on collaboration between the City Council, tenant advocacy groups, and stakeholders. The program aims to ensure the safety of responsible residents in rental properties and combat issues with substandard housing. He also expressed support for creative ideas to pay homage to the lowriding culture in Fourth Street Park.

Mayor Zwahlen shared various community events attended, including mural unveilings, cultural celebrations, Veterans Day parade, and the Ruby Bridges Walk. The Mayor emphasized the significance of recognizing veterans. The Mayor reflected on personal experiences related to the Ruby Bridges Walk, connecting with historical events and expressing pride in community engagement. She also announced that the memorial service for former Councilmember Jenny Kenoyer will be held this Friday at 11 a.m. at Our Lady of Fatima, Catholic Church on Granger Avenue.

Councilmember Escutia-Braaton reported she attended events recognizing the Modesto Police Department's promotions and welcomed new officers. They expressed pride in the dedication of law enforcement. Councilmember Escutia-Braaton highlighted participation in the Veterans Day parade. She also congratulated Laurie Smith on her 28 years of service as the Parks and Recreation Director, acknowledging her contributions to the City.

CITY MANAGER COMMENTS & REPORTS
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City Manager Lopez congratulated Laurie Smith, Parks and Recreation Director, on her 28 years of service and upcoming retirement, acknowledging her significant role as the Parks and Recreation director. Expressing gratitude for her contributions, the City Manager praised Laurie's positive impact on the organization and wished her well in her future endeavors.

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)
 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] ACTION: (Wright/Ricci; 7/0) Resolution 2023-512 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.

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)
 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]
ACTION: (Williams/Escutia-Braaton; 7/0) Resolution 2023-513 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.

MATTERS TOO LATE FOR THE AGENDA
None.

ADJOURNMENT
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This meeting adjourned at 7:15 pm.

Attest:____________________________
Diane Nayares-Perez, City Clerk

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