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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, December 05, 2023 at 5:30 PM
Roll Call - Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
Pledge of Allegiance to the Flag
Invocation: Bill Kenoyer, Redeemer Church
City Clerk’s Announcements: None
Declaration of Conflicts of Interest: Bavaro - Item 9
Reports from Closed Session: Mayor Zwahlen report on the performance evaluation for the City Clerk. The council unanimously agreed that the City Clerk is doing an excellent job.
MISCELLANEOUS
1. Consider appointing Jim Stokes to the Citizen’s Housing and Community Development Committee for a four-year term beginning on January 1, 2024 through December 31, 2027. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution appointing Jim Stokes to the Citizen’s Housing and Community Development Committee (CH&CDC) for a four-year term beginning on January 1, 2024 through December 31, 2027.
CED; Cynthia Formosa, 209-577-5211, [email protected] - 2 -
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ACTION: (Ricci/Escutia-Braaton; 7/0) Resolution 2023-514 appointing Jim Stokes to the Citizen’s Housing and Community Development Committee (CH&CDC) for a four-year term beginning on January 1, 2024 through December 31, 2027.
2. Consider appointing David Seymour, Babette Wagner, and Cheryl Lopina to the City of Modesto Landmark Preservation Commission with terms expiring December 31, 2027. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution appointing David Seymour, Babette Wagner, and Cheryl Lopina to the City of Modesto Landmark Preservation Commission with terms expiring December 31, 2027.
CED; Jessica Hill, 209-577-5267, [email protected]
ACTION: (Escutia-Braaton/Williams; 7/0) Resolution 2023-515 appointing David Seymour, Babette Wagner, and Cheryl Lopina to the City of Modesto Landmark Preservation Commission with terms expiring December 31, 2027.
PUBLIC COMMENT IN PERSON
Nancy Robinson, President of the Modesto Garden Club, expressed gratitude for the opportunity to speak. She highlighted the Garden Club's centennial celebration and invited the City Council and the public to two holiday events hosted by the club, emphasizing their community endeavors.
Michael Brazeale, from the Downtown Street Team Committee addressed issues faced by the Downtown Street Team, focusing on local fast-food places denying restroom access and the disrespectful attitudes encountered during their cleanup efforts. He urged for understanding and respect for their work.
Steve raised concerns about the conduct of Modesto Police Officers and accused certain Council Members of targeting and harassing him. He expressed fear regarding a specific police officer's potential return to duty and demanded accountability for police actions. Derek Castle advocated for establishing overnight warming centers for unsheltered men during winter months. They acknowledged efforts by the Modesto Gospel Mission but pointed out the need for additional options, suggesting support from the Salvation Army. Taylor McGuire representing the Park Youth Committee, addressed inequities in park funding distribution. She urged the City Council to support a resolution aiming to allocate more funds to parks lacking basic amenities, emphasizing the impact on community health.
Diane Kroeze emphasized the need for 24/7 warming centers for the homeless during winter, stating that daytime-only options are insufficient. She urged the council to prioritize this issue to prevent illnesses and deaths among the homeless population. - 3 -
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John Frailing shared two possible solutions for warming center. He also highlighted issues with trash in alleys behind houses and suggested modifying parking regulations to address the problem. He encouraged the council to explore solutions for safe parking to enhance street safety.
John Lucas expressed concerns about homelessness and criticized the city's spending on housing projects. They urged the council to address the issue promptly to prevent further suffering and deaths among the homeless population.
Sebastian Jones advocated for renaming the 10th Street Plaza after recently deceased Councilwoman Jenny Kenoyer. He emphasized her dedication to the city and urged the council to prioritize this change.
Arthur Fabela expressed opposition to residential development at the Municipal Golf Course and advocated for modern commercial development to improve West Modesto.
He highlighted the potential economic benefits and urged the council to consider the community's needs.
Loretta Carhart raised concerns about children misbehaving on city buses and suggested implementing legal laws to address the issue. She also inquired about property ownership responsibility for damaged sidewalks.
Jerry Thompson congratulated recent appointments to the Modesto Landmark Preservation and thanked the city for a successful Christmas parade. He expressed appreciation for American Graffiti's historical significance and supported Sebastian's call to rename 10th Street Plaza.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS 3-8; 10-19: (Ricci/Wright; 7/0)
CONSENT
Consent
3. Consider approving the minutes from the November 14, 2023 Council Meeting. (Funding Source: Not Applicable)
Motion approving the minutes from the November 14, 2023 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Escutia-Braaton;7/0) Motion approving the minutes from the November 14, 2023 Council Meeting.
Consent
4. Consider approving the Mayor’s appointments to the City of Modesto Standing Committees, and City Council Liaison Committees; and appointment of a Vice Mayor for the 2024 calendar year. (Funding Source: Not Applicable) Motion appointing Council Member Alvarez as Vice Mayor for the 2024 calendar year.
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Motion approving the appointments to the Standing Committees and City Council Liaison Committees for the 2024 calendar year.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Escutia-Braaton;7/0) Motion appointing Council Member Alvarez as Vice Mayor for the 2024 calendar year.
ACTION: (Wright/Escutia-Braaton;7/0) Motion approving the appointments to the Standing Committees and City Council Liaison Committees for the 2024 calendar year.
Consent
5. Consider approving the recommended Budget Adjustments to Fiscal Year 2023-24 Annual Operating and Capital Improvement Program Budgets. (Funding Source:
Various Funds)
Resolution amending Fiscal Year 2023-24 Annual Operating and Capital Improvement Project Fund Budgets and authorizing the City Manager, to take the necessary steps to implement the provisions of this Resolution.
BUDGET; Steve Christensen, 209-577-5390, [email protected] ACTION: (Wright/Escutia-Braaton;7/0) Resolution 2023-516 amending Fiscal Year 2023-24 Annual Operating and Capital Improvement Project Fund Budgets and authorizing the City Manager, to take the necessary steps to implement the provisions of this Resolution.
Consent
6. Consider approving the Fourth Amendment to the Joint Exercise of Powers Agreement between the City of Modesto and the County of Stanislaus for Emergency Dispatch Services to extend the Agreement to June 30, 2024. (Funding Source: Not Applicable) Resolution approving the Fourth Amendment to the Joint Exercise of Powers Agreement between the City of Modesto and the County of Stanislaus for Emergency Services, extending the expiration date to June 30, 2024, and authorizing the City Manager or his designee to execute the Agreement.
CITY MANAGER; Forrest Ebbs, 209-577-9149, [email protected] ACTION: (Wright/Escutia-Braaton;7/0) Resolution 2023-517 approving the Fourth Amendment to the Joint Exercise of Powers Agreement between the City of Modesto and the County of Stanislaus for Emergency Services, extending the expiration date to June 30, 2024, and authorizing the City Manager or his designee to execute the Agreement.
Consent
7. Consider approving an Agreement for Railroad Crossing Quiet Zone Consulting Services with RailPros of Irvine, CA for a total amount not to exceed $304,949. (Funding Source: American Rescue Plan Act Funds)
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Resolution approving an Agreement with RailPros of Irvine, CA, to provide Quiet Zone Consulting Services for a total amount not to exceed $304,949, and authorizing the City Manager, or his designee to execute the Agreement.
CED; Sean Rando, 209-577-5473, [email protected]
ACTION: (Wright/Escutia-Braaton;7/0) Resolution 2023-518 approving an Agreement with RailPros of Irvine, CA, to provide Quiet Zone Consulting Services for a total amount not to exceed $304,949, and authorizing the City Manager, or his designee to execute the Agreement.
Consent
8. Consider approving the annexation of property (Annexation #1), approximately 24.62 acres, into the City of Modesto Community Facilities District (CFD) No. 2021-1 (Woodglen) and authorizing the levy of a special tax upon the annexation area (Funding Source: Developer Deposits)
Resolution approving the annexation of property (Annexation #1) into the City of Modesto Community Facilities District (CFD) No. 2021-1 (Woodglen) and authorizing the levy of a special tax upon the annexation area.
CED; Peter Ibrahim, 209-577-5211, [email protected] ACTION: (Wright/Escutia-Braaton;7/0) Resolution 2023-519 approving the annexation of property (Annexation #1) into the City of Modesto Community Facilities District (CFD) No. 2021-1 (Woodglen) and authorizing the levy of a special tax upon the annexation area.
Removed from Consent; Councilmember Bavaro recused due to conflict of interest Consent
9. Consider accepting the Jennings Water Quality Control (WQC) Plant New Entrance and Exit Project as complete, releasing securities, releasing payments totaling $3,533,015 to T&S Intermodal Maintenance Inc., d.b.a. T&S West. of Linden, CA., and authorizing the City Clerk to file a Notice of Completion. (Funding Source:
Wastewater Fund)
Resolution accepting the Jennings Water Quality Control Plant New Entrance and Exit project as complete, releasing securities, releasing payments totaling $3,533,015 to T&S Intermodal Maintenance Inc., d.b.a. T&S West of Linden, CA., and authorizing the City Clerk to file a Notice of Completion.
ENGINEERING SERVICES; Peter Kambel, 209-577-5444, [email protected] ACTION: (Wright/Ricci; 6/0; Bavaro recused due to conflict of interest) Resolution 2023-520 accepting the Jennings Water Quality Control Plant New Entrance and Exit project as complete, releasing securities, releasing payments totaling $3,533,015 to T&S Intermodal Maintenance Inc., d.b.a. T&S West of Linden, CA., and authorizing the City Clerk to file a Notice of Completion. - 6 -
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Consent
10. Consider accepting an Informational Report for the September 2023 Accounts Payable Payment Register and Void Report. (Funding Source: Not Applicable) Motion accepting an Informational Report for the September 2023 Accounts Payable Payment Register and Void Report.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Wright/Escutia-Braaton;7/0) Motion accepting an Informational Report for the September 2023 Accounts Payable Payment Register and Void Report.
Consent
11. Consider accepting an Informational Report on the May and June 2023 Grant Applications and Awards. (Funding Source: Not Applicable) Motion accepting an Informational Report for the May and June 2023 Grant Applications and Awards.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Wright/Escutia-Braaton;7/0) Motion accepting an Informational Report for the May and June 2023 Grant Applications and Awards.
Consent
12. Consider accepting the Monthly Investment Report for August 2023. (Funding Source:
Various Funds)
Motion accepting the Monthly Investment Report for August 2023.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
ACTION: (Wright/Escutia-Braaton;7/0) Motion accepting the Monthly Investment Report for August 2023.
Consent
13. Consider approving the Plans and Specifications for the Park Turf Reduction, Phase 1 Project, and awarding a Construction Contract to Marina Landscape, Inc., of Orange, CA, in an amount not to exceed $376,690. (Funding Source: American Rescue Plan Act (ARPA), Urban Community Drought Relief Grant Program) Resolution approving the Plans and Specifications for the Park Turf Reduction, Phase 1 Project, and awarding a Construction Contract to Marina Landscape, Inc., of Orange, CA, in the amount of $342,445 plus $34,245 in contingency (if needed), for a total amount not to exceed $376,690 and authorizing the City Manager, or his designee, to execute the Contract.
Resolution amending the Fiscal Year 2023-2024 Capital Improvement Program Budget to fund Project #101555 (PRN – 2022 Urban Drought Relief Program) in an amount not to exceed $3,359,922 in transfers, revenue, and to budget - 7 -
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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: (Wright/Escutia-Braaton;7/0) Resolution 2023-521 approving the Plans and Specifications for the Park Turf Reduction, Phase 1 Project, and awarding a Construction Contract to Marina Landscape, Inc., of Orange, CA, in the amount of $342,445 plus $34,245 in contingency (if needed), for a total amount not to exceed $376,690 and authorizing the City Manager, or his designee, to execute the Contract.
ACTION: (Wright/Escutia-Braaton;7/0) Resolution 2023-522 amending the Fiscal Year 2023-2024 Capital Improvement Program Budget to fund Project #101555 (PRN – 2022 Urban Drought Relief Program) in an amount not to exceed $3,359,922 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
14. Consider approving an Agreement with Verde Design, Inc. to prepare construction documentation for the Mary E. Grogan Synthetic Turf Replacement Project for a total amount not to exceed $88,000.00 (Funding Source: American Rescue Plan Act) Resolution approving an Agreement with Verde Design, Inc. to prepare construction documentation for the Mary E. Grogan Synthetic Turf Replacement Project for a total amount of $80,000 plus $8,000 for additional services, if needed, for an Agreement total amount not to exceed $88,000 and authorizing the City Manager, or his designee to execute the Agreement.
PRN; Nathan Houx, 209-571-5526, [email protected]
ACTION: (Wright/Escutia-Braaton;7/0) Resolution 2023-523 approving an Agreement with Verde Design, Inc. to prepare construction documentation for the Mary E. Grogan Synthetic Turf Replacement Project for a total amount of $80,000 plus $8,000 for additional services, if needed, for an Agreement total amount not to exceed $88,000 and authorizing the City Manager, or his designee to execute the Agreement.
Consent
15. Consider approving an Agreement with Todd Groundwater, Alameda, CA, for the Groundwater Sustainability Plan Update and Annual Reporting for Years 2023-2028 for a total amount not to exceed $1,994,601 on behalf of the Stanislaus and Tuolumne Rivers Groundwater Basin Association – Groundwater Sustainability Agency and the associated Equitable Project Cost Sharing and Reimbursement Agreement. (Funding Source: Water Fund)
Resolution approving an Agreement with Todd Groundwater, of Alameda, CA for the Groundwater Sustainability Plan Update and Annual Reporting, in the amount of $1,813,273, plus $181,328 in additional services, if needed, for a total amount not to exceed $1,994,601 and authorizing the City Manager, or his designee, to execute the Agreement.
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Resolution approving the Stanislaus and Tuolumne Rivers Groundwater Basin Association – Groundwater Sustainability Agency Equitable Project Cost Sharing and Reimbursement Agreement and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution amending the Fiscal Year 2023/24 Multi-Year Program Budget in the amount of $2,174,601 to be transferred into the project from Water Fund Reserves and authorizing the City Manager, or his designee, to implement the provision of the Resolution.
UTILITIES; Jim Alves, 209-571-5557, [email protected] ACTION: (Wright/Escutia-Braaton;7/0) Resolution 2023-524 approving an Agreement with Todd Groundwater, of Alameda, CA for the Groundwater Sustainability Plan Update and Annual Reporting, in the amount of $1,813,273, plus $181,328 in additional services, if needed, for a total amount not to exceed $1,994,601 and authorizing the City Manager, or his designee, to execute the Agreement.
ACTION: (Wright/Escutia-Braaton;7/0) Resolution 2023-525 approving the Stanislaus and Tuolumne Rivers Groundwater Basin Association – Groundwater Sustainability Agency Equitable Project Cost Sharing and Reimbursement Agreement and authorizing the City Manager, or his designee, to execute the Agreement.
ACTION: (Wright/Escutia-Braaton;7/0) Resolution 2023-526 amending the Fiscal Year 2023/24 Multi-Year Program Budget in the amount of $2,174,601 to be transferred into the project from Water Fund Reserves and authorizing the City Manager, or his designee, to implement the provision of the Resolution.
Consent
16. Consider approving an Engineering Services Agreement with West Yost Associates, of Davis, CA, for the Chicago-Paradise Area Strengthen and Replace Water Mains Project, in an amount not to exceed $1,134,933. (Funding Source: Water Fund) Resolution approving an Engineering Services Agreement with West Yost Associates, of Davis, CA, for the Chicago-Paradise Area Strengthen and Replace Water Mains Project in the amount of $1,031,757, plus $103,176 in additional services, if needed, for a total amount not to exceed $1,134,933 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 $12,815,417 to be transferred into the project from Water Fund Reserves to fund the Chicago-Paradise Area Strengthen and Replace Water Mains Project and authorizing the City Manager, or his designee, to implement the provisions of this Resolution.
UTILITIES; Edgar Vargas, 209-577-5424, [email protected] ACTION: (Wright/Escutia-Braaton;7/0) Resolution 2023-527 approving an Engineering Services Agreement with West Yost Associates, of Davis, CA, for the Chicago-Paradise Area Strengthen and Replace Water Mains Project in the amount of $1,031,757, plus $103,176 in additional services, if needed, for a total amount not to - 9 -
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exceed $1,134,933 and authorizing the City Manager, or his designee, to execute the Agreement.
ACTION: (Wright/Escutia-Braaton;7/0) Resolution 2023-528 amending the Fiscal Year 2023-24 Capital Improvement Program Budget in the amount of $12,815,417 to be transferred into the project from Water Fund Reserves to fund the Chicago-Paradise Area Strengthen and Replace Water Mains Project and authorizing the City Manager, or his designee, to implement the provisions of this Resolution.
Consent
17. Consider approving the purchase of 4,320 square feet of real property at 5132 South Avenue, Empire, CA owned by Stanislaus Regional Housing Authority for $26,073, plus $10,000 in closing costs to be used for the Well 312 Treatment System and Flushline Project. (Funding Source: Water Fund)
Resolution approving the purchase of 4,320 square feet of real property located at 5132 South Avenue, Empire, CA 95319 owned by Stanislaus Regional Housing Authority for $26,073, plus $10,000 in closing costs, to be used for the Well 312 Treatment & Flushline 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; Edgar Vargas, 209-577-5424, [email protected] ACTION: (Wright/Escutia-Braaton;7/0) Resolution 2023-529 approving the purchase of 4,320 square feet of real property located at 5132 South Avenue, Empire, CA 95319 owned by Stanislaus Regional Housing Authority for $26,073, plus $10,000 in closing costs, to be used for the Well 312 Treatment & Flushline 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.
Consent
18. Consider approving an Agreement for Material Hauling Services with Sekhon and Son Trucking, Inc. of Modesto, CA and California Materials of Stockton, CA for a total amount not to exceed $2,375,000 over five years. (Funding Source: Green Waste; Storm Drain; Surface Transportation; Wastewater and Water Funds) Resolution approving the Award of Bid and Agreements for Material Hauling Services to Sekhon and Son Trucking, Inc. of Modesto, CA and California Materials, Inc. of Stockton, CA for a two year Agreement with three one-year extension options, for an annual estimated amount of $475,000 and a total amount not to exceed $2,375,000 over five years, and authorizing the City Manager or his designee, to execute the Amendment.
UTILITIES; Manuel Martinez, 209-342-4592, [email protected] ACTION: (Wright/Escutia-Braaton;7/0) Resolution 2023-530 approving the Award of Bid and Agreements for Material Hauling Services to Sekhon and Son Trucking, Inc. of Modesto, CA and California Materials, Inc. of Stockton, CA for a two year Agreement with three one-year extension options, for an annual estimated amount of - 10 -
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$475,000 and a total amount not to exceed $2,375,000 over five years, and authorizing the City Manager or his designee, to execute the Amendment.
Consent
19. Consider approving an Agreement with Olea Networks, Inc., Bee Cave, TX for Large Commercial Water Meter Health Analytic Software and Technology for a total cost not to exceed $1,500,000 over five years. (Funding Source: Water Fund) Resolution approving an Agreement with Olea Networks Inc., Bee Cave, TX, for Large Commercial Water Meter Health Analytic Software and Technology for a two-year Agreement with three one-year extension options, for an annual estimated amount of $340,000 and a total amount not to exceed $1,500,000 over five years and authorizing the City Manager or his designee to execute the Agreement.
UTILITIES; Manuel Martinez, 209-342-4592, [email protected] ACTION: (Wright/Escutia-Braaton;7/0) Resolution 2023-531 approving an Agreement with Olea Networks Inc., Bee Cave, TX, for Large Commercial Water Meter Health Analytic Software and Technology for a two-year Agreement with three one-year extension options, for an annual estimated amount of $340,000 and a total amount not to exceed $1,500,000 over five years and authorizing the City Manager or his designee to execute the Agreement.
Recessed 6:02 p.m.
Reconvened 6:09 p.m.
COUNCIL COMMENTS & REPORTS
Council Member Williams congratulated Vice Mayor Ricci for role as Vice Mayor and mentioned his phenomenal job. He also congratulated Councilmember Alvarez for becoming the new Vice Mayor for the 2024 calendar year. He also highlighted positive developments in the Lakewood area, including street maintenance and playground updates. He further commends the Downtown Streets Team for their significant impact in picking up 750 tons of garbage over the last five and a half years.
Council Member Bavaro thanked Vice Mayor Ricci for his service. He discussed challenges faced by the Downtown Streets Team with some local businesses and spoke about updates on street maintenance projects in his district. He also reported on Measure H funding for playground updates. He further stressed the importance of supporting the Downtown Streets Team program.
Vice Mayor Ricci echoed Council Member Bavaro's praise for the Downtown Streets Team. He highlighted the team's success in finding shelter for 40 people in 2023. He reported on the success of the Celebration of Lights Parade and Christmas tree lighting. He further discussed ongoing efforts to improve the Safe Parking program and expressed concern about the closure of A&W Root Beer and hopes for its preservation. He further encouraged collaboration on bridge housing solutions to reduce homelessness.
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Council Member Escutia-Braaton discussed Modesto hosting a clean air summit and efforts to improve air quality. She highlighted accomplishments in replacing old equipment to reduce emissions. She spoke about mitigating the impact of fireworks on air quality during the 4th of July. She further reported on attending the retirement event celebrating Laurie Smith, the Director of Parks and Recreation.
Mayor Zwahlen thanked Vice Mayor Ricci for his service and looks forward to Council Member Alvarez serving as the new Vice Mayor. She highlighted various community events, including the Salvation Army Kettle Kickoff, Interfaith Council event, Small Business Saturday, and the holiday parade. She appreciates the generosity and diversity of Modesto residents.
Council Member Alvarez highlighted his support for a mixed-use development at the Muni Golf Course, advocating for a comprehensive approach with both residential and commercial components on the 54-acre plot. He’ll advocate resident involvement in decision-making regarding the golf course. Alvarez also shared his participation in the South Modesto Business United event and their annual Posada, acknowledging the Skanless Car Club for their partnership with the Red Shield of Modesto in a toy drive benefiting 700 children. Expressing gratitude, he thanked Mayor Zwahlen for appointing him as Vice Mayor for the coming year and acknowledged his family, including the presence of his parents, for their unwavering support during his public service journey.
CITY MANAGER COMMENTS & REPORTS
None.
HEARINGS
Published in the Modesto Bee on November 24, 2023.
20. Hearing to consider adopting an Amendment to the General Plan approving the 6th Cycle Housing Element for 2023-2031. (Funding Source: General Fund) Resolution approving an Amendment to the Modesto Urban Area General Plan to replace the 2015-2023 Housing Element with the 2023-2031 Housing Element, Chapter IV of the General Plan and authorizing the City Manager or designee to make all non-substantive changes to the Housing Element to make it internally consistent or to address any non-substantive changes or amendments requested by the Department of Housing and Community Development to achieve state certification of the Housing Element, and that such changes by the City Manager shall not change the policy of the City or include any legislative action.
CED; Michael Hren, 209-577-5273, [email protected]
ACTION: (Ricci/Williams; 7/0) Resolution 2023-532 approving an Amendment to the Modesto Urban Area General Plan to replace the 2015-2023 Housing Element with the 2023-2031 Housing Element, Chapter IV of the General Plan and authorizing the City Manager or designee to make all non-substantive changes to the Housing Element - 12 -
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to make it internally consistent or to address any non-substantive changes or amendments requested by the Department of Housing and Community Development to achieve state certification of the Housing Element, and that such changes by the City Manager shall not change the policy of the City or include any legislative action.
Published in the Modesto Bee on November 24, 2023.
21. Hearing to consider accepting the Capital Facilities Fees Annual Report for Fiscal Year 2022-23 and making findings related to each of the fee categories. (Funding Source:
Capital Facilities Fees)
Resolution accepting the Capital Facilities Fees Annual Report for Fiscal Year 2022-23 and making findings related to each of the fee categories.
CED; Peter Ibrahim, 209-577-5211, [email protected] ACTION: (Wright/Alvarez; 7/0) Resolution 2023-533 accepting the Capital Facilities Fees Annual Report for Fiscal Year 2022-23 and making findings related to each of the fee categories.
Published in the Modesto Bee on November 24, 2023.
22. Hearing to consider accepting the Fiscal Year 2022-23 Annual Report of Funds Held for Future Improvements and making findings related to each security on file. (Funding Source: Developer Deposits)
Resolution accepting the Fiscal Year 2022-23 Annual Report of Funds Held for Future Improvements and making findings related to each security on file.
CED; Peter Ibrahim, 209-577-5211, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2023-534 accepting the Fiscal Year 2022-23 Annual Report of Funds Held for Future Improvements and making findings related to each security on file.
NEW BUSINESS
23. Consider an Ordinance amending Section 11-6.05 “Charges for Metered Water Service,” of Chapter 6, “Collection of Public Utilities Charges,” of Title 11, “Public Utilities,” of the Modesto Municipal Code to establish a Water Rate Surcharge for new water connections located outside of the City’s water service area. (Funding Source:
Water Enterprise Fund)
Motion introducing and waiving the first reading of the Ordinance amending Section 11-6.05 “Charges for Metered Water Service,” of Chapter 6, “Collection of Public Utilities Charges,” of Title 11, “Public Utilities,” of the Modesto Municipal Code to establish a Water Rate Surcharge for new water connections located outside of the City’s water service area.
CED; Peter Ibrahim, 209-577-5211, [email protected] ACTION: (Williams/Ricci; 7/0) Motion introducing and waiving the first reading of the Ordinance 3776-C.S. amending Section 11-6.05 “Charges for Metered Water Service,” of Chapter 6, “Collection of Public Utilities Charges,” of Title 11, “Public - 13 -
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Utilities,” of the Modesto Municipal Code to establish a Water Rate Surcharge for new water connections located outside of the City’s water service area.
MATTERS TOO LATE FOR THE AGENDA
None.
ADJOURNMENT
This meeting adjourned at 7:31 pm
Closed Session Matters heard prior to the meeting.
CLOSED SESSION
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Pursuant to Section 54957 of the Government Code)
Title: City Clerk
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: Stephanie Lopez v. City of Modesto, et al.
Superior Court of California, County of Stanislaus
Stanislaus County Case No.: CV-21-00925
Attest:____________________________
Diane Nayares-Perez, City Clerk