Agenda packet — Modesto City Council, January 28, 2025 (part 1 of 3)

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*Councilmember Ricci, via teleconference
DoubleTree New York Times Square South|
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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, January 28, 2025 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/95895497651
 Enter the following link into an Internet Browser https://zoom.us/ and using the Webinar ID: 958 9549 7651
 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: 958 9549 7651 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, programs, or activities. For more information, please visit the City of Modesto website at https://www.modestogov.com/865/Americans-with-Disabilities-Act-ADA - 2 -
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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: Lance Lowell, Neighborhood Church
City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session

ACKNOWLEDGEMENTS AND PRESENTATIONS

1. Proclamation declaring February as National Black History Month. (Funding Source:

Not Applicable)
CITY COUNCIL; Breanna Griffin, 209-577-5421, [email protected]

2. Proclamation declaring February as National Cancer Prevention Month. (Funding Source: Not Applicable)
CITY COUNCIL; Breanna Griffin, 209-577-5421, [email protected]

MISCELLANEOUS
Legislation, Appointments, Other

3. Consider accepting the resignation of Kyle Ford from the Housing Rehabilitation Loan Committee. (Funding Source: Not Applicable)
Staff Recommendation:
 Resolution accepting the resignation of Kyle Ford from the Housing Rehabilitation Loan Committee.

CED; Edgar Garcia, 209-571-5101, [email protected]

4. Consider approving the appointment of David Harris and Larry Sanders to the City of Modesto Citizens’ Housing and Community Development Committee with terms expiring December 31, 2028. (Funding Source: Not Applicable) Staff Recommendation:
 Resolution approving the appointment of David Harris and Larry Sanders to the City of Modesto Citizens’ Housing and Community Development Committee with terms expiring December 31, 2028.

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

5. Consider approving the appointment of Margie Johnson as the Citizen’s Housing and Community Development Committee (CH&CDC) Representative to the Housing - 3 -
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Rehabilitation Loan Committee (HRLC), with a term expiration of December 31, 2025. (Funding Source: Not Applicable)
Staff Recommendation:
 Resolution approving the appointment of Margie Johnson to the Housing Rehabilitation Loan Committee as a Citizen’s Housing and Community Development (CH&CDC) Representative for 2025, with a term expiration of December 31, 2025.

CED; Edgar Garcia, 209-571-5101, [email protected]

6. Consider approving the appointment of Emmanuel Becerra and Jim Bishop as City of Modesto Representatives to the Tuolumne River Regional Park Citizens Advisory Committee (TRRP CAC) through December 31, 2028. (Funding Source: Not Applicable)
Staff Recommendation:
 Resolution approving the appointment of Emmanuel Becerra and Jim Bishop as City of Modesto Representatives to the Tuolumne River Regional Park Citizens Advisory Committee (TRRP CAC) through December 31, 2028.

ENGINEERING SERVICES; Nathan Houx, 209-571-5526, [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.

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

Consent

7. Consider approving the minutes for the January 14, 2025 Council Meeting. (Funding Source: Not Applicable)
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Staff Recommendation:
 Motion approving the minutes for the January 14, 2025 Council Meeting.

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

8. Consider approving Final Adoption of Ordinance 3789-C.S. Amending Section 3-

2.1401.1 of Article 14 of Chapter 2 of title 3 of the Modesto Municipal Code relating to Speed Limits. (Funding Source: Not Applicable)
Staff Recommendation:
 Motion approving Final Adoption of Ordinance 3789-C.S. Amending Section 3-2.1401.1 of Article 14 of Chapter 2 of title 3 of the Modesto Municipal Code relating to Speed Limits.

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

9. Consider approving the First Amendment for the Consultant Services Agreement with De Novo Planning Group for Specific Plan Services increasing the Agreement amount by $400,000. (Funding Source: Developer Fees)
Staff Recommendation:
 Resolution approving the First Amendment increasing the Consultant Services Agreement amount with De Novo Planning Group for Specific Plan Services by $400,000 from $500,000 to a new total amount of $900,000; and authorizing the City Manager or his designee to execute the Amendment.

CED; Leslie Danhoff, 209-577-5211, [email protected] Consent

10. Consider approving the Second Amendment for the Consultant Services Agreement with De Novo Planning Group for Environmental Planning Services increasing the Agreement amount by $1,200,000. (Funding Source: Developer Fees) Staff Recommendation:
 Resolution approving the Second Amendment increasing the Consultant Services Agreement amount with De Novo Planning Group for Environmental Planning Services by $1,200,000 from $900,000 to a new total amount of $2,100,000; and authorizing the City Manager or his designee to execute the Amendment.

CED; Leslie Danhoff, 209-577-5211, [email protected] Consent

11. Consider approving a First Amendment to the Agreement with Stanislaus County Affordable Housing Corporation, Modesto, California for Master Development Services for Bridge Housing Projects increasing the Agreement amount by $625,000 to a new total amount of $700,000. (Funding Source: Measure H Funds) Staff Recommendation:
 Resolution approving a First Amendment to the Agreement with Stanislaus County Affordable Housing Corporation (StanCo), Modesto, CA for Master Development Services of Bridge Housing Projects increasing the Agreement - 5 -
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amount by $625,000 to a new total amount of $700,000 and authorizing the City Manager, or his designee, to execute the required amendment, and rescinding Resolution No. 2024-338.

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

12. Consider approving a Resolution of Intention to form City of Modesto Community Facilities District (CFD) No. 2025-1 (Kiernan Business Park South #2) and replacing City of Modesto Community Facilities District No. 2012-1 (Kiernan Business Park South). (Funding Source: Developer Deposits)
Staff Recommendation:
 Resolution of Intention of the City Council of the City of Modesto, California, to establish City of Modesto Community Facilities District No. 2025-1 (Kiernan Business Park South #2) replacing CFD No. 2012-1, and to authorize the levy of special taxes within said Community Facilities District.

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

13. Consider accepting the Monthly Investment Report for November 2024. (Funding Source: Various Funds)
Staff Recommendation:
 Motion accepting the Monthly Investment Report for November 2024.

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

14. Consider accepting an Informational Report for the November 2024 Accounts Payable Payment Register and Void Report. (Funding Source: Not Applicable) Staff Recommendation:
 Motion accepting an Informational Report for the November 2024 Accounts Payable Payment Register and Void Report.

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

15. Consider approving the Third Amendment to the Agreement for the Operation of the King-Kennedy Memorial Center with the West Modesto Community Collaborative to amend the Agreement to a month-to-month basis until July 1, 2025. (Funding Source:

General Fund)
Staff Recommendation:
 Resolution approving the Third Amendment to the Agreement for the Operation of the King-Kennedy Memorial Center with the West Modesto Community Collaborative to amend the Agreement to a month-to-month basis until July 1, 2025, and authorizing the City Manager, or his designee, to execute the Amendment.

PRN; John Skeel, 209-577-5216, [email protected]
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Consent

16. Consider approving the Plans and Specifications for the Bret Harte Neighborhood Strengthen & Replace Water Mains Phase 1B Project, accepting the Bid and Awarding a Construction Contract to Mid Cal Pipeline & Utilities, Inc., of Merced, CA in the amount of $1,731,369, authorizing 15% in contingency (if needed), for a total amount not to exceed $1,991,075, and approving an Agreement with Siegfried Engineering, of Modesto, CA, for Engineering Support During Construction in the amount of $29,800, plus $2,980 in additional services (if needed), for a total amount not to exceed $32,780. (Funding Source: Water Fund)
Staff Recommendation:
 Resolution approving the Plans and Specifications for the Bret Harte Neighborhood Strengthen & Replace Water Mains Phase 1B Project, accepting the Bid and Awarding a Construction Contract to Mid Cal Pipeline & Utilities, of Merced, CA in the amount of $1,731,369, authorizing the Director of Engineering Services to approve Change Orders up to the cumulative amount of $259,706, 15% of the original contract price, for a total payment amount not to exceed $1,991,075 and authorizing the City Manager, or his designee, to execute the Contract.
 Resolution approving an Engineering Support during Construction Agreement with Siegfried Engineering, of Modesto, CA, for the Bret Harte Neighborhood Strengthen & Replace Water Mains Phase 1B Project in the amount of $29,800, plus $2,980 in additional services, if needed, for a total amount not to exceed $32,780 and authorizing the City Manager, or his designee, to execute the Agreement.
 Resolution amending the Fiscal Year 2024-25 Capital Improvement Program Budget in the amount of $678,500 to be transferred into the Project from Water Fund Reserves to fund the Bret Harte Neighborhood Strengthen & Replace Water Mains Phase 1B Project and authorizing the City Manager, or his designee, to implement the provision of the Resolution.

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

17. Consider approving an Amended and Restated Memorandum of Agreement with Stanislaus County for the West Modesto Sewer Infrastructure Project:

Spencer/Marshall Neighborhood – County Area 7. (Funding Source: Wastewater Fund) Staff Recommendation:
 Resolution approving an Amended and Restated Memorandum of Agreement with Stanislaus County for the West Modesto Sewer Infrastructure Project:

Spencer/Marshall Neighborhood – County Area 7 and authorizing the City Manager, or his designee, to execute the Agreement.
 Resolution approving an Amendment to the Fiscal Year 2024-25 Multi-Year Program Budget in the amount of $2,693,506 from Wastewater Reserves to fund the Construction Phase of the Septic to Sewer Program – County Area 7 and authorizing the City Manager, or his designee, to implement the provisions of the Resolution.

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Consent

18. Consider approving an Amended and Restated Memorandum of Agreement with Stanislaus County for the West Modesto Sewer Infrastructure Project: Rouse/Colorado Neighborhood - County Area 9. (Funding Source: Wastewater Fund) Staff Recommendation:
 Resolution approving an Amended and Restated Memorandum of Agreement with Stanislaus County for the West Modesto Sewer Infrastructure Project:

Rouse/Colorado Neighborhood – County Area 9 and authorizing the City Manager, or his designee, to execute the Agreement.
 Resolution approving an Amendment to the Fiscal Year 2024-25 Multi-Year Program Budget in the amount of $8,427,259 from Wastewater Reserves to fund the Construction Phase of the Septic to Sewer Program – County Area 9 and authorizing the City Manager, or his designee, to implement the provisions of the Resolution.

UTILITIES; Miguel Alvarez, 209-577-5348, [email protected]

COUNCIL COMMENTS & REPORTS

CITY MANAGER COMMENTS & REPORTS

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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1/28/2025

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

January 28, 2025
Date: January 8, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Director of Community and Economic Development SUBJECT: Housing Rehabilitation Loan Committee
CONTACT: Edgar Garcia, Community Development Manager, [email protected], 209-571-5101
DESCRIPTION:

Consider accepting the resignation of Kyle Ford from the Housing Rehabilitation Loan Committee. (Funding Source: Not Applicable)
STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

DISCUSSION:

On April 6, 2021, by Resolution No 2021-095, Kyle Ford was appointed to the Housing Rehabilitation Loan Committee with a term expiration date of January 1, 2025. On November 23, 2024, Kyle Ford formally resigned from the Housing Rehabilitation Loan Committee.

FISCAL IMPACT:

There is no fiscal impact related to this action.

COMMITTEE RECOMMENDATION:

This item is not required to be reviewed by the committee. #3..
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City Council, January 28, 2024
Housing Loan Rehabilitation Committee

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RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution accepting the resignation of Kyle Ford from the Housing Rehabilitation Loan Committee.

Approved by:

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

1. Resolution

2. Housing Rehabilitation Loan Committee Bylaws

3. Kyle Ford’s Resignation Form
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01/28/2025/CED/EGarcia/Item X 1 2025-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2025-

RESOLUTION ACCEPTING THE RESIGNATION OF KYLE FORD FROM

THE HOUSING REHABILITATION LOAN COMMITTEE
WHEREAS, the Housing Rehabilitation Loan Committee was established to review and approve the City of Modesto’s (City) housing rehabilitation loans and grants and for reviewing policy and procedures for the program, and WHEREAS, on April 6, 2021, by Resolution No. 2021-095, Kyle Ford was appointed to serve as a member of the Housing Rehabilitation Loan Committee, and WHEREAS, Kyle Ford has tendered his resignation from the Housing Rehabilitation Loan Committee effective November 23, 2024.

NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Modesto hereby accepts the resignation of Kyle Ford from the Housing Rehabilitation Loan Committee with regret.
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01/28/2025/CED/EGarcia/Item X 2 2025-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 28th of January, 2025 by Councilmember ?, who moved its adoption, which motion being duly seconded by ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers: ?
NOES: Councilmembers: ?
ABSENT: Councilmembers: ?
ATTEST: ___________________________

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

BY:

JOSE M. SANCHEZ, City Attorney
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HRLC Bylaws Page 1 of 5 Amended: 10-25-2016
Resolution No. 2016-424
Housing Rehabilitation Loan Committee
BYLAWS
Article I. Definitions
Section 1.01 There is a Committee created to be known and designated as the Housing Rehabilitation Loan Committee.

Section 1.02 As used in these Bylaws, unless a different meaning clearly appears from the context:
(a) "Member" shall mean a member of the Housing Rehabilitation Loan Committee. (b) "Housing Rehabilitation Loan Committee" and "Committee" shall mean the Housing Rehabilitation Loan Committee.

Article II. Objectives
Section 2.01 The Committee shall be responsible for reviewing and approving the City of Modesto’s (City) housing rehabilitation loans, homebuyers' assistance loans, and for reviewing policy and procedures for both programs.

Article III. Membership
Section 3.01 The Housing Rehabilitation Loan Committee shall consist of seven (7) qualified persons and one (1) alternate comprised of the following:

Seat Designation Term
Councilmember (appointed by the Mayor)
Financial Institution - Representative
Service Provider - Representative
General Contractor (active or retired)
Housing Authority of Stanislaus County – Representative Citizen-at-Large
Citizen-at-Large
Citizens’ Housing and Community Development Committee – Representative (Alternate)
4 years
4 years
4 years
4 years
4 years
4 years
4 years
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HRLC Bylaws Page 2 of 5 Amended: 10-25-2016
Resolution No. 2016-424
Section 3.02 The Members of the Committee shall reside within the City limits of the City at the time of appointment and must maintain residence within the City at all times during their service on the Committee with the exception of the appointed representative of the Housing Authority of Stanislaus County.

Section 3.03 No Member of the Committee shall be an employee of the City, nor any bargaining unit for employees of the City, nor a person who receives compensation from the City.

Section 3.04 All appointments shall be approved by the City’s Appointments Committee.

Section 3.05 No Member of the Committee shall be a relative by blood or marriage within the third degree of the Mayor, Councilmember, Charter Officer, or any department director or deputy department director.

Section 3.06 All Members must complete Statement of Economic Interest (Form 700) by April 1st of each year and when assuming or leaving Committee membership.

Article IV. Terms of Office
Section 4.01 Members may serve no more than two (2) terms. Full terms are four (4) years in duration.

Section 4.02 A partial term of two (2) or more years shall be considered a full term for purposes of Section 4.01.

Section 4.03 Full term appointments begin on January 1 and expire on December 31 four(4) years subsequent.

Section 4.04 Members may be reappointed after their initial term. Members serving two (2) consecutive terms may be reappointed after a break in service of 12 months.

Section 4.05 Members not eligible for reappointment may continue to serve until their successors are appointed. No member shall serve more than eight (8) consecutive years, with the exception of those who are serving until their successors are appointed.

Section 4.06 The Members of the Committee shall receive no compensation for the performance of their official duties.
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HRLC Bylaws Page 3 of 5 Amended: 10-25-2016
Resolution No. 2016-424
Section 4.07 Appointments to fill vacancies on the Committee shall be handled in the same manner as original appointments. When a vacancy occurs during a term, the appointment to fill such vacancy shall be for the unexpired portion of the term.

Section 4.08 Members of the Committee may be removed by a majority vote of the City Council after a recommendation by the Committee Chairperson for the following reasons:
(a) Misconduct, inefficiency, or willful neglect in the performance of their duties providing the member is first provided in writing the reasons for such removal and gives the member the opportunity to be heard before the Council in their own defense. (b) Refusal to resign from the Committee when no longer a resident of the City or when a conflict of interest exists.

Article V. Attendance at Meetings
Section 5.01 It shall be the responsibility of each Member to know the dates and times of all Committee meetings. If a Member knows he or she will not be able to attend a regularly scheduled meeting, it shall be his or her responsibility to notify the Committee Secretary at least forty-eight (48) hours before the meeting, in order for the absence to be recorded as an excused absence.

Section 5.02 The minutes of each meeting will list those Members in attendance, those who are excused and those who are unexcused.

Section 5.03 Attendance at meetings is expected and necessary to carry out the mission of the Committee. Three or more consecutive unexcused absences are grounds for removal from the Committee by the City Council.

Article VI. Officers and Their Duties
Section 6.01 Officers shall consist of Chair and Vice-chair elected by a majority vote of the members of the Committee. Officers shall serve a four-year term.

Section 6.02 All officers shall exercise all privileges of membership, including the making of motions, seconding and debate.

Section 6.03 The Chair shall preside at all meetings, shall appoint all ad-hoc committees, and shall ensure that the bylaws, rules and regulations as adopted by the Committee are properly enforced.
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HRLC Bylaws Page 4 of 5 Amended: 10-25-2016
Resolution No. 2016-424
Section 6.04 The Vice-chair shall assist the Chair in his/her duties and in the absence of the Chair shall perform all duties usually performed by the Chair.

Section 6.05 The Committee Secretary shall be a City staff member, appointed by the Community & Economic and Development Department, to serve as secretary. The Committee Secretary shall keep a record of the minutes of all Committee meetings and such other duties as are usually performed by a secretary.

Article VII. Meetings
Section 7.01 Special meetings shall be called by the Chairperson as necessary.

Section 7.02 Notices of all meetings, including agendas, shall be given to all Members of the Committee, to the City Clerk, to the City Manager, and to all others as provided by law. All such notices shall be furnished to the Committee in writing at least seventy-two hours prior to the time of such meeting.

Section 7.03 All meeting agendas will be posted at Tenth Street Place.

Section 7.04 All meetings shall comply with the requirements of the Ralph M. Brown Act.

Section 7.05 A quorum is necessary for the Committee to transact any business. A quorum shall be defined as a simple majority of active Committee members which is one-half of the active members plus one.

Article VIII. Order of Proceedings
Section 8.01 Sturgis' Standard Code of Parliamentary Procedure shall be the guide for parliamentary procedures in the conduct of Committee meetings.

Section 8.02 The order of proceedings of all meetings shall be as follows, subject to majority vote of the members present:
(a) Roll Call
(b) Declaration of Conflict of Interest
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HRLC Bylaws Page 5 of 5 Amended: 10-25-2016
Resolution No. 2016-424
(c) Public Comment Period
(d) Consent Items
(e) Old Business
(f) New Business
(g) Committee Comments & Reports
(h) Matters Too Late for the Agenda
(i) Adjournment
Section 8.03 Members of the public shall not speak unless recognized by the Chairperson and shall state their names before making any statement, which shall become a part of the public record. The Chairperson may remove any person who refuses to follow these rules or the decision of the Chairperson.

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.

Kyle Ford

Housing Rehabilitation Loan Committee

I am resigning from the Housing Rehabilitation Loan Committee because I have been offered, and accepted, employment with the City of Modesto.

Thank you for providing this information. After clicking ‘Submit’ you will receive a Submission ID number that can be retained for future reference.

You will be updated by our staff, if necessary, as your resignation form is processed.

Have a great day!
Submission ID: 0f1c6328-3904-4094-9e2c-1839c7b19002 Page 1/1 #3..
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

January 28, 2025
Date: December 31, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Director of Community and Economic Development SUBJECT: Appointments to the Citizens’ Housing and Community Development Committee CONTACT: Edgar Garcia, Community Development Manager,
[email protected] , 209-577-5211
DESCRIPTION:

Consider approving the appointment of David Harris and Larry Sanders to the City of Modesto Citizens’ Housing and Community Development Committee with terms expiring December 31, 2028. (Funding Source: Not Applicable)
STRATEGIC PLAN ELEMENT:

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

Promote Trust and Engagement between the Community and the City”.

BACKGROUND:

The Modesto Citizens’ Housing and Community Development Committee (CH&CDC) consists of 11 members appointed by the City Council for a 4-year term. The CH&CDC serves as an advisory group to the City Council on matters related to housing and community development.

The CH&CDC provides an overall review of the City's Housing and Urban Development (HUD) funds. The committee makes funding recommendations to the Modesto City Council regarding the HUD Community Development Block Grant, Emergency Shelter Grant, and Home Investment Partnership Grant programs.

Section 11021 of the Charter of the City of Modesto authorizes the City Council to appoint members to various Boards and Commissions with the recommendation of the City’s Appointments Committee.

DISCUSSION:

Committee Member Sonja Hurst’s first term expired on December 31, 2024, and is eligible 1 https://library.municode.com/ca/modesto/codes/code_of_ordinances?nodeId=CHTR_ARTXIAPBOCO_S1102APTE #4..
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City Council, January 28, 2025
Appointments to the Citizens’ Housing and Community Development Committee

Page 2 of 3 ends

for reappointment, and Committee Member Anthony Drobnick’s first term expired on January 1, 2025 and is eligible for reappointment. However, neither of them are seeking reappointment which leaves a total of two (2) vacancies on the Citizens’ Housing and Community Development Committee. These vacancies are to be filled by prospective candidates, recommended by the Appointments Committee, and final approval by the City Council. The candidates would be appointed to the Citizens Housing Community Development Committee for a full term as Citizens At-Large with a term expiration date of December 31, 2028.

Outreach for the Citizens’ Housing and Community Development Committee vacancies included posting the opportunity in the Modesto Bee and sharing it on the City’s various social media platforms by the City’s Community and Media Relations Team.

The Appointments Committee received a total of six (6) applications. The Appointments Committee reviewed the applications on December 4, 2024 and recommended the following appointments to fill the two (2) vacancies: appointment of David Harris, to fill one (1) full vacancy with a term expiring December 31, 2028; appointment of Larry Sanders, to fill one (1) full vacancy with a term expiring December 31, 2028.

FISCAL IMPACT:

There is no fiscal impact related to this action.

COMMITTEE RECOMMENDATION:

On December 4, 2024, the Appointments Committee reviewed the applications and recommended the appointment of David Harris and Larry Sanders to the Modesto Citizens’ Housing and Community Development Committee to fill the two (2) vacancies with terms expiring December 31, 2028.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the appointment of David Harris and Larry Sanders to the City of Modesto Citizens’ Housing and Community Development Committee with terms expiring December 31, 2028.

Approved by:

Jessica Hill, Director of Community & Economic
Development
Joseph P. Lopez, City Manager
Attachments:
#4..
- 20 -
City Council, January 28, 2025
Appointments to the Citizens’ Housing and Community Development Committee

Page 3 of 3 ends

1. Resolution

2. Citizens’ Housing and Community Development Committee Bylaws

3. David Harris and Larry Sanders Application
#4..
- 21 -
01/28/2025/CED/Hill 1 2025-

MODESTO CITY COUNCIL
RESOLUTION NO. 2025-

RESOLUTION APPROVING THE APPOINTMENT OF DAVID HARRIS AND LARRY SANDERS TO THE CITY OF MODESTO CITIZEN’S HOUSING AND

COMMUNITY DEVELOPMENT COMMITTEE WITH TERMS EXPIRING
DECEMBER 31, 2028
WHEREAS, Section 1102 of the Charter of the City of Modesto authorizes the City Council to appoint members to various Boards and Commissions; and WHEREAS, Citizens’ Housing and Community Development Committee member Sonja Hurst’s first term expired on December 31, 2024; and WHEREAS, Citizens’ Housing and Community Development Committee member Anthony Drobnick’s first term expired on January 1, 2025; and WHEREAS, two vacancies currently exist on the Citizens’ Housing and Community Development Committee; and
WHEREAS, a total of six applications were received; and WHEREAS, the Appointments Committee met on December 4, 2024, reviewed the applications, and recommended the appointments of David Harris, and Larry Sanders to the Citizens’ Housing and Community Development Committee.

NOW, THEREFORE, BE IT HEREBY RESOLVED by the Council of the City of Modesto that it herby is approving the appointment of David Harris and Larry Sanders who are all Citizens At-Large to the City of Modesto Citizens’ Housing and Community Development Committee with a term expiring December 31, 2028.

BE IT FURTHER RESOLVED, the City Clerk is hereby directed to transmit a copy of this resolution to the appointed members of the Citizens’ Housing and Community Development Committee, and the Secretary thereof. #4..
- 22 -
01/28/2025/CED/Hill 2 2025-
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 28th of January, 2025 by Councilmember , who moved its adoption, which motion being duly seconded by Councilmember , was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

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

BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
#4..
- 23 -

Page 1 ends

CITIZENS' HOUSING & COMMUNITY DEVELOPMENT COMMITTEE
BYLAWS
(Amended: November 24, 2015, Resolution No. 2015-457)
Article I. Definitions
Section 1.01 There is a Committee created to be known and designed as the Citizens’ Housing and Community Development Committee.

Section 1.02 As used in these Bylaws, unless a different meaning clearly appears from the context:
(a) “Member” shall mean a member of the Citizen’s Housing & Community Development Committee.
(b) “Citizens’ Housing & Community Development Committee” and “Committee” shall mean the Citizens’ Housing & Community Development Committee.

Article II. Objectives
Section 2.01 The Committee shall be responsible for providing overall review of the City of Modesto’s (City) housing programs and making policy and funding recommendations regarding the City’s housing and Community Development Block Grant (CDBG) and Emergency Solution Grant (ESG) funded programs to the City Council.

Article III. Membership
Section 3.01 The Citizens’ Housing & Community Development Committee shall consist of eleven (11) qualified persons comprised of the following:

Seat Designation Term
Councilmember (appointed by the Mayor) 4 years
Councilmember (appointed by the Mayor) 4 years
Housing Rehabilitation Loan Committee Representative 4 years City Planning Commission Representative 4 years
Human Relations Committee Representative 4 years
Citizen-at-Large 4 years
Exhibit "A"
#4..
- 24 -

Page 2 ends

Citizen-at-Large 4 years
Citizen-at-Large 4 years
Citizen-at-Large 4 years
Citizen-at-Large 4 years
Citizen-at-Large 4 years
#4..
- 25 -

Page 3 ends

Section 3.02 The Members of the Committee shall reside within the City limits of the City at the time of appointment and must maintain residence within the City at all times during their service on the Committee.

Section 3.03 No Member of the Committee shall be an employee of the City, nor any bargaining unit for employees of the City, nor a person who receives compensation from the City.

Section 3.04 All appointments shall be made by the City’s Appointments Committee.

Section 3.05 No Member of the Committee shall be a relative, by blood marriage within the third degrees of the Mayor, Councilmember, Charter Officer or any department director or deputy department director.

Section 3.06 One Member of the Committee shall be appointed as an alternate to the Housing Rehabilitation Loan Committee by the Committee Chairperson.

Section 3.07 All Members must complete a Statement of Economic Interest (Form 700) by April 1 of each year and when assuming or leaving Committee membership.

Article IV. Terms of Office
Section 4.01 Members may serve no more than two (2) terms.

Section 4.02 Full terms are four (4) years in duration.

Section 4.03 A partial term of two (2) or more years shall be considered a full term for purposes of Section 4.01.

Section 4.04 Full term appointments begin on January 1 and expire on December 31 four (4) years subsequent.

Section 4.05 Members may be reappointed after their initial term. Members serving two (2) consecutive terms may be reappointed after a break in service of twelve (12) months.
#4..
- 26 -

Page 4 ends

Section 4.06 Members not eligible for reappointment may continue to serve until their successors are appointed. No member shall serve more than eight (8) consecutive years, with the exception of those who are serving until their successors are appointed.

Section 4.07 The Members of the Committee shall receive no compensation for the performance of their official duties.

Section 4.08 Appointments to fill vacancies on the Committee shall be handled in the same manner as original appointments. When a vacancy occurs during a term, the appointment to full such vacancy shall be for the unexpired portion of the term.

Section 4.09 Members of the Committee may be removed by a majority vote of the City Council after a recommendation by the Committee Chairperson for the following reasons:
(a) Misconduct, inefficiency, or willful neglect in the performance of their duties providing the member is first provided in writing the reasons for such removal and gives the member the opportunity to be heard before the City Council in their own defense. (b) Refusal to resign from the Committee when no longer a resident of the City or when a conflict of interest exists.

Article V. Attendance at Meetings
Section 5.01 It shall be the responsibility of each Member to know the dates and times of all Committee meetings. If a Member knows he or she will not be able to attend a regularly scheduled meeting, it shall be his or her responsibility to notice the Committee Secretary at least forty-eight (48) hours in advance of the meeting, in order for the absence to be recorded as an excused absence.

Section 5.02 The minutes of each meeting will list those Members in attendance, those who are excused and those who are unexcused.

Section 5.03 Timely attendance at meetings is expected and necessary to carry out the mission of the Committee. Three (3) or more consecutive unexcused absences are grounds for removal of a Member from the Committee by the City Council. #4..
- 27 -

Page 5 ends

Article VI. Officers and Their Duties
Section 6.01 Officers shall consist of a Chairperson, as appointed by the Mayor, and a Vice-chairperson, elected by a majority vote of the members of the Committee. Officers shall serve a four-year term.

Section 6.02 All officers shall exercise all privileges of membership, including the making of motions, seconding and debate.

Section 6.03 The Chairperson shall preside at all meetings, shall appoint all ad-hoc committees, and shall ensure that the bylaws, rules and regulations as adopted by the Committee are properly enforced
Section 6.04 The Vice-chairperson shall assist the Chairperson in his/her duties and in the absence of the Chairperson shall perform all duties usually performed by the Chairperson.

Section 6.05 The Committee Secretary shall be a City staff member, appointed by the Community & Economic Development Department, to serve as secretary to the Committee. The Committee Secretary shall keep a record of the minutes of all Committee meetings and such other duties as are usually performed by a secretary.

Article VII. Meetings
Section 7.01 Special meetings shall be called by the Chairperson as necessary.

Section 7.03 All meeting agendas will be posted at Tenth Street Place.

Section 7.04 All meetings shall comply with the requirements of the Ralph M. Brown Act.

Page 6 ends

Article VIII. Order of Proceedings
Section 8.01 Sturgis’ Standard Code of Parliamentary Procedure shall be the guide for the parliamentary procedures in the conduct of Committee meetings.

Section 8.02 The order of proceedings of all meetings shall be as follows, subject to majority vote of the members present:
(a) Roll Call
(b) Declaration of Conflict of Interest
(c) Public Comment Period
(d) Consent Items
(e) Old Business
(f) New Business
(g) Committee Comments & Reports
(h) Matters Too Late For the Agenda
(i) Adjournment
Section 8.03 Members of the public shall not speak unless recognized by the Chairperson and shall state their names before making any statement, which shall become a part of the public record. The Chairperson may remove any person who refuses to follow these rules or the decision of the Chairperson.

Article IX. Amendments
Section 9.01 The Bylaws and any future amendments shall be subject to the final approval of the City Council and shall not and are not intended to go beyond any of the powers and duties given to the Committee by the City Council. #4..
- 29 -
1 Cynthia Formosa
From: [email protected]
Sent: Saturday, December 2, 2023 8:30 AM
To: Optimize; Cynthia Formosa; Erica Hunt
Subject: Online Form Submission #43148 for Boards, Commissions & Committees Application External Email: Please use caution when clicking links and/or opening attachments.

Boards, Commissions & Committees Application
Title II Compliance
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.

Apply To: Citizens Housing & Community Development Committee First Name David
Last Name Harris
Address
City
State
Zip Code
Home Phone
Work Phone Field not completed.

Email Address
Occupation Retired
Employer / Business Field not completed.

Business Address Field not completed.

City Field not completed.

State Field not completed.
#4..
- 30 -
2 Zip Code Field not completed.

Education High School Diploma, Colledge Certificate
(Section Break)
Qualifications:

Are you a member from a
bona fide local nonpartisan
political organization, with
tax-exempt status under
Section 501(c)(3) of the
Internal Revenue Code,
dedicated to encouraging
informed and active
participation in
government?
No
Are you a member from a
former Civil Grand Jury who
has served in that role
within in the previous five
years?
No
Are you a Modesto
resident?
Yes
If yes, what was the date of
residency?
6/1/2009
Are you a registered voter
in the City of Modesto?
Yes
Are you a registered voter
in Stanislaus County?
Yes
Are you now or have you
ever been employed by the
City of Modesto?
No
Inclusive dates: Field not completed.

Do you have relatives or a
member of your household
who are employed by the
City of Modesto, or who are
currently serving on the City
Council, or who are Board
members or
Commissioners?
No
#4..
- 31 -
3 List relevant employment,
training, and experience,
certificates of training,
licenses, and professional
registration.

Field not completed.

How did you learn about
the board for which you are
applying?
Other (Please specify)
If other, please specify: City Web site
Describe your involvement
in community activities and
civic organizations. (Do not
list partisan political
parties.)
Head of Neighborhood Watch, Neighborhood Lead Person on Nextdoor.com
What is it about this
position that interests you?
Helping to develop housing for the homeless
What qualities, experience,
and expertise would you
bring to it?
I was once homeless and know the hardship of affording
housing cost up front.
(Section Break)
Demographics
City of Modesto invites all applicants to voluntarily self-identify their gender, race/ethnicity, veteran status and disability. Submission of this information is voluntary and refusal to provide will not affect the application process. The information will be kept confidential and will only be used in accordance with the provisions of applicable laws, executive orders and regulations, including those that require the information to be summarized and reported to the federal government for civil rights enforcement.

Gender
Ethnicity
Are you currently, or have
you ever, served in the
Armed Forces?
Do you consider yourself
disabled?
(Section Break)
#4..
- 32 -
1 Cynthia Formosa
From: [email protected]
Sent: Tuesday, February 27, 2024 6:39 PM
To: Optimize; Cynthia Formosa; Erica Hunt
Subject: Online Form Submission #45504 for Boards, Commissions & Committees Application External Email: Please use caution when clicking links and/or opening attachments.

Apply To: Citizens Housing & Community Development Committee First Name Larry
Last Name Sanders
Address
City
State
Zip Code
Home Phone
Work Phone Field not completed.

Email Address
Occupation Retired
Employer / Business Field not completed.

Business Address Field not completed.

City Field not completed.

State Field not completed.
#4..
- 33 -
2 Zip Code Field not completed.

Education Some college
(Section Break)
Qualifications:

Are you a registered voter
in the City of Modesto?
Yes
Are you a registered voter
in Stanislaus County?
Yes
Are you now or have you
ever been employed by the
City of Modesto?
No
Inclusive dates: Field not completed.

Do you have relatives or a
member of your household
who are employed by the
City of Modesto, or who are
currently serving on the City
Council, or who are Board
members or
Commissioners?
No
#4..
- 34 -
3 List relevant employment,
training, and experience,
certificates of training,
licenses, and professional
registration.

Professional Sales Management 45 years, small business
owners
How did you learn about
the board for which you are
applying?
Other (Please specify)
If other, please specify: KCRA 3
Describe your involvement
in community activities and
civic organizations. (Do not
list partisan political
parties.)
Field not completed.

What is it about this
position that interests you?
Would like to get involved in my community future
What qualities, experience,
and expertise would you
bring to it?
Rational down to earth decision making with the communities best interest at heart.
(Section Break)
Demographics
City of Modesto invites all applicants to voluntarily self-identify their gender, race/ethnicity, veteran status and disability. Submission of this information is voluntary and refusal to provide will not affect the application process. The information will be kept confidential and will only be used in accordance with the provisions of applicable laws, executive orders and regulations, including those that require the information to be summarized and reported to the federal government for civil rights enforcement.

Gender
Ethnicity
Are you currently, or have
you ever, served in the
Armed Forces?
Do you consider yourself
disabled?
(Section Break)
#4..
- 35 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

January 28, 2025
Date: January 3, 2025
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Director of Community and Economic Development SUBJECT: Citizen’s Housing and Community Development Representative Appointment to the Housing Rehabilitation Loan Committee
CONTACT: Edgar Garcia, Community Development Manager,
[email protected], 209-571-5101
DESCRIPTION:

Consider approving the appointment of Margie Johnson as the Citizen’s Housing and Community Development Committee (CH&CDC) Representative to the Housing Rehabilitation Loan Committee (HRLC), with a term expiration of December 31, 2025. (Funding Source: Not Applicable)
STRATEGIC PLAN ELEMENT:

BACKGROUND:

The Modesto Citizen’s Housing and Community Development Committee (CH&CDC) consists of 11 members appointed by the City Council. The CH&CDC serves as an advisory group to the City Council on matters related to housing and community development.

This committee provides an overall review of the City’s housing and homelessness initiatives and making policy and funding recommendations which may include Community Development Block Grant (CDBG), Emergency Solution Grant (ESG), HOME Investment Partnerships (HOME), and other local, State, and Federal funded programs to the City Council.

The Housing Rehabilitation Loan Committee (HRLC) is responsible for reviewing and approving loans issued as part of the City’s Homeowner Rehabilitation Program. The HRLC includes seven (7) members that are appointed by the City Council for a 4-year term, with one (1) alternate member from the Citizens Housing and Community Development Committee (CH&CDC). #5..
- 36 -
City Council, January 28, 2025
Citizen’s Housing and Community Development Representative Appointment to the Housing Loan Rehabilitation Committee

Page 2 of 2 ends

DISCUSSION:

In accordance with the CHCDC Bylaws Section 3.06, “One Member of the Committee shall be appointed as an alternate to the Housing Rehabilitation Loan Committee by the Committee Chairperson.” By a majority vote of the CHCDC, the Chair is recommending the appointment of Margie Johnson to serve as an alternate to the HRLC. If approved, Margie Johnson will serve as the CHCDC representative on the HRLC for calendar year 2025. This position is appointed annually and will expire December 31, 2025.

FISCAL IMPACT:

There is no fiscal impact associated with this item.

COMMITTEE RECOMMENDATION:

The Citizen’s Housing and Community Development Committee met on December 12, 2024, and recommended the appointment of Margie Johnson as its representative to the Housing Rehabilitation Loan Committee (HRLC) for this calendar year.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the appointment of Margie Johnson to the Housing Rehabilitation Loan Committee as a Citizen’s Housing and Community Development (CH&CDC) Representative with a term expiration of December 31, 2025.

Approved by:

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

1. Resolution

2. CHCDC Bylaws

3. HRLC Bylaws
#5..
- 37 -
01/28/2025/CED/Hill 1 2025-

MODESTO CITY COUNCIL
RESOLUTION NO. 2025-

RESOLUTION APPROVING THE APPOINTMENT OF MARGIE JOHNSON TO THE HOUSING REHABILITATION LOAN COMMITTEE AS A CITIZEN’S

HOUSING AND COMMUNITY DEVELOPMENT (CH&CDC)
REPRESENTATIVE , WITH A TERM EXPIRATION OF DECEMBER 31, 2025 WHEREAS, Section 1102 of the Charter of the City of Modesto authorizes the City Council to appoint members to various Boards and Commissions; and WHEREAS, Modesto’s Citizen’s Housing and Community Development Committee (CH&CDC) consists of 11 members appointed by the City Council. The CH&CDC serves as an advisory group to the City Council on matters related to housing and community development; and
WHEREAS, this committee provides an overall review of the City’s housing and homelessness initiatives and making policy and funding recommendations which may include Community Development Block Grant (CDBG), Emergency Solution Grant (ESG), HOME Investment Partnerships (HOME), and other local, State, and Federal funded programs to the City Council; and
WHEREAS, according to Section 3.06 of Article III of the Citizen’s Housing and Community Development Committee bylaws state that one member of this committee shall be appointed as an alternate to the Housing Rehabilitation Loan Committee by the Committee Chairperson; and
WHEREAS, HRLC Committee includes seven (7) members that are appointed by the City Council for a 4-year term, with one (1) alternate member from the Citizens Housing and Community Development Committee (CH&CDC); and #5..
- 38 -
01/28/2025/CED/Hill 2 2025-
WHEREAS, to ensure adequate representation on HRLC, City staff is recommending the appointment of a current CH&CDC committee member to be its representative to the HRLC; and
WHEREAS, by a majority vote of the CH&CDC, the Chair is recommending the appointment of Margie Johnson to serve as an alternate to the HRLC; and WHEREAS, if approved, Margie Johnson will serve as the CH&CDC representative on the HRLC for calendar year 2025 with a term expiration date of December 31, 2025.

NOW, THEREFORE, BE IT HEREBY RESOLVED by the Council of the City of Modesto that it hereby approves the appointment of Margie Johnson to the Housing Rehabilitation Loan Committee as a Citizen’s Housing and Community Development (CH&CDC) Representative, with a term expiration of December 31, 2025.

BE IT FURTHER RESOLVED, the City Clerk is hereby directed to transmit a copy of this resolution to the appointed members of the Citizens’ Housing and Community Development Committee, and the Secretary thereof. #5..
- 39 -
01/28/2025/CED/Hill 3 2025-
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 28th of January, 2025 by Councilmember , who moved its adoption, which motion being duly seconded by Councilmember , was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

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

BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
#5..
- 40 -
CH & CDC Bylaws Page 1 of 6 Amended: January 14, 2025
Resolution No. 2025-23

CITIZENS' HOUSING & COMMUNITY DEVELOPMENT COMMITTEE
BYLAWS
(Amended by Resolution 2025-23)
Article I. Definitions
Section 1.01 There is a Committee created to be known and designed as the Citizens’ Housing and Community Development Committee.

Article II. Objectives
Section 2.01 The Committee shall be responsible for providing overall review of the City of Modesto’s (City) housing and homelessness initiatives and making policy and funding recommendations which may include Community Development Block Grant (CDBG), Emergency Solution Grant (ESG), HOME Investment Partnerships (HOME), and other local, State, and Federal funded programs to the City Council.

Article III. Membership
Section 3.01 The Citizens’ Housing & Community Development Committee shall consist of eleven (11) qualified persons and one (1) alternate Councilmember, who may serve in place of any standing member in the event there is an absence or vacancy. The Committee should be comprised of the following:

Seat Designation Term
Councilmember (appointed by the Mayor) 4 years
Councilmember (appointed by the Mayor) 4 years
Councilmember (alternate) 4 years
Housing Rehabilitation Loan Committee Representative Annually #5..
- 41 -
CH & CDC Bylaws Page 2 of 6 Amended: January 14, 2025
Resolution No. 2025-23
City Planning Commission Representative Annually
Human Relations Commission Representative Annually
Citizen-at-Large 4 years
Citizen-at-Large 4 years
Citizen-at-Large 4 years
Citizen-at-Large 4 years
Citizen-at-Large 4 years
Citizen-at-Large 4 years
Section 3.02 The Members of the Committee shall reside within the City limits of the City at the time of appointment and must maintain residence within the City at all times during their service on the Committee.

Section 3.03 No Member of the Committee shall be an employee of the City, nor any bargaining unit for employees of the City, nor a person who receives compensation from the City.

Section 3.04 All appointments shall be made by the City’s Appointments Committee.

Section 3.05 No Member of the Committee shall be a relative, by blood, marriage, within the third degrees of the Mayor, Councilmember, Charter Officer, or any department director or deputy department director.

Section 3.06 One Member of the Committee shall be appointed as an alternate to the Housing Rehabilitation Loan Committee by the Committee Chairperson.

Section 3.07 All Members must complete a Statement of Economic Interest (Form 700) by April 1 of each year and when assuming or leaving Committee membership.

Article IV. Terms of Office
Section 4.01 Members may serve no more than two (2) consecutive terms.

Section 4.02 Full terms are four (4) years in duration.

Section 4.03 A partial term of two (2) or more years shall be considered a full term for purposes of Section 4.01.

Section 4.04 Full term appointments begin on January 1 and expire on December 31 four (4) years subsequent.
#5..
- 42 -
CH & CDC Bylaws Page 3 of 6 Amended: January 14, 2025
Resolution No. 2025-23
Section 4.05 Members may be reappointed after their initial term. Members serving two (2) consecutive terms may be reappointed after a break in service of twelve (12) months.

Section 4.06 The Members of the Committee shall receive no compensation for the performance of their official duties.

Section 4.07 Appointments to fill vacancies on the Committee shall be handled in the same manner as original appointments. When a vacancy occurs during a term, the appointment to full such vacancy shall be for the unexpired portion of the term.

Section 4.08 Members of the Committee may be removed by a majority vote of the City Council after a recommendation by the Committee Chairperson for the following reasons:
(a) Misconduct, inefficiency, or willful neglect in the performance of their duties providing the member is first provided in writing the reasons for such removal and gives the member the opportunity to be heard before the City Council in their own defense.
(b) Refusal to resign from the Committee when no longer a resident of the City or when a conflict of interest exists.
#5..
- 43 -
CH & CDC Bylaws Page 4 of 6 Amended: January 14, 2025
Resolution No. 2025-23
(c) Failure to attend Committee meetings in accordance with Article V of these Bylaws.

Section 5.02 The minutes of each meeting will list those Members in attendance, those who are excused and those who are unexcused.

Section 5.04 The process for recording excused and unexcused absences shall be consistent with Citywide policies and procedures, including the Board and Commission Liaison Handbook.

Article VI. Officers and Their Duties
Section 6.01 Officers shall consist of a Chairperson and a Vice-chairperson, elected by a majority vote of the members of the Committee. Officers shall serve a four-year term.

Section 6.02 All officers shall exercise all privileges of membership, including the making of motions, seconding and debate.

Section 6.03 The Chairperson shall preside at all meetings, shall appoint all ad-hoc committees, and shall ensure that the bylaws, rules and regulations as adopted by the Committee are properly enforced
#5..
- 44 -
CH & CDC Bylaws Page 5 of 6 Amended: January 14, 2025
Resolution No. 2025-23
Section 6.04 The Vice-chairperson shall assist the Chairperson in his/her duties and in the absence of the Chairperson shall perform all duties usually performed by the Chairperson.

Article VII. Meetings
Section 7.01 Special meetings shall be called by the Chairperson as necessary.

Section 7.03 All meeting agendas will be posted at Tenth Street Place.

Section 7.04 All meetings shall comply with the requirements of the Ralph M. Brown Act.

Section 7.05 A quorum is necessary for the Committee to transact any business. A quorum shall be defined as a simple majority of the total number of Committee members which is one-half of the Committee members plus one. Vacant seats on the Committee shall not be factored into calculating the number of members needed for a quorum.

Section 7.06 All meetings of the Committee shall be open to the public and shall be held at a public facility, which is accessible in accordance with the regulations of the Americans with Disabilities Act.
#5..
- 45 -
CH & CDC Bylaws Page 6 of 6 Amended: January 14, 2025
Resolution No. 2025-23
Article VIII. Order of Proceedings
Section 8.01 Section 2-1.10 “Procedural Rules for Council Meetings” of Title 2 “Administration,” of Chapter 1 “City Council Organization and Procedure” of the Modesto Municipal Code shall be the guide for parliamentary procedures in the conduct of Committee meetings.

Section 8.02 The order of proceedings of all meetings shall be as follows, subject to majority vote of the members present:
(a) Roll Call
(b) Conflict of Interest Declaration
(c) Public Comment Period
(d) Consent Items
(e) Old Business
(f) New Business
(g) Committee Comments & Reports
(h) Matters Too Late For the Agenda
(i) Adjournment
Section 8.03 Members of the public shall not speak unless recognized by the Chairperson and may state their names before making any statement, which shall become a part of the public record. The Chairperson may remove any person who refuses to follow time limits set for public comment, or other rules or decisions of the Chairperson.

Article IX. Amendments
Section 9.01 The Bylaws and any future amendments shall be subject to the final approval of the City Council and shall not and are not intended to go beyond any of the powers and duties given to the Committee by the City Council. #5..
- 46 -
HRLC Bylaws Page 1 of 7 Amended: January 14, 2025
Resolution No. 2025-24
Housing Rehabilitation Loan Committee
BYLAWS
Article I. Definitions
Section 1.01 There is a Committee created to be known and designated as the Housing Rehabilitation Loan Committee.

Article III. Membership
Section 3.01 The Housing Rehabilitation Loan Committee shall consist of seven (7) qualified persons and one (1) alternate comprised of the following:

Seat Designation Term
Councilmember (appointed by the Mayor)
Financial Institution - Representative 4 years
Service Provider - Representative 4 years
General Contractor (active or retired) - Representative 4 years Stanislaus Regional Housing Authority - Representative 4 years Citizen-at-Large 4 years
Citizen-at-Large 4 years
Citizens’ Housing and Community Development Committee – Representative (Alternate)
Annual
#5..
- 47 -
HRLC Bylaws Page 2 of 7 Amended: January 14, 2025
Resolution No. 2025-24
Section 3.02 The Members of the Committee shall reside within the City limits of Modesto at the time of appointment and must maintain residence within the City at all times during their service on the Committee with the exception of the appointed representative of the Stanislaus Regional Housing Authority.

Section 3.03 No Member of the Committee shall be an employee of the City, nor any bargaining unit for employees of the City, nor a person who receives compensation from the City.

Section 3.04 All appointments shall be approved by the City’s Appointments Committee, with the exception of the representation recommended by the Stanislaus Regional Housing Authority and Citizens’ Housing and Community Development Committee. The Stanislaus Regional Housing Authority shall appoint an employee to serve on the committee, and the Citizens’ Housing and Community Development Committee shall appoint a representative to the HRLC via a majority vote.

Section 3.06 One Member of the Committee shall be appointed as an alternate to the Citizen Housing and Community Development Committee by a majority vote of the Committee.

Section 3.07 All Members must complete Statement of Economic Interest (Form 700) by April 1st of each year and when assuming or leaving Committee membership.

Section 3.08 All seats designated for representatives, including the Financial Representative, Service Provider Representative, and General Contractor Representative may be filled with a Citizen At-Large by a majority vote of the Appointments Committee in the event that the positions have been solicited and recruitments have been unsuccessful in yielding an eligible candidate. #5..
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HRLC Bylaws Page 3 of 7 Amended: January 14, 2025
Resolution No. 2025-24
Article IV. Terms of Office
Section 4.01 Members may serve no more than two (2) consecutive terms. Full terms are four (4) years in duration.

Section 4.02 A partial term of two (2) or more years shall be considered a full term for purposes of Section 4.01.

Section 4.03 Full term appointments begin on January 1 and expire on December 31 four (4) years subsequent.

Section 4.04 Members may be reappointed after their initial term. Members serving two (2) consecutive terms may be reappointed after a break in service of 12 months.

Section 4.05 The Members of the Committee shall receive no compensation for the performance of their official duties.

Section 4.06 Appointments to fill vacancies on the Committee shall be handled in the same manner as original appointments. When a vacancy occurs during a term, the appointment to fill such vacancy shall be for the unexpired portion of the term.

Section 4.07 Members of the Committee may be removed by a majority vote of the City Council after a recommendation by the Committee Chairperson for the following reasons:
(a) Misconduct, inefficiency, or willful neglect in the performance of their duties providing the member is first provided in writing the reasons for such removal and gives the member the opportunity to be heard before the Council in their own defense.
(b) Refusal to resign from the Committee when no longer a resident of the City or when a conflict of interest exists.
(c) (c) Failure to attend Committee meetings in accordance with Article V of these Bylaws.
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HRLC Bylaws Page 4 of 7 Amended: January 14, 2025
Resolution No. 2025-24
Article V. Attendance at Meetings
Section 5.01 It shall be the responsibility of each Member to know the dates and times of all Committee meetings. If a Member knows he or she will not be able to attend a regularly scheduled meeting, it shall be his or her responsibility to notify the Committee Secretary at least forty-eight (48) hours before the meeting, in order for the absence to be recorded as an excused absence. Failure to provide adequate notice as provided in this section shall constitute an unexcused absence.

Section 5.02 The minutes of each meeting will list those Members in attendance, those who are excused and those who are unexcused.

Section 5.04 The process for recording excused and unexcused absences shall be consistent with Citywide policies and procedures, including the Board and Commission Liaison Handbook.
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HRLC Bylaws Page 5 of 7 Amended: January 14, 2025
Resolution No. 2025-24
Article VI. Officers and Their Duties
Section 6.01 Officers shall consist of a Chairperson, and a Vice-chairperson, elected by a majority vote of the members of the Committee. Officers shall serve as Chairperson or Vice-chairperson for the duration of their term, or for a period of four years if the Committee member is not subject to a term.

Section 6.02 All officers shall exercise all privileges of membership, including the making of motions, seconding and debate.

Section 6.03 The Chair shall preside at all meetings, shall appoint all ad-hoc committees, and shall ensure that the bylaws, rules and regulations as adopted by the Committee are properly enforced.

Section 6.04 The Vice-chair shall assist the Chair in his/her duties and in the absence of the Chair shall perform all duties usually performed by the Chair.

Section 6.05 In the absence of both the Chair and Vice-Chair, the secretary may call a meeting to order, whereupon a temporary chair shall be elected by a majority vote of the Members of the Commission present at the meeting.

Section 6.06 The Committee Secretary shall be a City staff member, appointed by the Community & Economic and Development Department, to serve as secretary. The Committee Secretary shall keep a record of the minutes of all Committee meetings and such other duties as are usually performed by a secretary.

Article VII. Meetings
Section 7.01 Special meetings shall be called by the Chairperson as necessary.

Section 7.03 All meeting agendas will be posted at Tenth Street Place.

Section 7.04 All meetings shall comply with the requirements of the Ralph M. Brown Act.
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HRLC Bylaws Page 6 of 7 Amended: January 14, 2025
Resolution No. 2025-24
Section 7.05 A quorum is necessary for the Committee to transact any business. A quorum shall be defined as a simple majority of the total number of Committee members which is one-half of the members plus one. Vacancies shall not be counted toward the total number of members for purposes to calculating a quorum.

Article VIII. Order of Proceedings
Section 8.01 Section 2-1.10 “Procedural Rules for Council Meetings” of Title 2 “Administration,” of Chapter 1 “City Council Organization and Procedure” of the Modesto Municipal Code shall be the guide for parliamentary procedures in the conduct of Committee meetings.

Section 8.02 The order of proceedings of all meetings shall be as follows, subject to majority vote of the members present:
(a) Roll Call
(b) Conflict of Interest Declaration
(c) Public Comment Period
(d) Consent Items
(e) Old Business
(f) New Business
(g) Committee Comments & Reports
(h) Matters Too Late for the Agenda
(i) Adjournment
Section 8.03 Members of the public shall not speak unless recognized by the Chairperson. The Chairperson may remove any person who refuses to follow time limits set for public comment, or rules or decisions of the Chairperson.

Article IX. Amendments
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HRLC Bylaws Page 7 of 7 Amended: January 14, 2025
Resolution No. 2025-24
Section 9.01 The Bylaws and any future amendments shall be subject to the final approval of the City Council and shall not and are not intended to go beyond any of the powers and duties given to the Committee by the City Council. #5..
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

January 28, 2025
Date: December 30, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Toby Wells, Director of Engineering Services/City Engineer SUBJECT: Tuolumne River Regional Park Citizens Advisory Committee Appointments CONTACT: Nathan Houx, Parks Planning and Development Manager, [email protected], 209-571-5526
DESCRIPTION:

Consider approving the appointment of Emmanuel Becerra and Jim Bishop as City of Modesto Representatives to the Tuolumne River Regional Park Citizens Advisory Committee (TRRP CAC) through December 31, 2028. (Funding Source: Not Applicable) STRATEGIC PLAN ELEMENT:

This action supports the City’s 2020-2025 Strategic Plan’s Quality of Life Goals and Strategies to invest in beautification efforts and by investing in community assets and amenities.

BACKGROUND:

The primary role of the Tuolumne River Regional Park Citizens Advisory Committee (TRRP CAC) is to act in an advisory capacity to the Tuolumne River Regional Park Joint Powers Agreement (JPA) Commission in matters pertaining to the design, development, enhancement and use of the park. Pursuant to the TRRP CAC Bylaws, the TRRP CAC is a group of residents from the members of the JPA, comprised of five (5) residents of Stanislaus County, three (3) residents of Modesto, and two (2) residents of Ceres. The members are appointed, by their respective jurisdictions, to four-year terms with no limit to the number of terms they may serve.

Section 11021 of the Charter of the City of Modesto authorizes the City Council to appoint members to various Boards and Commissions with the recommendation of the City’s Appointments Committee.

DISCUSSION:

Of the three City of Modesto members of the TRRP CAC, two members’ terms ended on December 31, 2024. In preparation for the vacancies, staff coordinated with the City’s Communication Team to outreach the solicitation of applications for the upcoming vacancies. 1 https://library.municode.com/ca/modesto/codes/code_of_ordinances?nodeId=CHTR_ARTXIAPBOCO_S1102APTE #6..
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City Council, January 28, 2025
Tuolumne River Regional Park Citizens Advisory Committee Appointments

Page 2 of 2 ends

The vacancies were posted on the City’s Instagram account, with the most recent push on November 4, 2024.

During the application process, two applications were received. The two applications that were received were from current TRRP CAC Committee Members, Emmanuel Becerra and Jim Bishop. Per the TRRP CAC Bylaws, there are no term limits for Committee Members, therefore current members are eligible to continue serving on the TRRP CAC.

On April 6, 2021, Council appointed Emmanuel Becerra to fill a vacancy on the TRRP CAC by Resolution No. 2021-097, through December 31, 2024. As an active member in good standing, Mr. Becerra is eligible to be reappointed to the TRRP CAC and has expressed a desire to continue as a member of the TRRP CAC.

On July 14, 2015, Council appointed Jim Bishop to fill a vacancy on the TRRP CAC by Resolution No. 2015-241, through January 1, 2017. Mr. Bishop has been reappointed two additional times to the TRRP CAC: December 13, 2016, by Resolution No. 2016-493, with a term expiration of January 1, 2021, and on April 6, 2021, by Resolution No. 2021-97 with a term expiration of December 31, 2024. As an active member in good standing, Mr. Bishop is eligible to be reappointed to the TRRP CAC and has expressed a desire to continue as a member of the TRRP CAC.

FISCAL IMPACT:

There is no fiscal impact related to this action.

COMMITTEE RECOMMENDATION:

This item was reviewed by the Appointments Committee on December 4, 2024, and the Committee recommended forwarding the item to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the appointment of Emmanuel Becerra and Jim Bishop as City of Modesto Representatives to the Tuolumne River Regional Park Citizens Advisory Committee (TRRP CAC) through December 31, 2028.

Approved by:

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

1. Resolution

2. TRRP CAC Bylaws

3. TRRP CAC Applications
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01/28/2025/PRN/NHoux/Item XX 1 2025-XXX

MODESTO CITY COUNCIL
RESOLUTION NO. 2025-

RESOLUTION APPROVING THE APPOINTMENT OF EMMANUEL

BECERRA AND JIM BISHOP AS CITY OF MODESTO REPRESENTATIVES

TO THE TUOLUMNE RIVER REGIONAL PARK CITIZENS ADVISORY
COMMITTEE (TRRP CAC) THROUGH DECEMBER 31, 2028
WHEREAS, the primary role of the Tuolumne River Regional Park Citizens Advisory Committee (TRRP CAC) is to act in an advisory capacity to the Tuolumne River Regional Park Joint Powers Agreement (JPA) Commission in matters pertaining to the design, development, enhancement and use of the park; and
WHEREAS, the Citizens Advisory Committee is a group of residents and registered voters from the members of the JPA, comprised of five (5) residents of Stanislaus County, three (3) residents of Modesto; and two (2) residents of Ceres; and WHEREAS, the members are appointed, by their respective jurisdictions, to four-year terms with no limit to the number of terms they may serve; and WHEREAS, Section 1102 of the Charter of the City of Modesto authorizes the City Council to appoint members to various Boards and Commissions with the recommendation of the City’s Appointments Committee; and
WHEREAS, of the three (3) City of Modesto members of the TRRP CAC, two (2) members’ terms ended on December 31, 2024, and in preparation for the vacancies, staff coordinated with the City’s Communication Team to outreach the solicitation of applications; and
WHEREAS, two applications were received, which were from the current TRRP CAC Members Emmanuel Becerra and Jim Bishop; and
WHEREAS, per the TRRP CAC Bylaws, there are no term limits for Committee Members, therefore current members are eligible to continue serving on the TRRP CAC, and #6..
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01/28/2025//PRN/NHoux/Item XX 2 2025-XX
WHEREAS, on April 6, 2021, Council appointed Emmanuel Becerra to fill a vacancy on the TRRP CAC by Resolution No. 2021-097, through December 31, 2024; and WHEREAS, during Mr. Becerra’s time with the TRRP CAC, he has been an active member in good standing, and has expressed a desire to continue as a member of the TRRP CAC; and
WHEREAS, on July 14, 2015, Council appointed Jim Bishop to fill a vacancy on the TRRP CAC by Resolution No. 2015-241, through January 1, 2017; and WHEREAS, Mr. Bishop has been reappointed two (2) additional times to the TRRP CAC: December 13, 2016, by Resolution No. 2016-493, with a term expiration of January 1, 2021, and on April 6, 2021, by Resolution No. 2021-97 with a term expiration of December 31, 2024; and
WHEREAS, during Mr. Bishop’s time with the TRRP CAC, he has been an active member in good standing, and has expressed a desire to continue as a member of the TRRP CAC; and
WHEREAS, the Appointments Committee met on December 4, 2024, and recommended the reappointment of Emmanuel Becerra and Jim Bishop to the TRRP CAC.

NOW, THEREFORE BE IT RESOLVED, by the Council of the City of Modesto that it hereby appoints Emmanuel Becerra and Jim Bishop to the Tuolumne River Regional Park Citizens Advisory Committee (TRRP CAC) through December 31, 2028. #6..
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01/28/2025//PRN/NHoux/Item XX 3 2025-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 28th day of January, 2025, by Councilmember , who moved its adoption, which motion being duly seconded by Councilmember , was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: ________________________________

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

BY: _____________________________________
JOSE M. SANCHEZ, City Attorney
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TUOLUMNE RIVER REGIONAL PARK

CITIZENS ADVISORY COMMITTEE

PURPOSE OF COMMITTEE
The Citizens Advisory Committee is to be a support group of interested people appointed from Stanislaus County and the Cities of Ceres and Modesto to research and develop ideas and programs for providing a flow of income to the park through the following means:

1. Through government support, grants, use policies and/or fees.

2. Developing ideas for completing the park general plan through joint ventures with private entrepreneurs and/or concessionaires.

3. Promoting the park to various business, corporations and clubs by encouraging them to participate in the actual development of the remaining portions of the master plan and the park.

The primary role of the Tuolumne River Regional Park Citizens Advisory Committee is to act in an advisory capacity to the Tuolumne River Regional Park Commission in matters pertaining to the design, development, enhancement and use of the Park. #6..
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TUOLUMNE RIVER REGIONAL PARK

CITIZENS ADVISORY COMMITTEE

GUIDELINES

1. MEMBERSHIP QUALIFICATIONS
a. The Committee shall consist of ten members: five from Stanislaus County, three from the City of Modesto, and two from the City of Ceres. b. Members shall be appointed or removed by resolution of the County Board of Supervisors, City of Modesto City Council, or City of Ceres City Council, respectively.
c. No member shall be a paid City or County employee.
d. Each member must be a registered voter. In the case of County representatives, must be a registered voter in the District represented.

2. TERM OF COMMITTEE MEMBERS
a. Members will be appointed for four-year terms.
b. There will be no limit to the number of terms.

3. OFFICERS
a. Officers will include:
1) Chair
2) Vice Chair
b. Officers will serve a one-year term.
c. Officers will be selected by a simple majority vote of the Tuolumne River Regional Park Citizens Advisory Committee.
d. There will be no limit to the number of reappointments. e. The Nominating Committee will be appointed by the Chair no later than the regular business meeting in November.
f. The Nominating Committee will present their recommendations to the full Committee at their regular business meeting in January. g. Officers will be elected at the regular business meeting in January. h. Newly elected officers will assume their responsibilities at the regular business meeting in February.
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Tuolumne River Regional Park Citizens Advisory Committee Guidelines, cont'd.

4. REGULAR MEETINGS OF THE COMMITTEE
a. Regular meetings of the Committee will occur on the second Wednesday of each month. Meetings shall be held at 12:15 p.m. at a location designated by the Chair. b. Special meetings may be called by the Chair or Vice Chair as necessary, with the date, time and location to be determined by the Chair.
c. A quorum shall consist of a simple majority of the appointed members of the Committee.

5. ATTENDANCE
a. If a member is absent from three (3) consecutive regular business meetings, the Chairperson may recommend to the Tuolumne River Regional Park Citizens Advisory Committee to request removal and replacement of the member. b. The Chairperson may excuse members from regular meetings. Excused absences will be noted in the minutes at a regular meeting.
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1/14/2025 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, January 14, 2025 at 5:30 PM
Roll Call – Present: Councilmembers Alvarez, Bavaro, Ricci, Williams, Wright, Mayor Zwahlen

Absent: Escutia-Braaton
Pledge of Allegiance to the Flag
Invocation: Fr Brian Dawson, St. Paul's Episcopal
City Clerk’s Announcements: None
Declaration of Conflicts of Interest: None

MISCELLANEOUS

1. Consider accepting the resignation of Tom Hallinan from the Measure H Oversight Board. (Funding Source: Not Applicable)
Staff Recommendation:
 Resolution accepting the resignation of Tom Hallinan from the Measure H Oversight Board.

BUDGET; Steve Christensen, 209-577-5390, [email protected] ACTION: (Wright/Williams; 6/0) Resolution 2025-001 accepting the resignation of Tom Hallinan from the Measure H Oversight Board.
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1/14/2025 5:30:00 PM

2. Consider accepting the resignation of Damon Robbins from the Visit Modesto Board of Directors and appointing Brad Morad to fill the partial unexpired term ending December 31, 2025, followed by a full term from January 1, 2026, to December 31, 2029. (Funding Source: Not Applicable)
Staff Recommendation:
 Resolution accepting the resignation of Damon Robbins from the Visit Modesto Board of Directors and appointing Brad Morad to fill the partial unexpired term ending December 31, 2025, followed by a full term from January 1, 2026, to December 31, 2029.

CED; Sean Rando, 209-577-5473, [email protected]
ACTION: (Williams/Wright; 6/0) Resolution 2025-002 accepting the resignation of Damon Robbins from the Visit Modesto Board of Directors and appointing Brad Morad to fill the partial unexpired term ending December 31, 2025, followed by a full term from January 1, 2026, to December 31, 2029.

3. Consider accepting the resignation of Matthew Holbrook from the Citizens’ Transportation Sales Tax Commission. (Funding Source: Not Applicable) Staff Recommendation:
 Resolution accepting the resignation of Matthew Holbrook from the Citizens’ Transportation Sales Tax Commission.

ENGINEERING SERVICES; Toby Wells, 209-571-5542, [email protected] ACTION: (Ricci/Wright; 6/0) Resolution 2025-003 accepting the resignation of Matthew Holbrook from the Citizens’ Transportation Sales Tax Commission.

4. Consider accepting the resignation of James McKay from the Airport Advisory Committee. (Funding Source: Not Applicable)
Staff Recommendation:
 Resolution accepting the resignation of James McKay from the Airport Advisory Committee.

PUBLIC WORKS; Marisol Navarro, 209-577-5319, [email protected] ACTION: (Williams/Wright; 6/0) Resolution 2025-004 accepting the resignation of James McKay from the Airport Advisory Committee.

5. Consider approving the appointment of Hans Hauselmann to the City of Modesto Planning Commission with a partial term expiring December 31, 2025, appointment of Naramsen Goriel and Michael Arroyo to the City of Modesto Planning Commission with terms ending December 31, 2028, and reappointment of Planning Commissioner Erin Black to the City of Modesto Planning Commission with a term expiring December 31, 2028. (Funding Source: Not Applicable)
Staff Recommendation:
 Resolution appointing Hans Hauselmann to the City of Modesto Planning Commission with a partial term expiring December 31, 2025. #7..
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1/14/2025 5:30:00 PM
 Resolution appointing Naramsen Goriel to the City of Modesto Planning Commission with a term expiring December 31, 2028.
 Resolution appointing Michael Arroyo to the City of Modesto Planning Commission with a term expiring December 31, 2028.
 Resolution reappointing Planning Commissioner Erin Black to the City of Modesto Planning Commission with a term expiring December 31, 2028.

CED; Jessica Hill, 209-577-5267, [email protected]
ACTION: (Wright/Bavaro; 6/0) Resolution 2025-005 appointing Hans Hauselmann to the City of Modesto Planning Commission with a partial term expiring December 31, 2025.

ACTION: (Wright/Bavaro; 6/0) Resolution 2025-006 appointing Naramsen Goriel to the City of Modesto Planning Commission with a term expiring December 31, 2028.

ACTION: (Wright/Bavaro; 6/0) Resolution 2025-007 appointing Michael Arroyo to the City of Modesto Planning Commission with a term expiring December 31, 2028.

ACTION: (Wright/Bavaro; 6/0) Resolution 2025-008 reappointing Planning Commissioner Erin Black to the City of Modesto Planning Commission with a term expiring December 31, 2028.

6. Consider approving the reappointment of Mark Niskanen and Minal Desai to the City of Modesto Board of Zoning Adjustment with a term expiring December 31, 2028. (Funding Source: Not Applicable)
Staff Recommendation:
 Resolution reappointing Mark Niskanen to the City of Modesto Board of Zoning Adjustment with a second term expiring December 31, 2028.  Resolution reappointing Minal Desai to the City of Modesto Board of Zoning Adjustment with a second term expiring December 31, 2028.

CED; Jessica Hill, 209-577-5267, [email protected]
ACTION: (Zwahlen/Ricci; 6/0) Resolution 2025-009 reappointing Mark Niskanen to the City of Modesto Board of Zoning Adjustment with a second term expiring December 31, 2028.

ACTION: (Zwahlen/Ricci; 6/0) Resolution 2025-010 reappointing Minal Desai to the City of Modesto Board of Zoning Adjustment with a second term expiring December 31, 2028.

7. Consider approving the reappointment of Harrison Power and appointing Brinder Singh to the City of Modesto Landmark Preservation Commission with terms expiring December 31, 2028. (Funding Source: Not Applicable)
Staff Recommendation:
 Resolution reappointing Harrison Power to the City of Modesto Landmark Preservation Commission with a second term expiring December 31, 2028. #7..
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1/14/2025 5:30:00 PM
 Resolution appointing Brinder Singh to the City of Modesto Landmark Preservation Commission with a term expiring December 31, 2028.

CED; Jessica Hill, 209-577-5267, [email protected]
ACTION: (Ricci/Alvarez; 6/0) Resolution 2025-011 reappointing Harrison Power to the City of Modesto Landmark Preservation Commission with a second term expiring December 31, 2028.

ACTION: (Ricci/Alvarez; 6/0) Resolution 2025-012 appointing Brinder Singh to the City of Modesto Landmark Preservation Commission with a term expiring December 31, 2028.

8. Consider approving the appointment of Monica Soria to the Disabled Access Appeals Board with a term expiring December 31, 2025, the appointment of Christine Stewart and David Townsend to the Disabled Access Appeals Board with terms expiring December 31, 2026, and the appointment of David Harter, and Terry Moffatt to the Disabled Access Appeals Board with terms expiring December 31, 2028. (Funding Source: Not Applicable)
Staff Recommendation:
 Resolution approving the appointment of Monica Soria to the Disabled Access Appeals Board with a term expiration of December 31, 2025.  Resolution approving the appointment of Christine Stewart to the Disabled Access Appeals Board with a term expiration of December 31, 2026.  Resolution approving the appointment of David Townsend to the Disabled Access Appeals Board with a term expiration of December 31, 2026.  Resolution approving the appointment of David Harter to the Disabled Access Appeals Board with a term expiration of December 31, 2028.  Resolution approving the appointment of Terry Moffatt to the Disabled Access Appeals Board with a term expiration of December 31, 2028.

CED; Oscar Diaz, 209-571-5885, [email protected]
ACTION: (Williams/Alvarez; 6/0) Resolution 2025-013 approving the appointment of Monica Soria to the Disabled Access Appeals Board with a term expiration of December 31, 2025.

ACTION: (Williams/Alvarez; 6/0) Resolution 2025-014 approving the appointment of Christine Stewart to the Disabled Access Appeals Board with a term expiration of December 31, 2026.

ACTION: (Williams/Alvarez; 6/0) Resolution 2025-015 approving the appointment of David Townsend to the Disabled Access Appeals Board with a term expiration of December 31, 2026.

ACTION: (Williams/Alvarez; 6/0) Resolution 2025-016 approving the appointment of David Harter to the Disabled Access Appeals Board with a term expiration of December 31, 2028.
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1/14/2025 5:30:00 PM
ACTION: (Williams/Alvarez; 6/0) Resolution 2025-017 approving the appointment of Terry Moffatt to the Disabled Access Appeals Board with a term expiration of December 31, 2028.

9. Consider approving the appointment of Dr. Tony Sillemon, Jennifer Anne (Rally) Aoyama, Ricardo R. Ortiz, Dr. Bianca Agassi, and Elizabeth Buenrostro, to the City of Modesto Entertainment Commission with terms from January 1, 2025, to December 31, 2028. (Funding Source: Not Applicable)
Staff Recommendation:
 Resolution appointing Dr. Tony Sillemon, Jennifer Anne (Rally) Aoyama, Ricardo R. Ortiz, Dr. Bianca Agassi, and Elizabeth Buenrostro, to the City of Modesto Entertainment Commission with terms from January 1, 2025, to December 31, 2028.

CED; Trevin Barber, 209-860-1251, [email protected] ACTION: (Wright/Zwahlen; 6/0) Resolution 2025-018 appointing Dr. Tony Sillemon, Jennifer Anne (Rally) Aoyama, Ricardo R. Ortiz, Dr. Bianca Agassi, and Elizabeth Buenrostro, to the City of Modesto Entertainment Commission with terms from January 1, 2025, to December 31, 2028.

10. Consider approving the appointment of Rajmeet Grewal as the Planning Commission Representative to the Board of Zoning Adjustment (BZA) for 2025, with a term expiration of December 31, 2025. (Funding Source: Not Applicable) Staff Recommendation:
 Resolution appointing Rajmeet Grewal to the Board of Zoning Adjustment as a Planning Commission Representative for 2025, with a term expiration of December 31, 2025.

CED; Tristan Osborn, 209-577-5267, [email protected] ACTION: (Wright/Ricci; 6/0) Resolution 2025-019 appointing Rajmeet Grewal to the Board of Zoning Adjustment as a Planning Commission Representative for 2025, with a term expiration of December 31, 2025.

11. Consider approving the appointment of Cecil Russell as the Planning Commission Representative to the Citizens Housing and Community Development Committee for 2025, with a term expiration of December 31, 2025. (Funding Source: Not Applicable) Staff Recommendation:
 Resolution appointing Cecil Russell to the Citizen’s Housing and Community Development Committee as a Planning Commission Representative for 2025, with a term expiration of December 31, 2025.

CED; Tristan Osborn, 209-577-5267, [email protected] ACTION: (Wright/Bavaro; 4/2; Alvarez, Ricci Noes) Resolution 2025-020 appointing Cecil Russell to the Citizen’s Housing and Community Development #7..
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Committee as a Planning Commission Representative for 2025, with a term expiration of December 31, 2025.

12. Consider approving the appointment of Jim Spelman as a Member-At-Large for a fouryear term from January 1, 2025, to December 31, 2028, on the City of Modesto Golf Courses Advisory Committee. (Funding Source: Not Applicable) Staff Recommendation:
 Resolution appointing Jim Spelman as a Member-At-Large for a four-year term from January 1, 2025, to December 31, 2028, on the City of Modesto Golf Courses Advisory Committee.

PRN; Jessica Franco, 209-577-5278, [email protected] ACTION: (Alvarez/Williams; 6/0) Resolution 2025-021 appointing Jim Spelman as a Member-At-Large for a four-year term from January 1, 2025, to December 31, 2028, on the City of Modesto Golf Courses Advisory Committee.

PUBLIC COMMENT IN PERSON
 Danielle Morgart, from Assemblyman Juan Alanis's office, shared a legislative update.

Assemblyman Alanis introduced AB 16, requiring early counting of election ballots, and AB 17, mandating public access to precinct maps. He coauthored AB 38, proposing to make the rape of developmentally disabled individuals a felony. Assemblyman Alanis was also appointed Vice Chair of the Public Safety and AG Committees.  Samuei Tavake raised concerns about a local individual who has not registered as a sex offender as required by AB 218. He also requested authorities investigate the circumstances of this individual’s mother’s death, which he believes may involve foul play. He plans to escalate the issues to the District Attorney if no action is taken.  Kevin McClarty addressed the feasibility of airline service at the Modesto airport. He highlighted several aircraft models, such as the ERJ 135, ATR 42, and Airbus 2200-100, capable of operating within the airport's existing 5,500-ft runway. McClarty emphasized that Modesto could attract airlines using these aircraft without requiring airfield expansion or significant expenditures.
 Michael Arroyo expressed gratitude for his appointment to Modesto's Planning Commission, emphasizing the personal significance of serving his lifelong community.

He pledged to fulfill his responsibilities to the best of his ability and looks forward to collaborating with city staff and officials.
 A community member recognized Rebecca Harrington, who recently passed away, for her contributions to the lowrider community and efforts to celebrate Hispanic culture and heritage. She was acknowledged for her helpfulness and support during efforts to lift the lowrider ban in Modesto.
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 David Thompson, a Modesto resident for 33 years, shared his gratitude for his appointment to the Disabilities Board. He expressed his intention to learn, participate, and be a valuable asset in his new role.

CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS: (13-25; Wright/Ricci; 6/0)

CONSENT
Consent

13. Consider approving the minutes for the December 10, 2024 Council Meeting. (Funding Source: Not Applicable)
 Motion approving the minutes for the December 10, 2024 Council Meeting.

CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Ricci; 6/0) Motion approving the minutes for the December 10, 2024 Council Meeting.

Consent

14. Consider approving acceptance of applications for the future development of Comprehensive Planning Districts referred to as Kiernan Business Park, Kiernan/McHenry, Kiernan/Carver Corridor, College West, Hetch-Hetchy Comprehensive Planning District Regional Commercial, and Hetch-Hetchy Comprehensive Planning District Village Residential. (Funding Source: Not Applicable)
 Resolution approving acceptance of applications for the future development of Comprehensive Planning Districts referred to as Kiernan Business Park, Kiernan/McHenry, Kiernan/Carver Corridor, College West, Hetch-Hetchy Comprehensive Planning District Regional Commercial, and Hetch-Hetchy Comprehensive Planning District Village Residential.

CED; Sean Rando, 209-577-5473, [email protected]
ACTION: (Wright/Ricci; 6/0) Resolution 2025-022 approving acceptance of applications for the future development of Comprehensive Planning Districts referred to as Kiernan Business Park, Kiernan/McHenry, Kiernan/Carver Corridor, College West, Hetch-Hetchy Comprehensive Planning District Regional Commercial, and Hetch-Hetchy Comprehensive Planning District Village Residential.

Consent

15. Consider approving the amended Bylaws for the Citizen Housing and Community Development Committee and the Housing Rehabilitation Loan Committee. (Funding Source: Not Applicable)
 Resolution approving the amended Bylaws for the Citizen Housing and Community Development Committee.
 Resolution approving the amended Bylaws for the Housing Rehabilitation Loan Committee.
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CED; Edgar Garcia, 209-577-5211, [email protected] ACTION: (Wright/Ricci; 6/0) Resolution 2025-023 approving the amended Bylaws for the Citizen Housing and Community Development Committee.

ACTION: (Wright/Ricci; 6/0) Resolution 2025-024 approving the amended Bylaws for the Housing Rehabilitation Loan Committee.

Consent

16. Consider accepting the Monthly Investment Report for October 2024. (Funding Source: Various Funds)
 Motion accepting the Monthly Investment Report for October 2024.

FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
ACTION: (Wright/Ricci; 6/0) Motion accepting the Monthly Investment Report for October 2024.

Consent

17. Consider approving an Agreement with the State of California, Office of Emergency Services to temporarily house and maintain a Type 6 Fire Engine and its associated equipment (Funding Source: General Fund)
 Resolution approving an Agreement with the State of California, Office of Emergency Services to temporarily house and maintain a Type 6 Fire Engine and its associated equipment, and authorizing the City Manager, or his designee, to execute the Agreement.

FIRE DEPARTMENT; Kevin Wise, 209-572-9590, [email protected] ACTION: (Wright/Ricci; 6/0) Resolution 2025-025 approving an Agreement with the State of California, Office of Emergency Services to temporarily house and maintain a Type 6 Fire Engine and its associated equipment, and authorizing the City Manager, or his designee, to execute the Agreement.

Consent

18. Consider approving an Agreement with Employers Choice Screening (ECS), Santa Fe Springs, CA to conduct Pre-Employment Background Checks for an amount not to exceed $125,000 over five years. (Funding Source: Various Funds)  Resolution approving an Agreement with Employers Choice Screening (ECS), Santa Fe Springs, CA to conduct Pre-Employment Background Checks for a three-year Agreement with two one-year extension options, for an estimated annual amount of $25,000 and total amount not to exceed $125,000 over five years and authorizing the City Manager or his designee to execute this Agreement.

HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] #7..
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ACTION: (Wright/Ricci; 6/0) Resolution 2025-026 approving an Agreement with Employers Choice Screening (ECS), Santa Fe Springs, CA to conduct PreEmployment Background Checks for a three-year Agreement with two one-year extension options, for an estimated annual amount of $25,000 and total amount not to exceed $125,000 over five years and authorizing the City Manager or his designee to execute this Agreement.

Consent

19. Consider approving an Agreement with Alliant Insurance Services Inc., Irvine CA as broker of record for Employee Benefit Plans for an amount not to exceed $490,000 over five years. (Funding Source: Various Funds)
 Resolution approving a Sole Source Agreement with Alliant Insurance Services, Inc., Irvine CA as the broker of record for Employee Benefit Plans for a three-year Agreement with two one-year extension options, for an annual estimated amount of $98,000, and a total amount not to exceed $490,000 over five years and authorizing the City Manager or his designee to execute this Agreement.

HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] ACTION: (Wright/Ricci; 6/0) Resolution 2025-027 approving a Sole Source Agreement with Alliant Insurance Services, Inc., Irvine CA as the broker of record for Employee Benefit Plans for a three-year Agreement with two one-year extension options, for an annual estimated amount of $98,000, and a total amount not to exceed $490,000 over five years and authorizing the City Manager or his designee to execute this Agreement.

Consent

20. Consider approving an Agreement with University of Massachusetts (UMass) Global for an Employee Leadership Development Program in a total amount not to exceed $295,000 over five years. (Funding Source: Various Sources)  Resolution approving an Agreement with UMass Global for an Employee Leadership Developmental Program for a two-year Agreement with three oneyear extension options, for an annual estimated amount of $59,000 and a total amount not to exceed $295,000 over five years and authorizing the City Manager or his designee to execute this Agreement.

HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] ACTION: (Wright/Ricci; 6/0) Resolution 2025-028 approving an Agreement with UMass Global for an Employee Leadership Developmental Program for a two-year Agreement with three one-year extension options, for an annual estimated amount of $59,000 and a total amount not to exceed $295,000 over five years and authorizing the City Manager or his designee to execute this Agreement.

Consent
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21. Consider approving a Lease Agreement with William Brent Burnside, dba Burnside Management Team, Modesto, CA, for use of Fenced Parking Lot for a total amount not to exceed $188,016 over four years. (Funding Source: General Fund)  Resolution approving the Lease Agreement with William Brent Burnside, dba Burnside Management Team, Modesto, CA, for use of Fenced Parking Lot for a four-year Agreement, for an annual estimated amount of $47,004, and a total amount not to exceed $188,016 over four years; and authorizing the City Manager, or his designee, to execute the Agreement.

POLICE DEPARTMENT; Jessica Smart, 209-572-9500, [email protected] ACTION: (Wright/Ricci; 6/0) Resolution 2025-029 approving the Lease Agreement with William Brent Burnside, dba Burnside Management Team, Modesto, CA, for use of Fenced Parking Lot for a four-year Agreement, for an annual estimated amount of $47,004, and a total amount not to exceed $188,016 over four years; and authorizing the City Manager, or his designee, to execute the Agreement.

Consent

22. Consider an Ordinance amending Municipal Code Section 3-2.1401.1 to determine and designate speed limit changes. (Funding Source: Police Department Fund 1600)  Motion introducing and waiving the first reading of an Ordinance amending Section 3-2.1401.1 of Article 14 of Chapter 2 of Title 3 of the Modesto Municipal Code relating to speed limits.

PUBLIC WORKS; Max Navarro, 209-571-5116, [email protected] ACTION: (Wright/Ricci; 6/0) Motion introducing and waiving the first reading of an Ordinance amending Section 3-2.1401.1 of Article 14 of Chapter 2 of Title 3 of the Modesto Municipal Code relating to speed limits.

Consent

23. Consider approving a Grant of Permanent Easement to Modesto Irrigation District associated with existing irrigation facilities within a 5-foot-wide uniform strip of APN 084-002-046, and consenting to the recordation thereof. (Funding Source: Water Fund)  Resolution approving a Grant of Permanent Easement to Modesto Irrigation District to cover existing irrigation facilities within a 5-foot-wide uniform strip of APN 084-002-046 and consenting to the recordation thereof.

UTILITIES; Edgar Vargas, 209-577-5424, [email protected] ACTION: (Wright/Ricci; 6/0) Resolution 2025-030 approving a Grant of Permanent Easement to Modesto Irrigation District to cover existing irrigation facilities within a 5-foot-wide uniform strip of APN 084-002-046 and consenting to the recordation thereof.

Consent

24. Consider approving a Final Initial Study/Mitigated Negative Declaration for the Municipal Groundwater Improvement Project in accordance with the California Environmental Quality Act. (Funding Source: Water Fund) #7..
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 Resolution approving a Final Initial Study/Mitigated Negative Declaration for the Municipal Groundwater Improvement Project in accordance with the California Environmental Quality Act.

UTILITIES; Jim Alves, 209-571-5557, [email protected] ACTION: (Wright/Ricci; 6/0) Resolution 2025-031 approving a Final Initial Study/Mitigated Negative Declaration for the Municipal Groundwater Improvement Project in accordance with the California Environmental Quality Act.

Consent

25. Consider approving the Stanislaus and Tuolumne Rivers Groundwater Basin Association Groundwater Sustainability Agency 2025 Memorandum of Understanding for undertaking groundwater sustainability planning, reporting, studies, mutual aid and support services within the Modesto Sub-basin. (Funding Source: Water Fund)  Resolution approving the 2025 Memorandum of Understanding with the Stanislaus and Tuolumne Rivers Groundwater Basin Association Groundwater Sustainability Agency for undertaking groundwater sustainability planning, reporting, studies, mutual aid and support services within the Modesto Subbasin and authorizing the City Manager, or his designee, to execute the Memorandum of Understanding.
 Resolution approving an Amendment to the Fiscal Year 2024-25 Operating Budget in the amount of $150,000 from Water Fund Reserves to fund the City of Modesto’s share of the Stanislaus and Tuolumne Rivers Groundwater Basin Association Groundwater Sustainability Agency’s activities within the Modesto Sub-basin.

UTILITIES; Tim Barahona, 209-577-5485, [email protected] ACTION: (Wright/Ricci; 6/0) Resolution 2025-032 approving the 2025 Memorandum of Understanding with the Stanislaus and Tuolumne Rivers Groundwater Basin Association Groundwater Sustainability Agency for undertaking groundwater sustainability planning, reporting, studies, mutual aid and support services within the Modesto Sub-basin and authorizing the City Manager, or his designee, to execute the Memorandum of Understanding.

ACTION: (Wright/Ricci; 6/0) Resolution 2025-033 approving an Amendment to the Fiscal Year 2024-25 Operating Budget in the amount of $150,000 from Water Fund Reserves to fund the City of Modesto’s share of the Stanislaus and Tuolumne Rivers Groundwater Basin Association Groundwater Sustainability Agency’s activities within the Modesto Sub-basin.

COUNCIL COMMENTS & REPORTS
Councilmember Williams acknowledged the New Year and expressed hope for a prosperous 2025. He mentioned Modesto's support for Los Angeles fire victims and the deployment of local firefighters to assist. He also highlighted the recognition of various individuals: former Mayor Garrett Marsh as Veteran of the Year, Cristina from the #7..
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Modesto Police Department as Hero of the Year, Lou Friedman as Citizen of the Year, and Curtis for the Legionnaire Award. Lastly, Williams paid tribute to Rebecca Harrington for her contributions to the community.

Councilmember Wright thanked the Church of the Brethren for remodeling its facilities and opening 17 units to assist unhoused families in transitioning back to society and work. He acknowledged their significant contributions to the community and expressed appreciation for their efforts.

Councilmember Ricci acknowledged the Modesto Fire Department's efforts in providing mutual aid for the Los Angeles fires and commended Chief Wise for facilitating this support. He also suggested exploring new sports teams and activities following the Modesto Nuts' departure in 2025 to enhance the city's culture. Lastly, he praised the Modesto Police Department for their work in improving traffic safety and encouraged continued enforcement to reduce accidents and injuries.

Mayor Zwahlen shared her positive experiences meeting with Girl Scouts, touring Howard Prep, and praising the Parks and Recreation Department. She mentioned feedback from a community member about the busy parks, new equipment, and clean restrooms, highlighting the department’s successful efforts in maintaining park facilities.

CITY MANAGER COMMENTS & REPORTS
None.

MATTERS TOO LATE FOR THE AGENDA
None.

ADJOURNMENT
This meeting adjourned at 6:13 p.m.

Attest:____________________________
Diane Nayares-Perez, City Clerk
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- 1 - ORDINANCE NO. 3789-C.S.

EFFECTIVE DATE: February 27, 2025
ORDINANCE NO. 3789-C.S.

ORDINANCE AMENDING SECTION 3-2.1401.1 OF
ARTICLE 14 OF CHAPTER 2 OF TITLE 3 OF THE

MODESTO MUNICIPAL CODE RELATING TO SPEED
LIMITS
The Council of the City of Modesto does ordain as follows:

SECTION 1. AMENDMENT OF CODE. Section3-2.1401.1 of the Modesto Municipal Code is amended to read as follows:
3-2.1401.1. CHANGE IN SPEED LIMITS SET BY STATE LAW: FOR

PURPOSE OF ENFORCEMENT USING RADAR OR OTHER
ELECTRONIC DEVICE.

By authority of, and upon the basis of engineering and traffic surveys conducted pursuant to Vehicle Code and the Traffic Manual of the Department of Transportation, it is determined that the prima facie speed limits which follow would facilitate the orderly movement of vehicular traffic and would be reasonable and safe.

NAME OF STREET OR DECLARED PRIMA DATE

PORTION AFFECTED FACIE SPEED LIMIT SURVEYED
BANGS AVENUE, between Dale
Road and McHenry Avenue *ES10 45 miles per hour February 1, 2012 BLUE GUM AVENUE, between
Morse Road and Carpenter Road *ES7 40 miles per hour December 27, 2019 BRIGGSMORE AVENUE, between
Claus Road and Santa Fe Railroad
Tracks *ES10 45 miles per hour December 22, 2011
BRIGGSMORE AVENUE, between
Coffee Road and Oakdale Road 50 miles per hour September 18, 2024 #8..
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- 2 - ORDINANCE NO. 3789-C.S.

EFFECTIVE DATE: February 27, 2025

BRIGGSMORE AVENUE,
between McHenry Avenue and
Coffee Road 45 miles per hour September 18, 2024

BRIGGSMORE AVENUE,
Between Oakdale Road and
Claus Road 50 miles per hour September 18, 2024
BRIGGSMORE AVENUE, between
Prescott Road and Tully Road 45 miles per hour September 18, 2024 BRIGGSMORE AVENUE, between
Tully Road and McHenry Avenue 45 miles per hour September 18, 2024 BRIGHTON AVENUE, between
Coffee Road and Locke Road *ES10 30 miles per hour May 8, 2013 CALIFORNIA AVENUE, between
Carpenter Road and Martin
Luther King Drive *ES10 30 miles per hour January 17, 2013 CARPENTER ROAD, between Blue
Gum Avenue and Woodland
Avenue *ES7 40 miles per hour December 27, 2019
CARPENTER ROAD, between
Woodland Avenue and Maze
Boulevard 40 miles per hour September 18, 2024
CARPENTER ROAD, between Maze
Boulevard and Paradise Road *ES7 50 miles per hour December 20, 2019 CARVER ROAD, between Bangs
Avenue and Pelandale Avenue *ES10 35 miles per hour December 22, 2011 CARVER ROAD, between Pelandale
Avenue and Brixton Lane 30 miles per hour September 18, 2024 CARVER ROAD, between Brixton
Lane and Briggsmore Avenue *ES10 30 miles per hour December 28, 2011 CARVER ROAD, between
Briggsmore Avenue and
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- 3 - ORDINANCE NO. 3789-C.S.

EFFECTIVE DATE: February 27, 2025
Orangeburg Avenue 25 miles per hour September 18, 2024
CARVER ROAD, between Orangeburg
Avenue and 9th Street *ES10 30 miles per hour December 28, 2011 CELESTE DRIVE, between Coffee
Road and Oakdale Road *ES10 30 miles per hour May 8, 2013 CLARATINA AVENUE, between
Coffee Road and Oakdale Road 55 miles per hour August 6, 2018 CLAUS ROAD, between Sylvan
Avenue and Briggsmore Avenue 50 miles per hour January 26, 2012 *ES10
CLAUS ROAD, between Briggsmore
Avenue and Scenic Drive *ES7 45 miles per hour December 19, 2019 CLAUS ROAD, between Scenic Drive
and Yosemite Boulevard 50 miles per hour September 18, 2024 COFFEE ROAD, between Claratina
Avenue and Sylvan Avenue 40 miles per hour August 6, 2018 COFFEE ROAD, between Sylvan
Avenue and Floyd Avenue *ES7 40 miles per hour December 20, 2019 COFFEE ROAD, between Floyd
Avenue and Briggsmore Avenue 40 miles per hour December 20, 2019 *ES7
COFFEE ROAD, between Briggsmore
Avenue and Scenic Drive *ES7 40 miles per hour December 20, 2019 COLLEGE AVENUE, between
Rumble Road and Bowen Avenue 30 miles per hour December 20, 2019 *ES7
COLLEGE AVENUE, between Bowen
Avenue and Princeton Avenue *ES10 35 miles per hour September 29, 2015 #8..
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- 4 - ORDINANCE NO. 3789-C.S.

EFFECTIVE DATE: February 27, 2025
COLLEGE AVENUE, between
Princeton Avenue and Needham
Avenue *ES10 25 miles per hour September 29, 2015
CREEKWOOD DRIVE, between
Claus Road and Yosemite
Boulevard *ES7 35 miles per hour December 27, 2019
CROWS LANDING ROAD, between
7th Street and Hatch Road *ES10 35 miles per hour May 8, 2013 CROWS LANDING ROAD, between
Hatch Road and Whitmore Avenue 40 miles per hour December 20, 2019 *ES7
DALE ROAD, northbound and
southbound, between Bangs
Avenue and Kiernan Avenue*ES10 40 miles per hour December 20, 2011 DALE ROAD, between Bangs
Avenue and Snyder Avenue*ES10 35 miles per hour February 1, 2012 DALE ROAD, between Snyder
Avenue and Veneman Avenue 35 miles per hour September 18, 2024 DALE ROAD, between Veneman
Avenue and Standiford Avenue*ES10 30 miles per hour February 1, 2012 EASTRIDGE DRIVE, between
Orangeburg Avenue and Scenic
Drive *ES7 30 miles per hour December 29, 2019
EL VISTA AVENUE, between Scenic
Drive and Yosemite Boulevard 40 miles per hour September 18, 2025 EMERALD AVENUE, between Maze
Boulevard and California Avenue 35 miles per hour December 20, 2019 *ES7
EVERGREEN AVENUE, between
Orangeburg Avenue and
Carver Road *ES10 30 miles per hour February 22, 2012
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- 5 - ORDINANCE NO. 3789-C.S.

EFFECTIVE DATE: February 27, 2025
FINE AVENUE, between
Hillglen Avenue and Merle Avenue 30 miles per hour May 8, 2013 *ES10
FLOYD AVENUE, between Coffee
Road and Oakdale Road*ES10 30 miles per hour February 23, 2012 FLOYD AVENUE, between McHenry
Avenue and Coffee Road*ES10 30 miles per hour February 24, 2012 FLOYD AVENUE, eastbound
and westbound, between Oakdale
Road and Roselle Avenue 35 miles per hour September 18, 2024 FLOYD AVENUE, between Roselle
Avenue and Claus Road 40 miles per hour September 18, 2024 G STREET, between 9th Street and
17th Street 25 miles per hour August 7, 2018
GRANGER AVENUE, between Tully
Road and McHenry Avenue 35 miles per hour December 27, 2019 *ES7
GRANGER AVENUE, between
McHenry Avenue and
Sunrise Avenue 35 miles per hour December 27, 2019
*ES7
H STREET, between 9th Street
and 17th Street 25 miles per hour December 20, 2019
*ES7
HASHEM DRIVE, between Sylvan
Avenue and Oakdale Road*ES10 30 miles per hour April 23, 2012 HATCH ROAD, between Carpenter
Road and Crows Landing Road*ES10 45 miles per hour February 15, 2012 JEFFERSON STREET, between
Maze Boulevard and Paradise Road 25 miles per hour March 25, 2015 *ES10
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- 6 - ORDINANCE NO. 3789-C.S.

EFFECTIVE DATE: February 27, 2025
KANSAS AVENUE, between Morse
Road and Rosemore Avenue *ES10 40 miles per hour March 30, 2015 KANSAS AVENUE, between
Rosemore Avenue and Carpenter
Road *ES7 35 miles per hour December 20, 2019
KANSAS AVENUE, between
Carpenter Road and
Emerald Avenue *ES7 35 miles per hour December 20, 2019 KANSAS AVENUE, between Emerald
Avenue and Franklin Street*ES10 30 miles per hour December 20, 2011 KODIAK DRIVE, between
La Force Drive and Roselle Avenue 30 miles per hour May 8, 2013 *ES10
LA LOMA AVENUE, between Burney
Street and Yosemite Boulevard 30 miles per hour September 18, 2024 LAKEWOOD AVENUE, between
Briggsmore Avenue and
Scenic Drive *ES7 40 miles per hour December 20, 2019
LINCOLN AVENUE, between Dry
Creek and Yosemite Boulevard 35 miles per hour September 18, 2024 MABLE AVENUE, between Coffee
Road and Oakdale Road*ES10 30 miles per hour March 21, 2012

MARTIN LUTHER KING DRIVE,
between Maze Boulevard and
Paradise Road*ES10 30 miles per hour February 16, 2012
MCCLURE ROAD, between Dry
Creek Drive and Yosemite Ave *ES10 30 miles per hour January 13, 2013 MERLE AVENUE, between Oakdale
Road and Roselle Avenue*ES 10 30 miles per hour December 23, 2014 MERLE AVENUE, between Roselle
Avenue and Claus Road *ES7 35 miles per hour December 20, 2019 #8..
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- 7 - ORDINANCE NO. 3789-C.S.

EFFECTIVE DATE: February 27, 2025
MILLBROOK AVENUE, between
Sylvan Avenue and Floyd Avenue 25 miles per hour January 10, 2013 *ES10
MILLER AVENUE, between La Loma
Avenue and El Vista Avenue *ES7 35 miles per hour December 27, 2019 MITCHELL ROAD, between Finch
Road and the southerly City limits 50 miles per hour December 29, 2011 *ES10
MORRIS AVENUE, between McHenry
Avenue and Coffee Road *ES10 30 miles per hour March 22, 2012 MORSE ROAD, between Blue Gum
Avenue and Kansas Avenue*ES10 40 miles per hour February 22, 2012 MT. VERNON DRIVE, between
Prescott Road and College Avenue 30 miles per hour February 3, 2010 *ES10
NEECE DRIVE, between Tuolumne
Boulevard and Rouse Avenue*ES10 35 miles per hour February 22, 2012 NEEDHAM STREET, between 9th
Street and L Street*ES10 35 miles per hour March 6, 2012 NORWEGIAN AVENUE, between
McHenry Avenue and Coffee Road 35 miles per hour December 20, 2019 *ES7
OAKDALE ROAD, between
Mable Road and 45 miles per hour January 8, 2020
Sylvan Avenue *ES7
OAKDALE ROAD, between Sylvan
Avenue and Floyd Avenue *ES7 45 miles per hour January 8, 2020 OAKDALE ROAD, between Floyd
Avenue and Briggsmore Avenue 40 miles per hour February 3, 2015 *ES10
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- 8 - ORDINANCE NO. 3789-C.S.

EFFECTIVE DATE: February 27, 2025
OAKDALE ROAD, between
Briggsmore Avenue and
Scenic Drive *ES7 40 miles per hour September 18, 2024
ORANGEBURG AVENUE, between
Briggsmore Avenue and
Martin Avenue 35 miles per hour September 18, 2024
ORANGEBURG AVENUE, between
Martin Avenue and McHenry
Avenue 35 miles per hour September 18, 2024
ORANGEBURG AVENUE, between
McHenry Avenue and Coffee Road 40 miles per hour September 18, 2024 ORANGEBURG AVENUE, between
Coffee Road and Oakdale Road 35 miles per hour September 18, 2024 ORANGEBURG AVENUE, between
Oakdale Road and Lakewood
Avenue 35 miles per hour September 18, 2024
ORANGEBURG AVENUE, between
Lakewood Avenue and Claus Road 35 miles per hour May 23, 2013 *ES10
PARADISE ROAD, between
Carpenter Road and Martin
Luther King Drive*ES10 35 miles per hour May 23, 2012
PARADISE ROAD, between
Martin Luther King Drive and
Washington Street*ES10 30 miles per hour May 23, 2012
PARKER ROAD, between
Santa Fe and Church Street *ES7 50 miles per hour December 19, 2019 PELANDALE AVENUE, between
Sisk Road and Dale Road 50 miles per hour September 18, 2024 #8..
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- 9 - ORDINANCE NO. 3789-C.S.

EFFECTIVE DATE: February 27, 2025
PELANDALE AVENUE, between
Dale Road and Prescott Avenue *ES7 50 miles per hour December 20, 2019 PELANDALE AVENUE, between
Prescott Avenue and Carver Road 50 miles per hour December 20, 2019 *ES7
PELANDALE AVENUE, between
Carver Road and Tully Road *ES7 50 miles per hour December 20, 2019 PELANDALE AVENUE, between
Tully Road and McHenry Avenue 50 miles per hour December 20, 2019 *ES7
PRESCOTT ROAD, between Snyder
Avenue and Standiford Avenue 35 miles per hour September 28, 2018 PRESCOTT ROAD, between
Standiford Avenue and
Rumble Road 40 miles per hour September 17, 2024
PRESCOTT ROAD, between Rumble
Road and Briggsmore Avenue 35 miles per hour September 18, 2024 RIVERSIDE DRIVE, between
Edgebrook Drive and Yosemite
Boulevard *ES10 30 miles per hour February 3, 2015
ROSE AVENUE, between Floyd
Avenue and Briggsmore Avenue 30 miles per hour September 28, 2018 ROSE AVENUE, between
Briggsmore Avenue and
Scenic Drive 30 miles per hour September 28, 2018
ROSEBURG AVENUE, between
Carver Road and Tully Road 30 miles per hour September 14, 2016 ROSEBURG AVENUE, between
Tully Road and McHenry Avenue 30 miles per hour December 27, 2019 *ES7
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- 10 - ORDINANCE NO. 3789-C.S.

EFFECTIVE DATE: February 27, 2025
ROSEBURG AVENUE, between
McHenry Avenue and
Sunrise Avenue *ES7 30 miles per hour December 27, 2019 ROSELLE AVENUE, between Sylvan
Avenue and Floyd Avenue *ES7 45 miles per hour December 27, 2019 ROSELLE AVENUE, between Floyd
Avenue and Briggsmore Avenue 45 miles per hour December 27, 2019 *ES7
ROSEMORE AVENUE, between
Blue Gum Avenue and
Kansas Avenue 30 miles per hour September 28, 2018
ROUSE AVENUE, between
Colorado Avenue and
Neece Drive *ES7 30 miles per hour December 20, 2019
RUMBLE ROAD, between Sisk
Road and Conant Avenue 30 miles per hour August 7, 2018 RUMBLE ROAD, between Conant
Avenue and Tully Road *ES7 30 miles per hour December 27, 2019 RUMBLE ROAD, between Tully
Road and McHenry Avenue 30 miles per hour December 27, 2019 *ES7
RUMBLE ROAD, between McHenry
Avenue and Coffee Road *ES10 30 miles per hour April 21, 2015 SANTA CRUZ AVENUE, between
Yosemite Boulevard and
Legion Park Drive *ES7 30 miles per hour December 27, 2019 SCENIC DRIVE, between Burney
Street and Coffee Road 30 miles per hour September 18, 2024 SCENIC DRIVE, between Coffee
Road and Oakdale Road 40 miles per hour September 18, 2024 #8..
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- 11 - ORDINANCE NO. 3789-C.S.

EFFECTIVE DATE: February 27, 2025
SCENIC DRIVE, between Oakdale
Road and Lakewood Avenue *ES7 45 miles per hour December 20, 2019 SCENIC DRIVE, between Lakewood
Avenue and Lillian Drive 40 miles per hour September 18, 2024 SCENIC DRIVE, between Lillian
Drive and Claus Road 40 miles per hour September 18, 2024 SIERRA DRIVE, between G Street
and 7th Street *ES7 30 miles per hour December 27, 2019 SISK ROAD, between Pelandale
Avenue and Standiford Avenue 40 miles per hour December 20, 2011 *ES10
SISK ROAD, between Standiford
Avenue and Briggsmore Avenue 40 miles per hour December 20, 2011 *ES10
SNYDER AVENUE, between
Dale Road and Prescott Road 30 miles per hour March 25, 2015 *ES10
SNYDER AVENUE, between
Prescott Road and Tully Road 30 miles per hour April 21, 2015 *ES10
STANDIFORD AVENUE, between
Sisk Road and Prescott Road *ES7 45 miles per hour December 20, 2019 STANDIFORD AVENUE, between
Prescott Road and Tully Road *ES7 40 miles per hour December 20, 2019 STANDIFORD AVENUE, between
Tully Road and McHenry Avenue 40 miles per hour December 20, 2019 *ES7
SUNRISE AVENUE, between
Floyd Avenue and Lucern Avenue 30 miles per hour December 20, 2019 *ES7
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- 12 - ORDINANCE NO. 3789-C.S.

EFFECTIVE DATE: February 27, 2025
SUTTER AVENUE, between Paradise
Road and Robertson Road *ES7 30 miles per hour December 20, 2019 SYLVAN AVENUE, between
McHenry Avenue and Coffee Road 45 miles per hour December 20, 2019 *ES7
SYLVAN AVENUE, between Coffee
Road and Oakdale Road *ES7 45 miles per hour December 20, 2019 SYLVAN AVENUE, between Oakdale
Road and Roselle Avenue *ES7 50 miles per hour December 19, 2019 SYLVAN AVENUE, between
Roselle Avenue and Claus Road 45 miles per hour January 8, 2015 *ES10
SYLVAN MEADOWS DRIVE, between
Dragoo Park Drive and Coffee Road 25 miles per hour August 2, 2012 *ES10
TENAYA DRIVE, between Empire
Avenue and the easterly city limit
on Tenaya Drive *ES10 30 miles per hour December 29, 2011 TULLY ROAD, between Bangs
Avenue and Standiford Avenue 45 miles per hour August 6, 2018 TULLY ROAD, between Standiford
Avenue and Briggsmore Avenue 35 miles per hour September 18, 2024 TULLY ROAD, between Briggsmore
Avenue and Coldwell Avenue 35 miles per hour September 18, 2024 TULLY ROAD, between Coldwell
Avenue and 9th Street 35 miles per hour September 18, 2024

TUOLUMNE BOULEVARD,
between Paradise Road and
7th Street *ES7 40 miles per hour December 20, 2019
UNION AVENUE, between Tully
Road and McHenry Avenue 30 miles per hour August 7, 2018 #8..
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- 13 - ORDINANCE NO. 3789-C.S.

EFFECTIVE DATE: February 27, 2025
VENEMAN AVENUE, between Dale
Road and Regency Park Drive 30 miles per hour August 7, 2018 VIRGINIA AVENUE, between
Roseburg Avenue and Needham
Street *ES 10 30 miles per hour December 11, 2010
WHITMORE AVENUE, between
Ustick Road and Crows
Landing Road *ES7 45 miles per hour December 27, 2019
WHITMORE AVENUE, between
Crows Landing Road and
Morgan Road *ES7 45 miles per hour December 27, 2019
WOODLAND AVENUE, between
Morse Road and Carpenter Road 35 miles per hour January 2, 2020 *ES7
WOODLAND AVENUE, between
Carpenter Road and 9th Street 30 miles per hour March 25, 2015 *ES10
WOODROW AVENUE, between
Tully Road and McHenry Avenue 30 miles per hour March 25, 2015 *ES10
5TH STREET, between L Street
and Sierra Drive *ES7 35 miles per hour December 20, 2019 6TH STREET, between M Street
and Sierra Drive *ES10 30 miles per hour February 26, 2015 7TH STREET BRIDGE, between
B Street and River Road 25 miles per hour August 7, 2018 9TH STREET, between Carpenter
Road and Tully Road *ES7 45 miles per hour December 20, 2019 #8..
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- 14 - ORDINANCE NO. 3789-C.S.

EFFECTIVE DATE: February 27, 2025
9TH STREET, between Tully Road
and L Street *ES7 35 miles per hour December 20, 2019
9TH STREET, between D Street
and Morton Boulevard 35 miles per hour December 30, 2019

SCHOOL ZONE REDUCED SPEED LIMITS
BEAR CUB LANE, between Kodiak Dr
and Hillglen Avenue 15 miles per hour
BOWEN AVENUE, between Fremont Avenue
and College Avenue 15 miles per hour
BOWIE AVENUE, between School Ave
and El Paso Ave 15 miles per hour
BRADY AVENUE, between Coldwell Ave
and Griswold Ave 15 miles per hour
CALIFORNIA AVENUE, between
Champagne Lane and S. Emerald Ave 15 miles per hour
CHEYENNE WAY, between Seminole Lane
and Agate Drive 15 miler per hour
COLDWELL AVENUE, between Brade Ave
and Enslen Ave 15 miles per hour
CONANT AVENUE, between Budd Street
and Southridge Drive 15 miles per hour
N. CONEJO AVENUE, between Haddon Ave
and Encina Ave 15 miles per hour
ELSIE STREET, between Hudson Lane
And Sutter Avenue 15 miles per hour
ENCINA AVENUE, between North Conejo Ave
and Severin Ave 15 miles per hour
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- 15 - ORDINANCE NO. 3789-C.S.

EFFECTIVE DATE: February 27, 2025
ENSLEN AVENUE, between Coldwell Ave
And Griswold Ave 15 miles per hour
ESCUELITA AVENUE, between North
Santa Ana Avenue and Las Palmas Avenue 15 miles per hour FINE AVENUE, between Landing Way
and Mallard Lane 15 miles per hour
FINE AVENUE, between Merle Avenue
And Banyan Tree Court 15 miles per hour
FLOYD AVENUE, between Langford Avenue
and Maxine Drive 15 miles per hour
GLENN AVENUE, between Las Vegas
Street and Rutherford Street 15 miles per hour
HAMMOND STREET, between Robertson
Road and Red Pine Drive 15 miles per hour
HUDSON LANE, between Northern Limit
And Elsie Street 15 miles per hour
JANET DRIVE, between Sheldon Drive
And Innsbrook Drive 15 miles per hour
JANNA AVENUE, between Blanche Street
And Trent Drive 15 miles per hour
KIRSCHEN DRIVE, between Crippen Avenue
And Pine Tree Lane 15 miles per hour
KODIAK DRIVE, between Litt Road
And Fine Avenue 15 miles per hour
KODIAK DRIVE, between Brookside Drive
and Temescal 15 miles per hour
LAS VEGAS STREET, between Butte
Avenue and Glenn Avenue 15 miles per hour
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- 16 - ORDINANCE NO. 3789-C.S.

EFFECTIVE DATE: February 27, 2025
LUCERN AVENUE, between Coffee Road
and El Camino Avenue 15 miles per hour
MAID MARIANE LANE, between Friar Truck
Way and Sharon Avenue 15 miles per hour
MERLE AVENUE, between Oakdale Road
And Woodcrest Way 15 miles per hour
MONTEREY AVENUE, between Kerr
Avenue and Empire Avenue 15 miles per hour
MOUNT VERNON DRIVE, between Fay Avenue
And Earlmar Drive 15 miles per hour
NORTHVIEW DRIVE, between Mable Avenue
And Sylvan Meadows Drive 15 miles per hour
PATTON DRIVE, between Shawnee Drive
And Warmerdam Lane 15 miles per hour
PEQUINO AVENUE, between Las Palmas
Avenue and N. Santa Ana Avenue 15 miles per hour
POUST AVENUE, between Sussex Place
And Scandia Court 15 miles per hour
ROSINA AVENUE, between Haddon Avenue
And Encina Avenue 15 miles per hour
ROBERTSON ROAD, between Pine Tree Lane
and Hammond Street 15 miles per hour
E. RUMBLE ROAD, between Niabell Place
And Hampshire Lane 15 miles per hour
W. RUMBLE ROAD, between Conant
Avenue and Boardwalk 15 miles per hour
W. RUMBLE ROAD, between Ashland Way
and Holiday Lane 15 miles per hour
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- 17 - ORDINANCE NO. 3789-C.S.

EFFECTIVE DATE: February 27, 2025
N. SANTA ANA AVENUE, between La Loma
Avenue and Yosemite Boulevard 15 miles per hour
SCHOOL AVENUE, between Crows Landing
Road and Bowie Avenue 15 miles per hour
SHARON AVENUE, between Maid Mariane
Lane and Fine Avenue 15 miles per hour
SHAWNEE DRIVE, between Cheyenne Way
and Patton Drive 15 miles per hour
SHELDON DRIVE, between Carver Road
And Pembroke Drive 15 miles per hour
SONOMA AVENUE, between East Orangeburg
Avenue and Laramie Drive 15 miles per hour
SUNRISE AVENUE, between East Granger
Avenue and East Orangeburg Avenue 15 miles per hour
SUTTER AVENUE, between Rouse Avenue
and Chicago Avenue 15 miles per hour
TERESA STREET, between Seasons Way
and Grape Avenue 15 miles per hour
TOKAY AVENUE, between O’Farrel Avenue
And La Cienega Drive 15 miles per hour
WARM SPRINGS DRIVE, between Eastport
Drive and Mercer Drive 15 miles per hour
WISDOM WAY, between Merle Avenue
and Southern Limit 15 miles per hour
WOODROW AVENUE, between Colonial Drive
And Fremont Street 15 miles per hour
WOODROW AVENUE, between Colonial Drive
And Load Avenue 25 miles per hour
(Extension)
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- 18 - ORDINANCE NO. 3789-C.S.

EFFECTIVE DATE: February 27, 2025
WOODROW AVENUE, between Tully
Road and Lord Avenue 15 miles per hour
*EXTEND SURVEY (ES) 5, 7, 14 years per California Vehicle Code section 40802.

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. 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 4. SAVINGS. The provisions of this ordinance shall not affect any proceedings, suit or prosecution heretofore or hereafter commenced under the provisions of the Municipal Code as they existed prior to the effective date of this ordinance. No offense committed and no liability, penalty or forfeiture, either civilly or criminally incurred under the provisions of the Municipal Code as they existed prior to the effective date of this ordinance shall be discharged or affected by the adoption of this ordinance; but prosecutions and suits for such offenses, liabilities, penalties or forfeitures shall be instituted or proceeded with in all respects as if this ordinance had not been adopted.

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 #8..
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- 19 - ORDINANCE NO. 3789-C.S.

EFFECTIVE DATE: February 27, 2025
shall be published once in The Modesto Bee, the official newspaper of the City of Modesto, setting forth the title of this ordinance, the date of its introduction and the places where this ordinance is posted.
#8..
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- 20 - ORDINANCE NO. 3789-C.S.

EFFECTIVE DATE: February 27, 2025
The foregoing Ordinance was introduced at a regular meeting of the Council of the City of Modesto held on the 14th day of January 2025, by Councilmember Wright, who moved its introduction and passage to print, which motion being duly seconded by Councilmember Ricci, was upon roll call carried and ordered printed and published by the following vote:

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

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

By: _______________________________
JOSE M. SANCHEZ, City Attorney
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- 21 - ORDINANCE NO. 3789-C.S.

EFFECTIVE DATE: February 27, 2025

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 28th day of January 2025, Councilmember ??? moved its final adoption, which motion being duly seconded by Councilmember ???, was upon roll 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:

By: ___________________________________
DIANE NAYARES-PEREZ, City Clerk
Effective Date: February 27, 2025
#8..
- 121 -

CITY OF MODESTO
ORDINANCE NO. 3789-C.S.

The following Ordinance was introduced by the City Council of the City of Modesto at the meeting of January 14, 2025:

ORDINANCE AMENDING SECTION 3-2.1401.1 OF ARTICLE 14 OF
CHAPTER 2 OF TITLE 3 OF THE MODESTO MUNICIPAL CODE

RELATING TO SPEED LIMITS
Copies of the above-mentioned ordinance are posted at the following locations:
 Tenth Street Place, 1010 10th Street
 Neighborhood Center at Marshall Park, 420 Chicago Ave.  Senior Citizen Center, 211 Bodem Street
Diane Nayares-Perez
City Clerk
#8..
- 122 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

January 28, 2025
Date: December 18, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Director of Community and Economic Development SUBJECT: First Amendment to Agreement with De Novo Planning Group CONTACT: Leslie Danhoff, Administrative Analyst
[email protected], 209-577-5211
DESCRIPTION:

Consider approving the First Amendment for the Consultant Services Agreement with De Novo Planning Group for Specific Plan Services increasing the Agreement amount by $400,000. (Funding Source: Developer Fees)
STRATEGIC PLAN ELEMENT:

The recommended action supports the City Council’s 2020-2025 Strategic Plan, Goal D: Provide Safe, Efficient, and Reliable Infrastructure through proactive community investment, maintenance and sustainability efforts.

BACKGROUND:

Since the City’s 1995 General Plan, new growth areas located outside the City limits and inside the General Plan boundary have been defined with their own boundary and name. These areas are defined as Comprehensive Planning Districts (CPDs). The last time Modesto’s General Plan was updated comprehensively was in 1995. The update will look toward the City’s long-term future to reflect the issues, ideas, and aspirations of today and plan through the year 2050.

The City’s planning approach is to define future Specific Plan areas and require a comprehensive, holistic planning process in advance of annexations. The result is that newly developed neighborhoods are integrated within a larger context that considers transportation systems, utilities and infrastructure, and land uses like parks, schools, and services in advance.

Per the Modesto Municipal Code Section 10-9.1101,
“It is the intent of the City Council in providing Specific Plan Reimbursement Fees to charge persons who benefit from Specific Plans for the costs of developing those Specific Plans and to reimburse those persons, including the City, who have provided #9..
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City Council, January 28, 2025
First Amendment to Agreement with De Novo Planning Group

Page 2 of 4 ends

funds to prepare the Specific Plan and related documentation. Specific Plans result in savings to such persons to reducing the cost of documenting environmental consequences and advocating changed land uses which may be authorized pursuant to the Specific Plan.”
Specific plans are beneficial when planning large land areas or complex development projects because they provide a comprehensive document that contains all the land use and infrastructure policies necessary to fully address the potential impacts of the project, and to implement subsequent development requests. The use of specific plan documents to guide growth is authorized by California Government Code Sections §65450 through §65457.

The purpose of this specific plan is to define a comprehensive land use, policy, and regulatory document to govern all future development within the City of Modesto. The specific plan should establish a development framework for land use, resource protection, circulation, public utilities and services, implementation, and design. The specific plan and the subsequent entitlement process allow for a sequence of community input and government review to ensure that development occurs in a logical, consistent, and timely manner.

The Community and Economic Development Department has determined that contracting with private firms is the most efficient way to continue providing specific plan services. Through an informal Request for Qualifications (RFQ) process, the City entered into an on-call Agreement with De Novo Planning group on April 23, 2024, as approved by Council Resolution 2024-128 in the amount not to exceed $500,000.

DISCUSSION:

In the last 24 months, staff has seen an unprecedented increase in developer and development inquiries, all which require the preparation of a specific plan. Engaging in the preparation of a specific plan can entail substantial financial and time investments, potentially resulting in delays in timely development, especially when multiple landowners are involved. This can prompt developers to hold off on submitting applications as they navigate the complexities of the process.

City-led efforts enable the development of a comprehensive vision for the designated area covered by the specific plan. By integrating input from various stakeholders and aligning with broader citywide goals and policies, the specific plan can reflect a holistic vision for sustainable growth and development. Any approved specific plan will work in conjunction with the policies of existing City planning guideline and plans, including the General Plan.

Developing a specific plan for greenfield development also has the potential to attract investment and spur economic growth in the area. The plan can identify opportunities for commercial, industrial, and residential development, creating jobs, generating tax revenue, and enhancing the local economy. Further, specific plans typically include provisions for infrastructure improvements, such as roads, utilities, parks, and public facilities. By planning for infrastructure needs in advance, the city can ensure that necessary services and amenities are provided to support future development and accommodate population growth.

The support from De Novo Planning Group for specific plan consultation eliminates the need to send out repetitive Request for Proposals (RFPs) for to prepare specific plans. The City reserves the right to request proposals, negotiate a scope of work and contract from consultants other than De Novo Planning Group in the future. This amendment will provide for continuity of services to complete Specific Plans when annexation applications are submitted to the City of Modesto. #9..
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City Council, January 28, 2025
First Amendment to Agreement with De Novo Planning Group

Page 3 of 4 ends

Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment or contractual services to be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-3.204(f), “Where the Purchasing Manager, in his or her discretion, determines that it is appropriate to amend the services or goods provided under and 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.”
FISCAL IMPACT:

The cost for specific plan services will be based upon time required for each specific project and scope of work. The consultant will be paid by the City based on their contract hourly rate with a total not to exceed amount of $900,000. There is no impact to the General Fund, as this agreement will be funded via developer fees.

COMMITTEE RECOMMENDATION:

Due to the urgent nature of the action needed, the amendment was not presented to Council Committee. The original item was reviewed by the Economic Development Committee on March 4, 2024, and the Committee approved forwarding the item to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the First Amendment increasing the Consultant Services Agreement amount with De Novo Planning Group for Specific Plan Services by $400,000 from $500,000 to a new total amount of $900,000; and authorizing the City Manager or his designee to execute the Amendment.
#9..
- 125 -
City Council, January 28, 2025
First Amendment to Agreement with De Novo Planning Group

Page 4 of 4 ends

Approved by:

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

1. Resolution Amendment 1 De Novo for Specific Plan Services

2. Agreement with De Novo for Specific Plan Services

3. Amendment No. 1 with De Novo for Specific Plan Services #9..
- 126 -
01/28/2025/CDD/JHill/Item # 1 2025-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2025-XX

RESOLUTION APPROVING THE FIRST AMENDMENT INCREASING THE

CONSULTANT SERVICES AGREEMENT AMOUNT WITH DE NOVO
PLANNING GROUP FOR SPECIFIC PLAN SERVICES BY $400,000 FROM $500,000 TO A NEW TOTAL AMOUNT OF $900,000 AND AUTHORIZING THE

CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE AMENDMENT
WHEREAS, the City of Modesto’s planning approach is to define future Specific Plan areas and require a comprehensive, holistic planning process in advance of annexations; and
WHEREAS, the Community and Economic Development determined the need to contract with a private firm to assist in Specific Plan Services; and WHEREAS, through an informal Request for Qualifications (RFQ) process, the City of Modesto entered into an on-call agreement with De Novo Planning Group on April 23, 2024 for Specific Plan Services as approved by City Council Resolution 2024- 128 in the amount not to exceed $500,000; and
WHEREAS, having a contract with the De Novo Planning Group for Specific Plan Services eliminates the need to send out repetitive Request for Proposals (RFPs) for projects or services of similar size as well as reducing staff time and project costs; and WHEREAS, this amendment will provide for continuity of services to complete Specific Plans when annexation applications are submitted to the City of Modesto; and WHEREAS, the City will continue to assign projects to De Novo Planning Group as determined by the City based on the work needed for the submitted project; and WHERAS, Modesto Municipal Code 8-3.203 generally requires all purchases which meet or exceed $100,000 for material, equipment or contractual services to be formally bid; and
#9..
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01/28/2025/CDD/JHill/Item # 2 2025-XX
WHEREAS, However, exceptions to the formal bidding process are granted in MMC 8-3.204(f), “Where the Purchasing Manager, in his or her discretion, determines that 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.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the First Amendment increasing the Consultant Services Agreement for Specific Plan Services with De Novo Planning Group by $400,000 from $500,000 to a new total amount of $900,000.

BE IT FURTHER RESOLVED, that the City Manager, or his designee, is authorized to execute the Amendment in a form approved by the City Attorney. #9..
- 128 -
01/28/2025/CEDD/JHill/Item X 3 2025-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 28th day of January, 2025, by _____, who moved its adoption, which motion being duly seconded by ______, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: _____________________________

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

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
#9..
- 129 -
De Novo Planning Group A-1 City of Modesto
Consultant Services Agreement for Specific Plan Preparation

CONSULTANT SERVICES AGREEMENT

FOR SPECIFIC PLAN PREPARATION
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this ________, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", DE NOVO PLANNING GROUP, a California corporation, hereinafter referred to as "Consultant".

This Agreement is made with regard to the following recitals:

A. City has determined that Specific Plan Preparation should be performed for the City.

B. Consultant represents that it is qualified, willing and able to provide the requested services.

NOW, THEREFORE, in consideration of this Agreement, and the mutual promises, covenants, and stipulations hereinafter contained, the parties agree as follows:

1. SCOPE OF SERVICES.

Services to be provided by Consultant under this Agreement shall generally fall under, but are not limited to, one or more of the categories as set forth and described in the documents attached hereto and referred to as Exhibit “A” and made a part hereof. The Consultant shall perform the services as described in Exhibit “A” in a manner compatible with the standards of its profession, and shall produce a fully complete project that is acceptable to City.

2. TERM OF AGREEMENT
DocuSign Envelope ID: 841D9D0B-201A-4329-8F1D-3CC68377A8E3 April
23,
2024
#9..
- 130 -
De Novo Planning Group A-2 City of Modesto
Consultant Services Agreement for Specific Plan Preparation a. The City and Consultant hereto agree and enter into this Agreement for a term of three years commencing on the Effective Date. b. In the event Consultant is not in default of any material covenants required by it to be performed under this Agreement, the City shall have the right and option to extend the term of this Agreement for a period of three years on the same terms and conditions, except as otherwise set forth herein. City shall notify Consultant in writing of the exercise of said right not later than thirty (30) days prior to the expiration of the initial three-year term set forth in Paragraph 2(a).
c. Following the one (1) year term extension set forth in Paragraph 2(b), and if the Consultant is not in default of any material covenants required by it to be performed under this Agreement, the City shall have the right and option to extend this Agreement for a second period of one (1) year on the same terms and conditions, except as otherwise provided herein. City shall notify Consultant in writing of the exercise of said right not later than thirty (30) days prior to the expiration of the one (1) year term extension set forth in Paragraph 2(b).

3. COMPENSATION.

Consultant agrees to accept payment based on Exhibit “A” on a time and materials basis as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit "A" and for performance by Consultant of all of its duties and obligations under this Agreement.

The Compensation shall be paid pursuant in the manner and at the times set forth below:

City shall pay Consultant for work performed as outlined in Exhibit “A” and based upon the schedule of hourly rates set forth in Exhibit “A” not to exceed $500,000; Unless DocuSign Envelope ID: 841D9D0B-201A-4329-8F1D-3CC68377A8E3 #9..
- 131 -
De Novo Planning Group A-3 City of Modesto
Consultant Services Agreement for Specific Plan Preparation otherwise approved by City, the hourly rates shown in Exhibit “A” shall remain in effect for the entire term of this Agreement, including all extensions.

Consultant shall submit monthly invoices to City which include a detailed running balance, description of completed tasks, hours worked, and billable rates for all work completed, and detailed receipts for any out-of-pocket costs paid by Consultant in connection with work performed on a Project.

4. OBLIGATIONS OF CONSULTANT.

Throughout the term of this Agreement, Consultant shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business. Consultant warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the City with the services contemplated by this Agreement. Consultant further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.

5. PERFORMANCE BY KEY EMPLOYEE.

Consultant has represented to City that Steve McMurtry, Principal, will be the person primarily responsible for the performance of the services referred to in this Agreement.

City has entered into this Agreement in reliance on that representation by Consultant. Consultant therefore agrees that twenty-five percent (25%) or more of the time to be devoted to the project that is the subject of this Agreement will be that of the above-named person.

6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

Ownership of Documents
DocuSign Envelope ID: 841D9D0B-201A-4329-8F1D-3CC68377A8E3 #9..
- 132 -
De Novo Planning Group A-4 City of Modesto
Consultant Services Agreement for Specific Plan Preparation All reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of the City, and may be used by City as it may require without any additional cost to City. No reports shall be used by the Consultant for purposes other than this Agreement without the express prior written consent of City.

Title to Data
If, as a part of this Agreement, Consultant is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual aids and other related materials, the originals of all such data generated under this Agreement will be delivered to City upon the completion or termination of services under this Agreement.

All materials, documents, data or information obtained from the City data files or any City medium furnished to Consultant in the performance of this Agreement will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Consultant after termination of this Agreement without written consent of the City.

7. NEWS AND INFORMATION RELEASE.

Consultant agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this Agreement, without first obtaining review and approval of said news releases from City through the City Manager.

8. FINANCIAL INTEREST OF CONSULTANT.

Consultant warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance DocuSign Envelope ID: 841D9D0B-201A-4329-8F1D-3CC68377A8E3 #9..
- 133 -
De Novo Planning Group A-5 City of Modesto
Consultant Services Agreement for Specific Plan Preparation of services required to be performed under this Agreement. Consultant warrants that, in performance of this Agreement, Consultant shall not employ any person having any such interest.

Consultant agrees to file a Statement of Economic Interests with the City Clerk at the start and end of this Agreement if so required at the option of City.

9. AMENDMENTS.

Both parties to this Agreement understand that it may become desirable or necessary during the execution of this Agreement, for City or Consultant to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original agreement prior to the performance of the additional work.

Until a change order is so executed, City will not be responsible to pay any charges Consultant may incur in performing such additional services, and Consultant shall not be required to perform any such additional services.

10. INDEPENDENT CONTRACTOR.

All acts of Consultant, its agents, officers, and employees and all others acting on behalf of Consultant relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of City. Consultant, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. Consultant has no authority or responsibility to exercise any rights or power vested in the City. No agent, officer, or employee of the City is to be considered an employee of Consultant. It is understood by both Consultant and City that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture.

DocuSign Envelope ID: 841D9D0B-201A-4329-8F1D-3CC68377A8E3 #9..
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De Novo Planning Group A-6 City of Modesto
Consultant Services Agreement for Specific Plan Preparation Consultant, its agents, officers and employees are and, at all times during the terms of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of City.

Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement, and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of the Consultant in fulfillment of this Agreement. Consultant has control over the manner and means of performing the services under this Agreement. Consultant is permitted to provide services to others during the same period service is provided to City under this Agreement. If necessary, Consultant has the responsibility for employing other persons or firms to assist Consultant in fulfilling the terms and obligations under this Agreement.

If in the performance of this Agreement any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the Consultant.

It is understood and agreed that as an independent contractor and not an employee of City neither the Consultant or Consultant's assigned personnel shall have any entitlement as a City employee, right to act on behalf of the City in any capacity whatsoever as an agent, or to bind the City to any obligation whatsoever.

DocuSign Envelope ID: 841D9D0B-201A-4329-8F1D-3CC68377A8E3 #9..
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De Novo Planning Group A-7 City of Modesto
Consultant Services Agreement for Specific Plan Preparation It is further understood and agreed that Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Consultant's personnel.

As an independent contractor, Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement.

11. ASSIGNMENT.

Neither this Agreement nor any portion thereof shall be subcontracted or assigned without the express prior written consent of the City in each and every instance.

12. PATENT/COPYRIGHT MATERIALS.

Unless otherwise expressly provided in this Agreement, Consultant shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the performance of this Agreement. Consultant shall furnish a warranty of such right to use to City at the request of City.

13. NOTICES.

Notice required by this Agreement shall be given in writing and shall be deemed given and effective upon receipt provided that such are delivered in accordance with the provisions of this Section. Notices shall be delivered either by: (a) personal delivery (including delivery by an overnight courier service which obtains confirmation of receipt); or (b) by facsimile, provided that such transmission is followed by delivery by an overnight courier service which obtains confirmation of receipt; or (c) postage prepaid, return receipt requested, certified mail; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall be sent to the parties at the address respectively set forth below DocuSign Envelope ID: 841D9D0B-201A-4329-8F1D-3CC68377A8E3 #9..
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De Novo Planning Group A-8 City of Modesto
Consultant Services Agreement for Specific Plan Preparation or to such other address as a party may designate by written notice given in accordance with the provisions of this Section:

FOR CONSULTANT: Name: De Novo Planning Group
Address: 1020 Suncast Ln #106
El Dorado Hills, CA 95762
Attention: Steve McMurtry, Principal
Phone: (916) 580-9818
E-mail: [email protected]
FOR CITY: Name: City of Modesto
Address: P.O. Box 642
Modesto, CA 95353
Attention: Peter Ibrahim, Infrastructure Financing Program Supervisor
Phone: (209) 577-5211
E-mail: [email protected]

14. INSURANCE REQUIREMENTS.

The Consultant shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the City by PINS Insurance Program, for all of the following stated insurance policies.

In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Consultant shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds DocuSign Envelope ID: 841D9D0B-201A-4329-8F1D-3CC68377A8E3 #9..
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De Novo Planning Group A-9 City of Modesto
Consultant Services Agreement for Specific Plan Preparation identified herein shall be provided thirty (30) days notice of the cancellation on the policies of insurance required hereunder (ten (10) days notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within five (5) business days of receipt of such notice. The Consultant shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled. (a) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent consultants and subcontractors; products and completed operations as applicable.
(b) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
(c) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000. (d) Professional Liability (Errors and Omissions) Insurance appropriate to the Consultant’s profession, with limits not less than $1,000,000 per occurrence or claim, DocuSign Envelope ID: 841D9D0B-201A-4329-8F1D-3CC68377A8E3 #9..
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De Novo Planning Group A-10 City of Modesto
Consultant Services Agreement for Specific Plan Preparation $2,000,000 aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.

If at any time any of said policies shall be unsatisfactory to the City, as to form or substance, or if a company issuing such policy shall be unsatisfactory to the City, the Consultant shall promptly obtain a new policy, submit the same to the Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the Consultant to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the City, may be forthwith declared suspended or terminated. Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, officers, officials, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, officials, employees, and volunteers for losses arising from work performed by Consultant for the City. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager. The Consultant must deliver certificates evidencing existence of the insurance listed above to the City prior to the time this Agreement is signed.

CONSULTANT shall provide CITY with separate endorsements evidencing proof of the CITY’s additional insured status as to both the general liability and automobile liability insurance policies. In addition, CONSULTANT shall provide CITY with a DocuSign Envelope ID: 841D9D0B-201A-4329-8F1D-3CC68377A8E3 #9..
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De Novo Planning Group A-11 City of Modesto
Consultant Services Agreement for Specific Plan Preparation Workers Compensation subrogation waiver by way of a separate endorsement. All endorsements referenced above must include the applicable policy number.

For any claims related to this project, the CONSULTANT’S insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the CONSULTANT’S insurance and shall not contribute with it.

15. TERMINATION OF AGREEMENT.

Termination by City for Default of Consultant
Should Consultant default in the performance of this Agreement or materially breach any of its provisions, at its option, City may terminate this Agreement by giving written notification to Consultant. The termination date shall be the effective date of the notice.

For the purposes of this section, material breach of this Agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of City's property by Consultant, dishonesty or theft.

Termination by City for Convenience
TheCitymay also terminatetheConsultant'sperformanceunderthis Agreement, either in whole or in part, at its own discretion, or when conditions encountered during theWork make it impossibleorimpracticabletoproceed,orwhentheCityispreventedfromproceedingwiththe Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason. The City shall provide no less than ten (10) DocuSign Envelope ID: 841D9D0B-201A-4329-8F1D-3CC68377A8E3 #9..
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De Novo Planning Group A-12 City of Modesto
Consultant Services Agreement for Specific Plan Preparation calendar days written notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide the Consultant with consultation with the City prior to termination.

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated; c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the Work not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the Consultant in performing the Work whether completed or in process; e. Settle outstanding liabilities and claims, subject to the approval of DocuSign Envelope ID: 841D9D0B-201A-4329-8F1D-3CC68377A8E3 #9..
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De Novo Planning Group A-13 City of Modesto
Consultant Services Agreement for Specific Plan Preparation City;
f. Complete performance of such part of the Work as has not been terminated;
g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work;
h. If City so requests, and at City's cost, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project. i. The Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain unacceptable and/or not useful to City as of the termination date.

City will pay Consultant an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to theConsultant after termination for convenience shall be limited to amounts due and owing under this Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subconsultant agreements or contracts for materials;
b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Consultant as DocuSign Envelope ID: 841D9D0B-201A-4329-8F1D-3CC68377A8E3 #9..
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De Novo Planning Group A-14 City of Modesto
Consultant Services Agreement for Specific Plan Preparation of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Consultant.

Authorization to Terminate Agreement
Termination of this Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the Consultant to appeal the City Manager, or his/her designee’s, decision to the City Council. The Consultant shall appeal by notifying the City Clerk in writing within ten (10) calendar days of receipt of written notification from City of termination of the Agreement. In the event that termination of this Agreement is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims, or any other claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.

16. CERTIFIED PAYROLL REQUIREMENT.

For consultants performing field work on public works contracts on which prevailing wages are required: The Consultant shall comply with the provisions of Section 1776 of the California Labor Code, regarding payroll records, and shall require its subconsultants and subcontractors to comply with that section as may be required by law.

17. INDEMNITY.

The Consultant shall hold the City, its agents, officers, officials, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent, reckless or DocuSign Envelope ID: 841D9D0B-201A-4329-8F1D-3CC68377A8E3 #9..
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De Novo Planning Group A-15 City of Modesto
Consultant Services Agreement for Specific Plan Preparation willful misconduct of Consultant, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement.

In no event shall the cost to defend charged to the Consultant exceed the Consultant’s proportionate percentage of fault. However, notwithstanding the foregoing, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the Consultant shall meet and confer with other parties regarding unpaid defense costs. Consultant's obligation to defend, indemnify, and hold the City, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for Consultant to procure and maintain a policy of insurance.

18. DISPUTE RESOLUTION.

All claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this Agreement provision shall be determined by binding arbitration in Modesto, California by one arbitrator, except as otherwise specified in this Agreement. The American Arbitration Association shall administer the arbitration under its Arbitration Rules then in effect, subject to the modifications of those rules contained in this paragraph. This agreement to arbitrate shall be specifically enforceable under the prevailing law of any court having jurisdiction, and the award rendered by the arbitrator may be entered in any court having jurisdiction. The appropriate venue for any arbitration or court proceeding relating to or arising out of this provision shall be in Stanislaus County, California.

DocuSign Envelope ID: 841D9D0B-201A-4329-8F1D-3CC68377A8E3 #9..
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De Novo Planning Group A-16 City of Modesto
Consultant Services Agreement for Specific Plan Preparation This paragraph is not intended to and does not waive the claim filing requirements found in California Government Code section 900 et seq. In the event that a timely and legally sufficient, arbitrable claim is filed by Consultant with City, and the claim is rejected in whole or in part by City, this paragraph shall result in the conclusive, final, and binding resolution of all the issues presented in the claim by Consultant so long as any issues presented by the claim are arbitrable. Claims rejected by City or by operation of law, shall be submitted by Consultant to arbitration pursuant to the Arbitration Rules of the American Arbitration Association within ninety (90) days after mailing of the written rejection by City to Consultant. Otherwise, the claim or claims shall be deemed waived in their entirety.

The “fast track’ rules of the American Arbitration Association shall apply to any claim or counterclaim less than ONE HUNDRED FIFTY THOUSAND AND 00/100 ($150,000.00) DOLLARS. In arbitration not proceeding under the “fast track” rules, the arbitrator shall have the power to order that depositions be taken and other discovery be made. Both City and Consultant shall have the right, upon written notice, to take no more than three (3) depositions of the other as a matter of right in an arbitration proceeding under the “fast track” rules.

Whether or not City and Consultant may be engaged in interstate commerce, any controversy or dispute mentioned above shall be determined by, and the parties shall be bound by, the substantive law of the State of California, and not the Federal Arbitration Act at 9 USC Section 1 et seq.

The arbitrator may grant any remedy or relief deemed by the arbitrator just and equitable under the circumstances, whether or not such relief could be awarded in a court of law. The arbitrator shall be empowered to award monetary sanctions against a party for failure of cooperation in the arbitration. The arbitrator shall, in written award, allocate all the costs of the DocuSign Envelope ID: 841D9D0B-201A-4329-8F1D-3CC68377A8E3 #9..
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De Novo Planning Group A-17 City of Modesto
Consultant Services Agreement for Specific Plan Preparation arbitration, including the fees of the arbitrator and the reasonable attorney fees of the prevailing party, against the party who did not prevail. The prevailing party shall be the party in whose favor the majority of the central issues in the case are resolved.

Notwithstanding anything in this provision to the contrary, the arbitrator shall have no power to award punitive damages or other damages not measured by the party’s actual damages (excluding litigation costs and fees) against any party. This limitation of the arbitrator’s powers under this Agreement shall not operate as an exclusion of the issue of punitive damages from this Agreement to Arbitrate sufficient to vest jurisdiction in a court with respect to that issue.

Consultant shall include in all subcontracts a specification whereby the subcontractor consents to being joined in an arbitration between City and Consultant involving the work of the subcontractor to be joined. Consultant’s failure to do so shall be a breach of this Agreement.

The parties hereby waive any rights provided by Title 9.2 of the California Code of Civil Procedure, Section 1296. The arbitrator’s award shall be deemed final, conclusive and binding to the fullest extent allowed by California law.

19. ENTIRE AGREEMENT.

This Agreement and its exhibits contain the entire understanding between Consultant and City. Additional or new terms contained in this Agreement which vary from Consultant's proposal are controlling and are deemed accepted by Consultant by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except DocuSign Envelope ID: 841D9D0B-201A-4329-8F1D-3CC68377A8E3 #9..
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De Novo Planning Group A-18 City of Modesto
Consultant Services Agreement for Specific Plan Preparation to the extent that they have been incorporated into this Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.

20. PARTIAL INVALIDITY.

If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

21. WAIVER.

The waiver by any party to this Agreement of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.

22. AUDIT.

The City's duly authorized representative shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Consultant's charges to City under this Agreement.

Consultant agrees to retain reports, records, documents, and files related to charges under this Agreement for a period of four (4) years following the date of final payment for Consultant services. City's representative shall have the right to reproduce any of the aforesaid documents.

23. GOVERNING LAW.

This Agreement shall be governed according to the laws of the State of California .

24. HEADINGS NOT CONTROLLING.

DocuSign Envelope ID: 841D9D0B-201A-4329-8F1D-3CC68377A8E3 #9..
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De Novo Planning Group A-19 City of Modesto
Consultant Services Agreement for Specific Plan Preparation Headings used in the Agreement are for reference purposes only and shall not be considered in construing this Agreement.

25. COMPLIANCE WITH LAWS.

Consultant shall insure compliance with all safety and hourly requirements for employees, in accordance with federal, state, and county safety and health regulations and laws.

Consultant shall fully comply with all applicable federal, state, and local laws, ordinances, regulations and permits.

26. CITY BUSINESS LICENSE.

Consultant will have a City of Modesto business license.

DocuSign Envelope ID: 841D9D0B-201A-4329-8F1D-3CC68377A8E3 #9..
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De Novo Planning Group A-20 City of Modesto
Consultant Services Agreement for Specific Plan Preparation IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2024-________, adopted by the Council of the City of Modesto on the day of , 2024, and Consultant has caused this Agreement to be duly executed in duplicate as of the Effective Date. (Signatures on next page)
12/9/2022 Reviewed by PH
5249084.1
DocuSign Envelope ID: 841D9D0B-201A-4329-8F1D-3CC68377A8E3 23rd April
128
#9..
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De Novo Planning Group
1020 Suncast Lane, Suite 106
El Dorado Hills, CA 95762
Statement of Qualifications
Specific Plan Consulting Services

EXHIBIT A
DocuSign Envelope ID: 841D9D0B-201A-4329-8F1D-3CC68377A8E3 #9..
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DE NOVO PLANNING GROUP
Specific Plan Consulting Services
1 August 8, 2023
Peter Ibrahim, Infrastructure Financing Program Supervisor City of Modesto
PO Box 642
Modesto, CA 95353
SUBJECT: Statement of Qualifications for Specific Plan Consulting to the City of Modesto Dear Mr. Ibrahim,
We understand that the City of Modesto is seeking a Statement of Qualifications (SOQs) from experienced planning firms for Specific Plan services. We understand that the preparation of Specific Plans will be a collaborative effort on the part of the project applicant and the City. Input shall also be obtained through the public process from community members and property owners and responsible agencies. Based on this input, the City strives to create Specific Plans that conforms to community-wide planning goals.

De Novo Planning Group is a land use and environmental planning firm with 23 employees, specializing in community planning, environmental studies, urban design, and development services. The firm’s principal-level staff have successfully completed hundreds of projects consisting of comprehensive general plans, specific plans, housing elements, environmental impact reports, negative declarations, initial studies, NEPA analyses, climate action plans, hazard mitigation plans, biological assessments, wetland delineations, and development projects throughout California. De Novo Planning Group has fullservice offices in northern California (Corporate Office – 1020 Suncast Lane, Suite 106, El Dorado Hills, CA 95762) and southern California (180 East Main Street, Suite 108, Tustin, CA 92780).

The De Novo team is experienced in providing Municipal Agencies with the desired services and brings the following unique benefits:

Success Providing On-Call Environmental Planning Services and Contract Staff Services. De Novo’s Principals have served as contract planning/environmental staff and provide on-call services for several agencies throughout California, including but not limited to: Citrus Heights, Tracy, Lincoln, Manteca, Lathrop, Brentwood, Davis, Rancho Cordova, Lake Forest, Santa Ana, Irvine, Rancho Santa Margarita, Fullerton, West Hollywood, Burbank, Lancaster, San Clemente, and Long Beach. We understand the role of staff in long range planning, and we pride ourselves on providing prompt and responsive services to our clients. Our team is well experienced with managing complex projects with a range of uses including hotel, office, mixed use, industrial, residential, alternative energy, hospitals, schools, and parks. Our past success has resulted in professional relationships that last years, and we continue to serve as resources for our clients well after individual projects have been completed.

Utilization of Technical Staff and Subconsultants. De Novo technical team members provide expertise in the areas of urban design, city and regional planning, and environmental planning. De Novo regularly teams with the region’s top subconsultants for transportation, infrastructure, noise, cultural studies, and specialized hazards and geology/soils studies, all of whom are leaders in their fields and have experience working on a wide range of projects throughout California.

Diversified Professional Expertise. One of the key things that sets our firm apart from our competitors is the unparalleled experience and diverse skill sets of our Principals. Our team members are experts in a DocuSign Envelope ID: 841D9D0B-201A-4329-8F1D-3CC68377A8E3 #9..
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DE NOVO PLANNING GROUP
Statement of Qualifications
2 wide range of planning disciplines, including environmental compliance, long-range planning (preparation of comprehensive general plans, specific plans, zoning codes, housing elements, and various ordinances), and development processing. Our team excels at providing meaningful and engaging public and community outreach, consensus building, and workshop facilitation.

Unparalleled Energy and Enthusiasm. All of De Novo’s principal-level planners greatly enjoy our line of work, and rather than spend our time managing large and cumbersome project teams comprised of junior-level planners, we prefer to roll up our sleeves and work on our projects ourselves. As managers of the company, we take great pride in our work products, and we strive to build a strong connection with each of our clients. Providing superior products and client services is a matter of tremendous pride for us, and we bring our high level of energy, creativity and enthusiasm to each project we undertake.

Benefits of a Boutique Planning Firm. All of De Novo’s principal-level staff have served as senior project managers with larger consulting firms, and through this experience we have gained intimate knowledge of some of the operational inefficiencies of large firms. We achieve cost savings through use of a streamlined team composed of De Novo Principals and principal- and senior-level staff of our subconsultants. Because we remain relatively small, we are able to offer our clients significantly lower rates, while still providing Principal-level attention to each project.

We are confident that our experience, record of success, and Principal-level attention to projects will prove to be extremely valuable to the City. We encourage you to contact our references regarding our ability to provide our services at the highest level of legal adequacy while consistently maintaining schedule and budget. Please contact Steve McMurtry at (916) 580-9818 or [email protected] if you have any questions or need any additional information.

Sincerely,

DE NOVO PLANNING GROUP
Steve McMurtry, Principal
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DE NOVO PLANNING GROUP
Specific Plan Consulting Services
3 Table of Contents
Table of Contents................................................................................................................................................................................... 3 A. Firm’s Qualifications.......................................................................................................................................................................... 4 B. Proposed Consultant Team............................................................................................................................................................. 5 C. Technical Approach ........................................................................................................................................................................24 D. Fee Schedule.....................................................................................................................................................................................26 E. Related Experience and References ............................................................................................................................................28 F. Samples of Work..............................................................................................................................................................................29 DocuSign Envelope ID: 841D9D0B-201A-4329-8F1D-3CC68377A8E3 #9..
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DE NOVO PLANNING GROUP
Statement of Qualifications
4 A. Firm’s Qualifications
De Novo Planning Group is a land use and environmental planning firm specializing in community planning, environmental studies, urban design, and development services. Incorporated in July 2008, De Novo Planning Group has successfully operated in the Sacramento, San Francisco Bay Area, Central Valley, Tahoe Basin, northern California coastal and inland regions. In 2017, De Novo opened an office in southern California, which has served clients throughout the Los Angeles basin, Orange County, and the Inland Empire. The firm’s principal-level staff have successfully completed hundreds of projects consisting of comprehensive general plans, specific plans, housing elements, environmental impact reports, negative declarations, initial studies, NEPA analyses, climate action plans, hazard mitigation plans, biological assessments, wetland delineations, and development projects.

Our Mission
Our mission is to provide municipal and private sector clients with worldclass professional services, through principal-level attention to every project. We pride ourselves on our ability to work with clients to balance the often-conflicting goals of economic, social, environmental, legal, and political forces. Our services result in an integrated planning and environmental solution for every project that is technically sound, cost effective, and delivered within the client's schedule.

Our Philosophy
Our philosophy is to proactively plan and design projects in such a way that public and environmental concerns are addressed and accommodated early in the process. We strongly believe in the use of our knowledge for developing sensible and cost-effective solutions to concerns. Our solutions integrate local knowledge with the best available resources to achieve recognized national and international standards for planning and environmental management, to achieve a balance in local economic, social, and environmental goals. De Novo Planning Group is dedicated to fostering a partnership with each agency we serve, through listening to the community and stakeholders and reflecting the ideas and concerns we hear in the approach developed for each project.

Official Name
De Novo Planning Group
Firm Locations
Northern California (Corporate):
1020 Suncast Lane, Suite 106
El Dorado Hills, CA 95762
916-580-9818
Southern California:
180 E. Main Street, Suite 108
Tustin, CA 92780
Years in Business/Providing
Service
16 Entity Type
California S-Corporation
Employees
23 Ownership
De Novo Planning Group is owned
by Principals Ben Ritchie, Steve
McMurtry, Beth Thompson, and
Amanda Tropiano.

Primary Point of Contact
Steve McMurtry
Principal Planner
916-580-9818
[email protected]
1020 Suncast Lane, Suite 106
El Dorado Hills, CA 95762
DocuSign Envelope ID: 841D9D0B-201A-4329-8F1D-3CC68377A8E3 #9..
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DE NOVO PLANNING GROUP
Specific Plan Consulting Services
5 B. Proposed Consultant Team
De Novo Planning Group serves as the Prime Consultant and lead preparer of Specific Plan documents. De Novo’s project management and technical staff have a deep knowledge of land use planning and urban design and have prepared plans throughout southern California. Our in-house team includes land use planners, urban designers, and environmental planners. Additionally, our team members have served as contract staff to local agencies and are familiar with the planning process and future uses of a planning documents.

De Novo has a project management team with exceptional experience, planning knowledge and on-call planning experience. To complement our in-house services, we have well-established partnerships with highly experienced technical consultants who specialize in the areas of transportation, infrastructure, noise, cultural studies, and specialized hazards and geology/soils studies. This section identifies the key personnel, their responsibilities, and qualifications. The proposed team members have the demonstrated capacity to perform all required services and all team members are adequately staffed and trained to perform the required services, as described in this section and demonstrated in the resumes that follow.

PROJECT MANAGEMENT TEAM
The De Novo project team will be under the management of Steve McMurtry, serving as the point of contact for the City. Steve will be supported by Co-Project Managers and Firm Principals, Christina Erwin, Ben Ritchie, Beth Thompson, who will further ensure supporting team members and resources are readily available and provide overall quality assurance.

Located in the El Dorado Hills office, Steve has over 22 years of experience preparing and managing land use planning documents and CEQA documents throughout California. Steve will be responsible for the day-to-day management and supervision of the De Novo team on all future assignments and will ensure the planning documents are thorough and comply with State law. Steve will review all internal and external work products and be responsible for overseeing and conducting any revisions and providing overall quality control and quality assurance throughout the project’s duration. A team member will also attend scheduled meetings, and in addition to key team members, will represent the project team at public hearings.

A Co-Project Manager will serve as a second point of contact to the City and be responsible for ensuring De Novo’s successful completion of each task, as well as ensuring that the City’s goals and expectations are being met. This includes assisting with review of documents prior to formal submittal and providing quality assurance/quality control. This principal-level attention to each detail of the project ensures a high-quality work product as well as continuity throughout the project.

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DE NOVO PLANNING GROUP
Statement of Qualifications
6 De Novo Planning Group
Management Team
Steve McMurtry, Principal Planner
Project Manager, Primary Point of Contact
- Lead document preparer
- Issue area study preparer
- Biology
- Air quality/health risk assessments
- Greenhouse gas emissions/energy
Christina Erwin, Principal Planner
Co-Project Manager
- Lead document preparer
- Issue area study preparer
- Public outreach and communications
- Quality control
Ben Ritchie, Principal Planner
Co-Project Manager
- Lead document preparer
- Issue area study preparer
- Public outreach and communications
- Quality control
Beth Thompson, Principal Planner
Co-Project Manager
- Lead document preparer
- Issue area study preparer
- Public outreach and communications
- Quality control
Technical Team
Elise Laws
Senior Planner
Megan Knowles
Senior Planner + Designer
Josh Smith, AICP, LEED-AP
Senior Planner
Erik Anderson
Associate Planner
Jeff Setterlund
Associate Planner
Subconsultant Team
Fehr and Peers
Traffic
Ellen Polling, TE – Senior Associate
Ian Barnes, PE – Senior Associate
Saxelby Acoustic
Noise
Luke Saxelby – Principal Consultant
Rex Crane – Acoustic and Vibration Engineer
West Yost (Utility Engineering)
Elizabeth Drayer, PE – Principal
Amy Kwong, PE – Principal
Roger Chu, PE - Associate
Peak Associates (Cultural)
Melinda Peak – Principal Investigator
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EDUCATION
BS, Natural Resources
Management,
Cal Poly San Luis Obispo

ORGANIZATIONS
Licensed Real Estate Broker,
#01380263
Mr. McMurtry is a Principal with De Novo Planning Group and is responsible for project management, preparation of environmental documents, land use plans, air quality modeling, biological assessments, LESA modeling, regulatory permitting, litigation support, and expert witness testimony. He has successfully led multidisciplinary teams to complete hundreds of environmental, land use planning, and development projects in 32 California counties. Mr. McMurtry’s experience includes service in engineering and planning firms, as well as in the building industry. He has served as the project manager for thirteen RTP EIRs in California and is known as an expert in transportation environmental planning. His environmental experience encompasses public outreach/facilitation, policy/program development, document writing/processing, and permitting. Mr.

McMurtry has extensive experience preparing environmental documents and obtaining regulatory permits for state and federally funded projects, including projects within the State Highway System. Because of his expertise, he has been called on for litigation support and expert witness testimony relative to environmental and CEQA issues.

Steve McMurtry

PRINCIPAL
South Lathrop Specific Plan EIR,
City of Lathrop
Truckee Planned Community 3
(Specific Plan 3) EIR,
Town of Truckee
Cannery Park Master Plan EIR,
City of Davis
Crossroads West Specific Plan EIR,
City of Riverbank
PA-1 Specific Plan and EIR,
City of Brentwood
5175 Vincent Avenue Initial
Study/MND,
City of Irwindale
Seraphina Initial Study/MND,
City of Temecula
LDS Church Initial Study/MND,
City of San Juan Capistrano
Griffin Park Master Plan EIR,
City of Manteca
Whisper Ridge Hotel Resort and Golf
Course Master Plan EIR,
City of Oroville
Silverado Master Plan EIR,
City of Elk Grove
Tra Vigne Master Plan EIR,
City of Stockton
Ventana Specific Plan EIR,
City of Merced
Madera 5-Bridges Specific Plan EIR,
City of Merced
Atwater South Specific Plan EIR,
City of Atwater
Morgan Ranch Specific Plan EIR,
City of Turlock
Family Entertainment Zone Master
Plan EIR,
City of Manteca
Pilot Flying J EIR,
City of Tulare
Pilot Flying J EIR,
City of Lathrop
2015 Placer County RTP EIR,
Placer County Regional Transportation
Planning Agency
2011 San Joaquin County RTP EIR
San Joaquin Council of Governments,
2012 Butte County MTP and SCS
EIR,
Butte County Association of
Governments
2015 Amador County RTP EIR,
Amador County Transportation
Commission
Merced County 2014 RTP EIR,
Merced County Association of
Governments

RELEVANT PROJECT EXPERIENCE
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EDUCATION
BS, Environmental Policy Analysis
and Planning, University of California,
Davis

ORGANIZATIONS
Urban Land Institute
Christina Erwin is a principal planner with De Novo Planning Group and has more than 22 years of experience in environmental planning for public- and privatesector clients throughout the California Central Valley. She has successfully managed many environmental planning projects involving urban infill, new land development, major sports and entertainment venues, general plans, and largescale specific plans. Christina’s specialty is working on technically and politically complex, multifaceted projects that require a high degree of coordination and interface with multiple stakeholders. She develops and guides the strategic application of CEQA for projects, with a focus on streamlining environmental review, providing rigorous environmental analysis, identifying implementable mitigation measures, and helping clients achieve their project objectives. Christina has significant experience working on prominent projects and delivering high quality environmental documents within strict timeframes.

Christina Erwin

PRINCIPAL PLANNER
Downtown Specific Plan Addendum,
City of Vacaville*
Innovation Park Planned Unit
Development EIR,
City of Sacramento*
Central City Specific Plan EIR,
City of Sacramento*
Sacramento Entertainment and Sports
Center & Related Development
(Golden 1 Center) EIR,
City of Sacramento*
Sacramento Railyards Specific Plan
Update, Kaiser Permanente Medical
Center, Major League Soccer Stadium
& Stormwater Outfall Subsequent EIR,
City of Sacramento*
Village 5 Specific Plan EIR,
City of Lincoln*
Upper Westside Specific Plan EIR,
Sacramento County*
Inglewood Basketball and
Entertainment Center EIR,
City of Inglewood*
Lakeside at Sutter Pointe Addendum,
Sutter County*
Burbank2035 EIR,
City of Burbank*
2030 General Plan Master EIR,
City of Sacramento*
Convention Center Renovation and
Expansion & 15th/K Street Hotel
Projects EIR,
City of Sacramento*
Richards Boulevard Office Complex
Project EIR,
City of Sacramento*
Sacramento Valley Station Area Plan
Addendum,
City of Sacramento*
Tower 301 EIR,
City of Sacramento*
Campus Oaks/Hewlett-Packard
Master Plan EIR Addendum,
City of Roseville*
Element Hotel and Coca Cola
Building Project Addendum,
City of Sacramento*
Arden Gateway Village Infill
Environmental Checklist,
City of Sacramento*
Ice Blocks Mixed Use Development
Project Tiered MND
City of Sacramento*
Sutter County Truck Yard Study,
Sutter County*
Natomas Quad B Office Project
(Centene Corporation Headquarters)
Addendum,
City of Sacramento*

RELEVANT PROJECT EXPERIENCE
* Project was completed by Ms. Erwin while she was employed at another environmental firm DocuSign Envelope ID: 841D9D0B-201A-4329-8F1D-3CC68377A8E3 #9..
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EDUCATION
MA, City and Regional Planning,
Cal Poly San Luis Obispo
BA, Political Science and History,
Cal Poly San Luis Obispo

ORGANIZATIONS
American Planning Association
Association of Environmental
Professionals
Mr. Ritchie is a founding principal at De Novo Planning Group with over 17 years of experience. Mr. Ritchie’s expertise includes managing long range planning documents, completing complex and controversial CEQA documents, and facilitating community outreach and public communications efforts for the firm. His experience includes a variety of land use, transportation, and sustainability projects throughout California. Mr. Ritchie has extensive knowledge of the California Environmental Quality Act (CEQA) and has assisted jurisdictions in drafting and updating their local CEQA implementation guidelines. He served as the Environmental Coordinator for the City of Rancho Cordova, where he oversaw the environmental planning division and the preparation of all CEQA documents prepared by staff and outside consultants. This experience has given him the knowledge of how local agencies use and implement planning documents, and specifically general plans, on a day to day basis.

Ben Ritchie

PRINCIPAL
General Plan Update and EIR,
City of Lake Forest
General Plan Update and EIR,
City of La Verne
General Plan Update, Zoning Code
Update, Climate Action Plan, and EIR,
City of San Jacinto
General Plan Update, Housing
Element, and EIR,
City of Brentwood
PA-1 Specific Plan and EIR,
City of Brentwood
General Plan and Zoning Code
Update, Housing Element, and EIR,
City of Sebastopol
General Plan Update, Housing
Element and EIR,
City of Cotati
General Plan Update, Housing
Element, Zoning Code Update and
EIR,
Colusa County
General Plan Update EIR and Climate
Action Plan,
City of Foster City
Sustainability Element and Climate
Action Plan EIR,
City of Elk Grove
General Plan Update and EIR, General
Plan Annual Report, Genera Plan
Implementation Plan, Housing
Element Updates, and EIR Addendum
City of Lakeport
General Plan Update, Climate Action
Plan, and EIR,
City of Campbell
General Plan Update and EIR,
City of Milpitas
General Plan Update and EIR,
City of Lakeport
General Plan Update and EIR,
City of Manteca
Seraphina MND,
City of Temecula
LDS Church Initial Study/MND,
City of San Juan Capistrano
The Cannery EIR,
City of Davis
West Area Specific Plan EIR,
City of Salinas
Joerger Ranch Specific Plan EIR,
Town of Truckee
Sterling 5th Street Apartments EIR,
City of Davis
Home2Suites MND,
City of Tracy

RELEVANT PROJECT EXPERIENCE
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EDUCATION
BS, Environmental and Resource
Science,
University of California, Davis

ORGANIZATIONS
American Planning Association
Beth is a principal with De Novo with over 25 years of professional planning experience. Her responsibilities include general plan preparation and management, senior review of environmental documents, environmental planning, Housing Element updates, policy document preparation, and contract planning. Beth specializes in community planning as well as CEQA and NEPA compliance. Her experience includes the preparation and management of numerous General Plan projects. She also has extensive experience preparing and managing General Plan EIRs, development EIRs for a range of project types from ski resort master plans to hospital facilities to subdivisions. Beth is an industry leader in the field of Housing Elements and General Plans, and she has a proven track record of successfully completing environmental and planning documentation for complex projects. While with Laurin Associates (now a subsidiary of Raney Planning and Management) Ms.

Thompson prepared over sixty housing feasibility and market studies for single family and multifamily residential projects in urban and rural areas throughout the US). The market and feasibility studies identified market demand for the proposed housing types, estimated capture rates, identified applicable fees, and known constraints to development.

Beth Thompson

PRINCIPAL
General Plan Update, Housing
Element, and EIR
City of Brentwood
General Plan Update and EIR,
Housing Element
City of Cotati
General Plan Update and EIR
City of Manteca
General Plan Update and EIR, Zoning
Code Update, Housing Element, and
On-Call Staffing
City of Sebastopol
General Plan Update EIR and Climate
Action Plan
City of Foster City
Sustainability Element and Climate
Action Plan EIR/Housing Element EIR
City of Elk Grove
General Plan Annual Report & Implementation Plan, Housing Element Updates (4th, 5th, & 6th Cycles), and
EIR Addendum
City of Lakeport
Springs Specific Plan and EIR
Sonoma County
Housing Element – 4th Cycle
City of Half Moon Bay
Housing Element – 5th Cycle;
Focused General Plan Update
City of Oakley
Housing Element – 4th & 5th Cycle
City of Ripon
Housing Element – 5th & 6th Cycle
City of Winters
Housing Element – 6th Cycle
Shasta County
Housing Element (6th Cycle),
Inclusionary Housing Study, and
Zoning Code Update
Yolo County
Housing Element Update EIR – 5th
Cycle
City of Novato
Cottage Senior Apartments NEPA
City of Manteca
Blue Mountain Terrace NEPA
City of Manteca
The Ranch EIR,
City of Rancho Cordova
Vineyards at El Dorado Hills EIR
El Dorado County
Brownfields Site Reuse and
Revitalization Planning
City of Pittsburg
CEQA Documentation: General Plan
Update and Zoning Code Update
Town of Yountville

RELEVANT PROJECT EXPERIENCE
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EDUCATION
BS, Environmental Policy and
Planning,
University of California, Davis
Elise is a Senior Planner with De Novo. She has over 10 years of environmental consulting experience completing both CEQA and NEPA documentation in the public and private sectors, as well as collaborating on long-rang planning documents. Elise has worked on a variety of projects throughout California, including large-scale, controversial development projects, Specific and Master Plans, and General Plan Updates. Examples include the West Davis Active Adult Community EIR (City of Davis), Eastview Specific Plan and Annexation EIR (City of Galt), College Park EIR (City of Rocklin), Sebastopol Zoning Code Update (City of Sebastopol), and City of Campbell General Plan Update. Her other skills include air quality modeling using the California Emissions Estimator Model (CalEEMod), California Natural Diversity Database and RareFind research, public outreach and facilitation, and project organization and management.

Elise Laws

SENIOR PLANNER
Sonoma Springs Specific Plan and EIR,
Sonoma County
Tra Vigne Development Project EIR,
City of Stockton
West Davis Active Adult Community
EIR,
City of Davis
College Park EIR,
City of Rocklin
5175 Vincent Avenue EIR,
City of Irwindale
South Lathrop SP EIR,
City of Lathrop
Truckee PC-3 SP EIR,
Town of Truckee
Pilot Flying J EIR,
City of Tulare
West Area Specific Plan EIR,
City of Salinas
Oakwood Trails EIR,
City of Manteca
Oakwood Landing EIR,
City of Manteca
Griffin Park Master Plan EIR,
City of Manteca
Calaveras SR 49 Land Use Study,
Calaveras Council of Governments
Sunrise Tomorrow Specific Plan EIR,
City of Citrus Heights
Crossroads West Specific Plan EIR,
City of Riverbank
Griffin Park Master Plan Project EIR,
City of Manteca
Milpitas General Plan Update,
City of Milpitas
Campbell General Plan Update,
City of Campbell
Manteca General Plan Update,
City of Manteca
Sebastopol Zoning Code Update,
City of Sebastopol
Legacy Trail CEQA and NEPA
Documents,
Town of Truckee
Pilot Flying J EIR,
City of Lathrop
Vineyards at El Dorado Hills,
El Dorado County

RELEVANT PROJECT EXPERIENCE
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EDUCATION
MCP, City Planning, Urban Design
Concentration
University of Pennsylvania,
Philadelphia

BS, Urban, Rural, and
Environmental Planning,
Brigham Young University, Provo

Research,
Cambridge University (UK), Pembroke
College

ORGANIZATIONS
Urban Land Institute
American Planning Association
U.S. Green Building Council
LEED AP BD+C,
Credential Id # 10433552-AP-BD+C
Megan Thorne is a senior planner and designer with De Novo Planning Group. With over 15 years of professional planning experience, Megan has worked on a wide variety of planning projects for public and private sector clients, including numerous general plans, specific plans, corridor plans, site plans, design guidelines, strategic plans, sustainability programs, visioning projects, transit-oriented development plans, zoning documents, outreach programs, and 3D visualizations. Megan possesses the ability to think creatively and envision change while keeping projects grounded with achievable benchmarks and implementable policy goals. She excels at communicating complex information and policy ideas in a compelling and simple manner. As a designer, Megan has differentiated herself with her hand-drawing abilities as well as her technical skills. Her technical expertise includes 3D modeling, graphic design, and web design. She continues to pioneer ways new technology can improve old processes from community outreach approaches to the web-publication of planning documents.

Megan Knowles, LEED AP BD+C
General Plan Update and EIR,
City of San Jacinto
General Plan Update and EIR,
City of La Verne
General Plan Update and EIR,
City of Lake Forest
General Plan Update and EIR,
City of Westminster*
General Plan Update and EIR
City of San Marcos
ADU Ordinance and Guidebook,
City of Ione
City of Bellflower Sign Code Update
City of Bellflower
Irvine Neighborhood Plan
City of Irvine
California High Speed Rail: Palmdale
to Burbank Segment
City of Palmdale, City of Burbank*
West Carson Transit-Oriented
Development Specific Plan
City of West Carson*
Downtown Bellflower TransitOriented Development Specific Plan City of Bellflower*
SCAG 2016 RTP/SCS: Content
Authoring and Web Solution
Southern CA Association of
Governments*
Morena Corridor Specific Plan
City of San Diego*
De Anza Revitalization Plan
City of San Diego*
Long Beach Southeast Area (SEASP)
Specific Plan
City of Long Beach*
Stanton Plaza Specific Plan
Amendment and EIR Addendum
City of Stanton*
Airport Gateway Specific Plan
Inland Valley Development Agency*
Crafton Hills College Village Overlay
Zone
City of Yucaipa*
Livermore Downtown Visioning & Site
Planning
City of Livermore*
The Highlands, Tesoro Del Valle
Master Plan
Newport Pacific Land*
Tesoro Viejo Master Plan
Madera County*
Harmony Specific Plan
Lewis Companies, City of Highland*
SAVI Ranch Land Use and Mobility
Vision Plan
City of Yorba Linda*
LA County Parks Needs Assessment
Los Angeles County*
Measure A Parks Implementation
Los Angeles County*

RELEVANT PROJECT EXPERIENCE
* Project was completed by Ms. Thorne while she was employed at another planning firm DocuSign Envelope ID: 841D9D0B-201A-4329-8F1D-3CC68377A8E3 #9..
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EDUCATION
BS, Environmental Policy Analysis
and Planning,
University of California, Davis

ORGANIZATIONS
American Planning Association

ACREDITATIONS
AICP
LEED AP O+M
Josh Smith, AICP, is a Senior Planner with De Novo. He has twelve years of experience and is responsible for the preparation of CEQA/NEPA documents (Initial Studies, Negative Declaration, Environmental Impact Reports, and Environmental Assessments), the development of air quality and greenhouse gas technical plans and reports, and climate change planning for local governments.

Josh has extensive experience with air quality, greenhouse gas, and energy modeling, including criteria air pollutant and air dispersion modeling. Josh also has substantial experience developing Climate Action Plans, Energy Action Plans, and toxic air contaminant (TAC) Health Risk Assessments. He served as the primary technical analyst on the Pleasanton, Oakdale, and Hughson Climate Action Plans, and has managed EIRs such as the Manteca Annexation #1 EIR, Placer County RTP EIR, and Amador County RTP EIR. Josh has additional expertise utilizing best-practice standards for developing greenhouse gas (GHG) inventories and context-specific GHG mitigation measures, as well as developing custom air pollutant emissions calculators for complex projects.

Josh Smith, AICP, LEED AP

SENIOR PLANNER
5175 Vincent Avenue MND,
City of Irwindale
South Lathrop SP EIR,
City of Lathrop
Truckee PC-3 SP EIR,
Town of Truckee
Pilot Flying J EIR and HRA,
City of Tulare
Amador County RTP EIR,
Amador County Council of Governments
Placer County RTP EIR,
Placer County Regional Transportation
Planning Agency
Pilot Flying J EIR and HRA,
City of Lathrop
West Area Specific Plan EIR,
City of Salinas
Oakwood Trails EIR,
City of Manteca
Oakwood Landing EIR,
City of Manteca
Griffin Park Master Plan EIR,
City of Manteca
Legacy Trail CEQA and NEPA
Documents,
Town of Truckee
Sonoma Springs Specific Plan and
EIR,
Sonoma County
Sterling Apartments EIR,
City of Davis
Milpitas General Plan Update,
City of Milpitas
Campbell General Plan Update,
City of Campbell
Manteca General Plan Update,
City of Manteca
Manteca Annexation #1 EIR,
City of Manteca
Tra Vigne Development Project EIR,
City of Stockton
Gardena U-haul MND,
City of Gardena
Citrus Heights Sunrise Tomorrow EIR
City of Citrus Heights
Fullerton 1901 Via Burton MND
City of Fullerton
Pleasanton Climate Action Plan
City of Pleasanton*
Hughson Climate Action Plan
City of Hughson*
Hughson Climate Action Plan
City of Hughson*
Rialto Travel Center EIR and HRA
City of Rialto
Palmdale HRA
City of Palmdale

RELEVANT PROJECT EXPERIENCE
* Project was completed by Mr. Smith while she was employed at another planning firm
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EDUCATION
BA, Political Science,
University of California, Los Angeles
Master of City and Regional
Planning,
Cal Poly, San Luis Obispo

ORGANIZATIONS
American Planning Association
Association of Environmental
Professionals
Congress for the New Urbanism
AWARDS
2019 California Planning Foundation,
Central Coast Section Scholarship
2019 & 2020 Errett Fisher Foundation
Scholarship
Erik has worked on a diverse range of projects for public and private sector clients, with a focus on environmental and sustainability planning, land-use planning, and policy development. Erik provides project support in the preparation of CEQA documentation and long-range planning documents, including General Plans, Housing Elements, and Zoning updates. His experience includes grassroots lobbying with a non-profit environmental organization and work in the legal field.

Erik is passionate about serving communities and creating innovative work through place-based development strategies.

Erik Anderson

ASSOCIATE PLANNER
General Plan Update, Zoning Update,
and EIR
City of San Jacinto
General Plan Update, Hawthorne Blvd
Specific Plan Update, and EIR
City of Lawndale
Zoning Update and Addendum to
General Plan EIR
City of Westminster
General Plan Update and EIR
City of Jackson
General Plan Update and EIR
City of Red Bluff
Mountain House Incorporation IS/ND
San Joaquin County
SR-120 Interchange IS/MND
City of Lathrop/Caltrans
Circulation Element Update IS/ND
City of Bell Gardens
U-Haul Expansion IS/MND
City of Gardena
Pilot Travel Center IS/MND
City of Moreno Valley
Applied Medical Expansion IS/MND
City of Lake Forest
2500 North Hollywood Way EIR
City of Burbank
Harper Project EIR
City of West Hollywood
Focused General Plan Update
City of Glendale
Local Hazard Mitigation Plan
Laguna Hills, CA
Housing and Safety Element Update
City of Rancho Santa Margarita
Housing Element Update (6th Cycle)
Cities of Lawndale, Glendale,
Hawthorne, La Verne, Avalon, Lake
Forest, Rancho Santa Margarita,
Westminster, Temecula, and San
Jacinto
General Plan Update
City of McFarland*
McFarland Zoning Code Update
City of McFarland*

RELEVANT PROJECT EXPERIENCE
* Project was completed by Mr. Anderson while enrolled as a Graduate Student in City and Regional Planning at Cal Poly, San Luis Obispo
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Courtney is an Assistant Planner with De Novo Planning. She earned a B.S. in City and Regional Planning with a minor in Sustainable Environments from Cal Poly, San Luis Obispo. Courtney has a passion for community planning and has participated in public outreach efforts for cities throughout Southern California.

Courtney work focuses on environmental projects and has worked on a variety of CEQA projects for land development and public policy document projects. She has worked on projects at the programmatic level and at the project-specific level, allowing her to better understand the impacts planning decisions have on both the surrounding communities and individuals.

Courtney has worked on a range of planning projects, including Climate Vulnerability Assessments and General Plan Updates throughout California.

Courtney Marchi

ASSISTANT PLANNER

EDUCATION
BS, City and Regional Planning,
California Polytechnic State University,
San Luis Obispo

ORGANIZATIONS
American Planning Association
AWARDS
2021 Academic Award of Excellence,
APA Central Coast Division
General Plan Update, Zoning Update,
and EIR
City of San Jacinto
General Plan Update EIR,
City of La Verne
General Plan Update EIR,
City of Martinez
Housing Element Update EIR,
City of Sausalito
Pilot Travel Center Project EIR,
City of Moreno Valley
Pilot Travel Center Project EIR,
City of Perris
Harper Project EIR,
City of West Hollywood
2500 North Hollywood Way EIR,
City of Burbank
Great Scott Tree Service IS/MND,
City of Lake Forest
Applied Medical Expansion Project
EIR,
City of Lake Forest
Soma Apartments IS/MND,
City of Manteca
U-Haul Expansion Project IS/MND,
City of Gardena
Climate Vulnerability Assessment,
Cities of Lake Forest, Gardena,
Stanton, and Bradbury
Environmental Justice Element
Update,
City of Anaheim
Environmental Justice Element
Update,
City of Gardena
General Plan Update,
City of San Marcos
General Plan Annual Progress
Report,
City of San Marcos
Background Report & General
Plan Policy Update,*
City of San Joaquin
Downtown Tracy Light Rail
Specific Plan,*
City of Tracy
Urban Design Visions,*
City of San Martin
General Plan Update,
County of Orange

RELEVANT PROJECT EXPERIENCE
* Project was completed by Marchi while enrolled as an Undergraduate Student in City and Regional Planning at the California Polytechnic State University, San Luis Obispo DocuSign Envelope ID: 841D9D0B-201A-4329-8F1D-3CC68377A8E3 #9..
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EDUCATION
BS, City and Regional Planning,
California Polytechnic State University,
San Luis Obispo

ORGANIZATIONS
American Planning Association
AWARDS
2014 1st Place Sacramento Regional
Design Competition, ACE Mentorship
Program, Sacramento Valley Section
Jeff is an Assistant Planner with De Novo and joins our team having recently earned his B.S. in City and Regional Planning from Cal Poly San Luis Obispo. Jeff is passionate about serving communities and creating innovative work through land use planning and design. He is an active member of the APA ambassador program and the APA Small Town & Rural program. Jeff works on a variety of projects for De Novo, including General Plan updates and CEQA documentation.

Jeffrey Setterlund

ASSISTANT
Glenn County General Plan Update,
Glenn County
Willows General Plan Update,
City of Willows
West Area Specific Plan EIR,
City of Fresno
College Park EIR,
City of Rocklin
Lathrop General Plan Update,
City of Lathrop
Wackerly Annexation Plan,
City of Manteca
Campbell General Plan Update,
City of Campbell
Milpitas General Plan Update,
City of Milpitas
Housing Element Update,
City of Escalon
Housing Element Update,
City of Lakeport
Housing Element Update,
Shasta County
Parlier Community Plan Update,
City of Parlier*
Bickford Ranch Specific Plan,
Placer County*
Sunset Industrial Area Specific
Plan,
Placer County*
Placer Ranch Specific Plan,
Placer County*
High Speed Rail Station Area Plan
(Practicum),
City of Riverside*
Downtown Plan (Practicum),
City of San Luis Obispo*
Waterfront Resiliency Project,
City of San Francisco*
Community Plan Update
(Practicum),
Avila Beach*
Corridor Redevelopment Vision,
Meadow Vista*
Secondary Dwelling Code Update,
Placer County*
Housing Element Update,
Placer County*

RELEVANT PROJECT EXPERIENCE
* Project was completed by Mr. Setterlund while enrolled as an Undergraduate Student in City and Regional Planning at the California Polytechnic State University, San Luis Obispo or while he was employed at another planning firm
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Ellen Poling
Senior Associate
100 Pringle Avenue.

Suite 600
Walnut Creek, CA 94596
925.930.7100
Walnut Creek | Denver | Honolulu | Inland Empire | Oakland | Orange County | Roseville Sacramento | Salt Lake City | San Diego | San Francisco | San José | Seattle | Washington DC about
Ellen has 30 years of experience managing transportation planning and traffic engineering projects. Her projects have included traffic impact studies, environmental impact report transportation chapters, general and specific plan transportation elements, neighborhood traffic calming
studies, freeway interchange project reports, and
university-related studies covering a wide array of issues, including origin-destination surveys, trip generation
surveys, and policy analysis. Her particular areas of
expertise include university and city planning studies, environmental review under CEQA, and development site
traffic engineering review. Her recent city clients include Benicia, Fairfield, Lafayette, Moraga, Pleasant Hill, San Ramon, Stockton, and Vallejo; recent college and
university clients include UC Berkeley, UC Davis, UC
Riverside, UC Merced, CSU East Bay, Stanford University, Mills College, and University of San Francisco.
education
B.S. in Aeronautical Engineering, University of California, Davis, 1986
affiliations
Institute of Transportation Engineers: Member
registrations
Licensed Traffic Engineer, State of California (#1723)
Licensed Mechanical Engineer, State of California (#27941) expertise
• General Plans
• Specific Plans
• University and College Campus Planning
• Traffic Impact Analysis
• Site Access and Circulation Evaluation
• Parking Studies
• Highway Project Development
public service
Lafayette Circulation Commission: 1997 – 2011
publications & presentations
Downtown at the Crossroads: Balancing Capacity Needs
with Quality of Life in Lafayette, CA (Institute of
Transportation Engineers, 2000 National Meeting)
The Roundabout Solution for a Campus Gateway
(Transportation Research Board 4th International
Conference on Roundabouts, April 2014)
project experience
North Downtown Specific Plan (Walnut Creek, CA)
Fehr & Peers is kicking off the transportation planning work for the North Downtown Specific Plan in Walnut
Creek. The Plan area is bounded by Parkside Drive, Civic Drive, California Avenue, Pringle Avenue, and I-680. Our tasks include a baseline traffic operations and
transportation infrastructure report, developing land use and transportation alternatives, multi-modal evaluation of alternatives, preparing the transportation chapter of the Specific Plan, and completing the transportation
impact analysis for the Specific Plan EIR.

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Ian Barnes, PE
Senior Associate/Stockton Office Leader

EDUCATION
Master of Science in Civil Engineering,
University of California, Berkeley, 2011
Bachelor of Science in Civil Engineering,
Magna Cum Laude, California Polytechnic
State University – San Luis Obispo, 2010

REGISTRATIONS
Professional Engineer, State of California
(#C81389)

AFFILIATIONS
Institute of Transportation Engineers (ITE),
Legislative Chair
Founding Officer of the San Francisco Bay
Area chapter of the Young Professionals in
Transportation

PUBLICATIONS
Impact of Peak and Off Peak Tolls on Traffic in
the San Francisco-Oakland Bay Bridge Corridor
(lead author), UC Berkeley Global Metropolitan
Studies, 2011

EXPERTISE
• Traffic operations analysis for PID and PA/ED
• Arterial Traffic Operations
• Senate Bill 743 CEQA VMT analysis for
transportation infrastructure projects
• Technical Software: VISSIM; SYNCHRO/
SIMTRAFFIC; HCS; TRAFFIX
• Microsimulation modeling
ABOUT
Ian Barnes is an award-winning Senior Associate in Fehr & Peers’ Stockton office, where he also serves as Office Leader. Mr. Barnes has over 10 years of experience in multimodal planning and operations analysis over a broad spectrum of settings in the Bay Area and Northern California. He is an expert in microsimulation modeling, including extensive experience with the VISSIM and SimTraffic software analysis packages. His studies focus on complex arterial networks, as well as complex freeway systems. He previously served as the Legislative Chair of the Institute of Transportation Engineers San Francisco Bay Area Section, and was a founding officer of the San Francisco Bay Area chapter of the Young Professionals in Transportation professional society.

SELECT PROJECT EXPERIENCE
State Route 120/Union Road Diverging Diamond Interchange (Manteca, CA)
The SR 120/Union Road interchange serves as a key regional transportation mobility node for the City of Manteca and San Joaquin County as a whole; efficient and safe multimodal operations at the interchange are critical to maintain the quality of life for residents, employees and visitors of the area, while continuing to ensure the function of key economic drivers for the local community. Given the high traffic demands placed on the interchange, an innovative, first-in-California Diverging Diamond Interchange (DDI) concept, along with a grade separated bicycle/pedestrian “ribbon path,” was advanced as the preferred alternative for the project.

Fehr & Peers provided transportation consulting services for the SR 120 / Union Road Diverging Diamond Interchange (DDI) Project in the City of Manteca, including completed the PA&ED phase Traffic Operations Analysis Report (TOAR) for the project. Being committed to providing an efficient and cost-effective analysis of the transportation impacts of the proposed project, we used as much information from prior studies completed by Fehr & Peers for transportation infrastructure and land use projects in the area. The analysis fully evaluated the Diverging Diamond Interchange (DDI) Project and provided improved access from southbound Union Road into the Promenade Shops – Orchard Valley. The TOAR was conducted in conjunction with Caltrans District 10’s policies for transportation analysis and traffic forecasting; relationships with District 10 staff were critical in advancing this innovative interchange design through the Caltrans process. Ian served as the Deputy Project Manager and Technical Manager for this project.

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LUKE SAXELBY, INCE Bd. Cert.

Principal Consultant at Saxelby Acoustics
915 Highland Pointe Drive, Suite 250 | (916) 760-8821 | [email protected] | SaxNoise.com Mr. Saxelby has been practicing acoustic and noise control engineering for the past 21 years and is a Board Certified member of the Institute of Noise Control Engineering (INCE). He is an expert in the requirements of the California Environmental Quality Act (CEQA) relating to noise impacts and has been involved in the preparation of hundreds of noise studies, including CEQA Environmental Impact Reports (EIR) and Mitigated Negative Declarations (MND). He is also a recognized expert witness in issues relating to building acoustics and noise control and has given testimony on various legal projects including construction defect claims and CEQA litigation.

Mr. Saxelby has extensive experience in the use of complex noise modeling programs including the Federal Highway Administration (FHWA) Traffic Noise Model (TNM), the CadnaA (Computer Aided Noise Abatement) sound prediction model, SoundPLAN acoustic model, the Federal Aviation Administration’s (FAA) Integrated Noise Model (INM), and the Enhanced Acoustic Simulator for Engineers (EASE) model. He has also developed many custom computer models used in his practice. Special interests and areas of practice include the application of noise control techniques for mechanical systems, building noise control design, low noise HVAC systems, and architectural acoustics.

KEY EXPERIENCE
▪ Airstrip/Helipad Noise Assessment
▪ Architectural Acoustics Design and Testing
▪ Community Noise Ordinance Development
▪ Compliance Monitoring
▪ Construction Noise/Vibration Analysis
▪ EIR / MND / EIS / HUD Noise Assessments
▪ Expert Witness
▪ General Plan Noise Element Development
▪ Green Building Code Analysis
▪ Industrial Noise Control
▪ Low Noise HVAC Design
▪ Master Plan / Community Plan Noise
▪ Mining Noise Assessment
▪ Peer Review
▪ Transportation Noise Studies
▪ Wind Turbine Noise Analyses

EDUCATION/TRAINING/PROFESSIONAL AFFILIATIONS
▪ Institute of Noise Control Engineering (INCE) | Board Certified (2011) ▪ FHWA Traffic Noise Model (TNM) Training Course | Burlington, MA (2005 ▪ B.S. Mechanical Engineering | California State University | Sacramento, California (1999-2004) ▪ Board for Professional Engineers and Land Surveyors: Engineer-In-Training (EIT) #116045 (2003)

PUBLICATIONS
▪ Noise Control for a Metal Shredder and Recycling System | Sound & Vibration Magazine | August 2012 PROJECT EXPERIENCE – ACOUSTICAL DESIGN AND NOISE CONTROL ENGINEERING ▪ 4045 Broadway Multi-Family Development. Oakland, California. ▪ 401 29th Street Multi-Family Development. Oakland, California ▪ Scotia Apartments Multi-Family Development. San Jose, California ▪ California School for the Deaf Acoustical Design. Riverside, California. ▪ Jackson Street Multi-Family Housing. Seattle, Washington.

PROJECT EXPERIENCE – ENVIRONMENTAL NOISE ASSESSMENT
▪ Bethel Church Collyer Drive Campus. City of Redding, California. ▪ Isabella Dam Safety Modification EIS. Lake Isabella, California. ▪ Central Trunk Sewer Rehabilitation Construction Project. Sacramento, California.

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Steve McMurtry, De Novo Planning Group March 24, 2023 www.SaxNoise.com

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G:\Shared drives\De Novo Marketing (Internal)\Nor Cal Proposals\Modesto\2023_Modesto_RFQ Environmental Planning_On-call\Saxelby\Saxelby.docx Rex Crayne
Acoustic and Vibration Engineer at Saxelby Acoustics
915 Highland Pointe Drive, Suite 250 | (916) 760-8821 | [email protected] | SaxNoise.com Mr. Crayne has been practicing acoustic and noise control engineering since graduating with his BS in Mechanical Engineering in 2019. He is an associate member of the Institute of Noise Control Engineering (INCE). He has extensive experience in the use of complex noise modeling programs including the Federal Highway Administration (FHWA) Traffic Noise Model, the SoundPLAN sound prediction model, and VBA script writing for complex data processing techniques.

KEY EXPERIENCE
▪ Architectural Acoustics Testing
▪ Compliance Monitoring
▪ Construction Noise/Vibration Analysis
▪ EIR / MND / EIS / HUD Noise Assessments
▪ General Plan Noise Element Development
▪ Green Building Code Analysis
▪ Industrial Noise Control
▪ Low Noise HVAC Design
▪ Mining Noise Assessment
▪ Transportation Noise Studies

PROFESSIONAL EXPERIENCE
▪ Student Research Assistant | CSUS Mechanical Engineering Department | 2019 ▪ Materials Laboratory Assistant | CSUS Mechanical Engineering Department | 2018-2019

EDUCATION/TRAINING/PROFESSIONAL AFFILIATIONS
▪ Environmental Noise Analysis Training Course | Fullerton, CA (2019) ▪ B.S. Mechanical Engineering | California State University | Sacramento, California (2015-2019) DocuSign Envelope ID: 841D9D0B-201A-4329-8F1D-3CC68377A8E3 #9..
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Elizabeth Drayer, PE
Principal-in-Charge
Elizabeth specializes in water resources engineering and coordinating multi-discipline projects. She has experience leading water resources planning studies and design projects. She specializes in water supply and infrastructure master planning and has prepared more than 24 water and utility master plans, more than 20 water supply assessments, and more than 30 urban water management plans. She has also prepared many other studies and plans for clients including groundwater studies, drought response and water shortage contingency plans, facility operations plans, and emergency operations plans involving the evaluation of existing facilities, evaluation of existing and future water demands, identification of system deficiencies and needs, evaluation of water supply alternatives, and development of recommendations for capital improvements. She has prepared preliminary and detailed designs for water supply facilities such as pipelines, pump stations, reservoirs, and canals. Elizabeth is a West Yost Vice President and serves on West Yost’s Board of Directors.

EXPERIENCE

URBAN WATER MANAGEMENT PLANS
2010, 2015, 2020 Urban Water Management Plans, City of Modesto and Modesto Irrigation District, CA: QA/QC Reviewer for the preparation of a 2020 Joint Urban Water Management Plan (UWMP) for the City of Modesto and Modesto Irrigation District, Project Manager for the 2015 UWMP for the City of Modesto, and Project Engineer for the preparation of a Joint 2010 UWMP for the City of Modesto and Modesto Irrigation District. Tasks include review of water demand projections, water supply availability and reliability from surface water and groundwater, SB X7-7 compliance, demand management measures, and the City’s water shortage contingency plan. The UWMPs were prepared in compliance with the retail and wholesale water supplier requirements of the California Water Code and the Department of Water Resources Guidebook.
2020 Urban Water Management Plan, City of Stockton, CA: Project Manager for the preparation of the 2020 Urban Water Management Plan (UWMP). Project tasks include review of the City’s water demands and water supplies for the last five years, projection of future water demands and water supplies through 2045, a report on the City’s compliance with its SB X7-7 per capita water use target for 2020, consideration of the impacts of Senate Bill 606 and Assembly Bill 1668 on the City’s future water demands, an update of the City’s on-going and planned water demand measures, and an update of the City’s water shortage contingency plan. West Yost assisted City staff during the public hearing and City Council adoption of the 2020 UWMP and uploaded the final plan to the Department of Water Resources Water Use Efficiency data portal. 2020 Urban Water Management Plan, Zone 7 Water Agency, Livermore, CA: QA/ QC reviewer for the preparation of a 2020 Urban Water Management Plan (UWMP) for the Zone 7 Water Agency. Tasks included coordination with Zone 7 staff and the internal project team to prepare the Administrative Draft, Public Draft, and Final 2020 UWMP, preparation for Board meetings and public meetings, and completion of the 2020 UWMP for submittal to the Department of Water Resources.

STAFF TITLE: Vice President
YEARS OF EXPERIENCE: 33

PROFESSIONAL REGISTRATIONS
Professional Civil Engineer,
California No. 46872

EDUCATION
MS, Structural Engineering,
University of California, Berkeley
BS, Civil Engineering, University
of California, Berkeley

CERTIFICATIONS
Underground Storage Tank
Installation
UC Davis Extension, 32-hour
Course, Groundwater Hydrology
UC Davis Extension, 32-hour
Course, Principles of Toxicology

PROFESSIONAL AFFILIATIONS
American Society of Civil
Engineers
American Water Works
Association
Association of California Water
Agencies
WateReuse Association
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Amy Kwong, PE
Amy Kwong is a water resources engineer with a focus in water master planning, water supply and facilities planning, hydraulic modeling, and the design of water system infrastructure. She has contributed to the development of many water master plans throughout California.

EXPERIENCE
2020 Urban Water Management Plan, City of Modesto and Modesto Irrigation District, CA: Project Manager for the preparation of a 2020 Joint Urban Water Management Plan for the City of Modesto and Modesto Irrigation District. Tasks include review of water demand projections, water supply availability and reliability from surface water and groundwater, SB X7-7 compliance, demand management measures, and the City’s water shortage contingency plan.

Water Master Plan, City of Modesto, CA: Project Engineer responsible for developing the City’s buildout water demand projections and updating the water demands in the hydraulic model. Directed and performed QA/QC on the hydraulic model calibration (using steady state hydrant test simulations) and verification (using extended period simulations) as well as the existing and buildout water system hydraulic evaluations. Results from the existing and buildout water system evaluations will be used to develop a comprehensive capital improvement program.

Modesto Water System Planning, Engineer’s Report, City of Modesto, CA:

Staff Engineer responsible for updating current and buildout water demands, and completing buildout system hydraulic model analysis to determine necessary capital improvements. Worked with Project Manager to develop a methodology to justify recommended transmission and distribution facilities, and to allocate costs to existing and future customers. The report, which addressed both a 5-year and 20-year planning horizon, required an update to the City’s hydraulic model using H2ONET, and evaluation of the feasibility of the City’s continued participation in the Turlock Irrigation District’s Regional Surface Water Supply Project. 2020 Urban Water Management Plan, City of Napa, CA: Project Manager for the preparation of a 2020 Urban Water Management Plan (UWMP) for the City of Napa. Tasks included coordination with City staff and internal project team to review available data and direct the development of UWMP sections. Sections were included in a comprehensive Administrative Draft UWMP, and subsequent Public Draft and Final 2020 UWMP for City Council adoption.
2020 Urban Water Management Plan, City of San Bruno, CA: Project Manager for the preparation of a 2020 Urban Water Management Plan (UWMP) for the city of San Bruno. Tasks included coordination with City staff and internal project team to review available data and direct the development of UWMP sections. Sections were included in a comprehensive Administrative Draft UWMP, and subsequent Public Draft and Final 2020 UWMP for City Council adpotion.

STAFF TITLE: Principal Engineer II
YEARS OF EXPERIENCE: 16

PROFESSIONAL REGISTRATIONS
Professional Civil Engineer,
California No. 73213

EDUCATION
MS, Civil and Environmental
Engineering, Stanford University,
Stanford, CA
BS, Civil and Environmental
Engineering, San Jose State
University, San Jose, CA

PROFESSIONAL AFFILIATIONS
American Water Works
Association
American Society of Civil
Engineers
Bay Area Water Works
Association
Water Education Foundation,
2013 Water Leaders Class
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Roger Chu, PE
Roger Chu is an engineer focused on the planning and design of water and recycled water projects, including master planning, hydraulic modeling, and preparing unidirectional flushing (UDF) plans. Proficient in ArcGIS and InfoWater, Roger has conducted hydraulic modeling training sessions and developed detailed model training materials. In addition, Roger has designed pipelines and pump stations using AutoCAD Civil 3D.

EXPERIENCE
2020 Urban Water Management Plan, City of Modesto and Modesto Irrigation District, CA: Staff Engineer for the preparation of a 2020 Joint UWMP for the City of Modesto and Modesto Irrigation District. Reviewed water demand projections, water supply availability and reliability from groundwater and MID, SB X7-7 compliance, demand management measures, and the City’s water shortage contingency plan. Also supported development of the City’s Water Conservation Plan. 2020 Urban Water Management Plan, Zone 7 Water Agency, Livermore, CA: Staff Engineer for the preparation of a 2020 Urban Water Management Plan (UWMP) for the Zone 7 Water Agency (Zone 7). Reviewed water demand projections for Zone 7 and its retailers (California Water Service, City of Pleasanton, City of Livermore, and Dublin San Ramon Services District), water supply availability and reliability from the State Water Project and the Zone 7’s local groundwater supply, demand management measures, and the Zone 7’s water shortage contingency plan. 2020 Urban Water Management Plan, City of Pleasanton, CA: Staff Engineer for the preparation of the 2020 UWMP for the City of Pleasanton. Reviewed water demand projections for the City, water supply availability and reliability from Zone 7 Water Agency (Zone 7) the City’s local groundwater supply, SB X7-7 compliance, demand management measures, and the City’s water shortage contingency plan. 2020 Urban Water Management Plan, City of Napa, CA: Staff Engineer for the preparation of a 2020 UWMP for the City of Napa. Reviewed water demand projections for the City, water supply availability and reliability from the State Water Project and the City’s local surface water supply, SB X7-7 compliance, demand management measures, and the City’s water shortage contingency plan. 2020 Urban Water Management Plan Update, Mountain House Community Services District, Mountain House CA: Staff Engineer for preparation of the 2020 Urban Water Management Plan Update for the Mountain House Community Services District in compliance with the Urban Water Management Planning Act, as amended.

The UWMP was prepared in compliance with the retail and wholesale water supplier requirements of the California Water Code and the Department of Water Resources Guidebook. Supported the update of the MHCSD hydraulic model and simulating various demand conditions for the existing and future water system.

STAFF TITLE: Associate Engineer II
YEARS OF EXPERIENCE: 7

PROFESSIONAL REGISTRATIONS
Professional Civil Engineer,
California No. 87591

EDUCATION
MS, Civil and Environmental
Engineering, University of
California, Davis
BA, Economics, Boston College
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PEAK & ASSOCIATES, INC.

RESUME
MELINDA A. PEAK
Senior Historian/Archeologist
3941 Park Drive, Suite 20 #329
El Dorado Hills, CA 95762
(916) 939-2405

PROFESSIONAL EXPERIENCE
Ms. Peak has served as the principal investigator on a wide range of prehistoric and historic excavations throughout California. She has directed laboratory analyses of archeological materials, including the historic period. She has also conducted a wide variety of cultural resource assessments in California, including documentary research, field survey, Native American consultation and report preparation.

In addition, Ms. Peak has developed a second field of expertise in applied history, specializing in sitespecific research for historic period resources. She is a registered professional historian and has completed a number of historical research projects for a wide variety of site types.

Through her education and experience, Ms. Peak meets the Secretary of Interior Standards for historian, architectural historian, prehistoric archeologist and historic archeologist.

EDUCATION
M.A. - History - California State University, Sacramento, 1989 Thesis: The Bellevue Mine: A Historical Resources Management Site Study in Plumas and Sierra Counties, California
B.A. - Anthropology - University of California, Berkeley

PROJECTS
In recent years, Ms. Peak has led the team completing the cultural resource sections for General Plan and General Plan Updates, for a number of cities/neighborhoods including Campbell, Milpitas, Yountville, Manteca, The Springs, Sebastopol, Martinez, Brentwood, Colusa County and Foster City. Older General Plan efforts include Wheatland, Rocklin, Sheridan, Granite Bay and South Sutter County.

In recent months, Ms. Peak has completed a number of determinations of eligibility and effect documents in coordination with the Corps of Engineers for projects requiring federal permits, assessing the eligibility of a number of sites for the National Register of Historic Places.

She has also completed historical research projects on a wide variety of topics for a number of projects including the development of a winery in a ranch in Folsom, commercial buildings in the City of Davis, a lumber mill in Clovis, older farmhouses dating to the 1860s, an early roadhouse, bridges, canals, former small town site, and a section of an electric railway line.

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DE NOVO PLANNING GROUP
Statement of Qualifications
24 C. Technical Approach
The De Novo team has provided planning and design services for communities throughout California. We are proud of our history of working with local agencies on an on-call basis. We will work with the City to prepare a detailed and accurate scope of work tailored for the project being proposed at that time. Our scope of work will identify the specific tasks the De Novo team will undertake from project initiation to project closeout. De Novo prides itself on crafting a project-specific technical approach for each project it pursues. However, below is a summary of key considerations we apply in our approach to every project:
• Compliance with state legislation
• Close coordination with stakeholder, resource, and responsible agencies • Principal attention to every aspect of the project
• Dedicated Project Manager and Co-Project Manager
• Strict Adherence to Schedule and Budget
• Quality Assurance and Quality Control
Compliance with State Legislation
The De Novo team is well-versed in State planning law. We have experience preparing a variety of longrange planning documents, including General Plans, Specific Plans, and Master Plans. We will ensure that the planning documents contain the requirements elements defined in State law.

Close Coordination with Stakeholders
Given our experience in preparing planning documents, we understand the strong need for early and ongoing coordination with stakeholders. Our team will consult all relevant stakeholders as part of any project, as well as during the Noticing and during the preparation of the draft documents.

Principal Attention to Every Aspect of the Project
We do not identify principal staff in our proposal, then hand the project out to junior staff members to complete for our review. Rather, our Principal staff identified in this proposal as the Project Manager, CoProject Managers, and Principal Planners will work on every aspect of each project and will write and review each document we provide to the Applicant/City. This senior-level attention to each detail of the project ensures a high-quality work product as well as continuity throughout each project.

Dedicated Project Manager and Co-Project Manager
Our team dedicates two De Novo principals and/or principal planners as Project Manager and a Co-Project Manager who will be in attendance at all public and stakeholder meetings and will be intimately involved in every aspect of the project. Although the Project Manager will serve as the primary point of contact, we feel that the use of two managers will ensure that all members of our team are constantly up to speed regarding changes in project direction, staff preferences, and all of the other nuances of projects.

Additionally, having two project managers provides an exceptional level of quality control so that products reviewed by the City are technically accurate and complete.

Strict Adherence to Schedule and Budget
Our project team is fully committed to bringing our projects to public hearings as quickly and effectively as possible while always delivering products of exceptional quality. We thrive under deadlines, and we have a track record of meeting or exceeding our project schedules. Our use of Principal-level staff throughout all stages of the project allows us to work quickly, efficiently, and produce preliminary draft DocuSign Envelope ID: 841D9D0B-201A-4329-8F1D-3CC68377A8E3 #9..
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DE NOVO PLANNING GROUP
Specific Plan Consulting Services
25 documents of superior quality. Our project managers take a very active and hands-on role, and we diligently manage our team and coordinate with City staff and the Applicant team to ensure that all parties are continuously aware of pending deadlines, outstanding tasks, and draft work products that will require staff review.

We take tremendous pride in our ability to adhere to our project budgets. Our project managers are also principals and senior managers of the firm, and to this end, we have the authority to take any steps necessary to ensure that our projects remain on budget. We are in this business for the long-term, and building trust and confidence with our clients is the single greatest thing we can do to build loyalty and repeat business.

Quality Assurance and Quality Control
Coordinating closely with City staff, De Novo’s management team will ensure that our deliverables address regulatory requirements and are completed in a timely and professional manner. Our internal quality control review includes review of our planning documents by a Principal Planner.

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DE NOVO PLANNING GROUP
Statement of Qualifications
26 D. Fee Schedule

D E N O V O P L A N N I N G G R O U P
Principal $185-235
Principal Planner $160-210
Senior Planner $125-175
Associate Planner $115-145
Assistant Planner $95-125
GIS Analyst $105-145
Legal Assistance/Expert Witness $350-450

F E H R A N D P E E R S
Principal $325
Project Manager $285
Forecasting & Traffic Operations Senior Staff $255
Project Planner/Engineer $160
Graphics/GIS/CAD $175
Project Coordinator $105-145

W E S T Y O S T
Principal/Vice President $338
Engineer/Scientist/Geologist Manager I / II $319 / $334 Principal Engineer/Scientist/Geologist I / II $288 / $307 Senior Engineer/Scientist/Geologist I / II $259 / $272
Associate Engineer/Scientist/Geologist I / II $215 / $231 Engineer/Scientist/Geologist I / II $173 / $201
Engineering Aide $101
Field Monitoring Services $125
Administrative I / II / III / IV $92 / $115 / $138 / $152 Engineering Tech Manager I / II $332 / $334
Principal Tech Specialist I / II $305 / $315
Senior Tech Specialist I / II $279 / $291
Senior GIS Analyst $252
GIS Analyst $239
Technical Specialist I / II / III / IV $178 / $203 / $228 / $254 Technical Analyst I / II $128 / $152
Technical Analyst Intern $103
Cross-Connection Control Specialist I / II / III / IV $133 / $144 / $162 / $180 CAD Manager $201
CAD Designer I / II $156 / $176

ENGINEE
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DE NOVO PLANNING GROUP
Specific Plan Consulting Services
27 S A X E L B Y A C O U S T I C S
Principal Consultant $200/hr
Technical Staff $150/hr.

Administrative Staff $100/hr.

Sound Level Meter
Basic (daily)
Basic (weekly)
Advanced (daily)
Advanced (weekly)
Very Low Noise (daily)
Very Low Noise (weekly)
Sound Meter – Advanced Outdoor Setup
Very low noise, wind measurement, audio recording, solar panels, environmental protection shroud, etc.
$100/day
$400/week
$150/day
$600/week
$200/day
$800/week
$1,000/week
IIC Tapping Machine $500/day
$2000/week
Sound System for Acoustic Testing $200/day
$800/week
Vibration Sensor with Calibrator $200/day
$800/week

P E A K A S S O C I A T E S
Principal Investigator $150
Senior Archaeologist $140
Archaeological Technician $110
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DE NOVO PLANNING GROUP
Statement of Qualifications
28 E. Related Experience and References
The De Novo team has a wide range of experience providing planning services for clients throughout California. Below is a brief summary of a local and recent Specific Plan, as well as two General Plans in the regional vicinity.

City of Riverbank- River Walk Specific Plan and EIR
The De Novo team is currently working on the City of
Riverbank River Walk Specific Plan and EIR. The River Walk Specific Plan is designed as an attractive and distinctive community active adult 55+ mixed use project with an
emphasis on residential neighborhoods, with a variety of housing densities and products, supported by a community core that was designed with the intention of creating a public space to promote people’s health, happiness, and well-being. The Specific Plan and EIR have been prepared, but on hold for approximately one year. The project is still in the processing stage and is not yet completed.

Reference: Donna Kenney, Planning Manager. (209) 869-
7126 [email protected]
City of Lathrop- General Plan Update and EIR
The De Novo team recently completed a comprehensive
update to the Lathrop General Plan and EIR. The work effort began with an extensive public outreach and visioning process and preparation of a detailed Existing Conditions Report.

Other key tasks include the preparation of a Community Profile Magazine, Outreach Summary Report, Community Vision
Statement, and workshops dedicated to the topic of
Environmental Justice. The General Plan was successfully adopted and the EIR was certified in September 2022.

Reference: Mark Meissner, CDD. (209) 941-7266 [email protected] City of Milpitas - General Plan Update and EIR
The De Novo team completed a comprehensive update to the Milpitas General Plan and EIR in 2021. The work effort included extensive coordination with the City’s General Plan Advisory Committee (GPAC), several working sessions with the City Council, and a comprehensive and robust community
engagement program that offered numerous opportunities for virtual and in-person participation. The updated General Plan includes several new optional elements to address topics of local importance, including Community Health and Wellness, Parks and Recreation, Community Design, Conservation and Sustainability, and Utilities and Services. The General Plan was successfully adopted and the EIR was certified in March 2021. Reference: Ned Thomas, AICP, Planning Director. (408) 586-3273 [email protected] DocuSign Envelope ID: 841D9D0B-201A-4329-8F1D-3CC68377A8E3 #9..
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DE NOVO PLANNING GROUP
Specific Plan Consulting Services
29 F. Samples of Work
City of Riverbank, River Walk Specific Plan
This project is not currently public, but may be able to be released to the City as a reference check by authorization of the City of Riverbank.

City of Lathrop General Plan
https://www.ci.lathrop.ca.us/planning/page/lathrop-general-plan City of Milpitas General Plan
https://milpitas.generalplan.org/
DocuSign Envelope ID: 841D9D0B-201A-4329-8F1D-3CC68377A8E3 #9..
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CITY OF MODESTO,
a municipal corporation
BY: ____________________________
JOSEPH P. LOPEZ, City Manager
ATTEST:
(Seal)
BY: ____________________________

DIANE NAYARES-PEREZ, CMC,
City Clerk
________________________________
BY: ____________________________
By _____________________________
Name Title
BY: ____________________________
By _____________________________
Name Title
APPROVED AS TO FORM:

BY: ____________________________
JOSE M. SANCHEZ, City Attorney
APPROVED AS TO FORM:

BY: ____________________________
CHRISTINA ALGER, Director of
Human Resources
Federal ID # ___________
DocuSign Envelope ID: 841D9D0B-201A-4329-8F1D-3CC68377A8E3 De Novo Planning
Group
26-2962235
CEO and Principal
Ben Ritchie
Steve Mc
Murtry CFO and Principal
4/29/2024
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FIRST AMENDMENT TO STANDARD CONSULTANT SERVICES AGREEMENT

FOR SPECIFIC PLAN SERVICES

WITH DE NOVO PLANNING GROUP
This First Amendment (“First Amendment”) is made to the Agreement entered into between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and DE NOVO PLANNING GROUP, a California corporation, hereinafter referred to as "Consultant" entered into by the parties on April 23, 2024, (the “Agreement”), hereinafter referred to as “Original Agreement”.

RECITALS
This First Amendment to Agreement for Consultant Services is made with regard to the following recitals:

1. The Parties have agreed to extend the terms of the Agreement.

2. The Parties desire to increase the maximum compensation provided to Consultant by $400,000, for a new total amount not to exceed $900,000.

NOW, THEREFORE, in consideration of this First Amendment, and the mutual promises, covenants, and stipulations contained in the Original Agreement for Consultant Services and this Amendment to Agreement, the parties agree as follows:

1. Each of the recitals set out above is factually true and correct.

2. Section 1 “TERM OF AGREEMENT” of the Original between the parties shall be modified as follows:

Agreement is amended as of the date first written above and will continue in effect until City’s acceptance of and payment for all services authorized by City and performed by Consultant, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement. #9..
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City hereby gives Consultant notice to proceed with the preparation of the Project, as of the Effective Date of this agreement, Consultant shall diligently proceed with the completion of the Project within

3. Section 2 “COMPENSATION” of the Original between the parties shall be modified as follows:

Consultant agrees and accepts the following as full remuneration not to exceed Nine Hundred Thousand dollars ($900,000) for performing all services and furnishing all staffing and materials called in Exhibit “D”; and for performance by consultant of all its duties and obligation under this Agreement. The Compensation shall be paid in the manner and at the times set forth below in Exhibit “D”. Pricing shall remain firm.

IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Amendment to Agreement for Consultant Services by its City Manager and attestation by its City Clerk under authority of Resolution No. 2025-________, adopted by the Council of the City of Modesto on the 28th day of January, 2025, and De Novo Planning Group has caused this Agreement to be duly executed as of the Effective Date. #9..
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

January 28, 2025
Date: December 18, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Director of Community and Economic Development SUBJECT: Second Amendment for the Consultant Services Agreement with De Novo Planning Group for Environmental Planning Services
CONTACT: Leslie Danhoff, Administrative Analyst
[email protected], 209-577-5211
DESCRIPTION:

Consider approving the Second Amendment for the Consultant Services Agreement with De Novo Planning Group for Environmental Planning Services increasing the Agreement amount by $1,200,000. (Funding Source: Developer Fees)
STRATEGIC PLAN ELEMENT:

BACKGROUND:

In the last couple of years, the Planning division has received an influx of new applications to develop various parcels within the City of Modesto and propose to annex various areas into the City. In the review of all new planning entitlements, California Environmental Quality Act (CEQA) is part of the required review. To prevent interruptions in development services provided to the public, and to ensure the continuity of uninterrupted planning support that includes, but is not limited to, the preparation of National Environmental Policy Act (NEPA) required reports, California Environmental Quality Act (CEQA) required reports associated with proposed development projects, environmental impact reports (EIRs), mitigated negative declarations (MNDs), negative declarations (NDs), hazard mitigation, climate action plans and associated technical studies.

To continue providing uninterrupted environmental planning services, the Community and Economic Development Department has determined the need to contract with private firms to assist with environmental planning services. Consultants provide a higher level of environmental review, rezones, annexations, and other reports necessary for the expeditious processing of #10..
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City Council, January 28, 2025
Second Amendment for the Consultant Services Agreement with De Novo Planning Group for Environmental Planning Services

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applications for development. The consultants’ advanced assessments of developer applications allow for seamless and prompt recommendations for environmental planning support services, allowing City staff to focus on daily planning requests.

Through an informal Request for Qualifications (RFQ) process, the City entered into an on-call Agreement with De Novo Planning group on July 11, 2023 as approved by Council Resolution 2023-331. This agreement was amended on October 16, 2023, to clarify the terms of the agreement: from a three (3) year agreement with two (2) one (1) year extensions to a two (2) year agreement with three (3) one (1) year extensions. All other provisions of the Agreement remained unchanged.

De Novo Planning Group, Inc is well experienced with managing complex environmental documents for a range of projects including hotel, office, mixed use, industrial, residential, alternative energy, hospitals, schools, and parks. De Novo regularly teams with the region’s top subconsultants for transportation, infrastructure, noise, cultural studies, and specialized hazards and geology/soils studies, all of whom are leaders in their fields and have experience working on a wide range of projects throughout California.

DISCUSSION:

In response to the continued requests for development, it is necessary to amend and increase the current agreement with De Novo Planning Group for environmental planning support services.

This amendment will be based on the time required for each proposed project and scope of work.

Having a contract with the De Novo Planning Group for Environmental Planning Services eliminates the need to send out repetitive Request for Proposals (RFPs) for projects or services of similar size as well as reducing staff time and project costs. All City departments can utilize the services of De Novo Planning Group for future projects of a similar nature. The City reserves the right to request proposals, negotiate a scope of work and contract from consultants other than De Novo Planning Group in the future.

Modesto Municipal Code 8-3.20 3, generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-3.204 (f), “Where 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.” FISCAL IMPACT:

The cost for environmental planning services will be based upon time required for each specific project and scope of work. The consultant will be paid by the City based on their contract hourly rate with a total not to exceed amount of $2,100,000. There is no impact to the General Fund, as this agreement will be funded via developer fees.

COMMITTEE RECOMMENDATION:

Due to the urgent nature of the action needed, the amendment was not presented to Council Committee. The original item was reviewed by the Economic Development Committee on June 5, 2023, and the Committee approved forwarding the item to Council for approval. #10..
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City Council, January 28, 2025
Second Amendment for the Consultant Services Agreement with De Novo Planning Group for Environmental Planning Services

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RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the Second Amendment increasing the Consultant Services Agreement amount with De Novo Planning Group for Environmental Planning Services by $1,200,000 from $900,000 to a new total amount of $2,100,000; and authorizing the City Manager or his designee to execute the Amendment.
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City Council, January 28, 2025
Second Amendment for the Consultant Services Agreement with De Novo Planning Group for Environmental Planning Services

Page 4 of 4 ends

Approved by:

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

1. Resolution Amendment 2 DE NOVO Environmental Planning Services

2. Original Agreement with DE NOVO for Environmental Planning Services

3. Amendment 1 with DE NOVO for Environmental Planning Services

4. Amendment 2 with DE NOVO for Environmental Planning Services #10..
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01/28/2025/CDD/JHill/Item # 1 2025-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2025-XX

RESOLUTION APPROVING THE SECOND AMENDMENT INCREASING THE

CONSULTANT SERVICES AGREEMENT AMOUNT WITH DE NOVO

PLANNING GROUP FOR ENVIRONMENTAL PLANNING SERVICES BY
$1,200,000 FROM $900,000 TO A NEW TOTAL AMOUNT OF $2,100,000 AND

AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE

AMENDMENT
WHEREAS, to continue providing uninterrupted planning services, the Community and Economic Development determined the need to contract with a private firm to assist in Environmental Planning Services; and
WHEREAS, through an informal Request for Qualifications (RFQ) process, the City of Modesto entered into an on-call agreement with De Novo Planning Group on July 11, 2023, for Environmental Planning Services; and
WHEREAS, having a contract with the De Novo Planning Group for Environmental Planning Services eliminates the need to send out repetitive Request for Proposals (RFPs) for projects or services of similar size as well as reducing staff time and project costs; and
WHEREAS, the City will continue to assign projects to De Novo Planning Group as determined by the City based on the work needed for the submitted project; and WHERAS, in accordance with Modesto Municipal Code 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid; and
WHEREAS, however, exceptions to the formal bidding process are granted in MMC 8-3.204 (f), “Where the Purchasing Manager, in his or her discretion, determines that it is appropriate to amend the services or goods provided under an existing agreement #10..
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01/28/2025/CDD/JHill/Item # 2 2025-XX
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.” NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the Second Amendment increasing the Consultant Services Agreement for Environmental Planning Services with De Novo Planning Group by $1,200,000 from $900,000 to a new total amount of $2,100,000 BE IT FURTHER RESOLVED, that the City Manager, or his designee, is authorized to execute the Amendment, in a form approved by the City Attorney. #10..
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01/28/2025/CEDD/JHill/Item X 3 2025-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 28th day of January, 2025, by _____, who moved its adoption, which motion being duly seconded by ______, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: _____________________________

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

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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-1

FIRST AMENDMENT

TO CONSULTANT SERVICES

AGREEMENT FOR

ENVIRONMENTAL PLANNING

SERVICES

THIS FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT
(the “First Amendment”), made and entered into in the City of Modesto, State of California, this _ _ _ _ day of ____________________ 2023, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and DE NOVO PLANNING GROUP, and as, hereinafter referred to as "Consultant".

This First Amendment is made with regard to the following recitals:

A. The City and Consultant entered into a standard agreement for environmental planning services dated July 11, 2023 to provide environmental planning consultant services. (the “Agreement”).

B. The Agreement is for City requested on-call services only; City will assign projects to the Consultant which the City feels is best suited for the project. No promise of work is guaranteed or assumed by the making of the Agreement.

C. Consultant represents that it is qualified, willing and able to provide the services to prepare document(s) for such services.

NOW, THEREFORE, in consideration of this First Amendment, andthe mutual promises, covenants, and stipulations hereinafter contained, the parties agree as follows:

DocuSign Envelope ID: 23ACD289-EDC9-48CD-8E6C-22E65D9948BF 16th October
#10..
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-2

1. TERM OF AGREEMENT.

Section 1, Term of Agreement, is amended in its entirety to read as follows:
a. The City and Consultant hereto agree and enter into the First Amendment for a term of two (2) years commencing on the Effective Date of the original Agreement which was July 11, 2023.
b. In the event Consultant is not in default of any material covenants required by it to be performed under this Agreement, the City shall have the right and option to extend the term of this Agreement for a period of one (1) year on the same terms and conditions, except as otherwise set forth herein. City shall notify Consultant in writing of the exercise of said right not later than thirty (30) days prior to the expiration of the initial two (2) year term set forth in Paragraph 2(a).
c. Following the one (1) year term extension set forth in Paragraph 2(b), and if the Consultant is not in default of any material covenants required by it to be performed under this Agreement, the City shall have the right and option to extend this Agreement for a second period of one (1) year on the same terms and conditions, except as otherwise provided herein. City shall notify Consultant in writing of the exercise of said right not later than thirty (30) days prior to the expiration of the one (1) year term extension set forth in Paragraph 2(b).
d. Following the one (1) year term extension set forth in Paragraph 2(c), and if the Consultant is not in default of any material covenants required by it to be performed under this Agreement, the City shall have the right and option to extend this Agreement for a third period of one (1) year on the same terms and conditions, except as otherwise provided herein. City shall notify Consultant in writing of the exercise of said right not later than thirty (30) days prior to the expiration of the one (1) year DocuSign Envelope ID: 23ACD289-EDC9-48CD-8E6C-22E65D9948BF #10..
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-3
term extension set forth in Paragraph 2(c).

2. EFFECT OF AMENDMENT.

Except as modified and amended by this First Amendment, all other provisions of the Agreement shall remain unchanged and in full forceand IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Amendment for Consultant Services by its City Manager and attestation by its City Clerk on the day of , 2023, and De Novo Planning Group has caused this Agreement to be duly executed as of theEffective Date.

DocuSign Envelope ID: 23ACD289-EDC9-48CD-8E6C-22E65D9948BF 30th October
#10..
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CITY OF MODESTO,
a municipal corporation
BY: ____________________________
JOSEPH P. LOPEZ, City Manager
ATTEST:
(Seal)
BY: ____________________________

BY: ____________________________
JOSE M. SANCHEZ, City Attorney
APPROVED AS TO FORM:

BY: ____________________________
CHRISTINA ALGER, Director of
Human Resources
Federal ID # ___________
DocuSign Envelope ID: 23ACD289-EDC9-48CD-8E6C-22E65D9948BF De Novo Planning Group
Ben Ritchie CEO and Principal
26-2962235
Steve Mc Murtry CFO and Principal
10/30/2023
#10..
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SECOND AMENDMENT TO STANDARD CONSULTANT SERVICES AGREEMENT

FOR ENVIRONMENTAL PLANNING SERVICES

WITH DE NOVO PLANNING GROUP
This Second Amendment (“Second Amendment”) is made to the Agreement entered into between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and DE NOVO PLANNING GROUP, a California corporation, hereinafter referred to as "Consultant" entered into by the parties on July 11, 2023 (the “Agreement”), hereinafter referred to as “Original Agreement” and amended by a First Amendment (“First Amendment”) on October 16, 2023.

RECITALS
This Second Amendment to Agreement for Consultant Services is made with regard to the following recitals:

1. The Parties have agreed to extend the terms of the Agreement, as previously amended.

2. The Parties desire to increase the maximum compensation provided to Consultant by $1,200,000, for a new total amount not to exceed $2,100,000.

NOW, THEREFORE, in consideration of this Second Amendment, and the mutual promises, covenants, and stipulations contained in the Original Agreement for Consultant Services and this Amendment to Agreement, the parties agree as follows:

1. Each of the recitals set out above is factually true and correct.

2. Section 1 “TERM OF AGREEMENT” of the First Amendment between the parties shall be modified as follows:

Agreement is amended as of the date first written above and will continue in effect until City’s acceptance of and payment for all services authorized by City #10..
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and performed by Consultant, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

City hereby gives Consultant notice to proceed with the preparation of the Project, as of the Effective Date of this agreement, Consultant shall diligently proceed with the completion of the Project within.

3. Section 2 “COMPENSATION” of the Original between the parties shall be modified as follows:

Consultant agrees and accepts the following as full remuneration not to exceed Two Million One Hundred Thousand dollars ($2,100,000) for performing all services and furnishing all staffing and materials called in Exhibit “D”; and for performance by consultant of all its duties and obligation under this Agreement.

The Compensation shall be paid in the manner and at the times set forth below in Exhibit “D”. Pricing shall remain firm.

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

January 28, 2025
Date: December 26, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Director of Community and Economic Development SUBJECT: First Amendment to agreement for Bridge Housing Project at 1530 Owens Drive CONTACT: Edgar Garcia, Community Development Manager, [email protected], 209-577-5211
DESCRIPTION:

Consider approving a First Amendment to the Agreement with Stanislaus County Affordable Housing Corporation, Modesto, California for Master Development Services for Bridge Housing Projects increasing the Agreement amount by $625,000 to a new total amount of $700,000. (Funding Source: Measure H Funds)
STRATEGIC PLAN ELEMENT:

This item supports the City of Modesto’s 2020-2025 Strategic Plan Goal C: Develop a Homelessness and Housing Plan.

BACKGROUND:

Bridge Housing is a short-and-midterm residential setting with the goal of bridging the gap for individuals experiencing homelessness and securing permanent housing. Bridge housing offers service-focused temporary living arrangements while case managers connect individuals to income, public benefits, health services, and other supportive services intended to reduce barriers to permanent housing. The bridge housing model offers supervision and onsite service coordinators to work to help participants stabilize and transition to permanent housing.

On November 7, 2023, by Resolution No. 2023-495, the City Council authorized City staff to begin soliciting proposals for bridge housing sites, operators, and service providers for potential projects in an amount not to exceed $3 million.

On May 3, 2024, the City finalized an agreement with Stanislaus County Affordable Housing Corporation (StanCo) to assist with the project management of bridge housing projects, develop project designs, and provide construction oversight for an amount not to exceed $75,000 for a period of 2 years, with 1 year extension option.

On September 24, 2024, by Resolution No. 2024-338, the City Council approved the First Amendment to the Agreement with StanCo as the Master Developer to design and oversee the #11..
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City Council, January 28, 2025
First Amendment to agreement for Bridge Housing Project at 1530 Owens Drive

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Modesto City CouncilJanuary 28, 2025

Modesto City Council
January 28, 2025