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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, June 24, 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
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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 - 3 -
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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: Mike Gunnarson, City Ministry Network
City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Proclamation declaring July as Disability Rights Month. (Funding Source: Not Applicable)
CITY COUNCIL; Breanna Griffin, 209-577-5421, [email protected]
MISCELLANEOUS
Legislation, Appointments, Other
2. Consider accepting the resignation of Diane Kroeze from the Citizens’ Transportation Sales Tax Commission. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution accepting the resignation of Diane Kroeze from the Citizens’ Transportation Sales Tax Commission.
ENGINEERING SERVICES; Toby Wells, 209-571-5542, [email protected]
3. Consider approving the appointment of Melinda Martin to fill one City of Modesto representative vacancy to the Stanislaus Animal Services Agency Advisory Committee for a two-year term beginning July 1, 2025 through June 30, 2027. (Funding Source:
Not Applicable)
Staff Recommendation:
Resolution approving the appointment of Melinda Martin as the City of Modesto representative to the Stanislaus Animal Services Agency Advisory Committee for a two-year term beginning July 1, 2025, through June 30, 2027.
CITY MANAGER; Scotty Douglass, 209-577-9149, [email protected]
4. Consider approving the appointment of Thomas Orosco for the City of Modesto Public Member of the Audit Committee for a partial unexpired term ending June 30, 2027. (Funding Source: Not Applicable)
Staff Recommendation:
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Resolution approving the appointment of Thomas Orosco for the City of Modesto Public Member of the Audit Committee for a partial unexpired term ending June 30, 2027.
FINANCE DEPARTMENT; DeAnna Christensen, 209-577-5387,
[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
5. Consider approving the minutes for the June 10, 2025 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving the minutes for the June 10, 2025 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
6. Consider approving Final Adoption of Ordinance 3796-C.S. amending Section 8-
10.102 “Membership of Commission” of Title 8 Chapter 10, “Citizens’ Transportation Sales Tax Commission”. (Funding Source: Not Applicable) Staff Recommendation:
Motion approving Final Adoption of Ordinance 3796-C.S. amending Section 8-
10.102 “Membership of Commission” of Title 8 Chapter 10, “Citizens’ Transportation Sales Tax Commission”.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] - 5 -
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Consent
7. Consider approving Final Adoption of Ordinance 3797-C.S. of the City Council of Modesto amending Title 10 (Zoning Regulations) of the Modesto Municipal Code, amending Chapter 2 (Definitions), Article 1 (Definitions); Chapter 3 (Land Use Regulations), Article 1 (Permitted And Conditional Land Uses); Chapter 3, Article 2 (Specific Land Use Regulations); Chapter 4 (Development Standards), Article 1 (Residential Zones); and Chapter 4, Article 5 (Accessory Dwelling Units). (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving Final Adoption of Ordinance 3797-C.S. of the City Council of Modesto amending Title 10 (Zoning Regulations) of the Modesto Municipal Code, amending Chapter 2 (Definitions), Article 1 (Definitions); Chapter 3 (Land Use Regulations), Article 1 (Permitted And Conditional Land Uses); Chapter 3, Article 2 (Specific Land Use Regulations); Chapter 4 (Development Standards), Article 1 (Residential Zones); and Chapter 4, Article 5 (Accessory Dwelling Units).
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
8. Consider approving the Economic Development Strategic Plan (2025). (Funding Source: Not Applicable)
Staff Recommendation:
Resolution approving the Economic Development Strategic Plan (2025).
CED; Raj Solanki, 209-577-5244, [email protected] Consent
9. Consider approving the renewal of eight Commercial Cannabis Retail Permits for dispensaries in the City for a two-year period ending June 30, 2027. (Funding Source:
Commercial Cannabis Permit Fee)
Staff Recommendation:
Resolution approving the renewal of CR & D Inc’s commercial cannabis retail permit for a two-year period ending June 30, 2027.
Resolution approving the renewal of CV Wellness LLC’s commercial cannabis retail permit for a two-year period ending June 30, 2027. Resolution approving the renewal of Jonesa LLC’s commercial cannabis retail permit for a two-year period ending June 30, 2027.
Resolution approving the renewal of McHenry Business Services LLC’s commercial cannabis microbusiness permit for a two-year period ending June 30, 2027.
Resolution approving the renewal of DC Modesto LLC’s commercial cannabis retail permit for a two-year period ending June 30, 2027. Resolution approving the renewal of McHenry Comic Management LLC’s commercial cannabis retail permit for a two-year period ending June 30, 2027. Resolution approving the renewal of Phenos Collective Inc’s commercial cannabis retail permit for a two-year period ending June 30, 2027. - 6 -
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Resolution approving the renewal of Paradise West Inc’s commercial cannabis retail permit for a two-year period ending June 30, 2027.
CED; Sean Rando, 209-577-5473, [email protected]
Consent
10. Consider approving a Cost Sharing Agreement with the County of Stanislaus for the construction of the Urban Pavement Preservation Phase G and Phase H Projects. (Funding Source: Measure L)
Staff Recommendation:
Resolution approving a Cost Sharing Agreement with the County of Stanislaus for the construction of the Urban Pavement Preservation Phase G and Phase H Projects and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution amending the Fiscal Year 2024-25 Multi-Year Non-Capital project fund budgets for Project #101628 in the amount of $290,000 to appropriate the funds for the Urban Pavement Preservation Phase G and H projects and authorizing the City Manager, to take the necessary steps to implement the provisions of this resolution.
ENGINEERING SERVICES; Toby Wells, 209-577-5542, [email protected] Consent
11. Consider accepting the State Route 132 West Freeway/Expressway - Phase 1 Project as complete, releasing securities, releasing payments totaling $100,285,151 to Bay Cities Paving & Grading, Inc., of Concord, California, and authorizing the City Clerk to file a Notice of Completion. (Funding Source: Various Funds)
Staff Recommendation:
Resolution accepting the State Route 132 West Freeway/Expressway - Phase 1 Project as complete, releasing securities, releasing payments totaling $100,285,151 to Bay Cities Paving & Grading, Inc., of Concord, California, and authorizing the City Clerk to file a Notice of Completion.
ENGINEERING SERVICES; Toby Wells, 209-571-5542, [email protected] Consent
12. Consider approving a Measure L Master Funding Agreement with Stanislaus Council of Governments (StanCOG) for Fiscal Year 2025-2030. (Funding Source: Measure L) Staff Recommendation:
Resolution approving the Measure L Master Funding Agreement with the Stanislaus Council of Governments (StanCOG) for Fiscal Years 2025-2030 and authorizing the City Manager or his designee to execute the Agreement.
ENGINEERING SERVICES; Toby Wells, 209-571-5542, [email protected] Consent
13. Consider approving a Will Serve Letter and Outside Service Agreement with CLR Properties LLC, A California Limited Liability Company, to connect to the City of Modesto’s existing sewer system for the property located at 2204 Crows Landing Road (APN: 086-012-033). (Funding Source: Sewer Fund)
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Staff Recommendation:
Resolution approving a Will Serve Letter and Outside Service Agreement with CLR Properties LLC, a California Limited Liability Company, to connect to the City of Modesto’s existing sewer system for the property located at 2204 Crows Landing Road (APN: 086-012-033) and authorizing the City Manager, or his designee, to the sign the Will Serve Letter and execute the Outside Service Agreement.
ENGINEERING SERVICES; Jaspreet Mangat, 209-577-5253,
[email protected]
Consent
14. Consider approving the submittal of up to eight Federal Grant applications for Congestion Mitigation and Air Quality (CMAQ) and Surface Transportation Block Grant (STBG) Funds. (Funding Source: Federal CMAQ Grant Funds, Federal STBG Grant Funds and Local Funds – Measure L)
Staff Recommendation:
Resolution approving the submittal of up to eight Federal Grant applications for Congestion Mitigation and Air Quality (CMAQ) and Surface Transportation Block Grant (STBG) funds, and authorizing the City Manager, or his designee to execute all necessary grant documents.
ENGINEERING SERVICES; Michael Sacuskie, 209-571-5552,
[email protected]
Consent
15. Consider approving a Purchase and Sale Agreement with Central California Conference Association of Seventh Day Adventist Church for $260,000; a Grant Deed, a Grant of Temporary Construction Easement and a Quit Claim Deed for Grantor’s interest in the Hetch Hetchy right of way for the Hetch Hetchy and Claratina Avenue Structural Crossing Project. (Funding Source: Streets Capital Facility Fees) Staff Recommendation:
Resolution approving a Purchase and Sale Agreement, Grant Deed, and Certificate of Acceptance with the Central California Conference Association of Seventh Day Adventist Church, a California Nonprofit Religious Corporation, for partial acquisition of an 11,005 square foot portion of real property, all of the Grantor’s interests and rights in a 2,803 square foot portion of land in Hetch Hetchy right of way, 7,085 square feet for a Temporary Construction Easement (TCE), and Severance Damages (consisting of removal of a 1,370 square foot single family residence) located at 301 Claratina Avenue (APN 082-009-003), in the amount of $260,000 plus closing costs for the Hetch Hetchy and Claratina Avenue Structural Crossing Project, and authorizing the City Manager, or his designee, to execute the Purchase and Sale Agreement, accept the Grant Deed and sign the Certificate of Acceptance for the partial acquisition of real property, sign the Grant of Temporary Construction Easement (TCE) Agreement and the Certificate of Acceptance for the Temporary Construction Easement (TCE), Accept the Quit Claim Deed and sign the Certificate of Acceptance of the Quit Claim Deed, and sign all related - 8 -
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documents required to complete the sale and close escrow.
ENGINEERING SERVICES; Michael Sacuskie, 209-571-5552,
[email protected]
Consent
16. Consider approving the Plans and Specifications for the Park Turf Reduction, Phase 2 Project, and awarding a Construction Contract to Marina Landscape, Inc., of Orange, CA, in an amount not to exceed $1,029,236. (Funding Source: Urban Community Drought Relief Grant Program)
Staff Recommendation:
Resolution approving the Plans and Specifications for the Park Turf Reduction, Phase 2 Project, and awarding a Construction Contract to Marina Landscape, Inc., of Orange, CA, in the amount of $935,669 plus $93,567 in contingency (if needed), for a total amount not to exceed $1,029,236 and authorizing the City Manager, or his designee, to execute the Contract.
ENGINEERING SERVICES; Nathan Houx, 209-571-5526, [email protected] Consent
17. Consider approving the First Amendment with Peregrine Technologies, San Francisco, CA, for Analytics and Data Integration platform increasing the Agreement amount by $60,000. (Funding Source: Traffic Safety Fund and State Supplemental Law Enforcement Services Fund)
Staff Recommendation:
Resolution approving the First Amendment with Peregrine Technologies, San Francisco, CA, for Analytics and Data Integration platform increasing the Agreement amount by $60,000, to a new annual estimated amount of $204,500, and a new total amount of $613,500 through the term of the agreement; and authorizing the City Manager, or his designee to execute the Amendment.
POLICE DEPARTMENT; Chris Adams, 209-572-9500, [email protected] Consent
18. Consider approving the submission of a grant application for the California Violence Intervention and Prevention (CalVIP) Grant Program to the Board of State and Community Corrections for up to $2 million in grant funds. (Funding Source: General Fund)
Staff Recommendation:
Resolution approving the submission of a grant application for the California Violence Intervention and Prevention (CalVIP) Grant Program to the Board of State and Community Corrections for up to $2 million in grant funds and authorizing the City Manager, or his designee, as agent to execute and submit all documents which may be necessary for the completion of the grant application.
POLICE DEPARTMENT; Chris Adams, 209-572-9500, [email protected] Consent
19. Consider approving the Grant Applications, Grant Awards and amending the annual - 9 -
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budgets for all the Beverage Container Recycling City/County Payment Programs to California Department of Resources, Recycling and Recovery. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution approving the submittal of Grant Applications, Grant Awards, and amending the annual budgets for all Beverage Container Recycling City/County Payment Programs to the California Department of Resources, Recycling and Recovery, and authorizing the City Manager, or his designee, to execute all related documents.
PUBLIC WORKS; Kolton Pacheco, 209-577-5493, [email protected] Consent
20. Consider approving submittal of Grant Applications, accepting Grant Awards, and amending the annual budgets for all Used Oil Payment Program Grants to California Department of Resources, Recycling and Recovery. (Funding Source: Not Applicable) Staff Recommendation:
Resolution approving submittal of Grant Applications, and Grant Awards to the California Department of Resources, Recycling and Recovery (CalRecycle) for all Used Oil Payment Programs, accepting payment, amending the annual budget and authorizing the City Manager, or his designee, to execute all related documents.
PUBLIC WORKS; Kolton Pacheco, 209-577-5493, [email protected] Consent
21. Consider approving a list of projects to be funded with Road Repair and Accountability Act Tax proceeds for Fiscal Year 2025-2026. (Funding Source: Senate Bill 1 Funds) Staff Recommendation:
Resolution approving the list of projects to be funded with Road Repair and Accountability Act Tax proceeds in Fiscal Year 2025-2026 in an amount up to $5,753,385, and authorizing the City Manager or his designee, to approve the projects.
PUBLIC WORKS; John Sphar, 209-342-2235, [email protected] Consent
22. Consider approving the extension of the Compost Facility Flexible Sales Pricing Pilot Program, originally approved on April 2, 2019, for a five-year extension effective August 1, 2025, through July 31, 2030. (Funding Source: Compost Fund) Staff Recommendation:
Resolution approving the extension of the Compost Facility Flexible Sales Pricing Pilot Program for a five-year extension effective August 1, 2025, through July 31, 2030.
PUBLIC WORKS; Guillermo Padilla Aguilera, 209-571-5145, [email protected]
Consent
23. Consider approving the First Amendment with HDR Engineering, Inc., of Folsom, CA - 10 -
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to complete assigned work and to gain Regulatory Compliance for the Carpenter Road Landfill, Modesto California, increasing the Agreement amount by $47,800 over the term of the Agreement. (Funding Source: Carpenter Road Landfill) Staff Recommendation:
Resolution approving the First Amendment with HDR Engineering, Inc. to complete assigned work and to gain Regulatory Compliance for the Carpenter Road Landfill, Modesto California, increasing the Agreement amount by $47,800 to a new total amount of $351,450 through the term of the Agreement; and authorizing the City Manager, or his designee to execute the Amendment.
PUBLIC WORKS; Rosene Nguyen, 209-577-5453, [email protected] Consent
24. Consider approving the Second Amendment with HDR Engineering, Inc. Folsom, CA for the Feasibility Study for Compost, increasing the Agreement amount by $94,658 over the term of the Agreement. (Funding Source: Compost Facility Improvement Fund)
Staff Recommendation:
Resolution approving the Second Amendment with HDR Engineering, Inc. for the Feasibility Study for Compost, increasing the Agreement amount by $94,658 to a revised total amount not to exceed $287,775 over the term of the Agreement; and authorizing the City Manager, or his designee to execute the Amendment.
PUBLIC WORKS; Rosene Nguyen, 209-577-5453, [email protected] Consent
25. Consider confirming the detachment of a non-contiguous City property deeded to Reclamation District 2091. (Funding Source: Sewer Operations Fund) Staff Recommendation:
Resolution confirming detachment of non-contiguous City of Modesto properties deeded to Reclamation District 2091, reverting the property back to unincorporated status within the County of Stanislaus and authorizing the City Manager, or his designee, to execute any and all necessary documents required for City detachment.
UTILITIES; Jeff Daniels, 209-577-6255, [email protected] Consent
26. Consider approving an Architectural Services Agreement with RED INC Architects, of Modesto, CA, for the Fire Station 1 Rehabilitation and Tenant Improvements Project in the amount of $429,490, plus $42,949 in additional services, if needed, for an Agreement total not to exceed $472,439. (Funding Source: America Rescue Plan Act Grants Fund)
Staff Recommendation:
Resolution approving an Architectural Services Agreement with RED INC Architects, of Modesto, CA for the Fire Station 1 Rehabilitation and Tenant Improvements Project in the amount of $429,490, plus $42,949 in additional services, if needed, for an Agreement total not to exceed $472,439, and - 11 -
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authorizing the City Manager, or his designee, to execute the Agreement.
UTILITIES; Cristian Ciotau, 209-571-5175, [email protected]
COUNCIL COMMENTS & REPORTS
CITY MANAGER COMMENTS & REPORTS
HEARINGS
Published in the Modesto Bee on June 13, 2025.
27. Hearing to consider approving Fiscal Year 2025-26 Diagram and Annual Assessment and ordering the Levy and Collection of Charges within Landscape Maintenance Assessment District No. 1 for Dry Creek Meadows Subdivisions Nos. 1-6. (Funding Source: Landscape Maintenance District No. 1)
Staff Recommendation:
Resolution ordering the levy and collection of such charges as shown within the Engineer’s Annual Report within the City of Modesto Landscape Maintenance Assessment District No. 1 for the Dry Creek Meadows Subdivisions Nos. 1-6 for Fiscal Year 2025-26.
CED; Edgar Garcia, 209-577-5211, [email protected] Published in the Modesto Bee on June 13, 2025.
28. Hearing to consider approving Fiscal Year 2025-26 Diagram and Annual Assessment and ordering the Levy and Collection of Charges within Landscape Maintenance Assessment District No. 2 for Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision and Yosemite Meadows Subdivisions Units 1 and 2. (Funding Source: Landscape Maintenance District No. 2)
Staff Recommendation:
Resolution ordering the levy and collection of such charges as shown within the Engineer’s Annual Report within the City of Modesto Landscape Maintenance Assessment District No. 2 for Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision, and Yosemite Meadows Subdivision Units 1 and 2 for Fiscal Year 2025-26.
CED; Edgar Garcia, 209-577-5211, [email protected] Published in the Modesto Bee on June 13, 2025.
29. Hearing to consider approving Fiscal Year 2025-26 Diagram and Annual Assessment and ordering the Levy and Collection of Charges within Shackelford Landscape and Lighting District. (Funding Source: Shackelford Landscape and Lighting District) Staff Recommendation:
Resolution ordering the levy and collection of such charges as shown within the Engineer’s Annual Report within the City of Modesto Shackelford Landscape and Lighting District for Fiscal Year 2025-26.
CED; Edgar Garcia, 209-577-5211, [email protected] - 12 -
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Published in the Modesto Bee on May 25, 2025.
30. Hearing to consider approving the 2025-2030 Consolidated Plan, accepting HUD program funds awarded through the Program Year 2025-2026 Annual Action Plan and approving the Citizens Participation Plan as required by the U.S. Department of Housing and Urban Development Department (HUD). (Funding Source: Community Development Block Grant, HOME Investment Partnerships, and Emergency Solutions Grant Funds.)
Staff Recommendation:
Resolution approving the 2025-2030 Consolidated Plan, accepting HUD program funds awarded through the Program Year 2025-2026 Annual Action Plan as required by the U.S. Department of Housing and Urban Development Department (HUD) and authorizing the City Manager, or his designee, to negotiate and execute any related program agreements, contracts, or other documentation required for implementation of the 2025-2030 Consolidated Plan and Program Year 2025-2026 Annual Action Plan and authorization to submit applicable documentation and provide technical alterations, as required by HUD, incorporate comments received prior to the close of the public comment period, and to make the necessary steps to implement the provision of this Resolution.
Resolution amending the Section 1 Policy – Citizen Participation Plan for HUD Programs of the Housing and Urban Development Policies and Procedures Manual as required by the U.S. Department of Housing and Urban Development Department (HUD).
CED; Edgar Garcia, 209-571-5101, [email protected] Published in the Modesto Bee on May 21, 2025. - Item continued from June 10, 2025 Council meeting.
31. Hearing to consider approving an Amendment to the Modesto Urban Area General Plan to change the land use of approximately 70 acres from Business Park (BP) to Residential (R); approving the Founders Point East Specific Plan, for the development of 220 acres located northeast of the Pelandale Avenue and Tully Road Intersection; approving the filing of an application to the Stanislaus County Local Agency Formation Commission for the Founders Point East Reorganization to the City of Modesto; approving an Ordinance amending Section 5-3-9 of the Zoning Map of the City of Modesto to prezone The Founders Point East Specific Plan to the Specific Plan (P-SP) Zone; and adopting a Mitigated Negative Declaration for these actions (Fitzpatrick Land Development, LLC). (Funding Source: Application Fees) Staff Recommendation:
Resolution approving an amendment to the Land Use Element of the Modesto Urban Area General Plan to change the land use of approximately 70 acres from Business Park (BP) uses to Residential (R) uses (Fitzpatrick Land Development, LLC).
Resolution approving the Founders Point East Specific Plan, for the development of approximately 220 acres located north of Pelandale Avenue, south of Kiernan Avenue, east of Tully Road and west of the former Tidewater Railroad/future Virginia Trail Corridor (Fitzpatrick Land Development, LLC). - 13 -
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Resolution approving the filing of an application to the Stanislaus County Local Agency Formation Commission for the Reorganization of approximately 220 acres located north of Pelandale Avenue, south of Kiernan Avenue, east of Tully Road and west of the former Tidewater Railroad/future Virginia Trail Corridor, including rights of way on Pelandale Avenue, Kiernan Avenue and Tully Road for Annexation to the City of Modesto (Owner Initiated Uninhabited).
Resolution adopting a Mitigated Negative Declaration for the General Plan Amendment, Founders Point Specific Plan, Prezone and application for the reorganization of Founders Point East Specific Plan to the City of Modesto. Motion introducing and waiving the first reading of an Ordinance amending Section 5-3-9 of the Zoning Map of the City of Modesto to prezone to Specific Plan (P-SP) Zone for The Founders Point East Specific Plan, approximately 220 acres located north of Pelandale Avenue, south of Kiernan Avenue, east of Tully Road and west of the former Tidewater Railroad/Future Virginia Trail Corridor (Fitzpatrick Land Development, LLC).
CED; Katharine Martin, 209-577-5465, [email protected] Published in the Modesto Bee on June 4, 2025.
32. Hearing to consider approving a Precise Plan Amendment to Precise Plan No. 35 South to amend the Circulation Plan. (Funding Source: Developer Fees) Staff Recommendation:
Motion introducing and waiving the first reading of an Ordinance amending Precise Plan No. 35 South of the Village One Specific Plan to modify the Circulation Plan and adopting the 15162 analysis and CEQA exemption.
CED; Michael Hren, 209-577-5273, [email protected]
NEW BUSINESS
33. Consider approving the Plans and Specifications for Dr. Martin Luther King, Jr. Park Renovation Project, accepting the Bid and Awarding a Construction Contract to Harris Builders, Inc. of Hilmar, CA., for a total payment amount not to exceed $11,875,792; consider approving an Agreement with TRC Engineering, Inc. of Lathrop, CA, for Construction Management and Inspection Services for a total amount not to exceed $1,042,319; and consider approving a First Amendment to the Agreement with Callander Associates Landscape Architecture, Inc. of Gold River, CA, increasing the Agreement amount by $20,000. (Funding Source: Various Funds) Staff Recommendation:
Resolution approving the approval of the Plans and Specifications for the Dr.
Martin Luther King, Jr. Park Renovation Project, accepting the Bid and Awarding a Construction Contract to Harris Builders, Inc., of Hilmar, CA, in the amount of $10,996,103, authorizing $879,689, in contingency (if needed), for a total payment amount not to exceed $11,875,792 and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution approving the Agreement with TRC Engineering, Inc, of Lathrop, CA, for Construction Management and Inspection Services for the Dr. Martin - 14 -
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Luther King, Jr. Park Renovation Project in the amount of $947,563, plus $94,756 in additional services, if needed, for a total amount not to exceed $1,042,319 and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution approving a First Amendment to the Agreement with Callander Associates Landscape Architecture, Inc., of Gold River, CA, for additional Design Support during the Construction Phase of the Project for the Dr. Martin Luther King, Jr. Park Renovation Project, increasing the Agreement amount by $20,000, to a new total amount not to exceed $704,927, plus $68,492 in additional services, if needed, for a total amount not to exceed $773,419 and authorizing the City Manager, or his designee, to execute the Amendment.
ENGINEERING SERVICES; Nathan Houx, 209-571-5526, [email protected]
MATTERS TOO LATE FOR THE AGENDA
These may be presented by members of the City Council and staff upon determination by a majority vote that an emergency exists, as defined by State law, or by a 2/3 vote that (1) there is a need to take immediate action, and (2) that the need for action came to the City’s attention after the agenda was posted.
ADJOURNMENT
CLOSED SESSION
Please take notice that a special Closed Session meeting of the Council of the City of Modesto has been called pursuant to Section 2-1.02 of the Modesto Municipal Code to be convened on
TUESDAY, JUNE 24, 2025 AT 3:30 P.M.
and after the regularly scheduled meeting in the Tenth Street Place, Chambers Conference Room, Basement Level, 1010 Tenth Street, Modesto, California.
Any and all of the following agenda items are subject to action being taken by the Modesto City Council.
The business to be considered at said City Council meeting shall consist of a Closed Session concerning the following:
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6/24/2025 5:30:00 PM
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: City of Modesto, et al. v. The Dow Chemical Company, et al. (PCE)
Superior Court of the State of California
Case No: CGC-98-999345 and CGC-98-999643
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(a) of the Government Code) Name of case(s): Matthew Ponce v. City of Modesto
California Workers Compensation Appeals Board
Nos. ADJ16177617
CONFERENCE WITH REAL PROPERTY NEGOTIATORS:
(Pursuant to Section 54956.8 of the Government Code)
Property: 601 Neece Dr., Modesto, CA 95351; APN: 102-012-001 and 102-012-004 Property Owners: City of Modesto
Negotiating Parties:
For City: Joseph P. Lopez, City Manager
For Lessee: Michael Shapiro, President – Pioneer Baseball League Under Negotiation: Price and Terms of Lease
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Pursuant to Section 54957 of the Government Code)
Title: City Manager
CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – Unrepresented Employee Negotiator: Mayor Sue Zwahlen
Unrepresented Employee: City Manager
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
at by
date time signature