Modesto City Council
January 11, 2022

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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 11, 2022 at 5:30 PM
*Roll Call - Councilmembers Escutia-Braaton, Kenoyer, Madrigal, Ricci, Wright, Zoslocki, Mayor Zwahlen
* Some Councilmembers may be participating in the meeting remotely via teleconferencing or other electronic means consistent with the AB 361.

THIS MEETING WILL BE PHYSICALLY OPEN TO THE PUBLIC AND BY ZOOM

VIDEO CONFERENCING AND TELEPHONE
In order to minimize the spread of the COVID-19 virus, this meeting will be conducted pursuant to AB 361, which amended the Brown Act’s teleconferencing provisions. If you choose to attend the Council meeting in person, you will be required to wear a face covering and maintain appropriate social distancing. Please note, seating will be limited.

You may observe a livestream of the meeting at http://media.modestogov.com. You may also participate in the meeting as indicated below.

PARTICIPATING IN CITY COUNCIL MEETINGS IN CONFORMANCE WITH AB 361
The City of Modesto is providing alternatives to view Council meetings and provide public comments. If you wish to make either a general public comment or to comment on a specific agenda item, you may use one of the following options:
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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 by 3:00 p.m. on the day of the meeting.

VIRTUAL PARTICIPATION BY ZOOM VIDEO

CONFERENCING AND TELEPHONE
Joining the City Council meeting via Zoom
The City of Modesto is now offering the ability to view and participate in Council meetings via telephonic conferencing via “Zoom” video conferencing computer technology. The meeting may be accessed through the use of Zoom using the following options:
 Enter the following link into an Internet Browser
https://us02web.zoom.us/j/86945970570,
 Enter the following link into an Internet Browser https://zoom.us/ and using the Webinar ID 869 4597 0570
 Passcode 84326
To use Zoom, please visit: https://zoom.us/ and either sign-up for a free Zoom account or continue as a guest. Once you have downloaded the app onto your mobile device, joined from your web browser, or downloaded the Zoom software on your computer you will be ready for the upcoming Council meeting.

Joining the City Council meeting via Telephone
If you don’t have a smart phone or computer to access the meeting via Zoom, you can participate by phone, by calling 1-877-853-5257 (Toll Free) or 1-888-475-4499 (Toll Free) and enter the Webinar ID 869 4597 0570 Passcode 84326
Providing Public Comment on Zoom and by Telephone
The Mayor will request public comment during the Public Comment periods on the meeting agendas and during each Public Hearing and Regular Calendar Item on the Council Agenda.

Once the Mayor has announced the public comment period, please do one of the following.

USING A COMPUTER OR SMART PHONE APP:
 Click on the “Raise Hand” feature in the webinar controls. This will notify City staff that you have raised your hand.
 City staff will unmute your microphone when it is your turn to provide public comment.
 A prompt will appear to confirm you would like to be unmuted and then you will have three minutes to provide public comment.
 Once your public comment has ended, you will be muted again. - 2 -
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USING A REGULAR PHONE (not using a computer or smart phone APP):
 Dial *9 (star 9), this will notify City staff that you have “raised your hand” for public comment.
 City staff will unmute your microphone when it is your turn to provide public comment.
 You will hear “you are unmuted” and then you will have three minutes to provide public comment.
 Once your public comment has ended, you will be muted again.  If your phone is unmuted, and you are unable to be heard, the host may ask that you Dial *6 to toggle mute on/off in Zoom.

Additional Zoom resources/support
Please visit Zoom’s website support page on helpful tips to prepare for the meeting:
https://support.zoom.us/hc/en-us/categories/201146643
Pledge of Allegiance to the Flag
Invocation: Mark Krieger, Modesto Covenant Church
City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session

ACKNOWLEDGEMENTS AND PRESENTATIONS

1. County/Covid-19 update. (Funding Source: Not Applicable) CITY MANAGER; Joseph Lopez, 209-577-5223, [email protected]

MISCELLANEOUS
Legislation, Appointments, and/or Other

2. Consider approving the appointment of Karen Burch as the Dryden Women’s Golf Club representative, and the reappointment of Pam Giusto as a Member-At-Large, to the City of Modesto Golf Courses Advisory Committee from January 1, 2022 through December 31, 2025. (Funding Source: Not Applicable)
Staff Recommendation:
 Resolution approving the appointment of Karen Burch as the Dryden Women’s Golf Club representative, and the reappointment of Pam Giusto as a MemberAt-Large, to the City of Modesto Golf Courses Advisory Committee from January 1, 2022 through December 31, 2025.

PRN; Laurie Smith, 209-577-5347, [email protected]

3. Consider reappointing Pervez Khan and Chris Murphy for a third term, and Angela - 3 -
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Cangiamilla for a second term, to the Modesto Convention and Visitors Bureau Board of Directors from January 1, 2022 to December 31, 2023. (Funding Source: Not Applicable)
Staff Recommendation:
 Resolution reappointing Pervez Khan and Chris Murphy for a third term, and Angela Cangiamilla for a second term, to the Modesto Convention and Visitors Bureau Board of Directors from January 1, 2022 to December 31, 2023.

PRN; Laurie Smith, 209-577-5347, [email protected]

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

CONSENT ITEMS – ROLL CALL VOTE REQUIRED
Information concerning the consent items listed below has been forwarded to each Councilmember prior to this meeting for study. Unless some member of the audience or Councilmember has a question concerning an item and asks that it be withdrawn from the consent list, the Council approves the items at one time. The action taken by the Council in approving consent items is set forth in the explanation of this individual item.

Any and all of the following agenda items are subject to action by the Modesto City Council.

This Agenda is on file at the Modesto-Stanislaus Library Reference Room, 1500 I Street, Modesto, in the City Clerk’s Office, Sixth Floor, 10th Street Place, and is available on the City’s Web site at www.modestogov.com.

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 - 4 -
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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.

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

Consent

4. Consider approving the minutes from the December 14, 2021 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
 Motion approving the minutes from the December 14, 2021 Council Meeting CITY CLERK; Dana Sanchez, 209-577-5396, [email protected] Consent

5. Consider approving a resolution continuing to authorize remote teleconference meetings pursuant to Assembly Bill 361. (Funding Source: Not Applicable) Staff Recommendation:
 Resolution continuing to authorize remote teleconference meetings of the City of Modesto pursuant to Assembly Bill 361.

CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected] Consent

6. Consider approving a Loan Agreement and Loan from the City to the Successor Agency to fund a Settlement Agreement regarding Civic Partners Modesto, Inc. (Funding Source: General Fund and RPTTF Fund)
Staff Recommendation:
 Resolution approving a Loan Agreement and Loan to the City of Modesto Redevelopment Successor Agency in the amount of $300,000 pursuant to Health and Safety Code Section 34173(h)(1), and authorizing the City Manager, or his designee to execute the loan Agreement.

CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected] Consent

7. Consider approving the recommended budget adjustments to Fiscal Year 2021-22 Annual Operating and Capital Improvement Program Budgets. (Funding Source:

Various Funds)
Staff Recommendation:
 Resolution amending the Fiscal Year 2021-22 Annual Operating and Capital Improvement Project Fund Budgets and authorizing the City Manager, to take the necessary steps to implement the provisions of this resolution.

BUDGET; Steve Christensen, 209-577-5390, [email protected] - 5 -
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Consent

8. Consider approving the “upstreaming“ of the remaining Emergency Rental Assistance Program (ERAP) 1 funds to the US Treasury to be reallocated to the State of California with a designation for Modesto residents in the amount of $2,327,945. (Funding Source: US Treasury ERAP1 Funds)
Staff Recommendation:
 Resolution approving the “upstreaming“ of the remaining Emergency Rental Assistance Program (ERAP) 1 funds to the US Treasury to be reallocated to the State of California with a designation for Modesto residents in the amount of $2,327,945 and authorizing the City Manager or his designee, to execute any documents related to the purpose of this resolution.
 Resolution amending the fiscal year 2021-2022 multi-year fund budget, reducing the allocation of Consolidated Appropriations Act of 2021 funds from the U.S. Department of Treasury with appropriate revenue and expenditure allocations and authorizing the City Manager, or his designee, to return the Federal Emergency Rental Assistance (ERA) #1 funding received on January 25, 2021, in an amount of $2,327,945, to the U.S. Treasury and authorizing the City Manager or his designee, to take the necessary steps to implement the provisions of this resolution.
 Resolution amending the fiscal year 2021-2022 multi-year fund budget, amending the allocation of American Rescue Plan Act of 2021 funds from the Department of Housing and Community Development with appropriate revenue and expenditure allocations and authorizing the City Manager, or his designee, to accept the State Emergency Rental Assistance (ERA) 2 funding received on November 23, 2021, in the amount of $60,751, and authorizing the City Manager or his designee, to take the necessary steps to implement the provisions of this resolution.

CED; Jessica Hill, 209-577-5321, [email protected]
Consent

9. Consider approving a Will Serve Letter and Outside Service Agreement for sewer service for the property located at 1009 Chicago Avenue (APN: 030-018-015). (Funding Source: Sewer Fund and General Fund)
Staff Recommendation:
 Resolution approving a Will Serve Letter and Outside Service Agreement between the City of Modesto and Francisco Aquilar, and Maria R. Aquilar, Trustees of the Francisco and Maria R. Aquilar Trust, to connect to the City of Modesto’s existing sewer system for the property located at 1009 Chicago Avenue in Modesto (APN: 030-018-015), and authorizing the City Manager, or his designee, to sign the Will Serve Letter and execute the Outside Service Agreement.

CED; Nathan Bray, 209-571-5542, [email protected]
Consent

10. Consider approving a Memorandum of Understanding (MOU) with Stanislaus Council of Governments for suballocation of Regional Early Action Planning grant program - 6 -
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funds, and amending Fiscal Year 2021-22 Non-Capital project #100838 – Modesto General Plan Update in the amount of $161,956 to fund certain housing-related work associated with the comprehensive General Plan update. (Funding Source: State of California Regional Early Action Planning (REAP) Grant Funds through Stanislaus Council of Governments)
Staff Recommendation:
 Resolution approving a Memorandum of Understanding with Stanislaus Council of Governments for suballocation of Regional Early Action Planning Grant Program funds; and authorizing the City Manager, or his designee to sign the Memorandum of Understanding.
 Resolution amending Fiscal Year 2021-22 Non-Capital project #100838 – Modesto General Plan Update in the amount of $161,956 to recognize the Regional Early Action Planning (REAP) grant and fund certain housing-related work associated with the comprehensive General Plan update; and authorizing the City Manager, or his designee, to implement the provisions of this resolution.

CED; Brad Wall, 209-577-5273, [email protected]
Consent

11. Consider accepting an informational report for the November 2021 Accounts Payable Payment Register and Void report. (Funding Source: Not Applicable) Staff Recommendation:
 Motion accepting an informational report for the November 2021 Accounts Payable Payment Register and Void report.

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

12. Consider accepting the Monthly Investment Report for October 2021. (Funding Source: Various Funds)
Staff Recommendation:
 Motion accepting the Monthly Investment Report for October 2021.

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

13. Consider accepting an actuarial valuation report of other post-employment benefits (OPEB) as of the measurement date June 30, 2020 pursuant to updated financial reporting and accounting requirements from the Governmental Accounting Standards Board (GASB) Statements 74 and 75. (Funding Source: Not Applicable) Staff Recommendation:
 Resolution accepting an actuarial valuation report of other post-employment benefits (OPEB) as of June 30, 2020 pursuant to updated financial reporting and accounting requirements from the Governmental Accounting Standards Board (GASB) Statements 74 and 75.

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

14. Consider approving an amendment to the Purchasing Agreements with Affinitech, Chanhassen, MN, by increasing the annual estimated amount by $150,000 for a new revised total of $250,000; and decreasing the annual estimated amount with EyeP Solutions, Cameron Park, CA, by $50,000 for a new revised total of $75,000; and decreasing the annual estimated amount with Intellisite, Ceres, CA by $100,000 for a new revised total of $25,000 for cameras, LPRs, accessories and camera licensing for a total estimated annual cost of $350,000 and a total combined cost not to exceed $1,750,000 over five years; and authorizing the Director of Finance to adjust agreement totals between vendors based on contractor’s availability and department’s needs, ensuring the combined total cost does not change. (Funding Source: Supplemental Law Enforcement Services Fund (SLESF), Byrne Justice Assistance Grants (BJAG), Utilities Funds, Traffic Safety Fund and Modesto Police Department General Fund) Staff Recommendation:
 Resolution approving an amendment to the Purchasing Agreements with Affinitech, Chanhassen, MN, by increasing the annual estimated amount by $150,000 for a new revised total of $250,000; and decreasing the annual estimated amount with EyeP Solutions, Cameron Park, CA, by $50,000 for a new revised total of $75,000; and decreasing the annual estimated amount with Intellisite, Ceres, CA by $100,000 for a new revised total of $25,000 for cameras, LPRs, accessories and camera licensing for a total estimated annual cost of $350,000 and a total combined cost not to exceed $1,750,000 over five years; and authorizing the Director of Finance to adjust agreement totals between vendors based on contractor’s availability and Department’s needs, ensuring the combined total cost does not change and authorizing the Director of Finance, or her designee, to execute the amendments, and authorizing the Director of Finance, or her designee, to execute the amendments.

FINANCE DEPARTMENT; Cynthia Kline, 209-577-5412, [email protected] Consent

15. Consider approving the award of bids for two new additions in the amount of $95,206 and ten City Fleet Replacements for Modesto Police Department (MPD) in the amount of $407,990. (Funding Source: Fleet Replacement Fund, Police Grants Fund) Staff Recommendation:
 Resolution approving the award of bid for the purchase of two passenger vans to Napa Ford, Napa, CA for a total amount not to exceed $95,206, and authorizing the Purchasing Manager, or her designee, to execute the Purchase Order.
 Resolution approving the award of bid for the purchase of six Ford Police Interceptors to Tracy Ford, Tracy, CA for a total amount not to exceed $241,425, and authorizing the Purchasing Manager, or her designee, to execute the Purchase Order.
 Resolution approving the award of bid for the purchase of four Ford Responders to Napa Ford, Napa, CA for a total amount not to exceed $166,564, - 8 -
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and authorizing the Purchasing Manager, or her designee, to execute the Purchase Order.

FINANCE DEPARTMENT; Cynthia Kline, 209-577-5412, [email protected] Consent

16. Consider amending the Position Allocation Plan in two departments: Unfreezing one Captain, one Sergeant, and three Community Service Officers in the Police Department; and reallocating one Senior Software Analyst to one Senior Systems Technician in the Information Technology Department and amending the Fiscal Year 2021-22 Operating Budget in the amount of $357,525 to fund one Captain, one Sergeant, and three Community Service Officers in the General Fund from SR911 and SASA savings. (Funding Source: Various Funds)
Staff Recommendation:
 Resolution amending the Position Allocation for Fiscal Year 2021-22 as adopted in the Operating Budget.
 Resolution amending the Fiscal Year 2021-22 Operating Budget in the amount of $357,525 to fund the unfreezing of one Captain, one Sergeant, and three Community Service Officers in the general fund field operations cost center (0100-19320).

HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] Consent

17. Consider approving the plans and specifications for the Ralston Tower Park Project, accepting the bid and awarding a contract to Taylor Backhoe Service, Inc. DBA TBS Contractors of Merced, CA in the amount of $897,100 and authorizing the Director of Utilities to approve change orders up to the cumulative amount of $89,710 (10% of the original contract price) if needed for a total amount not to exceed $986,810; accepting grant award in the amount of $550,000 from California State Parks, Land and Water Conservation Fund; and amending the Fiscal Year 21/22 Capital Improvement Program Budget. (Funding Source: Community Development Block Grant Funds and Land and Water Conservation Fund Grant Funds)
Staff Recommendation:
 Resolution approving the plans and specifications for the Ralston Tower Park Project, accepting the bid and awarding a contract to Taylor Backhoe Service, Inc. DBA TBS Contractors of Merced, CA in the amount of $897,100 and authorizing the Director of Utilities to approve change orders up to the cumulative amount of $89,710 (10% of the original contract price) if needed for a total amount not to exceed $ 986,810 and authorizing the City Manager, or his designee to execute the Agreement.
 Resolution accepting grant award in the amount of $550,000 from California State Parks, Land and Water Conservation Fund.
 Resolution amending the Fiscal Year 2021/22 Capital Improvement Program (CIP) Budget,
 Project 100866 in the amount of $550,000 to recognize the Land and Water Conservation Fund grant and fund the Senior Playground 2014 project construction; and authorizing the City Manager, or his designee, to implement - 9 -
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the provisions of this resolution.

PRN; Nathan Houx, 209-571-5526, [email protected]
Consent

18. Consider approving the competitive bidding process from OMNIA, Charlotte, NC with Playcore Wisconsin, Inc., DBA Gametime of Spring Lake, NJ, for Playground and Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services at Revard Park, for a cost not to exceed $58,457. (Funding Source: California State Parks Grant and Parks Fund)
Staff Recommendation:
 Resolution approving the competitive bidding process from OMNIA, Charlotte, NC with Playcore Wisconsin, Inc DBA Gametime of Spring Lake, NJ, for Playground and Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services at Revard Park, for a cost not to exceed $58,457; and authorizing the Purchasing Manager, or her designee, to issue the purchase order.

PRN; Nathan Houx, 209-571-5526, [email protected]
Consent

19. Consider approving the amended Bylaws for the Golf Courses Advisory Committee. (Funding Source: Golf Fund)
Staff Recommendation:
 Resolution approving the amended Bylaws for the Golf Courses Advisory Committee.

PRN; Laurie Smith, 209-577-5347, [email protected]
Consent

20. Consider authorizing payment of an insurance deductible in the amount of $100,000 to Belfor Property Restoration, Modesto, CA for the Creekside Golf Clubhouse Fire Repair. (Funding Source: Golf Fund)
Staff Recommendation:
 Resolution authorizing payment of an insurance deductible in the amount of $100,000 to Belfor Property Restoration, Modesto, CA for the Creekside Golf Clubhouse Fire Repair and authorizing the City Manager, or his designee, to issue the payment and execute the Agreement.

PRN; Laurie Smith, 209-577-5347, [email protected]
Consent

21. Consider approving the First Amendment increasing the Agreement amount with Van De Pol Petroleum, Stockton, CA, for Renewable Diesel and Bulk Fuel services by $1,480,796 from $1,270,000 to a new total amount of $2,750,796 annually and a total revised amount from $6,350,000 not to exceed $12,273,184 over the total term of contract, and authorizing the Director of Finance to adjust locations based on an as needed basis, ensuring the combined total cost does not change. (Funding Source:

Various Funds)
Staff Recommendation:
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 Resolution approving the First Amendment increasing the Agreement amount with Van De Pol Petroleum, Stockton, CA, for Renewable Diesel and Bulk Fuel services by $1,480,796 from $1,270,000 to a new total amount of $2,750,796 annually and a total revised amount from $6,350,000 not to exceed $12,273,184 over the total term of the Agreement, and authorizing the Director of Finance to adjust locations based on an as needed basis, ensuring the combined total cost does not change and authorizing the Director of Finance, or her designee, to execute the amendment.

PUBLIC WORKS; Steve Fischio, 209-342-2222, [email protected] Consent

22. Consider approving a First Amendment to the Consultant Agreement with Slate Communications, for Interim Public Relations Consultant Services and Communications and Outreach Support for the Utilities Department, and increasing the amount by $90,000 from $50,000 to a new total amount not to exceed $140,000. (Funding Source: General Fund, Water and Wastewater Funds & Various Departmental Funds)
Staff Recommendation:
 Resolution approving a First Amendment to the Consultant Agreement with Slate Communications, for Interim Public Relations Consultant Services and Communications and Outreach Support for the Utilities Department, and increasing the amount by $90,000 from $50,000 to a new total amount not to exceed $140,000, and authorizing the City Manager, or his designee, to execute the amendment.

UTILITIES; William Wong, 209-571-5801, [email protected]

COUNCIL COMMENTS & REPORTS

CITY MANAGER COMMENTS & REPORTS

HEARINGS
Published in the Modesto Bee on December 31, 2021

23. Hearing to consider the application of Provident Senior Solutions, Inc and issuing this entity a permit to operate as non-emergency medical transport services in the City of Modesto. (Funding Source: General Fund)
Staff Recommendation:
 Resolution accepting the application of Provident Senior Solutions, Inc. and authorizing the issuance of a permit to operate as a non-emergency medical transport company in the City of Modesto.

POLICE DEPARTMENT; Brandon Gillespie, 209-572-9500,
[email protected]
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NEW BUSINESS

24. Consider approving the City of Modesto’s Homekey 2.0 Project Application for the project located at 1208 9th Street, authorizing the City Manager, or his designee, to submit the application, applicable documentation, and provide technical alterations, as required by HCD as well as negotiate and execute any related program Agreements or documents required for the implementation and acceptance of Homekey 2.0 Program Grant., as required by HCD, approving a loan for the Center for Human Services in an amount up to $500,000 in Permanent Local Housing Allocation Funds to assist with the rehabilitation of 1208 9th Street, , and amending the fiscal year 2021-2022 multiyear fund budget to establish a project for the Homekey 2.0 program as well as to transfer $550,000 from fund (1120) – grants – PLHA Program to Homekey 2.0 project. (Funding Source: Homekey 2.0 Funds and Permanent Local Housing Allocation Funds)
Staff Recommendation:
 Resolution approving the City of Modesto’s Homekey 2.0 Project Application for the project located at 1208 9th Street, authorizing the City Manager, or his designee, to submit the application, applicable documentation, and provide technical alterations, as required by the State of California Housing and Community Development (HCD) as well as negotiate and execute any related program Agreements or documents required for the implementation and acceptance of Homekey 2.0 Program Grant and authorizing the City Manager or his designee to execute any documents in the execution of this Resolution.  Resolution of the Governing body of the City of Modesto authorizing joint application to and participation in the Homekey Program.  Resolution approving a loan for Center for Human Services in an amount up to $500,000 in Permanent Local Housing Allocation Funds to assist with the rehabilitation of 1208 9th Street, and authorizing the City Manager or his designee to execute the Agreements.
 Resolution amending the fiscal year 2021-2022 multi-year fund budget to establish a project for the Homekey 2.0 program to be funded with Permanent Local Housing Allocation program grants and authorizing the City Manager or his designee, to take the necessary steps to implement the provisions of this resolution.
 Resolution amending the fiscal year 2021-2022 multi-year fund budget to transfer $550,000 from fund (1120) – Grants – PLHA Program to Homekey 2.0 project and authorizing the City Manager or his designee, to take the necessary steps to implement the provisions of this resolution.

CED; Jessica Hill, 209-577-5321, [email protected]

25. Consider approving a Professional Services Agreement with Public Agency Retirement Services (PARS), Newport Beach, CA for a three-year Agreement with four one-year extensions to provide administrative and management services of a Section 115 Trust for an amount determined based on the fee schedule defined under Exhibit A and funding a Pension Trust in the amount of $2,345,594 and an OPEB Trust in the amount of $1,387,280 and amending the Fiscal Year 2021-22 annual operating budget to - 12 -
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transfer funds in the amount of $2,345,594 and $1,387,280 from various funds to the employee benefits fund. (Funding Source: Various Funds) Staff Recommendation:
 Resolution approving Professional Services Agreement with Public Agency Retirement Services (PARS), Newport Beach, CA, to provide Trust Administration Services for a three-year contract with four one-year extension options for a potential seven-year Agreement at the sole discretion of the City, in an amount based on the fee structure defined under Exhibit A, and authorizing the City Manager, or his designee, to execute the Agreement.  Resolution amending the Fiscal Year 2021-22 annual operating budget to transfer funds in the amount of $2,345,594 and $1,387,280 from various funds to the employee benefits fund to establish the Unfunded Accrued Liability (UAL) Trust Fund contribution and the Other Post-Employment Benefits Liability Trust Fund contribution and authorizing the City Manager, to take the necessary steps to implement the provisions of this resolution.

HUMAN RESOURCES; Christina Alger, 209-571-5126, [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
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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, JANUARY 11, 2022, at 4:30 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:

CLOSED SESSION

1. Consider appointing Real Property Negotiators Jaylen French, Director of Community & Economic Development and Jose M. Sanchez, City Attorney for Property: APN: 135-029-022.

Motion appointing Real Property Negotiators Jaylen French, Director of Community & Economic Development and Jose M. Sanchez, City Attorney for Property: APN: 135-029-022.

City Attorney, Jose M. Sanchez, 577-5284, [email protected] CONFERENCE WITH REAL PROPERTY NEGOTIATORS:
(Pursuant to Section 54956.8 of the Government Code)
Property: 4125 Sisk Road, Modesto CA 95356 – APN 135-029-022 Property Owners: Kimberly Anne Soranno, Trustee of the Leonard J. Soranno Marital Trust
Negotiating Parties:

For City: Jaylen French, Director of Community & Economic Development
Jose M. Sanchez, City Attorney
For Owner: Mr. Arnold J. Wolf – Freeman Firm
Under Negotiation: Price and Terms
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Two Cases (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: Civic Partners Modesto, Inc. v. City of Modesto Redevelopment Successor Agency
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Stanislaus County Superior Court
Case No. 9000266
Peltier v. City of Modesto
Superior Court of California, County of Stanislaus
Stanislaus County Case No. 2022652
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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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

January 11, 2022
Date: December 21, 2021
TO: Mayor & City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Laurie A. Smith, Director of Parks, Recreation and Neighborhoods SUBJECT: Golf Courses Advisory Committee Appointments
CONTACT: Laurie A. Smith, Director, [email protected], 209-577-5347 DESCRIPTION:

Consider approving the appointment of Karen Burch as the Dryden Women’s Golf Club representative, and the reappointment of Pam Giusto as a Member-At-Large, to the City of Modesto Golf Courses Advisory Committee from January 1, 2022 through December 31, 2025. (Funding Source: Not Applicable)
STRATEGIC PLAN ELEMENT:

This action supports the City’s 2020-2025 Strategic Plan’s Area of Focus to promote its economic vitality goals to drive the success of a vibrant and economically sustainable business climate, build and promote a recognizable and desirable identity of the City of Modesto, and to make downtown Modesto a regional destination.

BACKGROUND:

Section 1102 of the Charter of the City of Modesto authorizes the City Council to appoint members of various Boards and Commissions with the recommendation of the City’s Appointments Committee. The Golf Courses Advisory Committee (GCAC) acts as an advisory body and liaison for and between the general golfing community, golf organizations and the City of Modesto, to promote the game of golf in the Modesto area. Per the Bylaws, the GCAC is comprised of five (5) members representing local golf organizations (SIRS Golf Club, Creekside Golf Club, Muni-Niners Golf Club, Modesto Golf Club, and Dryden Women’s Golf Club) and six (6) Members-At-Large.

DISCUSSION:

The Dryden Park Women’s Golf Club (Club) holds one of five golf organization seats on the Golf Course Advisory Committee. The seat has remained vacant since February 2020 with the resignation of Shirley Keyser. The Club nominated Ms. Karen Burch to fill the seat. On December 16, 2021, the Appointment’s Committee unanimously recommended Ms. Burch’s #2..
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City Council, January 11, 2022
Golf Courses Advisory Committee Appointments

appointment to serve on the Golf Courses Advisory Committee as the Dryden Women’s Golf Club representative from January 1, 2022 through December 31, 2025.

On August 14, 2018, by Resolution No. 2018-327, Council appointed Pam Giusto as a memberat large, to the Golf Courses Advisory Committee. Prior to the start of her term and throughout, staff attempted to contact Ms. Giusto of her appointment, but was unsuccessful. In May 2021, the Golf Courses Advisory Committee, as permitted by its bylaws, started the process to terminate Ms. Giusto’s appointment. However, Ms. Giusto contacted staff and advised that her contact information, as submitted on her application, changed shortly after it was submitted.

Ms. Guisto confirmed her continued interest in serving and attended one meeting where the action to terminate her appointment was unanimously rescinded. Due to the unique circumstances, staff conferred with the City Attorney’s Office and determined she be allowed to be reappointed for a four year term from January 1, 2022 through December 31, 2025 and have the opportunity to apply for reappointment in 2026.

FISCAL IMPACT:

There is no fiscal impact related to this action.

COMMITTEE RECOMMENDATION:

The recommendation for the appointment of Karen Burch and the reappointment of Pam Giusto was made by the Appointments Committee on December 16, 2021.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the appointment of Karen Burch as the Dryden Women’s Golf Club representative, and the reappointment of Pam Giusto as a Member-At-Large, to the City of Modesto Golf Courses Advisory Committee from January 1, 2022 through December 31, 2025.

Approved by:

Laurie A. Smith, Director
Parks, Recreation and Neighborhoods Department
Joseph P. Lopez, City Manager
Attachment:

1. Resolution
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01-11-2022/PRN/L.Smith 1 2022-?

MODESTO CITY COUNCIL
RESOLUTION NO. 2021-

RESOLUTION APPROVING THE APPOINTMENT OF KAREN BURCH, AS THE DRYDEN WOMEN’S GOLF CLUB REPRESENTATIVE, AND THE

REAPPOINTMENT OF PAM GIUSTO AS A MEMBER-AT-LARGE, TO THE GOLF COURSES ADVISORY COMMITTEE, FROM JANUARY 1, 2022
THROUGH 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, the Golf Courses Advisory Committee is comprised of five members representing local golf organizations: SIRS Golf Club, Muni-Niners Golf Club, Modesto Golf Club, Creekside Golf Club, and Dryden Women’s Golf Club, and six Members-AtLarge; and WHEREAS, Karen Burch, representing the Dryden Women’s Golf Club, is seeking appointment; and
WHEREAS, by Resolution No. 2018-327, Council appointed Pam Giusto to the Golf Courses Advisory Committee as a Member-at-Large; and WHEREAS, the Appointments Committee met on December 16, 2021, and recommended the appointment of Karen Burch as the Dryden Women’s Golf Club representative and the reappointment of Pam Giusto as a Member-at-Large; and WHEREAS, each will serve from January 1, 2022 through December 31, 2025.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the appointment of Karen Burch, as the Dryden Women’s Golf Club representative, to the Golf Courses Advisory Committee, from January 1, 2022 through December 31, 2025.
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BE IT FURTHER RESOLVED, that it hereby approves the reappointment of Pam Giusto as a Member-at Large, to the Golf Courses Advisory Committee from January 1, 2022 through December 31, 2025.

BE IT FURTHER RESOLVED that the Interim City Clerk is hereby directed to transmit a copy of this resolution to the appointed members of the Golf Courses Advisory Committee, and the Secretary, thereof.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 11th day of January, 2022, 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:

DANA SANCHEZ, Interim City Clerk
APPROVED AS TO FORM:

BY: _______________________________
JOSE M. SANCHEZ, City Attorney
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

January 11, 2022
Date: December 21, 2021
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Laurie A. Smith, Director of Parks, Recreation and Neighborhoods SUBJECT: Modesto Convention and Visitors Bureau Board of Director Reappointments CONTACT: Laurie A. Smith, Director of Parks, Recreation and Neighborhoods, [email protected], 209-577-5347
DESCRIPTION:

Consider reappointing Pervez Khan and Chris Murphy for a third term, and Angela Cangiamilla for a second term, to the Modesto Convention and Visitors Bureau Board of Directors from January 1, 2022 to December 31, 2023. (Funding Source: Not Applicable) STRATEGIC PLAN ELEMENT:

This action supports the City’s 2020-2025 Strategic Plan’s Area of Focus to promote its economic vitality goals to drive the success of a vibrant and economically sustainable business climate, build and promote a recognizable and desirable identity of the City of Modesto, and to make downtown Modesto a regional destination.

BACKGROUND:

Section 1102 of the Charter of the City of Modesto authorizes the City Council to appoint members to various Boards and Commissions. On May 7, 2019, by Resolution 2019-201, First Amendment to the Amended and Restated Modesto Convention and Visitors Bureau (CVB) bylaws affirmed Council’s authority to appoint members to the CVB Board of Directors (BOD).

Each appointment to the BOD must be a resident of the City of Modesto, Stanislaus County, or an employee of a business located in the City of Modesto or its metropolitan area. A majority of the appointees must reside in Modesto and at least 50% of the BOD shall represent the hospitality industry, including entertainment, attractions, food and beverage establishments, travel industry professionals, convention and meeting clients, and transportation representatives.

BOD Composition(s):

MINIMUM (7)
 3 Board Members - Representing a major entertainment, restaurant, sports venue, retail business or attraction.
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City Council, January 11, 2022
Modesto Convention and Visitors Bureau Board of Director Reappointments

 2 Board Members – Representing the lodging industry within the City of Modesto.
 2 Board Members - Residents of the City of Modesto and may or may not be directly associated with the tourism, hospitality or entertainment industries, but shall have demonstrated an interest in the City.

MAXIMUM (9)
 Minimum Board composition plus the addition of no more than two Board Members meeting one or more of the qualifications listed above.

On May 7, 2019, by Resolution No. 2019-202, Council appointed the first Board of Directors for the newly restored Modesto Convention and Visitors Bureau. A total of nine were appointed with a mix of one, two, and three year terms to ensure a continuity of service. The bylaws allow for Directors to serve a total of three terms, with subsequent and new terms being two years.

DISCUSSION:

On May 7, 2019, by Resolution No. 2019-202, Council appointed Pervez Khan and Chris Murphy to the Convention and Visitors Bureau Board of Directors. Mr. Khan represents the lodging industry, and Mr. Murphy meets one or more of the required qualifications. On March 3, 2020, by Resolution No. 2020-118, both were appointed to a second term. The bylaws affirm that Board of Directors may serve up to three consecutive terms, and all have expressed a desire to be reappointed for a third and final term commencing on January 1, 2022 through December 31, 2023.

On October 22, 2020, by Resolution No. 2020-468, Council appointed Angela Cangiamilla to the Convention and Visitors Bureau Board of Directors to fill one of two appointed Directors which meet one or more of the required qualifications. Ms. Cangiamilla has expressed a desire to be reappointed to the CVB Board of Directors for a second term commencing on January 1, 2022 through December 31, 2023.

The attendance rates (2021) for those being considered for reappointment are as follows:

Pervez Khan 81%
Chris Murphy 94%
Angela Cangiamilla 100%
FISCAL IMPACT:

There is no fiscal impact related to this action.

COMMITTEE RECOMMENDATION:

The reappointments were considered by the Appointments Committee on December 1, 2021 which recommended the reappointments of Pervez Khan, Chris Murphy, and Angela Cangiamilla be forwarded to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution reappointing Pervez Khan and Chris Murphy for a third term, and Angela Cangiamilla for a second term, to the Modesto Convention and Visitors Bureau Board of Directors from January 1, 2022 to December 31, 2023.
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City Council, January 11, 2022
Modesto Convention and Visitors Bureau Board of Director Reappointments

Approved by:

Laurie A. Smith, Director
Parks, Recreation and Neighborhoods Department
Joseph P. Lopez, City Manager
Attachments:

1. Resolution
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01/11/2022/PRND/SMITH 1 2022-?

MODESTO CITY COUNCIL
RESOLUTION NO. 2022

RESOLUTION REAPPOINTING PERVEZ KHAN AND CHRIS MURPHY FOR

A THIRD TWO-YEAR TERM, AND ANGELA CANGIAMILLA, FOR A

SECOND TWO-YEAR TERM, TO THE MODESTO CONVENTION AND
VISITORS BUREAU BOARD OF DIRECTORS FROM JANUARY 1, 2022 THROUGH DECEMBER 31, 2023
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, Resolution No. 2019-201 affirms Council’s authority to appoint members to the Modesto Convention and Visitors Bureau’s Board of Directors; and WHEREAS, on May 7, 2019, by Resolution No. 2019-202, Council approved the appointments of Pervez Khan and Chris Murphy to the Modesto Convention and Visitors Bureau Board of Directors; and
WHEREAS, on March 3, 2020, by Resolution No. 2020-118, Council approved the reappointments of Pervez Khan and Chris Murphy to the Modesto Convention and Visitors Bureau Board of Directors for a second two-year term; and WHEREAS, Pervez Khan and Chris Murphy have each expressed a desire to serve a third and final two-year term as permitted by the bylaws; and WHEREAS, on October 22, 2020 by Resolution No. 2020-468, Council appointed Angela Cangiamilla to the Modesto Convention and Visitors Bureau Board of Directors; and
WHEREAS, Angela Cangiamilla has expressed a desire to serve a second twoyear term as permitted by the bylaws.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby reappoints Pervez Khan and Chris Murphy to the Modesto Convention and #3..
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Visitors Bureau Board of Directors for a third and final term from January 1, 2022 through December 31, 2023.

BE IT FURTHER RESOLVED, that it hereby reappoints Angela Cangiamilla to the Modesto Convention and Visitors Bureau Board of Directors for a second two-year term from January 1, 2022 through December 31, 2023.

BE IT FURTHER RESOLVED that the Interim City Clerk is hereby directed to transmit a copy of this resolution to the appointed members of the Modesto Convention and Visitors Bureau, and the Secretary, thereof.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 11th day of January, 2022, 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:

DANA SANCHEZ, Interim City Clerk
APPROVED AS TO FORM:

BY: ___________________________
JOSE M. SANCHEZ, City Attorney
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12/14/2021 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, December 14, 2021 at 5:30 PM
Roll Call – Present: Councilmembers Escutia-Braaton, Kenoyer, Madrigal, Ricci, Wright, Zoslocki, Mayor Zwahlen
Pledge of Allegiance to the Flag
Invocation: Shalom Bochner, Congregation Beth Shalom
City Clerk’s Announcements: None
Declaration of Conflicts of Interest: None
Reports from Closed Session:

City Attorney Jose Sanchez reported out on Closed Session. Regarding Conference with Legal Counsel - Anticipated Litigation - One Case, regarding opioid litigation, by a vote of 6/1 (Ricci, No) Council authorized and directed the City Manager to enter into two settlement agreements related to County of Santa Cruz, et.al v. Purdue Pharma L.P. The settlement agreements will be entered into between the City and opioid distributors AmerisourceBergan, Cardinal Health, McKesson, and manufacturer Janssen. The settlements provide the City with funds that may only be used for opioid remediation uses in order to help mitigate the negative impacts caused by the opioid epidemic. The settlement permits non-litigating parties such as the City to enter into these agreements.

Currently it is estimated that the City may receive up to 4.9 million dollars over 18 years.

The exact amount is subject to change depending on how many jurisdictions enter into these agreements.
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ACKNOWLEDGEMENTS AND PRESENTATIONS

1. County/Covid-19 update. (Funding Source: Not Applicable) CITY MANAGER; Joseph Lopez, 577-5223, [email protected] ACTION: Nick Dokoozlian from Stanislaus County presented Covid-19 update.

2. Recognition of the City of Modesto/Umass Global Leadership Academy and the Inaugural Class (Funding Source: Not Applicable)
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] ACTION: Director of Human Resources, Christina Alger gave overview of Umass Global Leadership Academy and its purpose. City Manager Joe Lopez expressed gratitude and appreciation to the inaugural graduating class, and thanked the staff of Human Resources that made it possible. Mayor Zwahlen expressed appreciation and congratulations, and recognized the members of the graduating class. Jessica Smart spoke regarding her experience as a member of the Leadership Academy.

MISCELLANEOUS
Appointments

3. Consider appointing Jose Vasquez to the City of Modesto Planning Commission with a term expiration of January 1, 2026. (Funding Source: Not Applicable) Staff Recommendation:
 Resolution appointing Jose Vasquez to the City of Modesto Planning Commission with a term expiration of January 1, 2026.

CED; Steve Mitchell, 209-577-5267, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2021-481 appointing Jose Vasquez to the City of Modesto Planning Commission with a term expiration of January 1, 2026.

4. Consider appointing Michelle Buer to the City of Modesto Landmark Preservation Commission, with a term expiration of January 1, 2026. (Funding Source: Not Applicable)
Staff Recommendation:
 Resolution appointing Michelle Buer to the City of Modesto Landmark Preservation Commission, with a term expiration of January 1, 2026.

CED; Steve Mitchell, 209-577-5267, [email protected] ACTION: (Escutia-Braaton/Ricci; 7/0) Resolution 2021-482 appointing Michelle Buer to the City of Modesto Landmark Preservation Commission, with a term expiration of January 1, 2026.

5. Consider reappointing Naramsen Goriel and appointing Marshall Riddle to the City’s Board of Zoning Adjustment, each with a term expiration of January 1, 2026. (Funding Source: Not Applicable)
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Staff Recommendation:
 Resolution reappointing Naramsen Goriel and appointing Marshall Riddle to the City of Modesto Board of Zoning Adjustment, each with a term expiration of January 1, 2026.

CED; Steve Mitchell, 209-577-5267, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2021-483 reappointing Naramsen Goriel and appointing Marshall Riddle to the City of Modesto Board of Zoning Adjustment, each with a term expiration of January 1, 2026.

PUBLIC COMMENT PERIOD
 Sharon Froba spoke in support of using Municipal Golf Course as fair and affordable housing for The WestSide Community Workforce Housing Project. She also spoke regarding a group meeting with the California Attorney General. She also spoke regarding her historical research of discrimination in housing.  Bianca Lopez spoke regarding social and environmental justice. She referenced a recently released report called "Vestiges of Environmental Racism: Closing California's Last Two Municipal Waste Incinerators" and asked the Council to support the recommendations listed in the report.
 Ramon Rodriguez spoke regarding the incarceration of Alonzo Nunes, and the death of Trevor Seever. He also spoke regarding the effects of poverty in Modesto, and the need to help the homeless with affordable housing at Municipal Golf Course, and other programs.
 Kartik Raj spoke regarding the report "Vestiges of Environmental Racism: Closing California's Last Two Municipal Waste Incinerators" and raising awareness regarding environmental waste. He encouraged Council to consider a zero-waste plan.  John X Mataka spoke in support of the closure of Covanta incinerator, as communities of color are being affected by the pollution. He asked to meet with the Council members to discuss the issue. He also spoke regarding a lawsuit against Covanta.  Rafael Mendez spoke regarding a problem with unlicensed contractors taking jobs from licensed contractors, and not getting help from the State Contractor's License Board. He asked the Council for better enforcement regarding unlicensed contractors.  Written Public Comments received via email to ccmeetings from Davis Harper, Linda Lagace, Diana Sanchez, Erin Black, Whitney Amaya, Tevin Schmitt, Mati Waiya, Kartik Raj, Alex Choy, Erica Donnelly-Greenan, and Ford Skye were also received and forwarded to all Councilmembers.
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CONSENT ITEMS – ROLL CALL VOTE REQUIRED:

ACTION CONSENT ITEMS 6-22: (Kenoyer/Wright;7/0)

CONSENT ITEMS
Consent

6. Consider approving the minutes from the December 7, 2021 Council Meeting. (Funding Source: Not Applicable)
 Motion approving the minutes from the December 7, 2021 Council Meeting.

CITY CLERK; Dana Sanchez, 209-577-5397, [email protected] ACTION: (Kenoyer/Wright; 7/0) Motion approving the minutes from the December 7, 2021 Council Meeting.

Consent

7. Consider approving a resolution continuing to authorize remote teleconference meetings pursuant to Assembly Bill 361. (Funding Source: Not Applicable)  Resolution continuing to authorize remote teleconference meetings of the City of Modesto pursuant to Assembly Bill 361.

CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected] ACTION: (Kenoyer/Wright; 7/0) Resolution 2021-484 continuing to authorize remote teleconference meetings of the City of Modesto pursuant to Assembly Bill 361.

Consent

8. Consider approving a Neighborhood Traffic Calming Program and rescinding Resolution 92-492 (Funding Source: Measure L Local Funds – Traffic Management)  Resolution approving the Neighborhood Traffic Calming Program and rescinding Resolution 92-492.

CED; Tamorah Bryant, 209-577-5328, [email protected] ACTION: (Kenoyer/Wright; 7/0) Resolution 2021-485 approving the Neighborhood Traffic Calming Program and rescinding Resolution 92-492.

Consent

9. Consider approving a Permanent Local Housing Allocation loan in the amount of $500,000 to the Stanislaus Regional Housing Authority for the Vine Street Affordable Housing project, and $50,000 for staff activity delivery costs. (Funding Source: PLHA Funds)
 Resolution approving a Permanent Local Housing Allocation loan in the amount of $500,000 to the Stanislaus Regional Housing Authority for the Vine Street Affordable Housing project, $50,000 for staff activity delivery costs and authorizing the City Manager or his designee to execute the necessary Agreements.
 Resolution amending the fiscal year 2021-2022 multi-year fund budget to transfer $550,000 from fund (1120) – Grants – PLHA Program to Vine Street #4..
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project (101185) and authorizing the City Manager or his designee to take the necessary steps to implement the provisions of this resolution.

CED; Jessica Hill, 209-577-5321, [email protected]
ACTION: (Kenoyer/Wright; 7/0) Resolution 2021-486 approving a Permanent Local Housing Allocation loan in the amount of $500,000 to the Stanislaus Regional Housing Authority for the Vine Street Affordable Housing project, $50,000 for staff activity delivery costs and authorizing the City Manager or his designee to execute the necessary Agreements.

ACTION: (Kenoyer/Wright; 7/0) Resolution 2021-487 amending the fiscal year 2021-2022 multi-year fund budget to transfer $550,000 from fund (1120) – Grants – PLHA Program to Vine Street project (101185) and authorizing the City Manager or his designee to take the necessary steps to implement the provisions of this resolution.

Consent

10. Consider approving the City of Modesto’s Permanent Local Housing Allocation (PLHA) Program Year Two Application, authorizing the City Manager, or his designee, to negotiate and execute any related program Agreements, contracts or other documentation required for implementation and acceptance of the Permanent Local Housing Allocation (PLHA) Program, amending the fiscal year 2021-2022 multi-year fund budget to a project for the fiscal year 2021-2022 PLHA Program to be funded with Permanent Local Housing Allocation Program Grant, and authorization to submit the application, applicable documentation, and provide technical alterations, as required by HCD. (Funding Source: PLHA Funds)
 Resolution approving the City of Modesto’s Permanent Local Housing Allocation (PLHA) Program Year Two Application, authorizing the City Manager, or his designee, to negotiate and execute any related program Agreements, contracts or other documentation required for implementation and acceptance of the Permanent Local Housing Allocation (PLHA) Program, and authorizing the City Manager, or his designee, to submit the application, applicable documentation, and provide technical alterations, as required by HCD, and to make the necessary steps to implement the provision of this resolution.
 Resolution amending the fiscal year 2021-2022 multi-year fund budget to establish a project for the fiscal year 2021-2022 PLHA Program to be funded with Permanent Local Housing Allocation Program Grant and authorizing the City Manager or his designee to take the necessary steps to implement the provisions of this resolution.

CED; Jessica Hill, 209-577-5321, [email protected]
ACTION: (Kenoyer/Wright; 7/0) Resolution 2021-488 approving the City of Modesto’s Permanent Local Housing Allocation (PLHA) Program Year Two Application, authorizing the City Manager, or his designee, to negotiate and execute any related program Agreements, contracts or other documentation required for implementation and acceptance of the Permanent Local Housing Allocation (PLHA) Program, and authorizing the City Manager, or his designee, to submit the application, applicable documentation, and provide technical #4..
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alterations, as required by HCD, and to make the necessary steps to implement the provision of this resolution.

ACTION: (Kenoyer/Wright; 7/0) Resolution 2021-489 amending the fiscal year 2021-2022 multi-year fund budget to establish a project for the fiscal year 2021-2022 PLHA Program to be funded with Permanent Local Housing Allocation Program Grant and authorizing the City Manager or his designee to take the necessary steps to implement the provisions of this resolution.

Consent

11. Consider approving a First Amendment increasing the Agreement with Redistricting Partners for Demographic and Census Mapping Consultant services by $33,000 from $80,000 to a new total amount not to exceed $113,000, to add Outreach Services and DistrictR drawing tool for the City’s Redistricting process. (Funding Source: General Fund)
 Resolution approving a First Amendment increasing the Agreement with Redistricting Partners for Demographic and Census Mapping Consultant services by $33,000 from $80,000 to a new total amount not to exceed $113,000, to add Outreach Services and DistrictR drawing tool for the City’s Redistricting process, and authorizing the City Manager, or his designee, to execute the Agreement.

CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected] ACTION: (Kenoyer/Wright; 7/0) Resolution 2021-490 approving a First Amendment increasing the Agreement with Redistricting Partners for Demographic and Census Mapping Consultant services by $33,000 from $80,000 to a new total amount not to exceed $113,000, to add Outreach Services and DistrictR drawing tool for the City’s Redistricting process, and authorizing the City Manager, or his designee, to execute the Agreement.

Consent

12. Consider accepting the Troy and Banks Utility and Telecommunication Audit report. (Funding Source: Not Applicable)
 Resolution accepting the Troy and Banks Utility and Telecommunication Audit report.

FINANCE DEPARTMENT; DeAnna Christensen, 209-577-5387,
[email protected]
ACTION: (Kenoyer/Wright; 7/0) Resolution 2021-491 accepting the Troy and Banks Utility and Telecommunication Audit report.

Consent

13. Consider approving the extension of termination dates of four annual Purchasing Agreements. (Funding Source: Various Funds)
 Resolution approving the extension of termination dates of four Purchasing Agreements as defined under Attachment A; approving termination dates for the services stated herein; and authorizing the Purchasing Manager, or her #4..
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designee, to execute amendments to the identified Purchase Agreement.

FINANCE DEPARTMENT; Cynthia Kline, 209-577-5412, [email protected] ACTION: (Kenoyer/Wright; 7/0) Resolution 2021-492 approving the extension of termination dates of four Purchasing Agreements as defined under Attachment A; approving termination dates for the services stated herein; and authorizing the Purchasing Manager, or her designee, to execute amendments to the identified Purchase Agreement.

Consent

14. Consider approving the increase of a purchase order with Strategic Procurement Solutions, Coleville, California, for procurement advisory services by $32,940 from $36,600 for a revised total amount not to exceed $69,540. (Funding Source: Various Funds)
 Resolution approving the increase of a purchase order with Strategic Procurement Solutions, Coleville, California, for procurement advisory services by $32,940 from $36,600 for a revised total amount not to exceed $69,540; and authorizing the Purchasing Manager, or her designee, to increase the purchase order.

FINANCE DEPARTMENT; Cynthia Kline, 209-577-5412, [email protected] ACTION: (Kenoyer/Wright; 7/0) Resolution 2021-493 approving the increase of a purchase order with Strategic Procurement Solutions, Coleville, California, for procurement advisory services by $32,940 from $36,600 for a revised total amount not to exceed $69,540; and authorizing the Purchasing Manager, or her designee, to increase the purchase order.

Consent

15. Consider rejecting all bids for Request for Bid (RFB) No. 2021-45 for two Aerial Trucks and authorizing staff to re-evaluate if issuing a rebid or utilizing a Cooperative Agreement is appropriate. (Funding Source: Fleet Replacement Fund)  Resolution rejecting all bids for Request for Bid (RFB) No. 2021-45 for two Aerial Trucks and authorizing staff to re-evaluate if issuing a rebid or utilizing a Cooperative Agreement is appropriate.

FINANCE DEPARTMENT; Cynthia Kline, 209-577-5412, [email protected] ACTION: (Kenoyer/Wright; 7/0) Resolution 2021-494 rejecting all bids for Request for Bid (RFB) No. 2021-45 for two Aerial Trucks and authorizing staff to re-evaluate if issuing a rebid or utilizing a Cooperative Agreement is appropriate.

Consent

16. Consider amending the Position Allocation Plan in two departments: adding five Heavy Equipment Mechanic allocations, one Fleet Procurement Technician allocation, and one Maintenance Worker II allocation and reclassifying one Administrative Office Assistant III to one Administrative Services Technician II in the Public Works Department; reclassifying one Administrative Office Assistant II to one Administrative Office Assistant III in the Utilities Department; and amending the Fiscal Year 2021-22 operating Fleet Management fund budget. (Funding Source:
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Various Sources)
 Resolution amending the Position Allocation for Fiscal Year 2021-22 as adopted in the Operating Budget.
 Resolution amending the Fiscal Year 2021-22 operating Fleet Management fund budget in the amount of $362,305 to fund new positions for the Fleet Division and authorizing the City Manager, to make the necessary steps to implement the provisions of this resolution.

HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] ACTION: (Kenoyer/Wright; 7/0) Resolution 2021-495 amending the Position Allocation for Fiscal Year 2021-22 as adopted in the Operating Budget.

ACTION: (Kenoyer/Wright; 7/0) Resolution 2021-496 amending the Fiscal Year 2021-22 operating Fleet Management fund budget in the amount of $362,305 to fund new positions for the Fleet Division and authorizing the City Manager, to make the necessary steps to implement the provisions of this resolution.

Consent

17. Consider accepting the results of the Human Resources and Payroll Audit of excluded part-time and seasonal employees from the California Public Employees’ Retirement System (CalPERS). (Funding Source: Utilities, Parks Recreation & Neighborhoods, Public Works, Modesto Police Department and Community Economic Development)  Motion to accept the Audit results as presented.

HUMAN RESOURCES; Dawn Kelley, 209-577-5490, [email protected] ACTION: (Kenoyer/Wright; 7/0) Motion to accept the Audit results as presented.

Consent

18. Consider approving the Third Amendment to Agreement with The Baseball Club of Modesto, as successor in interest to HWS Baseball IV, LLC, to revise the expiration date in the accelerated termination provision from December 31, 2021 to December 31, 2022, and authorizing the City Manager, or his designee, to execute the Third Amendment to Agreement (Funding Source: CIP Project 101019/General Fund)  Resolution approving the Third Amendment to Agreement with The Baseball Club of Modesto, as successor in interest to HWS Baseball IV, LLC, to revise the expiration date in the accelerated termination provision from December 31, 2021 to December 31, 2022, and authorizing the City Manager, or his designee, to execute the Third Amendment to Agreement.

PRN; Laurie Smith, 209-577-5347, [email protected]
ACTION: (Kenoyer/Wright; 7/0) Resolution 2021-497 approving the Third Amendment to Agreement with The Baseball Club of Modesto, as successor in interest to HWS Baseball IV, LLC, to revise the expiration date in the accelerated termination provision from December 31, 2021 to December 31, 2022, and authorizing the City Manager, or his designee, to execute the Third Amendment to Agreement.
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Consent

19. Consider approving the award of bid and Agreement for Concrete Services for High Voltage Repairs and Misc. Traffic Electrical Repairs to TBS Contractors, Merced, CA, for a one-year Agreement with four one-year extension options, for an annual estimated cost of $170,273 and a total amount not to exceed $851,365 over five years. (Funding Source: Gas Tax and Surface Transportation Fund)  Resolution approving the award of bid and Agreement for Concrete Services for High Voltage Repairs and Misc. Traffic Electrical Repairs to TBS Contractors, Merced, CA, for a one-year Agreement with four one-year extension options, for an annual estimated cost of $170,273 and a total amount not to exceed $851,365 over five years and authorizing the City Manager, or his designee, to execute the Agreement.

PUBLIC WORKS; Scott Collins, 209-577-5431, [email protected] ACTION: (Kenoyer/Wright; 7/0) Resolution 2021-498 approving the award of bid and Agreement for Concrete Services for High Voltage Repairs and Misc. Traffic Electrical Repairs to TBS Contractors, Merced, CA, for a one-year Agreement with four one-year extension options, for an annual estimated cost of $170,273 and a total amount not to exceed $851,365 over five years and authorizing the City Manager, or his designee, to execute the Agreement.

Consent

20. Consider approving the plans and specifications for the Rectangular Rapid Flashing Beacon Installation project, accepting the bid, and awarding a contract to Gruendel Inc.

DBA Ray’s Electric of Oakland, CA, in the amount of $744,555, and amending the Fiscal Year 2021-22 Capital Improvement Program budget in the amount of $641,861. (Funding Source: Local Measure L Funds)
 Resolution approving the plans and specifications for Rectangular Rapid Flashing Beacon Installation Project, accepting the bid, and awarding a contract to Gruendel Inc. DBA Ray’s Electric of Oakland, CA. in the amount of $744,555 and authorizing the City Manager, or his designee, to execute the Agreement.
 Resolution amending the Fiscal Year 2021-22 Capital Improvement Program Budget, Project 101175, 101122, 101176, and 101179 in the amount of $641,861, to fund the Rectangular Rapid Flashing Beacon Installation Project to install RRFBs at ten school locations throughout the City.

PUBLIC WORKS; Scott Collins, 209-577-5431, [email protected] ACTION: (Kenoyer/Wright; 7/0) Resolution 2021-499 approving the plans and specifications for Rectangular Rapid Flashing Beacon Installation Project, accepting the bid, and awarding a contract to Gruendel Inc. DBA Ray’s Electric of Oakland, CA. in the amount of $744,555 and authorizing the City Manager, or his designee, to execute the Agreement.

ACTION: (Kenoyer/Wright; 7/0) Resolution 2021-500 amending the Fiscal Year 2021-22 Capital Improvement Program Budget, Project 101175, 101122, 101176, and 101179 in the amount of $641,861, to fund the Rectangular Rapid Flashing Beacon Installation Project to #4..
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install RRFBs at ten school locations throughout the City.

Consent

21. Consider approving modifications to the Turf Rebate Program. (Funding Source: Water Fund)
 Resolution approving modifications to the Turf Rebate Program.

UTILITIES; Jeff Daniels, 209-342-4285, [email protected] ACTION: (Kenoyer/Wright; 7/0) Resolution 2021-501 approving modifications to the Turf Rebate Program.

Consent

22. Consider accepting the plans and specifications for the Automatic Transfer Switch (ATS) Replacement at Sutter Wastewater Treatment Plant (WWTP) Project and awarding a construction contract with Clyde G. Steagall Inc, of Loomis, CA, in the amount of $606,491 plus $72,779 for contingency (if needed), for a total amount not to exceed $679,270; authorizing an increase in the Director’s Authority from 10% ($60,649) to 12% ($72,779) of the construction contract price of $606,491 to issue change orders; and amending the Fiscal Year 2021-2022 Capital Improvement Program Budget in the amount of $169,420. (Funding Source: Wastewater Fund)  Resolution approving plans and specifications for the ATS Replacement at Sutter WWTP Project, accepting the bid, and approving a construction contract with Clyde G. Steagall Inc, of Loomis, CA, in the amount of $606,491 plus $72,779 for contingency (if needed) for a total amount not to exceed $679,270 and authorizing the City Manager, or his designee, to execute the Agreement.  Resolution authorizing an increase in the Director’s authority to issue change orders for the ATS Replacement at Sutter WWTP Project from 10% ($60,649) to 12% ($72,779) of the construction contract price of $606,491 with Clyde G.

Steagall Inc, of Loomis, CA.
 Resolution amending the Fiscal Year 2021-22 Capital Improvement Program Budget in the amount of $169,420 to be transferred into the project from Wastewater Fund to fully fund the construction, contingency, construction administration and engineering support during construction for the ATS Replacement at Sutter WWTP Project and authorizing the City Manager, or his designee, to implement the provisions of this resolution.

UTILITIES; Cristian Ciotau, 209-577-5260, [email protected] ACTION: (Kenoyer/Wright; 7/0) Resolution 2021-502 approving plans and specifications for the ATS Replacement at Sutter WWTP Project, accepting the bid, and approving a construction contract with Clyde G. Steagall Inc, of Loomis, CA, in the amount of $606,491 plus $72,779 for contingency (if needed) for a total amount not to exceed $679,270 and authorizing the City Manager, or his designee, to execute the Agreement.

ACTION: (Kenoyer/Wright; 7/0) Resolution 2021-503 authorizing an increase in the Director’s authority to issue change orders for the ATS Replacement at Sutter WWTP Project from 10% ($60,649) to 12% ($72,779) of the construction contract price of $606,491 with #4..
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Clyde G. Steagall Inc, of Loomis, CA.

ACTION: (Kenoyer/Wright; 7/0) Resolution 2021-504 amending the Fiscal Year 2021-22 Capital Improvement Program Budget in the amount of $169,420 to be transferred into the project from Wastewater Fund to fully fund the construction, contingency, construction administration and engineering support during construction for the ATS Replacement at Sutter WWTP Project and authorizing the City Manager, or his designee, to implement the provisions of this resolution.

COUNCIL COMMENTS & REPORTS
Councilmember Wright along with Councilmember Kenoyer attended a Stanislaus Asian American Community Holiday Festival on Sunday. Children received gifts and pizza, and everyone enjoyed it very much.

Councilmember Kenoyer also spoke regarding the Stanislaus Asian American Community Holiday Festival. She expressed her enjoyment, and noted they also had a Cambodian Santa Clause. She also spoke regarding a 8.5 million grant the City had received for Cesar Chavez, and we received another 8.5 million grant for Martin Luther King Park recently.

She praised Parks and Recreation staff and grant writers for their excellent work.

Councilmember Madrigal also praised Park's staff for their hard work in helping to secure the 8.5 million dollar grant for Martin Luther King Park, which will include a splash pad.

He also thanked staff for all their hard work and helping during the storms.

Councilmember Ricci spoke regarding the incinerator issue, and expressed his desire to make positive changes and creating cleaner air. He also spoke regarding the holidays and many available activities such as Modesto on Ice, the Little Library is accepting toy donations for children, HOHO Holiday Light Display, and Borrow a Puzzle in Dutch Hollow. He also spoke regarding the dog park, and working on that to make it better. He also spoke regarding traffic problems in the College area and staffs diligence in finding solutions. Finally. he echoed positive sentiments regarding the 8.5 million dollar grant for Martin Luther King Park.

Councilmember Escutia-Braaton wished all Modesto residents Season's Greetings, and expressed her hope that everyone has a joyous holiday filled with joy and well-being for them and their families, and a prosperous New Year's.

Mayor Zwahlen spoke regarding the awareness and responsiveness of Council as to what is going on in the communities, and expressed thanks for the privilege of being Mayor.

She recognized staff for going above and beyond to improve the community for residents.

She also expressed appreciation for Police and Fire Chief to keep the community safe.

CITY MANAGER COMMENTS & REPORTS
City Manager Joe Lopez expressed his gratitude and thanked the Council for the #4..
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opportunity to serve as the City Manager. He also thanked staff for all their hard work, and wished everyone Happy Holidays and a Happy New Year.

UNFINISHED BUSINESS

23. Consider accepting the plans and specifications for the Rebid River Trunk Gravity System Project and awarding a construction contract to Ranger Pipelines, Inc, of San Francisco, CA, in the amount of $20,720,263 plus $2,072,026 in contingency (if needed), for a total amount not to exceed $22,792,289; approving an increase in the Director’s Authority from 6% to 10% to issue change orders; approving an Agreement with Carollo Engineers for Engineering Support During Construction in the amount of $964,650, plus $96,465 in additional services (if needed), for a total amount not to exceed $1,061,115; approving an Agreement with Stanislaus County for construction costs and services associated with the West Modesto – County Area 9 – Sewer Infrastructure Project – Rouse-Colorado Neighborhood - Colorado Avenue Sewer FlyLine Phase for a total amount not to exceed $898,560; and amending the Fiscal Year 2021-22 Capital Improvement Project Program Budget in the amount of $24,438,624. (Funding Source: Wastewater Funs)
 Resolution approving plans and specifications for the Rebid River Trunk Gravity System Project, accepting the bid, and approving a construction contract with Ranger Pipelines Inc, of San Francisco, CA, in the amount of $20,720,263 plus $2,072,026 for contingency (if needed) for a total amount not to exceed $22,792,289 and authorizing the City Manager, or his designee, to execute the Agreement.
 Resolution authorizing an increase in the Director’s authority to issue change orders for Rebid River Trunk Gravity System Project from 6% ($1,243,216) to 10% ($2,072,026) of the construction contract price of $20,720,263 with Ranger Pipelines Inc, of San Francisco, CA.
 Resolution approving an Agreement with Carollo Engineers, of Walnut Creek, CA, for Engineering Support During Construction for the Rebid River Trunk Gravity System Project, in an amount not to exceed $964,650 for the identified scope of services, plus $96,465 for additional services (if needed), for a maximum total amount of $1,061,115 and authorizing the City Manager, or his designee, to execute the Agreement.
 Resolution approving an Agreement with Stanislaus County for construction costs and services associated with the West Modesto - County Area 9 Sewer Infrastructure Project – Rouse-Colorado Neighborhood – Colorado Avenue Sewer Fly-Line Phase in a not to exceed amount of $898,560 and authorizing the City Manager, or his designee, to execute the Agreement.  Resolution amending the Fiscal Year 2021-22 Capital Improvement Program Budget in the amount of $24,438,624 to be transferred into the project from Wastewater Reserves to fully fund the construction, contingency, construction administration and design support during construction for the Rebid River Trunk Gravity System Project and authorizing the City Manager, or his designee, to implement the provisions of this resolution.

UTILITIES; Jesse Franco, 209-571-5175, [email protected] #4..
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ACTION: (Madrigal/Zoslocki; 7/0) Resolution 2021-505 approving plans and specifications for the Rebid River Trunk Gravity System Project, accepting the bid, and approving a construction contract with Ranger Pipelines Inc, of San Francisco, CA, in the amount of $20,720,263 plus $2,072,026 for contingency (if needed) for a total amount not to exceed $22,792,289 and authorizing the City Manager, or his designee, to execute the Agreement.

ACTION: (Madrigal/Zoslocki; 7/0) Resolution 2021-506 authorizing an increase in the Director’s authority to issue change orders for Rebid River Trunk Gravity System Project from 6% ($1,243,216) to 10% ($2,072,026) of the construction contract price of $20,720,263 with Ranger Pipelines Inc, of San Francisco, CA.

ACTION: (Madrigal/Zoslocki; 7/0) Resolution 2021-507 approving an Agreement with Carollo Engineers, of Walnut Creek, CA, for Engineering Support During Construction for the Rebid River Trunk Gravity System Project, in an amount not to exceed $964,650 for the identified scope of services, plus $96,465 for additional services (if needed), for a maximum total amount of $1,061,115 and authorizing the City Manager, or his designee, to execute the Agreement.

ACTION: (Madrigal/Zoslocki; 7/0) Resolution 2021-508 approving an Agreement with Stanislaus County for construction costs and services associated with the West Modesto - County Area 9 Sewer Infrastructure Project – Rouse-Colorado Neighborhood – Colorado Avenue Sewer Fly-Line Phase in a not to exceed amount of $898,560 and authorizing the City Manager, or his designee, to execute the Agreement.

ACTION: (Madrigal/Zoslocki; 7/0) Resolution 2021-509 amending the Fiscal Year 2021-22 Capital Improvement Program Budget in the amount of $24,438,624 to be transferred into the project from Wastewater Reserves to fully fund the construction, contingency, construction administration and design support during construction for the Rebid River Trunk Gravity System Project and authorizing the City Manager, or his designee, to implement the provisions of this resolution.

HEARINGS
Published in the Modesto Bee on December 3, 2021.

24. Hearing to consider accepting the Capital Facilities Fees Annual Report for Fiscal Year 2020-21 and making findings related to each of the fee categories. (Funding Source:

Capital Facilities Fees)
 Resolution accepting the Capital Facilities Fees Annual Report for Fiscal Year 2020-21 and making findings related to each of the fee categories.

CED; Jessica Hill, 209-577-5321, [email protected]
ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2021-510 accepting the Capital Facilities Fees Annual Report for Fiscal Year 2020-21 and making findings related to each of the fee categories.
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Published in the Modesto Bee on December 3, 2021

25. Hearing to consider accepting the Fiscal Year 2020-21 Annual Report of Funds Held for Future Improvements and making findings related to each security on file. (Funding Source: Developer Deposits)
 Resolution accepting the Fiscal Year 2020-21 Annual Report of Funds Held for Future Improvements, and making findings related to each security on file.

CED; Jessica Hill, 209-577-5211, [email protected]
ACTION: (Ricci/Wright; 7/0) Resolution 2021-511 accepting the Fiscal Year 2020-21 Annual Report of Funds Held for Future Improvements, and making findings related to each security on file.

Published in Modesto Bee on December 6, 2021 & December 13, 2021

26. Hearing to consider the approval and adoption of the Modesto Subbasin Groundwater Sustainability Plan and authorize the Stanislaus and Tuolumne Rivers Groundwater Sustainability Association Groundwater Sustainability Agency to submit the Modesto Subbasin Groundwater Sustainability Plan to the Department of Water Resources; and approve the City of Modesto Representative to adopt the Turlock Subbasin Groundwater Sustainability Plan and submit it to Department of Water Resources. (Funding Source: Not Applicable)
 Resolution approving the adoption of the Modesto Subbasin Groundwater Sustainability Plan and authorizing the Stanislaus and Tuolumne Rivers Groundwater Sustainability Association Groundwater Sustainability Agency to submit the Modesto Subbasin Groundwater Sustainability Plan to the Department of Water Resources.
 Resolution approving the City of Modesto representative to adopt the Turlock Subbasin Groundwater Sustainability Plan and submit it to Department of Water Resources.

UTILITIES; Miguel Alvarez, 209-577-5348, [email protected] ACTION: (Madrigal/Wright; 7/0) Resolution 2021-512 approving the adoption of the Modesto Subbasin Groundwater Sustainability Plan and authorizing the Stanislaus and Tuolumne Rivers Groundwater Sustainability Association Groundwater Sustainability Agency to submit the Modesto Subbasin Groundwater Sustainability Plan to the Department of Water Resources.

ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2021-513 approving the City of Modesto representative to adopt the Turlock Subbasin Groundwater Sustainability Plan and submit it to Department of Water Resources.

MATTERS TOO LATE FOR THE AGENDA
None

ADJOURNMENT
This meeting adjourned at 7:13 P.M.
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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, DECEMBER 14, 2021, at 4:45 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:

CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: Civic Partners Modesto, Inc. v. City of Modesto Redevelopment Successor Agency
Stanislaus County Superior Court
Case No. 9000266
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
One Case (Pursuant to Section 54956.9(d)(4) of the Government Code) Attest: ____________________________
Dana Sanchez, Interim City Clerk
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

January 11, 2022
Date: January 6, 2022
TO: Mayor & City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jose M. Sanchez, City Attorney
CONTACT: Jose M. Sanchez, City Attorney, 209-577-5284, [email protected] DESCRIPTION:

Consider approving a resolution continuing to authorize remote teleconference meetings pursuant to Assembly Bill 361. (Funding Source: Not Applicable) STRATEGIC PLAN ELEMENT:

This item is related to the 2020-2025 Strategic Plan goal of promoting trust and engagement.

BACKGROUND:

On March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for a broader spread of the novel coronavirus disease 2019 (“COVID-19”). On March 19, 2020, the City Council adopted Resolution Number 2020-140, ratifying the proclamation of a local emergency by the Director of Emergency Services due to COVID-19.

All meetings of the City Council and the City’s other legislative bodies are open and public, as required by the Ralph M. Brown Act, Government Code section 54950 et seq., so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business. On March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means in order to slow the spread of COVID-19. As a result of Executive Order N-29-20, staff set up virtual meetings for all City Council meetings and other City legislative bodies. On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which, effective September 30, 2021, ended the provisions of Executive Order N-29-20 that allowed local legislative bodies to conduct meetings telephonically or by other means.
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City Council, January 11, 2022
Assembly Bill 361-Continued Remote Teleconference Meetings

DISCUSSION:

On September 16, 2021, the Governor signed Assembly Bill (AB) 3611 (2021) which allows for local legislative bodies to continue to conduct meetings via teleconferencing under specified conditions and includes a requirement that the City Council make specified findings. AB 361 took effect immediately. In addition to other circumstances, the City and its legislative bodies will be allowed to continue to meet remotely during a declared state of emergency when state or local health officials have imposed or recommended measures to promote social distancing, or when the Council finds that meeting in person would present imminent risks to the health or safety of attendees.

On Tuesday, September 28, 2021, the City Council adopted Resolution No. 2021-370, finding that a state of emergency exists and that the County of Stanislaus Health Officer had imposed and recommended social distancing measures for residents within the City. On Tuesday, October 5, 2021, the City Council held their first meeting in accordance with the requirements of Government Code section 54953(e).

In order to continue to hold remote meetings, the City Council must reconsider the state of emergency and declare every 30 days that either (i) the state of emergency continues to directly impact the ability of the members to meet safely in person, or (ii) State or local officials continue to impose or recommend measures to promote social distancing.

The state of emergency, as declared by the Governor and City Council, continues in existence.

Health officials continue to recommend measures to slow the spread of COVID-19. On November 15, 2021, the Stanislaus County Health Officer reiterated her recommendation that “[i]ncreasing distance during meetings and indoor gatherings to six feet or more can help stop the spread” of COVID-19.

The proposed resolution includes the necessary findings in order for the City Council and the other legislative bodies of the City to continue holding remote teleconference meetings pursuant to AB 361.

FISCAL IMPACT:

There is no cost associated with this item.

COMMITTEE RECOMMENDATION:

This agenda item was not presented to a Council Committee.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution continuing to authorize remote teleconference meetings of the City of Modesto pursuant to Assembly Bill 361.
1 Assembly Bill No. 361 - An act to add and repeal Section 89305.6 of the Education Code, and to amend, repeal, and add Section 54953 of, and to add and repeal Section 11133 of, the Government Code, relating to open meetings, and declaring the urgency thereof, to take effect immediately. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB361 #5..
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City Council, January 11, 2022
Assembly Bill 361-Continued Remote Teleconference Meetings

Approved by:

Jose M. Sanchez, City Attorney
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Assembly Bill 361
5040861.1
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-XX

RESOLUTION CONTINUING TO AUTHORIZE REMOTE

TELECONFERENCE MEETINGS OF THE CITY OF MODESTO PURSUANT TO ASSEMBLY BILL 361
WHEREAS, the City of Modesto (the “City”) is committed to preserving and promoting public access and participation in meetings of the legislative bodies; and WHEREAS, all meetings of the City are open and public, as required by the Ralph M.

Brown Act (Cal. Gov. Code 54950 – 54963), so that any member of the public may attend, participate, and watch the City conduct their business; and WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for a broader spread of the novel coronavirus disease 2019 (“COVID-19”); and WHEREAS, on March 19, 2020, the City Council adopted Resolution Number 2020-140, ratifying the proclamation of a local emergency by the Director of Emergency Services due to COVID-19; and
WHEREAS, on March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means; and
WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08- 21, which, effective September 30, 2021, repealed the provisions of Executive Order N29-20 that allowed local legislative bodies to conduct meetings telephonically or by other means; and
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WHEREAS, on September 16, 2021, Governor Newsom signed Assembly Bill 361 (2021) (“AB 361”), which allows for remote teleconferencing participation in meetings by members of a legislative body without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and WHEREAS, a required condition of AB 361 is that a state of emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and
WHEREAS, AB 361 further requires that state or local officials have imposed or recommended measures to promote social distancing, or, that the legislative body meeting in person would present imminent risks to the health and safety of attendees; and WHEREAS, on September 28, 2021, the City Council adopted Resolution No. 2021-370 authorizing remote teleconference meetings pursuant to AB361 (Government Code section 54953(e)); and
WHEREAS, the City is required to make certain findings every thirty (30) days to continue teleconferencing under Government Code section 54953(e)(3), including reconsideration of the state of emergency declared by the Governor pursuant to Government Code section 8625, and whether State or local officials continue to impose or recommend measures to promote social distancing; and #5..
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WHEREAS, the City Council has considered the circumstances of the Governor’s state of emergency proclamation pursuant to Government Code section 8625, which remains active; and
WHEREAS, on November 15, 2021, the Health Officer of the County of Stanislaus reiterated her recommendation that “[i]ncreasing distance during meetings and indoor gatherings to six feet or more can help stop the spread” of COVID-19; and WHEREAS, the City Council, acting for itself and for the benefit of all of the City’s commissions, committees, and other bodies (collectively referred to as the “Legislative Bodies”), does hereby find that the Legislative Bodies shall continue to conduct their meetings without compliance with Government Code section 54953(b)(3), as authorized by Government Code section 54953(e), and that the Legislative Bodies shall continue to comply with the requirements to provide the public with access to the meetings as prescribed in Government Code section 54953(e)(2) as a consequence of the ongoing state of emergency and the continued social distancing measures required by local officials.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MODESTO DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

Section 2. Consideration of State of Emergency. The City Council has considered the conditions of the state of emergency declared pursuant to Government Code section 8625, and determined that such emergency conditions continue to be present in the City. #5..
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Section 3. Continued Social Distancing Measures by State and Local Officials.

The City Council finds that the County of Stanislaus Health Officer’s recommended measures to promote social distancing remain in effect.

Section 4. Remote Teleconference Meetings. The City Council finds that the conditions continue to exist pursuant to Government Code section 54953(e)(3) to allow Legislative Bodies to use teleconferencing to hold public meetings in accordance with Government Code section 54953(e)(2) to ensure members of the public have continued access to safely observe and participate in local government meetings.

The foregoing Resolution was introduced in a regular meeting of the Council of the City of Modesto held on the 11th day of January 2022, by Council Member ________, who moved its adoption, which motion being duly seconded by Council Member ______, was upon roll call carried and the resolution adopted by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ATTEST: _____________________________
DANA SANCHEZ, Interim City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: _________________________________
JOSE M. SANCHEZ, City Attorney
5040876.1
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Assembly Bill No. 361
CHAPTER 165
An act to add and repeal Section 89305.6 of the Education Code, and to amend, repeal, and add Section 54953 of, and to add and repeal Section 11133 of, the Government Code, relating to open meetings, and declaring the urgency thereof, to take effect immediately.
[Approved by Governor September 16, 2021. Filed with
Secretary of State September 16, 2021.]
legislative counsel’s digest
AB 361, Robert Rivas. Open meetings: state and local agencies:
teleconferences.
(1)  Existing law, the Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. The act contains specified provisions regarding the timelines for posting an agenda and providing for the ability of the public to directly address the legislative body on any item of interest to the public.

The act generally requires all regular and special meetings of the legislative body be held within the boundaries of the territory over which the local agency exercises jurisdiction, subject to certain exceptions. The act allows for meetings to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference location, that the legislative body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate from locations within the boundaries of the local agency’s jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined. The act authorizes the district attorney or any interested person, subject to certain provisions, to commence an action by mandamus or injunction for the purpose of obtaining a judicial determination that specified actions taken by a legislative body are null and void.

Existing law, the California Emergency Services Act, authorizes the Governor, or the Director of Emergency Services when the governor is inaccessible, to proclaim a state of emergency under specified circumstances.

Executive Order No. N-29-20 suspends the Ralph M. Brown Act’s requirements for teleconferencing during the COVID-19 pandemic provided that notice and accessibility requirements are met, the public members are allowed to observe and address the legislative body at the meeting, and that a legislative body of a local agency has a procedure for receiving and swiftly

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resolving requests for reasonable accommodation for individuals with disabilities, as specified.

This bill, until January 1, 2024, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M. Brown Act when a legislative body of a local agency holds a meeting during a declared state of emergency, as that term is defined, when state or local health officials have imposed or recommended measures to promote social distancing, during a proclaimed state of emergency held for the purpose of determining, by majority vote, whether meeting in person would present imminent risks to the health or safety of attendees, and during a proclaimed state of emergency when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees, as provided.

This bill would require legislative bodies that hold teleconferenced meetings under these abbreviated teleconferencing procedures to give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option, and to conduct the meeting in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body. The bill would require the legislative body to take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments, until public access is restored. The bill would specify that actions taken during the disruption are subject to challenge proceedings, as specified.

This bill would prohibit the legislative body from requiring public comments to be submitted in advance of the meeting and would specify that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time. The bill would prohibit the legislative body from closing the public comment period and the opportunity to register to provide public comment, until the public comment period has elapsed or until a reasonable amount of time has elapsed, as specified. When there is a continuing state of emergency, or when state or local officials have imposed or recommended measures to promote social distancing, the bill would require a legislative body to make specified findings not later than 30 days after the first teleconferenced meeting pursuant to these provisions, and to make those findings every 30 days thereafter, in order to continue to meet under these abbreviated teleconferencing procedures.

Existing law prohibits a legislative body from requiring, as a condition to attend a meeting, a person to register the person’s name, or to provide other information, or to fulfill any condition precedent to the person’s attendance.
92 Ch. 165 — 2 —
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This bill would exclude from that prohibition, a registration requirement imposed by a third-party internet website or other online platform not under the control of the legislative body.
(2)  Existing law, the Bagley-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend any meeting of a state body. The act requires at least one member of the state body to be physically present at the location specified in the notice of the meeting.

The Governor’s Executive Order No. N-29-20 suspends the requirements of the Bagley-Keene Open Meeting Act for teleconferencing during the COVID-19 pandemic, provided that notice and accessibility requirements are met, the public members are allowed to observe and address the state body at the meeting, and that a state body has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, as specified.

This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility requirements, a state body to hold public meetings through teleconferencing and to make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body. With respect to a state body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the state body at each teleconference location. Under the bill, a state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the state body allow members of the public to attend the meeting and offer public comment. The bill would require that each state body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided. The bill would urge state bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided.
(3)  Existing law establishes the various campuses of the California State University under the administration of the Trustees of the California State University, and authorizes the establishment of student body organizations in connection with the operations of California State University campuses.

The Gloria Romero Open Meetings Act of 2000 generally requires a legislative body, as defined, of a student body organization to conduct its business in a meeting that is open and public. The act authorizes the legislative body to use teleconferencing, as defined, for the benefit of the public and the legislative body in connection with any meeting or proceeding authorized by law.

This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility requirements, a legislative body, as defined for purposes of the act, to hold public meetings through teleconferencing and 92 — 3 — Ch. 165
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to make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body. With respect to a legislative body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the legislative body at each teleconference location.

Under the bill, a legislative body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the legislative body allow members of the public to attend the meeting and offer public comment. The bill would require that each legislative body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided. The bill would urge legislative bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided.
(4)  This bill would declare the Legislature’s intent, consistent with the Governor’s Executive Order No. N-29-20, to improve and enhance public access to state and local agency meetings during the COVID-19 pandemic and future emergencies by allowing broader access through teleconferencing options.
(5)  This bill would incorporate additional changes to Section 54953 of the Government Code proposed by AB 339 to be operative only if this bill and AB 339 are enacted and this bill is enacted last.
(6)  The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect. (7)  Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect. (8)  This bill would declare that it is to take effect immediately as an urgency statute.

The people of the State of California do enact as follows:

SECTION 1. Section 89305.6 is added to the Education Code, to read:
89305.6. (a)  Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions (d) and (e), a legislative body may hold public meetings through teleconferencing 92 Ch. 165 — 4 —
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and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body.
(b)  (1)  For a legislative body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the legislative body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended.
(2)  For a legislative body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended:
(A)  Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice and agenda of the public meeting or proceeding.
(B)  Each teleconference location be accessible to the public. (C)  Members of the public may address the legislative body at each teleconference conference location.
(D)  Post agendas at all teleconference locations.
(E)  At least one member of the legislative body be physically present at the location specified in the notice of the meeting.
(c)  A legislative body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions (d) and (e), shall have satisfied any requirement that the legislative body allow members of the public to attend the meeting and offer public comment. A legislative body need not make available any physical location from which members of the public may observe the meeting and offer public comment.
(d)  If a legislative body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the legislative body shall also do both of the following:
(1)  Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility.
(2)  Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision (e).
(e)  Except to the extent this section provides otherwise, each legislative body that holds a meeting through teleconferencing pursuant to this section shall do both of the following:
(1)  Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable.
92 — 5 — Ch. 165
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(2)  In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a legislative body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication available at the time. Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the legislative body’s internet website.
(f)  All legislative bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to legislative body meetings.
(g)  This section shall remain in effect only until January 31, 2022, and as of that date is repealed.

SEC. 2. Section 11133 is added to the Government Code, to read:
11133. (a)  Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions (d) and (e), a state body may hold public meetings through teleconferencing and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body.
(b)  (1)  For a state body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the state body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended.
(2)  For a state body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended:
(A)  Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice and agenda of the public meeting or proceeding.
(B)  Each teleconference location be accessible to the public. (C)  Members of the public may address the state body at each teleconference conference location.
(D)  Post agendas at all teleconference locations.
(E)  At least one member of the state body be physically present at the location specified in the notice of the meeting.
(c)  A state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically 92 Ch. 165 — 6 —
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or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions (d) and (e), shall have satisfied any requirement that the state body allow members of the public to attend the meeting and offer public comment. A state body need not make available any physical location from which members of the public may observe the meeting and offer public comment.
(d)  If a state body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the state body shall also do both of the following:
(1)  Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility.
(2)  Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision (e).
(e)  Except to the extent this section provides otherwise, each state body that holds a meeting through teleconferencing pursuant to this section shall do both of the following:
(1)  Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable.
(2)  In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a state body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication available at the time. Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the state body’s internet website.
(f)  All state bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to state body meetings.
(g)  This section shall remain in effect only until January 31, 2022, and as of that date is repealed.

SEC. 3. Section 54953 of the Government Code is amended to read:
92 — 7 — Ch. 165
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54953. (a)  All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.
(b)  (1)  Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2)  Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3)  If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4)  For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.

Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations.
(c)  (1)  No legislative body shall take action by secret ballot, whether preliminary or final.
(2)  The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3)  Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
92 Ch. 165 — 8 —
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(d)  (1)  Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2)  Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3)  For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter

2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e)  (1)  A local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances:
(A)  The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing.
(B)  The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(C)  The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(2)  A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A)  The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.
(B)  The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3. 92 — 9 — Ch. 165
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In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(C)  The legislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency. (D)  In the event of a disruption which prevents the public agency from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments using the call-in option or internet-based service option, the body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(E)  The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time.

This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (F)  Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate. (G)  (i)  A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (F), to provide public comment until that timed public comment period has elapsed.
(ii)  A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (F), or otherwise be recognized for the purpose of providing public comment. (iii)  A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (F), until the timed general public comment period has elapsed. 92 Ch. 165 — 10 —
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(3)  If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote:
(A)  The legislative body has reconsidered the circumstances of the state of emergency.
(B)  Any of the following circumstances exist:
(i)  The state of emergency continues to directly impact the ability of the members to meet safely in person.
(ii)  State or local officials continue to impose or recommend measures to promote social distancing.
(4)  For the purposes of this subdivision, “state of emergency” means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2).
(f)  This section shall remain in effect only until January 1, 2024, and as of that date is repealed.

SEC. 3.1. Section 54953 of the Government Code is amended to read:
54953. (a)  All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency in person, except as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination obligations.
(b)  (1)  Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2)  Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3)  If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body 92 — 11 — Ch. 165
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shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4)  For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.

Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations.
(c)  (1)  No legislative body shall take action by secret ballot, whether preliminary or final.
(2)  The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3)  Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d)  (1)  Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2)  Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3)  For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 92 Ch. 165 — 12 —
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2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e)  (1)  A local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances:
(A)  The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing.
(B)  The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(C)  The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(2)  A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A)  The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.
(B)  The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3.

In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(C)  The legislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency. (D)  In the event of a disruption which prevents the public agency from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments using the call-in option or internet-based service option, the body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(E)  The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for 92 — 13 — Ch. 165
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the public to address the legislative body and offer comment in real time.

This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (F)  Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate. (G)  (i)  A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (F), to provide public comment until that timed public comment period has elapsed.
(ii)  A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (F), or otherwise be recognized for the purpose of providing public comment. (iii)  A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (F), until the timed general public comment period has elapsed. (3)  If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote:
(A)  The legislative body has reconsidered the circumstances of the state of emergency.
(B)  Any of the following circumstances exist:
(i)  The state of emergency continues to directly impact the ability of the members to meet safely in person.
(ii)  State or local officials continue to impose or recommend measures to promote social distancing.
(4)  For the purposes of this subdivision, “state of emergency” means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2).
(f)  This section shall remain in effect only until January 1, 2024, and as of that date is repealed.

SEC. 4. Section 54953 is added to the Government Code, to read:
54953. (a)  All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting 92 Ch. 165 — 14 —
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of the legislative body of a local agency, except as otherwise provided in this chapter.
(b)  (1)  Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2)  Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3)  If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4)  For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.

Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations
(c)  (1)  No legislative body shall take action by secret ballot, whether preliminary or final.
(2)  The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3)  Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d)  (1)  Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, 92 — 15 — Ch. 165
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members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2)  Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3)  For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter

2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e)  This section shall become operative January 1, 2024.

SEC. 4.1. Section 54953 is added to the Government Code, to read:
54953. (a)  All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, in person except as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination obligations.
(b)  (1)  Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2)  Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3)  If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the 92 Ch. 165 — 16 —
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legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4)  For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.

Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations.
(c)  (1)  No legislative body shall take action by secret ballot, whether preliminary or final.
(2)  The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3)  Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d)  (1)  Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2)  Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3)  For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint 92 — 17 — Ch. 165
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powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter

2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e)  This section shall become operative January 1, 2024.

SEC. 5. Sections 3.1 and 4.1 of this bill incorporate amendments to Section 54953 of the Government Code proposed by both this bill and Assembly Bill 339. Those sections of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2022, but this bill becomes operative first, (2) each bill amends Section 54953 of the Government Code, and (3) this bill is enacted after Assembly Bill 339, in which case Section 54953 of the Government Code, as amended by Sections 3 and 4 of this bill, shall remain operative only until the operative date of Assembly Bill 339, at which time Sections 3.1 and 4.1 of this bill shall become operative.

SEC. 6. It is the intent of the Legislature in enacting this act to improve and enhance public access to state and local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options consistent with the Governor’s Executive Order No. N-29-20 dated March 17, 2020, permitting expanded use of teleconferencing during the COVID-19 pandemic.

SEC. 7. The Legislature finds and declares that Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, further, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:

This act is necessary to ensure minimum standards for public participation and notice requirements allowing for greater public participation in teleconference meetings during applicable emergencies.

SEC. 8. (a)  The Legislature finds and declares that during the COVID-19 public health emergency, certain requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) were suspended by Executive Order N-29-20. Audio and video teleconference were widely used to conduct public meetings in lieu of physical location meetings, and public meetings conducted by teleconference during the COVID-19 public health emergency have been productive, have increased public participation by all members of the public regardless of their location in the state and ability to travel to physical meeting locations, have protected the health and safety of civil servants and the public, and have reduced travel costs incurred by members of state bodies and reduced work hours spent traveling to and from meetings.
92 Ch. 165 — 18 —
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(b)  The Legislature finds and declares that Section 1 of this act, which adds and repeals Section 89305.6 of the Education Code, Section 2 of this act, which adds and repeals Section 11133 of the Government Code, and Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, all increase and potentially limit the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
(1)  By removing the requirement that public meetings be conducted at a primary physical location with a quorum of members present, this act protects the health and safety of civil servants and the public and does not preference the experience of members of the public who might be able to attend a meeting in a physical location over members of the public who cannot travel or attend that meeting in a physical location. (2)  By removing the requirement for agendas to be placed at the location of each public official participating in a public meeting remotely, including from the member’s private home or hotel room, this act protects the personal, private information of public officials and their families while preserving the public’s right to access information concerning the conduct of the people’s business.

SEC. 9. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect.

The facts constituting the necessity are:

In order to ensure that state and local agencies can continue holding public meetings while providing essential services like water, power, and fire protection to their constituents during public health, wildfire, or other states of emergencies, it is necessary that this act take effect immediately.

O
92 — 19 — Ch. 165
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

January 11, 2022
Date: January 5, 2022
TO: Mayor & City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jose M. Sanchez, City Attorney
SUBJECT: Loan Agreement between City and City of Modesto Redevelopment Successor Agency to fund a Settlement Agreement between the Successor Agency and Civic Partners Modesto, Inc.

CONTACT: Jose M. Sanchez, City Attorney, 209-577-5284, [email protected] DESCRIPTION:

Consider approving a Loan Agreement and Loan from the City to the Successor Agency to fund a Settlement Agreement regarding Civic Partners Modesto, Inc. (Funding Source: General Fund and RPTTF Fund)
STRATEGIC PLAN ELEMENT:

This item is related to the 2020-2025 Strategic Plan goal of promoting trust and engagement.

BACKGROUND:

On May 25, 2016 the City of Modesto Redevelopment Successor Agency received a claim for money or damages from Civic Partners Modesto, Inc. (“Civic Partners”). Following rejection by the Successor Agency of the claim, Civic Partners filed Case No. 9000266 in Stanislaus Superior Court (the “Litigation”).

The Litigation includes claims against the Successor Agency under that certain Lease Agreement between the former Redevelopment Agency (the “Former Agency”) and Civic Partners, pursuant to which Civic Partners leased property from the Former Agency at 1010 10th Street and that certain Parking Agreement between Civic Partners and the Former Agency for parking related to the leased property. Both the Lease Agreement and the Parking Agreement are “Enforceable Obligations,” as defined in the redevelopment Dissolution Act (ABx1 26, together with AB 1484 and SB 107) that were in place prior to June 28, 2011. The Successor Agency can only enter into a new Enforceable Obligation unless it is related to an existing Enforceable Obligation.

DISCUSSION
After several years of negotiation, including mediation, on the Litigation claim, the Successor Agency and Civic Partners have agreed to a Settlement Agreement, pursuant to which the #6..
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City Council, January 11, 2022
Loan Agreement between City and
Successor Agency to fund Settlement Agreement

Successor Agency will pay $300,000 (the “Settlement Amount”) to Civic Partners to Settle the Litigation. A copy of the Settlement Agreement is attached as Exhibit B.

The Successor Agency can only pay an Enforceable Obligation if it is included on a Recognized Obligation Payment Schedule that has been approved by the Oversight Board to the Successor Agency and the Department of Finance. In order to pay the Settlement Amount, the Successor Agency will need to borrow funds from the City, as permitted by Section 34173(h)(1) of the Dissolution Act.

The City and Agency staff have prepared the Loan Agreement attached as Exhibit A. Under the Loan Agreement, the City will loan the Successor Agency the Settlement Amount, and will charge interest at the LAIF rate until repayment. In turn, the Successor Agency has included the Loan on the Recognized Obligation Payment Schedule (“ROPS”) for 2022-2023. Once the ROPS is approved, the Successor Agency will repay the City Loan from Redevelopment Property Tax Trust Funds as approved on the ROPS.

The Successor Agency has requested that the Oversight Board to the Successor Agency approve the Settlement Agreement and the Loan Agreement at its meeting on January 10, 2022, subject to approval of these agreements by the Successor Agency and the City.

FISCAL IMPACT:

By entering into the Settlement Agreement, the Successor Agency is avoiding the risk of the additional costs of going to trial and any potential liability if the Successor Agency loses the case. There is also the risk that if the Successor Agency wins the case that it may not be able to recover the additional costs of trying the case.

The City will be loaning the funds to the Successor Agency to pay for the Settlement Amount of $300,000, and the Successor Agency will not be able to repay the City until the next ROPS payment is received by the Successor Agency to reimburse the City for the amounts due under the Loan Agreement.

COMMITTEE RECOMMENDATION:

This agenda item was not presented to a Council Committee.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving a Loan Agreement and Loan to the City of Modesto Redevelopment Successor Agency in the amount of $300,000 pursuant to Health and Safety Code Section 34173(h)(1), and authorizing the City Manager, or his designee to execute the loan agreement.

Approved by:

Jose M. Sanchez, City Attorney
Joseph P. Lopez, City Manager
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City Council, January 11, 2022
Loan Agreement between City and
Successor Agency to fund Settlement Agreement

Attachments:

1. City Resolution approving a loan agreement and loan to the City of Modesto Redevelopment Successor Agency

2. Resolution

3. Exhibit A-Loan Agreement

4. Exhibit B - Settlement Agreement
5039959.1
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-XX

RESOLUTION APPROVING A LOAN AGREEMENT AND LOAN TO THE

CITY OF MODESTO REDEVELOPMENT SUCCESSOR AGENCY IN THE
AMOUNT OF $300,000 PURSUANT TO HEALTH AND SAFETY CODE
SECTION 34173(h)(1) AND AUTHORIZING THE CITY MANAGER, OR HIS

DESIGNEE TO EXECUTE THE LOAN AGREEMENT
WHEREAS, the City of Modesto Redevelopment Successor Agency (the “Successor Agency”) is the successor in interest to the Redevelopment Agency of the City of Modesto and is subject to, among other things, provisions in Assembly Bill x1 26 (together with AB 1484 and SB 107, the “Dissolution Act”); and WHEREAS, on January 23, 2017 Civic Partners Modesto, Inc. (“Civic Partners”) filed Case No. 9000266 against the Successor Agency in Stanislaus Superior Court (the “Litigation”); and
WHEREAS, after years of negotiation and mediation, the Successor Agency and Civic Partners have agreed to settle the Litigation (the “Settlement Agreement”); and WHEREAS, in order to settle the Litigation, the Successor Agency has agreed to provide a settlement amount to Civic Partners in the amount of Three Hundred Thousand Dollars ($300,000) (the “Settlement Amount”); and
WHEREAS, pursuant to Section 34177.3 of the Dissolution Act, the Agency may not create a new enforceable obligation (defined in Section 34171(d) of the Dissolution Act) except in compliance with an existing enforceable obligation that existed prior to June 28, 2011; and
WHEREAS, the Successor Agency is entering into the Settlement Agreement, thereby creating a new enforceable obligation, with respect to agreements that were in #6..
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full force and effect between the Successor Agency and Civic Partners prior to June 28, 2011; and
WHEREAS, in order to pay the Settlement Amount within the time period negotiated in the Settlement Agreement, the Successor Agency will need to borrow funds from the City and reimburse the City from Redevelopment Property Tax Trust Funds (“RPTTF”), as defined in the Dissolution Act; and
WHEREAS, pursuant to Section 34173(h)(1) of the Dissolution Act, the City is authorized to loan funds to the Successor Agency to pay for enforceable obligations (the “City Loan”), and an enforceable obligation shall be deemed to be created for the repayment of the City Loan; and
WHEREAS, the Successor Agency is entering into this Agreement to borrow the Settlement Amount to be paid under the Settlement Agreement; and WHEREAS, the Successor Agency Board approved the Settlement Agreement on January 11, 2022; and
WHEREAS, concurrently at this meeting, the Successor Agency Board is approving the City Loan from the City to the Successor Agency; and WHEREAS, City and Successor Agency staff have prepared a loan agreement (the “Loan Agreement”), substantially in the form on file with the City Clerk and as presented to this City Council; and
WHEREAS, the Settlement Agreement and the Loan Agreement were both approved by the Oversight Board to the Successor Agency on January 10, 2022, contingent on the approval by the Successor Agency of the Settlement Agreement and the #6..
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approval of the City Council and the Successor Agency Board of the Loan Agreement; and
WHEREAS, the loan from the City to the Successor Agency was included on the 2022-2023 Recognized Obligation Payment Schedule (“ROPS”), which was approved by the Oversight Board on January 10, 2022.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the Loan Agreement, substantially in the form on file with the City Clerk, and as presented to this City Council.

BE IT FURTHER RESOLVED, that the City Manager, or his designee, is hereby authorized to execute the Loan Agreement, in a form approved by the City Attorney, and to execute all documents and to take all actions necessary to carry out the intent of this Resolution.

The foregoing Resolution was introduced in a regular meeting of the Council of the City of Modesto held on the 11 day of January, 2022, by Council Member ________, who moved its adoption, which motion being duly seconded by Council Member ______, was upon roll call carried and the resolution adopted by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ATTEST: _____________________________
DANA SANCHEZ, Interim City Clerk
(SEAL)
APPROVED AS TO FORM:
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BY: _________________________________
JOSE M. SANCHEZ, City Attorney
5039243.1
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LOAN AGREEMENT BETWEEN

THE CITY OF MODESTO AND THE CITY OF MODESTO

REDEVELOPMENT SUCCESSOR AGENCY
THIS LOAN AGREEMENT (this “Agreement”) is entered into as of January 11, 2022 (the “Effective date”), by and between the City of Modesto, a California municipal corporation (“City”) and the Modesto Redevelopment Successor Agency (the “Successor Agency”). The City and the Successor Agency are hereinafter collective referred to as the “Parties.”

RECITALS
WHEREAS, the Successor Agency is the successor in interest to the Redevelopment Agency of the City of Modesto and is subject to, among other things, provisions in Assembly Bill x1 26 (together with AB 1484 and SB 107, the “Dissolution Act”); and
WHEREAS, on January 23, 2017 Civic Partners Modesto, Inc. (“Civic Partners”) filed Case No. 9000266 against the Successor Agency in Stanislaus Superior Court (the “Litigation”); and
WHEREAS, after years of negotiation and arbitration, the Successor Agency and Civic Partners have agreed to settle the Litigation (the “Settlement Agreement”); and WHEREAS, in order to settle the Litigation, the Successor Agency has agreed to provide a settlement amount to Civic Partners in the amount of Three Hundred Thousand Dollars ($300,000) (the “Settlement Amount”); and WHEREAS, pursuant to Section 34177.3 of the Dissolution Act, the Agency may not create a new enforceable obligation (defined in Section 34171(d) of the Dissolution Act) except in compliance with an existing enforceable obligation that existed prior to June 28, 2011; and
WHEREAS, the Successor Agency is entering into the Settlement Agreement, thereby creating a new enforceable obligation, with respect to agreements that were in full force and effect between the Successor Agency and Civic Partners prior to June 28, 2011; and
WHEREAS, in order to pay the Settlement Amount within the time period negotiated in the Settlement Agreement, the Successor Agency will need to borrow funds from the City of Modesto (the “City”) and reimburse the City from Redevelopment Property Tax Trust Funds (“RPTTF”), as defined in the Dissolution Act; and WHEREAS, pursuant to Section 34173(h)(1) of the Dissolution Act, the City is authorized to loan funds to the Successor Agency to pay for enforceable obligations (the “City Loan”), and an enforceable obligation shall be deemed to be created for the repayment of the City Loan; and
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WHEREAS, the Successor Agency is entering into this Agreement to borrow the Settlement Amount to be paid under the Settlement Agreement; and WHEREAS, the Successor Agency Board approved the Settlement Agreement on January 11, 2022; and
WHEREAS, the City Council and the Successor Agency Board approved the City Loan from the City to the Successor Agency on January 11, 2022; and WHEREAS, the Settlement Agreement and this Agreement were both approved by the Oversight Board to the Successor Agency on January 10, 2022, contingent on the approval by the Successor Agency of the Settlement Agreement and the approval of the City Council and the Successor Agency Board of this Agreement; and WHEREAS, the loan from the City to the Successor Agency was included on the 2022-2023 Recognized Obligation Payment Schedule (“ROPS”), which was approved by the Oversight Board on January 10, 2022.

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties to this Agreement agree as follows:

ARTICLE 1

LOAN TERMS

1.1 City Loan.
(a) Loan Amount. City agrees to lend to Successor Agency, and Successor Agency agrees to borrow from and repay to City, the City Loan in the amount not to exceed Three Hundred Thousand Dollars ($300,000) (“Loan Proceeds”).
(b) Loan Repayment. The total outstanding City Loan principal together with accrued interest thereon, is due and payable on June 30, 2022 (the “Maturity Date”).
(c) Interest. Commencing on the date of initial disbursement of the proceeds of the City Loan and continuing through the date that all indebtedness and other amounts payable under this Agreement are paid in full, interest on the City Loan will accrue on the outstanding principal balance, at the rate equal to the “Apportionment Rate” earned by the California Local Agency Investment Fund (“LAIF”) maintained by the California Treasurer’s Office (Government Code 16429.1) for the most recently completed fiscal quarter. Interest will be calculated on the basis of a year of 365 days and charged for the actual number of days that principal is outstanding.
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1.2 Prepayment. Successor Agency may prepay the City Loan, including any outstanding accrued and unpaid interest, in whole or in part, at any time, without penalty or other charge. Any partial prepayment shall be applied first to the outstanding principle balance of the City Loan and then accrued and unpaid interest that is due.

1.3 Payment. The outstanding principal of the City Loan, together with any outstanding accrued and unpaid interest, is due and payable immediately upon the receipt of RPTTF collected for and distributed to the Successor Agency by the AuditorController of Stanislaus County.

ARTICLE 2
DISBURSEMENT AND ACCOUNTING; USE OF FUNDS

2.1 Disbursement. Loan Proceeds may be disbursed to the Successor Agency upon the receipt of a drawdown request executed by the City Finance Director, in her capacity as staff to the Successor Agency.

2.2 Use of Loan Proceeds. Successor Agency may use the Loan Proceeds to pay the Settlement Amount.

ARTICLE 3

CITY REPRESENTATIONS AND WARRANTIES

3.1 Standing. Successor Agency warrants that it is in good standing with respect to all laws and regulations related to Successor Agency operations.

3.2 Authority. Successor Agency warrants that it has authority, and has completed all proceedings and obtain all approvals necessary to execute, deliver, and perform under this Agreement.

3.3 Valid and Binding Obligations. Successor Agency warrants that, when duly executed by the Successor Agency, this Agreement shall constitute the legal, valid and binding obligations of Successor Agency enforceable in accordance with its terms.

Successor Agency hereby waives any defense to the enforcement of the terms of this Agreement related to alleged invalidity of any provisions or conditions contained in this Agreement.

3.4 No Adverse Action. Successor Agency warrants that there is no action, suit or proceeding pending or threatened against it which might adversely affect the Successor Agency with respect to this Agreement.
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ARTICLE 4

CITY COVENANTS

4.1 Notification. Until the City Loan is repaid in full, the Successor Agency covenants that it will promptly notify City in writing of the occurrence of any event with might materially and adversely affect its ability to perform its obligations under this Agreement, or which constitutes, or with the giving of notice or passage of time or both would constitute, an Event of Default under this Agreement. Such occurrences include, but are not limited to, the threat or initiation of lawsuits or administrative proceedings against the Successor Agency that results in a final judgment, order or decree that has a materially adverse effect on the business of the Successor Agency and its ability to perform its obligations under this Agreement, the revocations of material operating licenses, or problems with vendors, suppliers, or customers that has a material effect on the business of the Successor Agency and its ability to perform its obligations under this Agreement.

ARTICLE 5

INDEMNITY REQUIREMENTS

5.1 Indemnity. Successor Agency shall defend hold harmless and indemnify City, its officers, employees and agents from and against all claims, liability, cots, expenses, loss or damages of any nature whatsoever, including reasonable attorney’s fees, arising out of or in any way connected with its failure to perform its covenants and obligations under this Agreement and any of its operations or activities related thereto, excluding the willful misconduct or the gross negligence of the person or entity seeking to be defended, indemnified, or held harmless.

ARTICLE 6

DEFAULT AND REMEDIES

6.1 Events of Default. Each of the following events will constitute an event of default (“Event of Default”) under this Agreement:
(a) Nonpayment. Failure of the Successor Agency to make payments pursuant to Article 1 hereof.
(b) Failure to Perform. Successor Agency’s failure, neglect or refusal to perform any promise, agreement, covenant or obligation contained in this Agreement, after any applicable cure periods.

6.2 Declaring Default. Whenever any Event of Default has occurred, other than a failure to pay any sums due, City shall give written notice of default to Successor Agency. If the default is not cured within thirty (30) calendars after the Date of Default (defined herein), or any extension approved in writing by City, City may enforce its rights and remedies under Section 6.3 below. Any default that has occurred will be deemed to #6..
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commence on the date that written notice of default is effective pursuant to Section 7.2 of this Agreement (the “Date of Default”). In the event of a default in the payment of any payment when due, the Successor Agency shall have ten (10) calendar days from the payment due date to cure such default whether or not City gives written notice.

6.3 Remedies. Upon the occurrence of any Event of Default, City, in addition to any other remedies provided herein or by law, have the right, at its option without any further demand or notice, to take one or any combination of the following remedial steps:
(a) declare that outstanding principal of the City Loan, all interest accrued and outstanding, and all other sums owing to City immediately due and payable, and
(b) take whatever other action at law or in equity which may appear necessary or desirable to collect the amounts then due and thereafter to become due hereunder or to enforce any other of its rights hereunder.

6.4 Disclaimer. If City elects to employ any of the remedies available to it in connection with any Event of Default, City will not be liable for: (1) the payment of any expenses incurred in connection with the exercise of any remedy available to City, and (2) the performance or nonperformance of any other obligations of City under this Agreement.

ARTICLE 7

MISCELLANEOUS

7.1 Conflict of Interest; Interest of Employees, Agents, Consultants, Officers and Officials of City or Successor Agency. Except for approved eligible administrative or personnel costs, no employee, agent or consultant who is in a position to participate in a decision-making process or gain inside information with regard to such activities assisted under this Agreement, may obtain a personal or financial interest in or benefit from the activities assisted under this Agreement, or have an interest, direct or indirect, in any contract, subcontract or agreement with respect thereto, or in the proceeds thereunder either for himself/herself or for those with whom he/she has family or business ties, during his/her tenure and for one year thereafter.

7.2 Notices. Any notice, request or consent required pursuant to this Agreement shall be deemed given when delivered personally or three (3) business days after being deposited in the U.S. mail, first class postage prepaid, return receipt requested, addressed as follows:

If to Successor Agency: Successor Agency of the Redevelopment Agency of of the City of Modesto
1010 10th St.

Modesto, CA
Attention: Executive Director
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If to City City of Modesto
1010 10th St.

Modesto, CA
Attention: City Manager
or to such other addresses as the parties may designate by notice as set forth above.

7.3 Successors and Assigns. All of the terms of this Agreement shall apply to and be binding upon, and inure to the benefit of, the successors and permitted assigns of City and Successor Agency, respectively, and all personal claiming or through them.

7.4 Attorney’s Fees. If any action is instituted by any party to enforce this Agreement or to collect any sums due hereunder or pursuant to this Agreement, the prevailing party in such action shall be entitled to recover its costs and reasonable attorneys’ fees as awarded by the court in that action.

7.5 Severability. If one or more provisions of this Agreement are found invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, the remaining provisions shall not in any way be affected, prejudiced, disturbed or impaired thereby, and all other provisions of this Agreement shall remain in full force and effect.

7.6 Amendments/Entire Agreement. City and Successor Agency reserve the right to amend this Agreement by mutual consent. It is mutually understood and agreed that no amendment, modification, alternation or variation of the terms of this Agreement is valid unless in writing and signed and acknowledged and approved by both Parties. This Agreement constitutes the entire agreement of the Parties and no oral understandings or agreement not incorporated herein shall be binding on either Party.

7.7 Time. Time is of the essence in the performance of the terms and conditions of this Agreement.

7.8 Governing Law. The laws of the State of California govern this Agreement.

7.9 City’s Rights and Consent. No forbearance, failure or delay by City in exercising any right, power, or remedy, nor any single or partial exercise of City or any right or remedy hereunder shall preclude the further exercise of such right, power or remedy.

The consent of City to any act or omission by Successor Agency may not be constructed as City consent to any other or subsequent act or omission or as a waiver of the requirement to obtain City consent in any other instance. All of City rights, powers and remedies are cumulative and shall continue in full force and effect until specifically waived in writing by the City.

7.10 Duration/Survival. This Agreement continues in full force and effect unit the City Loan is repaid in full.
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7.11 Headings. The headings within this Agreement are for the purpose of reference only and do not limit or otherwise affect any of the terms of this Agreement.

7.12 Counterparts, Facsimile Copies. This Agreement may be executed in counterparts, each of which will be deemed an original, but all of which together constitute one and the same agreement. This Agreement is effective upon transmission by any party to the other parties of a fully signed facsimile copy of the Agreement after the formal approval by the governing body of the Successor Agency and the City Council. In case of any conflict, the counterpart maintained by the City Council will be deemed to be determinative.

SIGNATURES ON FOLLOWING PAGE
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IN WITNESS WHEREOF, City and the Successor Agency have executed this Agreement as of the date first above written.

City of Modesto , City of Modesto
a municipal corporation Redevelopment Successor
Agency, a public agency
By: ________________________________ By: _______________________ City Manager Executive Director
Attest: Attest:
________________________________ __________________________ City Clerk Secretary
Approved as to Form: Approved as to Form:
___________________________ __________________________
City Attorney Successor Agency Counsel
5039026.1
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SETTLEMENT AGREEMENT AND GENERAL RELEASE
Civil Partners Modesto, Inc. v. The City of Modesto Redevelopment Successor Agency, et al.

Stanislaus Superior Court, Case No.: 9000266
This Settlement Agreement and General Release (this “Agreement”) is made by and between Plaintiff and Cross-Defendant Civic Partners Modesto, Inc. (“Plaintiff”) and Defendant and Cross-Complainant the City of Modesto Redevelopment Successor Agency (the “Agency”), on behalf of itself and all of its current and former officers, employees and agents. Plaintiff and the Agency shall be referred to collectively as the “Parties.”
The Agency is the successor in interest to the Redevelopment Agency of the City of Modesto and is subject to, among other things, provisions in Assembly Bill x1 26 and together with AB 1484 and SB 107, the “Dissolution Act.” Pursuant to Section 34177.3 of the Dissolution Act, the Agency may not create a new enforceable obligation (defined in Section 34171(d) of the Dissolution Act) except in compliance with an enforceable obligation that existed prior to June 28, 2011.

The Agency is entering into this Agreement with respect to one or more Enforceable Obligations that were in full force and effect between the Parties prior to June 28, 2011.

This Agreement encompasses all claims of any type between the Parties, including but not limited to, the claims arising in any way out of the facts alleged in any pleading, including any complaint or cross-complaint, filed by the Parties in the Stanislaus Superior Court case captioned above (9000266) (the “Litigation”).

The Parties now desire, without any admission of liability by any of the Parties, to settle all claims arising out of the Litigation in exchange for dismissals with prejudice of all pleadings, including complaints and cross-complaints, in the Litigation and the consideration set forth in this Agreement.

Except as expressly provided herein, once this Agreement is fully executed by the Parties, (a) the Parties will cease all litigation activity in the Litigation, including, but not necessarily limited to, discovery, requests for documents through California’s Public Records Act, and motion practice (the “Agreement to Stay Litigation”) and (b) the Agency will recommend and both actively and diligently take all necessary actions to obtain any required approval of the terms of this Agreement by the Oversight Board and the California Department of Finance (“Approval Obligations”).

With the exception of the Agreement to Stay Litigation and the Agency’s Approval Obligations, the performance provided for in this Agreement, as described herein, is contingent upon approval of such actions by the Oversight Board to the Agency and the California Department of Finance as provided in California Health & Safety #6..
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Code Section 34179. The Parties acknowledge that time is of the essence for securing such approvals.

In the event any required approvals described herein have not been obtained on or before January 24, 2022, Plaintiff shall have the right, upon written notice to Agency, to suspend the Agreement to Stay Litigation, in order to seek to have a new trial date set by the Court to avoid application of any mandatory dismissal rule and engage in other litigation activities in the Litigation. In the event Plaintiff elects to suspend the Agreement to Stay Litigation, each Party upon written notice to the other Party shall have the right to terminate this Agreement at any point before all approvals by the Oversight Board and the California Department of Finance set forth herein have been obtained,.

Subject to obtaining the Oversight Board and the California Department of Finance approvals described herein, the Parties further agree as follows:

1. The Agency will deliver to Plaintiff Three Hundred Thousand Dollars and Zero Cents ($300,000.00) in good funds (“Settlement Amount”). The payment will be made within five (5) days after, and provided that, all the following have occurred: (i) receipt of this Agreement executed by Plaintiff; (ii) execution of this Agreement by the Agency; (iii) approval of the Agreement by the Agency’s governing board; (iv) approval of the Agreement by the Agency’s Oversight Board; (v) approval of the Agreement by the California Department of Finance; and (vi) approval by the California Department of Finance of a loan from the City of Modesto to the Agency sufficient to cover the Settlement Amount pursuant to Section 34173(h)(1) of the Dissolution Act, which approvals the Agency shall promptly seek.

The Settlement Amount shall be made by check payable to FSG Lawyers Client Trust Account FBO Civic Partners Modesto, Inc., and delivered to:

FSG Lawyers PC
19800 MacArthur Blvd., Suite 1100
Irvine, CA 92612-2425
Attn: James D. Stroffe, Esq.

2. Within ten (10) days of the payment under this Agreement having been delivered, each Party shall cause all of that Party’s claims, pleadings, and complaints pending in the Litigation to be dismissed with prejudice, and Plaintiff shall promptly cause the Litigation to be closed.

3. Plaintiff and the Agency fully and finally release and waive any and all claims, controversies, liabilities, judgments, causes of action, damages, demands, liens, costs, attorneys’ fees and expenses, known and unknown, vested or contingent, direct or indirect, whether recoverable under the Constitution, statutes or common law of the United States of America or the State of California, or any other state, including but not limited to 42 U.S.C. §§ 1983 and 1988, that the Parties may have, had, or may now have against the other party and any of their respective officials, boards, officers, directors, employees, agents, heirs, successors, assigns, #6..
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representatives, attorneys, insurers, insurance programs and risk pools (collectively referred to as the “Released Parties”), arising from, relating to or pursuant to the Litigation. The releases contained herein do not extend to liability for breach of this Agreement. The Parties explicitly acknowledge reading Section 1542 of the California Civil Code, which provides: “A GENERAL RELEASE

DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR

RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS

OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND

THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY

AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR
RELEASED PARTY.” The Parties hereby waive application of Section 1542 of the Civil Code, understanding that, as a consequence of this waiver, the Parties will not be permitted to make any further claims against Released Parties, regardless of whether the Parties should eventually suffer or discover additional loss, damage, or injury related to the claims arising in the Litigation or related to the subject matter of the Litigation. This Agreement expresses a full and complete settlement of all liability claimed and denied, regardless of the aforesaid consideration.

4. The Parties further acknowledge and agree that settlement of these claims is not an admission of liability of unconstitutional or illegal or otherwise wrongful conduct by or on the part of any of the Released Parties, the same being denied, and shall not serve as evidence or notice of wrongdoing by or on the part of the Released Parties. The Parties also further acknowledge and agree that settlement is made to avoid the uncertainty of the outcome of litigation and the expense in time and money of further litigation .

5. Each Party will bear its own costs, fees and expenses, including each Party’s own attorneys’ fees.

6. This Agreement shall be governed and construed in accordance with the laws of the State of California.

7. This Agreement constitutes the entire agreement between the Parties on the subject matters that this Agreement covers and supersedes all prior and contemporaneous oral and written agreements and discussions. This Agreement may be amended only by an agreement in writing, signed by the Parties.

8. The Parties acknowledge they have been represented by attorneys in the negotiations for and preparation of this Agreement, they have read this Agreement, they are fully aware of its contents, and they have freely and voluntarily entered into the settlement and terms set forth in this Agreement.

9. Each party or agent thereof executing this Agreement is duly authorized to enter into and execute this Agreement in such capacity.
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10. This Agreement may be executed in multiple original counterparts, each of which shall constitute an original document, and all of which in the aggregate shall constitute one and the same agreement. Unless otherwise stated herein, facsimile and electronic signatures transmitted via PDF attachment or DocuSign shall be effective for all purposes as if original.

11. If any of the provisions of this Agreement are held by a court of competent jurisdiction to be invalid, void, or otherwise unenforceable, the remaining provisions shall nonetheless continue in full force and effect without being impaired or invalidated in any way.

12. In any action to enforce the terms of this Agreement, the prevailing Party shall be entitled to an award of reasonable attorneys’ fees and costs of litigation.

13. Time is of the essence with respect to all provisions of this Agreement, including, without limitation, securing approval of this Agreement by the Agency’s governing board, Agency’s Oversight Board, and the California Department of Finance.

In witness thereof, the Parties, by their duly authorized representatives, affix their signatures hereto.

Dated: CIVIC PARTNERS MODESTO, INC.

Plaintiff and Cross-Defendant
By: __________________________
Steven P. Semingson, President
Dated: THE CITY OF MODESTO

REDEVELOPMENT SUCCESSOR
AGENCY
Defendant and Cross-Complainant
By: __________________________ Joseph Lopez
Dated: Approved as to form
David Mehretu
Meyers Nave
Counsel for Defendant and CrossComplainant

THE CITY OF MODESTO

REDEVELOPMENT SUCCESSOR
AGENCY
By: __________________________
David Mehretu
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5032593.7
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

January 11, 2022
Date: December 22, 2021
TO: Mayor and City Council
FROM: Joseph P. Lopez, City Manager
SUBJECT: Monthly Budget Adjustment Report – December 2021 CONTACT: Steve Christensen, Budget Manager, [email protected] 209-577-5390
DESCRIPTION:

Consider approving the recommended budget adjustments to Fiscal Year 2021-22 Annual Operating and Capital Improvement Program Budgets. (Funding Source: Various Funds)
STRATEGIC PLAN ELEMENT:

This item supports the City of Modesto 2020-2025 Strategic Plan focus on Governance and Service Delivery under Goal H: Achieve Financial Sustainability.

BACKGROUND:

Each month City staff presents a variety of budget adjustments requiring the approval of Council. These changes are submitted to the Finance Committee for review prior to submission to Council and include an explanation and justification for each transaction.

This report includes a number of adjustments that have been identified by monitoring department budgets. Due to the number of adjustments, they have been included as an attachment to this report (Exhibit A). As in past reports, adjustments are separated by fund and department as appropriate. The adjustments are reflected in a more summarized version and supporting documentation is available for review upon request.

Also included in this report as an attachment (Exhibit B) is a summary of the budget adjustments approved by the City Manager and/or Budget Manager consistent with the change in authority levels that was approved by Council with the passing of the Fiscal Year 2019-20 Operating Budget via Resolution No. 2019-305.

DISCUSSION:

The monthly budget adjustments attached as Exhibit A in this item include adjustments across various departments. These adjustments are explained in further detail within Exhibit A. #7..
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City Council, January 11, 2022
Monthly Budget Adjustment Report – December 2021

FISCAL IMPACT:

The fiscal impact of each item is noted in the attachments to this report. The adjustments are for Fiscal Year 2021-22.

COMMITTEE RECOMMENDATION:

This item was presented to the Finance Committee on December 20, 2021 and was recommended to be forwarded to Council for approval. It must be noted that since the recommendation of the Finance Committee, one item has been added due to an urgent need to budget for the Tuolumne River Regional Park Gateway Phase III project as part of a grant application that needs to be submitted by the end of January. The additional item is listed below and reflected in Exhibit A.
 A budget adjustment in the amount of $150,000 is needed to establish a transfer from the Parks Capital Facility Fee Fund 3460 to Project 101379 – Tuolumne River Regional Parks (TRRP) Gateway Phase III and allocate funds to the project discretionary tasks.

This project will create an outdoor event venue and Amphitheatre in the TRRP Gateway parcel near 10th Street and Morton Boulevard.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution amending the Fiscal Year 2021-22 Annual Operating and Capital Improvement Project Fund Budgets and authorizing the City Manager, to take the necessary steps to implement the provisions of this resolution.

Approved by:

Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Exhibit A – Budget Adjustments Requiring Council Approval

3. Exhibit B - Staff Approved Budget Adjustments
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1 MODESTO CITY COUNCIL
RESOLUTION NO. 2022-
RESOLUTION AMENDING THE FISCAL YEAR 2021-22 ANNUAL

OPERATING AND CAPITAL IMPROVEMENT PROJECT FUND

BUDGETS AND AUTHORIZING THE CITY MANAGER, TO TAKE

THE NECESSARY STEPS TO IMPLEMENT THE PROVISIONS OF

THIS RESOLUTION
WHEREAS, a financial analysis has been completed and it has been determined that a budget adjustment is required to the Annual and Capital Improvement Budgets of the City of Modesto for Fiscal Year 2021-22.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves amending the Fiscal Year 2021-22 Annual Operating and Capital Improvement budget as shown in Exhibit A, which is attached hereto and incorporated by reference herein.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to take the necessary steps to implement the provisions of this resolution.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 11th day of January 2022, 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 votes:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: ________________________________
DANA SANCHEZ, Interim City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: _____________________________________
JOSE M. SANCHEZ, City Attorney
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City Council, January 11, 2022
Monthly Budget Adjustment Report

EXHIBIT A
FISCAL YEAR 2021-22

COMMUNITY & ECONOMIC DEVELOPMENT
 A budget adjustment is needed to reduce the amount of Emergency Solutions Grants Coronavirus Aid, Relief, and Economic Security, Coronavirus Allocation (ESG CARES CV) Act funding budgeted for project 101258, in the amount of $266,427. As part of the budget adoption for Fiscal Year 2022, the total budgeted to be transferred out of the project increased, however the adjustment to reduce the corresponding task in the project was missed. This will not affect the total amount of the grant. There is no impact on the General Fund.

PARKS, RECREATION AND NEIGHBORHOODS
 A budget adjustment in the amount of $150,000 is needed to establish a transfer from the Parks Capital Facility Fee Fund 3460 to Project 101379 – Tuolumne River Regional Parks (TRRP) Gateway Phase III and allocate funds to the project discretionary tasks.

This project will create an outdoor event venue and Amphitheatre in the TRRP Gateway parcel near 10th Street and Morton Boulevard.

POLICE DEPARTMENT
 A budget adjustment in the amount of $206,986 is needed to recognize revenue received as part of the annual allocation of the State Supplemental Law Enforcement Fund (SLESF) 2020-2021 (Project 101284). These funds will be used for police overtime, training, technology and equipment to fulfill the purpose of the Fund which is to “provide for additional resources for local law enforcement and to benefit front line law enforcement services”.
 A budget adjustment in the amount of $125,206 is needed for the purchase of two vans, mentioned in the fleet item also on the December 20, 2021 Finance Committee meeting and outfitting costs for the Modesto Police Department (MPD) Homeless Program (Fund 1342, Cost Center 19205) as well as increasing the Transfer In from the Emergency Solutions Grants – CARES Act (ESG-CV) Funding, Project 101258 (Fund 1180), by the same amount.

UTILITIES
 A budget adjustment in the amount of $1,235,000 is necessary in the Water CIP Fund (4180) to create and establish the expense budget for the Sylvan Water Main Upgrade Capital Project (101367). This project will improve water flow and pressure to this area along with putting in place the required infrastructure for the future Tivoli Development.  A budget adjustment in the amount of $87,875 is necessary in the Water CIP Fund (4180) to create and establish the expense budget for the Well Equipping Design Template Non-Capital Project (101368). This project will assist staff and consultants in the standardization of future well projects.
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City Council, January 11, 2022
Monthly Budget Adjustment Report

 A budget adjustment in the amount of $1,935,000 is necessary in the Wastewater Fund (4210) to create and establish the expense budget for the Sonoma Sewer Trunk Extension Phase 3 Capital Project (101370). This project will fund the installation of the new Sonoma Sewer Trunk Extensions along Future Aria Way from Sylvan Road to Bridgewood Way for the future Tivoli Development. This phase will be designed concurrently with Phase 4.
 A budget adjustment in the amount of $1,935,000 is necessary in the Wastewater Fund (4210) to create and establish the expense budget for the Sonoma Sewer Trunk Extension Phase 4 Capital Project (101371). This project will fund the installation of the new Sonoma Sewer Trunk Extensions along Future Aria Way from Bridgewood Way to Mable Avenue for the future Tivoli Development. This phase will be designed concurrently with Phase 3.
 A budget adjustment in the amount of $775,000 is necessary in the Wastewater Fund (4210) to create and establish the expense budget for the MCC Replacement NonCapital Project (101372). This project will replace the Motor Control Center (MCC) Panels at the Sutter and Jennings Wastewater Treatment Plants.  A budget adjustment in the amount of $394,000 is necessary in the Wastewater Fund (4210) to create and establish the expense budget for the Nitrate Control - Pathway A Non-Capital Project (101373). This project will fund the installation of monitoring wells at the Sutter and Jennings Wastewater Treatment Plants to determine groundwater characteristic in order to develop a compliance strategy in accordance with our discharge permits.
 A budget adjustment in the amount of $599,000 is necessary in the Wastewater Fund (4210) to create and establish the expense budget for the Jennings Monitoring Well Network Improvements Non-Capital Project (101374). This project will fund improvements to the existing monitoring well network including increasing operational efficiency, reductions in redundancy and the identification and elimination of wells that do not provide representative compliance monitoring data.  A budget adjustment in the amount of $2,000,000 is necessary in the Wastewater Fund (4210) to create and establish the expense budget for the 2020-2021 Sanitary Sewer Replacement Project (101375). This project will strengthen and replace existing infrastructure along with identifying locations for intermediate manholes to be added. #7..
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Department Director/Budget Manager/City Manager Approved Budget Adjustments EXHIBIT B For FY2021/22
AT #
Appro
ved by
CM,
BM or
DD Fund Fund Name Cost Ctr/Project Name Account Name
Rev/E
xp/TI/
TO
Acco
unt Current Budget
Increase
(Decrease)
Revised
Budget Description
AT-061 BM 0180 Fired Depart. Unrestricted NonCapital Projects AMR/General EMS Emergency Medical Services & Equipment (Task FY21 Exp $ 170,993 (98,541) $ $ 72,452
AT-061 BM 0180 Fired Depart. Unrestricted NonCapital Projects AMR/General EMS Training Expenses (Task Appropriation Unit C) Exp $ 35,000 2,192 $ $ 37,192
AT-061 BM 0180 Fired Depart. Unrestricted NonCapital Projects AMR/General EMS Emergency Medical Services & Equipment (Task FY22 Exp $ 553,015 96,349 $ $ 649,364
Total Changes for Fund 0180 $ 759,008 $ - $ 759,008
AT-062 BM 0100 General Fund Modesto Police Asset
Forfeiture Seized Forfeitures Rev $ 61,000 17,000 $ $ 78,000 AT-062 BM 0100 General Fund Modesto Police Asset
Forfeiture Police Overtime Exp $ - 17,000 $ $ 17,000
AT-075 DD 0100 General Fund 02010 - City Manager's
Office
Budget Only - Salary Adjustment
- Decrease Exp $ - (17,500) $ $ (17,500)
AT-075 DD 0100 General Fund 02010 - City Manager's
Office
Budget Only - Benefit
Adjustment - Decrease Exp $ - (7,500) $ $ (7,500)
AT-075 DD 0100 General Fund 02010 - City Manager's
Office Professional Services Exp $ 45,000 25,000 $ $ 70,000 Total Changes for Fund 0100 $ 106,000 $ 34,000 $ 140,000 AT-063 BM 1130 Grants - CDBG Direct
Program - CFDA No 14.218
101257 - CDBG CARES Act
Funding Intergov - Federal HUD Rev $ 316,388 (110,000) $ $ 206,388 AT-063 BM 1130 Grants - CDBG Direct
Program - CFDA No 14.218
101257 - CDBG CARES Act
Funding
Activity 1462 - Bay Valley
Foundation Rev $ - 110,000 $ $ 110,000
AT-063 BM 1130 Grants - CDBG Direct
Program - CFDA No 14.218
101257 - CDBG CARES Act
Funding Discretionary Expenses Exp $ 371,003 (110,000) $ $ 261,003 AT-063 BM 1130 Grants - CDBG Direct
Program - CFDA No 14.218
101257 - CDBG CARES Act
Funding
Activity 1462 - Bay Valley
Foundation Exp $ - 100,000 $ $ 100,000
AT-063 BM 1130 Grants - CDBG Direct
Program - CFDA No 14.218
101257 - CDBG CARES Act
Funding
Activity 1462 Admin - Bay Valley
Foundation Exp $ - 10,000 $ $ 10,000
AT-067 BM 1130 Grants - CDBG Direct
Program - CFDA No 14.218
101257 - CDBG CARES Act
Funding Intergov - Federal HUD Rev $ - 2,747 $ $ 2,747
AT-067 BM 1130 Grants - CDBG Direct
Program - CFDA No 14.218
101257 - CDBG CARES Act
Funding Activity 1435 -CCC Rev $ 44,615 (2,747) $ $ 41,868 AT-067 BM 1130 Grants - CDBG Direct
Program - CFDA No 14.218
101257 - CDBG CARES Act
Funding 1435 AD CCC Appr Unit C Exp $ 4,615 (2,747) $ $ 1,868 A budget adjustment in the amount of $25,000 is necessary to move salary savings from a vacant Communications and Media Relations Manager position to professional services to cover Slate's professional services costs and funding for the upcoming hire of the new Public Relations and Legislative Affairs Manager position.

A budget adjustment in the amount of $98,312 is necessary to reallocate appropriations within the AMR/General EMS project to cover the shortfall in the Appropriation Unit C task and move the balance to the newest task for FY22.

A budget adjustment is needed for a public service grant in the amount of $100,000, plus $10,000 in staff time, using Community Development Block Grant CARES Act (CDBG-CV) funding that was previously budgeted in task Appr Unit C. There is no impact to the General Fund.

A budget adjustment is necessary to move $2,747 remaining budgeted for the CARES Act Funding to an active task in the project. The contract with the Children's Crisis Center has been fully expended, and moving the remaining budget will allow staff to quickly identify the remaining CARES Act funding.

A budget adjustment in the amount of $17,000 is needed to appropriate funds for Police Overtime in relations to funds received from the Stanislaus County District Attorney's office to help deter gang crime, violent crime and drug use. #7..
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Department Director/Budget Manager/City Manager Approved Budget Adjustments EXHIBIT B For FY2021/22
AT #
Appro
ved by
CM,
BM or
DD Fund Fund Name Cost Ctr/Project Name Account Name
Rev/E
xp/TI/
TO
Acco
unt Current Budget
Increase
(Decrease)
Revised
Budget Description
AT-067 BM 1130 Grants - CDBG Direct
Program - CFDA No 14.218
101257 - CDBG CARES Act
Funding CDBG CARES CV-2 Exp $ 261,003 2,747 $ $ 263,750 Total Changes for Fund 1130 $ 997,624 $ - $ 997,624
AT-066 BM 1170 Grants - HOME Program 101343 - FY22 HOME Program
Activity 1185 - HOME Admin
Funds Rev $ - 11,108 $ $ 11,108
AT-066 BM 1170 Grants - HOME Program 101343 - FY22 HOME Program
Activity 1185 - Discretionary
Expenses Exp $ - 11,108 $ $ 11,108
AT-069 BM 1170 Grants - HOME Program 101136 - HOME ARP
Funding Services City Forces - Interfund Exp $ - 25,000 $ $ 25,000 A budget adjustment is needed to capture expenses associated with the application, acceptance and setup of this grant. There is no impact to the General Fund Total Changes for Fund 1170 $ - $ 47,216 $ 47,216
AT-068 CM 1341 Grants - Operation Grant
Reimbursed Waste Tire Amnesty TA6 Intergov-State-CalRecycle Rev $ - 24,975 $ $ 24,975 AT-068 CM 1341 Grants - Operation Grant
Reimbursed Waste Tire Amnesty TA6 Advertising Exp $ - 2,580 $ $ 2,580 AT-068 CM 1341 Grants - Operation Grant
Reimbursed Waste Tire Amnesty TA6 Professional Services Exp $ - 16,725 $ $ 16,725 AT-068 CM 1341 Grants - Operation Grant
Reimbursed Waste Tire Amnesty TA6 Services City Forces - Interfund Exp $ - 5,670 $ $ 5,670 Total Changes for Fund 1341 $ - $ 49,950 $ 49,950
AT-070 BM 1380 Non-Capital Parks Fund (NonGrant)
100880 - Fund
Development/Special
Projects
47031 - Misc.

Donations/Contributions NonIntergovRev $ 2,330 1,500 $ $ 3,830 AT-070 BM 1380 Non-Capital Parks Fund (NonGrant)
100880 - Fund
Development/Special
Projects
Alberta's Garden-10338
Professional Services Exp $ 2,330 1,500 $ $ 3,830
AT-071 BM 1380 Non-Capital Parks Fund (NonGrant)
101369 - MPD Stanislaus
Comm Foundation
47031 - Misc.

Donations/Contributions NonIntergov
Rev $ - 11,939 $ $ 11,939
AT-071 BM 1380 Non-Capital Parks Fund (NonGrant)
101369 - MPD Stanislaus
Comm Foundation Police Equipment < $5,000 Exp $ - 11,939 $ $ 11,939 Total Changes for Fund 1380 $ 4,660 $ 26,878 $ 31,538
AT-065 BM 1410 Measure L Road Tax Fund 101242 - Install Video Detection
AUC-CA - Construction
Administration Exp $ 53,478 (53,478) $ $ -
AT-065 BM 1410 Measure L Road Tax Fund 101242 - Install Video Detection AUC-CTGY - Contingency - CIP Exp $ 32,411 (32,411) $ $ - AT-065 BM 1410 Measure L Road Tax Fund 101242 - Install Video Detection AUC-CON - Construction Exp $ 324,111 85,889 $ $ 410,000 A budget adjustment is necessary to reallocate $85,889 in funds from the AUC-CA and AUC-CTGY task to the AUC-CON task within Project 101242. This will fund the purchase of additional cameras on the project. City crews will be installing the cameras which will come out of the Traffic Electrical operating budget.

A budget adjustment in the amount of $24,975 for the City of Modesto grant funding from CalRecycle for waste tire disposal. This grant will provide funding for staff time, field equipment, promotional costs and advertising for the waste tire disposal and tire amnesty disposal program.

A budget adjustment is necessary in the amount of $1,500 to increase the budget for expenses related to the Alberta's Garden along the Virginia Corridor. Expenses related to Alberta's Garden will be paid by the appropriate task and revenue will be received from the Stanislaus Community Foundation account #10338 to offset expenses.

A budget adjustment is necessary to increase the HOME Admin budget to capture all available funding. HOME Program FY15 Activity 1185 has a remaining balance of $11,079.89 available for admin activities
A budget adjustment in the amount of $11,939 is necessary to recognize Stanislaus Community Foundation revenue in account 51800 and establish the expense budget.

The project is being established to track expenses related to this account so that staff can request reimbursement.
#7..
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Department Director/Budget Manager/City Manager Approved Budget Adjustments EXHIBIT B For FY2021/22
AT #
Appro
ved by
CM,
BM or
DD Fund Fund Name Cost Ctr/Project Name Account Name
Rev/E
xp/TI/
TO
Acco
unt Current Budget
Increase
(Decrease)
Revised
Budget Description
Total Changes for Fund 1410 $ 410,000 $ - $ 410,000
AT-072 DD 1800
Economic
Development/Strategic Plan
Fund
Phase 2 Disp. Applications Phase 2 Disp. Applications Rev $ 400,000 6,380 $ $ 406,380 AT-072 DD 1800
Economic
Development/Strategic Plan
Fund
Phase 2 Disp. Applications Phase 2 Disp. Applications Exp 0 $ 3,190 $ 3,190 AT-072 DD 1800
Economic
Development/Strategic Plan
Fund
Phase 2 Disp. Applications Phase 2 Disp. Applications Exp $ - 1,595 $ $ 1,595 AT-072 DD 1800
Economic
Development/Strategic Plan
Fund
Phase 2 Disp. Applications Phase 2 Disp. Applications Exp $ - 957 $ $ 957 AT-072 DD 1800
Economic
Development/Strategic Plan
Fund
Phase 2 Disp. Applications Phase 2 Disp. Applications Exp $ - 638 $ $ 638 Total Changes for Fund 1800 $ 400,000 $ 12,760 $ 412,760 AT-073 CM 3140 Capital Grants - CIP Projects 101339-Transit Center Improvements
Intergov-State-LTF-Capital
Related Regional Funds Claim Rev $ 4,726,173 35,505 $ $ 4,761,678 AT-073 CM 3140 Capital Grants - CIP Projects 101339-Transit Center Improvements CA-Construction Admin Exp $ 371,749 35,505 $ $ 407,254 Total Changes for Fund 3140 $ 5,097,922 $ 71,010 $ 5,168,932 AT-064 BM 3170 Capital Grants/HUD CIP 101147-Mellis Park Transfer In from Fund 1130 Rev $ 440,000 10,600 $ $ 450,600 A budget adjustment is necessary in the amount of $10,600 to increase the budgeted transfer form fund 1130 to close the project.

Total Changes for Fund 3170 $ 440,000 $ 10,600 $ 450,600 AT-076 BM 3410 Streets Capital Facility Fee
Fund
100614 - State Route 132
W. Expressway Land Acquisition-CFF Exp $ 4,073,448 (200,000) $ $ 3,873,448 AT-076 BM 3410 Streets Capital Facility Fee
Fund
100614 - State Route 132
W. Expressway
Land Acquisition-CFFNossaman Exp $ 1,250,000 200,000 $ $ 1,450,000 Total Changes for Fund 3410 $ 5,323,448 $ - $ 5,323,448 AT-074 DD 4180 Water Fund CIP 101154 - Sutter S&R Water Mains CON-Construction Exp $ 750,000 (10,000) $ $ 740,000 A budget adjustment is necessary to re-allocate $200,000 of funds from the LA-CFF task to the LA-CFF-Nossaman task within Project 100614 to account for additional expenses in Nossaman in relation to land acquisition. The funding source is not changing and will still come from the Streets CFF fund.

A budget adjustment is necessary to recognize LTF funds in the amount of $35,505 on Project 101339. The revenue was previously budgeted on the older project 101095, however, the expense budget was not updated. The new project 101339 is now being increased for both revenue and expenses so that all LTF revenue on the City's most recent TDA claim are recognized.

A budget adjustment is necessary to reallocate $10,000 of funds between the CON A budget adjustment is necessary in the amount of $6,380 to increase the budget for Phase 2-Dispensary Application Project (101115) for the addition of a relocation Phase 2 application review for DIS-18-014 Doctor's Choice. Staff need appropriate mechanisms in place to charge staff time, professional services, legal fees and other business expenses to the project.
#7..
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Department Director/Budget Manager/City Manager Approved Budget Adjustments EXHIBIT B For FY2021/22
AT #
Appro
ved by
CM,
BM or
DD Fund Fund Name Cost Ctr/Project Name Account Name
Rev/E
xp/TI/
TO
Acco
unt Current Budget
Increase
(Decrease)
Revised
Budget Description
AT-074 DD 4180 Water Fund CIP 101154 - Sutter S&R Water Mains
EDAEngineering/Design/Administrati
on
Exp $ 160,000 10,000 $ $ 170,000
Total Changes for Fund 4180 $ 910,000 $ - $ 910,000
and EDA task lines to cover COM staff time expenses within Project 101154. #7..
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

January 11, 2022
Date:December 22, 2021
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jaylen French, Director of Community and Economic Development SUBJECT: Upstreaming of the remaining ERAP1 funds to the US Treasury to be reallocated to the State of California with a designation for Modesto residents CONTACT: Jessica Hill, Community Development Manager
[email protected], 209-577-5321
DESCRIPTION:

Consider approving the “upstreaming“ of the remaining Emergency Rental Assistance Program (ERAP) 1 funds to the US Treasury to be reallocated to the State of California with a designation for Modesto residents in the amount of $2,327,945. (Funding Source: US Treasury ERAP1 Funds)
STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

On December 21, 2020, Congress passed the Consolidated Appropriations Act of 2021 and the Emergency Rental Assistance Program (ERAP), which made available $25 billion nationwide to assist households that are unable to pay rent and utilities due to the COVID-19 pandemic. The funds were provided directly to States, U.S. Territories, local governments, and Indian tribes.

Grantees will use the funds to provide assistance to eligible households through existing or newly created rental assistance programs.

The U.S. Treasury issued approximately $1.1 billion to California jurisdictions with a population of 200,000 or more and an additional $1.5 billion to the State of California.

The ERAP defines eligible renter households as households with an income up to 80% of area median income (AMI) that meet both of the following criteria are eligible to receive assistance:
o One or more individuals in the household has qualified for unemployment benefits or can attest in writing that they have experienced a reduction in household income, incurred significant costs, or experienced other financial hardship due to the coronavirus pandemic; and
#8..
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City of Modesto, January 11, 2022
Upstreaming of the remaining ERAP1 funds to the US Treasury to be reallocated to the State of California with a designation for Modesto residents

o One or more individuals in the household can demonstrate a risk of experiencing homelessness or housing instability which may include a past due utility or rent notice or an eviction notice; or unsafe or unhealthy living conditions; or any other evidence of such risk as determined by the grantee.

In order to manage the program, the Stanislaus Regional Housing Authority (Housing Authority) offered to act as the fiscal agent for both the City of Modesto and Stanislaus County to develop and accept applications for the ERAP countywide.

To assist with the universal application intake process, the City and County were assisted by four local credit unions, and a mobile outreach team led by Rolling F Credit Union. The credit union assisted the community with application intake and offered additional assistance to households, in both Spanish and English to enter the information into the portal, or offer a paper copy of the application packet.

The Stanislaus ERAP opened to the public on Wednesday, February 24, 2021.

DISCUSSION:

Since February 24, 2021, the local ERAP program has been open, and the Housing Authority has been processing applications and sending out funding to those who have been approved.

ERAP is designed to work in partnership with existing housing support programs and resources.

These partners are able to assist with the application portal and to help direct clients to the correct resource in the most distressed areas in our community to ensure program information is distributed communitywide.

In August 2021, the ERAP Local Program portal was closed, and all new applicants were directed to the State of California COVID-19 Rent Relief Program (State Program). The City has been in close contact and has held weekly check-in meetings with the State Program team since August 2021. The City inquired with the State regarding the possibility of an undersubscription and the administration of these funds on the City’s behalf.

As of January 4, 2022, the City has processed all outstanding applications and had paid $3,430,390.85 of ERAP1 funds on behalf of 475 eligible households. Therefore, for the City ERAP Program including administration we have expended $4,070,205.95.

The Federal guidance was released November 15, 2021 with an immediate due date for the City to make a decision to “upstream” the remaining funds back to the US Treasury to be reallocated to the State of California with the designation for City of Modesto.

As of January 4, 2022, the State has received 2,792 applications requesting $33,496,572 from City of Modesto residents. To date the State has processed 551 applications totaling $4,310,612. Staff is requesting any remaining Local Program funds to be redirected to the State Program to support the $25 million in funding requests.

Below is a recap of the funding spent in ERAP1:
#8..
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City of Modesto, January 11, 2022
Upstreaming of the remaining ERAP1 funds to the US Treasury to be reallocated to the State of California with a designation for Modesto residents

Recap of the Local Program
City ERA 1 Allocation $6,398,151.00
Administration (10%) $ 639,815.10
Assistance Paid as of 1/04/2022 $3,430,390.85
Total Amount Paid $4,070,205.95
Available for State Program Oversubscription $2,327,945.05 Staff requests the Council approve the “upstreaming” of the remaining funds to the US Treasury to be reallocated to the State of California with a designation for Modesto residents in the amount of $2,327,945.05.

FISCAL IMPACTS:

The City of Modesto will upstream the funds in the amount of $2,327,945 to the US Treasury to be redistributed by the US Treasury with the understanding that the funding will be sent to the State of California and designated for City of Modesto Applicants. The City of Modesto will accept $60,751 from the State ERAP2 program for administrative costs.There is no impact to the General Fund.

COMMITTEE RECOMMENDATION:

Due to time and funding constraints, this item was brought directly to Council.

RECOMMENDED COUNCIL ACTION:

Staff Recommendation:

Resolution approving the “upstreaming“ of the remaining Emergency Rental Assistance Program (ERAP) 1 funds to the US Treasury to be reallocated to the State of California with a designation for Modesto residents in the amount of $2,327,945 and authorizing the City Manager or his designee, to execute any documents related to the purpose of this resolution.

Resolution amending the fiscal year 2021-2022 multi-year fund budget, reducing the allocation of Consolidated Appropriations Act of 2021 funds from the U.S. Department of Treasury with appropriate revenue and expenditure allocations and authorizing the City Manager, or his designee, to return the Federal Emergency Rental Assistance (ERA) #1 funding received on January 25, 2021, in an amount of $2,327,945, to the U.S. Treasury and authorizing the City Manager or his designee, to take the necessary steps to implement the provisions of this resolution.

Resolution amending the fiscal year 2021-2022 multi-year fund budget, amending the allocation of American Rescue Plan Act of 2021 funds from the Department of Housing and Community Development with appropriate revenue and expenditure allocations and authorizing the City Manager, or his designee, to accept the State Emergency Rental Assistance (ERA) 2 funding received on November 23, 2021, in the amount of $60,751, and authorizing the City Manager or his designee, to take the necessary steps to implement the provisions of this resolution.

Approved By:

Jaylen French, Director of Community and Economic Development Joseph P. Lopez, City Manager
#8..
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City of Modesto, January 11, 2022
Upstreaming of the remaining ERAP1 funds to the US Treasury to be reallocated to the State of California with a designation for Modesto residents

Attachments:

1. Resolution – Treasury Department

2. Budget Resolution

3. Budget Resolution State ERA2 Admin

4. Letter for Requesting Excess Funds to Be Voluntarily Reallocated #8..
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1/11/2022/C&ED/JHill 1 2022-

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-
RESOLUTION APPROVING THE “UPSTREAMING” OF THE REMAINING EMERGENCY RENTAL ASSISTANCE PROGRAM (ERAP) 1 FUNDS BACK TO

THE US TREASURY TO BE REALLOCATED TO THE STATE OF

CALIFORNIA WITH A DESIGNATION FOR MODESTO RESIDENTS IN THE AMOUNT OF $2,327,945 AND AUTHORIZING THE CITY MANAGER, OR HIS

DESIGNEE, TO EXECUTE ANY DOCUMENTS RELATED TO THE PURPOSE

OF THIS RESOLUTION
WHEREAS, on December 21, 2020, Congress passed the Consolidated Appropriations Act of 2021 and the Emergency Rental Assistance program made available $25 billion nationwide to assist households that are unable to pay rent and utilities due to the COVID-19 pandemic, and
WHEREAS, the funds are provided directly to States, U.S. Territories, local governments, and Indian tribes and grantees will use the funds to provide assistance to eligible households through existing or newly created rental assistance programs, and WHEREAS, the Stanislaus Emergency Rental Assistance Program opened to the public on Wednesday, February 24, 2021, and
WHEREAS, as of January 4, 2022, the City has paid $3,430,390.85 of ERAP1 Funds on behalf of 475 eligible households, and
WHEREAS, the City ERAP Program including administration we would have expended $4,070,205.95, and
WHEREAS, in August 2021, the Local Program portal was closed, and all new applicants were directed to the State of California COVID-19 Rent Relief Program (State Program), and
WHEREAS, the City has been in close contact and has held weekly check-in meetings with the State Program team since August 2021, and #8..
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1/11/2022/C&ED/JHill 2 2022-
WHEREAS, the City inquired with the State regarding the possibility of an undersubscription and the administration of these funds on the City’s behalf, and WHEREAS, the Federal guidance was released November 15, 2021 with an immediate due date for the City to make a decision to “upstream” the remaining funds back to the US Treasury to be reallocated to the State of California with the designation for City of Modesto residents, and
WHEREAS, as of January 4, 2022, The State has received 2,792 applications which requested $33,496,572 from City of Modesto residents and to date the State have processed 551 applications totaling $4,310,612, and
WHEREAS, staff is requesting any Local Program funds to be immediately be redirected to the State Program to support the $25 million in funding requests.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the “upstreaming” of the remaining funds back to the US Treasury to be reallocated to the State of California with a designation for Modesto residents in the amount of $2,327,945.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute any documents related to the purpose of this resolution, in a form approved by the City Attorney.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 11th day of January 11, 2022 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: ?
#8..
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1/11/2022/C&ED/JHill 3 2022-
NOES: Councilmembers: ?
ABSENT: Councilmembers: ?
ATTEST: ____________________________
DANA SANCHEZ, Interim City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
#8..
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1/11/2022/C&ED/JHill 1 2022-xxxx

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-xxxx
RESOLUTION AMENDING THE FISCAL YEAR 2021-2022 MULTI-YEAR

FUND BUDGET, REDUCING THE ALLOCATION OF CONSOLIDATED
APPROPRIATIONS ACT OF 2021 FUNDS FROM THE US DEPARTMENT OF

TREASURY WITH APPROPRIATE REVENUE AND EXPENDITURE

ALLOCATIONS AND AUTHORIZING THE CITY MANAGER, OR HIS

DESIGNEE, TO RETURN THE FEDERAL EMERGENCY RENTAL
ASSISTANCE (ERA) #1 FUNDING RECEIVED ON JANUARY 25, 2021, IN AN AMOUNT OF $2,327,945, TO THE U.S. TREASURY AND AUTHORIZING THE

CITY MANAGER OR HIS DESIGNEE, TO TAKE THE NECESSARY STEPS TO

IMPLEMENT THE PROVISIONS OF THIS RESOLUTION
WHEREAS, the COVID-19 virus, better known as the novel Coronavirus, is a respiratory virus that has spread across the world and has created a global pandemic by devastating communities and the world economy, and
WHEREAS, to respond to this pandemic, Congress passed the Consolidated Appropriations Act of 2021 into law which provided $25 billion to assist households that are unable to pay rent and utilities due to the COVID-19 pandemic, and WHEREAS, the Consolidated Appropriations Act included direct allocations to California jurisdictions with populations of 200,000 or more, the City of Modesto Program has been directly allocated $6,398,151 to establish an Emergency Rental Assistance Program (Federal ERA #1), and
WHEREAS, these funds will be disbursed to eligible COVID-19 expenditures and meet the Treasury guidelines defined under the Consolidated Appropriations Act and must be expended no later than December 30, 2021, and
WHEREAS, the City had three options for how to administer the emergency rental assistance program: the State can manage both the State and Federal allocation (Option A), the City can manage both the State and Federal allocation (Option B), or the #8..
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1/11/2022/C&ED/JHill 2 2022-xxxx
City can manage a local program with the Federal allocation and the State manage the State program with the State allocation, (Option C), and WHEREAS, the City initially decided to administer the emergency rental assistance program locally, in partnership with Stanislaus County and the Housing Authority, and
WHEREAS, the City of Modesto has been working with Stanislaus Regional Housing Authority to develop a public-private partnership to distribute ERA Program funds to eligible members of the community, and work in partnership with existing housing support programs and resources, and
WHEREAS, Section 501(d) of the Act requires Treasury to recapture excess award funds not obligated by ERA #1 grantees may reallocate such funds beginning on September 30, 2021, and
WHEREAS, grantees may request to voluntarily reallocate some or all of their remaining ERA #1 award funds to another ERA #1 grantee, and WHEREAS, the City of Modesto is designating $2,327,945 to be reallocated to California Department of Housing and Community Development, and WHEREAS, in order to reallocate to California Department of Housing and Community Development, the City must return the Federal ERA #1 funding received on January 25, 2021, in an amount of $2,327,945 to the US Treasury.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto Resolution that it hereby amends the Fiscal Year 2021-2022 Multi-Year Fund Budget, reducing the allocation of Consolidated Appropriation Act of 2021 funds from the US #8..
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1/11/2022/C&ED/JHill 3 2022-xxxx
Treasury as outlined in Exhibit A and approve the reduction of these funds in multi-year operating projects with appropriate revenue and expenditure allocations.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is authorized to return the Federal ERA #1 funding received on January 25, 2021, in an amount of $2,327,945, to the U.S. Treasury.

BE IT FURTHER RESOLVED that authorizing the City Manager, or his designee, to carry out administrative actions or execute any agreements required for the City to carry out the purpose and intent of this Resolution.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 11th day of January, 2022, 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: ________________________________
DANA SANCHEZ, Interim City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
#8..
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1/11/2022/C&ED/JHill 4 2022-xxxx
Exhibit A
#8..
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1/11/2022/C&ED/JHill 1 2022-xxxx

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-xxxx
RESOLUTION AMENDING THE FISCAL YEAR 2021-2022 MULTI-YEAR

FUND BUDGET, AMENDING THE ALLOCATION OF AMERICAN RESCUE PLAN ACT OF 2021 FUNDS FROM THE DEPARTMENT OF HOUSING AND

COMMUNITY DEVELOPMENT WITH APPROPRIATE REVENUE AND

EXPENDITURE ALLOCATIONS AND AUTHORIZING THE CITY MANAGER,

OR HIS DESIGNEE, TO ACCEPT THE STATE EMERGENCY RENTAL
ASSISTANCE (ERA) 2 FUNDING RECEIVED ON NOVEMBER 23, 2021, IN THE AMOUNT OF $60,751, AND AUTHORIZING THE CITY MANAGER OR

HIS DESIGNEE, TO TAKE THE NECESSARY STEPS TO IMPLEMENT THE

PROVISIONS OF THIS RESOLUTION
WHEREAS, the COVID-19 virus, better known as the novel Coronavirus, is a respiratory virus that has spread across the world and has created a global pandemic by devastating communities and the world economy, and
WHEREAS, to respond to this pandemic, the American Rescue Plan Act of 2021 (ARPA) was signed into law which established the federal Emergency Rental Assistance Program (ERA2), and provided funding to assist households that are unable to pay rent and utilities due to the COVID-19 pandemic, and
WHEREAS, California Assembly Bill No. 832 established the State of California’s program for administering its share of ERA2 funds, the City of Modesto Program has been directly allocated $60,751 to administer an Emergency Rental Assistance Program (ERA2), and
WHEREAS, these funds will be utilized in accordance with contract provisions, the American Rescue Plan Act of 2021, HCD Guidelines and guidance from the U.S.

Department of the Treasury for administrative costs of the ERA2 program.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto Resolution that it hereby amends the Fiscal Year 2021-2022 Multi-Year Fund Budget, #8..
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1/11/2022/C&ED/JHill 2 2022-xxxx
amending the allocation of American Rescue Plan Act of 2021 funds from the Department of Housing and Community Development with appropriate revenue and expenditure allocations.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is authorized to accept the State ERA2 funding received on November 23, 2021, in an amount of $60,751.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is authorized to carry out administrative actions or execute any agreements required for the City to carry out the purpose and intent of this Resolution.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 11th day of January, 2022, 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: ________________________________
DANA SANCHEZ, Interim City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
#8..
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OMB Approved No. 1505-0266
Expiration Date: 4/30/2022
1 EMERGENCY RENTAL ASSISTANCE PROGRAM
U.S. DEPARTMENT OF THE TREASURY
Template Letter for Requesting Excess Funds to be Voluntarily Reallocated November 17, 2021
U.S. Treasury Department
Emergency Rental Assistance Program
[email protected]
Dear Treasury,
The undersigned grantee (Grantee) is writing in reference to the Emergency Rental Assistance program (ERA1) under Section 501 of Division N of the Consolidated Appropriations Act, 2021 (the Act), under which the U.S. Department of the Treasury (Treasury) makes payments to eligible grantees to provide financial assistance and housing stability services to eligible households.

Section 501(d) of the Act requires Treasury to recapture excess award funds not obligated by ERA1 grantees and reallocate such funds beginning on September 30, 2021. As provided by Treasury’s ERA 1 Reallocation Guidance (Reallocation Guidance), grantees may request to voluntarily reallocate some or all of their remaining ERA1 award funds to another ERA1 grantee that administers an ERA1 program in the same state, territory, or Tribal area and that has obligated at least 65% of its own ERA1 award by the time of such transfer.

The Grantee hereby requests the reallocation of $2,327,945 (Identified Funds) from its initial ERA1 award. The Grantee requests either a “General Reallocation” or “Designated Reallocation” as follows:

Check one:

General Reallocation: The Grantee requests Treasury to award the Identified Funds to other grantees in accordance with the priorities under the Reallocation Guidance, meaning the Identified Funds will be made available first to one or more grantees operating in the same state, territory, or Tribal area where the funds were initially allocated, but otherwise may be disbursed to another ERA1 grantee.

X Designated Reallocation: The Grantee requests Treasury to award the Identified Funds to California Department of Housing and Community Development (Transferee).* If the Grantee has requested a Designated Reallocation, the Grantee understands and agrees that no reallocated funds will be distributed to the proposed Transferee in excess of the amount *
If the Grantee plans to request voluntary reallocation to multiple grantees, a separate letter in this format should be submitted for each proposed Transferee. The amount inserted in the “Identified Funds” blank should reflect the amount to be reallocated to the Transferee identified in the “Designated Reallocation” box rather than the aggregate total the Grantee intends to reallocate to all proposed Transferees. #8..
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OMB Approved No. 1505-0266
Expiration Date: 4/30/2022
2 identified in the first paragraph of a Request for Reallocated Funds form submitted by the Transferee and approved by Treasury. If Treasury does not approve the Grantee’s requested Transferee, the Grantee understands it will be allowed five business days after notification from Treasury to withdraw this request. The Grantee will provide written notification to Treasury of any such election via e-mail to the address identified above with the subject line “Withdrawal of Voluntary Reallocation Request – [Name of Grantee].” If not withdrawn as described, the Grantee understands and agrees that Treasury will treat this letter as a request for General Reallocation.

Upon approval of this request, the Grantee requests that Treasury notify the Grantee at the e-mail address provided below and provide instructions for returning the Identified Funds. The Grantee acknowledges that the Identified Funds will be designated “excess funds” under the Act and, upon such designation by Treasury, disclaims any further right, title, or interest in such funds.

The Grantee understands that Treasury’s approval of this request and receipt of the Identified Funds will modify the Grantee’s ERA1 award and that the Grantee’s total ERA1 award will be deemed to be reduced by the amount of such voluntary reallocation.

As required by the Reallocation Guidance, the Grantee agrees that it will comply with all requirements applicable to the transfer of federal funds between and among grantees, and acknowledges these requirements prohibit grantees from transferring ERA1 funds directly to another grantee for reallocation purposes. The Grantee further attests that is has complied with the statutes, regulations, policy guidance, and Award Terms governing its ERA1 award, and will use its remaining ERA1 funds, if any, in compliance with all such authorities. For Designated Reallocations, the Grantee understands that Treasury must similarly obtain the Transferee’s agreement to comply with all administrative and operational requirements related to the transfer and use of reallocated ERA1 funds. These requirements may include, without limitation, the provision of any standard form documents needed to confirm a grantee’s data universal numbering system (DUNS) number, deposit account, wire instructions, or other funds transfer information. The Grantee understands and agrees that if the Transferee does not comply with these requirements after approving the Grantee’s request for a Designated Reallocation, Treasury will treat this letter as a request for General Reallocation.

The undersigned authorized representative of the Grantee hereby certifies to Treasury that the information provided above is true and correct and that this request letter does not deviate from the template form published by Treasury for this purpose.

Grantee: City of Modesto
By:

Name: Joseph P. Lopez
Title: City Manager
Grantee’s E-mail:
[email protected]
#8..
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OMB Approved No. 1505-0266
Expiration Date: 4/30/2022
3 PAPERWORK REDUCTION ACT NOTICE
The information collected will be used for the U.S. Government to process requests for support. The estimated burden associated with this collection of information is 1 hour per response. Comments concerning the accuracy of this burden estimate and suggestions for reducing this burden should be directed to the Office of Privacy, Transparency and Records, Department of the Treasury, 1500 Pennsylvania Ave., NW, Washington, D.C. 20220. DO NOT send the form to this address. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid control number assigned by OMB.

PRIVACY ACT STATEMENT
AUTHORITY: Solicitation of this information is authorized by section 501 of division N of the Consolidated Appropriations Act, 2021 (the “Act”)
PURPOSE: The Act requires Treasury to allocate funds to eligible grantees for the delivery of emergency rental assistance to eligible households. Eligible grantees include states, local governments, U.S. territories, Tribes or Tribally Designated Housing Entities (TDHEs), as applicable, and the Department of Hawaiian Home Lands. Treasury maintains contact information for authorized representatives and contact persons of the ERA grantees for the purpose of communicating with ERA grantees regarding the administration of their award under the Act.

ROUTINE USES: The information you furnish may be shared in accordance with the routine uses outlined in the Treasury’s system of records notice, Treasury .017 – Correspondence and Contact Information, which can be found at 81 FR 78266 (Nov. 7, 2016).

DISCLOSURE: Disclosure of this information is voluntary. However, grantees/recipients that do not disclose contact information will be unable to communicate with Treasury on issues related to their obligations under the Act which may affect the status of their award. #8..
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

January 11, 2022
Date: December 23, 2021
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jaylen French, Director of Community & Economic Development SUBJECT: Will Serve Letter and Outside Service Agreement for sewer service for the property located at 1009 Chicago Avenue (APN: 030-018-015) CONTACT: Nathan Bray, Interim City Engineer, [email protected], 209-571-5542 DESCRIPTION:

Consider approving a Will Serve Letter and Outside Service Agreement for sewer service for the property located at 1009 Chicago Avenue (APN: 030-018-015). (Funding Sources:

Sewer Fund, General Fund)
STRATEGIC PLAN ELEMENT:

This action supports the City Council’s 2020-2025 Strategic Plan, Goal D Ensure Safe, Efficient and Reliable Infrastructure
BACKGROUND:

Francisco Aquilar, and Maria R. Aquilar, Trustees of the Francisco and Maria R. Aquilar Trust, own a property located at 1009 Chicago Avenue, which is outside the City Limits, but is within the Modesto Sphere of Influence (SOI). There is an existing structure on the property with a septic tank that has been failing. The developer has submitted an application requesting new sewer connection to serve the existing house.

DISCUSSION:

On May 22, 2012, by Resolution Nos. 2012-202 and 203, Council approved amending City Council Policy 5.001 and 5.002 relating to water and sewer service connections into unincorporated areas. On June 5, 2012, the Council approved final adoption of Ordinance No. 3566-C.S. and 3567-C.S. amending City of Modesto Municipal Code Section 11-1.05.

Both of these amendments included language which required that the City Manager, upon the recommendation of the Director responsible for utility system planning, request City Council approval for all extensions of water services into unincorporated areas.

On November 25, 2014, Council approved Resolution No. 2014-473 amending City Council Policy 5.002. On December 9, 2014, the Council approved adoption of Ordinance No. 3612- C.S. amending City Municipal Code Section 11-1.05. Both of these amendments included language allowing the City Manager, upon the recommendation of the Director responsible for #9..
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City Council, January 11th 2021
Will Serve Letter and Outside Service Agreement for sewer service for the property located at 1009 Chicago Avenue (APN: 030-018-015)

utility system planning, to approve standard agreements of service for extension of sewer services into certain unincorporated areas without Council approval. However, the subject parcel is not located within one of those designated areas and therefore requires Council approval prior to allowing the sewer connection.

Sewer service may be granted to properties outside the City limits, as described in City Council Policy 5.002, if it is determined that it is reasonable for the City to extend sewer service to the property.

Staff conducted an analysis and determined that it is reasonable to extend service to this property. The property owner will enter into agreement with the City as required for sewer service outside the City limits.

FISCAL IMPACT:

There is no direct negative impact the General Fund, the cost of the service provided is offset by application and connection fees. The applicant has paid the following application fees:

1. Will Serve Letter for sewer - $484

2. Outside Service Agreement – Sewer - $211
The above fees were deposited into the General Fund for staff time spent to process both the Will Serve Letter and Outside Service Agreement.

Sewer connection fees will be determined and collected at the time that the County building permit is issued, or a separate sewer permit is issued for the construction of the sewer line to the property.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving a Will Serve Letter and Outside Service Agreement between the City of Modesto and Francisco Aquilar, and Maria R. Aquilar, Trustees of the Francisco and Maria R.

Aquilar Trust, to connect to the City of Modesto’s existing sewer system for the property located at 1009 Chicago Avenue in Modesto (APN: 030-018-015), and authorizing the City Manager, or his designee, to sign the Will Serve Letter and execute the Outside Service Agreement.

Approved by:

Jaylen French, Director of Community & Economic
Development
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Will Serve Letter
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City Council, January 11th 2021
Will Serve Letter and Outside Service Agreement for sewer service for the property located at 1009 Chicago Avenue (APN: 030-018-015)

3. Outside Service Agreement

4. Sewer Map
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-

RESOLUTION APPROVING A WILL SERVE LETTER AND OUTSIDE

SERVICE AGREEMENT BETWEEN THE CITY OF MODESTO AND
FRANCISCO AGUILAR AND MARIA R. AGUILSR, TRUSTEES OF THE FRANCISCO AND MARIA R. AGUILAR TRUST, TO CONNECT TO THE CITY

OF MODESTO EXISTING SEWER SYSTEM FOR THE PROPERTY LOCATED AT 1009 CHICAGO AVENUE (APN: 030-018-015), AND AUTHORIZING THE

CITY MANAGER, OR HIS DESIGNEE, TO SIGN THE WILL SERVE LETTER

AND EXECUTE THE OUTSIDE SERVICE AGREEMENT
WHEREAS, Francisco Aguilar and Maria R. Aguilar Trustees of the Francisco and Maria R. Aguilar Trust located at 1009 Chicago Avenue which is located outside of Modesto City Limits and inside the City’s Sphere of Influence, and WHEREAS, the property located at 1009 Chicago Avenue, is not connected to City’s sewer system and is requesting a sewer connection due to failing Septic Tank, and WHEREAS, on November 25, 2014, City Council approved Resolution No. 2014-473 amending City Council Policy 5.002, and
WHEREAS, on December 9, 2014, City Council approved adoption of Ordinance No.3612-C.S. amending City of Modesto Municipal Code Section 11-1.05, and WHEREAS, both of these amendments included language allowing the City Manager, upon the recommendation of the Director responsible for utility system planning to approve standard agreements of service for extension of sewer services into certain unincorporated areas without City Council approval, and WHEREAS, the property located at 1009 Chicago Avenue is not located within one of those designated areas and therefore requires City Council approval prior to allowing the sewer connection, and
WHEREAS, City staff has completed an analysis and determined that it is reasonable for the City of Modesto to provide sewer service to this property, and #9..
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WHEREAS, consistent with adopted LAFCO policy 15, the extension of sewer service is proposed to remedy a health and safety concerns in an area with a failing Septic Tank, and
WHEREAS, the sewer connection fees shall be paid and associated permits will be obtained prior to connecting to the City sewer system, and WHEREAS, the property owner has executed an Outside Service Agreement for sewer service with the City as required to receive sewer service outside the City limits.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the Will Serve Letter and Outside Service Agreement for sewer service for the property located at 1009 Chicago Avenue (APN: 030-018-015) in Modesto.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to approve the Will Serve Letter and execute the Outside Service Agreement for sewer service.
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The foregoing documents were introduced at a regular meeting of the Council of the City of Modesto held on the 11th day of January 2022, 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: ___________________________
DANA SANCHEZ, Interim City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: _____________________________________
JOSE SANCHEZ, City Attorney
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

January 11, 2022
Date: December 15, 2021
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jaylen French, Director of Community and Economic Development SUBJECT: Memorandum of Understanding between City and Stanislaus Council of Governments for Regional Early Action Plan funding
CONTACT: Brad Wall, MPA, Principal Planner, [email protected], 209-577-5273 DESCRIPTION:

Consider approving a Memorandum of Understanding (MOU) with Stanislaus Council of Governments for suballocation of Regional Early Action Planning grant program funds, and amending Fiscal Year 2021-22 Non-Capital project #100838 – Modesto General Plan Update in the amount of $161,956 to fund certain housing-related work associated with the comprehensive General Plan update. (Funding Source: State of California Regional Early Action Planning (REAP) Grant Funds through Stanislaus Council of Governments) STRATEGIC PLAN ELEMENT:

The Comprehensive General Plan Update project supports and promotes Strategic Plan Goal E, “Drive Economic Vitality.” Strategy 1 under Goal E is: Update the General Plan consistent with city vision. REAP funding will be critical to the Comprehensive General Plan Update project.

BACKGROUND:

The State of California Department of Housing and Community Development (HCD) issued a Notice of Funding Availability (NOFA) for the Regional Early Action Planning (REAP) Grant Program on February 27, 2020. The REAP Grant Program is intended to fund Housing Element updates and any other eligible housing-related planning activities. Eligible applicants under the grant program include Councils of Governments (COG), who can suballocate grant awards to local agencies.

The total REAP funding amount to be suballocated to Modesto from the Stanislaus Council of Governments (StanCOG) is $577,284. The Committee Recommendation, below, includes a description of prior actions regarding application of REAP funding.

DISCUSSION:

The State of California is allocating the total REAP funding in phases or stages, and the initial grant award is to be suballocated by StanCOG in a series of funding packages. The first and third of three funding packages are the subject of the current MOU. The total amount to be #10..
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City Council, January 11, 2022
Memorandum of Understanding with Stanislaus Council of Governments for Regional Early Action Planning grant funding

suballocated to Modesto in the first funding package is $161,956, and the remaining amount ($415,328) from the $577,284 total REAP funding amount will be suballocated in the third funding package via an amendment to this MOU. No suballocation to local agencies will occur with the second funding package as this package is for regional planning efforts. The attached MOU describes details associated with REAP grant funding suballocation for package one. A subsequent MOU amendment will be forthcoming for the 3rd package of funding—the remaining $415,328.

FISCAL IMPACT:

The Regional Early Action Planning (REAP) grant revenue and eligible expenditures will be housed in Project 100838 – Modesto General Plan Update. There is no impact to the City’s General Fund associated with this effort. City staff will invoice StanCOG consistent with the applicable provisions of the MOU, in order to be reimbursed for housing-related project work up to the $161,956 grant amount (first package of funding).

COMMITTEE RECOMMENDATION:

The Economic Development Committee (EDC) considered a recommendation for funding the comprehensive General Plan Update (GPU) on June 7, 2021. The EDC voted 3-0 to recommend that the City Council direct staff to proceed with the GPU, and apply funding for the project that includes the REAP funding that is the subject of this MOU. Council approved the item on July 7, 2021.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving a Memorandum of Understanding with Stanislaus Council of Governments for suballocation of Regional Early Action Planning Grant Program funds; and authorizing the City Manager, or his designee to sign the Memorandum of Understanding.

Resolution amending Fiscal Year 2021-22 Non-Capital project #100838 – Modesto General Plan Update in the amount of $161,956 to recognize the Regional Early Action Planning (REAP) grant and fund certain housing-related work associated with the comprehensive General Plan update; and authorizing the City Manager, or his designee, to implement the provisions of this resolution.

Approved by:

Jaylen French,
Director of Community and Economic Development
Joseph P. Lopez, City Manager
Attachments:

1. Resolution for MOU

2. Resolution for Budget Adjustment

3. Exhibit A: MOU between City of Modesto and StanCOG with attachments #10..
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1/11/2022/CED/BWall 1 2022-

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-

RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING WITH

STANISLAUS COUNCIL OF GOVERNMENTS FOR SUBALLOCATION OF
REGIONAL EARLY ACTION PLANNING GRANT PROGRAM FUNDS; AND

AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SIGN THE

MEMORANDUM OF UNDERSTANDING
WHEREAS, the Stanislaus Council of Governments (StanCOG) is the Metropolitan Planning Organization (MPO) for the Stanislaus Region, pursuant to State and Federal designation; and
WHEREAS, on February 27, 2020, the State of California Department of Housing and Community Development (HCD) released a Notice of Funding Availability (NOFA) for the Regional Early Action Planning Grant Program (REAP) to councils of governments and other regional entities with said funds to be released in three packages of funding; and
WHEREAS, on August 14, 2020, HCD approved an initial allocation of $10,218,831 in REAP grant funding to the San Joaquin Valley MPOs; and WHEREAS, StanCOG has calculated the City of Modesto’s total suballocation of the San Joaquin Valley MPOs initial allocation to be $161,956 of the City’s grand total $577,284 REAP suballocation; and
WHEREAS, StanCOG has prepared a Memorandum of Understanding (MOU) to document the process whereby the City of Modesto will be reimbursed for eligible grantfunded housing-related work on the comprehensive General Plan update project; and WHEREAS, StanCOG and the City of Modesto will amend the MOU or enter into a subsequent MOU to address the City’s remaining REAP funding suballocation; and #10..
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WHEREAS, the proposed MOU between City of Modesto and StanCOG to document the REAP Grant Program funding suballocation and payment-reimbursement process details is Exhibit “A”, attached hereto and incorporated by reference.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves a Memorandum of Understanding with Stanislaus Council of Governments for suballocation of Regional Early Action Planning Grant Program funds.

BE IT FURTHER RESOLVED, that the City Manager, or his designee is hereby authorized to sign the Memorandum of Understanding.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 11th day of January, 2022, 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: ____________________________
DANA SANCHEZ, Interim City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: __________________________________________
JOSE M. SANCHEZ, City Attorney
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EXHIBIT “A”
MOU Between City of Modesto and StanCOG
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-
RESOLUTION AMENDING FISCAL YEAR 2021-22 NON-CAPITAL PROJECT 100838 – MODESTO GENERAL PLAN UPDATE IN THE AMOUNT OF $161,956

TO RECOGNIZE THE REGIONAL EARLY ACTION PLANNING (REAP)

GRANT AND FUND CERTAIN HOUSING-RELATED WORK ASSOCIATED
WITH THE COMPREHENSIVE GENERAL PLAN UPDATE; AND

AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO IMPLEMENT

THE PROVISIONS OF THIS RESOLUTION
WHEREAS, the State of California Department of Housing and Community Development issued a Notice of Funding Availability for the Regional Early Action Planning (REAP) Grant Program on February 27, 2020; and WHEREAS, the total REAP funding amount to be sub allocated to Modesto is $577,283.67; and
WHEREAS, the initial grant award is to be sub allocated by Stanislaus Council of Governments (StanCOG) in a series of funding packages and the first and third of three funding packages are the subject of the current Memorandum of Understanding; and WHEREAS, the total amount to be sub allocated to Modesto in these two funding packages is $161,955.53 for certain housing-related work associated with the comprehensive General Plan Update; and
WHEREAS, the Fiscal Year 2021-22 Non-Capital Project 100838 – Modesto General Plan Update Budget must be increased by $161,956 to recognize grant revenue and increase expenditures.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the amendment of the Fiscal Year 2021-22 Non-Capital project Budget for Project 100858 – Modesto General Plan Update in the amount of $161,956 to #10..
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recognize the Regional Early Action Planning (REAP) grant and fund certain housingrelated work associated with the comprehensive General Plan update.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to implement the provisions of this resolution.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 11th day of January, 2022, 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: _____________________________
DANA SANCHEZ, Interim City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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MEMORANDUM OF UNDERSTANDING
between
STANISLAUS COUNCIL OF GOVERNMENTS (StanCOG),
and

CITY OF MODESTO
FOR

SUBALLOCATION OF REGIONAL EARLY ACTION PLANNING (REAP) FUNDS This Memorandum of Understanding (“MOU”) is dated ,2022, for reference purposes, by and between the Stanislaus Council of Governments, a joint powers authority established under California Government Code section 6500 et seq., (hereinafter “StanCOG”) and the City of Modesto (hereinafter “Sub-Recipient”) for suballocation of Regional EarlyAction Planning (REAP) grant funds. StanCOG and the Sub-Recipient are individually referred to herein as “Party” and may be collectively referred to herein as “Parties”.

RECITALS
A. WHEREAS, the Stanislaus Council of Governments (StanCOG) is the Regional Transportation Planning Agency (RTPA) and Metropolitan Planning Organization (MPO) for the Stanislaus region, pursuant to State and Federal designation; and B. WHEREAS, pursuant to California Health and Safety Code section 50515.02, the State of California Department of Housing and Community Development (“HCD”) made available $125,000,000 in local government planning support grants to regional entities and working groups as outlined by the statute; and
C. WHEREAS, HCD released a Notice of Funding Availability (“NOFA”) for $118,750,000 for the Regional Early Action Planning Grant Program (REAP) to councils of governments and other regional entities with said funds to be released in three packages of funding; and
D. WHEREAS, pursuant to section 50515.02 of the Health and Safety Code, a San Joaquin Valley Multi Agency Working Group was formed in accordance with subdivision (c), consisting of the Fresno Council of Governments, the Kern Council of Governments, the Kings County Association of Governments, the Madera County Transportation Commission, the Merced County Association of Governments, the San Joaquin Council of Governments, the Stanislaus Council of Governments, and the Tulare County Association of Governments, #10..
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representing the Counties of Fresno, Kern, Kings, Madera, Merced, San Joaquin, Stanislaus, and Tulare (the “SJV Working Group”); and
E. WHEREAS, HCD is authorized to provide up to $18,975,000 of REAP grant funds to the members of the SJV Working Group; and F. WHEREAS, on August 14, 2020, HCD approved an allocation of $10,218,830.75 in grant funds (the “Initial Grant”) to the members of the SJV Working Group; and
G. WHEREAS, a portion of the Initial Grant is available to the members of the SJV Working Group and the majority of the REAP Funds will be allocated to the local jurisdictions to help comply with Regional Housing Needs Allocation (“RHNA”) numbers that are developed to update the housing element of the local jurisdictions as well as other planning activities that would increase housing production; and
H. WHEREAS, the Initial Grant will be distributed in three separate funding packages and StanCOG is expected to receive approximately Four Hundred Fifteen Thousand Dollars and 0/100 Cents ($415,000) and One Million, Sixty Five Thousand Dollars and 0/100 Cents ($1,065,000), as part of the first and third funding packages respectively, for a total of approximately One Million, Four Hundred Eighty Thousand Dollars and 0/100 Cents ($1,480,000) to be distributed to the local agencies; and I. WHEREAS, on March 17, 2021, the StanCOG Policy Board approved by Resolution 20-27, the Regional Early Action Planning (REAP) Suballocation Methodology of funding by percent of population adjusted for a minimum funding floor of Thirty-Five Thousand ($35,000), effectively suballocating approximately One Million, Four Hundred Eighty Thousand, Ninety-Seven Dollars and 57/100 Cents ($1,480,097.57) of the REAP grant funds (“Grant Funds”) to StanCOG’s local member agencies for funding their planning activities that will accelerate housing production and facilitate compliance in implementing the sixth cycle of RHNA; and
J. WHEREAS, the City of Modesto is to be suballocated One Hundred Sixty One Thousand, Nine Hundred Fifty-Five Dollars and 53/100 Cents ($161,955.53) through the REAP Grant Funds as part of the first and third funding packages; and K. WHEREAS, HCD will release the third funding package to the SJV Working Group when it has been demonstrated, to HCD’s satisfaction, with proper invoicing and tracking results, that the local agencies have conducted activities to advance housing-related planning activities and have properly spent funds of the first funding package; and L. WHEREAS, the Parties will amend this MOU or enter into a subsequent MOU to address the third funding package released by HCD; and M. WHEREAS, StanCOG and its participating local member agencies (subrecipients) shall only use their funds to conduct housing-related planning activities that are eligible according to HCD's requirements, and will advance their housing element update in #10..
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compliance with the sixth cycle of RHNA; and
N.

O. WHEREAS, technical assistance for Sub-Recipients conducting their housingrelated planning activities will be provided by StanCOG, or other members of the SJV Working Group through the Valleywide Consultant bench; and
P. WHEREAS, the Sub-Recipient’s selected project manager, in coordination with StanCOG’s selected project manager, will ensure the Scope of Work is performed by the SubRecipient; and Q. WHEREAS, the conditions described in this MOU will begin on the Effective Date and shall be completed by June 30, 2023.

NOW THEREFORE, in consideration of the mutual promises, covenants, terms and condition hereinafter contained, the Parties hereto agree as follows:

AGREEMENT

1. Recitals
The recitals above are hereby incorporated in this Memorandum of Understanding as if fully set forth herein.

2. Compliance with Laws:

Sub-Recipient must comply with all applicable Federal, State, local laws, codes, ordinances and regulations. Sub-Recipient must specifically comply with the provisions of California Health and Safety Code Sections 50515 et seq., outlined by California’s Department of Housing and Community Development 2020 Notice of Funding Availability (NOFA) for REAP. Further, Sub-Recipient will require the appropriate debarment certification form from all contractors and Sub-Recipient certifies that it will not knowingly enter into any transaction with a contractor, subcontractor, material supplier, or vendor who is debarred, suspended, declared ineligible, or voluntarily excluded from covered transactions by any Federal or State agency.

3. Scope of Work
Sub-Recipient shall conduct the scope of work described in Exhibit “A”, “Scope of Work.” Sub-Recipient will not be compensated for activities outside the Scope of Work outlined in Exhibit “A”, unless otherwise mutually agreed upon in writing by the Parties.

4. Maximum Contract Amount
The amount to be paid to Sub-Recipient under this MOU will not exceed One Hundred Sixty One Thousand, Nine Hundred Fifty-Five Dollars and 53/100 Cents ($161,955.53), which amount represents Sub-Recipient’s allocation under HCD’s first funding package, unless agreed upon in advance by the Parties pursuant to a written amendment signed by the authorized signer for each party. In no instance will StanCOG be liable for any payments or costs for work in excess of this amount, nor for any unauthorized or ineligible costs.

Invoices and Progress Reports
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A. Not less frequently than quarterly, Sub-Recipient will provide StanCOG with both a written report on the progress made on the Scope of Work (Exhibit “A”) and an invoice for reimbursement. Invoices shall, at a minimum, be for the periods ending March, June, September and December of each fiscal year. Invoices for work completed through June 30 of a fiscal year must be submitted by July 30. Sub-Recipient shall submit written invoices by e-mail to StanCOG at [email protected]. Sub-Recipient shall also provide to StanCOG a copy of its annual progress report that is submitted to HCD annually in April. Sub- Recipient’s failure to comply with any of the reporting requirements in this MOU may impact the ability to receive future REAP Grant Funds.

B. Payments to Sub-Recipient hereunder will be made in arrears. Sub-Recipient shall be paid within thirty (30) days following the receipt and approval of each invoice by StanCOG. Sub-Recipient will submit a detailed and properly documented invoice on its letterhead for reimbursement which invoice will include the following: (i) a description of the work performed, (ii) name of Sub-Recipient and Consultant personnel performing the work; (iii) a detailed accounting of costs incurred, and (iii) evidence that Sub-Recipient has already incurred costs for the Project. Attached as Exhibit “B” is StanCOG’s matrix of required supporting documentation for Sub-Recipient’s invoices. Invoices for expenditures incurred prior to the Effective Date will not be reimbursed.

C. Sub-Recipient shall submit narrative reports indicating percentage of completion with each set of invoices to allow StanCOG’s Project Manager to determine if Sub-Recipient is performing to expectations, is on schedule, is within funding limitations, as well as to communicate interim findings, and to afford occasions for airing difficulties respecting special problems encountered so that remedies can be developed. Attached as Exhibit “C” is StanCOG’s Quarterly Reporting Form.

D. If the Sub-Recipient is seeking reimbursement for indirect costs, they must annually submit an Indirect Cost Allocation Plan (ICAP) or an Indirect Cost Rate Proposal (ICRP) to its cognizant agency for indirect costs in accordance with Title 2 Code of Federal Regulations Part 200 (2 CFR 200) Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The cognizant agency for indirect costs means the agency responsible for reviewing, negotiating, and approving indirect cost allocation plans and indirect cost proposals. The Sub-Recipient must include their estimated indirect cost rate in the project application and provide a copy of the acceptance letter from their cognizant agency for the approved ICAP or ICRP for the current fiscal year. Indirect costs may be sought for reimbursement only after the Sub-Recipient has received ICAP/ICRP approval from its cognizant agency.

E. Sub-Recipient will be notified within ten (10) business days following receipt of its invoice by StanCOG of any circumstances or data identified by StanCOG in Sub-Recipient’s invoice that would cause withholding of approval and subsequent payment. If StanCOG disputes any portion of a request for payment, StanCOG shall pay the undisputed portion of such request as herein provided and shall promptly notify Sub-Recipient of the amount in dispute and the reason therefore.

F. Sub-Recipient will require its Consultants pay any subconsultants for satisfactorily completed work no later than thirty (30) days of receipt of each payment from the #10..
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Sub-Recipient, unless a longer period is agreed to in writing.

G. Any costs for which the Sub-recipient receives reimbursement under this MOU that is determined by a subsequent audit or other review by either StanCOG, HCD or other State of California authorities to be ineligible or otherwise unallowable, are to be repaid by the SubRecipient within thirty (30) calendar days of the Sub-Recipient receiving notice of audit findings and penalties or related fees, as determined by HCD or other State authorities (Health and Safety Code section 50515.04(e)). Should the Sub-Recipient fail to reimburse unallowable costs to StanCOG within thirty (30) calendar days of demand, or within such other period as may be agreed between both parties hereto, StanCOG is authorized to withhold future payments due to the Sub-Recipient.

5. Term/Timeline
The term of this MOU shall begin on the “Effective Date” of this MOU which shall be the last date of execution by the parties hereto. All work identified in the Scope of Work must be completed by June 30, 2023, unless terminated earlier as provide herein. No extensions will be granted.

6. Allowable Uses of Grant Funds
A. StanCOG shall not award funds unless it is determined that the Grant Funds for the Sub-Recipient shall be expended in compliance with the 2020 Notice of Funding Availability (NOFA) for the REAP Grant Program pursuant to Division 31, Part 2, Chapter 3.1 of Health and Safety Code, Sections 50515 et seq.

B. Grant Funds shall only be used by Sub-Recipient for housing planning activities approved by StanCOG that are in accordance with the NOFA published by California Department of Housing and Community Development (HCD).

C. Grant Funds may not be used for administrative or staffing costs of persons employed by the Sub-Recipient for activities not related to the eligible housing planning activities, nor may these funds be used for consultants employed by Sub-Recipient for activities that are not related to the eligible housing planning activities.

D. Sub-Recipient shall use no more than three percent (3%) of its total Grant Funds or Two Thousand Five Hundred Dollars ($2,500.00), whichever is greater, for administrative costs and purposes related to eligible activities. For purposes of this MOU, administrative costs are defined as: preparing invoices and supporting documentation; preparing quarterly progress 5 | P a g e
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reports; and participating in project management meetings. Additional funds may be used from other sources solely contributed by the Sub-Recipient to support the Sub-Recipient’s administration of the eligible housing planning activities.

7. Accounting, Audit, Retention and Inspection of Records A. Sub-Recipient, its staff, contractors and subcontractors shall establish and maintain an accounting system and reports that properly accumulate incurred project costs by line.

The accounting system shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment voucher or invoices.

B. Sub-Recipient shall establish a separate ledger account for receipts and expenditure of the Grant Funds and maintain expenditure details in accordance with the Scope of Work, project Schedule and budget.

C. Sub-Recipient shall maintain documentation of its normal procurement policy and competitive bid process (including the use of sole source purchasing), and financial records of expenditures incurred during the course of conducting eligible housing planning activities in accordance with GAAP.

D. Sub-Recipient agrees that StanCOG, HCD and the State of California or their designated representative(s) shall have the right to review, obtain, copy and audit all books, records, accounts, documentation and any other materials, collectively “Records”, pertaining to the performance of this MOU.

E. Sub-Recipient agrees to provide StanCOG or its designee, HCD, or any other State or Federal agency, with any relevant information requested related to the performance of this MOU and will permit StanCOG or its designees access to its premises, upon reasonable notice, during normal business hours, for the purpose of interviewing employees and inspecting and copying such Records for the purpose of determining compliance with any applicable Federal and State laws and regulations.

F. Sub-Recipient agrees to maintain Records for a period of three (3) years after final payment under the MOU or three (3) years from the conclusion or resolution of any and all audits or litigation relevant to this MOU and any amendments, whichever is later. If any litigation, claim, negotiation, audit, monitoring, inspection or other action has been started before the expiration of the three (3) years after final payment under this MOU, all records must be retained by the Sub-Recipient, its contractors and subcontractors until completion of the action and resolution of all issues which arise from it. Records related to any and all audits or litigation relevant to this Agreement shall be retained for five (5) years after the conclusion or resolution of #10..
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the matter. StanCOG and HCD shall have the right to audit Sub-Recipient Records and interview employees.

G. If requested by StanCOG upon expiration of this MOU, Sub-Recipient will deliver all Records relevant to the Scope of Work to be delivered to StanCOG as a depository.

8. Project Manager/Staffing
A. The Project Managers for the Parties are identified below. Sub-Recipient may not substitute its Project Manager without prior written agreement by StanCOG, which agreement will not be unreasonably withheld. With the exception of notice of termination sent pursuant to Section 13, any notice, report or other communication required by this MOU will be mailed by first-class mail or e-mailed with confirmation of receipt to the respective Project Manager at the addresses identified below.

B. During the term of this MOU, the representative project managers for StanCOG and Sub-Recipient will be:

StanCOG Sub-Recipient
Isael Ojeda
Senior Planner
Brad Wall, MPA
Principal Planner
Stanislaus Council of Governments
1111 I Street, Suite 308
Modesto, CA 95354
Telephone: (209) 525-4632
Email: [email protected]
City of Modesto
Community & Economic Development
Department
1010 Tenth Street, Suite 3300
Modesto, CA 95353
Telephone: (209) 577-5273

9. Subsequent MOUs
Sub-Recipient understands and agrees that subsequent MOUs may be necessary to facilitate the distribution of further grant funding from HCD under Division 31, Part 2, Chapter

3.1, section 50515 et seq. of the Health and Safety Code. The Sub-Recipient hereby commits to negotiate the terms and conditions of such subsequent MOUs in good faith, in order to achieve concurrence and ensure execution of same in a timely fashion.

10. Disputes
A. In the event of a dispute among the Parties concerning a question of fact arising under this MOU that is not disposed of by agreement, which involves a decision by HCD’s Housing Policy Development Manager (or the Manager’s designee) who may consider any written or verbal evidence submitted by StanCOG, the decisions of HCD shall be final and not subject to further appeal pursuant to Health and Safety Code Section 50515.04(g). StanCOG shall include in such submittal to HCD any written or verbal evidence submitted to StanCOG by #10..
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the Sub-Recipient as part of this process. Neither the pendency of a dispute nor its consideration by HCD will excuse the Parties from full and timely performance in accordance with the terms of this MOU.

B. For other disputes and except as otherwise provided in this MOU, if a dispute arises between the Parties to this MOU, the Parties hereto agree to use the following procedure to resolve such dispute, prior to pursuing other legal remedies:
i. A meeting shall be held promptly between the Parties that will be attended by the Sub-Recipient’s Project Manager and StanCOG’s Project Manager as well as individuals with decision-making authority (to the extent reasonably possible), who will attempt in good faith to negotiate a resolution of the dispute.

C. If the Parties are unsuccessful in resolving the dispute under B.i., above, they may:
ii. Agree to submit the matter to mediation, binding judicial reference, or a private adjudicator (if all Parties so agree); or
iii. Initiate litigation following advance written notice to the other Party of not less than thirty (30) days.

D. If any Party should bring a legal action against the other to enforce the terms of this MOU, the prevailing Party shall be entitled to recover reasonable attorneys’ fees and costs, as determined by a court of competent jurisdiction in said proceeding.

11. Termination
A. Either Party may terminate this MOU for any reason at any time upon thirty (30) days written notice. The notice for early termination may permit the Sub-Recipient or StanCOG to rectify any deficiency(ies) prior to the early termination date. The Sub-Recipient will submit any requested documents to StanCOG within twenty (20) days of the early termination notice.

B. If either party issues a notice of termination, StanCOG will reimburse SubRecipient for work actually performed up to the effective date of the notice of termination less any compensation to StanCOG for damages suffered as a result of Sub-Recipient’s failure to comply with the terms of this MOU.

C. Sub-Recipient will have the right to terminate this MOU in the event StanCOG is unable to make required payments, including, without limitation, a failure of HCD to appropriate funds. In such event, Sub-Recipient will provide StanCOG with ten (10) days written notice of termination. StanCOG will make payment to Sub-Recipient through the date of termination. #10..
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12. Notices
A. Any notice(s) required pursuant to this MOU shall be made in writing by handdelivery, facsimile, first-class mail (registered or certified, return receipt requested), overnight courier service, or by electronic mail if the Party to be provided notice has provided its email address to the other Party. Notices of changes or amendments to this MOU, disputes, or court action must be served pursuant to non-electronic means provided for in this section.

B. All notices shall be deemed given and effective on the earliest of: (a) the date of transmission if such notice or communication is delivered via facsimile or electronic mail prior to 5:00 p.m. PST on a business day; (b) the next business day if such notice or communication is delivered via facsimile or electronic mail later than 5:00 p.m. PST on a business day; (c) the third business day following the date of mailing if sent by U.S. mail, nationally recognized courier service; or (d) upon actual receipt by the party to whom such notice is personally given.

C. Notices may be provided at the following addresses below. Each Party reserves the right to change its address for purposes of notice by providing written notice to the other Party.

To StanCOG: Stanislaus Council of Governments
1111 I Street, Suite 308
Modesto, CA 95354
Attention: Isael Ojeda
Telephone: (209) 525-4600
Facsimile: (209) 558-7833
Email: [email protected]
To Sub-Recipient: City of Modesto
1010 Tenth Street, Suite 3300
Modesto, CA 95353
Attention: Director of Community and Economic Development Telephone: (209) 577-5273

13. Amendments.

This MOU may be modified, amended, changed, added to, or subtracted from, by the mutual consent of the parties hereto, if such amendment or change is in written form and executed with the same formalities as this MOU and attached to the original MOU to maintain continuity.

14. Insurance
A. Sub-Recipient shall, at its own expense, procure and maintain in effect at all times 9 | P a g e
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during this MOU, insurance coverage provided by a California admitted insurer licensed to transact business in California, as least as broad as hereinafter provided, including insurance coverage against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the services set forth in Exhibit “A” of this MOU by the SubRecipient or Sub-Recipient’s agents, representatives, employees, or subcontractors as follows:
i. General Liability.

Comprehensive general liability insurance covering bodily injury, personal injury, property damage, products and completed operations with limits of no less than ONE MILLION DOLLARS ($1,000,000). If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to any act by Sub-Recipient under this MOU or the general aggregate limit shall be twice the required occurrence limit.
ii. Automobile Liability Insurance.

If the Sub-Recipient or the Sub-Recipient’s officers, employees, agents, representatives or subcontractors utilize a motor vehicle in performing any of the work or services under this MOU, owned/non-owned automobile liability insurance providing combined single limits covering bodily injury damage with limits of no less than ONE MILLION DOLLARS
($1,000,000) per incident or occurrence, and providing property damage liability of no less than TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000) per incident or occurrence.
iii. Workers’ Compensation Insurance.

Workers’ Compensation Insurance as required by the California Labor Code. In signing this MOU, the Sub-Recipient certifies under section 1861 of the California Labor Code that Sub-Recipient is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake selfinsurance in accordance with the provisions of that code, and that the SubRecipient will comply with such provisions before commencing the performance of the work of this MOU, as necessary.
iv. Professional Errors and Omissions Insurance with coverage limits of not less than One Million Dollars ($1,000,000.00).

B. Deductibles, Self-Insured Retentions, Named Insured. Any deductibles, selfinsured retentions, or name insureds must be declared in writing and approved by StanCOG.

C. Waiver of Subrogation, Additional Insured. The insurance policies are to contain, or be endorsed to contain, the following provisions:
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i. General Liability and Automobile Liability Coverages.

Endorsement providing that the Sub-Recipient’s insurance shall waive all rights of subrogation against StanCOG’s insurers and StanCOG; or the Sub-Recipients’s insurance shall list StanCOG as additional insureds under the insurance policy.
ii. Worker’s Compensation Coverages.

Endorsements providing that the Sub-Recipient’s insurance shall waive all rights of subrogation against StanCOG’s insurers and StanCOG.

D. Other Insurance provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:
i. General Liability and Automobile Liability Coverages.

Endorsements providing that such insurance is the primary insurance and no insurance of StanCOG will be called upon to contribute to a loss.

The Sub-Recipient’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
ii. All Coverage.

Each insurance policy required by this paragraph shall not be altered, suspended, voided, or canceled by either party, or reduced in coverage or in limits except after thirty (30) calendar days’ prior written notice by certified mail, return receipt requested, has been given to StanCOG.

Any failure of Sub-Recipient to comply with reporting provisions of the policies shall not affect coverage provided to StanCOG or StanCOG’s board members, officers, employees, or volunteers.

E. Verification of Coverage. Prior to performing any term or condition of the MOU, Sub-Recipient shall furnish StanCOG with evidence of insurance effecting coverage required by this section.

F. Subcontractors. All insurance coverage for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein.

15. Indemnification
Except for the active negligence or willful misconduct of StanCOG and any of its directors, officers, agents, employees, assigns, and successors in interest, the Sub-Recipient undertakes and agrees to defend, indemnify, and hold harmless StanCOG and any of its directors, officers, agents, employees, assigns, and successors in interest from and against all suits and causes of action, claims, losses, demands and expenses, including, but not limited to, attorney's fees and cost of litigation, #10..
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damage or liability of any nature whatsoever, for death or injury to any person, including StanCOG’s employees and agents, or damage or destruction of any property of either party hereto or of third parties, arising in any manner by reason of the acts, errors or omissions or violations of law by the Sub-Recipient, employees and agents in connection with its activities in pursuing the Project or under this MOU. The Sub-Recipient further agrees to require its Consultant(s) to provide indemnification for StanCOG to the same extent as the Sub-Recipient, in the contract(s) between the Sub-Recipient and its Consultant for work related to this MOU.

16. Independent Contractor, No Joint Venture
The Sub-Recipient and its Consultant(s), officers, employees and agents shall be independent contractors in the performance of this MOU, and not officers, employees, contractors or agents of StanCOG.

17. Assignment
Neither Party shall assign this MOU, or any part thereof, without the written consent of each Party to this MOU, which consent will not be unreasonable withheld. Any assignment without such written consent shall be void and unenforceable.

18. Successors
This MOU shall bind and benefit the parties hereto and their heirs, successors and permitted assigns.

19. Entire Agreement
This MOU contains the entire agreement of the parties and no representations, inducements, promises, or agreements otherwise between the parties not embodied herein or incorporated herein by reference shall be of any force or effect. Further, no term or provision hereof may be changed, waived, discharged or terminated unless the same is in writing executed by the parties. Sub-Recipient and StanCOG represent that in entering this MOU, they have not relied on any previous representations, inducements, or understandings of any kind or nature.

20. Severability
If any portion of this MOU or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction or if it is found in contravention of any Federal, State or local statutes, ordinance, or regulations, the remaining provisions of this MOU or application thereof shall not be invalidated thereby and shall remain in full force and effect to the extent that the provisions of this MOU are severable.
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21. Governing Law
All questions pertaining to the validity and interpretation of this MOU shall be determined in accordance with the laws of the State of California applicable to agreements made and to be performed within the State. Any dispute not resolved by informal means between the parties to this MOU may be adjudicated in a court of law under the laws of the State of California.

22. Waiver of Default
Waiver of any default by either party to this MOU shall not be deemed a waiver of any subsequent default. Waiver or breach of any provision of this MOU shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this MOU unless modified pursuant to the terms of this MOU.

23. Counterparts and Electronic Signatures
A. This MOU may be executed in one or more counterparts, each of which shall be deemed an original and all of which taken together shall constitute one and the same instrument.

B. Each Party agrees that this MOU and any other documents to be delivered in connection herewith may be electronically signed, and that any electronic signatures appearing on this MOU or such other documents are the same as handwritten signatures for purposes of validity, enforceability and admissibility.

24. Authority
The Sub-Recipient warrants and certifies that it possesses the legal authority to execute this MOU and to undertake administration of the proposed Project, and that a resolution, motion, or similar action has been fully adopted or passed, as an official act of the Sub-Recipient’s governing body.
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Exhibit A: Scope of Work
Project Description
Local Agency: City of Modesto
Project/Activity Name: Comprehensive General Plan Update Project Location: Modesto
Project Housing Nexus:

Check all that apply.

X Reduce Time
X Reduce Development
Costs
X Infrastructure Capacity
X Impact on housing supply and/or affordability
X Increase approval certainty and/or streamline
entitlements
X Other: Incorporate Pro-Housing Polices into General
Plan
Project Goal Statement:
(Describe the impacts of your project on the acceleration of housing production.) The policy framework described under Project Description, below, will streamline and accelerate housing production through implementation of the new General Plan, such as related zoning code amendments that will translate the policies into actionable and implementable standards that would otherwise not exist. It is also important to note that the Environmental Justice element will also specifically promote and facilitate the production of more affordable housing units than would otherwise occur.

Project Description:
(Include a high-level summary of your project.)
The comprehensive General Plan update will add new goals, policy language and graphics that will encourage and facilitate accelerated production of housing. Topical policy content related to neighborhoods, transportation, infrastructure and utilities, mixed-use corridors, and parks / recreation – plus a revised implementation framework – will be developed. The environmental impact report prepared for the project will also serve to streamline and accelerate production of new housing units by establishing the CEQA documentation for at least a portion of the overall entitlement process at the project level.
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Implementation:
(Summarize plans for adoption or implementation or next steps. If the project is one component of a larger effort, such as a study that will support fee reductions, please specify how this project fits into the larger housing effort.)
Simplified zoning processes and streamlined environmental review, as described above, are two examples of implementation mechanisms that will facilitate increased housing production. In addition, the General Plan update is expected to reduce or eliminate certain existing process requirements that are related to entitlement and annexation of new growth (“greenfield”) areas, thereby reducing both associated costs and timeframes. Finally, the new EIR will facilitate streamlined CEQA review for residential infill development projects. #10..
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Exhibit A: Scope of Work
Project Tasks, Deliverables, Timeline and Budget Tracking Tas
k #
Detailed Description of
Tasks /
Milestones
Task
Timeline (in
months and
year)
Deliverable(s) including
delivery date
Total
Budget
REAP
Funding
Other
Funds
(include
source)
1 Describe Task 1. Progress report and
invoicing (quarterly)

2. Copy of Annual Progress
Report submitted to HCD
(annually in April)

3. Summary of potential
housing units impacted by
project (final deliverable
upon project completion)
A Public Engagement 8-12 months Summary of public workshops / events / input, including copy of
notes, activities and documents, as
applicable (June 2022)
$500,000 $177,284 $322,716
(City General
Fund)
B Prepare draft General Plan update 12-16 months Draft General Plan update as described on previous page (June
2023)
$900,000 $300,000 $600,000
(City General
Fund)
C Prepare draft EIR 12 months Draft EIR as described on previous page (December 2023)
$300,000 $100,000 $200,000
(City General
Fund)
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Exhibit B: Sample Invoice Report Form
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Exhibit C: Quarterly Reporting Form
Stanislaus Council of Governments (StanCOG)
REAP Suballocation MOU Quarterly Report
Regional
Entity
Local Agency Activity Name
StanCOG [Insert name]
California Health and Safety Code Sections 50515 to 50515.05, established for the purpose of providing regions and jurisdictions with funding for housing planning activities that process improvements to accelerate housing production and facilitate compliance to implement the sixth cycle of the Regional Housing Need Assessment (RHNA)

BRIEF ACTIVITY
DESCRIPTION:
1) BRIEFLY SUMMARIZE THE STATUS OF THE ACTIVITIES
A) Describe Tasks
B) Outline which HCD eligible activity above Activity falls under 2) STATE WHAT STILL NEEDS TO BE COMPLETED ON THIS ACTIVITY 3) DESCRIBE HOW MUCH FUNDING WILL BE USED AND FOR WHAT
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A) Identify any contracts initiated
4) PROVIDE SCHEDULE OF ACTIVITIES
5) PROVIDE CONTACT INFO FOR PROJECT MANAGER/LEAD STAFF PERSON(S) 6) AMENDMENT
A) If any changes to project scope, cost, and/or schedule have occurred fill out this section, if not then skip
7) PROVIDE SIGNATURE AND DATE BELOW
PERSON PREPARING THIS REPORT (please
type or print)
PHONE and EMAIL:

APPROVAL AUTHORITY (signature)
Date:
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

January 11, 2022
Date: December 3, 2021
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: DeAnna Christensen, Director of Finance
SUBJECT: November 2021 Accounts Payable Register and Void Report CONTACT: Maria Garnica, Accounting Manager
[email protected], (209) 577-5249
DESCRIPTION:

Consider accepting an informational report for the November 2021 Accounts Payable Payment Register and Void report. (Funding Source: Not Applicable) STRATEGIC PLAN ELEMENT:

This item supports the City of Modesto 2020-2025 Strategic Plan focus of Governance and Service Delivery under Goal H: Achieve Financial Sustainability.

BACKGROUND:

The Finance Department manages the payment processing for all City disbursements. The City has three main types of payments which includes the following:

1. Vendors – These payments are associated with goods received and contractual services provided to the City and payroll benefits paid by the City on behalf of City employees.

2. Refunds – These payments are associated with refunds issued for deposits collected and have been authorized to be released for utility services, business licenses, building permits, rental agreements, etc. Additionally, any overpayments made by customers on their utility bills would be refunded through this type of payment.

3. Employees – These payments are associated with City-related travel advances and reimbursements related to training events or City business reimbursements.

Additionally, a monthly Void report is also provided to identify any payments that were voided through our financial accounting system and through the City’s bank. This could have triggered a re-issuance of payment or the payment could have been processed in error. #11..
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City Council, January 11, 2022
November 2021 Accounts Payable Register and Void Report