Agenda packet, first session — Modesto City Council, February 8, 2022 (part 6 of 6)

To address significant growth that occurred in the 1960s and ‘70s, slow-growth advocates initiated a process to hold city-wide elections in order to gauge public interest regarding substantial new annexation and development projects. This process featured ballot initiatives to require that subsequent major annexation and development projects be subject to an advisory vote prior to entitlement processing and related future extension of infrastructure.

On March 6, 1979, the voters of Modesto approved the Modesto Citizens Advisory Growth Management Act (Measure A). On November 4, 1997, voters approved the Modesto Citizens Advisory Growth Management Act of 1995 (Measure M). Measures A/M constitute an advisory vote process whereby the voters of Modesto are provided an opportunity to document their collective preference regarding the extension of sanitary sewer infrastructure to serve new residential development. The election results are not binding.

The Tivoli North area received a negative advisory vote in 2009, and no subsequent vote has occurred. There is past precedent both for a project that received a negative advisory vote moving forward without a subsequent vote1, and for a project that received a negative advisory vote securing a subsequent vote prior to moving forward.

DISCUSSION:

The project applicant / developer group for the Tivoli project has indicated interest in proceeding with an entitlement and annexation process for Tivoli North. Such an entitlement application would be consistent with the City’s General Plan, and the resulting development would provide a substantial amount of new housing stock to help reduce the impact of the local and regional housing crisis.

Similar to the Tivoli specific plan, a Tivoli North specific plan would document a land use program (residential neighborhoods and densities, commercial locations, schools, parks, etc.), a transportation network with components for various travel modes, infrastructure systems and other details associated with the proposed future development. This item is to gain Council input on accepting an application for development of the Tivoli North planning area including the City’s interest related to the Measure A/M advisory vote process.

Following approval of a specific plan and certification of the associated environmental impact report by the Planning Commission and City Council, an application for annexation to the City would be filed with the Stanislaus Local Agency Formation Commission (LAFCO).

Should an entitlement application for Tivoli North be accepted for processing, staff would work with the applicant team to prepare the specific plan documentation. At the applicants’ expense, staff would hire a qualified environmental consulting firm to prepare the environmental impact report (EIR). Following Council certification of the EIR and approval of the specific plan, staff would assist the applicant team with the annexation process via the Local Agency Formation Commission (LAFCO).

FISCAL IMPACT:

There would be no fiscal impact to the City as a result of entitlement application processing for Tivoli North. All fees and costs would be borne by the applicant team. 1 The Pelandale / Snyder, Carver-Bangs, Coffee / Claratina, North Beyer and Fairview specific plan areas proceeded to development following a negative vote in 1997. #28..
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City Council, February 8, 2022
Tivoli North specific plan

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The City’s cost to prepare a ballot measure for the advisory vote, should Council determine that step to be necessary, could range from approximately $20,000 to $60,000 or more depending on how many other items were on the ballot.

COMMITTEE RECOMMENDATION:

No Council Committee has heard this item.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Motion directing staff to accept and process an application for annexation, specific plan and environmental review for Tivoli North
Approved by:

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

1. Exhibit (map of northeast Modesto – Tivoli and Tivoli North planning areas) #28..
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

February 8, 2022
Date: January 27, 2022
TO: Mayor & Council
THROUGH: Joseph P. Lopez, City Manager
FROM: DeAnna Christensen, Director of Finance
SUBJECT: Modesto Forward Strategy – Revised Spending Plan CONTACT: Edgar R. Garcia, Management Analyst, [email protected], 209-571- 5101
DESCRIPTION:

Consider approving revised allocations in the spending plan for the City’s Pandemic Recovery Strategy, Modesto Forward, for the use of American Rescue Plan funds and authorizing the City Manager, or his designee, to carry out the necessary steps to implement the programs and funding allocations; and authorizing the City Manager to negotiate and execute Agreements with the Children’s Museum, Awesome Spot Playground (Valley Mountain Regional Center), and Graffiti Museum for $500,000 each, Convention and Visitor’s Bureau for $250,000, Modesto Neighborhoods Inc. for $120,000, Stanislaus Equity Partners and Opportunity Stanislaus for $100,000 each, Stanislaus Community Foundation for $90,000, and Modesto Art Museum, Opera Theater, Prospect Theater, and State Theater for $50,000 each. (Funding Source:

American Rescue Plan Funding)
STRATEGIC PLAN ELEMENT:

This item supports each of the initiatives in the City’s 2020-2025 Strategic Plan.

BACKGROUND:

Since the adoption of the local health emergency, the City has implemented a variety of measures and programs to help slow the spread of COVID-19 and mitigate the associated impact of the pandemic. The response has included safe transit opportunities available at no cost, open-air program for restaurants, business enforcement and monitoring programs, small business grants, adjustments/closures to city facilities, in-door shelter for at-risk homeless individuals, and telecommuting opportunities for employees. Additionally, the City also has directly supported the County with making testing centers and a vaccine clinic available that are directly managed and supported by City personnel. The applied interventions and mitigation strategies along with the City’s coordination with local, state and federal partners have been an essential component of the City’s successful response.
#29..
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In April 2021, President Biden signed into law the American Rescue Plan Act a $1.9 trillion emergency relief measure intended to provide relief to address the impact of COVID-19. Key allocations from the American Rescue Plan that have been made available directly from the federal government for the community including direct support for businesses, homeowners, renters, and restaurant/bar owners.

This legislation is also making a historic investment into local governments that includes $45,897,056 available to the City of Modesto to help address the local impact of COVID-19. The $45.89 million is being made available by the U.S Treasury directly to the City in two tranches:
50 percent was made available in May 2021, and the remaining 50 percent is expected to be provided in May 2022. The deadline to obligate funds is December 31, 2024 and the deadline to expend the funds is December 31, 2026.

The Treasury Department has periodically released guidance on the eligibility of funds, and released their Final Rule for the use of ARPA funds in January 2022. A summary of the allowable uses is below:

1. Public Health Response
a. Coronavirus State and Local Fiscal Recovery Funds provide resources to support the public health and safety response required due to the pandemic.

Additionally, these funds also can support through services that address disparities in public health that have been exacerbated by the pandemic. The City is able to use this funding to address a broad range of public health needs across COVID-19 mitigation, medical expenses, behavioral healthcare, and public health resources.

2. Address Negative Economic Impacts
a. To help alleviate the economic hardships caused by the pandemic, Coronavirus State and Local Fiscal Recovery Funds enable eligible state, local, territorial, and Tribal governments to provide a wide range of assistance to individuals and households, small businesses, and impacted industries, in addition to enabling governments to rehire public sector staff and rebuild capacity. Among these uses include:
i. Supporting small businesses, helping them to address financial challenges caused by the pandemic and to make investments in COVID19 prevention and mitigation tactics, as well as to provide technical assistance. To achieve these goals, recipients may employ this funding to execute a broad array of loan, grant, in-kind assistance, and counseling programs to enable small businesses to rebound from the downturn.
ii. Speeding the recovery of the tourism, travel, and hospitality sectors, supporting industries that were particularly hard-hit by the COVID-19 emergency and are just now beginning to mend. Similarly impacted sectors within a local area are also eligible for support #29..
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3. Supporting the Hardest-Hit Communities and Families
a. Support with investments in housing and neighborhoods, such as services to address individuals experiencing homelessness, affordable housing development, housing vouchers, and residential counseling and housing navigation assistance to facilitate moves to neighborhoods with high economic opportunity;
b. Addressing educational disparities through new or expanded early learning services, providing additional resources to high-poverty school districts, and offering educational services like tutoring or afterschool programs as well as services to address social, emotional, and mental health needs.

4. Replacing Lost Public Sector Revenue
a. Recipients may use these funds to replace lost revenue. The Treasury’s Final Rule establishes a methodology that each recipient can use to calculate its reduction in revenue. Alternatively, recipients may choose to take a standard allowance of $10 million in Revenue Replacement over the life of the program to be used on governmental services, rather than utilize the revenue loss formula for their amount of eligible funds. Because of the flexibility that using the standard allowance of $10 million offers the organization, the City of Modesto is opting to use the standard allowed rather than the revenue loss formula to help promote the ability of the organization to maximize the reach of the funds.

5. Investments in Water and Sewer Infrastructure
a. Recipients may use Coronavirus State and Local Fiscal Recovery Funds to invest in necessary improvements to their water and sewer infrastructures, including projects that address the impacts of climate change. Recipients may use this funding to invest in an array of drinking water infrastructure projects, such as building or upgrading facilities and transmission, distribution, and storage systems, including the replacement of lead service lines.

6. Investments in Broadband Infrastructure
a. Recognizing the acute need in certain communities, Treasury’s Final Rule provides that investments in broadband be made in areas that are currently unserved or underserved—in other words, lacking a wireline connection that reliably delivers minimum speeds of 25 Mbps download and 3 Mbps upload.

DISCUSSION:

To arrive at the original expenditure plan, staff solicited priorities from the public and the Council at the three standing City Council Committees: Economic Development, Safety and Communities, and Finance. With the themes that were identified at the various committees, staff consolidated them and reviewed whether they are eligible expenses based on the guidance that #29..
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had been made available by the Treasury Department. The approved strategy was titled Modesto Forward – to highlight the resilience of the community.

Modesto Forward
The Modesto Forward strategy was approved by Resolution 2021-194 on May 25, 2021 and it included various allocations of funding, which are attached to this item (Attachment 2). The strategy included some general and specific allocations; for those specific allocations, staff was required to prepare agreements; and, for those general allocations, staff was required to prepare detailed work plans. Furthermore, since the approval of the strategy, staff has been able to work closely with nonprofits and community partners that were approved for funding to develop Funding Contribution Agreements. The City is now finalizing the negotiation of the agreements with the Awesome Spot Playground, Graffiti Museum, Children’s Museum, Modesto Neighborhoods Inc., and Modesto Convention and Visitors Bureau. Upon approval of this item, the City intends to finalize and execute the agreements based on the amount that was originally approved by Council below. A sample agreement is attached as Attachment 2.

Organization Funding Amount
Awesome Spot Playground (Valley
Mountain Regional Center)
$500,000
Graffiti Museum $500,000
Children’s Museum $500,000
Convention and Visitors Bureau $250,000
Modesto Neighborhoods Inc. $120,000
TOTAL $1,870,000
Modifications to Spending Plan
Additionally, since the approval of the original spending plan, organizations have continued to reach out to the City requesting financial relief from the pandemic. The following proposed programs include requests from the community and also include internal programs that have been approved for funding by the City. These proposed allocations have been included within general allocations of COVID-19 labor expenses, homeless support, and small business support and thus reducing the original amount that was allocated to these 3 categories.  Stanislaus 2030 Initiative ($90,000): Stanislaus County has entered into an agreement with the Stanislaus Community Foundation to support a consulting engagement to bring together a broad consortium of public and private stakeholders to review existing conditions in Stanislaus County, advise on best practices for economic development in high-performing communities and develop a comprehensive plan with specific initiatives designed for our community. The City of Modesto’s contribution to this effort would support the completion of the comprehensive plan. Some examples of successful regional plans include the following:

Initiative Region Website
Fresno Drive Fresno County www.fresnodrive.org
B3K Prosperity Kern County www.b3kprosperity.org
Inland Economic Growth &
Opportunity
Riverside, San Bernardino
Counties
www.inlandgrowth.com
Regions Rise Salinas Monterey, San Benito, Santa
Cruz
www.mbep.biz
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 Stanislaus Equity Partners ($100,000): In 2018, County leaders finalized a study that yielded several findings including the lack of two unique organizations from our local landscape – Community Development Corporations (CDC) and Community Development Financial Institutions (CDFIs). On November 19, 2020, the South Modesto Partnership Board voted to transition the organization to a formal Community Development Corporation (CDC) to support with economic and resource development, and pathways to homeownership for South Modesto and other underserved areas across the County. Staff recommends an investment of $100,000 to support the initiative for underserved areas in the City of Modesto.
 Support for Economic Development Efforts ($100,000): Opportunity Stanislaus serves as a local economic development organization that offers programs and services to businesses, and also aims to create economic opportunities for workers, investors, and entrepreneurs. Staff has been coordinating with Opportunity Stanislaus staff to negotiate an agreement. Upon approval of this item, staff will be finalizing negotiations to begin the scope of work.
 Local Support for the Arts ($200,000/ $50,000 each): Local theaters including the Opera Theater, Prospect Theater, State Theatre, and Modesto Art Museum have each requested funding to help sustain their operation in Modesto and alleviate the impact from the pandemic.

Internal Programs
 Employee Recognition Program ($20,000): The creation and implementation of the Employee Recognition Program is designed to support the City’s Strategic Plan, specifically Goal J: Build A High-Performance Organization and strategy #6: Attract and Retain High Performance Employees. The program is intended to recognize employees for a job well done and years of service to improve greater employee satisfaction and enjoyment. It is our hope that these efforts will enhance teamwork, result in fewer accidents and a safer work environment, cause less absenteeism, increase loyalty, and benefit overall job satisfaction.
 Innovation Lab ($100,000): With a core focus on improving services, this investment will go directly to review areas in the organization that require review to stretch resources further and improve overall quality of service. Moreover, staff will work with consultants and partner organizations to co-create effective approaches by reviewing performance, resource allocation, opportunities to leverage technology, and provide immediate recommendations for departments to implement.

FISCAL IMPACT:

Council approval of this item would adjust three general categories of expenditures: COVID-19 labor, homeless support, and small business support in the amount of $730,000. Moreover, approval of this item will also release funds to several community partners, nonprofits, and programs as shown in the proposed allocation column and highlighted in green totaling $2,480,000.
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Program Program Status Original
Allocation
Proposed
Allocation
Remaining
Funding
Quality of Life
COVID-19 labor expenses $4,750,000 $4,630,000
Employee Recognition Project Pending approval from Council on February 8th $20,000 - Innovation Lab Pending approval from Council on February 8th $100,000 - Homeless Support Program $1,000,000 $276,000
Park Rangers Approved by Council January 24, 2022 $624,000 - Stanislaus Equity Partners Pending approval from Council on February 8th $100,000 - Mental Health Clinician Program – Partnership with BHRS This program is still in the research/development phase $800,000 $800,000 Blight Abatement* This program is still in the research/development phase $750,000 $750,000 Downtown Beautification This program is still in the research/development phase $700,000 $700,000 Emergency Medical Service equipment Expended – MFD purchase of EMS equipment $600,000 - Grants to neighborhoods (Modesto Neighborhoods Inc.) Pending approval from Council on February 8th $120,000 $120,000 - Economic Vitality
Small biz support with expansion and retention $1,000,000 $610,000 Stanislaus 2030 Initiative Pending approval from Council on February 8th $90,000 - Economic Development Support Pending approval from Council on February 8th $100,000 - Support for the Arts Pending approval from Council on February 8th $200,000 - Revolving loan fund for attraction of downtown development This program is still in the research/development phase $1,000,000 $1,000,000 Revolving loan fund for water/sewer connection fees This program is still in the research/development phase $1,000,000 $1,000,000 Tuolumne River – Economic Development This program is still in the research/development phase $750,000 $750,000 Relief Across Downtown Card Expended – Agreement with Downtown Modesto Partnership $708,500 - Implementation/support of a workforce development program This program is still in the research/development phase $500,000 $500,000 Support for Children’s Museum Pending approval from Council on February 8th $500,000 $500,000 - Support for Awesome Spot Playground (Valley Mountain
Regional Center) Pending approval from Council on February 8th $500,000 $500,000 - Support for Car Museum Pending approval from Council on February 8th $500,000 $500,000 - Support for Convention and Visitor’s Bureau* Pending approval from Council on February 8th $250,000 $250,000 - Expanded Wi-Fi downtown and available at community
facilities This program is still in the research/development phase $200,000 $200,000 Enhanced Infrastructure Financing District This program is still in the research/development phase $200,000 $200,000 Governance and Service Delivery
Fire Station 1 Deferred Maintenance This program is still in the research/development phase $2,000,000 $2,000,000 Forestry Program Enhancements* Expended – Public Works agreement with Grover Landscaping $1,850,000 - General Plan Update Expended – General Plan update expenditures $700,000 - Discoverer Replacement This program is still in the research/development phase $500,000 $500,000 Cybersecurity Mitigation This program is still in the research/development phase $490,000 $490,000 TSP Battery Back Up System Upgrade This program is still in the research/development phase $250,000 $250,000 Address deferred maintenance at various parks and public facilities This program is still in the research/development phase $1,270,028 $1,270,028 Upgrade software for Utility billing This program is still in the research/development phase $60,000 $60,000 TOTAL $22,948,528 $3,104,000 $15,986,028
TOTAL (For consideration on February 8th) $2,480,000
Items highlighted in green show proposed expenditures for consideration by the Council.
*Items marked with an asterisk (*) are two-year allocations #29..
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Each of these expenditures vary in their scope and staff will continue to periodically return to Council for consideration of the items that require the creation of a new program, the development of a public-private partnership, or the approval of an agreement. The proposed expenditures are only revisions to the Year 1 spending plan. The spending plan for the Year 2 allocation will be developed in the coming months and will be included in the FY 2022-2023 budget.

COMMITTEE RECOMMENDATION:

This item was previously considered by the Finance Committee on August 23, 2021 and was approved to be forwarded to Council for consideration. The Park Ranger Program was recently approved by the Council on January 25, 2022, and the modification to the spending plan is being documented in this item.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving revised allocations in the spending plan for the City’s Pandemic Recovery Strategy, Modesto Forward, for the use of American Rescue Plan funds and authorizing the City Manager, or his designee, to carry out the necessary steps to implement the programs and funding allocations.

Resolution authorizing the City Manager to negotiate and execute Agreements with the Children’s Museum, Awesome Spot Playground (Valley Mountain Regional Center), and Graffiti Museum for $500,000 each, Convention and Visitor’s Bureau for $250,000, Modesto Neighborhoods Inc. for $120,000, Stanislaus Equity Partners and Opportunity Stanislaus for $100,000 each, Stanislaus Community Foundation for $90,000, and Modesto Art Museum, Opera Theater, Prospect Theater, and State Theater for $50,000 each.

Approved by: _________________________________________
DeAnna Christensen, Director of Finance
Joseph P. Lopez, City Manager
Attachments:

1. Resolutions (2)

2. Modesto Forward Strategy

3. Sample Agreement
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1 2022

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-

RESOLUTION APPROVING REVISED ALLOCATIONS IN THE SPENDING PLAN FOR THE CITY’S PANDEMIC RECOVERY STRATEGY, MODESTO

FORWARD, FOR THE USE OF AMERICAN RESCUE PLAN FUNDS AND

AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO CARRY OUT

THE NECESSARY STEPS TO IMPLEMENT THE PROGRAMS AND FUNDING

ALLOCATIONS
WHEREAS, Since the adoption of the local health emergency, the City has implemented a variety of measures and programs to help slow the spread of COVID-19 and mitigate the associated impact of the pandemic, and WHEREAS, the response has included safe transit opportunities available at no cost, open-air program for restaurants, business enforcement and monitoring programs, small business grants, adjustments/closures to city facilities, in-door shelter for at-risk homeless individuals, and telecommuting opportunities for employees, and WHEREAS, the City also has directly supported the County with making testing centers and a vaccine clinic available that are directly managed and supported by City personnel, and
WHEREAS, the applied interventions and mitigation strategies along with the City’s coordination with local, state and federal partners have been an essential component of the City’s successful response, and
WHEREAS, In April 2021, President Biden signed into law the American Rescue Plan Act a $1.9 trillion emergency relief measure intended to provide relief to address the impact of COVID-19, and
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2 2022
WHEREAS, Key allocations from the American Rescue Plan that have been made available directly from the federal government for the community including direct support for businesses, homeowners, renters, and restaurant/bar owners, and WHEREAS, this legislation is also making a historic investment into local governments that includes $45,897,056 available to the City of Modesto to help address the local impact of COVID-19, and
WHEREAS, the $45.89 million is being made available by the U.S Treasury directly to the City in two tranches: 50 percent was made available in May 2021, and the remaining 50 percent is expected to be provided in May 2022, and WHEREAS, the deadline to obligate funds is December 31, 2024 and the deadline to expend the funds is December 31, 2026, and
WHEREAS, The Treasury Department has periodically released guidance on the eligibility of funds, and released their Final Rule for the use of ARPA funds in January 2022, and
WHEREAS, to arrive at the original expenditure plan, staff solicited priorities from the public and the Council at the three standing City Council Committees:

Economic Development, Safety and Communities, and Finance, and WHEREAS, With the themes that were identified at the various committees, staff consolidated them and reviewed whether they are eligible expenses based on the guidance that had been made available by the Treasury Department, and WHEREAS, the approved strategy was titled Modesto Forward – to highlight the resilience of the community, and
#29..
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3 2022
WHEREAS, The Modesto Forward strategy was approved by Resolution 2021- 194 on May 25, 2021 and it included various allocations of funding, and WHEREAS, the strategy included some general and specific allocations; for those specific allocations, staff was required to prepare agreements; and, for those general allocations, staff was required to prepare detailed work plans, and WHEREAS, furthermore, since the approval of the strategy, staff has been able to work closely with nonprofits and community partners that were approved for funding to develop Funding Contribution Agreements, and
WHEREAS, the City is now finalizing the negotiation of the agreements with the Awesome Spot Playground, Graffiti Museum, Children’s Museum, Modesto Neighborhoods Inc., and Modesto Convention and Visitors Bureau, and WHEREAS, upon approval of this item, the City intends to finalize and execute the agreements based on the amount that was originally approved by Council below, and Organization Funding Amount
Awesome Spot Playground $500,000
Graffiti Museum (Valley Mountain
Regional Center)
$500,000
Children’s Museum $500,000
Convention and Visitors Bureau $250,000
Modesto Neighborhoods Inc. $120,000
TOTAL $1,870,000
WHEREAS, since the approval of the original spending plan, organizations have continued to reach out to the City requesting financial relief from the pandemic. The proposed programs include requests from the community and also include internal programs that have been approved for funding by the City, and #29..
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4 2022
WHEREAS, these proposed allocations have been included within general allocations of COVID-19 labor expenses, homeless support, and small business support and thus reducing the original amount that was allocated to these 3 categories, and WHEREAS, Council approval of this item would adjust three general categories of expenditures: COVID-19 labor, homeless support, and small business support in the amount of $730,000, and
WHEREAS, approval of this item will also release funds to several community partners, nonprofits, and programs as approved in the spending plan in the amount of $2,480,000, and
WHEREAS, each of the items for consideration are highlighted in green at the table appended to this resolution, and
WHEREAS, each of these expenditures vary in their scope and staff will continue to periodically return to Council for consideration of the items that require the creation of a new program, the development of a public-private partnership, or the approval of an agreement, and
WHEREAS, the proposed expenditures are only revisions to the Year 1 spending plan and the spending plan for the Year 2 allocation will be developed in the coming months and will be included in the FY 2022-2023 budget, and WHERAS, this item was previously considered by the Finance Committee on August 23, 2021 and was approved to be forwarded to Council for consideration, and WHEREAS, the Park Ranger Program was recently approved by the Council on January 25, 2022, and the modification to the spending plan is being documented in this item.
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5 2022
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approving revised allocations in the spending plan for the city’s pandemic recovery strategy, Modesto Forward, for the use of American Rescue Plan funds and authorizing the City Manager, or his designee, to carry out the necessary steps to implement the programs and funding allocations.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 8th day of February, 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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1 2022
Program Program Status Original
Allocation
Proposed
Allocation
Remaining
Funding
Quality of Life
COVID-19 labor expenses $4,750,000 $4,630,000
Employee Recognition Project Pending approval from Council on February 8th $20,000 - Innovation Lab Pending approval from Council on February 8th $100,000 - Homeless Support Program $1,000,000 $276,000
Park Rangers Approved by Council January 24, 2022 $624,000 - Stanislaus Equity Partners Pending approval from Council on February 8th $100,000 - Mental Health Clinician Program – Partnership with BHRS This program is still in the research/development phase $800,000 $800,000 Blight Abatement* This program is still in the research/development phase $750,000 $750,000 Downtown Beautification This program is still in the research/development phase $700,000 $700,000 Emergency Medical Service equipment Expended – MFD purchase of EMS equipment $600,000 - Grants to neighborhoods (Modesto Neighborhoods Inc.) Pending approval from Council on February 8th $120,000 $120,000 - Economic Vitality
Small biz support with expansion and retention $1,000,000 $610,000 Stanislaus 2030 Initiative Pending approval from Council on February 8th $90,000 - Economic Development Support Pending approval from Council on February 8th $100,000 - Support for the Arts Pending approval from Council on February 8th $200,000 - Revolving loan fund for attraction of downtown development This program is still in the research/development phase $1,000,000 $1,000,000 Revolving loan fund for water/sewer connection fees This program is still in the research/development phase $1,000,000 $1,000,000 Tuolumne River – Economic Development This program is still in the research/development phase $750,000 $750,000 Relief Across Downtown Card Expended – Agreement with Downtown Modesto Partnership $708,500 - Implementation/support of a workforce development program This program is still in the research/development phase $500,000 $500,000 Support for Children’s Museum Pending approval from Council on February 8th $500,000 $500,000 - Support for Awesome Spot Playground (Valley Mountain
Regional Center) Pending approval from Council on February 8th $500,000 $500,000 - Support for Car Museum Pending approval from Council on February 8th $500,000 $500,000 - Support for Convention and Visitor’s Bureau* Pending approval from Council on February 8th $250,000 $250,000 - Expanded Wi-Fi downtown and available at community
facilities This program is still in the research/development phase $200,000 $200,000 Enhanced Infrastructure Financing District This program is still in the research/development phase $200,000 $200,000 Governance and Service Delivery
Fire Station 1 Deferred Maintenance This program is still in the research/development phase $2,000,000 $2,000,000 Forestry Program Enhancements* Expended – Public Works agreement with Grover Landscaping $1,850,000 - General Plan Update Expended – General Plan update expenditures $700,000 - Discoverer Replacement This program is still in the research/development phase $500,000 $500,000 Cybersecurity Mitigation This program is still in the research/development phase $490,000 $490,000 TSP Battery Back Up System Upgrade This program is still in the research/development phase $250,000 $250,000 Address deferred maintenance at various parks and public facilities This program is still in the research/development phase $1,270,028 $1,270,028 Upgrade software for Utility billing This program is still in the research/development phase $60,000 $60,000 TOTAL $22,948,528 $3,104,000 $15,986,028
Items highlighted in green show proposed expenditures for consideration by the Council.
*Items marked with an asterisk (*) are two-year allocations #29..
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1 2022

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-

RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AGREEMENTS WITH THE CHILDREN’S MUSEUM, AWESOME

SPOT PLAYGROUND (VALLEY MOUNTAIN REGIONAL CENTER), AND
GRAFFITI MUSEUM FOR $500,000 EACH, CONVENTION AND VISITOR’S BUREAU FOR $250,000, MODESTO NEIGHBORHOODS INC. FOR $120,000,

STANISLAUS EQUITY PARTNERS AND OPPORTUNITY STANISLAUS FOR $100,000 EACH, STANISLAUS COMMUNITY FOUNDATION FOR $90,000,

AND MODESTO ART MUSEUM, OPERA THEATER, PROSPECT THEATER, AND STATE THEATER FOR $50,000 EACH
WHEREAS, Since the adoption of the local health emergency, the City has implemented a variety of measures and programs to help slow the spread of COVID-19 and mitigate the associated impact of the pandemic, and WHEREAS, the response has included safe transit opportunities available at no cost, open-air program for restaurants, business enforcement and monitoring programs, small business grants, adjustments/closures to city facilities, in-door shelter for at-risk homeless individuals, and telecommuting opportunities for employees, and WHEREAS, the City also has directly supported the County with making testing centers and a vaccine clinic available that are directly managed and supported by City personnel, and
WHEREAS, the applied interventions and mitigation strategies along with the City’s coordination with local, state and federal partners have been an essential component of the City’s successful response, and
WHEREAS, In April 2021, President Biden signed into law the American Rescue Plan Act a $1.9 trillion emergency relief measure intended to provide relief to address the impact of COVID-19, and
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WHEREAS, Key allocations from the American Rescue Plan that have been made available directly from the federal government for the community including direct support for businesses, homeowners, renters, and restaurant/bar owners, and WHEREAS, this legislation is also making a historic investment into local governments that includes $45,897,056 available to the City of Modesto to help address the local impact of COVID-19, and
WHEREAS, the $45.89 million is being made available by the U.S Treasury directly to the City in two tranches: 50 percent was made available in May 2021, and the remaining 50 percent is expected to be provided in May 2022, and WHEREAS, the deadline to obligate funds is December 31, 2024 and the deadline to expend the funds is December 31, 2026, and
WHEREAS, The Treasury Department has periodically released guidance on the eligibility of funds, and released their Final Rule for the use of ARPA funds in January 2022, and
WHEREAS, to arrive at the original expenditure plan, staff solicited priorities from the public and the Council at the three standing City Council Committees:

Economic Development, Safety and Communities, and Finance, and WHEREAS, With the themes that were identified at the various committees, staff consolidated them and reviewed whether they are eligible expenses based on the guidance that had been made available by the Treasury Department, and WHEREAS, the approved strategy was titled Modesto Forward – to highlight the resilience of the community, and
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WHEREAS, The Modesto Forward strategy was approved by Resolution 2021- 194 on May 25, 2021 and it included various allocations of funding, and WHEREAS, the strategy included some general and specific allocations; for those specific allocations, staff was required to prepare agreements; and, for those general allocations, staff was required to prepare detailed work plans, and WHEREAS, furthermore, since the approval of the strategy, staff has been able to work closely with nonprofits and community partners that were approved for funding to develop Funding Contribution Agreements, and
WHEREAS, the City is now finalizing the negotiation of the agreements with the Awesome Spot Playground, Graffiti Museum, Children’s Museum, Modesto Neighborhoods Inc., and Modesto Convention and Visitors Bureau, and WHEREAS, upon approval of this item, the City intends to finalize and execute the agreements based on the amount that was originally approved by Council below, and Organization Funding Amount
Awesome Spot Playground (Valley
Mountain Regional Center)
$500,000
Graffiti Museum $500,000
Children’s Museum $500,000
Convention and Visitors Bureau $250,000
Modesto Neighborhoods Inc. $120,000
TOTAL $1,870,000
WHEREAS, since the approval of the original spending plan, organizations have continued to reach out to the City requesting financial relief from the pandemic. The proposed programs include requests from the community and also include internal programs that have been approved for funding by the City, and #29..
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WHEREAS, these proposed allocations have been included within general allocations of COVID-19 labor expenses, homeless support, and small business support and thus reducing the original amount that was allocated to these 3 categories, and WHEREAS, Council approval of this item would adjust three general categories of expenditures: COVID-19 labor, homeless support, and small business support in the amount of $730,000, and
WHEREAS, approval of this item will also release funds to several community partners, nonprofits, and programs as approved in the spending plan in the amount of $2,480,000, and
WHEREAS, each of the items for consideration are highlighted in green at the table appended to this resolution, and
WHEREAS, each of these expenditures vary in their scope and staff will continue to periodically return to Council for consideration of the items that require the creation of a new program, the development of a public-private partnership, or the approval of an agreement, and
WHEREAS, the proposed expenditures are only revisions to the Year 1 spending plan and the spending plan for the Year 2 allocation will be developed in the coming months and will be included in the FY 2022-2023 budget, and WHERAS, this item was previously considered by the Finance Committee on August 23, 2021 and was approved to be forwarded to Council for consideration, and WHEREAS, the Park Ranger Program was recently approved by the Council on January 25, 2022, and the modification to the spending plan is being documented in this item.
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NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby authorizes the City Manager to negotiate and execute Agreements with the Children’s Museum, Awesome Spot Playground (Valley Mountain Regional Center), and Graffiti Museum for $500,000 each, Convention and Visitor’s Bureau for $250,000, Modesto Neighborhoods Inc. for $120,000, Stanislaus Equity Partners and Opportunity Stanislaus for $100,000 each, Stanislaus Community Foundation for $90,000, and Modesto Art Museum, Opera Theater, Prospect Theater, and State Theater for $50,000 each.

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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Program Program Status Original
Allocation
Proposed
Allocation
Remaining
Funding
Quality of Life
COVID-19 labor expenses $4,750,000 $4,630,000
Employee Recognition Project Pending approval from Council on February 8th $20,000 - Innovation Lab Pending approval from Council on February 8th $100,000 - Homeless Support Program $1,000,000 $276,000
Park Rangers Approved by Council January 24, 2022 $624,000 - Stanislaus Equity Partners Pending approval from Council on February 8th $100,000 - Mental Health Clinician Program – Partnership with BHRS This program is still in the research/development phase $800,000 $800,000 Blight Abatement* This program is still in the research/development phase $750,000 $750,000 Downtown Beautification This program is still in the research/development phase $700,000 $700,000 Emergency Medical Service equipment Expended – MFD purchase of EMS equipment $600,000 - Grants to neighborhoods (Modesto Neighborhoods Inc.) Pending approval from Council on February 8th $120,000 $120,000 - Economic Vitality
Small biz support with expansion and retention $1,000,000 $610,000 Stanislaus 2030 Initiative Pending approval from Council on February 8th $90,000 - Economic Development Support Pending approval from Council on February 8th $100,000 - Support for the Arts Pending approval from Council on February 8th $200,000 - Revolving loan fund for attraction of downtown development This program is still in the research/development phase $1,000,000 $1,000,000 Revolving loan fund for water/sewer connection fees This program is still in the research/development phase $1,000,000 $1,000,000 Tuolumne River – Economic Development This program is still in the research/development phase $750,000 $750,000 Relief Across Downtown Card Expended – Agreement with Downtown Modesto Partnership $708,500 - Implementation/support of a workforce development program This program is still in the research/development phase $500,000 $500,000 Support for Children’s Museum Pending approval from Council on February 8th $500,000 $500,000 - Support for Awesome Spot Playground (Valley Mountain
Regional Center) Pending approval from Council on February 8th $500,000 $500,000 - Support for Car Museum Pending approval from Council on February 8th $500,000 $500,000 - Support for Convention and Visitor’s Bureau* Pending approval from Council on February 8th $250,000 $250,000 - Expanded Wi-Fi downtown and available at community
facilities This program is still in the research/development phase $200,000 $200,000 Enhanced Infrastructure Financing District This program is still in the research/development phase $200,000 $200,000 Governance and Service Delivery
Fire Station 1 Deferred Maintenance This program is still in the research/development phase $2,000,000 $2,000,000 Forestry Program Enhancements* Expended – Public Works agreement with Grover Landscaping $1,850,000 - General Plan Update Expended – General Plan update expenditures $700,000 - Discoverer Replacement This program is still in the research/development phase $500,000 $500,000 Cybersecurity Mitigation This program is still in the research/development phase $490,000 $490,000 TSP Battery Back Up System Upgrade This program is still in the research/development phase $250,000 $250,000 Address deferred maintenance at various parks and public facilities This program is still in the research/development phase $1,270,028 $1,270,028 Upgrade software for Utility billing This program is still in the research/development phase $60,000 $60,000 TOTAL $22,948,528 $3,104,000 $15,986,028
Items highlighted in green show proposed expenditures for consideration by the Council.
*Items marked with an asterisk (*) are two-year allocations #29..
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P a g e | 1
Modesto Forward
City of Modesto – Pandemic Recovery Strategy
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The City of Modesto is the 18th largest city in the State of California and is a diverse community dedicated to
preserving a great quality of life, improving economic vitality, and maintaining organizational excellence for 220,000
residents. This report is intended to provide an overview of the City’s spending plan for the first tranche in relief funding from the American Rescue Plan in the amount of $22.9
million.

The second allocation is expected to be received in 12
months (May 2022) and will be used for additional
programming during Fiscal Year 2022-2023.

The key areas of focus for the Year 1 allocation include critical investments in the following areas:
• Quality of Life
• Economic Vitality
• Governance and Service Delivery
I look forward to working with the Council and community to further these initiatives.

Sincerely,
Joseph P. Lopez
City Manager
City of Modesto
Joseph P. Lopez
City Manager
Message from the
City Manager
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Table of Contents
• Background
• Pandemic Response from the City
• American Rescue Plan Act
• Themes from Council Committees
• Post Pandemic Initiatives
• Tentative Spending Plan
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Background
On March 18, 2020, the Modesto City Council declared a local health emergency in response to the rapid spread of the novel coronavirus, COVID-19. While the City of Modesto is not directly responsible for containing, contact tracing, or addressing COVID19, the City has a critical role supporting the County of Stanislaus with public adherence to Public Health Orders, emergency planning and coordination, and the provision of essential services. This section provides an overview of the key events and response activities of the City of Modesto Emergency Operations Center that occurred between February 27, 2020 and March 2021.

On January 30, 2020, the World Health Organization declared the outbreak a “public health emergency of international concern” (PHEIC). First detected in the United States in January 2020, the COVID-19 virus quickly spread across the nation and was declared a global health emergency by the World Health Organization on January 30, 2020. Shortly after the first case in the United States was detected in the state of Washington, the first case in the state of California was confirmed. In early March 2020, the pandemic was declared a National Emergency and Stanislaus County recorded the first two positive cases of COVID-19. The COVID-19 pandemic in Modesto and Stanislaus County was exceptional in its scale, duration and response.

As of March 13, 2020, it has been reported that COVID-19 has spread to over 90 countries including many parts of the United States, including the city of Modesto. Based on the rapidly evolving information from the Stanislaus County Public Health Officer, the Governor of California, and the President of the United States, the City Manager declared a local emergency in response to this pandemic to help ensure the safety of residents and visitors.

The unprecedented nature of the pandemic challenged the City of Modesto to design and implement approaches to prevent the spread of the disease without the benefit of prior experience or use of traditional pandemic response plans. The City’s response was in coordination with the County of Stanislaus and was characterized by a concentrated focus on protecting residents through a multifaceted approach which included a reliance on local community partnerships, active engagement with the community through public information channels and innovative mitigation strategies tested for the first time. While the pandemic response efforts are ongoing, the City’s strategy and the lessons learned offer an opportunity to enhance future preparedness efforts which will serve as a local standard and act as a best-practice response model for the State of California.

Despite the County’s initial measures to prepare for and prevent the spread of the virus, COVID-19 cases continued to increase across the state and in Modesto throughout the duration of the incident period. Anticipating the need for an unprecedented response, the County Public Health Officer declared a local health emergency on March 11, 2020. #29..
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Shortly after, the Modesto City Council declared a local health emergency within the City of Modesto on March 18, 2020. As cases continued to mount, the Governor of the State of California proclaimed a State of Emergency on March 18, 2020 and issued a statewide Stay-at-Home Order.

This action supported the County of Stanislaus and other jurisdictions to take extreme mitigation measures toward preventing the spread of COVID-19 in the community.

Stanislaus County saw its first two COVID-19 cases on March 11, 2020 and the first death was recorded on April 10, 2020. While the virus continued to spread in the community, an isolated outbreak at a local skilled nursing facility caused a clear spike in positive cases and deaths to which the County rapidly responded.

On May 12, 2020, the Stanislaus County Public Health Officer and Board of Supervisors determined local health orders to be unnecessary based on the conditions in Stanislaus County and elected to defer to the order issued by the California Public Health Officer.

The decision was made to rescind the Stanislaus County Public Health Order with a few exceptions. The Board of Supervisors resolved that no county resources would be expended to enforce State issued orders in unincorporated areas of the county.

In early May, the Governor’s Office required cities and counties alike to follow the phased reopening plan in 4 stages, that include:
• Stage 1. Only essential businesses identified by the Federal government’s previously identified essential sectors are permitted to operate • Stage 2. Lower risk workplaces: Gradually reopen retail (curbside only), childcare, manufacturing, logistics
• Stage 2-1. Lower risk workplaces: Relax retail restrictions, adapt and reopen schools, offices, and limited hospitality and personal services. • Stage 3. Higher risk workplaces: Adaptation and reopening of movie theaters, religious services, and personal and hospitality services • Stage 4. End stay at home order: Reopen areas of highest risk such as concerts and conventions
On Friday, May 8, 2020, Governor Newsom announced that based on the progress with meeting the statewide metrics, the state moved into Stage 2. On May 20, 2020, the State approved Stanislaus County’s attestation for variance to the state orders to expedite the safe reopening of the community and allowing the County to move into the latter part of Stage 2. At that time, the County had 685 COVID-19 positive cases. Since reopening further into Stage 2 on May 20th and into Stage 3 on June 12th, 1,404 confirmed cases have been reported (105% increase), including 35 deaths.

About a month later on July 1, the Governor announced that Stanislaus County (and 18 other counties) were ordered to close indoor operations of restaurants, wineries, cardrooms and other industries and shutter bars for a 3-week period due to the surge in #29..
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COVID-19 positive cases. This order is intended to help alleviate the pressure of hospitals and reduce community transmission.

In July, the Governor’s Office modified the 4-stage reopening plan to a 4-Tier Color System titled the Blueprint for a Safer Economy. This color-coded system ranks counties by the average daily number of new Covid-19 cases and the percentage of positive cases out of the total number of tests administered, both averaged over seven days; the colors included Purple – Widespread, Red – Substantial, Orange – Moderate, and Yellow – Minimal. The principal impact that this system has on the community is when businesses can reopen. But it also had a major impact on the ability of schools to reopen for in-person instruction. Until recently, if a county was in the purple tier, schools in that county could not open for in-person instruction for regular classes.

The subsequent activity required a closure of key industries from July 2020 through February 2021 because of the Purple Tier assignment. However, the State allowed for a brief reopening from mid-October through mid-November 2020 for meeting the requirements to move into the Red Tier.

On January 12, 2021 the County Emergency Operations Center requested support from the City of Modesto in the operation of a vaccination clinic at the Modesto Centre Plaza due to parking and physical distance issues that the County was experiencing at the Scenic Hospital. City staff in coordination with the County opened the Modesto Centre Plaza Vaccination Clinic (POD) 3 days later on January 15, 2021.

The City, in partnership with the County, has initiated a robust effort to make vaccines available to all individuals over the age of 16 who live or work in Stanislaus County – and this work continues.

Overall, the City’s response to COVID-19 has been effective, offering free transit opportunities, small business grants, in-door shelter for at-risk homeless individuals, outdoor business operation program to promote physical distancing, education protocol for noncompliant businesses, and telecommuting opportunities for employees. The early detection, applied interventions, and mitigation strategies along with the City’s coordination with local, state and federal partners were all essential to the initial success of the response by the City of Modesto.
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American Rescue
Plan Act
This report presents the Proposed strategy to support the local recovery from the pandemic, which includes an overview of the federal stimulus funding the City anticipates receiving in the coming weeks, and the three major focus areas in which this funding will be targeted—Quality of Life, Economic Vitality, and Governance and Service Delivery.

On January 20, 2021, President Biden announced a two-phased approach to address the public health and economic crises caused by the COVID-19 pandemic. The first phase, the American Rescue Plan, totals $1.9 trillion in relief funding. The second phase, the American Jobs Plan, is focused on long-term economic recovery from the detrimental impacts of COVID-19 through infrastructure investments and job creation.

The American Rescue Plan Act of 2021 includes $360 billion in relief for state and local governments. The legislation signed by President Biden will allocate $219.8 billion to states, Washington, D.C., tribes, and territories; $10 billion for capital projects to support work, education, and health monitoring; and, the remaining $130.2 billion would be evenly divided between counties based on population ($65.1 billion) and cities using a modified Community Development Block Grant formula ($65.1 billion).

The City is slated to receive $45.89 million in relief funding for purposes identified below, with the State of California expected to receive $26.2 billion. Funding will be allocated directly from the federal government to the City in two tranches: 50 percent ($22.94m) would be made available within 60 days after enactment – expected to be received by in the month of May. The remaining 50 percent ($22.94m) would be distributed 12 months after the initial allocation. The deadline to encumber funds is December 31, 2024, and the deadline to expend funds is 2026. The legislation provides broad guidance related to eligible use of funds, and staff expect additional regulatory clarification from the U.S. Treasury, similar to the process for the CARES Act funding.

The allowable uses for the funding as identified by the guidance released to-date includes six broad categories:

1. Public Health Response
a. Coronavirus State and Local Fiscal Recovery Funds provide resources to support the public health and safety response required due to the pandemic. Additionally, these funds also can support through services that address disparities in public health that have been exacerbated by the #29..
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pandemic. The City is able to use this funding to address a broad range of public health needs across COVID-19 mitigation, medical expenses, behavioral healthcare, and public health resources.

2. Address Negative Economic Impacts
a. To help alleviate the economic hardships caused by the pandemic, Coronavirus State and Local Fiscal Recovery Funds enable eligible state, local, territorial, and Tribal governments to provide a wide range of assistance to individuals and households, small businesses, and impacted industries, in addition to enabling governments to rehire public sector staff and rebuild capacity. Among these uses include:
i. Supporting small businesses, helping them to address financial challenges caused by the pandemic and to make investments in COVID-19 prevention and mitigation tactics, as well as to provide technical assistance. To achieve these goals, recipients may employ this funding to execute a broad array of loan, grant, in-kind assistance, and counseling programs to enable small businesses to rebound from the downturn.
ii. Speeding the recovery of the tourism, travel, and hospitality sectors, supporting industries that were particularly hard-hit by the COVID-19 emergency and are just now beginning to mend.

Similarly impacted sectors within a local area are also eligible for support

4. Replacing Lost Public Sector Revenue
a. Recipients may use these funds to replace lost revenue. The Treasury’s Interim Final Rule establishes a methodology that each recipient can use to calculate its reduction in revenue. Specifically, recipients will compute the extent of their reduction in revenue by comparing their actual revenue #29..
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to an alternative representing what could have been expected to occur in the absence of the pandemic.

6. Investments in Broadband Infrastructure
a. Recognizing the acute need in certain communities, Treasury’s Interim Final Rule provides that investments in broadband be made in areas that are currently unserved or underserved—in other words, lacking a wireline connection that reliably delivers minimum speeds of 25 Mbps download and 3 Mbps upload.

This guidance has been identified as an interim ruling and the Treasury Department has confirmed that additional clarification will be made available in the coming weeks. #29..
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Themes from
Council Committees
To prepare this strategy and to ensure it adequately captured the recovery strategies to help the community exit this extraordinary pandemic period, the City Manager’s Office solicited priorities from the public and the City Council Standing Committees, including:

Safety and Communities, Finance, and Economic Development Committees.

The key themes from each of the committees fall under the three key focus areas of the City’s 5-year Strategic Plan:

Governance and Service
Delivery
Finance Committee
Economic Vitality
Economic Development
Committee
Quality of Life
Safety and Communities
These initiatives are intended to
improve the organization and
service delivery for residents.
• COVID-19 Expenses/Response
• Staffing levels for Critical Dept’s
• Deferred Maintenance
• Program Improvements
• Facility Upgrades
• Revenue Loss
These initiatives are intended to
improve the economic vitality of
the community.
• Downtown Housing
• Business support, retention,
attraction, and expansion
• Downtown Beautification
• Revitalization of Public Spaces
• Broadband Infrastructure
This portion of funding is intended
to improve the quality of life for
residents.
• Public health focus – mental
health, homelessness, poverty
• Police-community relations
• Mental health support program
• Homelessness
• Blight and Forestry Program
Enhancements
• Support for Community
Amenities
o The Awesome Spot
o Children’s Museum
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Pandemic
Recovery
Initiatives
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Economic Vitality
Program Goal Allocation
Support for Community Amenities including the
Children’s Museum, Car Museum, and Awesome Spot
Playground
$1,500,000
Implementation of a business expansion, and
retention program that directly supports Modestobased businesses – and encourages future investment in Modesto.
$1,000,000
Development of a Downtown Housing Program
intended to help spur development. $1,000,000
Revolving loan program designed to waive or defer
water, sewer and stormwater fees. $1,000,000
Tuolumne River – Economic Development Strategy
intended to help improve the vitality of the River.
$750,000
Relief Across Downtown Card investment to help
drive downtown foot traffic. $708,500
Job / Career Training in a local emerging industry for
residents whose employment was impacted by the
Coronavirus.
$500,000
Support for Convention and Visitor’s Bureau to aid
the tourism industry. $250,000
Expanded Wi-Fi downtown and available at
community facilities to help bridge the digital divide. $200,000
Funding to support the development of Enhanced
Infrastructure Financing District to create a
sustainable funding model for infrastructure needs
across the City.
$200,000
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Quality of Life
Program Goal Allocation
Labor expenses from the Coronavirus pandemic $4,750,000 Additional Support for affordable housing and
homeless programs
$1,000,000
Mental Health Clinician Program – Partnership with
Police Department and BHRS
$800,000
Support for Blight Abatement programs $750,000
Support for Downtown Beautification $700,000
Acquisition of Emergency Medical Service equipment to
support COVID response
$600,000
Grants to neighborhood associations to support safe regathering $120,000
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Governance and
Service Delivery
Program Goal Allocation
Fire Station 1 Deferred Maintenance $2,000,000
Forestry Program Enhancements to help address the
backlog of deceased trees, mistletoe, stumps, etc. $1,850,000 General Plan Update to help expedite the completion of
the plan $700,000
Discoverer Replacement to sustain the City’s primary
payroll record system $500,000
Cybersecurity Mitigation to ensure the City is secure $490,000 TSP Battery Back Up System Upgrade to support the
organization during a power outage $250,000
Address deferred maintenance at various parks and
public facilities including ways to reduce water use $1,270,028 Upgrade secure online service application software for
Utility billing $60,000
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Tentative
Spending
Plan
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Year 1 - Tentative Spending Plan
Dept. Description Allocation
Economic Vitality
CED Small biz support with expansion and retention $1,000,000 CED Revolving loan fund for attraction of downtown development $1,000,000 CED/ UTL Revolving loan fund for water/sewer connection fees $1,000,000 PRN/CED Tuolumne River – Economic Development $750,000
CED Relief Across Downtown Card $708,500
CED Implementation of a workforce development program $500,000 CMO Support for Children’s Museum $500,000
CMO Support for Awesome Spot Playground $500,000
CMO Support for Car Museum $500,000
CMO Support for Convention and Visitor’s Bureau* $250,000 IT Expanded Wi-Fi downtown and available at community facilities $200,000 CED Funding to support the development of Enhanced Infrastructure Financing District $200,000
Quality of Life
CMO COVID-19 labor expenses $4,750,000
CMO Homeless Support Program $1,000,000
CMO Mental Health Clinician Program – Partnership with BHRS $800,000 CMO Blight Abatement* $750,000
CED Downtown Beautification $700,000
Fire Emergency Medical Service equipment $600,000
CMO Grants to neighborhoods $120,000
Governance and Service Delivery
Fire Fire Station 1 Deferred Maintenance $2,000,000
PW Forestry Program Enhancements* $1,850,000
CED General Plan Update $700,000
IT Discoverer Replacement $500,000
IT Cybersecurity Mitigation $490,000
IT TSP Battery Back Up System Upgrade $250,000
PRN Address deferred maintenance at various parks and public facilities $1,270,028 UTL Upgrade secure online service application software for Utility billing $60,000 TOTAL $22,948,528
*Proposed funding for 2 years
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Contribution Funding Agreement – 2022-02-08

CITY OF MODESTO PANDEMIC RECOVERY STRATEGY - MODESTO FORWARD

FUNDING CONTRIBUTION AGREEMENT
This FUNDING CONTRIBUTION AGREEMENT (“Agreement” is entered into in the City of Modesto, State of California, this ____ day of __________ of ____________ 20__ (“Effective Date”) by and between the City of Modesto, a California municipal corporation (“City”), and the _______ (“Recipient”). The City and the _________ shall be collectively referred to hereinafter as the “Parties”.

This Agreement is made with regard to the following recitals:

WHEREAS, on June 22, 2021, by Resolution No. 2021-194, Council approved the Pandemic Recovery Strategy – Modesto Forward, hereinafter referred to as “Modesto Forward”, to support local recovery from the pandemic.

WHEREAS, in alignment with the City’s 5-Year Strategic Plan, Modesto Forward includes three post pandemic funding initiatives to help the community exit the pandemic period and focused on Economic Vitality, Governance and Service Delivery, and Quality of Life.

WHEREAS, Economic Vitality initiatives are intended to improve the economic vitality of the community; Governance and Service Delivery initiatives are intended to improve the organization and service delivery for residents; and Quality of Life initiatives are intended to improve the quality of life for residents.

WHEREAS, Modesto Forward includes a comprehensive spending plan, which may include American Rescue Plan Act funding, to programs supporting the post pandemic initiatives.

WHEREAS, the Recipient has been approved by the City to receive funding from the City’s Pandemic Strategy – Modesto Forward, as identified in the Post Pandemic Initiatives, herein incorporated as Exhibit “A” and upon the terms and conditions set out in this agreement.

NOW THEREFORE, the City and Recipient agree as follows:

1. Term of Agreement
This Agreement is effective as of the date first written above and continue until all contributions are expended or December 31, 2026, whichever comes first.

2. Contribution Payment
A. City agrees to pay to the Recipient a one-time contribution in the amount set in Exhibit A to this agreement, for the Scope of Work described in Exhibit “B”. The said contribution shall hereinafter be referred to as the “Contribution”. The City’s #29..
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payment of the Contribution is conditional upon the City’s receipt of American Rescue Plan Act funding to be allocated in the first of two tranches.

B. City and the Recipient acknowledge that certain items may arise during the term of this that may require action by either the City or the Recipient, or both, prior to the expiration of the term of this agreement. In such an event, the parties agree to meet within thirty (30) days of receipt of such a written request with the intent of negotiating a mutually agreeable solution, including a written amendment to this agreement, if necessary.

3. Contribution and Expenditure Schedule (as determined by Finance) A. Disbursement of the one-time contribution to the Recipient will be made via (wire/check/other) no later than _______________.

B. In accordance with the Coronavirus State and Local Recovery Funds program, Recipient shall obligate all contribution funds by December 31, 2024 C. In accordance with the Coronavirus State and Local Recipient Funds program, recipient shall expend all contribution funds, on program/projects identified in Exhibit B, no later than December 31, 2026.

D. Recipient shall return any unexpended contribution funds to the City no later than March 31, 2027.

4. Scope of Work / Use of Contribution
A. The Recipient shall apply the Contribution only to the project/program described in their Scope of Work, herein attached as Exhibit “B”.

B. The Scope of Work shall include the following:
i. Corporate profile
ii. Mission statement
iii. Amount of Contribution
iv. Use of Contribution as it relates to project/program’s overall budget v. Project/Program Manager responsible for Contribution vi. Outcomes expected as a result of the Contribution.

The Contribution shall be applied to the programs and projects described in the Scope of Work. The Contribution, or any party of the Contribution, may not be moved from one program/project to another without the written consent of the City.

5. Recognition of the City of Modesto Reporting Requirements The Recipient shall provide appropriate acknowledgement of the Contribution by using the City’s corporate logo or making a written acknowledgement in its publicity, promotional materials, information materials, press materials, at public occasions relating to the program, and on any website maintained by the Recipient.

6. Obligations of Recipient
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Throughout the term of this Agreement, the Recipient shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business. The Recipient warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the City with the services contemplated by this Agreement.

Recipient further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.

7. Department of Treasury Reporting Requirements
Recipient shall comply with the Department of the Treasury’s “Compliance and Reporting Guidance – State and Local Fiscal Recovery Funds” and submit reports to the City as scheduled and identified in Exhibit “C”. Each Recipient is required register and maintain an active registration with the System for Award Management (SAM) (https://www.sam.gov) in order to ensure timely receipt of funding contribution and complying with the Treasury reporting requirements.

8. Annual Reporting Requirements
Recipient shall submit and annual report to the City within 180 days of the end of the organization’s fiscal calendar. Annual Reports shall include:

A. Summary of activities and accomplishments, mandate and/or mission of the organization
B. List of Board Directors with title, contact information and mandate term of each Director
C. Organizational Chart
D. Financial Statements (audited)
E. Project/Program Expenditures-to-date (including receipts)

9. Audit Requirements
A. The Recipient shall keep and make available proper books of account and records of the financial management of the Contribution provided under this agreement, in accordance with generally accepted business and accounting practices.

B. The Recipient shall make its books, accounts and records available at all reasonable times for inspection and audit by representatives of the City, its employees, agents and the City of Modesto Director of Finance, to ensure compliance with the terms and conditions of this agreement.

C. The Recipient authorizes the City, its employees, agents and the City of Modesto Director of Finance, at all reasonable times to inspect and copy any records, invoices and documents in the possession or under the control of the Recipient which relate to the Contribution.

D. The Recipient shall provide financial statements as described in Section 5 above.

E. The Recipient shall make available governance information for audit purposes. #29..
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F. These audit requirements shall survive for five years beyond the termination of this agreement.

10. Preservation of Assets
Any assets purchased with the Contribution, the cost of which exceed $5,000, shall be preserved by the Recipient and shall not be sold, leased, given away or otherwise disposed of without prior written consent of the City.

11. Termination, Suspension and/or Repayment of Contribution The City may terminate, suspend and/or require repayment of the Contribution in the event of any of the following circumstances:

A. The Recipient breaches any term of this agreement;
B. The Recipient fails to provide the project/program, or any part of the project/program described in Exhibit “B” to this agreement, in accordance with the terms of this agreement;
C. The Recipient requires participants of the project/program described in Exhibit “B” to this agreement to participate in religious projects, programs and/or activities of the Recipient;
D. The Recipient suspends or fails to carry on and continuously conduct its operations;
E. In the opinion of the City there is a material adverse change in the Recipient’s ability to carry out any terms of this agreement;
F. The Recipient fails to notify the City of the resignation of a director of the Recipient or of any other change in the Recipient’s Board of Directors; G. The Recipient experiences a change in its governance structure and control, without the prior written knowledge of the City and that there are no satisfactory plans to address the change;
H. The Recipient undergoes significant disruption in delivery of the program due to changes in its governance structure and control without the prior knowledge of the City and there is no satisfactory plan to address the disruption; I. The Recipient has a partisan political affiliation and/or participates in partisan political activities.

J. The Recipient fails to meet its financial obligations and/or has a financial deficit/debt, and/or excess unrestricted reserves;
K. The Recipient shall repay the amount of the Contribution that has not been applied to the payment of expenses (that are documented by detailed receipts) for the program and activities described in Exhibit “B”, as of the date of termination of this agreement.

L. The Recipient becomes bankrupt or insolvent, goes into receivership or becomes subject to the provisions of any bankruptcy, insolvency, or any other Act for the benefit of creditors;
M. The Recipient goes into liquidation either voluntarily or under an order of a court of competent jurisdiction or makes a general assignment for the benefit of its creditors or otherwise acknowledges its insolvency;
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N. The Recipient fails to provide to the City a completed funding submission or outcomes report by the specified due date. The City may grant an extension for the filing of the funding submission or annual outcomes report at its sole discretion. Failure to provide a satisfactory report may result in the Recipient being ineligible for subsequent funding under the Pandemic Recovery Strategy, Modesto Forward, or any other City program;
O. The Recipient fails to provide any documentation requested by the City in accordance with the terms of this agreement;
P. The Recipient fails to meet any of the semi-annual reporting requirements to the Contribution agreement as set out in Section 5.

Q. The Recipient has made any material misrepresentation to the City or its representatives with respect to any of the matters contained herein and/or in the Recipient’s funding submission/proposal/application for the Contribution, or which have been made or may be made in the future surrounding these matters; R. A court of competent jurisdiction determines that the Recipient, at the time of receipt of the Contribution or any part thereof, lacked the legal capacity or was not legally entitled so to do, or by so doing was in violation of any applicable law or regulation.

12. Non-Assignment
The Recipient shall not assign the whole or any part of the Contribution. If the Recipient does assign the whole or any part of the Contribution, the amount assigned shall immediately be repaid to the City.

13. Indemnity and Liability
A. The Recipient shall indemnify and save harmless the City from any claims, demands, losses, costs, charges, actions and other proceedings, made or brought against, suffered by or imposed upon the City or its property in respect of any loss, damage or injury, including injury resulting in death, to any person or property directly or indirectly arising out of, resulting from or sustained by reason of negligence or otherwise of the Recipient, its employees, agents, volunteers, officers or directors.

B. The City shall not be liable to the Recipient or any other party in relation to the Contribution and/or the services provided by the Recipient pursuant to the terms of this agreement and the parties agree that the Recipient shall not be deemed an agent of the City for any purpose under this agreement. The Recipient shall be solely responsible for the payment of any individuals employed, engaged or retained by the Recipient for the purpose of assisting it in the fulfilment of its obligations under this agreement.

14. Insurance
The Recipient shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the #29..
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City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the City by certified mail, return receipt requested, for all of the following stated insurance policies.

In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Recipient shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days’ notice of the cancellation on the policies of insurance required hereunder (10 days’ notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice.

The Recipient shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled. (a) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000.
(b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent The Recipients and subcontractors; products and completed operations as applicable.
(c) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage . This insurance shall cover any automobile for bodily injury and property damage.
(d) Professional Liability insurance with a minimum limit of $1,000,000 per claim and policy aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.

If at any time any of said policies shall be unsatisfactory to the City, as to form or substance, or if a company issuing such policy shall be unsatisfactory to the City, the Recipient shall promptly obtain a new policy, submit the same to the Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the Recipient to furnish, deliver or maintain such insurance and certificates as above #29..
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provided, this Agreement, at the election of the City, may be forthwith declared suspended or terminated. Failure of the Recipient to obtain and/or maintain any required insurance shall not relieve the Recipient from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Recipient concerning indemnification. The City, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers for losses arising from work performed by The Recipient for the City. The Recipient's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager. The Recipient must deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.

THE RECIPIENT shall provide CITY with separate endorsements evidencing proof of the CITY’s additional insured status as to both the general liability and automobile liability insurance policies. In addition, THE RECIPIENT shall provide CITY with a Workers Compensation subrogation waiver by way of a separate endorsement. All endorsements referenced above must include the applicable policy number.

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

15. TERRITORIAL DELIVERY OF SERVICES AND ACTIVITIES
The Recipient shall operate within the territorial limits of the City of Modesto and the beneficiaries of the projects and programs, as identified in the Scope of Work, shall be the residents of the City of Modesto.

16. TERMINATION
Pending attorney review.

17. NOTIFICATION
Any notice, communication, amendment, addition or deletion to this Agreement, including change of address of either party during the term of this Agreement, which Recipient or City shall be required or may desire to make shall be in writing and may be personally served or, alternately, sent by prepaid first class mail to the respective parties as follows:

To City:
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City of Modesto
Park, Recreation and Neighborhood Department
P.O. Box 642
Modesto, CA 95353
To Recipient:

18. SEVERABILITY
If any portion of this Agreement 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 City statute, ordinance or regulation; the remaining provisions of this Agreement or the application thereof shall not be invalidated thereby and shall remain in full force and effect to the extent that the provisions of this Agreement are severable.

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

This paragraph is not intended to and does not waive the claim filing requirements found in California Government Code section 900 et seq. In the event that a timely and legally sufficient, arbitrable claim is filed by the Recipient with City, and the claim is rejected in whole or in part by City, this paragraph shall result in the conclusive, final, and binding resolution of all the issues presented in the claim by The Recipient so long as any issues presented by the claim are arbitrable. Claims rejected by City or by operation of law, shall be submitted by the Recipient to arbitration pursuant to the Arbitration Rules of the American Arbitration Association within ninety (90) days after mailing of the written rejection by City to the Recipient. Otherwise, the claim or claims shall be deemed waived in their entirety.
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The “fast track’ rules of the American Arbitration Association shall apply to any claim or counterclaim less than ONE HUNDRED FIFTY THOUSAND AND 00/100 ($150,000.00) DOLLARS. In arbitration not proceeding under the “fast track” rules, the arbitrator shall have the power to order that depositions be taken and other discovery be made. Both City and the Recipient shall have the right, upon written notice, to take no more than three (3) depositions of the other as a matter of right in an arbitration proceeding under the “fast track” rules.

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

The arbitrator may grant any remedy or relief deemed by the arbitrator just and equitable under the circumstances, whether or not such relief could be awarded in a court of law. The arbitrator shall be empowered to award monetary sanctions against a party for failure of cooperation in the arbitration. The arbitrator shall, in written award, allocate all the costs of the arbitration, including the fees of the arbitrator and the reasonable attorney fees of the prevailing party, against the party who did not prevail.

The prevailing party shall be the party in whose favor the majority of the central issues in the case are resolved.

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

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

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

20. AMENDMENT OF AGREEMENT
This agreement may be amended only by written agreement between the parties. No amendment of any of the terms or provisions of the agreement shall be deemed valid unless it is in writing. Amendments to Exhibits “A” and “B” may be made by written agreement between the parties, provided that the overall objectives of the programs and projects described in the exhibits are not altered. #29..
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21. GENERAL PROVISIONS
A. Binding Agreement. This agreement shall be binding on and inure to the benefit of the City, the Recipient and their respective successors and assigns, except that neither of the parties to this agreement shall assign any of these rights or obligations with respect to this agreement without the prior written consent of the other party.

B. Enforceability. Any provision of this agreement, which is or becomes prohibited or unenforceable in any jurisdiction, shall not invalidate or impair the remaining provisions of this agreement which shall be deemed severable from the prohibited or unenforceable provision and any prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable that provision in any other jurisdiction.

C. The fact that the City refrains from exercising a remedy it is entitled to exercise under this agreement shall not be considered to be a waiver of such right and, furthermore, partial or limited exercise of a right conferred upon the City shall not prevent the City in any way from later exercising any other right or remedy under this agreement or other applicable law.

D. Modification. No provision in this Agreement shall be amended, modified, or waived other than by an instrument in writing signed by authorized representatives of the Parties.

E. City is not the Employer of the Recipient. The Recipient, its employees, agents and volunteers, shall not be deemed to be employees of the City for any purpose.

F. Business License. Recipient will have a valid City of Modesto Business License.

G. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding chose of law rules.

H. Construction of Agreement. This Agreement, including all recitals, together with all Exhibits, constitutes the entire agreement between the Parties and supersedes all prior negotiations, representations, drafts regarding this Agreement, whether written or oral. In the event of a dispute between the Parties as to the language of this Agreement or any amendment to this Agreement, the construction or meaning of any term contained in this Agreement or any amendment to this Agreement shall be deemed to have been drafted by the Parties in equal parts so that no presumptions or inferences concerning its terms or interpretation may be construed against, or in favor of, either party based on the preparation or negotiation of this Agreement or any amendment to this Agreement. The headings contained in this Agreement are for convenience of reference only and shall not effect this Agreement’s construction or interpretation.

IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Funding Contribution Agreement in duplicate by its City Manager and attested by its City Clerk under authority of Resolution No. _________, adopted by the Council of the City of Modesto on the #29..
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_____________-day of _____________________, 2022 and _____________________has caused this Agreement to be duly executed.
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OFFICE OF THE CITY CLERK

NOTICE OF SPECIAL MEETING
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, FEBRUARY 8, 2022, at 3:30 P.M.
and after the regularly scheduled meeting via Zoom.

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

PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Pursuant to Section 54957 of the Government Code)
Title: City Manager
February 4, 2022 BY ORDER OF THE CHAIR
/S
Dana Sanchez, Interim City Clerk
Posted pursuant to Government Code Section 54956 on the bulletin board at Tenth Street Place on at by
date time signature
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TO: THE CLERK OF THE CITY OF MODESTO
RE: CLOSED SESSION
Pursuant to Section 2-1.02 of the Modesto Municipal Code, you are hereby authorized and empowered to call a special Closed Session meeting of the Council of the City of Modesto to be convened on
TUESDAY, FEBRUARY 8, 2022, at 3:30 P.M.
and after the regularly scheduled meeting via Zoom.

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

PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Pursuant to Section 54957 of the Government Code)
Title: City Manager
February 4, 2022 BY ORDER OF THE CHAIR
/S
__________________________
SUE ZWAHLEN, Mayor
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Modesto City CouncilFebruary 8, 2022

Modesto City Council
February 8, 2022