Agenda packet — Modesto City Council, May 3, 2022 (part 3 of 3)

First Tee ran its programming at the City’s Muni Golf Course (Muni). In early 2020, by Resolution No. 2020-025, Council approved closing Muni and relocating the First Tee to Dryden Golf Course (Dryden) prior to the end of the year. In March 2020, due to the pandemic, Muni was closed and not reopened. Later that year, the First Tee began operating its programming at Dryden.

DISCUSSION:

In June 2020, the City identified two parcels (APNS 037-036-007 and 037-051-001) of Cityowned real property located adjacent to Dryden which could be developed for youth programming (Site). With the Club’s lease ending and the early closure of Muni, an alliance to offer youth programming on the proposed site appeared to be a viable option. Both organizations and City staff met over the two years and collectively agreed on the following:
1) Memorandum of Understanding between the Boys and Girls Clubs of Stanislaus County and the First Tee to form a partnership to relocate operations to the proposed Site. 2) Phased Development Plan for the Site (Project).
a. Phase I – Relocation and installation of the Club’s modular building (from Martin Luther King Jr. Park to the new site), grading, drainage, pedestrian access, utility connections, and landscaping.
b. Phase II – Installation of multi-purpose turf sports field, mini basketball court, and playground area.
c. Phase III - Installation of a putting green, chipping green, sand trap, and threehole golf course and practice area. 3) Identify and secure funding sources, including approved Community Development Block Grant funds, partner contributions, and fundraising efforts (by Partners).

Phase I

1. Memorandum of Understanding (MOU).

The MOU between the Boys and Girls Clubs of Stanislaus County and the First Tee has been fully executed (January 27, 2022). The MOU recognizes the partnership between both agencies and their collective desire to work together in the development and relocation of their respective operations and programming to the Project Site and incorporate it as part of Dryden.

2. Community Development Block Grant Funding.

On April 29, 2021, the CH & CDC reviewed, approved and forwarded the proposed Program Year 2021-2022 Annual Action Plan (Annual Action Plan) to Council for review and approval. The Annual Action Plan includes the allocation of Community Development Block Grant (CDBG) funding, in the amount of $513,964, for Phase I of the Project.

On May 11, 2021, by Resolution No. 2021-178, Council approved the Annual Action Plan.

3. Construction.

Construction of Phase I is currently underway.

4. Lease Agreements.
#19..
- 630 -
City Council, May 3, 2022
Lease Agreements with Del Rio CC Foundation (First Tee – Central Valley) and the Boys and Girls Clubs of Stanislaus County

Page 3 of 4 ends

Lease Agreements between the City and Club and the City and First Tee are required for each organization’s use of the Leased Premises. The general terms and conditions of the Lease Agreements for both organizations are summarized as follows:
 Term: Ten Years (February 1, 2022 through January 31, 2032) with two (2) tenyear options to extend (upon mutual agreement between all parties).  Site/Leased Premises:
o APN 037-036-007
o APN 037-051-001
o Access to APN 037-036-003 – for use of Dryden Golf Course parking lot.  Rent: $1.00/year.
 Tenant Responsibilities: business licenses, insurance, site repairs, maintenance, security, payment of utilities, taxes, and applicable applications and permits.  Development, Improvements, Alterations, & Additions:
o Plans shall be submitted to City for review and approval o Shall be funded by Club, First Tee, and their partners. o Shall become the property of the City upon expiration or early termination of the Lease Agreements.
 First Tee acknowledges the ownership of the modular building identified in Phase I is, and shall remain, the sole property of the Boys and Girls Clubs of Stanislaus County.
 Upon expiration or termination of the Agreement, Club shall remove all temporary improvements made by the Club relative to the installation and erection of the modular building. Club shall restore the modular building site to the satisfaction of the City.

FISCAL IMPACT:
$513,394 in CDBG funding has been allocated for construction of Phase I. There is no impact to the General Fund.

COMMITTEE RECOMMENDATION:

This item was previously considered by the Citizens Housing and Community Development Committee on April 28, 2022 which recommended the lease agreements be forwarded to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving lease agreements between the City of Modesto and Del Rio CC Foundation (First Tee – Central Valley) and the City of Modesto and the Boys and Girls Clubs of Stanislaus County for lease of property located on Roselawn Avenue (APNs 037- 036-007 and 037-051-001) for operation of youth programming, and authorizing the City Manager, or his designee to execute the lease agreements.

Approved by:

Laurie A. Smith, Director
Parks, Recreation and Neighborhoods Department
#19..
- 631 -
City Council, May 3, 2022
Lease Agreements with Del Rio CC Foundation (First Tee – Central Valley) and the Boys and Girls Clubs of Stanislaus County

Page 4 of 4 ends

Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Development Plan

3. Lease Agreement – Boys & Girls Clubs of Stanislaus County

4. Lease Agreement – Del Rio CC Foundation
#19..
- 632 -
Council Date/Department/Contact Name 1 2002-?

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-?

RESOLUTION APPROVING LEASE AGREEMENTS BETWEEN THE CITY OF MODESTO AND DEL RIO CC FOUNDATION (FIRST TEE – CENTRAL

VALLEY) AND THE BOYS AND GIRLS CLUBS OF STANISLAUS COUNTY FOR LEASE OF PROPERTY LOCATED ON ROSELAWN AVENUE (APNS 037- 036-007 AND 037-051-001) FOR OPERATION OF YOUTH PROGRAMMING.

WHEREAS, the City owns real property, APN 037-036-007 and APN 037-051- 001 on Roselawn Avenue adjacent to the Dryden Golf Course (Dryden); and WHEREAS, the City has worked with the Boys and Girls Clubs of Stanislaus County (Club) and Del Rio CC Foundation, also known as the First Tee – Central Valley (First Tee) to relocate both organization’s youth programming operations to the real property site (Property); and
WHEREAS, the Boys and Girls Clubs of Stanislaus County’s mission is to impact the lives of young people by providing educational programs that enable young people to reach their full potential as productive, caring and responsible adults; and WHEREAS, by Resolution No. 2016-19, Council approved a Community Development Block Grant (CDBG) which helped finance the purchase and installation of a custom modular building for the Club in an area of Martin Luther King, Jr. Park (formerly Mellis Park), and by Resolution No. 2016-19, leased the park site to the Club for five years; and
WHEREAS, First Tee – Central Valley is a youth development organization that enables kids to build strength of character by integrating the game of golf with a life skills curriculum designed to build inner strength, self-confidence, and resilience in kids that they can carry to everything they do; and
#19..
- 633 -
Council Date/Department/Contact Name 2 2002-?
WHEREAS, by Resolution No. 2020-025, Council approved the closure of Muni Golf Course (Muni) and relocating the First Tee program from Muni to Dryden Golf Course; and
WHEREAS, on March 13, 2021, First Tee ceased programming at Muni and relocated to Dryden Golf Course later that year; and
WHEREAS, on January 27, 2022, the Club and First Tee entered into a Memorandum of Understanding to form a partnership to relocate operations to the Property; and
WHEREAS, the City collaborated with the Club and First Tee on a plan to develop the site in phases; and
WHEREAS, by Resolution No. 2021-178, Council approved $513,394 in CDBG funding in the Annual Action Plan, to fund Phase I; and WHEREAS, Phase I, relocation and installation of the Club’s modular from Martin Luther King Jr. Park to the Property is currently underway; and WHEREAS, City desires to lease Property to First Tee and Club for ten years with, upon mutual agreement, the option to extend for an additional two (2) ten-year terms; and
WHEREAS, City will charge each organization One Dollar ($1) in rent per year; and
WHEREAS, Phases II and III will be financed and installed by the Club and First Tee at a later date.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves Lease Agreements between the City of Modesto and the Boys and #19..
- 634 -
Council Date/Department/Contact Name 3 2002-?
Girls Clubs of Stanislaus County and the City of Modesto and Del Rio CC Foundation, for operation of youth programming at APN 037-036-007 and 037-051-001.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is authorized to execute the lease agreements, approved as to form by the City Attorney. #19..
- 635 -
Council Date/Department/Contact Name 4 2002-?
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the ? day of ?, ?, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

DIANE NAYARES-PEREZ, City
Clerk
APPROVED AS TO FORM:

BY: ___________________________
JOSE M. SANCHEZ, City Attorney
#19..
- 636 -

BOYS & GIRLS CLUB MODULAR BUILDING AT DRYDEN

CONCEPT MASTER PLAN

PARCEL MAP
Parks Planning and Development Division
July 2021 CP
ROSELAWN AVE.

MODULAR

BUILDING
PHASE 1
PHASE 3
A
(66) YARDS
(63) YARDS
(96) YARDS
PHASE 2
APN 037-036-003
APN 037-036-007
APN 037-036-003
APN 037-051-001
100 YR FLOOD ZONE
100 YR FLOOD ZONE
#19..
- 637 -
1 LEASE AGREEMENT
This Agreement (“Agreement”), is made and entered into on this _________ day of _____2022 (“Effective Date”), between the City of Modesto (“City”) and Boys and Girls Club of Stanislaus County, a California non-profit corporation (“Club”) herein collectively referred to as “Parties”, for the lease of real property on Roselawn Avenue (APNS 037-036-007 and 037-051- 001), herein referred to as “Leased Premises”.

RECITALS
This Agreement is made with regard to the following Recitals:

WHEREAS, the City owns real property located on Roselawn Avenue, and known as APN 037-036-007 and APN 037-051-001; and
WHEREAS, the City desires Club to continue to provide innovative and quality programs to serve the youth community in and around Stanislaus County; and WHEREAS, Club and the First Tee have entered into a Memorandum of Understanding on January 27, 2022, forming a partnership to collectively move a portion of their operations to the Leased Premises; and
WHEREAS, this Agreement does not affect the obligations and rights of the Club or City pursuant to the Memorandum of Understanding entered into on January 27, 2022, which remains in full force and effect; and
WHEREAS, Club and the First Tee collectively desire to work towards a three-phased development plan, as shown in Exhibit B, on the Leased Premises to include:

Phase 1: The City shall be responsible for all costs and expenses associated with the installation of Club’s modular building, grading, and drainage, pedestrian access, utility connections, and landscaping. The Club shall be responsible for all costs and expenses associated with the installation and maintenance of: (1) irrigation system; (2) permanent fencing surrounding #19..
- 638 -
2 the modular building; (3) interior flooring and outside modular building trim; and (4) landscaping in the vicinity of the modular building. The Club and First Tee shall be responsible for all costs and expenses associated with the design, installation, and maintenance of light poles and security cameras in the vicinity of the modular building.

Phase 2: Installation of a multi-purpose turf sports field, mini basketball court, and playground area by the Club.

Phase 3: Installation of putting green, chipping green, sand trap and a three-hole golf course and practice area on the property by First Tee as shown in Exhibit B; and
WHERAS, the timing of the completion of each phase will be determined by funding resources; and
WHEREAS, Five Hundred Thirteen Thousand Eight Hundred Ninety-Four Dollars ($513,964) in Community Development Block Grant (CDBG) funds have been awarded to be used in Phase 1; and
WHEREAS, Club and the First Tee shall enter into independent agreements with the City for lease and use of the real property.

NOW, THEREFORE in consideration of this Agreement, and mutual promises, covenants and stipulation hereinafter contained, Club, in full partnership and cooperation with the First Tee, hereinafter referred to as “Partners” agrees as follows:

1. Statements True and Correct. Each of the factual statements set forth in the recitals is true and correct in its entirety.

2. Parties.
a. Boys and Girls Club of Stanislaus County is a non-profit public health benefit corporation and is not organized for the private gain of any person. Its mission is to #19..
- 639 -
3 impact the lives of young people by providing educational programs that enable young people to reach their full potential as productive, caring, and responsible adults. b. City of Modesto – The City of Modesto owns real property located off of Roselawn Avenue adjacent to the Dryden Park Golf Course (APN 037-036-007 and APN 037- 051-001).

The City desires to lease real property to the Club and First Tee, to be used to enhance the learning experience for the youth of Modesto. A three-hole practice golf course and youth mini-park shall be developed for this purpose.

3. Term.
a. The term of this Agreement commences on May 3, 2022 and shall remain in full force and effect until May 2, 2032 or until such time as this Agreement is terminated by either Party, upon ninety (90) days' advance written notice to the City and its partners.

4. Options to Extend. Upon mutual agreement between the City and Partners, City may extend this Agreement for an additional two (2) ten-year terms.

5. Rent. Club agrees to pay City the amount of One and no 100ths dollar ($1.00) per year as consideration for the mutual covenants, promises, and obligations contained herein.

Payment shall be made on the Effective Date of the Agreement and on February 1st each year thereafter.

6. Site Conditions. Partners accept the Leased Premises, as well as the improvements located on the real property, in the present condition, and stipulate with the City that the Leased Premises and improvements are in a good, clean, and safe condition as of the Effective Date of this Agreement. Club acknowledges that neither City nor Club’s agent has made any representation or warranty as to the present or future sustainability of the Leased Premises for the conduct of the Club’s business. #19..
- 640 -
4 7. Hazardous Materials Prohibited.
a. Partners shall use the Leased Premises exclusively for the purposes stated in Section 2. Partners covenant that they will not generate, handle, transport, treat, release, use, store, or dispose of on the property “hazardous waste” or “hazardous substances, as “hazardous waste” or “hazardous substances” may now or in the future be defined by any federal, state, or local government body or agency.

Partners further agree periodically to furnish City with proof, satisfactory to City, that Partners are in such compliance.
b. With the exception of minor amounts of Hazardous Materials customarily and lawfully used in conjunction with the purposes stated in Section 1, Partners, their employees, contractors, agents, and any party acting on behalf of Partners, shall not store, uses, treat, generate, or dispose of “Hazardous Material(s)” at the Leased Premises or other property owned by the City. “Hazardous Material(s)” means any substance that, by itself or in combination with other materials, is either (i) generally regarded injurious to public health, safety, or the environment; or (ii) now or in the future regulated by any federal, state, or local governmental authority as potentially injurious to public health, safety, or the environment.

Partners, their employees, contractors, agents, and any party acting on behalf of the Partners shall comply, and shall keep the Lease Premises in compliance, with all laws and regulations relating to Hazardous Materials (“Environmental Laws”). c. Partners shall promptly provide City with copies of any document, correspondence, report or communication, written or oral, relating to Hazardous Materials at or affecting the Leased Premises to or from any regulatory body, or stating a basis for potential liability or responsibility of the Partners, City, or the Leased Premises; including all such documents, correspondence, reports or communications prepared by or on behalf of the Partners. In addition to the above, at City’s request, Partners shall provide copies of any and all records and communications.
d. Partners shall immediately notify City in the event of a suspected or confirmed release of a Hazardous Material or violation of Environmental Laws at or affecting the Leased Premises or other property owned by City and caused by or #19..
- 641 -
5 related to the operations of the Partners, their employees, contractors, agents, or any party acting on behalf of the Partners, at the City’s satisfaction or reimburse City’s cost of remediation (including reasonable attorneys’ and consultants’ fees); and compensate City and/or third parties for all resultant damage. e. Partners shall permit city reasonable access to the Leased Premises for the purpose of conducting an environmental audit or testing, the cost of which shall be borne by the City unless the results indicate activity prohibited by Environmental Laws or hereunder.
f. Upon expiration or other termination of this Agreement, Partners shall remove all Hazardous Materials from the Leased Premises caused by the acts of omission of the Partners, its officers, agents, contractors, employees, or invitees, and at City’s option cause to be performed and provided to City an environmental audit of the Leased Premises, using a consultant reasonably acceptable to City, and correct at its expense, any deficiencies noted by the audit.
g. The obligations regarding Hazardous Materials shall survive the termination of this Agreement.

8. Maintenance and Repairs. The Leased Premises is leased to the Partners in an “as is” condition and all costs for adapting such facilities to the Club’s and First Tee’s business purposes shall be borne by the Partners. Partners shall:
a. At no cost to the City, make ordinary repairs to the Leased Premises necessary to keep said Leased Premises in a tenantable condition. Such repairs shall be made promptly in a good and workmanlike manner, in compliance with all applicable laws of governmental authorities, and in a style and character conforming to the existing and new construction.
b. Report to City, in a timely manner, all damage, breakage, and notice of repairs to be made.
c. At no cost to the City, maintain the Leased Premises in a safe, clean, and sanitary manner, including the modular buildings, any ancillary buildings, and landscaping, and to keep the entire property reasonably free from noxious weeds and grasses. #19..
- 642 -
6 d. At no cost to the City, upon expiration of this Agreement, leave the Leased Premises in good order, condition, and repair, reasonable and ordinary wear, tear and damages by the elements or circumstances over which neither Partner has no control excepted. e. Acknowledge that Partners have conducted a full inspection of the Leased Premises and are therefore reasonably and actually aware of its condition and state of repair.
f. Acknowledge that the City is allowing use of the premises on an "as is with all faults" basis and that neither Partner is relying on any representations or warranties of any kind whatsoever, expressed or implied, from City as to any matters concerning the premises, including without limitation the compliance of the Leased Premises or its operation with any applicable codes, laws, regulations, statutes, ordinances, covenants, conditions and restrictions of any governmental or quasi-governmental entity or of any other person or entity. g. Acknowledge that the City is not providing any security for the Leased Premises, and it is the Partners’ responsibility to provide any security and maintain any fencing at the Leased Premises.

9. Developments, Improvements, Alterations, and Additions. a. Partners shall submit preliminary plans for any Phase II and III development, alternation, addition, or other improvement on or to the Leased Premises, to the City for review and approval in the form of a “Notice to Proceed”. If the City fails to affirmatively approve or disapprove the proposed Phase II and III development, alteration, addition, or other improvement on or to the Leased Premises shall be deemed disapproved.
b. For any Phase II and III development, alteration, addition, or other improvement on or to the Lease Premises, Partners shall obtain all necessary governmental permits and compliance with all applicable governmental laws, regulations, ordinances, and codes. c. Partners and the City will undertake the development of Phase I as described in Exhibit B.
d. City and Partners acknowledge the ownership of the modular building identified in Phase I is, and shall remain, the sole property of the Club. #19..
- 643 -
7 e. Except as otherwise provided in Section 17 of this Agreement, all improvements, infrastructure, and fixtures attached to the real property shall become the property of the City upon expiration or early termination of this Agreement. f. City may consent to any temporary or permanent alteration, addition, or improvement and determine whether such alteration, addition, or improvement is a public work under the City’s charter or municipal code. If such alteration, addition, or improvement is a public work, City may require, as a condition of its consent, that Partners adhere to all applicable bidding procedures relative to the construction and installation of such alteration, addition, or improvement, and ensure that prevailing wage requirements are met.
g. In the event that any temporary or permanent alteration, addition, or improvement is made by Partners in accordance with the provisions herein, Partners shall provide such faithful performance bonds, payment bonds and labor bonds as City may reasonably demand. The terms and provisions of the construction contract to accomplish any such action shall be subject to prior approval by the City.

10. Utilities. Partners agree to pay all utility bills, including, but not limited to, all bills for water, sewer, storm, and garbage and to pay same promptly when due, holding City harmless therefrom. Notwithstanding the previous sentence, Partners shall not be responsible for payment for use of well water used exclusively for irrigation purposes on the Leased Premises.

11. Taxes. Partners shall pay any real property taxes, taxes, assessments or fees assessed against the Leased Premises or any property of with the Partners are a part of at any time where such taxes result from the modular building that the Partners are obligated to pay.

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

13. Parking. Partners and their participants shall have access to and use of the Dryden Golf Course parking lot located at 920 Sunset Avenue, Modesto, CA 95354. #19..
- 644 -
8 14. Naming Rights. All naming rights and advertising done on the Leased Premises must be approved in writing by the City.

15. Employees. No relationship of employer and employee is created by this Agreement.

City is not the agent, employee or employer of the Club in any capacity whatsoever and the Club is not the agent, employee or employer of City in any capacity whatsoever.

Neither Club nor any of its employees, contractors or agents, shall by virtue of this Agreement or by the performance of actions pursuant to this Agreement be an employee of City for any purpose whatsoever nor shall it or they be entitled to any of the rights, privileges, or benefits of City employees.

16. Entry.
a. Club shall have full and unimpaired access to the Leased Premises at all times during the term of this Agreement.
b. The City, or its duly authorized representatives or agents, may upon giving Club forty-eight (48) hours written notice, enter upon the Leased Premises during the term of this Agreement for the purpose of determining whether Club is complying with the terms and conditions hereof, or for any other purpose incidental to the rights of the City, except in the case of responding to an emergency, in which no notice shall be required.

17. Club Obligations.
a. Club agrees it will not assign, sell, mortgage, or sublet the modular building located on the Leased Premises except to the First Tee. b. Upon expiration or termination of the Agreement, whichever comes first, Club shall remove all temporary improvements made by the Club relative to the installation and erection of the modular building.
c. Upon expiration or termination of the Agreement, whichever comes first, Club shall have the option to remove all fixtures installed or erected by the Club on the Leased Premises. In the event that Club chooses to exercise the option to remove #19..
- 645 -
9 such fixtures, Club shall, at its sole cost and expense, restore the area of the Leased Premises on which the fixtures are removed to the satisfaction of the City. d. Upon removal of the modular building, Club shall restore the modular building site to the satisfaction of the City.
e. Club shall be responsible for the landscaping/irrigation in the immediate vicinity or adjacent to the modular building.

18. Compliance with Laws. Club shall be responsible for the landscaping/irrigation in the immediate vicinity or adjacent to the modular building. Compliance with Laws. Club, at its sole cost and expense, shall comply with all applicable local, state and federal laws pertaining to the use, operation and management of the Leased Premises, including but not limited to, laws relating to Americans with Disabilities Act. Club shall not itself use the Leased Premises for any unlawful purpose or perform, permit or suffer any act of omission or commission upon or about the Leased Premises which would result in a nuisance or a violation of law. Club shall use its best efforts to not permit any permittees, Club guests or invitees to use the Leased Premises for any unlawful purpose or perform, permit or suffer any act of omission or commission upon or about the Leased Premises which would result in a nuisance or a violation of law or any environmental contamination.

19. Termination of Agreement by City. City shall have the right to immediately terminate this Agreement, in whole or in part, on the occurrence of any of the following events:
a) Filing by or the final adjudication of Club of any petition in bankruptcy or the making of any transfer of general assignment for the benefit of creditors which has not been previously authorized by the City.
b) The failure of Club in the sole discretion of the City to perform substantially or keep or observe any of the terms, covenants and conditions which it is obligated to perform, keep or observe under this Agreement after the expiration of a thirty (30) day period of warning or ultimatum given in writing by the City to the Club to correct any such deficiency or default.
c) The abandonment of the Leased Premises or any portion thereof of discontinuance of #19..
- 646 -
10 the Club’s presence, or any potion thereof. Should this occur, the City shall not be responsible for the custodial protection of merchandise, fixtures, or equipment abandoned, even though it may be necessary for the City to remove same from the Leased Premises for storage or disposal.
d) The default of the Agreement or any or any portion thereof. Should this occur, the City shall not be responsible for the custodial protection of merchandise, fixtures, or equipment abandoned, even though it may be necessary for the City to remove same from the Leased Premises for storage or disposal.

20. Failure to Vacate Leased Premises. Club agrees to vacate the Leased Premises upon expiration or termination of this Agreement, whichever occurs first. If Club fails to vacate the Leased Premises, as provided herein, Club agrees that City, or its authorized agents, may enter upon the Leased Premises and remove all personal property therefrom and destroy the same and in this event, Club waives any and all claims for damages against City, its agents or employees. Nothing herein shall be deemed a waiver of any rights of City to demand and obtain possession of Leased Premises in accordance with law in the event of a violation of the Club’s part of any of the terms or conditions hereof.

21. Not a Partnership. It is mutually understood and agreed that nothing in this Agreement is intended or shall be construed as in any away of creating or establishing a partnership between the City and the Club, or as constituting Club as agents or representatives of City for any purpose or in any manner whatsoever.

22. Force Majeure. Neither the City nor the Club shall be liable for any delay or default in the performance of all or any part of this Agreement if such delay or default is caused by conditions beyond its control, including but not limited to, acts of the elements, fires, floods, or other casualties, global pandemics, accidents, strikes, work stoppages and continuing domestic or international problems, such as war, riot, insurrection, revolution, acts of public enemy, sabotage, government instability, or changing government without the benefit of constitution. In such event, the party #19..
- 647 -
11 requesting excuse from performance shall notify the other party within five (5) business days of such an occurrence and the time for performance shall be extended for the length of any such delay.

23.Insurance. Club agrees to provide, at its own expense, and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City of Modesto. 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 of Modesto by certified mail, return receipt requested, for all of the following stated insurance policies. Club shall provide the City with separate endorsements evidencing proof of the City's additional insured status as to the general liability policy and automobile liability policies. In addition, Club shall provide the City with a Worker's Compensation subrogation waiver by way of a separate endorsement. All endorsements referenced below must include the applicable policy number.
a. General Liability - insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury, personal 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 limit.

The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent contractors and subcontractors; products and completed operations as applicable.
b. Automobile Liability- insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage.
c. Workers' 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. This provision shall not apply upon written verification by Club that Club has no employees.
#19..
- 648 -
12 LIST THE FOLLOWING INFORMATION ON THE CERTIFICATE OF INSURANCE IN THE AREA TITLED "DESCRIPTION OF OPERATIONS" AND IN
ENDORSEMENTS.

Description: City of Modesto Lease Agreement – Club (APNs 037-036-007 and 037- 051-001)
Endorsement: "The City of Modesto, its Agents, Officers, Officials, Employees & Volunteers are named as additional insured per the attached endorsement."
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, Club shall promptly obtain a new policy, submit the same to Risk Manager for approval and submit a certificate thereof as hereinabove provided.

Upon failure of Club to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the City, may be forthwith declared suspended, or terminated. Failure of Club to obtain and/or maintain any required insurance shall not relieve Club from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of Club concerning indemnification. The City its agents, officers, officials, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation.

24. Indemnification. Club shall hold the City, its agents, officials, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not #19..
- 649 -
13 limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of the Club or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement, including but not limited to Club's occupation and use of the Leased Premises.

Club's obligation to defend, indemnify, and hold the City, its agents, officers, and by any requirement in this Agreement for Club to procure and maintain a policy of insurance.

The City shall defend, indemnify and hold harmless Club free from any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission arising out of City's performance obligations under this Agreement.

The indemnification obligations provided in this section shall survive the term or termination of this Agreement.

25. City Business License. Club shall have and maintain a City of Modesto business license for the duration of the Term of this Agreement.

26. Non-Discrimination. Club shall not discriminate in any way against any person on the basis of race, sex, color, age, religion, sexual orientation, actual or perceived gender identity, disability, ethnicity, or national origin, in connection with or related to use or occupation of the Leased Premises.

27. Notices. All written notices and communication required to be given under the provisions of this Agreement shall be delivered personally or delivered by deposit in the United States mail, postage prepaid return receipt requested, and addressed as follows:
#19..
- 650 -
14 To City: City of Modesto
P.O. Box 642
Modesto, CA 95354
Attention: Laurie A. Smith, Director of Parks, Recreation and Neighborhoods
To Club: Boys & Girls Clubs of Stanislaus County
422 McHenry Avenue
Modesto, CA 95354
Attention: President & Chief Executive Officer

28. General Terms.
a. Waiver. Any waiver by City of any obligation or condition in this Agreement must be in writing. No waiver will be implied from any delay or failure by City to take action on any breach or default of Club or to pursue any remedy allowed under this Agreement or applicable law. Any extension of time granted to Club to perform any obligation under this Agreement shall not operate as a waiver or release from any of its obligations under this Agreement. Consent by City to any act or omission by Club shall not be construed to be a consent to any other or subsequent act or omission or to waive the requirement for City's written consent to future waivers. b. Amendments. This Agreement, including any exhibits hereto, shall not be amended except in writing, signed by the Parties. Any amendment or addendum to this Agreement shall expressly refer to this Agreement.
c. Applicable Law. This Agreement shall be interpreted under and be governed by the laws of the State of California.
d. Severability. Every provision of this Agreement is intended to be severable. If any provision of this Agreement shall be held invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired. e. Attorneys’ Fees. In the event that either party hereto shall commence any legal action or proceeding against the other by reason of the alleged failure of the other to perform any term, covenant, or condition of this Agreement by them to be performed or kept, the party prevailing in said action or proceeding shall be entitled to recover #19..
- 651 -
15 reasonable attorneys' fees to be fixed by the court, and such recovery shall include court costs and attorney’s fees on appeal if any. As used herein, “the party prevailing” means the party in whose favor final judgement is rendered and “legal action or proceeding” included arbitration.
f. Interpretation. This Agreement constitutes a fully-negotiated agreement among commercially sophisticated Parties, each assisted by legal counsel, and the terms of this Agreement shall not be construed or interpreted for or against any Party hereto because the Party or its legal representative drafted or prepared such provision. g. Rights. This Agreement does not create, and shall not be construed to create, any rights enforceable by any person, partnership, corporation, joint venture, limited liability company, or other form of organization or association of any kind that is not a Party to this Agreement.
h. Title of Parts and Sections. Any titles of the sections or subsections of this Agreement are inserted for convenience of reference only and shall be disregarded in interpreting any part of the Agreement’s provisions.
i. Language Construction. The language of each and all paragraphs, terms and/or provisions of this Agreement, shall, in all cases and for any and all purposes, and in any way and all circumstances whatsoever, be construed as a whole, according to its fair meaning, and not for or against any party hereto and with no regard whatsoever to the identity or status of any person or persons who drafted all or any portion of this Agreement.
j. Discretion of City. City's execution of this Agreement in no way limits the discretion of City in the permit and approval process in connection with any improvements by the Club.
k. Entire Agreement. This Agreement and any exhibits attached hereto constitute the sole and entire Agreement of the parties hereto with respect to the matters herein and correctly sets forth the rights, duties, and obligations of each to the other as of the date first written above. There are no other agreements or understandings, written or oral, between the parties regarding this Agreement other than those set forth herein. All prior or contemporaneous negotiations, agreements, and understandings, oral or written, are revoked, cancelled, and rescinded, and are all merged herein and #19..
- 652 -
16 superseded hereby.
l. Authority of the Parties. Each individual executing this Agreement on behalf of the respective Parties represents and warrants that he/she is duly authorized to execute this Agreement on behalf of the respective Parties.
m. Non-Liability of City Officials, Employees and Agents. No member, official, employee or agent of City shall be personally liable to the Club in the event of any default or breach by City or for any amount which may become due to the Club or its successor or on any obligation under the terms of this Agreement. n. No Third Party Beneficiaries. No person or entity, other than Club shall be deemed to be a third party beneficiary hereof; and nothing in this Agreement (either expressed or implied) is intended to confer upon any person or entity, other than City and Club (and their respective officers, City’s, employees and agents providing services under this Agreement) any rights, remedies, obligations or liabilities or by reason of this Agreement.

IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has caused this Lease Agreement to be executed in duplicate by its City Manager and attested by its City Clerk, under authority of Resolution No. 2022-____ adopted by the Council of the City of Modesto on the 3
rd day of May, 2022, and the Boys and Girls Clubs of Stanislaus County has caused this Lease Agreement to be duly executed in duplicate as of the Effective Date. #19..
- 653 -
1 LEASE AGREEMENT
This Agreement (“Agreement”), is made and entered into on this _________ day of _____2022 (“Effective Date”), between the City of Modesto (“City”) and Del Rio CC Foundation, a California non-profit corporation (“Club”) herein collectively referred to as “Parties”, for the lease of real property on Roselawn Avenue (APNS 037-036-007 and 037-051- 001), herein referred to as “Leased Premises”.

RECITALS
This Agreement is made with regard to the following Recitals:

WHEREAS, the City owns real property located on Roselawn Avenue, and known as APN 037-036-007 and APN 037-051-001; and
WHEREAS, the City desires Club to continue to provide innovative and quality programs to serve the youth community in and around Stanislaus County; and WHEREAS, Club and the Boys & Girls Clubs of Stanislaus County (“BGCSTAN”) have entered into a Memorandum of Understanding on January 27, 2022, forming a partnership to collectively move a portion of their operations to the Leased Premises; and WHEREAS, this Agreement does not affect the obligations and rights of the Club or City pursuant to the Memorandum of Understanding entered into on January 27, 2022, which remains in full force and effect; and
WHEREAS, Club and the BGCSTAN collectively desire to work towards a three-phased development plan, as shown in Exhibit B, on the Leased Premises to include:

Phase 1: The City shall be responsible for all costs and expenses associated with the Installation of BGCSTAN’s modular building, grading, and drainage, pedestrian access, utility connections, and landscaping. BGCSTAN shall be responsible for all costs and expenses associated with the installation and maintenance of: (1) irrigation system; (2) permanent fencing #19..
- 654 -
2 surrounding the modular building; (3) interior flooring and outside modular building trim; and (4) landscaping in the vicinity of the modular building. BGCSTAN and First Tee shall be responsible for all costs and expenses associated with the design, installation, and maintenance of light poles and security cameras in the vicinity of the modular building.

Phase 2: Installation of a multi-purpose turf sports field, mini basketball court, and playground area by BGCSTAN.

Phase 3: Installation of putting green, chipping green, sand trap and a three-hole golf course and practice area on the property by First Tee as shown in Exhibit B; and
WHERAS, the timing of the completion of each phase will be determined by funding resources; and
WHEREAS, Five Hundred Thirteen Thousand Nine Hundred Sixty-Four Dollars ($513,964) in Community Development Block Grant (CDBG) funds have been awarded to be used in Phase 1; and
WHEREAS, Club and the BGCSTAN shall enter into independent agreements with the City for lease and use of the real property.

NOW, THEREFORE in consideration of this Agreement, and mutual promises, covenants and stipulation hereinafter contained, Club, in full partnership and cooperation with BGCSTAN, hereinafter referred to as “Partners” agrees as follows:

1. Statements True and Correct. Each of the factual statements set forth in the recitals is true and correct in its entirety.

2. Parties.
a. Del Rio CC Foundation (First Tee – Central Valley) (“Club”) is a non-profit public health benefit corporation and is not organized for the private gain of any person. Its #19..
- 655 -
3 mission is to impact the lives of young people by providing educational programs that build character and instill life-enhancing values through the game of golf. b. City of Modesto – The City of Modesto owns real property located off of Roselawn Avenue adjacent to the Dryden Park Golf Course (APN 037-036-007 and APN 037- 051-001).

The City desires to lease real property to the Club and BGCSTAN, to be used to enhance the learning experience for the youth of Modesto. A pitch and putt golf course and golf practice area for youth shall be developed for this purpose.

3. Term.
a. The term of this Agreement commences on May 3, 2022 and shall remain in full force and effect until May 2, 2032 or until such time as this Agreement is terminated by either Party upon ninety (90) days' advance written notice to the City and its partners.

4. Options to Extend. Upon mutual agreement between the City and Partners, City may extend this Agreement for an additional two (2) ten-year terms.

5. Rent. Club agrees to pay City the amount of One and no 100ths dollar ($1.00) per year as consideration for the mutual covenants, promises, and obligations contained herein.

Payment shall be made on the Effective Date of the Agreement and on February 1st each year thereafter.

7. Hazardous Materials Prohibited.
#19..
- 656 -
4 a. Partners shall use the Leased Premises exclusively for the purposes stated in Section 2. Partners covenant that they will not generate, handle, transport, treat, release, use, store, or dispose of on the property “hazardous waste” or “hazardous substances, as “hazardous waste” or “hazardous substances” may now or in the future be defined by any federal, state, or local government body or agency.

Partners, their employees, contractors, agents, and any party acting on behalf of the Partners shall comply, and shall keep the Lease Premises in compliance, with all laws and regulations relating to Hazardous Materials (“Environmental Laws”). c. Partners shall promptly provide City with copies of any document, correspondence, report or communication, written or oral, relating to Hazardous Materials at or affecting the Leased Premises to or from any regulatory body, or stating a basis for potential liability or responsibility of the Partners, City, or the Leased Premises; including all such documents, correspondence, reports or communications prepared by or on behalf of the Partners. In addition to the above, at City’s request, Partners shall provide copies of any and all records and communications.
d. Partners shall immediately notify City in the event of a suspected or confirmed release of a Hazardous Material or violation of Environmental Laws at or affecting the Leased Premises or other property owned by City and caused by or related to the operations of the Partners, their employees, contractors, agents, or #19..
- 657 -
5 any party acting on behalf of the Partners, at the City’s satisfaction or reimburse City’s cost of remediation (including reasonable attorneys’ and consultants’ fees); and compensate City and/or third parties for all resultant damage. e. Partners shall permit city reasonable access to the Leased Premises for the purpose of conducting an environmental audit or testing, the cost of which shall be borne by the City unless the results indicate activity prohibited by Environmental Laws or hereunder.
f. Upon expiration or other termination of this Agreement, Partners shall remove all Hazardous Materials from the Leased Premises caused by the acts of omission of the Partners, its officers, agents, contractors, employees, or invitees, and at City’s option cause to be performed and provided to City an environmental audit of the Leased Premises, using a consultant reasonably acceptable to City, and correct at its expense, any deficiencies noted by the audit.
g. The obligations regarding Hazardous Materials shall survive the termination of this Agreement.

8. Maintenance and Repairs. The Leased Premises is leased to the Partners in an “as is” condition and all costs for adapting such facilities to the Club’s and BGCSTAN’s business purposes shall be borne by the Partners. Partners shall:
a. At no cost to the City, make ordinary repairs to the Leased Premises necessary to keep said Leased Premises in a tenantable condition. Such repairs shall be made promptly in a good and workmanlike manner, in compliance with all applicable laws of governmental authorities, and in a style and character conforming to the existing and new construction.
b. Report to City, in a timely manner, all damage, breakage, and notice of repairs to be made.
c. At no cost to the City, maintain the Leased Premises in a safe, clean, and sanitary manner, including the modular buildings, any ancillary buildings, and landscaping, and to keep the entire property reasonably free from noxious weeds and grasses. d. At no cost to the City, upon expiration of this Agreement, leave the Leased Premises in good order, condition, and repair, reasonable and ordinary wear, tear and damages by the elements or circumstances over which neither Partner has no control excepted. #19..
- 658 -
6 e. Acknowledge that Partners have conducted a full inspection of the Leased Premises and are therefore reasonably and actually aware of its condition and state of repair.
f. Acknowledge that the City is allowing use of the premises on an "as is with all faults" basis and that neither Partner is relying on any representations or warranties of any kind whatsoever, expressed or implied, from City as to any matters concerning the premises, including without limitation the compliance of the Leased Premises or its operation with any applicable codes, laws, regulations, statutes, ordinances, covenants, conditions and restrictions of any governmental or quasi-governmental entity or of any other person or entity. g. Acknowledges that the City is not providing any security for the Leased Premises, and it is the Partners’ responsibility to provide any security and maintain any fencing at the Leased Premises.

9. Developments, Improvements, Alterations, and Additions. a. Partners shall submit preliminary plans for any Phase II and III development, alternation, addition, or other improvement on or to the Leased Premises, to the City for review and approval in the form of a “Notice to Proceed”. If the City fails to affirmatively approve or disapprove the proposed Phase II and III development, alteration, addition, or other improvement on or to the Leased Premises shall be deemed disapproved.
b. For any Phase II and III development, alteration, addition, or other improvement on or to the Lease Premises, Partners shall obtain all necessary governmental permits and compliance with all applicable governmental laws, regulations, ordinances, and codes. c. Partners and the City will undertake the development of Phase I as described in Exhibit B.
d. City and Partners acknowledge the ownership of the modular building identified in Phase I is, and shall remain, the sole property of BGCSTAN. e. Except as otherwise provided in Section 17 of this Agreement, all improvements, infrastructure, and fixtures attached to the real property shall become the property of the City upon expiration or early termination of this Agreement. #19..
- 659 -
7 f. City may consent to any temporary or permanent alteration, addition, or improvement and determine whether such alteration, addition, or improvement is a public work under the City’s charter or municipal code. If such alteration, addition, or improvement is a public work, City may require, as a condition of its consent, that Partners adhere to all applicable bidding procedures relative to the construction and installation of such alteration, addition, or improvement, and ensure that prevailing wage requirements are met.
g. In the event that any temporary or permanent alteration, addition, or improvement is made by Partners in accordance with the provisions herein, Partners shall provide such faithful performance bonds, payment bonds and labor bonds as City may reasonably demand. The terms and provisions of the construction contract to accomplish any such action shall be subject to prior approval by the City.

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

13. Parking. Partners and their participants shall have access to and use of the Dryden Golf Course parking lot located at 920 Sunset Avenue, Modesto, CA 95354.

14. Naming Rights. All naming rights and advertising done on the Leased Premises must be approved in writing by the City.
#19..
- 660 -
8 15. Employees. No relationship of employer and employee is created by this Agreement.

City is not the agent, employee or employer of the Club in any capacity whatsoever and the Club is not the agent, employee or employer of City in any capacity whatsoever.

16. Entry.
a. Club shall have full and unimpaired access to the Leased Premises at all time during the term of this Agreement.
b. The City, or its duly authorized representatives or agents, may upon giving Club forty-eight (48) hours written notice, enter upon the Leased Premises during the term of this Agreement for the purpose of determining whether Club is complying with the terms and conditions hereof, or for any other purpose incidental to the rights of the City, except in the case of responding to an emergency, in which no notice shall be required.

17. Club Obligations.
a. Upon expiration or termination of the Agreement, whichever comes first, Club shall have the option to remove all fixtures installed or erected by the Club on the Leased Premises. In the event that Club chooses to exercise the option to remove such fixtures, Club shall, at its sole cost and expense, restore the area of the Leased Premises on which the fixtures are removed to the satisfaction of the City. b. Partners are responsible for maintaining landscaping on the Leased Premises in the same or better condition as of the Effective Date of this Agreement.

18. Compliance with Laws. Club, at its sole cost and expense, shall comply with all applicable local, state and federal laws pertaining to the use, operation and management of the Leased Premises, including but not limited to, laws relating to Americans with #19..
- 661 -
9 Disabilities Act. Club shall not itself use the Leased Premises for any unlawful purpose or perform, permit or suffer any act of omission or commission upon or about the Leased Premises which would result in a nuisance or a violation of law. Club shall use its best efforts to not permit any permittees, Club guests or invitees to use the Leased Premises for any unlawful purpose or perform, permit or suffer any act of omission or commission upon or about the Leased Premises which would result in a nuisance or a violation of law or any environmental contamination.

19. Termination of Agreement by City. City shall have the right to immediately terminate this Agreement, in whole or in part, on the occurrence of any of the following events:
a) Filing by or the final adjudication of Club of any petition in bankruptcy or the making of any transfer of general assignment for the benefit of creditors which has not been previously authorized by the City.
b) The failure of Club in the sole discretion of the City to perform substantially or keep or observe any of the terms, covenants and conditions which it is obligated to perform, keep or observe under this Agreement after the expiration of a thirty (30) day period of warning or ultimatum given in writing by the City to the Club to correct any such deficiency or default.
c) The abandonment of the Leased Premises or any portion thereof of discontinuance of the Club’s presence, or any potion thereof. Should this occur, the City shall not be responsible for the custodial protection of merchandise, fixtures, or equipment abandoned, even though it may be necessary for the City to remove same from the Leased Premises for storage or disposal.
d) The default of the Agreement or any or any portion thereof. Should this occur, the City shall not be responsible for the custodial protection of merchandise, fixtures, or equipment abandoned, even though it may be necessary for the City to remove same from the Leased Premises for storage or disposal.

20. Failure to Vacate Leased Premises. Club agrees to vacate the Leased Premises upon expiration or termination of this Agreement, whichever occurs first. If Club fails to vacate the Leased Premises, as provided herein, Club agrees that City, or its #19..
- 662 -
10 authorized agents, may enter upon the Leased Premises and remove all personal property therefrom and destroy the same and in this event, Club waives any and all claims for damages against City, its agents or employees. Nothing herein shall be deemed a waiver of any rights of City to demand and obtain possession of Leased Premises in accordance with law in the event of a violation of the Club’s part of any of the terms or conditions hereof.

22. Force Majeure. Neither the City nor the Club shall be liable for any delay or default in the performance of all or any part of this Agreement if such delay or default is caused by conditions beyond its control, including but not limited to, acts of the elements, fires, floods, or other casualties, global pandemics, accidents, strikes, work stoppages and continuing domestic or international problems, such as war, riot, insurrection, revolution, acts of public enemy, sabotage, government instability, or changing government without the benefit of constitution. In such event, the party requesting excuse from performance shall notify the other party within five (5) business days of such an occurrence and the time for performance shall be extended for the length of any such delay.

23.Insurance. Club agrees to provide, at its own expense, and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City of Modesto. 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 of Modesto by certified mail, return receipt requested, for all of the following stated insurance policies. Club shall provide the City with separate endorsements evidencing proof of the City's additional #19..
- 663 -
11 insured status as to the general liability policy and automobile liability policies. In addition, Club shall provide the City with a Worker's Compensation subrogation waiver by way of a separate endorsement. All endorsements referenced below must include the applicable policy number.
a. General Liability - insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury, personal 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 limit.

LIST THE FOLLOWING INFORMATION ON THE CERTIFICATE OF INSURANCE IN THE AREA TITLED "DESCRIPTION OF OPERATIONS" AND IN
ENDORSEMENTS.

Description: City of Modesto Lease Agreement – Club (APNs 037-036-007 and 037- 051-001)
Endorsement: "The City of Modesto, its Agents, Officers, Officials, Employees & Volunteers are named as additional insured per the attached endorsement." 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, Club shall promptly obtain a new policy, submit the same to Risk Manager for approval and #19..
- 664 -
12 submit a certificate thereof as hereinabove provided.

The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City of Modesto, its agents, officers, officials, employees, and volunteers for losses arising from work performed by Club.
21) Indemnification. Club shall hold the City, its agents, officials, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of the Club or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement, including but not limited to Club's occupation and use of the Leased Premises.

Club's obligation to defend, indemnify, and hold the City, its agents, officers, and by any requirement in this Agreement for Club to procure and maintain a policy of insurance.

The City shall defend, indemnify and hold harmless Club free from any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses #19..
- 665 -
13 of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission arising out of City's performance obligations under this Agreement.

The indemnification obligations provided in this section shall survive the term or termination of this Agreement.

22. City Business License. Club shall have and maintain a City of Modesto business license for the duration of the Term of this Agreement.

23. Non-Discrimination. Club shall not discriminate in any way against any person on the basis of race, sex, color, age, religion, sexual orientation, actual or perceived gender identity, disability, ethnicity, or national origin, in connection with or related to use or occupation of the Leased Premises.

24. Notices. All written notices and communication required to be given under the provisions of this Agreement shall be delivered personally or delivered by deposit in the United States mail, postage prepaid return receipt requested, and addressed as follows:

To City: City of Modesto
P.O. Box 642
Modesto, CA 95354
Attention: Laurie A. Smith, Director of Parks, Recreation and Neighborhoods
To First Tee: First Tee of Central Valley
812 14th Street
Modesto, CA 95354
Attention: President & Chief Executive

25. General Terms.
a. Waiver. Any waiver by City of any obligation or condition in this Agreement must be in writing. No waiver will be implied from any delay or failure by City to take action on any breach or default of Club or to pursue any remedy allowed under this #19..
- 666 -
14 Agreement or applicable law. Any extension of time granted to Club to perform any obligation under this Agreement shall not operate as a waiver or release from any of its obligations under this Agreement. Consent by City to any act or omission by Club shall not be construed to be a consent to any other or subsequent act or omission or to waive the requirement for City's written consent to future waivers. b. Amendments. This Agreement, including any exhibits hereto, shall not be amended except in writing, signed by the Parties. Any amendment or addendum to this Agreement shall expressly refer to this Agreement.
c. Applicable Law. This Agreement shall be interpreted under and be governed by the laws of the State of California.
d. Severability. Every provision of this Agreement is intended to be severable. If any provision of this Agreement shall be held invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired. e. Attorneys’ Fees. In the event that either party hereto shall commence any legal action or proceeding against the other by reason of the alleged failure of the other to perform any term, covenant, or condition of this Agreement by them to be performed or kept, the party prevailing in said action or proceeding shall be entitled to recover reasonable attorneys' fees to be fixed by the court, and such recovery shall include court costs and attorney’s fees on appeal if any. As used herein, “the party prevailing” means the party in whose favor final judgement is rendered and “legal action or proceeding” included arbitration.
f. Interpretation. This Agreement constitutes a fully-negotiated agreement among commercially sophisticated Parties, each assisted by legal counsel, and the terms of this Agreement shall not be construed or interpreted for or against any Party hereto because the Party or its legal representative drafted or prepared such provision. g. Rights. This Agreement does not create, and shall not be construed to create, any rights enforceable by any person, partnership, corporation, joint venture, limited liability company, or other form of organization or association of any kind that is not a Party to this Agreement.
h. Title of Parts and Sections. Any titles of the sections or subsections of this #19..
- 667 -
15 Agreement are inserted for convenience of reference only and shall be disregarded in interpreting any part of the Agreement’s provisions.
i. Language Construction. The language of each and all paragraphs, terms and/or provisions of this Agreement, shall, in all cases and for any and all purposes, and in any way and all circumstances whatsoever, be construed as a whole, according to its fair meaning, and not for or against any party hereto and with no regard whatsoever to the identity or status of any person or persons who drafted all or any portion of this Agreement.
j. Discretion of City. City's execution of this Agreement in no way limits the discretion of City in the permit and approval process in connection with any improvements by the Club.
k. Entire Agreement. This Agreement and any exhibits attached hereto constitute the sole and entire Agreement of the parties hereto with respect to the matters herein and correctly sets forth the rights, duties, and obligations of each to the other as of the date first written above. There are no other agreements or understandings, written or oral, between the parties regarding this Agreement other than those set forth herein. All prior or contemporaneous negotiations, agreements, and understandings, oral or written, are revoked, cancelled, and rescinded, and are all merged herein and superseded hereby.
l. Authority of the Parties. Each individual executing this Agreement on behalf of the respective Parties represents and warrants that he/she is duly authorized to execute this Agreement on behalf of the respective Parties.
m. Non-Liability of City Officials, Employees and Agents. No member, official, employee or agent of City shall be personally liable to the Club in the event of any default or breach by City or for any amount which may become due to the Club or its successor or on any obligation under the terms of this Agreement. n. No Third Party Beneficiaries. No person or entity, other than Club shall be deemed to be a third party beneficiary hereof; and nothing in this Agreement (either expressed or implied) is intended to confer upon any person or entity, other than City and Club (and their respective officers, City’s, employees and agents providing services under this Agreement) any rights, remedies, obligations or liabilities or by reason of this #19..
- 668 -
16 Agreement.
#19..
- 669 -
17 IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has caused this Lease Agreement to be executed in duplicate by its City Manager and attested by its City Clerk, under authority of Resolution No. 2022-____ adopted by the Council of the City of Modesto on the 3 rd day of May, 2022, and Del
Rio CC Foundation has caused this Lease Agreement to be duly executed in duplicate as of the Effective Date. 5092916.1
#19..
- 670 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

May 3, 2022
Date: March 31, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Director of Public Works
SUBJECT: SB1 Projects Proposed for Fiscal Year 2022-2023 CONTACT: Steve Fischio, Operations Manager, [email protected], 209-342-2222 DESCRIPTION:

Consider approving the list of projects to be funded with Road Repair and Accountability Act tax proceeds in Fiscal Year 2022-2023. (Funding Source: Senate Bill 1 funds) STRATEGIC PLAN ELEMENT:

This recommended action supports the City’s Strategic Plan Area of Focus: “Quality of Life”:
engage partners across the community to ensure the safety, resilience, and attractiveness of Modesto; Goal D: ensure safe, efficient, and reliable infrastructure through proactive community investment, maintenance and sustainability efforts; Strategy 1: create and implement a comprehensive street and road maintenance plan.

BACKGROUND:

The Surface Transportation Fund (STF) funds the Streets and Traffic Divisions of Public Works.

These funds support the following services: Curbs, Gutters & Sidewalks, Street Maintenance, Traffic Engineering, Traffic Operations, and Traffic Electrical. The Streets Division maintains 1,400 lane miles of streets, 1,434 miles of curb and gutter, and 1,378 miles of sidewalk. The Traffic Division maintains 201 traffic signals, 11,576 streetlights, 16 flashing beacons, 26 lighted crosswalks, 32 school flashing beacons, seven warning beacons, six crosswalk beacons, six communication hubs, 17 roundabouts and 29,238 traffic signs.

On April 28, 2017, the Governor signed Senate Bill (SB) 11, which is known as the Road Repair and Accountability Act of 2017. The primary focus of these funds is to address basic road maintenance, rehabilitation and critical safety needs on both the state highways and local streets and road systems. City of Modesto received $3,955,402 in Fiscal Year (FY) 18/19, $3,727,254 in FY 19/20, $4,121,766 in FY 20/21, estimated $4,542,127 in FY 21/22 and is projected to receive $4,998,733 for FY 22/23.
1 Senate Bill 1 – Road Repair and Accountability Act of 2017 - http://rebuildingca.ca.gov/ #20..
- 671 -
Council Meeting, May 3, 2022
SB1 Projects Proposed for Fiscal Year 2022-2023

Page 2 of 3 ends

DISCUSSION:

The objective of the local streets and roads program is to address deferred maintenance on the local streets and roads system. Prior to receiving an apportionment of Road Maintenance and Rehabilitation Account (RMRA) funds from the Controller in a fiscal year, the City must submit to the California Transportation Commission (CTC) a list of proposed projects. Listed below are the fiscal year projects identified for RMRA funding along with neighborhoods that will receive treatment to their streets.

Attachment A – FY22/23 SB1 Project List
The projects listed are anticipated to result in the following life-cycle benefits: The slurry seal project (program) that includes crack seal and asphalt repairs will result in a five to seven-year expected life extension to existing pavement (Attachment B & C); the proposed traffic signal (Attachment D) and street light maintenance (Attachment E) will result in a ten-year life extension due to energy efficient Light Emitting Diode (LED) lighting; the traffic sign and striping maintenance (Attachment F) will result in a two to five-year life extension for the asphalt striping and a five year life extension for signs; and video detection will result in a ten to fifteen year life extension versus the City’s current vehicle detections loops (Attachment G). The equipment listed is expected to result in the following life-cycle benefits: a second slurry truck would have an estimated lifespan of eight years. The additional truck would allow Streets and Traffic Division to progress through the City in a more efficient and effective timeline closer to industry standards.

FISCAL IMPACT:

The City of Modesto estimates receiving apportionment of Road Repair and Accountability Act funding for FY 2022-23 in an amount approximating $4,998,733. #20..
- 672 -
Council Meeting, May 3, 2022
SB1 Projects Proposed for Fiscal Year 2022-2023

Page 3 of 3 ends

COMMITTEE RECOMMENDATION:

On February 28, 2022, this item was presented to the Finance Committee and was recommended to forward to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the list of projects to be funded with Road Repair and Accountability Act proceeds in Fiscal Year 2022-2023.

Approved by:

Bill Sandhu, Public Works Director
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Attachment A - Project List

3. Attachment B - Map of Project Area

4. Attachment C - Street Segment List

5. Attachment D - Traffic Signal Locations Map

6. Attachment E - Street Lights Map

7. Attachment F - Traffic Signs and Striping Map

8. Attachment G - Downtown Signals Map
#20..
- 673 -

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-

RESOLUTION APPROVING THE LIST OF PROJECTS TO BE FUNDED WITH

ROAD REPAIR AND ACCOUNTABILITY ACT PROCEEDS IN FISCAL YEAR 2022-23
WHEREAS, Senate Bill 1 (SB1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statues of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB1 includes accountability and transparency provisions that will ensure the residents of Modesto are aware of the projects proposed for funding in the community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt, by resolution, a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB1, which must include description and the location of each proposed project, a proposed schedule for projects completion, and the estimated useful life of the improvement; and
WHEREAS, the City will receive funding in an estimated amount of $4,998,733 in RMRA funding in Fiscal Year 2022-23 from SB1; and
WHEREAS, this is the sixth year in which the City is receiving SB1 funding which will enable the City to continue essential road maintenance, safety improvements in traffic signal and street light maintenance, and traffic sign and striping maintenance that would not have otherwise been possible without SB1; and #20..
- 674 -
WHEREAS, the City has undergone a robust public process to ensure public input regarding the community’s transportation priorities are incorporated into the project list; and
WHEREAS, the City used a Pavement Management System to develop the SB1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community priorities for transportation investment; and WHEREAS, the funding from SB1 will help the City maintain and rehabilitate over one-hundred lane miles of residential streets throughout the City this year and multiple similar projects in the future; and
WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City streets and roads are in a “poor” condition, and this revenue will help the City increase the overall quality of its road system and over the next decade will bring its streets and roads into a “good” condition; and WHEREAS, the SB1 project list and overall investment in the City’s local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide; and WHEREAS, the projects listed are anticipated to result in the following life-cycle benefits: The slurry seal project (program) that includes crack seal and asphalt repairs will result in a five to seven-year expected life extension to existing pavement (Attachment B & C); the proposed traffic signal (Attachment D) and street light maintenance (Attachment E) will result in a ten-year life extension due to energy efficient Light Emitting Diode (LED) lighting; the traffic sign and striping maintenance #20..
- 675 -
(Attachment F) will result in a two to five-year life extension for the asphalt striping and a five year life extension for signs; video detection will result in a ten to fifteen year life extension versus the City’s current vehicle detections loops (Attachment G); and WHEREAS, equipment listed result in the following life-cycle benefits: a second slurry truck would have an estimated lifespan of eight years. The additional truck would allow Streets and Traffic Division to progress through the City in a more efficient and effective timeline closer to industry standards.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto, that it hereby approve the list of projects (Attachment A) for Fiscal Year 2022-23 and funding by SB1: Road Repair and Accountability Act of 2017. #20..
- 676 -
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 3rd day of May, 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: ______________________________
DIANE NAYARES- PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
#20..
- 677 -
Attachment A – FY22/23 SB1 Project List
#20..
- 678 -
Attachment B – FY22/23 Slurry Seal Map
#20..
- 679 -
Attachment C – FY22/23 Slurry Seal Street Names
City of Modesto, Streets Division
Slurry Seal Program
2022/2023 Street Segment List
Street Name From To
Rotterdam Ave Cheyenne Way Amsterdam Ln
Amserdam Ln Rotterdam Ave Terneuzen Ave
Terneuzen Ave Cheyenne Way Amsterdam Ln
Zeeland Ct Rotterdam Ave End
Cadzand Ct Rotterdam Ave End
Hulst Ct Rotterdam Ave End
Hague Ct Hulst Ct End
Oostburg Ct Terneuzen Ave End
Middleburg Ct Terneuzen Ave End
Axel Ct Terneuzen Ave End
Chippewa St Cheyenne Way Shawnee Dr
Rodeo Ci Chippewa St End
Shawnee Ave Mark Mead Ln Standiford Ave
Doheny Way Cheyenne Way San Clemente Ave
San Clemente Ave Doheny Way Standiford Ave
Shell Ct San Clemente Ave End
Agate Dr Cheyenne Way End
Mark Mead Ln Shawnee Dr Warmerdam Ln
Warmerdam Ln Mark Mead Ln Patton Dr
Patton Dr Shawnee Dr Warmerdam Ln
Volendam Ave Shawnee Dr Carver Rd
Breda Ct Volendan Ave End
Terhune Ct Volendan Ave End
Choctaw Way Shawnee Dr Carver Rd
Pomo Ln Cheyenne Way Choctaw Way
Cherokee Ln Cheyenne Way Choctaw Way
Seminole Ln Cheyenne Way Choctaw Way
Mohawk Ln Cheyenne Way Choctaw Way
La Corunna Pl Shawnee Dr
Palmilla Dr Tully Rd Semallon Dr
Pan Am Dr Palmilla Dr End
Tahiti Ln Palmilla Dr Tasmania Way
Tasmania Way Tahiti Ln Moorea Dr
Moorea Dr Palmilla Dr Tasmania Way
Auckland Ct Palmilla Dr End
Wesson Ranch Rd Palmilla Dr W Union Ave
Lindsay Dr Palmilla Dr Semallon Dr
#20..
- 680 -
Ogden Ct Palmilla Dr End
Ristau Ct Palmilla Dr End
Semallon Dr W Union Ave End
Mango Dr Wesson Ranch Rd Cairns Way
#20..
- 681 -
Street Name From To
Cairns Way Mango Dr Guava Dr
Guava Dr Cairns Way Tea Leaf Dr
Guava Ct Guava Dr End
Fuji Ct Guava Dr End
Tea Leaf Dr Guava Dr Lindsay Dr
Massera Way Semallon Dr Emperor Ln
Emperor Ln Massera Way Perlette Way
Perlette Way Emperor Ln Semallon Dr
Citation WayW Union Ave Chateaugay Dr
Chateaugay Dr Citation Way Noor Way
Noor Way Chateaugay DrW Union Ave
Kelso Way Chateaugay DrW Union Ave
Alsab CtW Union Ave End
Ribot Ct Chateaugay Dr End
Busher CtW Union Ave End
W Union Ave Tully Rd Semallon Dr
Colonial DrW Union Ave Standiford Ave
Noarco Dr Colonial Dr Whirlaway Dr
Whirlaway DrW Union Ave Noarco Dr
Cicada Ct Noarco Dr End
Winegarden DrW Union Ave Standiford Ave
Grapeleaf Way Winegarden Dr End
Grapeleaf Way Winegarden Dr Almeria Dr
Almeria Dr Grapeleaf Way Muscat Way
Muscat Way Almeria Dr Winegarden Dr
Canelli Ci Winegarden Dr End(s)
St Helena Ct Winegarden Dr End
St Helena Pl Winegarden Dr Portabello Dr
Portabello Dr St Helena Pl Winery Way
Winery Way Portabello Dr End
Pennington Pl Winegarden Dr Brookline St
Brookline St Pennington Pl Burlington Dr
Charter Ln Colonial Dr Brookline St
Burlington Dr Brookline St Morristown Rd
Morristown Rd Burlington Dr Pennington Pl
Medford Ln Pennington Pl Whitemarsh Way
Whitemarsh Way Colonial Dr End
Pennington Ci Pennington Pl End
Sheila Ct McHenry Ave End
Mark Randy Pl McHenry Ave End
Tokay Ave McHenry Ave Sunrise Ave
Norwegian Ave McHenry Ave Sunrise Ave
Toyon Ave Tokay Ave Norwegian Ave
Codding Dr Bruce Ct Norwegian Ave
Phillip Ct Codding Dr End
Brian Ct Codding Dr End
#20..
- 682 -
Street Name From To
Raven Ct Codding Dr End
Dove Ct Codding Dr End
Eagle Ct Codding Dr End
Bruce Ct Codding Dr End
Bruce Ave Codding Dr Dana Ln
Jasmin Ave Floyd Ave Charles Ave
Dana Ln Floyd Ave Charles Ave
Charles Ave Jasmin Ave Sunrise Ave
Broderick Ave Jasmin Ave Dana Ln
Ryan Ave Jasmin Ave Dana Ln
La Cienega Dr Norwegian Ave Tokay Ave
La Cienega Dr Charles Ave End
Ribier Ave Toyon Ave Valle Vista Ave
Valle Vista Ave Tokay Ave Norwegian Ave
Eldena Way Norwegian Ave End
Woodman Wy Tully Rd College Ave
Stetson Ave Woodman Wy W. Orangeburg
Albany Ave Woodman Wy W. Orangeburg
Concord Ave Woodman Wy W. Orangeburg
W. Granger Tully Rd College Ave
Pearl St Tully Rd College Ave
Ardmor Ave College Ave W. Orangeburg
Calder Ct Ardmor Ave End
Middleton Ct Ardmor Ave End
Thoreau Ct Ardmor Ave End
Bronson Ave Granger Ave End
Carlton Ave Granger Ave End
Bronson Ave Granger Ave W. Orangeburg
Barham Ct Carlton Ave Carlton Ave
Carlton Ave Granger Ave Pearl St
Pearl St College Ave Carlton Ave
Calle De Flores Granger Ave Calle De Rosas
Calle De Rosas Calle De Flores Granger Ave
Gayle Ct Sherwood Ave End
Gayle Ave Sherwood Ave June Dr
June Dr Gayle Ave Lelah Ave
Lelah Ave June Dr Sherwood Ave
August Ct Lelah Ave End
Timothy Ave Granger Ave End
Judith Ln June Dr McHenry
Burchell Ct McHenry End
Granger College Ave McHenry
Sherwood Ave Briggsmore Ave W. Orangeburg
Catalina Wy Rooselvelt Dr Sherwood Ave
Rooselvelt Dr Catalina Wy W. Orangeburg
Enslen Ave Granger Ave W. Orangeburg
#20..
- 683 -
Street Name From To
Bermuda Wy Rooselvelt Dr Sherwood Ave
Balboa Wy Enslen Ave Sherwood Ave
Coronado Wy Enslen Ave Sherwood Ave
Florida Ave Granger Ave W. Orangeburg
Coolidge Ave Florida Ave McHenry
Claradell Ave Florida Ave McHenry
Scottsdale Wy Orangeburg Ave Landini Wy
Rossmoor wy Scottsdale Wy Muirswood Wy
Covington Wy Scottsdale Wy Muirswood Wy
Margate Wy Scottsdale Wy Muirswood Wy
Kruger Dr Rose Ave Wylmawood Wy
Hermida Wy Scottsdale Wy Muirswood Wy
Landini Wy Scottsdale Wy Muirswood Wy
Muirswood Wy Orangeburg Ave Wylie Dr
Sharonwood Dr Orangeburg Ave Kruger Dr
Ginnywood Wy Sharonwood Dr Wylmawood Wy
Wylmawood Wy Ginnywood Wy Kruger Dr
Valeriewood Wy Kruger Dr Sweetwater Dr
Woodacre Dr Valeriewood Wy Shady Grove Ln
Shady Grove Ln Woodacre Dr Meadowlark Dr
Meadowlark Dr Muirswood Wy Valeriewood Wy
Sweetwater Dr Muirswood Wy Valeriewood Wy
Ferrara Ct Valeriewood Wy End
Wylie Dr Rose Ave Oakdale Rd
Strathmore Dr Wylie Dr Devonshire Ave
Bannister Pl Strathmore Dr End
Cardigan Wy Strathmore Dr End
Scarborough Ct Strathmore Dr End
Chelwood Wy Strathmore Dr End
Camelot Ct Strathmore Dr End
Giardino Wy Rose Ave Rosmarino Wy
Rosmarino Wy Giardino Wy Vista Dr
Vista Dr Rosmarino Wy Rio Vista Dr
Rio Vista Dr Vista Dr Brookvale Dr
Brookvale Dr Vista Dr Scenic Dr
Dochchester Ave Vista Dr Devonshire Ave
Devonshire Ave Dochchester Ave Rose Ave
Leytonstone Ave Devonshire Ave Camden Dr
Camden Dr Leytonstone Ave Strathmore Dr
Winfield Pl Devonshire Ave End
Lillian DrE Orangeburg Ave Scenic Dr
Saginaw Ct Lillian Dr End
Woodbine Dr Lillian Dr Springcreek Dr
Winchester Ct Lillian Dr End
Elke Ct Lillian Dr End
Joanna Dr Lillian Dr Ojai Ln
#20..
- 684 -
Street Name From To
Ojai Ln Joanna Dr Woodbine Dr
Wildflower Dr Joanna Dr Ojai Ln
Fransen LnE Orangeburg Ave Dowd Dr
Fransen Ct Dowd Dr End
Christopher CtE Orangeburg Ave End
Dowd Dr Fransen Ln Woodlark Way
Woodlark Way Woodbine Dr North Pointe Pl
Woodlark Ct Woodlark Way End
North Pointe Pl Windwood Pl End
Windwood Pl North Pointe Pl Glenbrook Way
Hidden Glen DrE Orangeburg Ave Windwood Pl
East Glen Ci Hidden Glen Dr End
Broughton Pl Windwood Pl Argonaut Dr
Argonaut Dr Broughton Pl Glenbrook Way
Broughton Ct Broughton Pl End
Glenbrook WayE Orangeburg Ave Springcreek Dr
Springcreek Dr Scenic Dr Glenbrook Way
Gargotto CtE Orangeburg Ave End
Jarrell CtE Orangeburg Ave End
Apple Hill Rd Springcreek Dr End
Nut Tree Ln Apple Hill Rd Springcreek Dr
Pebble Ln Apple Hill Rd Sandcreek Way
Sandcreek Way Pebble Ln Nut Tree Ln
Cedar Creek DR Claus Rd Cedar Creek Ct
Cedar Creek Ct Cedar Creek Ct End
Edgebrook Dr El Vista Ave Riverside Dr
Pacific Ave Edgebrook Dr Colfax Ave
Carol St El Vista Ave Trask Ln
Lambert St El Vista Ave Trask Ln
Ada St El Vista Ave Afton Wy
Meta Ct Ada St Ada St
Colfax Ave Edgebrook Dr Encina Ave
Trask Ln Edgebrook Dr Encina Ave
Curry Ave Edgebrook Dr Ada St
Precie Ct Edgebrook Dr End
Afton Wy Edgebrook Dr Hamble Ln
Brook View Ct Edgebrook Dr End
Moray Ct Hamble Ln End
Humber Ct Hamble Ln End
Thames Ct Hamble Ln End
Hamble Ln Trask Ln Riverside Dr
Riverside Edgebrook Dr Encina Ave
Encina Ave El Vista Ave Riverside Dr
N. Conejo Ave Encina Ave Yosemite Blvd
Julian Ave N. Conejo Ave Fusco Ave
Roble Ave N. Conejo Ave El Vista Ave
#20..
- 685 -
13 Street Name From To
Paul Ave N. Conejo Ave Fusco Ave
Uccello Ave N. Conejo Ave Fusco Ave
Rhien Ave N. Conejo Ave Fusco Ave
Fusco Ave Encina Ave Miller Ave
San Juan Dr Encina Ave Yosemite Blvd
Phoenix Ave Encina Ave Yosemite Blvd
Fortuna Ave Encina Ave Haddon Ave
Viola St Fortuna Ave Parry Ave
Bellamy St Fortuna Ave Parry Ave
Haddon Ave Phoenix Ave El Vista Ave
Dora St Phoenix Ave Parry Ave
Parry Ave Encina Ave Yosemite Blvd
Oakshire Ave Encina Ave Miller Ave
Miller Ave N. Conejo Ave El Vista Ave
Maria Ct Miller Ave Miller Ave
Glendale Ave Phoenix Ave El Vista Ave
Encina Ave N. Conejo Ave El Vista Ave
Jones St Mc Henry Kimble St
Grant St Mc Henry Johnson St
Lee St Mc Henry Johnson St
Floto Wy Mc Henry Kimble St
Almond Ave Mc Henry Johnson St
Modesto Ave Mc Henry Johnson St
Johnson St Lucern Downey Ave
Semple St Maynell Ave Downey Ave
Kimble St Lucern Downey Ave
High St Lucern Downey Ave
Melrose St Lucern Downey Ave
Redwood Ave Kimble St Melrose St
Cedar Ave Kimble St Bodem St.

Davis St Semple St Kimble St
Foy St Maynell Ave E. Morris Ave
Baker Wy Mc Henry Johnson St
Maynell Ave Mc Henry Kimble St
Lucern Ave Johnson St Bodem St.

E. Morris Mc Henry Bodem St.

Bodem St. Lucern Downey Ave
#20..
- 686 -
14 Attachment D – FY22/23 Traffic Signal Locations
#20..
- 687 -
15 Attachment E – FY22/23 Street Lights Map
#20..
- 688 -
16 Attachment F – FY22/23 Traffic Signs and Striping Map #20..
- 689 -
17 Attachment G – FY22/23 Downtown Signals Map
#20..
- 690 -
18 #20..
- 691 -
Attachment A – FY22/23 SB1 Project List
Project Type Project Name Total Project Cost Estimated Project Start Date
Estimated Project Completion Date Useful Life Locations Community Benefit Summary
Slurry Seal (Type 2 Slurry, Crack
Seal, Asphalt repairs) Slurry Seal $2,171,854 July 1, 2022 June 30.2023 Provide a safe, reliableinfrastructure Equipment Slurry Truck 500,000 July 1, 2022 June 30.2023 To comply with industry standard miantenance
Traffic Signal & Street Lighting Maintenance
Traffic Signal &
Street Lighting Maintenance
$1,220,000 July 1, 2022 June 30, 2023 10 Years Various Locations Public Safety; Signal
and Street lighting maintenance within City
limits
Traffic Signal Maintenance
Repalcement of Vehicle Detection in
the Downtown
$575,000 July 1, 2022 June 30, 2023 10-15 years 23 Downtown Signals
Public Safety; Signal Maintenance
Traffic Sign & Striping Maintenance
FY 22-23 Traffic Sign & Striping Maintenance
$550,000 July 1, 2022 June 30, 2023 5 Year Various Locations Public Safety; Striping
and Sign maintenance within City limits
Total FY 22/23 $5,016,854
#20..
- 692 -
2022 SLURRY SEAL PROJECTS
2022 SLURRY SEAL

DISTRICT MAP

PROJECT AREAS

SHAWNEE
W. UNION
W. GRANGER
TOKAY
WYLIE
KIMBLE

EDGEBROOK
MILLER

SPRING CREEK
#20..
- 693 -
Street Name From To
Rotterdam Ave Cheyenne Way Amsterdam Ln
Amserdam Ln Rotterdam Ave Terneuzen Ave
Terneuzen Ave Cheyenne Way Amsterdam Ln
Zeeland Ct Rotterdam Ave End
Cadzand Ct Rotterdam Ave End
Hulst Ct Rotterdam Ave End
Hague Ct Hulst Ct End
Oostburg Ct Terneuzen Ave End
Middleburg Ct Terneuzen Ave End
Axel Ct Terneuzen Ave End
Chippewa St Cheyenne Way Shawnee Dr
Rodeo Ci Chippewa St End
Shawnee Ave Mark Mead Ln Standiford Ave
Doheny Way Cheyenne Way San Clemente Ave
San Clemente Ave Doheny Way Standiford Ave
Shell Ct San Clemente Ave End
Agate Dr Cheyenne Way End
Mark Mead Ln Shawnee Dr Warmerdam Ln
Warmerdam Ln Mark Mead Ln Patton Dr
Patton Dr Shawnee Dr Warmerdam Ln
Volendam Ave Shawnee Dr Carver Rd
Breda Ct Volendan Ave End
Terhune Ct Volendan Ave End
Choctaw Way Shawnee Dr Carver Rd
Pomo Ln Cheyenne Way Choctaw Way
Cherokee Ln Cheyenne Way Choctaw Way
Seminole Ln Cheyenne Way Choctaw Way
Mohawk Ln Cheyenne Way Choctaw Way
La Corunna Pl Shawnee Dr
Palmilla Dr Tully Rd Semallon Dr
Pan Am Dr Palmilla Dr End
Tahiti Ln Palmilla Dr Tasmania Way
Tasmania Way Tahiti Ln Moorea Dr
Moorea Dr Palmilla Dr Tasmania Way
Auckland Ct Palmilla Dr End
Wesson Ranch Rd Palmilla Dr W Union Ave
Lindsay Dr Palmilla Dr Semallon Dr
Ogden Ct Palmilla Dr End
Ristau Ct Palmilla Dr End
Semallon Dr W Union Ave End
Mango Dr Wesson Ranch Rd Cairns Way
City of Modesto, Streets Division
Slurry Seal Program
2022/2023 Street Segment List
#20..
- 694 -
Street Name From To
Cairns Way Mango Dr Guava Dr
Guava Dr Cairns Way Tea Leaf Dr
Guava Ct Guava Dr End
Fuji Ct Guava Dr End
Tea Leaf Dr Guava Dr Lindsay Dr
Massera Way Semallon Dr Emperor Ln
Emperor Ln Massera Way Perlette Way
Perlette Way Emperor Ln Semallon Dr
Citation Way W Union Ave Chateaugay Dr
Chateaugay Dr Citation Way Noor Way
Noor Way Chateaugay Dr W Union Ave
Kelso Way Chateaugay Dr W Union Ave
Alsab Ct W Union Ave End
Ribot Ct Chateaugay Dr End
Busher Ct W Union Ave End
W Union Ave Tully Rd Semallon Dr
Colonial Dr W Union Ave Standiford Ave
Noarco Dr Colonial Dr Whirlaway Dr
Whirlaway Dr W Union Ave Noarco Dr
Cicada Ct Noarco Dr End
Winegarden Dr W Union Ave Standiford Ave
Grapeleaf Way Winegarden Dr End
Grapeleaf Way Winegarden Dr Almeria Dr
Almeria Dr Grapeleaf Way Muscat Way
Muscat Way Almeria Dr Winegarden Dr
Canelli Ci Winegarden Dr End(s)
St Helena Ct Winegarden Dr End
St Helena Pl Winegarden Dr Portabello Dr
Portabello Dr St Helena Pl Winery Way
Winery Way Portabello Dr End
Pennington Pl Winegarden Dr Brookline St
Brookline St Pennington Pl Burlington Dr
Charter Ln Colonial Dr Brookline St
Burlington Dr Brookline St Morristown Rd
Morristown Rd Burlington Dr Pennington Pl
Medford Ln Pennington Pl Whitemarsh Way
Whitemarsh Way Colonial Dr End
Pennington Ci Pennington Pl End
Sheila Ct McHenry Ave End
Mark Randy Pl McHenry Ave End
Tokay Ave McHenry Ave Sunrise Ave
Norwegian Ave McHenry Ave Sunrise Ave
Toyon Ave Tokay Ave Norwegian Ave
Codding Dr Bruce Ct Norwegian Ave
Phillip Ct Codding Dr End
Brian Ct Codding Dr End
#20..
- 695 -
Street Name From To
Raven Ct Codding Dr End
Dove Ct Codding Dr End
Eagle Ct Codding Dr End
Bruce Ct Codding Dr End
Bruce Ave Codding Dr Dana Ln
Jasmin Ave Floyd Ave Charles Ave
Dana Ln Floyd Ave Charles Ave
Charles Ave Jasmin Ave Sunrise Ave
Broderick Ave Jasmin Ave Dana Ln
Ryan Ave Jasmin Ave Dana Ln
La Cienega Dr Norwegian Ave Tokay Ave
La Cienega Dr Charles Ave End
Ribier Ave Toyon Ave Valle Vista Ave
Valle Vista Ave Tokay Ave Norwegian Ave
Eldena Way Norwegian Ave End
Woodman Wy Tully Rd College Ave
Stetson Ave Woodman Wy W. Orangeburg
Albany Ave Woodman Wy W. Orangeburg
Concord Ave Woodman Wy W. Orangeburg
W. Granger Tully Rd College Ave
Pearl St Tully Rd College Ave
Ardmor Ave College Ave W. Orangeburg
Calder Ct Ardmor Ave End
Middleton Ct Ardmor Ave End
Thoreau Ct Ardmor Ave End
Bronson Ave Granger Ave End
Carlton Ave Granger Ave End
Bronson Ave Granger Ave W. Orangeburg
Barham Ct Carlton Ave Carlton Ave
Carlton Ave Granger Ave Pearl st
Pearl St College Ave Carlton Ave
Calle De Flores Granger Ave Calle De Rosas
Calle De Rosas Calle De Flores Granger Ave
Gayle Ct Sherwood Ave End
Gayle Ave Sherwood Ave June Dr
June Dr Gayle Ave Lelah Ave
Lelah Ave Jne Dr Sherwood Ave
August Ct Lelah Ave End
Timothy Ave Granger Ave End
Judith Ln June Dr McHenry
Burchell Ct McHenry End
Granger College Ave McHenry
Sherwood Ave Briggsmore Ave W. Orangeburg
Catalina Wy Rooselvelt Dr Sherwood Ave
Rooselvelt Dr Catalina Wy W. Orangeburg
Enslen Ave Granger Ave W. Orangeburg
#20..
- 696 -
Street Name From To
Bermuda Wy Rooselvelt Dr Sherwood Ave
Balboa Wy Enslen Ave Sherwood Ave
Coronado Wy Enslen Ave Sherwood Ave
Flordia Ave Granger Ave W. Orangeburg
Coolidge Ave Flordia Ave McHenry
Claradell Ave Flordia Ave McHenry
Scottsdale Wy Orangeburg Ave Landini Wy
Rossmoor wy Scottsdale Wy Muirswood Wy
Covington Wy Scottsdale Wy Muirswood Wy
Margate Wy Scottsdale Wy Muirswood Wy
Kruger Dr Rose Ave Wylmawood Wy
Hermida Wy Scottsdale Wy Muirswood Wy
Landini Wy Scottsdale Wy Muirswood Wy
Muirswood Wy Orangeburg Ave Wylie Dr
Sharonwood Dr Orangeburg Ave Kruger Dr
Ginnywood Wy Sharonwood Dr Wylmawood Wy
Wylmawood Wy Ginnywood Wy Kruger Dr
Valeriewood Wy Kruger Dr Sweetwater Dr
Woodacre Dr Valeriewood Wy Shady Grove Ln
Shady Grove Ln Woodacre Dr Meadowlark Dr
Meadowlark Dr Muirswood Wy Valeriewood Wy
Sweetwater Dr Muirswood Wy Valeriewood Wy
Ferrara Ct Valeriewood Wy End
Wylie Dr Rose Ave Oakdale Rd
Strathmore Dr Wylie Dr Devonshire Ave
Bannister Pl Strathmore Dr End
Cardigan Wy Strathmore Dr End
Scarborough Ct Strathmore Dr End
Chelwood Wy Strathmore Dr End
Camelot Ct Strathmore Dr End
Giardino Wy Rose Ave Rosmarino Wy
Rosmarino Wy Giardino Wy Vista Dr
Vista Dr Rosmarino Wy Rio Vista Dr
Rio Vista Dr Vista Dr Brookvale Dr
Brookvale Dr Vista Dr Scenic Dr
Dochchester Ave Vista Dr Devonshire Ave
Devonshire Ave Dochchester Ave Rose Ave
Leytonstone Ave Devonshire Ave Camden Dr
Camden Dr Leytonstone Ave Strathmore Dr
Winfield Pl Devonshire Ave End
Lillian Dr E Orangeburg Ave Scenic Dr
Saginaw Ct Lillian Dr End
Woodbine Dr Lillian Dr Springcreek Dr
Winchester Ct Lillian Dr End
Elke Ct Lillian Dr End
Joanna Dr Lillian Dr Ojai Ln
#20..
- 697 -
Street Name From To
Ojai Ln Joanna Dr Woodbine Dr
Wildflower Dr Joanna Dr Ojai Ln
Fransen Ln E Orangeburg Ave Dowd Dr
Fransen Ct Dowd Dr End
Christopher Ct E Orangeburg Ave End
Dowd Dr Fransen Ln Woodlark Way
Woodlark Way Woodbine Dr North Pointe Pl
Woodlark Ct Woodlark Way End
North Pointe Pl Windwood Pl End
Windwood Pl North Pointe Pl Glenbrook Way
Hidden Glen Dr E Orangeburg Ave Windwood Pl
East Glen Ci Hidden Glen Dr End
Broughton Pl Windwood Pl Argonaut Dr
Argonaut Dr Broughton Pl Glenbrook Way
Broughton Ct Broughton Pl End
Glenbrook Way E Orangeburg Ave Springcreek Dr
Springcreek Dr Scenic Dr Glenbrook Way
Gargotto Ct E Orangeburg Ave End
Jarrell Ct E Orangeburg Ave End
Apple Hill Rd Springcreek Dr End
Nut Tree Ln Apple Hill Rd Springcreek Dr
Pebble Ln Apple Hill Rd Sandcreek Way
Sandcreek Way Pebble Ln Nut Tree Ln
Cedar Creek DR Claus Rd Cedar Creek Ct
Cedar Creek Ct Cedar Creek Ct End
EdgeBrook Dr El Vista Ave Riverside Dr
Pacific Ave EdgeBrook Dr ColfaxAve
Carol St El Vista Ave Trask Ln
Lambert St El Vista Ave Trask Ln
Ada st El Vista Ave Afton Wy
Meta Ct Ada st Ada st
ColfaxAve EdgeBrook Dr Encia Ave
Trask Ln EdgeBrook Dr Encia Ave
Curry Ave EdgeBrook Dr Ada st
Precie Ct EdgeBrook Dr End
Afton Wy EdgeBrook Dr Hamble Ln
Brook View Ct EdgeBrook Dr End
Moray Ct Hamble Ln End
Humber Ct Hamble Ln End
Thames Ct Hamble Ln End
Hamble Ln Trask Ln Riverside Dr
Riverside EdgeBrook Dr Encina Ave
Encina Ave El Vista Ave Riverside Dr
N.Conejo Ave Encia Ave Yosemite Blvd
Julian Ave N.Conejo Ave Fusco Ave
Roble Ave N.Conejo Ave El Vista Ave
#20..
- 698 -
Street Name From To
Paul Ave N.Conejo Ave Fusco Ave
Uccello Ave N.Conejo Ave Fusco Ave
Rhien Ave N.Conejo Ave Fusco Ave
Fusco Ave Encia Ave Miller Ave
San Jaun Dr Encia Ave Yosemite Blvd
Phoenix Ave Encia Ave Yosemite Blvd
Fortuna Ave Encia Ave Haddon Ave
Viola St Fortuna Ave Parry Ave
Bellamy St Fortuna Ave Parry Ave
Haddon Ave Phoenix Ave El Vista Ave
Dora St Phoenix Ave Parry Ave
Parry Ave Encina Ave Yosemite Blvd
Oakshire Ave Encina Ave Miller Ave
Miller Ave N.Conejo Ave El Vista Ave
Maria Ct Miller Ave Miller Ave
Glendale Ave Phoenix Ave El Vista Ave
Encia Ave N.Conejo Ave El Vista Ave
Jones st Mc Henry Kimble st
Grant st Mc Henry Johnson st
Lee st Mc Henry Johnson st
Floto wy Mc Henry Kimble st
Almond Ave Mc Henry Johnson st
Modesto Ave Mc Henry Johnson st
Johnson St Lucern Downey Ave
Semple st Maynell Ave Downey Ave
Kimble st Lucern Downey Ave
High St Lucern Downey Ave
Melrose St Lucern Downey Ave
Redwood Ave Kimble st Melrose st
Cedar Ave Kimble st Bodem St.

Davis st Semple st Kimble st
Foy st Maynell Ave E. Morris Ave
Baker Wy Mc Henry Johnson st
Maynell Ave Mc Henry Kimble st
Lucern Ave Johnson st Bodem St.

E. Morris Mc Henry Bodem St.

Bodem St. Lucern Downey Ave
#20..
- 699 -
#20..
- 700 -
City of Modesto
Street Lights
0 0.5 1 2
Miles
Date: 2/24/2021
#20..
- 701 -
18612 17267 27351 13901 5445 22302 21000
24434
24179
10730
11264 11800 11531
6461
4764 3016
129000
10576
21047
22473 23438
9738
10400
16200
18245 42818 7399 9987 3678 9580 10589
5525 11214
6586
4369 4894
2328 16994 7466 33419 21266
4813 4115 30355
6235 31200 30248
6819
16533
6282
3479
16837
18490 5349 4979
3898
29156 16367
10771
4603
11228 4598 6116
5990 3405 16200
5327
12010 5657
4729 19691 27148 27147 10367 9351 24697 9845 4775
25320
8561 31327 4212 4444 4849
3537 22268
23192 21062
4221 24830 23160 9990 32337
6976
3482 4015
14812 5707 30916 4803 6209 10813
30012 10356 1864
6232
4627
4732 5412 31966 988815149
15109 24253 13028
28001
13356
17323 7713 4782 3788 4076 6005 4762 3390
13121 6704
18270
6826 9599
31042
169659898 4073 4881 6718 6065
7418
23891 20850 19577 6793
4453 106785350 11722 26960 2600
21140 5107 9831
17461 37224 6336
4535
8421
8635 83563012
8491
10410 10102
29683 19204 14800 6180
87336117 18929 12015
10120 11115 492210882 10660
6704
40412 33407
4656
19138 4623 3767
117000
126000 66668
129000
111000
115000
18322
3595 4062
118000
114000
40500 13641
31938 26943 17900
26780
31500 6000 6000 10000 30000 40000 VEHICLES IN BOTH DIRECTIONS DURING TWENTY FOUR HOUR PERIOD FREEWAY 2019 COUNTS 14250 3101 10345 16586 12112
10625
8346 6178
10720
11032
28750 5164 1407
29551 13668 3124 172822463
1509
22360 3416
25474
26469 2459 3866 18821 29141
30623 18649 3734 4706 8888
15963 14492 35749 24749 1266 1332
20048 2625
1838 1833 34173
26623
19650
30456 12668
17389
9114
32732
31686 3909 3467
2072 31953
18861 6381004 6460 637 1615
1576
14124 18530 17567 33415
29706 2041737199 39117
35390 3184 5231 6400 1604
40849
33204
43751 50235
6932
7160 4954 6362
16582
8732 6836
2970 3458 2170 3401 3651 13945 3600
15459 6277 16680
11403 13806
14828
16755 5787
21047
13836 4539
1460 37066
38592 11690 11070 1646 TRAFFIC FLOW MAP 2019 COUNTS LEGEND PREPARED BY: CITY OF MODESTO PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION UPDATED: JANUARY 2020 NOT TO SCALE 3822 9655
8132 1933817229 1606 1673
841 18851883
2811 1761
1128 5152 16965
1440
2849 4034 4094
111000
32759 11100 4621
276934457
5136 5662 9198 30000 5270 16553
15752 8033 7719
19412
24633
32710 11149 12495 9338 9607 11537
11875
126000
17918 3650 50000 2985
21800 33000
22743
19925
16200 20500 21300 14900
16200
#20..
- 702 -
#20..
- 703 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

May 3, 2022
April 12, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Water Sales Purchase Agreement with Turlock Irrigation District CONTACT: Ben Koehler, Water Quality Control Superintendent/Chief Plant Operator, [email protected], 209-342-4502
DESCRIPTION:

Consider approving an Agreement for the purchase of Reuse Water from the Turlock Irrigation District.
(Funding Source: Wastewater Fund)
STRATEGIC PLAN ELEMENT:

The recommended action supports the 2020-2025 City of Modesto Strategic Plan Initiatives, Goal D: Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.

BACKGROUND:

Currently, an average of 20 million gallons of domestic wastewater is treated per day by the City’s Sutter and Jennings wastewater treatment facilities, of which, nearly 15 million gallons per day is further treated to tertiary (recycled) water levels. This recycled water is conveyed to the Delta Mendota Canal and is sold to the Del Puerto Water District.

The remaining non-tertiary treated domestic wastewater, as well as seasonal segregated cannery process water, is disposed of on a 2,500 acre ranch located at the Jennings facility.

DISCUSSION:

The disposal of the seasonal segregated cannery process water is governed by Waste Discharge Requirements (WDR) Order 99-112, issued by the Regional Water Quality Control Board (RWQCB). Without healthy crops to uptake waste loads discharged to the Jennings Ranch, the City risks violating the conditions of the WDR which will incur fines assessed by the RWQCB. Additional water sources are required to maintain proper irrigation practices of the crops on the Jennings Ranch. The City has historically leased the Jennings Ranch to #21..
- 704 -
City Council, May 3, 2022
Water Sales Purchase Agreement with Turlock Irrigation District

Page 2 of 3 ends

* One acre foot is equal to 326,000 gallons.
experienced agricultural tenants to accomplish remaining wastewater disposal through agricultural irrigation of feed and fodder crops.

Due to the volume of remaining non-tertiary treated domestic flows, and exacerbated by current drought conditions, the City of Modesto has a water supply deficit, which impacts the City’s ability to plant, grow, and irrigate agricultural crops at the Jennings Ranch. This also affects the land disposal of segregated cannery process water.

Depending on water year type, location, operations, maintenance, and delivery demands, the Turlock Irrigation District (TID) will have a variable amount of “reuse” water from upstream agricultural users in the TID’s Westport Drain. The Westport Drain, which is located directly at the northern boundary of the Jennings Facility, is part of the TID’s gravity system and is located downstream of all TID’s points of delivery.

In its desire to reduce any overall water waste, TID has made this reuse water available for the City to purchase. By purchasing this reuse water for Ranch Operations, it will ensure that the City is able to continue to meet its wastewater treatment, Ranch irrigation, and recycled water delivery obligations.

FISCAL IMPACT:

The City shall pay the District one hundred dollars and no/100 cents ($100.00) per acre foot* for the Reuse Water. While TID estimates that there could be up to 10,000 acre feet per year (AFY) available, it is anticipated that the City will need anywhere from nine hundred (900) to one thousand and five hundred (1,500) AFY. Depending on the year, the estimated annual amount is estimated between $90,000 dollars and $150,000 dollars per year.

Funds to cover the costs associated with this agreement, based on the City’s projected irrigation needs, have been budgeted in Fiscal Year 2023 in the Wastewater Fund account 4210-44317- 53030.

COMMITTEE RECOMMENDATION:

Due to the current and immediate operational need to address ongoing water supply challenges at the Jennings Ranch, and to avoid potential WDR exceedances, this item was not presented to Committee.

RECOMMENDED COUNCIL ACTION
Staff Recommendations:

Resolution approving an Agreement for the purchase of Reuse Water from the Turlock Irrigation District and authorizing the City Manager, or his designee, to execute the agreement.

Approved by:

William Wong, Director of Utilities
Joseph P. Lopez, City Manager
#21..
- 705 -
City Council, May 3, 2022
Water Sales Purchase Agreement with Turlock Irrigation District

Page 3 of 3 ends

* One acre foot is equal to 326,000 gallons.

Attachments:

1. Resolution

2. Agreement
#21..
- 706 -
1 2022-

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-XXX

RESOLUTION APPROVING AN AGREEMENT FOR THE PURCHASE OF

REUSE WATER FROM THE TURLOCK IRRIGATION DISTRICT AND

AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE

THE AGREEMENT
WHEREAS, an average of 20 million gallons of domestic wastewater is treated per day by the City’s Sutter and Jennings wastewater treatment facilities, of which nearly 15 million gallons per day is further treated to tertiary (recycled) water levels, and WHEREAS, this recycled water is conveyed to the Delta Mendota Canal and is sold to the Del Puerto Water District, and
WHEREAS, the remaining non-tertiary treated domestic wastewater, as well as seasonal segregated cannery process water, is disposed of on a 2,500-acre ranch at the Jennings facility, and
WHEREAS, the disposal of the seasonal segregated cannery process water is governed by Waste Discharge Requirements (WDR) Order 99-112, issued by the Regional Water Quality Control Board (RWQCB). Without healthy crops to uptake waste loads discharged to the Jennings Ranch, the City risks violating the conditions of the WDR which will incur fines assessed by the RWQCB, and
WHEREAS, additional water sources are required to maintain proper irrigation practices of the crops on the Jennings Ranch. The City has historically leased the Jennings Ranch to experienced agricultural tenants to accomplish remaining wastewater disposal through agricultural irrigation of feed and fodder crops, and WHEREAS, due to the volume of remaining non-tertiary treated domestic flows, and exacerbated by current drought conditions, the City of Modesto has a water supply #21..
- 707 -
2 2022-
deficit, which impacts the City’s ability to plant, grow, and irrigate agricultural crops at the Jennings Ranch, and affects the land disposal of segregated cannery process water, and
WHEREAS, depending on water year type, location, operations, maintenance, and delivery demands, the Turlock Irrigation District (TID) will have a variably amount of “reuse” water from upstream agricultural users in the TID’s Westport Drain, and WHEREAS, the Westport Drain, which is located directly at the northern boundary of the Jennings Facility, is part of the TID’s gravity system and is located downstream of all TID’s points of delivery, and
WHEREAS, TID has made this reuse water available for the City to purchase. By purchasing this reuse water for Ranch Operations, it will ensure that the City is able to continue to meet its wastewater treatment, Ranch irrigation, and recycled water delivery obligations, and
WHEREAS, the City shall pay the District one hundred dollars and no/100 cents ($100.00) per acre foot for the Reuse Water, and
WHEREAS, depending on the year, it is anticipated that the City will need anywhere from nine hundred (900) to one thousand and five hundred (1,500) acre feet per year for an estimated amount between ninety thousand ($90,000) and one hundred and fifty thousand ($150,000) dollars annually.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an Agreement for the purchase of Reuse Water from the Turlock Irrigation District.
#21..
- 708 -
3 2022-
BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the Agreement, in a form approved by the City Attorney.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 3rd day of May 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: _______
DIANE NAYARES-PEREZ, CMC, City Clerk
(SEAL)
APPROVED AS TO FORM:

By: ____________________________________
JOSE M. SANCHEZ, City Attorney
#21..
- 709 -
- 1 -

AGREEMENT BETWEEN THE CITY OF MODESTO AND THE TURLOCK IRRIGATION DISTRICT

FOR THE PURCHASE OF REUSE WATER
The Agreement Between the City of Modesto and the Turlock Irrigation District for the Purchase of Reuse Water (“Agreement”) is made and entered into as of May ____, 2022 by and between the City of Modesto (“City”) and Turlock Irrigation District (“District” or “TID”) an irrigation district formed pursuant to Water Code section 20500 et seq. The City and TID are each a “Party” and together are the “Parties” to this Agreement.

RECITALS
A. The City owns and operates two wastewater treatment facilities: Sutter and Jennings.

An average of 20 million gallons of wastewater is treated per day at Sutter, and nearly 15 million of those gallons are further treated at Jennings to tertiary levels.

B. Improvements to the City’s wastewater treatment plants (“WWTP”) were developed as a part of the North Valley Regional Recycled Water Program (“NVRRWP”), which is established in partnership with the City of Turlock and the Del Puerto Water District (DPWD) to utilize recycled water from the Cities of Turlock and Modesto to alleviate water supply shortages for DPWD.

C. On July 31, 2014, the City filed a wastewater change petition with the State Water Resources Control Board to change the point of discharge, purpose of use, and place of use of treated wastewater to facilitate the NVRRWP. Specifically, the requested changes would allow the NVRRWP to provide recycled water from the City and the City of Turlock conveyed through the Delta-Mendota Canal (“DMC”) and from the DMC to DPWD or Central Valley Project Improvement Act (“CVPIA”) Designated Refuges.

D. TID protested the City’s petition, in part, due to its concern with whether the City would continue to provide water to Stanislaus County Assessor’s Parcel Nos. 22-01-02, 22-01-04, 22-01-05, 22-03-02, 22-04-01, 22-04-02, 22-04-03, 58-01-01 containing approximately 2,530 acres, known as the “Jennings Ranch Lands.” E. A portion of the Jennings Ranch Lands are in the District service area, but do not receive water from TID.

F. TID’s protest was resolved, and the State Water Board issued WW-0077, which includes the requirement that the City provide not less than 8,500 acre-feet annually of treated wastewater to the Jennings Ranch Lands and not use water from TID to irrigate the Jennings Ranch Lands.

G. As part of its maintenance and operations, TID makes system improvements to improve the efficiency of its irrigation and delivery systems. TID plans to continue these #21..
- 710 -
- 2 -
improvements and reduce the amount of water that remains at the end of its conveyance facilities. However, currently, there are specific locations on the TID system that may contain water at the end of delivery conveyance points.

H. Historically, there has been approximately 1,000 to 10,000 acre-feet per year of Reuse Water within the Westport Drain, depending on water year type, location, operations, maintenance, and delivery demands. The Westport Drain is part of the District’s gravity system and is located downstream of all District points of delivery. A portion of the Westport Drain is located directly adjacent and to the north of the Jennings Ranch Lands.

AGREEMENT
NOW THEREFORE, in consideration of the foregoing recitals, which are incorporated into the operative provisions of this Agreement by reference, and for all the good and valuable consideration herein, the Parties hereto agree as follows:

1. Purchase of Available Reuse Water

1.1 Reuse Water. In this Agreement, Reuse Water is defined and refers to water that exists in the Westport Drain based on District operations.

1.2 Purpose of Use. The City agrees to purchase Reuse Water from TID as a supplemental supply for the Jennings Ranch Lands.

1.3 Place of Use. The City shall apply Reuse Water on the Jennings Ranch Lands, within the TID irrigation service area.

1.4 Quantity Available for Purchase. Historically, there has been approximately 1,000 to 10,000 acre-feet per year of Reuse Water within the Westport Drain.

The quantity of Reuse Water varies by year and District operation. The District cannot guarantee any specific quantity or timing of availability. The City agrees to purchase Reuse Water, the quantity of which will be measured as it passes through the Diversion Structure.

1.5 Purchase Price. The City shall pay the District one hundred dollars and no/100 cents ($100.00) per acre-foot for the Reuse Water.

1.6 Point of Delivery. The point of delivery shall be within the Westport Drain near the northeast corner of the City’s Jennings Road wastewater treatment plant.

The City shall design, install, operate and maintain the facilities necessary to divert the water from the Westport Drain (“Diversion Structure”) at the point of delivery. The exact location of the point of delivery shall be mutually agreed upon by the parties.

1.7 Measurement. The City shall measure all water delivered by the District through the Diversion Structure. The City shall keep and maintain accurate and complete #21..
- 711 -
- 3 -
measurement records. The City shall install, operate, and maintain water metering equipment reasonably acceptable to both the District and the City at the point of delivery. The District may inspect the metering equipment and the measurement records during regular business hours upon reasonable notice.

The City shall furnish the District measurement records on a monthly basis, on the first day of each month, for invoicing purposes.

1.8 Payment. The District shall invoice the City monthly and the City shall pay the purchase price for each acre-foot of water delivered to the point of delivery as measured pursuant to section 1.5 and 1.7 of this Agreement. The City shall pay invoices within thirty (30) days of receipt. The District may suspend delivery or terminate the Agreement for non-payment that is sixty (60) or more days past due.

2. Diversion Structure – Construction and Maintenance

2.1 The City shall bear the entire cost and expense of constructing, reconstructing, maintaining, and using the Diversion Structure(s). The City shall own the Diversion Structure at all times, including after termination of the Agreement.

The District consents to the construction of the Diversion Structure, including any portion located on the District’s property, subject to the conditions contained herein.

2.2 Prior to construction, the City shall submit to the District for approval all construction details, specifications, and drawings of the portion of the Diversion Structure(s) connected to the Westport Drain. As part of this approval, the District shall provide the City access to District’s property to facilitate the construction. District's review of the City's construction specifications and drawings shall not be construed as confirming or endorsing the design or as any warranty of safety or reliability. The District shall not, by reason of such review or failure to review, be responsible for the adequacy or safety of the Diversion Structure(s). The Diversion Structure(s) shall be constructed in strict accordance with the approved construction specifications and drawings.

2.3 The City shall make adequate provisions for the protection of District facilities during construction. The City shall pay the District for any and all damages to such facilities caused by the City's acts or omissions to act.

2.4 The City at all times and at its sole expense, shall maintain the Diversion Structure(s) in a safe and usable condition. Maintenance shall include repair and replacement of the Diversion Structure(s) when such repair or replacement is necessary to maintain the safe and usable condition of the Diversion Structure(s).

2.5 The City shall ensure that its construction, maintenance, and use of the Diversion Structure(s) and its access thereto shall not interfere in any way with the #21..
- 712 -
- 4 -
operation and maintenance of the District's operations or adjacent agricultural operations.

2.6 No investment the City makes in the Diversion Structure shall be used as evidence of guaranteed amount or quality of water provided pursuant to this Agreement.

2.7 The City shall remove the Diversion Structure’s connection to the Westport Drain and all other facilities in the District boundaries and right-of-way, at the City’s sole liability and cost, within ninety (90) days of request by the District or after the termination of this Agreement.

3. Limitations Included in WW0077

3.1 No Amendment to WW0077. This Agreement does not amend, rescind, or otherwise have any legal impact on WW0077 or the protections therein.

Further, this Agreement does not amend, rescind, or otherwise revise any previous agreement between the District and the City related to WW0077.

3.2 Enforcement of WW0077. The District agrees not to enforce or otherwise invoke the limitations included in section 3 of WW0077, during the term of this Agreement. Further, to the extent the State Water Board wishes to enforce section 3 of WW0077, the District would not support or otherwise encourage the enforcement of the provisions of WW0077 during the term of this Agreement.

4. TID Water Right

4.1 Sale is for Reuse of District Water. The Reuse Water subject to this Agreement is water that has been lawfully diverted by TID from the Tuolumne River and conveyed through the TID system. This Agreement provides the City the ability to purchase the Reuse Water diverted by the District and lawfully possessed by the District and to apply this water to beneficial use on the Jennings Ranch Lands, within the TID irrigation service area.

4.2 District Maintains Water Right. This Agreement and the transfer or sale of Reuse Water does not give the City any right, interest, or control in the water rights that TID uses to support its diversion of water. This Agreement does not provide the City any interest in TID’s right to divert water and no water right is being transferred, sold, or conveyed from the District to the City.

5. Representations and Warranties

5.1 Representation of Ownership. TID represents that it has lawfully diverted and possessed the Reuse Water subject to this Agreement.

5.2 No Representation Regarding Quality or Usability. TID makes no representations regarding the quality, usability, potability, or any other component of the Reuse Water subject to purchase.
#21..
- 713 -
- 5 -

6. Term and Termination

6.1 Effective Date. This Agreement shall become effective the date the City or the District signs the Agreement, whichever is later.

6.2 Termination. Either Party may terminate this Agreement with thirty (30) days prior written notice. The District may terminate the Agreement immediately if legal water users file a lawsuit or complaint in a court of competent jurisdiction challenging the Agreement or underlying sale of Reuse Water.

7. Indemnification and Liability

7.1 Neither the District nor any of its officers, agents, or employees shall be liable for the control, carriage, handling, use, disposal, or distribution of water delivered to the City after such water has passed the point of delivery, nor for claims of damage of any nature whatsoever, including but not limited to property damage, personal injury or death, arising out of or connected with the control treatment, carriage, handling, use, disposal, distribution, or transfer of the water beyond the point of delivery and attorneys’ fees and related costs of defense. The City shall defend, indemnify, and hold harmless the District and its officers, agents, and employees from any damages or claims that arise under providing reuse water pursuant to this Agreement, except to the proportionate extent such claims arise from the negligence or willful misconduct of the District or its officers, agents, or employees.

8. General Provisions

8.1 Assignment. The City may not sell, transfer, or assign all or any portion of this Agreement without the prior written consent of the District.

8.2 Amendment/Termination. This Agreement or any provision hereof may be changed, waived, or terminated only by a statement in writing signed by the Party against which such change, waiver, or termination is sought to be enforced.

8.3 No Waiver. No delay in enforcing or failing to enforce any right under this Agreement shall constitute a waiver of such right. No waiver of any default under this Agreement shall operate as a waiver of any other default or of the same default on a future occasion.

8.4 Entire Agreement. This Agreement is intended by the Parties as a final expression of their agreement and is intended as a complete and exclusive statement of the terms and conditions thereof. Acceptance of or acquiescence in a course of performance rendered under this Agreement shall not be relevant to determine the meaning of this Agreement even though the accepting or #21..
- 714 -
- 6 -
acquiescing Party had knowledge of the nature of the performance and opportunity for objection.

8.5 Choice of Law. This Agreement shall be construed in accordance with the laws of the State of California.

8.6 Headings. The headings of the sections hereof are inserted for convenience only and shall not be deemed a part of this Agreement.

8.7 Notices. Any notice, demand, offer, or other written instrument required or permitted to be given pursuant to this Agreement shall be acknowledged by the Party giving such notice, and shall to the extent reasonably practicable be sent by hand delivery, and if not reasonably practicable to send by hand delivery, then by telecopy, overnight courier, electronic mail, or registered mail, in each case to the other Party at the address for such Party set forth below.

If delivered to City:

CITY OF MODESTO
Director of Utilities William Wong
C/O City of Modesto Utilities Department
P. O. Box 642
Modesto, CA 95353
If delivered to the District:

TURLOCK IRRIGATION DISTRICT
General Manager Michelle Reimers
P.O. Box 949
Turlock, CA 95381
A Party may change its place of notice by a notice sent to the other Party in compliance with this section.

8.8 No Third-Party Beneficiaries. Except for the Parties and their respective successors and assigners, nothing in this Agreement, whether express or implied, is intended to confer any rights on any person or entity whatsoever.

8.9 No Breach of Other Agreements. Neither Party’s execution and performance of this Agreement shall result in the breach of any other agreement to which that Party is a party, or to which that Party is otherwise subject or bound.

Signatures on the following page.
#21..
- 715 -
- 7 -
TID: Turlock Irrigation District,
By:

MICHELLE REIMERS, General Manager
City: City of Modesto,
ATTEST:

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

By: ____________________________________
JOSE M. SANCHEZ, City Attorney
By: ____________________________________
JOSEPH P. LOPEZ, City Manager
#21..
- 716 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

May 3, 2022
Date: March 29, 2022
TO: Mayor and City Council
THROUGH: Joseph Lopez, City Manager
FROM: Christina Alger, Director of Human Resources
SUBJECT: Rehire of Retired Annuitant
CONTACT: Christina Alger, Director of Human Resources
[email protected], 209-571-5126
DESCRIPTION:

Consider approving the rehire of Michael Bumanlag on a part-time basis for a limited duration of up to three (3) months for the purposes of providing critical software support to ensure the public can be provided service without interruption and overseeing the training and transfer of knowledge to his replacement for a cost not to exceed $25,000. (Funding: Information Technology Fund)
STRATEGIC PLAN ELEMENT:

This item supports the 2020-2025 Strategic Plan’s Service and Delivery Goals & Strategies - Building a High-Performing Organization by Attracting and Retaining High Performance Employees.

BACKGROUND:

Recent changes to the law regarding the California Public Employee Retirement System (CalPERS), require that a retiree serve a 180-day waiting period prior to being allowed to work for a CalPERS agency. However, pursuant to Government Code TITLE 1. DIVISION 7.

MISCELLANEOUS [6000.-7598.] CHAPTER 21 Public Pension Retirement Plans 7522.56 (f)(1):
(f) A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions:
(1) The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days has passed and the appointment has been approved by the governing body of the #22..
- 717 -
City Council, May 3, 2022
Rehire of Retired Annuitant

Page 2 of 2 ends

employer in a public meeting. The appointment may not be placed on a consent calendar.

DISCUSSION:

Senior Software Analyst, Michael Bumanlag retired from the City on March 25, 2022. Mr.

Bumanlag has worked for the City of Modesto for over 14 years and possesses the expertise and skills necessary to alleviate any disruption to the operations of the Finance Department Revenue Collections and Compliance Division. Mr. Bumanlag has an in-depth working knowledge of the systems software utilized for operations within the Finance Department and Utilities Department, including revenue generating software for Utility Billing and Collections, Business License, Cannabis and Transient Occupancy Tax Billing and Collections, water meter reading software and a point of sale system used to post City of Modesto revenues, various online bill pay solutions, integrations between these dissimilar systems, and file transfer software used citywide. Mr. Bumanlag provides daily support for the Finance Department including but not limited to software updates, interfaces and integration, and troubleshooting to ensure that the City can serve the public without interruption or work stoppage.

Given this knowledge and history with the City of Modesto, Mr. Bumanlag will assume the responsibilities of providing on demand critical software support to ensure that there is no interruption of service to the public. Mr. Bumanlag will also provide support and direction to his replacement passing his historical knowledge gained over the past 14 years.

A Senior Software Analyst has been hired to replace Mr. Bumanlag who started his employment on March 15, 2022.

FISCAL IMPACT:

Funding for the rehire of Michael Bumanlag is not to exceed $25,000 for fiscal years 2021/22 and 2022/23 and will be available through the Information Technology Department. These costs will be absorbed within this department due to several vacancies experienced in the current year budget.

COMMITTEE RECOMMENDATION:

This was not taken to any committees.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the rehire of Michael Bumanlag on a part-time basis for a limited duration of up to three (3) months for the purposes of providing critical software support to ensure the public can be provided service without interruption and overseeing the training and transfer of knowledge to his replacement for a cost not to exceed $25,000.

Approved by:

Christina Alger, Human Resources Director
Joseph P. Lopez, City Manager
Attachments:

1. Resolution
#22..
- 718 -

MODESTO CITY COUNCIL
RESOLUTION NO. 2022 -

RESOLUTION APPROVING THE REHIRE OF MICHAEL BUMANLAG ON A PART-TIME BASIS FOR A LIMITED DURATION OF UP TO THREE (3)

MONTHS FOR THE PURPOSES OF PROVIDING CRITICAL SOFTWARE

SUPPORT TO ENSURE THE PUBLIC CAN BE PROVIDED SERVICE

WITHOUT INTERRUPTION AND OVERSEEING THE TRAINING AND

TRANSFER OF KNOWLEDGE TO HIS REPLACEMENT FOR A COST NOT TO EXCEED $25,000
WHEREAS, the City requests authorization to utilize the services of retired annuitant Michael Bumanlag on a part time basis, and
WHEREAS, changes to the California Public Employee Retirement System (CalPERS), requires that a retiree serve a 180-day waiting period prior to being allowed to work for a CalPERS agency with the following exceptions, and WHEREAS, pursuant to Government Code TITLE 1. DIVISION 7.

MISCELLANEOUS [6000.–7598.] CHAPTER 21. Public Pension Retirement Plans 7522.56(f)(1-4), section 7522.56 (f)(1) serves as the applicable exception for this request:
“The employer certifies the nature of this employment and that the appointment is necessary to fill a critically needed position before 180 days has passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar.”, and WHEREAS, CALPERS Publication 33 stipulates certain conditions must all be met in order for an appointment to move forward. These conditions are:

Appointee has specialized skills needed to perform work of limited duration or the employment is needed during an emergency to prevent stoppage of public business.
#22..
- 719 -
Temporary employment will not exceed 960 hours in a fiscal year (July 1st through June 30th).

The compensation cannot exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal an hourly rate.

Retired annuitants cannot receive any benefit, incentive, compensation in lieu of benefits, or other form of compensation in addition to the hourly pay rate, and WHEREAS, Mr. Bumanlag has worked for the City for over 14 years, and WHEREAS, Mr. Bumanlag has an in-depth working knowledge of the systems software utilized for operations within the Finance Department and Water Department, including revenue generating software for Utility Billing and Collections, Business License, Cannabis and Transient Occupancy Tax Billing and Collections, water meter reading software and a point of sale system used to post City of Modesto revenues, various online bill pay solutions, integrations between these dissimilar systems, and file transfer software used citywide.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the rehire of Michael Bumanlag on a part-time basis for a limited duration of up to three (3) months for the purposes of providing critical software support to ensure the public can be provided service without interruption and overseeing the training and transfer of knowledge to his replacement for a cost not to exceed $25,000 The foregoing resolution was introduced in a regular meeting of the Council of the City of Modesto held on the 3rd day of May, 2022, by Councilmember ?, who moved #22..
- 720 -
its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: __________________________
DIANE NAYARES-PEREZ, City Clerk
APPROVED AS TO FORM:

BY: _______________________________________
JOSE M. SANCHEZ, City Attorney
#22..
- 721 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

May 3, 2022
Date: April 12, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Brandon Gillespie, Chief of Police
SUBJECT: Military Equipment Use Policy in Accordance with AB 481 CONTACT: Jason Grogan, Captain, [email protected], 209.572.9500 DESCRIPTION:

Consider an ordinance approving the Modesto Police Department Military Equipment Use Policy 710 in accordance with Assembly Bill (AB) 481. (Funding Source: Not applicable) STRATEGIC PLAN ELEMENT:

This item is related to the 2020-2025 Strategic Plan goal of improving community safety and promoting trust and transparency with the citizens of Modesto.

BACKGROUND:

Assembly Bill 4811 (AB 481), codified at Government Code sections 7070 through 7075 requires a law enforcement agency to obtain approval from the applicable governing body, via adoption of a “military equipment” use policy by ordinance, prior to funding, acquiring, or using military equipment. The Modesto Police Department (MPD) seeks City Council approval of the attached Military Equipment Policy 710, in order to allow MPD to continue to use the vital equipment specified therein.

Items deemed to be “military equipment” by AB 481 are used as a component of overall best practices for law enforcement agencies (LEAs) throughout the country. These tools have been tested in the field, and are used by LEAs to enhance both citizen and officer safety. Loss of these items would jeopardize the welfare of citizens and peace officers within the City of Modesto.

The term “military equipment”, as used in AB 481, in fact does not necessarily indicate equipment that has been used by the military. Pursuant to AB 481, items deemed to be “military equipment” include, but are not limited to, unmanned aerial or ground vehicles, armored 1 Bill Text - AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. (ca.gov)
#23..
- 722 -
City Council, May 3, 2022
Military Equipment Use Policy in Accordance with AB 481

Page 2 of 4 ends

vehicles, command and control vehicles, pepper balls, less lethal shotguns, less lethal 40mm projectile launchers, and flashbangs.

The Modesto Police Department is committed to using the most up-to-date tools and equipment to safeguard the residents of Modesto. Many of the items deemed to be “military equipment” by AB 481 are in fact employed by MPD and law enforcement agencies across the country, in order to specifically reduce risk to community members. These items provide peace officers with the ability to safely resolve volatile situations which otherwise might rise to the level of a lethal force encounter. To that end, the items at issue in this report, and accompanying Military Equipment Use Policy, also provide MPD officers with vital tools that facilitate compliance with the Department’s stringent use of force policy.

DISCUSSION:

There is significant interest in ensuring that law enforcement continues to have access to equipment that will provide peace officers as many options as possible to safeguard lives, ensure safety, and protect civil liberties. The use of the tools identified below are vital to the MPD’s mission and will continue to be strictly regulated through internal processes and oversight.

The MPD seeks approval to adopt Military Equipment Policy 710. This policy outlines each item identified in Government Code section 7070, that is currently owned by MPD and the City of Modesto. The policy also includes the current use and cost of each item. These particular items have been in place prior to the implementation of AB 481. Future acquisitions of any item deemed to be “military equipment” will require policy update and Council approval.

The proposed Military Equipment Policy 710 ensures that there are safeguards in place, including transparency, oversight, and accountability measures. For instance, the policy requires MPD to conduct an annual audit of the non-compliant use of military equipment identified in Military Equipment Policy 710. This audit will be shared yearly in a community engagement meeting where the public has the opportunity to ask questions on funding, acquisition, and use of the equipment. This report will also be placed on the MPD’s website.

MPD’s Internal Affairs Unit will conduct an annual audit to ensure all Department members are complying with this policy. All instances of non-compliance will be reported to the City Council via the annual military equipment report.

There are no reasonable alternatives to the items listed below, which AB 481 deems to be military equipment. The Modesto Police Department has not discovered alternative items that can achieve the same objectives of civilian and officer safety. Each item’s necessity is further described below:

Unmanned remotely piloted powered aerial vehicle: Unmanned aerial vehicles (UAV) are necessary as they provide visibility to high-risk locations. The UAV system is designed to assist major collision and crime scene investigations, search for missing persons, crowd control situations, search and rescue operations, and perimeter searches and security.

Without the use of a UAV, peace officers would have to deploy to high-risk locations which would increase the risk to the officers and members of the public.

Unmanned remotely controlled ground vehicle: Unmanned ground robots are used for reconnaissance during critical incidents to assist in providing visibility in areas where it #23..
- 723 -
City Council, May 3, 2022
Military Equipment Use Policy in Accordance with AB 481

Page 3 of 4 ends

would be unsafe to send a peace officer. The robot is used to gain visual and audio data in dangerous incidents, deliver communication devices during high-risk incidents, used to open doors, disrupt packages, and safely clear buildings. Not having access to this item would require the use of peace officers to engage in high-risk tasks.

Armored vehicles: Commercially produced wheeled armored personnel vehicles utilized for law enforcement purposes. Armored vehicles are used to provide ballistic protection to officers and citizens during rescue, critical incidents and other hazardous situations.

These vehicles allow officers closer access to high-risk situations while substantially reducing the physical risk to the officers and the public. MPD also utilizes two armored vehicles (Armadillo Program) as overt unmanned surveillance stations in areas experiencing quality of life issues or high crimes. The vehicles are equipped with cameras to capture criminal activity as well as identifying those involved in crime. There are no reasonable alternatives to providing the same level of ballistic protection.

Command and control vehicles: The Mobile Incident Command Post vehicle (Mobile CP) is a truck and trailer used as mobile office command centers by both the Modesto Police and Fire Departments to provide shelter, access to department computer and communication systems, and restroom facilities during extended events and incidents.

Assault Weapons - M16A1 Select fire rifles: These rifles are used for training purposes only. These rifles are outfitted with upper receivers that are not capable of firing live 5.56 projectiles. They were obtained over 20 years ago through the military surplus program (LESO)2.

Flashbangs, Tear Gas, Pepper Balls: Flashbangs are used as a distraction device in order to disorient or divert the suspect(s) attention away from officers. This can allow officers to gain safer access to a high-risk situation, giving extra time to assess and analyze existing threats. This can prevent injury to officers and members of the public.

These devices can often lead to a safer resolution and allow officers to take a subject into custody without force.

Tear gas and pepper ball are less lethal methods used to address violent or riotous crowds when there is a risk to public and officer safety. They are also used to safely extract a suspect from a fixed location or safely detain a suspect who poses a risk of violence. Tear gas allows peace officers to deploy a less lethal chemical agent into a structure where other weapons would not be capable of doing so. Both are less lethal and afford peace officers an added option to avoid lethal force encounters. When these items are reasonable and necessary for use, there is no other alternative.

Projectile Launch Munitions and Platforms: The 40mm launchers are utilized by peace officers as a tear gas delivery system and as a less lethal tool to launch foam baton impact munitions. This allows officers to address a threat from a greater distance and provides an alternative option for deadly force when reasonable.

The less lethal shotguns are used to deploy the less lethal 12-guage Super-Sock Beanbag impact round. The bean bag shotgun also allows officers to confront a 2 Law Enforcement Support Organization -
https://www.dla.mil/DispositionServices/Offers/Reutilization/LawEnforcement.aspx #23..
- 724 -
City Council, May 3, 2022
Military Equipment Use Policy in Accordance with AB 481

Page 4 of 4 ends

potentially armed or dangerous suspect at a longer distance. This can potentially prevent a deadly force encounter. When necessary, there is no alternative to these less lethal weapon systems.

FISCAL IMPACT:

There is no fiscal impact by approving this item.

COMMITTEE RECOMMENDATION:

This item was presented to and approved by the Safety & Communities Committee on April 11, 2022.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Motion introducing and waiving the first reading of an Ordinance approving the Modesto Police Department Military Equipment Use Policy 710 in accordance with Assembly Bill (AB) 481.

Approved by:

Brandon Gillespie, Chief of Police
Joseph P. Lopez, City Manager
Attachments:

1. Military Equipment Policy 710

2. Military Equipment Inventory

Published with permission by Modesto Police Department
Modesto Police Department
Modesto PD Policy Manual
Military Equipment
710.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
710.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body - The elected or appointed body that oversees the Department.

Military equipment - Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than .50 caliber, including firearms identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue service weapons and ammunition of less then .50 caliber that are issued to officers.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • “Flashbangs” and explosive breaching tools.
• “Tear gas” and “Pepper balls” excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• The following projectile launch platforms and their associated munitions; 40mm projectile launchers, “bean bag”, rubber bullet, and specialty impact munitions (SIM) weapons
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
#23..
- 726 -
Military Equipment
Modesto Police Department
Modesto PD Policy Manual
Copyright Lexipol, LLC 2022/03/09, All Rights Reserved.

Published with permission by Modesto Police Department
***DRAFT*** Military Equipment - 2
710.2 POLICY
It is the policy of the Modesto Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 710.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Modesto Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
710.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:
[ SEE ATTACHMENT A]
710.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is #23..
- 727 -
Military Equipment
Modesto Police Department
Modesto PD Policy Manual
Copyright Lexipol, LLC 2022/03/09, All Rights Reserved.

Published with permission by Modesto Police Department
***DRAFT*** Military Equipment - 3
submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 710.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any member of this Department shall be approved for use and in accordance with this Department policy. Military equipment used by other jurisdictions that are providing mutual aid in accordance with Department Policy 304 to this Department and/or operating in conjunction in a law enforcement capacity with this Department, shall comply with their respective military equipment use policies
710.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. #23..
- 728 -
Military Equipment
Modesto Police Department
Modesto PD Policy Manual
Copyright Lexipol, LLC 2022/03/09, All Rights Reserved.

Published with permission by Modesto Police Department
***DRAFT*** Military Equipment - 4
710.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
710.9 COMPLIANCE
Department Supervisory staff will ensure that all Department members comply with this policy.

The Internal Affairs Unit will conduct an annual audit for any non-Compliance. The Chief of Police or designee will be notified of any policy violations and, if needed, the violation(s) will be referred to the Internal Affairs Unit and handled in accordance with Department Policy 1020 (Personnel Complaints) and policy 340 (Code of Conduct). All instances of non-compliance will be reported to City Council via the annual military equipment report.

Any member of the public can register a question or concern regarding military use equipment by contacting the Modesto Police Department’s Internal affairs Unit at 209-572-9500. A response to the question or concern shall be completed by the Department in a timely manner. 710.10 MILITARY EQUIPMENT USE SUPPLY LEVELS
When stocks of military equipment have reached significantly low levels or have been exhausted, The Department may order up to 10% of stock in a calendar year without city council approval to maintain essential availability for the department’s needs. #23..
- 729 -
Modesto Police Department
Policy 710- Military Equipment Use
Attachment A- Military Equipment Inventory
(Categories correspond with the categories provided in Government Code Section 7070(c)) #23..
- 730 -
Category 1-
Unmanned Aerial Vehicles (UAV): An unmanned aircraft along with the associated Equipment necessary to control it remotely.
a. Description, quantity, capabilities and purchase cost of current UAVS.

1. DJI 200 V2 with Zenmuse XT2 Thermal Camera. Cost: $15,000 Quantity: 1 Remotely operated aerial vehicle that has video recording and Thermal video capabilities and 25-30 minutes of flight time

2. DJI 200 V1 with Zenmuse Z30 Zoom Camera. Cost: $16,000 Quantity: 1 Remotely operated aerial vehicle that has video recording capabilities and 27 minutes of flight time

3. DJI Mavic2 Thermal. Cost: $3,000 Quantity: 2 Remotely operated aerial vehicle that has video recording and Thermal video capabilities and 25-30 minutes of flight time

4. DJI Mavic 2 Zoom. Cost: $3,000 Quantity: 2 Remotely operated aerial vehicle that has video recording and capabilities and 25-30 minutes of flight time

5. DJI Phantom 4 with Zenmuse XT Thermal Camera and Z3 Zoom Camera. Cost:
$2,500 Quantity: 4 Remotely operated aerial vehicle that has video recording and Thermal video capabilities and 25-30 minutes of flight time

6. DJI Inspire with Zenmuse XT Thermal Camera and Z3 zoom camera. Cost: $8,500 Quantity: 1 Remotely operated aerial vehicle that has video recording and Thermal video capabilities and 25-30 minutes of flight time b. Purpose: UAVs are to be deployed when its use would assist officers or Incident commanders (ICs)with the following situations, which include but not limited to:

1. Major collision investigations

2. Search for missing persons

3. Search and rescue operations

4. Crowd control Situations

5. Perimeter Searches and security

6. Natural disaster management

7. Crime Scene Investigations and photography

8. SWAT, tactical, or other public safety and life preservation missions

9. In response to specific requests from local, state, or federal fire authorities for fire response and/or prevention.
c. Authorized use: Only authorized operators as set forth in Department Policy 613 shall be permitted to operate any UAV and only during approved missions. d. Expected life span: All UAV equipment 5-7 years
#23..
- 731 -
e. Fiscal impact: Annual maintenance and battery replacement cost is projected to be approximately $5,000
f. Training: all UAV operators must go thru in-service training on UAV systems and operations as well as search and seizure laws as well as ongoing in-service training quarterly.
g. Legal procedure rules: use is established under Department Policy 613 and in accordance with MPD’s FAA Certificate of Authorization. It is the policy of the Modesto Police Department (MPD) to utilize UAVS only for official law enforcement purposes and in a manner that respects the privacy of our community, Constitutional rights and in a manner pursuant to state and federal law.

Robots: A remotely controlled unmanned ground vehicle, which is used to enhance the safety of officers and the community.
a. Description, quantity, capabilities and purchase cost of current robots.

1. Robotex A00476. Cost: $20,000 Quantity:1 The Robotex Tactical robot enhances the capabilities of SWAT and tactical response teams by allowing them to quickly and safely inspect dangerous situations. there is no longer a need to send personnel in before there has been a chance to assess the situation. The robot can navigate various terrain including stairs, grass and clothing. It has two-way audio and video recording capabilities and is remotely operated.

2. iRobot BB2590. Cost: $0 Quantity:1 obtained from Government surplus program (LESO) This robot is a multi-mission Tactical robot used to carry out dangerous missions in high treat incidents and is remotely operated. b. Purpose: These robots are used to gain visual /audio data in dangerous incidents, deliver communication devices during high risk incidents. They can be used to open doors, disrupt packages and safely clear buildings.
c. Authorized use: The use of robots shall only be authorized by a designated Incident Commander or the SWAT Commander, based on the specific circumstances of a given critical incident. Robots shall only be used by officers trained in their deployment and in a manner consistent with department policy and training. d. Expected life span: All unmanned ground vehicles, 5-10 years e. Fiscal impact: Annual maintenance costs and battery replacement costs are projected to be approximately $3,000
f. Training: all operators will be trained with in-service SWAT training on unmanned ground vehicle operations.
g. Legal procedure rules: use is established under Department Policy 414 (Hostage or barricaded persons) and policy 409 (Crisis Response Unit). It is the policy of the Modesto Police Department (MPD) to utilize unmanned ground vehicles (Robots) vehicles only for official law enforcement purposes and in a manner that respects the privacy of our community, pursuant to state and federal law. #23..
- 732 -
Category 2-
Armored vehicles: Commercially produced wheeled Armored Personnel vehicles utilized for law enforcement purposes.
a. Description, quantity, capabilities and purchase cost of current armored vehicles.

1. 2004 LenCo Bear. Cost: $300,000. The LenCo Bear is an armored vehicle that seats 10-12 personnel with an open floor plan that allows for rescue of downed personnel. The vehicle has ballistic capabilities which provide greater safety to citizens and officers beyond the protection level of Ballistic shields or personal body armor.

2. Peacekeeper Protected Response Vehicle (PRV). Cost: $0, Quantity:2. Both vehicles obtained from Government surplus program (LESO). The primary use of these two vehicles are to act as overt unmanned surveillance stations (Armadillo Program) in areas experiencing quality of life issues or high crimes. The video camera equipment can capture criminal activity as well as help identify those involved in crime. In emergency situations Peacekeeper vehicles can seat 6-10 people. The vehicle has ballistic capabilities which provide greater safety to citizens and officers beyond the protection level of Ballistic shields or personal body armor.

B. Purpose: Armored vehicles are to be used in response to Critical Incidents to enhance officer and community safety, improve scene containment and stabilization and assist in resolving critical incidents C. Authorized use: The use of Armored vehicles shall only be authorized by a Watch Commander, a designated Incident Commander or the SWAT Commander, based on the specific circumstances of a given critical incident.

Armored vehicles shall only be used by officers trained in their deployment and in a manner consistent with department policy and training.

D. Expected life span: All Armored vehicles, 20 years
E. Fiscal impact: Annual maintenance costs are projected to be approximately $20,000
F. Training: all drivers/operators will be trained with in-service training on vehicle operations and practical driving instruction.

G. Legal procedure rules: use is established under Department Policy 706 (vehicle use) and policy 707 (Armored vehicles). It is the policy of the Modesto Police Department (MPD) to utilize armored vehicles only for official law enforcement purposes and in a manner pursuant to state and federal law.

Category 3-None
Category 4- None
#23..
- 733 -
Category 5
Mobile Incident Command Post vehicles (Mobile CP): Truck and trailer used for a mobile office command Center that provides shelter, access to department computer and communication systems and restroom facilities during extended events. a. Description, quantity, capabilities and purchase cost of current CP vehicles.

1. 2000 Eagle 5th wheel trailer. Cost: $40,000 This trailer is used for a mobile office command Center by both the Modesto Police and Fire Departments that provides shelter, access to department computer and communication systems and restroom facilities during extended events. This vehicle is marked with the words, Modesto Police Department Command Post and is separated into three areas, the areas include a conference area with white boards and tables, a communications area with radios and computer capabilities and a private interviewing area.

2. 2001 Ford F550 truck. Cost: $42,159 This Vehicle is used to pull the 5th wheel trailer Mobile command post. And is marked with “Modesto Police” and has emergency lighting.
b. Purpose: To be used based on the specific circumstances of a given critical incident, large event, natural disaster, community event or for crime scene management.
c. Authorized use: The use of the command post vehicles shall only be authorized by a Watch Commander, a designated Incident Commander, SWAT Commander or Crisis Response Unit (CRU) Commander, based on the specific circumstances of a given critical incident. Command Post vehicles shall only be used by officers trained in their deployment and in a manner consistent with department policy and training.
d. Expected life span: vehicles, 20 years
e. Fiscal impact: Annual maintenance costs are projected to be approximately $10,000
f. Training: all drivers/operators will be trained with in-service training on vehicle operations and practical driving instruction and must be properly licensed through the State of California
g. Legal procedure rules: use is established under Department Policy 706 (vehicle use) and policy408 (Crisis Response Unit). It is the policy of the Modesto Police Department (MPD) to utilize the mobile command post vehicles only for official law enforcement purposes and in a manner pursuant to state law regarding the operation of motor vehicles.

Category 6- None
Category 7- None
#23..
- 734 -
Category 8- None
Category 9
M16A1 Select Fire Rifles: These rifles are used for training purposes only. When used for training these rifles are outfitted with upper receivers that are not capable of firing live 5.56 projectiles.
a. Description, quantity, capabilities and purchase cost of current M16A1 Select Fire Rifles.

1. M16A1select fire rifles. Cost: $0, Quantity:52 These rifles were obtained over 20 years ago through the military Surplus program (LESO). These rifles are only used for training. When used for training the rifles are outfitted with upper receivers that are not capable of firing live 5.56 projectiles.
b. Purpose: These rifles are for training purposes ONLY by SWAT team members and designated personnel of the Urban Rifle team (URO). These rifles are not used outside of a training environment.
c. Authorized use: These rifles are for training purposes by SWAT team members and designated personnel of the Urban Rifle team (URO). These rifles are not used outside of a training environment.
d. Expected life span: 40 years
e. Fiscal impact: Annual maintenance costs are projected to be approximately $500
f. Training: Personnel using these for training have either attended MPD’s POST certified 40-hour Urban Rifle course or the POST certified SWAT Basic course g. Legal procedure rules: use is established under Department policy 312 (Firearms). It is the policy of the Modesto Police Department (MPD) to utilize the M16A1 rifle only for official law enforcement purposes and in a manner pursuant to state and federal law.

Category 10- None
Category 11- None
Category 12
Flash Bangs, Tear Gas, pepper balls: Flashbangs are devices used to distract and disorientate dangerous persons. Chemical Agent (tear gas) Canisters contain chemical agents that are released when deployed. Pepper balls are a non-lethal projectile that contain a chemical irritant a. Description, quantity, capabilities and purchase cost.

1. Pepper ball FTC Launchers. Cost: $600 each, Quantity: 5, these launchers are compressed-air powered launchers designed to fire non-lethal Pepper ball projectiles which contain a chemical irritant.
#23..
- 735 -

2. Pepper ball Tippman Carbine Launchers. Cost: $200 each, Quantity: 2, these launchers are compressed-air powered launchers designed to fire non-lethal Pepper ball projectiles which contain a chemical irritant.

3. Pepper ball LIVE projectile. Cost: $2 per projectile Quantity: 3000. The basic pepper ball projectile contains 2% PAVA pepper powder and is designed for direct impact and area saturation, especially in confined interior spaces. the projectile is a non-lethal chemical irritant.

4. Combined Tactical Systems (CTS) 7290 Mini Flashbang. Cost: $40 each, Quantity:69. These are non-bursting, non-fragmenting devices that produce a thunderous bang with intense bright light. They are ideal for distracting dangerous subjects in high risk situations.

5. Combined Tactical Systems (CTS)5230 CS Gas Canister. Cost: $50 each, Quantity: 99, Large diameter canisters that discharge a high volume of smoke and chemical agent through multiple emission ports. Can be thrown or deployed with a launching delivery system.

6. Combined Tactical Systems (CTS)4330 40mm CS Liquid Barricade Ferrett rounds. Cost: $25Each, Quantity: 95, These rounds are CS filled projectiles that are used to penetrate intermediate barriers and deliver irritant agents into adjacent rooms. They are used to dislodge barricaded subjects from confined spaces. The purpose is to minimize risks to all persons through pain compliance, temporary discomfort and/or incapacitation of potentially violent or dangerous persons.

7. Defense Technology40mm warning/signaling munition #6029WS. Cost:
$45 each, Quantity:16. These are 40mm launched warning/signaling munitions that deliver 170 dB of sound and bright light

8. CTS 40 MM Aerial Warning Signal Flashbang #4090. Cost: $40 each Quantity: 3 These are 40mm launched warning/signaling munitions that deliver intense sound and bright light and are fired above a crowd during a riot situation.

9. CTS #4233 40 mm Riot CS Smoke canisters. Cost: $45 each Quantity: 38 These are 40mm launched CS smoke munitions emit CS Chemical irritant and smoke during a riot/Civil disorder situation.

10. CTS #6210 White Smoke Canister. Cost: $35 each, Quantity:18 These white smoke canisters are used for obstructing tactical movement and for signaling and marking a landing zone during any air operations. These are thrown manually

11. CTS #6340 OC Aerosol Canisters. Cost: $45 each, Quantity:14 These canisters deliver an invisible OC (Chemical irritant) and renders a Temporary respiratory effect on non-complaint subjects. These are thrown manually
#23..
- 736 -
b. Purpose: Flashbangs are a distraction device used to distract dangerous subjects during hostage recues, room entries or other high-risk situations.

They produce atmospheric over-Pressure and brilliant white light and as a result can cause short term (6-8 seconds) sensory deprivation to give officers a tactical advantage and increase officer safety. Chemical agent canisters are designed to limit the escalation of conflict and improve officer safety in high risk situations. Situations for use of Chemical agent systems may include but are not limited to

1. Self-Destructive, dangerous and/or combative subjects

2. Riot/crowd control and civil unrest incidents

3. Circumstances where a tactical advantage can be obtained

4. Potentially vicious animals

12. Training exercise and/or approved demonstrations
c. Authorized use: The use of the Chemical Agent munitions and delivery systems are authorized to be used only by officers who have been trained by POST certified Less Lethal and chemical agent instructors. They can only be used by officers trained in their deployment and in a manner consistent with department policy and training.
d. Expected life span: Pepper ball Launchers:20 years, Pepper ball projectiles: 2 years, Flashbangs: No expiration date. Chemical Agents/Tear gas: 5 years e. Fiscal impact: There are no projected Annual maintenance costs f. Training: The use of the Chemical agent munitions and delivery systems are authorized to be used only by officers who have been trained by POST certified Less Lethal and chemical agent instructors. The use of flashbangs is authorized to be used by officers of the SWAT team and who are trained in their deployment by POST certified instructors and in a manner consistent with department policy and training.
g. Legal procedure rules: use is established under Department Policy 300 (use of force) and policy308 (Control devices). It is the policy of the Modesto Police Department (MPD) to utilize Chemical agents, their delivery systems and flash bangs only for official law enforcement purposes and in a manner pursuant to state and federal law.

Category 13- None
Category 14
Projectile Launch munitions and Platforms: 40mm Launchers are utilized by Department personnel as a tear gas delivery system and as a Less lethal tool to launch impact rounds. The Less Lethal shotguns are used to deploy the Less Lethal 12-gauge Super-Sock Beanbag Impact round.
a. Description, quantity, capabilities and purchase cost. #23..
- 737 -

1. Remington 870 Less Lethal Shotgun. Cost: $600 each, Quantity: 37, The Remington 870 Less Lethal Shotgun is designated as such with High Visibility Bright Orange Stocks and Foregrips. They are used to deploy the Less Lethal Super-Sock Impact rounds up to a distance of 75 feet. The range of the weapon system helps to maintain space between officers and a suspect reducing the immediacy of the threat which is a principle of De-escalation.

2. 12 Gauge Super-sock Bean Bag Impact round. Cost: $5 per round, Quantity:350. These rounds are a 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 290 feet per second. These are considered impact weapons and provide accurate and effective performance when fired from the approved distance of not less then 5 feet. Effectiveness depends on many variables such as distance, clothing, stature and the area the projectile impacts.

3. Defense technology 40mm Single shot launcher. Cost: $1,000 each, Quantity:
2, The 40mm Single Shot Launcher is a tactical launcher. It will fire standard 40mm Less Lethal Ammunition and gas munitions. These are only authorized to be used by SWAT personnel and specifically designated members of the Mobile Field Force (MFF).

4. LMT 40mm Single shot launcher. Cost: $1,000 each, Quantity: 4, The 40mm LMT Single Shot Launcher is a tactical launcher. It will fire standard 40mm Less Lethal Ammunition and gas munitions. These are only authorized to be used by SWAT personnel and specifically designated members of the Mobile Field Force (MFF).

5. CTS 40MM foam baton munition # 4557. Cost: $35 each, Quantity 19: These munitions are a 40mm launched spin stabilized less lethal direct impact munition.

6. Defense technology 40mm Stinger Rubber Ball rounds Cost: $25 each, Quantity: 19, These munitions are a 40mm launched less lethal impact munition. Used for crowd/riot and civil disorder management. Each round contains approx. 18 60 mm rubber balls.
b. Purpose: Less Lethal munitions are designed to limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of less lethal weapon systems may include but are not limited to

5. Self-Destructive, dangerous and/or combative subjects

6. Riot/crowd control and civil unrest incidents

7. Circumstances where a tactical advantage can be obtained

8. Potentially vicious animals

9. Training exercise and/or approved demonstrations
c. Authorized use: The use of the less lethal munitions and delivery systems are authorized to be used only by officers who have been trained by POST certified Less Lethal instructors. They can only be used by officers trained in #23..
- 738 -
their deployment and in a manner consistent with department policy and training.
d. Expected life span: Bean bag shotguns:25-30 years, Bean bag munitions: no listed expiration, 40 mm launchers: 20 years
e. Fiscal impact: Annual maintenance costs are projected to be approximately $2,000
f. Training: The use of the less lethal munitions and delivery systems are authorized to be used only by officers who have been trained by POST certified Less Lethal instructors during in service training. g. Legal procedure rules: use is established under Department Policy 300 (use of force) and policy 308 (Control devices). It is the policy of the Modesto Police Department (MPD) to utilize less lethal munitions and delivery systems only for official law enforcement purposes and in a manner pursuant to state law regarding the operation of motor vehicles.

Category 15- None
#23..
- 739 -
1 ORDINANCE NO. ________

ORDINANCE APPROVING THE MODESTO POLICE DEPARTMENT MILITARY EQUIPMENT USE POLICY 710
WHEREAS, the Modesto Police Department is committed to using the most up-to-date tools and equipment to safeguard the residents of Modesto; and WHEREAS, Assembly Bill 481 (AB 481), codified at Government Code sections 7070 through 7075 requires a law enforcement agency to obtain approval from the applicable governing body, via adoption of a “military equipment” use policy by ordinance, prior to funding, acquiring, or using military equipment; and
WHEREAS, items deemed to be “military equipment” by AB 481 are used as a component of overall best practices for law enforcement agencies (LEAs) throughout the country; and WHEREAS, the term “military equipment”, as used in AB 481, in fact does not necessarily indicate equipment that has been used by the military; and WHEREAS, pursuant to AB 481, items deemed to be “military equipment” include, but are not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper balls, less lethal shotguns, less lethal 40mm projectile launchers, and flashbangs; and
WHEREAS, these items provide peace officers with the ability to safely resolve volatile situations which otherwise might rise to the level of a lethal force encounter; and WHEREAS, this policy outlines each item identified in Government Code section 7070, that is currently owned by MPD and the City of Modesto and also includes the current use and cost of each item; and
#23..
- 740 -
2 WHEREAS, these particular items have been in place prior to the implementation of AB 481 and any future acquisitions of any item deemed to be “military equipment” will require policy update and Council approval.

NOW, THEREFORE, the City Council of the City of Modesto does ordain as follows:

SECTION 1. FINDINGS
The City Council of the City of Modesto finds that all of the above Recitals and within this Ordinance are true and correct and incorporated herein by reference. The City Council hereby approves the Modesto Police Department Military Equipment Use Policy 710, attached hereto.

SECTION 2. SEVERABILITY.

If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application any other person or circumstance. The City Council or the City of Modesto hereby declares that it would have adopted each section, sentence, clause, or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of this Ordinance be declared invalid, unenforceable or unconstitutional.

SECTION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) The City Council hereby finds that the adoption of this Ordinance is exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3) of the State CEQA Guidelines. Specifically, this Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment because it does not authorize the construction of any new structures or other physical changes to the environment.

SECTION 4. EFFECTIVE DATE.
#23..
- 741 -
3 This Ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.

SECTION 5. PUBLICATION.

At least two (2) days prior to its final adoption, copies of this Ordinance shall be posted in at least three (3) prominent and distinct locations in the City; and a notice shall be published once in the Modesto Bee, the official newspaper of the City of Modesto, setting forth the title of this Ordinance, the date of its introduction and the places where this ordinance is posted.

The foregoing ordinance was introduced at a regular meeting of the Council of the City of Modesto held on the ____ day of May, 2022, by Council Member _________, who moved its introduction and passage to print, which motion being duly seconded by Council Member_____, was upon roll call carried and the ordinance adopted by the following vote:

AYES: Councilmembers:

NAYS: Councilmembers:

Absent: Councilmembers:

APPROVED:_________________________
SUE ZWAHLEN, Mayor
ATTEST:

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

BY: __________________________________
JOSE M. SANCHEZ, City Attorney
#23..
- 742 -
4 FINAL ADOPTION CLAUSE
The foregoing ordinance, having been published as required by the Charter of the City of Modesto, and coming on for final consideration at the regular meeting of the Council of the City of Modesto held on the _____ day of May , 2022, Councilmember ______________moved its final adoption, which motion being duly seconded by Councilmember ________________, was upon roll call carried and the ordinance adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:

SUE ZWAHLEN, MAYOR
ATTEST: ____________________________
DIANE NAYARES-PEREZ, City Clerk
Effective Date: _________________, 2022
#23..
- 743 -

Modesto City CouncilMay 3, 2022

Modesto City Council
May 3, 2022