Modesto City Council
May 24, 2022

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MODESTO CITY COUNCIL
www.modestogov.com
AGENDA
City of Modesto

CITY COUNCIL MEETING
Chambers, Basement Level
Tenth Street Place, 1010 10th Street
Modesto, California
Tuesday, May 24, 2022 at 5:30 PM
*Roll Call - Councilmembers Escutia-Braaton, Kenoyer, Madrigal, Ricci, Wright, Mayor Zwahlen
* Some Councilmembers may be participating in the meeting remotely via teleconferencing or other electronic means consistent with the AB 361.

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

VIDEO CONFERENCING AND TELEPHONE
In order to minimize the spread of the COVID-19 virus, this meeting will be conducted pursuant to AB 361, which amended the Brown Act’s teleconferencing provisions.

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

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

SUBMITTING COMMENTS BY E-MAIL
Written comments may be submitted via email to: [email protected] (include Agenda Item Number in the subject line). All comments will be shared with the - 1 -
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Councilmembers and placed in the record but will not be read aloud during the meeting.

Written comments must be received by 3:00 p.m. on the day of the meeting.

VIRTUAL PARTICIPATION BY ZOOM VIDEO

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

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

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

USING A COMPUTER OR SMART PHONE APP:
 Click on the “Raise Hand” feature in the webinar controls. This will notify City staff that you have raised your hand.
 City staff will unmute your microphone when it is your turn to provide public comment.
 A prompt will appear to confirm you would like to be unmuted and then you will have three minutes to provide public comment.
 Once your public comment has ended, you will be muted again.

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

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

MISCELLANEOUS
Legislation, Appointments, Other

1. Consider approving the Mayor’s appointments to the City of Modesto Standing Committees, and City Council Liaison Committees. (Funding Source: Not Applicable) Staff Recommendation:
 Motion approving the appointments to the Standing Committees and City Council Liaison Committees.

CITY MANAGER; Allison Van Guilder, 209-577-5228, [email protected]

2. Consider accepting the resignation of Lynn Dickerson from the City’s Blight Abatement Advisory Committee. (Funding Source: Not Applicable) Staff Recommendation:
 Resolution accepting the resignation of Lynn Dickerson from the City of Modesto Blight Abatement Advisory Committee.

CITY MANAGER; Scotty Douglass, 209-577-9149, [email protected]

3. Consider approving the appointment of Matthew Speckman to the Stanislaus Animal Services Agency Advisory Committee. (Funding Source: Not Applicable) Staff Recommendation:
 Resolution approving the appointment of Matthew Speckman to the Stanislaus Animal Services Agency Advisory Committee for a 2-year term beginning June 1, 2022.

CITY MANAGER; Scotty Douglass, 209-577-9149, [email protected] - 3 -
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PUBLIC COMMENT PERIOD
Please refer to special public comment instructions above Three-minute time limit per speaker
Only interested persons in the audience may present these matters. Under State law, Councilmembers may respond to matters being presented under this item only as follows:
a. Briefly respond to statements made or questions raised. b. Ask a question for clarification.
c. Provide a reference to staff or other resources for factual information. d. Request staff to report back at a subsequent meeting. e. Finally, a Councilmember or the Council itself may take action to direct staff to place a matter of business on a future agenda.

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

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

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

In accordance with the requirements of Title II of the Americans with Disabilities Act (“ADA”) of 1990, the Fair Employment & Housing Act (“FEHA”), the Rehabilitation Act of 1973 (as amended), Government Code section 11135 and other applicable codes, the City of Modesto (“City”) will not discriminate against individuals on the basis of disability in the City’s services, programs, or activities. For more information, please visit the City of Modesto website at https://www.modestogov.com/865/Americans-with-Disabilities-Act-ADA In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (209) 577-5396. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

CONSENT ITEMS
An item may be removed from consent and discussed at the request of an audience member or - 4 -
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Councilmember.

Consent

4. Consider approving the minutes from the May 10, 2022 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
 Motion approving the minutes from the May 10, 2022 Council Meeting.

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

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

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

6. Consider approving the First Amendment with TBWBH Props & Measures, San Francisco, CA for City of Modesto Professional Polling/Public Opinion Research Services, increasing the scope of services to include Task 2 to increase the Agreement by $114,634 including a 5% contingency, from $49,263 for a new estimated total amount not to exceed $163,897. (Funding Source: General Fund) Staff Recommendation:
 Resolution approving the First Amendment with TBWBH Props & Measures, San Francisco, CA for City of Modesto Professional Polling/Public Opinion Research Services, increasing the scope of services to include Task 2 to increase the Agreement by $114,634 including a 5% contingency, from $49,263 for a new estimated total not to exceed an amount of $163,897 and authorizing the City Manager, or his designee, to execute the Amendment.

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

7. Consider approving an Equipment Use and Broadcasting Agreement with Central Valley Media Center MyTV26 for the purchase and lease of a TelVue HyperCaster AIO B2000-4+ Digital Broadcast Server from TelVue Corporation, for an amount of $33,236 plus $3,324 in contingency for a total amount not to exceed $36,560, amending the Fiscal Year 2021-22 Annual Operating Budget to increase the expenditure budget in the Public Educational and Governmental Fund cost center in the amount of $36,560 to fund the purchase of the server and authorizing the City Manager to negotiate and execute the final terms of the Agreement with Central Valley Media MyTV26. (Funding Source: Public, Education, and Government (PEG) Funds) Staff Recommendation:
 Resolution approving an Equipment Use and Broadcasting Agreement with Central Valley Media Center MyTV26 for the purchase and lease of a TelVue HyperCaster AIO B2000-4+ Digital Broadcast Server from TelVue - 5 -
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Corporation, for an amount of $33,236 plus $3,324 in contingency for a total amount not to exceed $36,560, and authorizing the City Manager to negotiate and execute the final terms of the Agreement with Central Valley Media MyTV26.
 Resolution amending the Fiscal Year 2021-22 Annual Operating Budget to increase the expenditure budget in the Public Educational and Governmental Fund cost center in the amount of $36,560 to fund the purchase of the server and authorizing the City Manager or his designee, to take the necessary steps to implement the provisions of this resolution.

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

8. Consider amending the City’s Community Facilities Districts (CFDs) Policies and Procedures; authorizing the City Council to establish inter-fund loans from the General Fund up to $450,000 for the formation of future City CFDs; and authorizing the City Manager to carry out the necessary budget adjustments to implement the inter-fund loans for CFD formations up to the total amount of $450,000 to implement the action authorized by the City Council (Funding Source: General Fund) Staff Recommendation:
 Resolution amending the City’s Community Facilities Districts (CFDs) Policies and Procedures, authorizing the City Council to establish inter-fund loans from the General Fund up to $450,000 for the formation of future City CFDs; and authorizing the City Manager to carry out the necessary budget adjustments to implement the inter-fund loans for CFD formations up to the total amount of $450,000 to implement the action authorized by the City Council.

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

9. Consider approving the Award of Proposal and Agreement for Community Facilities Districts (CFDs) Administration Services to Goodwin Consulting Group, for a twoyear Agreement with three one-year extension options, for an annual estimated amount of $90,000 and a total amount not to exceed $450,000 over five years. (Funding Source: Various Community Facilities Districts)
Staff Recommendation:
 Resolution approving the Award of Proposal and Agreement for Community Facilities Districts (CFDs) Administration Services to Goodwin Consulting Group, for a two-year Agreement with three one-year extension options, for an annual estimated amount of $90,000 and a total amount not to exceed $450,000 over five years, and authorizing the City Manager, or his designee, to execute the Agreement.

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

10. Consider approving a two-year Agreement with Stanislaus County Behavioral Health and Recovery Services for the provision of a series of 40-hour Crisis Intervention and De-Escalation Training classes for an amount not to exceed $116,800. (Funding - 6 -
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Source: Grants - Police)
Staff Recommendation:
 Resolution approving a two-year Agreement with Stanislaus County Behavioral Health and Recovery Services for the provision of a series of 40-hour Crisis Intervention and De-Escalation Training classes for an amount not to exceed $116,800, and authorizing the City Manager, or his designee, to execute the Agreement.

POLICE DEPARTMENT; Chris Adams, 209-572-9500, [email protected] Consent

11. Consider approving the addition of the Sacramento Police Academy to the agencies authorized to furnish Police Officer Standards and Training Academy services and increase the estimated annual cost by $25,000 to a new total of $125,000 and the total amount not to exceed to $625,000 over five years, and rescinding Resolution No. 2021- 066. (Funding Source: General Fund)
Staff Recommendation:
 Resolution approving the addition of the Sacramento Police Academy to the agencies authorized to furnish Police Officer Standards and Training Academy services and increase the estimated annual cost by $25,000 to a new total of $125,000, and the total amount not to exceed to $625,000 over five years, and rescinding Resolution No. 2021-066.

POLICE DEPARTMENT; Chris Adams, 209-572-9500, [email protected] Consent

12. Consider approving the City’s sponsorship of the 23rd Annual 2022 North Modesto Kiwanis Graffiti Parade and Car Show, including the waiver of City permit fees, Police Department overtime and vehicle costs, and Streets Division labor and equipment costs at an estimated cost of $82,430. (Funding Source: Surface Transportation Fund and General Fund)
Staff Recommendation:
 Resolution approving the City of Modesto sponsorship of the 23rd Annual 2022 North Modesto Kiwanis Graffiti Parade and Car show, including a waiver of City permit fees, Police Department overtime and vehicle costs, and Streets Division labor and equipment costs at an estimated total cost of $82,430, and authorizing the City Manager, or his designee, to execute any documents necessary related to the sponsorship.

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

13. Consider accepting the Del Rio Well 70 (Replacing Well 271) Surface Improvements Project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $2,444,787 to Conco-West, Inc., of Manteca, California. (Funding Source: Water Fund-CIP) Staff Recommendation:
 Resolution accepting the Del Rio Well 70 (Replacing Well 271) Surface Improvements as complete, authorizing all necessary steps to file with the - 7 -
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County Recorder, releasing securities, and releasing payments totaling $2,444,787 to Conco-West, Inc. of Manteca, CA.

UTILITIES; Jesse Franco, 209-571-5175, [email protected] Consent

14. Consider accepting the Rebid Codoni Lift Station Force Main Replacement Project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $242,334 to Rolfe Construction Company, Inc., of Atwater, CA. (Funding Source: Wastewater Fund) Staff Recommendation:
 Resolution accepting the Rebid Codoni Lift Station Force Main Replacement Project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $242,334 to Rolfe Construction Company, Inc., of Atwater, CA.

UTILITIES; Jesse Franco, 209-571-5175, [email protected]

COUNCIL COMMENTS & REPORTS

CITY MANAGER COMMENTS & REPORTS

HEARINGS
Published in the Modesto Bee on May 9, 2022

15. Hearing to consider approving a Capital Facilities Fees Exemption Agreement, in the amount of $62,100, with Stanislaus County Affordable Housing Corporation (STANCO) for a six-unit project located at 835 California Avenue. (Funding Source:

Capital Facilities Fees Fund)
Staff Recommendation:
 Resolution approving a Capital Facilities Fees Exemption Agreement, in the amount of $62,100, with Stanislaus County Affordable Housing Corporation for the six-unit project located at 835 California Avenue, and authorizing the City Manager, or his designee, to execute the Agreement.

CED; Jessica Hill, 209-577-5321, [email protected]
Published in Modesto Bee on May 9, 2022.

16. Hearing to consider approving the City of Modesto HOME-American Rescue Plan (ARP) as the Program Year 2021-2022 Annual Action Plan Amendment #1, accepting the HOME-ARP grant in the amount of $3,409,774, and amending the Fiscal Year 2021-2022 Multi-Year Fund Budget to program the HOME-ARP grant funds awarded to the City of Modesto. (Funding Source: HOME-ARP Grant Funds) Staff Recommendation:
 Resolution approving the City of Modesto HOME-American Rescue Plan as the Program Year 2021-2022 Annual Action Plan Amendment #1 and accepting the HOME-ARP grant in the amount of $3,409,774, and authorizing the City Manager, or his designee, to negotiate and execute any forms related to the acceptance of this grant.
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 Resolution amending the Fiscal Year 2021-2022 Multi-Year Fund Budget, amending the allocation of American Rescue Plan Act of 2021 HOME grant funds in the amount of $3,409,774 with the appropriate revenue and expenditure allocations and authorizing the City Manager, or his designee to accept the Federal Grant Funds and to take the necessary steps to implement the provisions of this resolution.

CED; Jessica Hill, 209-577-5321, [email protected]
Published in the Modesto Bee on April 24, 2022.

17. Hearing to approve the City of Modesto Program Year 2022-2023 Annual Action Plan and amending the City of Modesto’s Fiscal Year 2022-2023 annual operating, multiyear and capital improvement project budgets to reflect the allocation of funds outlined in the program year 2022-2023 Annual Action Plan. (Funding Source: Community Development Block Grant, HOME Investment Partnerships and Emergency Solutions Grant Funds)
Staff Recommendation:
 Resolution approving the City of Modesto Program Year 2022-2023 Annual Action Plan for use of Community Development Block Grant Programs, Emergency Solutions Grant, and HOME Investment Partnerships Program funding received from the U.S. Department of Housing and Urban Development and authorizing the City Manager, or his designee, to negotiate and execute any related program Agreements, contracts or other documentation required for implementation of the Program Year 2022-2023 Annual Action Plan, and authorizing the City Manager to submit applicable documentation and provide technical alterations, as required by HUD, incorporate comments received prior to the close of the public comment period, and to make the necessary steps to implement the provision of this resolution.  Resolution approving the allocation of funds outlined in the program year 2022- 2023 Annual Action Plan budget to reflect proposal submitted to the U.S.

Department of Housing and Urban Development and authorizing the City Manager, or his designee, to take the necessary steps to implement the provisions of this resolution.

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

MATTERS TOO LATE FOR THE AGENDA
These may be presented by members of the City Council and staff upon determination by a majority vote that an emergency exists, as defined by State law, or by a 2/3 vote that (1) there is a need to take immediate action, and (2) that the need for action came to the City’s attention after the agenda was posted.

ADJOURNMENT
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CLOSED SESSION
Please take notice that a special Closed Session meeting of the Council of the City of Modesto has been called pursuant to Section 2-1.02 of the Modesto Municipal Code to be convened on TUESDAY, MAY 24, 2022 at 4:00 PM
and after the regularly scheduled meeting in the Tenth Street Place, Chambers Conference Room, Basement Level, 1010 Tenth Street, Modesto, California.

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

The business to be considered at said City Council meeting shall consist of a Closed Session concerning the following:

CLOSED SESSION

PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Pursuant to Section 54957 of the Government Code)
Title: City Attorney
CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCEA Negotiator: Christina Alger
Employee Organization: Modesto City Employees Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCMA Negotiator: Christina Alger
Employee Organization: Modesto Confidential & Management Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MPOA Negotiator: Christina Alger
Employee Organization: Modesto Police Officers’ Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MPNSA Negotiator: Christina Alger
Employee Organization: Modesto Police Non-Sworn Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) –MPMA Negotiator: Christina Alger
Employee Organization: Modesto Police Management Association - 10 -
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CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCFFA Negotiator: Christina Alger
Employee Organization: Modesto City Firefighters Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – Unrepresented Negotiator: Christina Alger
Employee Organization: Unrepresented Management and Confidential Employees Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
at by
date time signature
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

May 24, 2022
Date: May 9, 2022
TO: Mayor and Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Joseph P. Lopez, City Manager
SUBJECT: Appointment of Standing Committees and City Council Liaison Committees CONTACT: Allison Van Guilder, [email protected], 209-577-5228 DESCRIPTION:

Consider approving the Mayor’s appointments to the City of Modesto Standing Committees, and City Council Liaison Committees. (Funding Source: Not applicable) STRATEGIC PLAN ELEMENT:

This item supports the City’s Strategic Plan Commitment for Governance and Service Delivery, Goal I: Promote trust and engagement between the community and the City.

BACKGROUND:

On April 20, 2022, former Council Member Zoslocki submitted a letter of resignation, ending his term as Council Member effective 12:00 p.m. that day due to moving outside of his Council District. Mr. Zoslocki was first elected to the Council in November of 2013, and re-elected to his seat in 2017. This resignation has created the need to fill the resulting vacancies on various Council standing and liaison committees.

In accordance with Section 601(g) of the Charter, “the Mayor may appoint with the advice and consent of the Council, a Chairman, a Vice Chairman, one regular member and one alternate member to each standing, special, and ad hoc committee of the Council.” The City Council most recently considered and approved the appointments to the City’s Standing and Liaison Committees on December 7, 2021 for the 2022 calendar year.

DISCUSSION:

In accordance with the outlined provisions of the Charter, the Mayor is recommending the following appointments to the City’s Standing and Liaison committees as set forth in the table below and Attachment 2, respectively for the remainder of the 2022 calendar year. With the approval of the Council, these appointments will be made and go into effect immediately. #1..
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City Council, May 24, 2022
Appointment of Standing Committees and
City Council Liaison Committees

The annual process of committee assignments is a critical element of public engagement and promoting a diversity of opinions in the City’s standing and liaison committees. The Mayor has restructured several of the chair and vice chair assignments of the committees to help ensure that all members of the Council are afforded the ability to participate in the committee meetings.

FISCAL IMPACT:

There is no fiscal impact associated with this item.

COMMITTEE RECOMMENDATION
This item was not considered by a Council Committee.

RECOMMENDED ACTION:

Staff Recommendation:

Motion approving the appointments to the Standing Committees and City Council Liaison Committees.

Approved by:

Joseph P. Lopez, City Manager
Attachments:

1. Attachment 1: Standing Committee Structure

2. Attachment 2: City Council Liaison Committees
5106405.1
Safety and
Communities
• Chris Ricci,
Chair
• Sue Zwahlen,
Vice Chair
• Rosa EscutiaBraaton,
Member
Economic
Development
• Sue Zwahlen,
Chair
• Chris Ricci,
Vice Chair
• David Wright,
Member
Finance
• David Wright,
Chair
• Rosa EscutiaBraaton, Vice
Chair
• Jenny
Kenoyer,
Member
Audit
• Sue Zwahlen,
Chair
• David Wright,
Vice Chair
• Jenny
Kenoyer,
Member
Appointments
• Rosa EscutiaBraaton, Chair
• David Wright,
Vice Chair
• Chris Ricci,
Member
Cannabis
Permit Review
• Rosa EscutiaBraaton, Chair
• Sue Zwahlen,
Vice Chair
• Tony Madrigal,
Member
#1..
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City of Modesto Committee System – May 24, 2022

Safety and Communities Committee
• Public Safety
• Recreation
• Parks
• Cultural Arts
• Landmark Preservation
• Youth
• Assisted Housing
• CDBG
• Neighborhood Preservation
• Golf
• Senior Citizens
• Social Services
• Emergency Medical System
• Emergency Preparedness
• Gangs, Drugs, Graffiti
• Code Enforcement
• Law Enforcement
• Fire Services
• Non-motorized Transportation
Meets: 2nd Monday of the month
@ 5:00 p.m
Economic Development Committee
• Economic Development
• Land Use
• Transportation
• Utilities
• Urban Growth
• Redevelopment
• Air Quality
• Airport
• Appointments
• Railroads
• Taxi & Limousine Franchises
• Traffic
• Transit
• Downtown Master Plan
• Stormwater, Wastewater & Water
Master Plans
• Solid Waste
• Cable Contract Enforcement
• Housing – RDA, General Plan,
Citywide Policies
Meets: 1st Monday of the month
@ 5:30p.m.

Finance Committee
• Financial Statement Audit
• Budget Policy
• General Purposes Revenue
• Increases
• Long-Term Debt
• Treasury Management Policies
• Personnel System
• Other Cities
• Schools
• Information & Technology Policy
Meets: 4th Monday of the month @
3:00p.m.
• Review and recommend
appointment to citizen advisory
groups
Meets: As needed.

Appointments
Committee
Chair: Chris Ricci
Vice-Chair: Sue Zwahlen
Rosa Escutia-Braaton
Chair: Sue Zwahlen
Vice-Chair: Chris Ricci
David Wright
Chair: David Wright
Vice-Chair: Rosa Escutia-Braaton
Jenny Kenoyer
Chair: Rosa Escutia-Braaton
Vice Chair: David Wright
Chris Ricci
• Internal Audits
• Financial Statement
Meets: As needed.

Chair: Sue Zwahlen
Vice Chair: David Wright
Jenny Kenoyer Audit
Chair: Rosa Escutia-Braaton
Vice Chair: Sue Zwahlen
Tony Madrigal Cannabis Permit Review
• Approve nondispensary cannabis
permits.

Meets: As needed.

Meets: As needed.
#1..
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City of Modesto
City Council Liaison Committees
May 24, 2022

BLIGHT ABATEMENT ADVISORY COMMITTEE
Member (Non-Voting): David Wright
Meets: Monthly
The Blight Abatement Advisory Committee acts as an advisory body to the City Council on policies to address blight in the community.

CITY-COUNTY AIRPORT ADVISORY COMMITTEE
Member(s): David Wright
Alternate: Tony Madrigal
Meets: Bi-Monthly
The City of Modesto operates the Modesto City-County Airport for the benefit of all residents, business owners and visitors in and around the City of Modesto and surrounding areas. The Committee advises the City Manager and The Modesto City council on policy matters pertaining to the operation and management of the Modesto CityCounty Airport, the uses of the property adjacent to the airport if such uses may impact operations at the airport and any other matters as the City Manager may from time to time request.

CITY–COUNTY LIAISON COMMITTEE
Member(s): Sue Zwahlen
Rosa Escutia-Braaton
David Wright
Joe Lopez
Jose Sanchez
Meets: Quarterly
The City–County Liaison Committee meets to discuss issues involving both agencies.

CITIZENS HOUSING AND COMMUNITY DEVELOPMENT COMMITTEE
Member(s): Chris Ricci
David Wright
Alternate: Jenny Kenoyer
Meets: Monthly
The Citizens Housing and Community Development Committee provides overall review of the City’s HUD funds. The committee makes funding recommendations to the Modesto City Council regarding the HUD Community Development Block Grant, Emergency Shelter Grant, and HOME Investment Partnership Grant programs. #1..
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CITY’S RDA SUCCESSOR AGENCY/STANISLAUS COUNTY
Member: Rosa Escutia-Braaton
Alternate: Jenny Kenoyer

HOUSING REHABILITATION LOAN COMMITTEE
Member(s): David Wright
Mayor/Council Appointment(s): Mayor or Designee
Meets: First and Third Thursdays (Monthly)
The Rehabilitation and Loan Committee develops the administrative procedures and policies for housing rehabilitation loan funds as well as the down payment assistance program, eligibility and extent of governmental and private sector commitment of funds, and makes recommendations on policy issues to the Citizens Housing and Community Development Committee.

LAFCO
Member(s) Turlock/Riverbank
Mayor/Council Appointments: Majority of City Selection Committee Meets: Monthly
Stanislaus LAFCO is responsible for coordinating logical and timely changes in local governmental boundaries, conducting special studies which review ways to reorganize, simplify, and streamline governmental structure and preparing Spheres of Influence for each city and special district within each county. The Commission's efforts are directed to seeing that services are provided efficiently and economically while agricultural and open-space lands are protected.

LCC – CENTRAL VALLEY DIVISION
Member: Rosa Escutia-Braaton
Mayor Appointment: Mayor
Meets: Quarterly

MID DOMESTIC WATER POLICY BOARD
Member(s): Sue Zwahlen
David Wright
Alternate: Chris Ricci
Mayor/Council Appointment(s): Two members of City Council Meets: Monthly
The MID Domestic Water Policy Board is the Policy Board that implements the Treatment and Delivery Agreement between MID and the City of Modesto for the Modesto Water Treatment Plant. It was originally comprised of three agencies: MID, City of Modesto, and Del Este each with two seats on the Policy Board. Since the City of Modesto bought Del Este on 1995, the City now holds four of the six seats. The revised TDA changes the number of seats for the City of Modesto from four seats to two seats effective November 1, 2005.
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5/10/2022 3

NORTH COUNTY CORRIDOR JPA
Member (s): David Wright
Alternate: Jenny Kenoyer
Meets: Monthly

NORTH VALLEY REGIONAL RECYCLED WATER JPA
Member(s): Chris Ricci
Meets: As Needed

SAN JOAQUIN COUNTY AIR POLLUTION CONTROL BOARD - SPECIAL CITY SELECTION

COMMITTEE
Member: Chris Ricci
Alternate: Tony Madrigal
Meets: As needed
On September 30, 2008 Governor Schwarzenegger signed SB 1548 (Florez) which creates Section 40600.5 of the Health and Safety Code (H&SC) establishing a valley-wide Special City Selection Committee which is charged with making appointments of city representatives to the San Joaquin Valley Air Pollution Control District’s (District’s) Governing Board. The Special City Selection Committee consists of one member selected by a majority vote of the council of each city located within the District. An alternate can be selected to attend if the primary member is unable to attend a meeting.

STANCOG POLICY BOARD/EXECUTIVE BOARD
Executive Board: Jenny Kenoyer
Policy Board:

Member(s): Sue Zwahlen
Rosa Escutia-Braaton
Jenny Kenoyer
Alternate: Tony Madrigal
Meets: Third Wednesday of the Month
StanCOG (Stanislaus County Council of Governments) is comprised of representatives from each city in Stanislaus County and is responsible for regional planning, transportation, and housing within the county.

STANISLAUS COUNTY DISASTER COUNCIL
Member(s): Sue Zwahlen
Alternates: Chris Ricci
The Disaster Council makes recommendations to local governing agencies on matters pertinent to the development of mitigation, disaster preparedness, response and recovery plans, and programs for any potential local emergency. This allows for #1..
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consistent and uniform standards so that plans do not conflict with one another. Disaster Council meetings provide for communication and coordination between the public and private sectors in the County in analyzing and developing plans, projects, policies, and procedures for emergency operations.

STANISLAUS ECONOMIC DEVELOPMENT ACTION COMMITTEE
Member(s): Sue Zwahlen
Alternate: Rosa Escutia-Braaton
Meets: Quarterly
The Economic Development Action Committee coordinates local participation in activities that stimulate new public and private investment, and seeks grants and local funds from the Federal Economic Development Administration.

STANISLAUS COUNTY LOCAL TASK FORCE ON SOLID WASTE MANAGEMENT Member(s): Chris Ricci
Alternate: Rosa Escutia-Braaton
Meets: Second Thursday of the Month
The Task Force serves as the advisory body for both the County and all nine incorporated cities relative to Integrated Solid Waste Management. The group assists the jurisdictions in identifying, developing, and implementing environmentally sound solid waste management policies, procedures, and programs. The Task Force assists, advises, and provides technical support relative to meeting the mandates of the California Integrated Waste Management Act of 1989.

STANISLAUS COUNTY WASTE TO ENERGY JPA
Member(s): Chris Ricci
Rosa Escutia-Braaton
Alternate: Jenny Kenoyer
Meets: Quarterly (or more often as needed)
The Waste to Energy Joint Powers Authority is the policy board over the City – County Waste to Energy Plant managed by Covanta. The committee meets a minimum of once a quarter throughout the year.

STANISLAUS HOMELESS ALLIANCE
Member: Sue Zwahlen
Meets: Monthly
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STANISLAUS REGIONAL TRANSIT JPA
Members: Jenny Kenoyer
Chris Ricci
Alternate: David Wright
Meets: Monthly
Stanislaus Regional Transit Authority (StanRTA), was formed to improve transit efficiencies and operations in the Stanislaus region. StanRTA will merge the City of Modesto MAX and the Stanislaus County StaRT transit systems into one system to better serve transit users.

TENTH STREET PLACE JPA
Member(s): Chris Ricci
David Wright
Alternate: Rosa Escutia-Braaton
Meets: Monthly
The Tenth Street Place Joint Powers Authority is comprised of a six-member policy board overseeing the operation of Tenth Street Place.

TUOLUMNE RIVER REGIONAL PARK JPA COMMISSION
Member(s): Chris Ricci
Tony Madrigal
Meets: Monthly
The Tuolumne River Regional Park Committee acts in an advisory capacity to City of Modesto staff in carrying out the provisions of the TRRP Park agreement. The committee also serves in an advisory capacity to the legislative bodies of the parties in the agreement.

SR 911 EMERGENCY DISPATCH JPA COMMISSION
Member(s): Sue Zwahlen
Alternate: David Wright
Meets: Third Wednesday of Every
Monthly
Call processing and dispatch protocols are developed in conjunction with the responder agencies and adopted by our Dispatch Advisory Board (Sheriff, County Fire Warden, Modesto Police Chief and Modesto Fire Chief). SR9-1-1 staff apply these protocols when processing information for dispatch or in providing referral information to callers. #1..
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

May 24, 2022
Date: April 26, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Scotty Douglass, Deputy City Manager
SUBJECT: Blight Abatement Advisory Committee Resignation CONTACT: Scotty Douglass, Deputy City Manager, [email protected], (209) 577-9149
DESCRIPTION:

Consider accepting the resignation of Lynn Dickerson from the City’s Blight Abatement Advisory Committee. (Funding Source: Not Applicable)
STRATEGIC PLAN ELEMENT:

This action supports the City Council’s 2020-2025 Strategic Plan, Goal I, Promote Trust and Engagement.

BACKGROUND:

The Blight Abatement Advisory Committee consists of 9 members1 appointed by the City Council. The mission of the Blight Abatement Advisory Committee is to promote public engagement concerning blight abatement in the community and to make recommendations to the City regarding program improvements, potential funding opportunities, and support with increasing volunteerism.

DISCUSSION:

On April 13, 2021, by Resolution 2021-124, Ms. Dickerson was appointed to the Blight Abatement Advisory Committee on April 13, 2021. Ms. Dickerson has formally resigned from the Blight Abatement Advisory Committee as of March 16, 2022.

FISCAL IMPACT:

There is no fiscal impact related to this action.
1 The Blight Abatement Advisory Committee consists of 9 members. 7 members must be registered voters in the City of Modesto, and 2 members must live outside of Modesto City Limits and registered voters in Stanislaus County. This is to encourage partnerships in communities where the City and County boundaries are adjacent to one another. https://www.modestogov.com/2758/Blight-Abatement-Advisory-Committee #2..
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City Council, May 3, 2022
Blight Abatement Advisory Committee Resignation

COMMITTEE RECOMMENDATION:

This item was not presented to Council Committee.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution accepting the resignation of Lynn Dickerson from the City of Modesto Blight Abatement Advisory Committee.

Approved by:

Scotty Douglass, Deputy City Manager
Joseph P. Lopez, City Manager
Attachments:

1. City Council Resolution -- Resignation
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-

RESOLUTION ACCEPTING THE RESIGNATION OF LYNN DICKERSON FROM

THE CITY OF MODESTO BLIGHT ABATEMENT ADVISORY COMMITTEE WHEREAS, Lynn Dickerson was appointed to serve as a member of the Blight Abatement Advisory Committee on April 13, 2021, by City Council Resolution 2021-124; and WHEREAS, Lynn Dickerson tendered her resignation from the Blight Abatement Advisory Committee, effective March 16, 2022.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby accepts the resignation of Lynn Dickerson from the Blight Abatement Advisory Committee.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 24th 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
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

May 24, 2022
Date: April 26, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Scotty Douglass, Deputy City Manager
SUBJECT: Stanislaus Animal Services Agency Advisory Committee Appointment CONTACT: Scotty Douglass, Deputy City Manager, [email protected], (209) 577-9149
DESCRIPTION:

Consider approving the appointment of Matthew Speckman to the Stanislaus Animal Services Agency Advisory Committee. (Funding Source: Not Applicable) STRATEGIC PLAN ELEMENT:

The recommended action supports the City of Modesto’s 2020-2025 Strategic Plan Initiative:

Great Quality of Life: Improve community safety and quality of life through a combination of prevention and intervention efforts that address safety and its underlying issues.

BACKGROUND:

The authority for the formation and operation of this Committee is set forth in the Joint Powers Agreement Establishing the Stanislaus Animal Services Agency (“SASA”) dated October 27, 2009, paragraph 3.3 (j) and Government Code section 6500. The SASA Board approved formation of this Committee at its meeting on September 15, 2011.

The Committee is established to protect and enhance the quality of life for animals and residents of Stanislaus County. Responsibilities include educating the community on animal care; public relations; and serving as a resource. The purpose of the Stanislaus Animal Services Agency Advisory Committee members includes serving as an advisor to the SASA Board and Executive Director, promote a public awareness of the Stanislaus Animal Services Agency, develop methods to promote adoption of animals at the shelter, develop methods to decrease the number of animals entering the shelter, and continue efforts to increase and encourage volunteer participation at the shelter.

The composition of this Committee shall be comprised of seven (7) members: six (6) membersEach member of the Stanislaus Animal Services Agency Board shall appoint a member to the Committee who shall reside in that member’s jurisdiction; and one (1) member who shall be a licensed veterinarian appointed by the SASA Board. The licensed veterinarian must reside and #3..
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City Council, May 24, 2022
Stanislaus Animal Services Agency Advisory Committee Appointment

maintain a physical location for their practice within County of Stanislaus or any of its cities. The Committee will draw on consultation of California Licensed Veterinarians, kennel owner/operators, animal groups, and others, as needed. The consultants will provide their expertise in a non-voting capacity.

DISCUSSION:

Each SASA Board member shall recommend an individual for appointment to the Committee in accordance with its local rules, and then subject to the SASA Board’s approval. All Committee members shall serve a term of two (2) years, and may be re-appointed for a second term with the approval of the SASA Board. After sitting out one term, a Committee member may re-apply for appointment. Members shall serve without compensation.

There is currently a single vacancy on the SASA Advisory Committee, and staff recommends selection of a member to represent the City of Modesto for a period of two (2) years as outlined above.

FISCAL IMPACT:

There is no fiscal impact related to this action.

COMMITTEE RECOMMENDATION:

The Council Appointments Committee considered applicants to the Stanislaus Animal Services Agency Advisory Committee at their April 7, 2022 meeting. The committee supports and recommends Council appointment of Matthew Speckman for a two (2) year term.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the appointment of Matthew Speckman to the Stanislaus Animal Services Agency Advisory Committee for a 2-year term beginning June 1, 2022.

Approved by:

Scotty Douglass, Deputy City Manager
Joseph P. Lopez, City Manager
Attachments:

1. Resolution – Appointment

2. Stanislaus Animal Services Agency Advisory Committee Bylaws #3..
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-

RESOLUTION APPROVING THE APPOINTMENT OF MATTHEW SPECKMAN TO

THE STANISLAUS ANIMAL SERVICES AGENCY ADVISORY COMMITTEE FOR A 2-YEAR TERM BEGINNING JUNE 1, 2022
WHEREAS, the authority for the formation and operation of this Committee is set forth in the Joint Powers Agreement Establishing the Stanislaus Animal Services Agency (“SASA”) dated October 27, 2009, paragraph 3.3 (j) and Government Code section 6500.

The SASA Board approved formation of this Committee at its meeting on September 15, 2011; and
WHEREAS, the Committee is established to protect and enhance the quality of life for animals and residents of Stanislaus County; and WHEREAS, the Committee’s responsibilities include educating the community on animal care; public relations; and serving as a resource; and WHEREAS, the purpose of the Stanislaus Animal Services Agency Advisory Committee members includes serving as an advisor to the SASA Board and Executive Director, promote public awareness of the Stanislaus Animal Services Agency, develop methods to promote adoption of animals at the shelter, develop methods to decrease the number of animals entering the shelter, and continue efforts to increase and encourage volunteer participation at the shelter; and
WHEREAS, the composition of this Committee shall be comprised of seven (7) members: six (6) members-Each member of the Stanislaus Animal Services Agency Board shall appoint a member to the Committee who shall reside in that member’s jurisdiction; and one (1) member who shall be a licensed veterinarian appointed by the SASA Board; and
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WHEREAS, each SASA Board member shall recommend an individual for appointment to the Committee in accordance with its local rules, and then subject to the SASA Board’s approval, and all Committee members shall serve a term of two (2) years, and may be re-appointed for a second term with the approval of the SASA Board.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the appointment of Matthew Speckman to the Stanislaus Animal Services Agency Advisory Committee for a 2-year term beginning June 1, 2022.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 24th 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
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1 STANISLAUS ANIMAL SERVICES AGENCY

ADVISORY COMMMITTEE
BYLAWS
Adopted June 21, 2012
Amended November 20, 2014
ARTICLE 1-NAME
The name of this committee shall be the “Stanislaus Animal Services Agency Advisory Committee. Whenever the term “Committee” is used in these Bylaws, it shall mean Stanislaus Animal Services Agency Advisory Committee.

ARTICLE 2 - AUTHORITY
The authority for the formation and operation of this Committee is set forth in the Joint Powers Agreement Establishing the Stanislaus Animal Services Agency (“SASA”) dated October 27, 2009, paragraph 3.3 (j) and Government Code section 6500. The SASA Board approved formation of this Committee at its meeting on September 15, 2011.

ARTICLE 3-PURPOSE
The Committee is established to protect and enhance the quality of life for animals and residents of Stanislaus County. Responsibilities include educating the community on animal care; public relations; and serving as a resource. • Serve as an advisor to the SASA Board and Executive Director • Promote a public awareness of the Stanislaus Animal Services Agency • Develop methods to promote adoption of animals at the shelter. • Develop methods to decrease the number of animals entering the shelter. ▪ Continue efforts to increase and encourage volunteer participation at the shelter.

ARTICLE 4-MEMBERSHIP
Section 1. Composition. The composition of this Committee shall be comprised of seven (7) members: six (6) members-Each member of the Stanislaus Animal Services Agency Board shall appoint a member to the Committee who shall reside in that member’s jurisdiction; and one (1) member who shall be a licensed veterinarian appointed by the SASA Board. The licensed veterinarian must reside and maintain a physical location for their practice within County of Stanislaus or any of its cities.
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2 The Committee will draw on consultation of California Licensed Veterinarians, kennel owner/operators, animal groups, and others, as needed. The consultants will provide their expertise in a non-voting capacity.

Section 2. Subcommittees. There shall be standing, ad hoc sub-committees.

The Chairperson shall recommend members for appointment to these subcommittees, subject the approval of the Committee. No more than three (3) Committee members may serve on each subcommittee. Each subcommittee shall select a chairperson who may or may not be a member of the Committee.

Section 3. Other. The Chairperson shall be an ex-officio member of all committees. All plans and/or recommendations from a subcommittee shall be (a) presented by the sub-committee chairperson, or designee, to the Committee for action and (b) acted upon at the next regularly scheduled meeting of the Committee.

ARTICLE 5-MEETINGS
Section 1. Date and Location of Meetings. The regular meetings of this Committee shall be held on the first Thursday of January, February, April, May, July, August, October and November at 3647 Cornucopia Way, at 6:00pm.

All meetings of the Committee shall be conducted in accordance with the Ralph M. Brown Act. The Chair or a majority of the Committee members may call a special meeting to conduct business outside of the regularly scheduled meeting dates, as needed.

Section 2. Cancellation of Meetings. The Chair of the Committee may cancel a meeting with 72 hours notice. In the event of a meeting cancellation, the Secretary shall provide a notice stating the date, time, and place of the next meeting of the Committee.

Section 3. Public Comment. Every agenda for regular and special meetings shall provide an opportunity for members of the public to address the Committee on any item of interest concerning the Stanislaus Animal Services Agency.

Section 4. Agenda. At least five days before each regular meeting the Secretary shall post and send by email a copy of the agenda of the meeting to each Committee member and member of the public who has requested in writing to receive the agendas of Committee meetings. Committee members shall also receive the printed materials referenced in the agenda, provided they are a reasonable size. In addition, all printed materials referenced in the agenda of the Committee shall be available for public review at the offices of SASA. #3..
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3 ARTICLE 6 - PARLIAMENTARY PROCEDURE
Section 1. Parliamentary Authority. The rules of parliamentary practice set forth in Robert's Rules of Order shall govern all meetings of the Committee.

Section 2. Quorum. A quorum shall consist of a simple majority of the members of the Committee. In the absence of a quorum, the Committee may adjourn or may reschedule the meeting to a specific date and time.

Section 3. Voting. Each of the seven members shall be a voting member of the Committee. The affirmative vote of a majority of a quorum of the Committee shall constitute the vote required for action.

Section 4- Attendance at Meetings. Members are expected to attend all meetings of the Committee and those meetings of the sub-committees on which the member sits. A member who is unable to attend a meeting shall give advance notice of his/her inability to attend the meeting to the chairperson or secretary. A roll call shall be taken at the beginning of each meeting. A member who arrives late (after roll call) has the responsibility to notify the secretary taking minutes of his/her arrival before or by the end of the meeting.

ARTICLE 7-OFFICERS
Section 1-Terms of Chairperson and Vice Chairperson. The officers of the Committee shall be a Chairperson (“Chair”) and a Vice-Chairperson (“Vice Chair”). At the first regular meeting of the Committee in January of each calendar year, the members of the Committee shall elect officers from among them. The officers shall take office on the date of their election. Officers shall be elected to serve for one year (1) year or until their successor is elected.

Section 2- Chair Responsibilities. The Chair shall preside at all meetings of the Committee, shall preserve order and decorum, shall decide all questions of order raised by any member, and shall determine the agenda for each meeting in consultation with SASA Executive Director. The Chair shall have the right to participate in the proceedings of the Committee. The Chair shall represent the Committee before the SASA Agency Board. In the absence of the Chair, the Vice-Chair shall preside until such time as the Chair returns or until the next scheduled election. In the absence of both the Chair and the Vice-Chair, the members shall select by motion a member to preside over the meeting.

Section 3-Secretary.

The SASA Executive Director shall appoint a staff person to serve as Secretary.

The Secretary is not a member of the Committee and has no vote. The duties of the Secretary are to act as custodian of the records of the Committee, to make a complete record of the proceedings of the Committee, and to perform other functions directed by the Committee or by these Bylaws
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4 ARTICLE 8-ADVISORY COMMITTEE
Section 1-Term of Office. Each SASA Board member shall recommend an individual for appointment to the Committee in accordance with its local rules, and then subject to the SASA Board’s approval. All Committee members shall serve a term of two (2) years, and may be re-appointed for a second term with the approval of the SASA Board. After sitting out one term, a Committee member may re-apply for appointment. Members shall serve without compensation.

Section 2-Removal. Committee members may be removed for good cause by the SASA Board. Upon removal, the SASA Board shall appoint a suitable person, from the same jurisdiction as the removed member, to serve the remaining term of a Committee member. The person appointed to fill this unexpired term shall not be considered to have served a term.

Section 3-Vacancy. When a vacancy occurs for any reason the Committee Secretary shall notify SASA Board. The SASA Board shall appoint a suitable person from the same jurisdiction until the end of the unexpired term. The person appointed to complete the unexpired term shall not be considered to have served a term.

Section 4-Conflict of Interest. When a matter is discussed, considered or voted on by the Committee or a sub-committee that involves potential financial benefit, or other conflicting concern, to a Committee member, that member shall abstain from such discussion, consideration, and vote on that matter.

ARTICLE 9: ADOPTION AND AMENDMENT
Section 1-Adoption. These Bylaws shall become effective immediately upon approval by a majority of the membership of the Committee and approval by the Stanislaus Animal Service Agency Board.

Section 2-Amendment. These Bylaws may be amended by a majority vote of a quorum of the Committee provided that fifteen (15) days before the meeting, the full Committee is notified of the language of such change(s) and of the time, date and place of the intended vote on such change(s). The amendment will not be effective until approved by the Stanislaus Animal Services Agency Board. #3..
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5/10/2022 5:30:00 PM

MODESTO CITY COUNCIL
www.modestogov.com

MINUTES
City of Modesto

CITY COUNCIL MEETING
Chambers, Basement Level
Tenth Street Place, 1010 10th Street
Modesto, California
Tuesday, May 10, 2022 at 5:30 PM
Roll Call - Councilmembers Escutia-Braaton, Kenoyer, Madrigal, Ricci, Wright, Mayor Zwahlen Pledge of Allegiance to the Flag
Invocation: John Torres, City Ministry Network
City Clerk’s Announcements – Email correspondence was received for forwarded to the Council.

Declaration of Conflicts of Interest – None
Reports from Closed Session – City Attorney Sanchez reported on Closed Session matters

ACKNOWLEDGEMENTS AND PRESENTATIONS

1. Proclamation Proclaiming May 15th as International Day of Families (Funding Source:

Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected] ACTION: Mayor Zwahlen read proclamation proclaiming May 15th as International Day of Families.

2. Proclamation Proclaiming May 15-21, 2022 as National Public Works Week (Funding Source: Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected] #4..
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5/10/2022 5:30:00 PM
ACTION: Mayor Zwahlen read proclamation proclaiming May 15-21, 2022 as National Public Works Week. Bill Sandhu, Public Works Director accepted the Proclamation.

MISCELLANEOUS

3. Consider appointing Amanda J. Heitlinger to the Modesto Downtown Improvement District Board of Directors for a four year term to expire January 1, 2026. (Funding Source: Not Applicable)
Staff Recommendation:
 Resolution appointing Amanda J. Heitlinger to the Modesto Downtown Improvement District Board of Directors for a four year term to expire January 1, 2026.

PRN; Laurie Smith, 209-577-5347, [email protected]
ACTION: (Wright/Escutia-Braaton; 6/0) Resolution 2022-213 appointing Amanda J. Heitlinger to the Modesto Downtown Improvement District Board of Directors for a four year term to expire January 1, 2026.

4. Consider approving Allan Ramsay for the vacant position of Small Aircraft Owner/General Aviation for the Modesto City-County Airport Advisory Committee for a two-year term. (Funding Source: Not Applicable)
Staff Recommendation:
 Resolution approving the appointment of Allan Ramsay for the vacant position of Small Aircraft Owner/General Aviation to the Modesto City-County Airport Advisory Committee for a two-year term.

PUBLIC WORKS; Steve Fischio, 209-342-2222, [email protected] ACTION: (Kenoyer/Escutia-Braaton; 6/0) Resolution 2022-214 approving the appointment of Allan Ramsay for the vacant position of Small Aircraft Owner/General Aviation to the Modesto City-County Airport Advisory Committee for a two-year term.

PUBLIC COMMENT PERIOD
 Maggie Countryman spoke regarding an appeal to the second story review decision made by the BZA. She commented on the discussions she had with city staff regarding the matter and stated that it was ordered to be removed.  Jessie Vasquez stated he recently appeared before the Council and asked that Council have a discussion about short term rentals. He is a short term investor and it has affected his business. He wants to make sure they can all come up with an agreement to have short term rentals regulated.
 Louisa Bryant spoke about a mold issue in her home that she had reported to the City.

She stated that a mold inspection was done and she believes the report is inaccurate.

She paid for an independent inspector that provided an accurate report that thorough #4..
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5/10/2022 5:30:00 PM
and informative. She provided copies of the independent report and a chorological report of all of interactions with the City about the issue. The mold has affected her health a d she needs someone at the City to accept the results of her independent mold test; so, she can get the medical care she needs
 Vanessa Parks spoke in support of a discussion about the short term rental ordinance and possible updates to it. She'd also like to get this item on the agenda.  Liz Rivera also spoke in support of short term rentals. She has family in Modesto and when she visited Modesto she liked to staying at short term rentals. She bought a home in Modesto and would like to use the home in Modesto as a short term rental and is willing to pay TOT taxes.
 Emerson Drake thanked the Council for letting the speaker with the mold issue speak longer. He spoke about the Brown Act and the City Manager. He further commented on the $4.5 million ARPA request by the City of Modesto. He was told that it was for overtime for Police and Fire. He asked for backup and justification of the overtime. He also commented on a recent records request and the City Manager.  Sebastian Jones stated that he wanted to say that the comment made earlier was a political hit about someone running for office.

CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS 5-12: (Kenoyer/Wright; 6/0)

CONSENT ITEMS
Consent

5. Consider approving the minutes from the May 3, 2022 Council Meeting. (Funding Source: Not Applicable)
 Motion approving the minutes from the May 3, 2022 Council Meeting.

CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Kenoyer/Wright; 6/0) Motion approving the minutes from the May 3, 2022 Council Meeting.

Consent

6. Consider final adoption of Ordinance 3745-C.S. approving the Modesto Police Department Military Equipment Use Policy 710. (Funding Source: Not Applicable)  Motion approving final adoption of Ordinance 3745-C.S. approving the Modesto Police Department Military Equipment Use Policy 710.

CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Kenoyer/Wright; 6/0) Motion approving final adoption of Ordinance 3745-C.S. approving the Modesto Police Department Military Equipment Use Policy 710.
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5/10/2022 5:30:00 PM
Consent

7. Consider approving a Will Serve Letter and Outside Service Agreement for sewer service for the property located at 908 Seybold Avenue (APN: 030-014-027). (Funding Source: Sewer Fund, General Fund)
 Resolution approving a Will Serve Letter and Outside Service Agreement between the City of Modesto and Omar O Octavio Fragoso and Jocelyn Avila, husband and wife as joint tenants, to connect to the City of Modesto’s existing sewer system for the property located at 908 Seybold Avenue. (APN: 030-014- 027), and authorizing the City Manager, or his designee, to sign the Will Serve Letter and execute the Outside Service Agreement.

CED; Jaylen French, 209-341-2938, [email protected] ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-215 approving a Will Serve Letter and Outside Service Agreement between the City of Modesto and Omar O Octavio Fragoso and Jocelyn Avila, husband and wife as joint tenants, to connect to the City of Modesto’s existing sewer system for the property located at 908 Seybold Avenue. (APN: 030-014-027), and authorizing the City Manager, or his designee, to sign the Will Serve Letter and execute the Outside Service Agreement.

Consent

8. Consider approving the plans and specifications for the Pelandale Neighborhood Pavement Maintenance and Virginia Corridor Trail Maintenance Project, accepting the bid, and awarding a contract to American Pavement Systems, Inc. of Modesto, California, in the amount of $1,888,619; and amending the Fiscal Year 2021-2022 Capital Improvement Program (CIP) budget in the amount of $200,000 for Project #101247 and $400,000 for Project #101249. (Funding Source: Local Measure L Funds)  Resolution approving the plans and specifications for the Pelandale Neighborhood Pavement Maintenance and Virginia Corridor Trail Maintenance Project, accepting the bid, and awarding a contract to American Pavement Systems, Inc. of Modesto, California, in the amount of $1,888,619 and authorizing the City Manager, or his designee to execute the Agreement.  Resolution amending the Fiscal Year 2021-2022 Capital Improvement Program (CIP) budget, Project #101247 in the amount of $200,000 and a reduction in the amount of $400,000 for Project #101249, and amending the transfer from the Measure L – Local Road Tax Fund to fund the project and authorizing the City Manager, or his designee, to take the necessary steps to implement the provisions of this resolution.

CED; Phillip Soares, 209-577-5258, [email protected] ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-216 approving the plans and specifications for the Pelandale Neighborhood Pavement Maintenance and Virginia Corridor Trail Maintenance Project, accepting the bid, and awarding a contract to American Pavement Systems, Inc. of Modesto, California, in the amount of $1,888,619 and authorizing the City Manager, or his designee to execute the Agreement.
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ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-217 amending the Fiscal Year 2021-2022 Capital Improvement Program (CIP) budget, Project #101247 in the amount of $200,000 and a reduction in the amount of $400,000 for Project #101249, and amending the transfer from the Measure L – Local Road Tax Fund to fund the project and authorizing the City Manager, or his designee, to take the necessary steps to implement the provisions of this resolution.

Consent

9. Consider approving the proposed airspace and roadway easements within Tuolumne River Regional Park Gateway parcel (APN: 102-016-003) necessary to construct the 7th Street Bridge Replacement Project. (Funding Source: Not Applicable)  Resolution approving the proposed airspace and roadway easements within Tuolumne River Regional Park Gateway parcel (APN: 102-016-003) necessary to construct the 7th Street Bridge Replacement Project.

CED; John Rawles, 209-577-5253, [email protected]
ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-218 approving the proposed airspace and roadway easements within Tuolumne River Regional Park Gateway parcel (APN: 102-016-003) necessary to construct the 7th Street Bridge Replacement Project.

Consent

10. Consider approving a Cooperative Agreement between the City of Modesto and Stanislaus County for the Airport Neighborhood Active Transportation Connectivity and Safety Project, and approving enhanced infrastructure and associated costs for project development within City jurisdiction. (Funding Source: State funds, County Local Measure L funds)
 Resolution approving a Cooperative Agreement between the City of Modesto and Stanislaus County for the Airport Neighborhood Active Transportation Connectivity and Safety Project, and authorizing the City Manager, or his designee, to execute the Agreement, and approving enhanced infrastructure and associated costs for project development within City jurisdiction.

CED; Jaylen French, 209-341-2938, [email protected] ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-219 approving a Cooperative Agreement between the City of Modesto and Stanislaus County for the Airport Neighborhood Active Transportation Connectivity and Safety Project, and authorizing the City Manager, or his designee, to execute the Agreement, and approving enhanced infrastructure and associated costs for project development within City jurisdiction.

Consent

11. Consider approving an Agreement with West Yost Associates, Sacramento, CA, for Engineering Services for the Jennings Well Treatment Improvements Project in the amount of $219,300 for the identified scope of services, plus $21,930 in additional services, if needed, for a total amount not to exceed $241,230, and amending the FY #4..
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2021/22 Capital Improvement Program Budget in the amount of $245,000. (Funding Source: Wastewater Fund)
 Resolution approving an Agreement with West Yost Associates, Sacramento, CA, for Engineering Services for the Jennings Well Treatment Improvements Project in the amount of $219,300 for the identified scope of services, plus $21,930 in additional services, if needed, for a total amount not to exceed $241,230 and authorizing the City Manager, or his designee, to execute the Agreement.
 Resolution amending the Fiscal Year 2021/22 Capital Improvement Program Budget in the amount of $245,000 to be transferred into the Project from Wastewater Fund Reserves in order to fully fund the Jennings Well Treatment Improvements Project
UTILITIES; Cristian Ciotau, 209-577-5260, [email protected] ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-220 approving an Agreement with West Yost Associates, Sacramento, CA, for Engineering Services for the Jennings Well Treatment Improvements Project in the amount of $219,300 for the identified scope of services, plus $21,930 in additional services, if needed, for a total amount not to exceed $241,230 and authorizing the City Manager, or his designee, to execute the Agreement.

ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-221 amending the Fiscal Year 2021/22 Capital Improvement Program Budget in the amount of $245,000 to be transferred into the Project from Wastewater Fund Reserves in order to fully fund the Jennings Well Treatment Improvements Project
Consent

12. Consider approving an Agreement with Brown and Caldwell, Inc., Rancho Cordova, CA, for Construction Support Services for Grayson Well 69 (Replacing Well 274) in the amount of $160,348 for the identified scope of services, plus $16,035 in additional services, if needed, for a total amount not to exceed $176,383. (Funding Source: Water Fund)
 Resolution approving an Agreement with Brown and Caldwell, Inc., Rancho Cordova, CA, for Construction Support Services for Grayson Well 69 (Replacing Well 274) in the amount of $160,348 for the identified scope of services, plus $16,035 in additional services, if needed, for a total not to exceed amount of $176,383 and authorizing the City Manager, or his designee, to execute the Agreement.

UTILITIES; Jesse Franco, 209-571-5175, [email protected] ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-222 approving an Agreement with Brown and Caldwell, Inc., Rancho Cordova, CA, for Construction Support Services for Grayson Well 69 (Replacing Well 274) in the amount of $160,348 for the identified scope of services, plus $16,035 in additional services, if needed, for a total not to exceed amount of $176,383 and authorizing the City Manager, or his designee, to execute the Agreement.
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CITY MANAGER COMMENTS & REPORTS
City Manager Lopez commented on the short term rental comments made earlier this evening.

He stated that staff is reviewing the current ordinance and are looking at possible changes to the ordinance. The review continues and he expect to see something in the near future.

COUNCIL COMMENTS & REPORTS
Councilmember Kenoyer commented on her health and thanked the public for their concern.

Discussed the Cinco de Mayo parade with the Mayor and Councilmember Madrigal and delighted at the attendance.

Vice Mayor Wright commented on the Orville Wright School’s Walk, Skip, Jump, Scooter to School Day event and the attendance. Discussed a School Committee meeting that was held and concerns over the Airport District that he hopes can be looked at.

Councilmember Ricci commented on the Short Term Rental program and interest of possible policy changes. Discussed the City’s crime percentages lowering thanks to improvements made by the City and MPD as well as his concern about the homeless. Discussed the safe parking coming to fruition and hopes to not only bring safe camping to the floor but continue to make Modesto safe.

Councilmember Escutia-Braaton commented for collaboration with the County for building up Modesto as well as possible State representatives. Commented on meeting with the Mayor and Councilmember Ricci along with Senator Eggman and staff to discuss issues in Modesto.

Applauded Senator Eggman on her efforts and her ability to secure $5 million dollars in the State budget for City of Modesto.

Councilmember Madrigal concurred with Councilmember Ricci’s comments on the homeless and safe parking and hopes to bring to Council for discussion. Attended the events of May the 4 th be With You, National Day of Prayer with the Mayor, and an open house for a new downtown business. Discussed the Cinco de Mayo parade and excited attendance. Thanked all the volunteers, colleagues, and sponsorships towards the event. Discussed his attendance at the Victory Outreach Church BBQ at Caesar Chavez Park and the rewarding experience. Lastly, today is Mother's Day in Mexico and wished all the moms out there a Happy Mother’s Day.

Mayor Zwahlen reported in addition to the events and legislative meetings reported, she spoke at the Business Women’s Symposium with a large crowd of amazing women entrepreneurs.

Discussed attendance at the Modesto Symphony as they are in the process of choosing a new Director/Conductor. Encouraged the public to attend as it was a great experience.

UNFINISHED BUSINESS

13. Resolution declaring the City Council’s decision to fill the recent City Council vacancy by election during the November 2022 General Municipal Election when the voters of #4..
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District 4 elect a candidate to a new four-year term starting in 2022 and ending in 2026, pursuant to City of Modesto Charter Section 702. (Funding Source: General Fund)  Resolution declaring the Council’s decision to fill the recent City Council vacancy by election during the November 2022 General Municipal Election when the voters of District 4 elect a candidate to a new four-year term starting in 2022 and ending in 2026, pursuant to City of Modesto Charter Section 702 .

CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected] ACTION: (Wright/Kenoyer; 4/2; Madrigal and Ricci Noes) Resolution 2022-223 declaring the Council’s decision to fill the recent City Council vacancy by election during the November 2022 General Municipal Election when the voters of District 4 elect a candidate to a new four-year term starting in 2022 and ending in 2026, pursuant to City of Modesto Charter Section 702 .

Recessed at 6:54 pm.

Reconvened at 6:59 p.m.

14. Consider accepting the City of Modesto’s Project Homekey 2.0 Grant Award of $1,724,157 for the project located at 112 James Street, approving a loan in an amount up to $200,000 in Permanent Local Housing Allocation (PLHA) Funds for Stanislaus Equity Partners to assist with the acquisition, $50,000 for staff activity, and authorizing the City Manager or his designee to execute the agreements, and amending the Fiscal Year 2021-2022 multi-year fund budget to establish a project for the Homekey 2.0 Program to be funded with HCD Homekey 2.0 Grant funds and PLHA Grant funds. (Funding Source: Homekey 2.0 Funds and Permanent Local Housing Allocation Funds)
 Resolution accepting the City of Modesto’s Project Homekey 2.0 Grant Award of $1,724,157 for the project located at 112 James Street, authorizing the City Manager, or his designee, to execute the related agreements.  Resolution rescinding Resolution 2022-077 and approves a loan to Stanislaus Equity Partners in an amount up to $200,000 in Permanent Local Housing Allocation (PLHA) Funds to assist with the rehabilitation of 112 James Street, $50,000 for staff activity delivery costs, and authorizing the City Manager or his designee to execute the agreements
 Resolution rescinding Resolution 2022-078 and 2022-079 and amending the fiscal year 2021-2022 multi-year fund budget to establish a new project for the Homekey 2.0 program to be funded with Homekey 2.0 Grant funds and PLHA Grant funds and authorizing the City Manager or his designee, to take the necessary steps to implement the provisions of this resolution CED; Jessica Hill, 209-577-5321, [email protected]
ACTION: (Madrigal/Escutia-Braaton; 6/0) Resolution 2022-224 accepting the City of Modesto’s Project Homekey 2.0 Grant Award of $1,724,157 for the project located at 112 James Street, authorizing the City Manager, or his designee, to execute the related agreements.
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ACTION: (Madrigal/Escutia-Braaton; 6/0) Resolution 2022-225 rescinding Resolution 2022-077 and approves a loan to Stanislaus Equity Partners in an amount up to $200,000 in Permanent Local Housing Allocation (PLHA) Funds to assist with the rehabilitation of 112 James Street, $50,000 for staff activity delivery costs, and authorizing the City Manager or his designee to execute the agreements ACTION: (Madrigal/Escutia-Braaton; 6/0) Resolution 2022-226 rescinding Resolution 2022-078 and 2022-079 and amending the fiscal year 2021-2022 multi-year fund budget to establish a new project for the Homekey 2.0 program to be funded with Homekey 2.0 Grant funds and PLHA Grant funds and authorizing the City Manager or his designee, to take the necessary steps to implement the provisions of this resolution

NEW BUSINESS

15. Consider approving the creation of a pilot program to allow the use of a shared mobility service of stand-up electric scooters in the City of Modesto and issuing a shared mobility (SM) permit to Bird Rides, Inc, with such terms and conditions defined by the operating agreement, and as determined necessary by the City Manager. (Funding Source: Not Applicable)
 Resolution approving the creation of a pilot program to allow the use of a shared mobility service of stand-up electric scooters in the City of Modesto and issuing a shared mobility (SM) permit to Bird Rides, Inc, with such terms and conditions defined by the operating agreement, and as determined necessary by the City Manager, and authorizing the City Manager or designee to execute the Agreement.

CED; Jaylen French, 209-341-2938, [email protected] ACTION: (Madrigal/Ricci; 2/4; Escutia-Braaton, Kenoyer, Wright and Zwahlen Noes) Resolution approving the creation of a pilot program to allow the use of a shared mobility service of stand-up electric scooters in the City of Modesto and issuing a shared mobility (SM) permit to Bird Rides, Inc, with such terms and conditions defined by the operating agreement, and as determined necessary by the City Manager, and authorizing the City Manager or designee to execute the Agreement; and amending the resolution revising the term of the pilot program to three (3) months. MOTION FAILED ACTION: (Madrigal/Ricci; 2/4; Escutia-Braaton, Kenoyer, Wright and Zwahlen Noes) Resolution approving the creation of a pilot program to allow the use of a shared mobility service of stand-up electric scooters in the City of Modesto and issuing a shared mobility (SM) permit to Bird Rides, Inc, with such terms and conditions defined by the operating agreement, and as determined necessary by the City Manager, and authorizing the City Manager or designee to execute the Agreement; and amending the resolution revising the term of the pilot program to one (1) month. MOTION FAILED ACTION: (Kenoyer/Wright; 4/2; Madrigal and Ricci Noes) Motion to not move forward with the pilot program at this time.
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16. Consider accepting funds from the California Water and Wastewater Arrearage Payment Program (CWWAPP) for wastewater arrearage in an amount not to exceed $1,332,915, and approving participation in the California Department of Community Services and Development Low Income Household Water Assistance Program (LIHWAP); and amending the Fiscal Year 2021-22 Operating Program Budget in the amount of $1,332,915 in the Sewer Fund (4210) to recognize grant revenue from the State Water Resource Board – California Water and Wastewater Arrearage Payment Program offsetting delinquent account balances for Sewer Utility Accounts. (Funding Source: Sewer Funds)
 Resolution accepting funds from the California Water and Wastewater Arrearage Payment Program (CWWAPP) for wastewater arrearage in an amount not to exceed $1,332,915 and approving participation in the California Department of Community Services and Development Low Income Household Water Assistance Program (LIHWAP).
 Resolution amending the Fiscal Year 2021-22 Operating Program Budget in the amount of $1,332,915 in the Sewer Fund (4210) to recognize grant revenue from the State Water Resource Board – California Water and Wastewater Arrearage Payment Program offsetting delinquent account balances for Sewer Utility Accounts.

FINANCE DEPARTMENT; Jennifer Martin, 209-571-5892, [email protected] ACTION: (Wright/Kenoyer; 6/0) Resolution 2022-227 accepting funds from the California Water and Wastewater Arrearage Payment Program (CWWAPP) for wastewater arrearage in an amount not to exceed $1,332,915 and approving participation in the California Department of Community Services and Development Low Income Household Water Assistance Program (LIHWAP).

ACTION: (Wright/Kenoyer; 6/0) Resolution 2022-228 amending the Fiscal Year 2021-22 Operating Program Budget in the amount of $1,332,915 in the Sewer Fund (4210) to recognize grant revenue from the State Water Resource Board – California Water and Wastewater Arrearage Payment Program offsetting delinquent account balances for Sewer Utility Accounts.

17. Consider and review the Draft Budget as submitted by the City Manager with the Mayor’s Final Budget Modifications and combining the documents into the Proposed Budget for Fiscal Year 2022-23, and noticing a public hearing to be held on June 7, 2022 for Council’s consideration and adoption of the Fiscal Year 2022-23 Proposed Budget and related actions. (Funding Source: All City Funds)  Resolution combining the City Manager’s Draft Budget and the Mayor’s Final Budget Modifications into the Proposed Budget for Fiscal Year 2022-23, and noticing a public hearing to be held on June 7, 2022 for Council’s consideration and adoption of the Fiscal Year 2022-23 Proposed Budget and related actions.

FINANCE; Stephan Christensen, 209-577-5390, [email protected] #4..
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ACTION: (Wright/Escutia-Braaton; 6/0) Resolution 2022-229 combining the City Manager’s Draft Budget and the Mayor’s Final Budget Modifications into the Proposed Budget for Fiscal Year 2022-23, and noticing a public hearing to be held on June 7, 2022 for Council’s consideration and adoption of the Fiscal Year 2022-23 Proposed Budget and related actions.

MATTERS TOO LATE FOR THE AGENDA
None.

ADJOURNMENT
This meeting adjourned at 8:32 p.m.

CLOSED SESSION
All Closed Session Matters Heard Prior to Meeting
CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCEA Negotiator: Christina Alger
Employee Organization: Modesto City Employees Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCMA Negotiator: Christina Alger
Employee Organization: Modesto Confidential & Management Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MPOA Negotiator: Christina Alger
Employee Organization: Modesto Police Officers’ Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MPNSA Negotiator: Christina Alger
Employee Organization: Modesto Police Non-Sworn Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) –MPMA Negotiator: Christina Alger
Employee Organization: Modesto Police Management Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCFFA Negotiator: Christina Alger
Employee Organization: Modesto City Firefighters Association #4..
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CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – Unrepresented Negotiator: Christina Alger
Employee Organization: Unrepresented Management and Confidential Employees Attest:____________________________
Diane Nayares-Perez, City Clerk
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

May 24, 2022
Date: May 19, 2022
TO: Mayor & City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jose M. Sanchez, City Attorney
CONTACT: Jose M. Sanchez, City Attorney, 209-577-5284, [email protected] DESCRIPTION:

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

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

BACKGROUND:

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

All meetings of the City Council and the City’s other legislative bodies are open and public, as required by the Ralph M. Brown Act, Government Code section 54950 et seq., so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business. On March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means in order to slow the spread of COVID-19. As a result of Executive Order N-29-20, staff set up virtual meetings for all City Council meetings and other City legislative bodies. On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which, effective September 30, 2021, ended the provisions of Executive Order N-29-20 that allowed local legislative bodies to conduct meetings telephonically or by other means.
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City Council, May 24, 2022
Assembly Bill 361-Continued Remote Teleconference Meetings

DISCUSSION:

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

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

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

The City has reconsidered the state of emergency, as declared by the Governor, which continues in existence. In addition, health officials continue to recommend measures to slow the spread of COVID-19. The Stanislaus County Public Health Services Agency still strongly recommends community members to maintain social distancing in any public place by staying six (6) feet apart.

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

FISCAL IMPACT:

There is no cost associated with this item.

COMMITTEE RECOMMENDATION:

This agenda item was not presented to a Council Committee.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution continuing to authorize remote teleconference meetings of the City of Modesto pursuant to Assembly Bill 361.
1 Assembly Bill No. 361 - An act to add and repeal Section 89305.6 of the Education Code, and to amend, repeal, and add Section 54953 of, and to add and repeal Section 11133 of, the Government Code, relating to open meetings, and declaring the urgency thereof, to take effect immediately. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB361 #5..
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City Council, May 24, 2022
Assembly Bill 361-Continued Remote Teleconference Meetings

Approved by:

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

1. Resolution

2. Assembly Bill 361
5109882.1
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-XX

RESOLUTION CONTINUING TO AUTHORIZE REMOTE

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

Brown Act (Cal. Gov. Code 54950 – 54963), so that any member of the public may attend, participate, and watch the City conduct their business; and WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for a broader spread of the novel coronavirus disease 2019 (“COVID-19”); and WHEREAS, on March 19, 2020, the City Council adopted Resolution Number 2020-140, ratifying the proclamation of a local emergency by the Director of Emergency Services due to COVID-19; and
WHEREAS, on March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means; and
WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08- 21, which, effective September 30, 2021, repealed the provisions of Executive Order N29-20 that allowed local legislative bodies to conduct meetings telephonically or by other means; and
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WHEREAS, on September 16, 2021, Governor Newsom signed Assembly Bill 361 (2021) (“AB 361”), which allows for remote teleconferencing participation in meetings by members of a legislative body without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and WHEREAS, a required condition of AB 361 is that a state of emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and
WHEREAS, AB 361 further requires that state or local officials have imposed or recommended measures to promote social distancing, or, that the legislative body meeting in person would present imminent risks to the health and safety of attendees; and WHEREAS, on September 28, 2021, the City Council adopted Resolution No. 2021-370 authorizing remote teleconference meetings pursuant to AB361 (Government Code section 54953(e)); and
WHEREAS, the City is required to make certain findings every thirty (30) days to continue teleconferencing under Government Code section 54953(e)(3), including reconsideration of the state of emergency declared by the Governor pursuant to Government Code section 8625, and whether State or local officials continue to impose or recommend measures to promote social distancing; and #5..
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WHEREAS, the City Council has considered the circumstances of the Governor’s state of emergency proclamation pursuant to Government Code section 8625, which remains active; and
WHEREAS, on March 8, 2022, the County of Stanislaus Board of Supervisors terminated the Declaration of a Local Health Emergency that was issued on March 11, 2020; and
WHEREAS, the Stanislaus County Public Health Services Agency still strongly recommends community members to maintain social distancing measures while in “any indoor public space” by staying six (6) feet apart; and WHEREAS, the City Council, acting for itself and for the benefit of all of the City’s commissions, committees, and other bodies (collectively referred to as the “Legislative Bodies”), does hereby find that the Legislative Bodies shall continue to conduct their meetings without compliance with Government Code section 54953(b)(3), as authorized by Government Code section 54953(e), and that the Legislative Bodies shall continue to comply with the requirements to provide the public with access to the meetings as prescribed in Government Code section 54953(e)(2) as a consequence of the ongoing state of emergency and the continued social distancing measures required by local officials.

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

Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
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Section 2. Consideration of State of Emergency. The City Council has considered the conditions of the state of emergency declared pursuant to Government Code section 8625, and determined that such emergency conditions continue to be present in the City.

Section 3. Continued Social Distancing Measures by State and Local Officials.

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

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

The foregoing Resolution was introduced in a regular meeting of the Council of the City of Modesto held on the 24th day of May 2022, by Council Member ________, who moved its adoption, which motion being duly seconded by Council Member ______, was upon roll call carried and the resolution adopted by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

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

BY: _________________________________
JOSE M. SANCHEZ, City Attorney
5109880.1
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Assembly Bill No. 361
CHAPTER 165
An act to add and repeal Section 89305.6 of the Education Code, and to amend, repeal, and add Section 54953 of, and to add and repeal Section 11133 of, the Government Code, relating to open meetings, and declaring the urgency thereof, to take effect immediately.
[Approved by Governor September 16, 2021. Filed with
Secretary of State September 16, 2021.]
legislative counsel’s digest
AB 361, Robert Rivas. Open meetings: state and local agencies:
teleconferences.
(1)  Existing law, the Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. The act contains specified provisions regarding the timelines for posting an agenda and providing for the ability of the public to directly address the legislative body on any item of interest to the public.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The facts constituting the necessity are:

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

O
92 — 19 — Ch. 165
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

May 24, 2022
Date: May 11, 2022
TO: Mayor and City Council
FROM: Joseph P. Lopez, City Manager
SUBJECT: First Amendment to the Agreement with TBWBH Props & Measures as a Consultant for Professional Polling/Public Opinion Research Services – Task 2 CONTACT: Steve Christensen, Budget Manager, [email protected] 209-577-5390
DESCRIPTION:

Consider approving the First Amendment with TBWBH Props & Measures, San Francisco, CA for City of Modesto Professional Polling/Public Opinion Research Services, increasing the scope of services to include Task 2 to increase the Agreement by $114,634 including a 5% contingency, from $49,263 for a new estimated total amount not to exceed $163,897. (Funding Source: General Fund)
STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

At the City Council workshop held on January 12, 2022, the Council was provided information that showed the state of the City’s General Fund as well as its various revenue and expenditure benchmarks compared to seven other cities comparable in size. The benchmark information was prepared by Management Partners and showed how much Modesto lags behind other similar cities in terms of General Fund revenues and expenditures per capita, sales tax revenue per capita, public safety full-time equivalent (FTE) position counts and expenditures per capita, as well as parks and recreation expenditures.

After the presentation, Councilmembers directed staff to explore the possibility of obtaining contract services to conduct a public opinion/polling survey to gauge the citizens response to a possible sales tax measure.

On January 20, 2022, the Purchasing Division issued an Informal Request for Proposals INFRFP 22-07 under 3 category codes (96100 Miscellaneous Services, No. 1 (Not Otherwise Classified), 96160 Public Opinion Surveys and 96200 Miscellaneous Services, No. 2 (Not Otherwise Classified). Prospective bidders were notified online and via email of the bid #6..
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City Council, May 24, 2022
First Amendment to the Agreement with TBWBH Props & Measures as a Consultant for Professional Polling/Public Opinion Research Services – Task 2

opportunity. One hundred forty-eight vendors were notified of the bid opportunity, 23 downloaded the INF-RFP document.

By the closing of the INF-RFP on January 31, 2022, seven companies chose to respond, none were local vendors. An evaluation committee comprised of Finance Department, City Manager’s Office, and Information Technology Department staff evaluated the seven proposals, obtained reference checks and determined the response from TBWBH Props & Measures to be responsive and responsible to the RFP.

DISCUSSION:

On February 22, 2022, the City Manager authorized and executed an Agreement with TBWBH Props and Measures to complete Task 1 of the INF-RFP in the amount of $49,263, which resulted in consultant services to do the following:
 Conduct a statistically valid public opinion/polling survey related to a sales tax revenue measure for the City of Modesto.
 Provide guidance/recommendations on potential ballot measure language based upon outcomes of public opinion/polling survey results
 Provide a presentation on said outcomes/results of the public opinion/polling survey to the City Council
Throughout the requirements set forth in Task 1 of the INF-RFP, the consultant was required to review and prepare a survey instrument tailored to local voter and resident demographics. This required a multi-method dissemination strategy (phone, internet, etc.) which was used for this engagement.

Task 1 was completed and culminated with a presentation to the Finance Committee during the Budget Workshops on April 21, 2022. The polling results were presented to the members of the Finance Committee and the additional Councilmembers that were in attendance as well as members of public present and watching via Zoom. The Finance Committee made their intention known, and requested an item for the City Manager to prepare a Measure for a one percent sales tax for Council consideration with a 3-0 vote.

To develop factual information and education materials for citizens, City staff is recommending that a First Amendment to the Agreement with TBWBH Props & Measures as part of INF-RFP 22-07 be made in order to allow for Task 2 to be completed. Task 2 of the INF-RFP allows for the following tasks to be completed by the consultant:
 Develop objective information and education materials such as brochures, mailers, and web content in multiple languages.
 Provide advice as to the use of different distribution, media outreach, and technological/social media platforms.

Accurate and objective Information about a potential sales tax measure will be a critical component of citizen enlightenment as this process continues. Completion of Task 2 within INFRFP 22-07 is an important step in completing this process. If the Council’s decision is to place a one percent general sales tax measure on the ballot for the November election this year, then this early step will be needed to ensure that citizens are knowledgeable about a potential ballot #6..
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City Council, May 24, 2022
First Amendment to the Agreement with TBWBH Props & Measures as a Consultant for Professional Polling/Public Opinion Research Services – Task 2

measure so they can make a well-informed decision in November about the impact of the potential sales tax.

FISCAL IMPACT:

The following summarizes the funds expended to complete Task 1 as noted above, and captures the costs associated with completing Task 2.

TASK TASK DESCRIPTION COST
1 (Completed)
Conduct a statistically valid public opinion/polling
survey related to a sales tax revenue measure for the
City of Modesto, provide guidance/recommendations
on potential ballot measure language based upon
outcomes of public opinion/polling survey, provide
presentation on outcomes/results of the public
opinion/polling survey to the City Council
$49,263
Task 1 Total Cost $49,263
2 (pending)
Develop objective information and education
materials (brochures, mailers, web content); provide
advice as to use of different distribution, media
outreach and social media platforms; provide
additional recommended steps in the public outreach
process
$109,175
Task 2 Total Cost Est. $109,175
10% Contingency (Task 2) $5,459
Project Total Est. $163,897
The initial amount of $49,263 has been funded from existing Fiscal Year 2021-22 expenditure budget within the City Manager’s Office in the General Fund. It is recommended that the additional funding needed to complete Task 2 in the amount of $114,634 would be funded through existing budget within the City’s General Fund. No additional appropriations are being requested for this cost at this time.

In accordance with Modesto Municipal Code 8-3.204(a) Exceptions to Formal Bidding Requirements, this agreement is for professional services and, therefore, exempt from the bid requirement. However, staff proceeded with the RFP process pursuant to Administrative Directive 3.1. Staff recommends approval of the amendment with TBWBH Props & Measures for Consultant Services for the Professional Polling/Public Opinion Research Services.

COMMITTEE RECOMMENDATION:

Due to the urgency and timelines of the work that needs to be completed related to the public outreach required by Task 2 of the INF-RFP scope of services, this item was not presented to Finance Committee and was approved by the City Manager to go directly to Council.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the First Amendment with TBWBH Props & Measures, San Francisco, CA for City of Modesto Professional Polling/Public Opinion Research Services, increasing the #6..
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City Council, May 24, 2022
First Amendment to the Agreement with TBWBH Props & Measures as a Consultant for Professional Polling/Public Opinion Research Services – Task 2

scope of services to include Task 2 to increase the Agreement by $114,634 including a 5% contingency, from $49,263 for a new estimated total not to exceed an amount of $163,897 and authorizing the City Manager, or his designee, to execute the Amendment.

Approved by:

Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. First Amendment to Agreement (TBWBH Props & Measures)

3. Exhibit A – RFP INF 22-07

4. Original Agreement – Signed (TBWBH Props & Measures)

5. RFP INF 22-07 Scoring Abstract
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1 MODESTO CITY COUNCIL
RESOLUTION NO. 2022-?

RESOLUTION APPROVING THE FIRST AMENDMENT WITH TBWBH

PROPS & MEASURES, SAN FRANCISCO, CA FOR CITY OF MODESTO

PROFESSIONAL POLLING/PUBLIC OPINION RESEARCH SERVICES,
INCREASING THE SCOPE OF SERVICES TO INCLUDE TASK 2 TO
INCREASE THE AGREEMENT BY $114,634 INCLUDING A 5%
CONTINGENCY, FROM $49,263 FOR A NEW ESTIMATED TOTAL NOT TO EXCEED AN AMOUNT OF $163,897 AND AUTHORIZING THE CITY

MANAGER, OR HIS DESIGNEE, TO EXECUTE THE AMENDMENT
WHEREAS, the City Council held a workshop on January 12, 2022 and directed staff to explore the possibility of obtaining contract services to conduct a public opinion/polling survey to gauge citizens response to a possible sales tax measure, and WHEREAS, on January 20, 2022, the Purchasing Division issued an Informal Agreement (RFP 22-07) under 3 category codes (96100 Miscellaneous Services, No. 1 (Not Otherwise Classified), 96160 Public Opinion Surveys and 96200 Miscellaneous Services, No. 2 (Not Otherwise Classified), and
WHEREAS, by the closing of the Request for Proposal (RFP) on January 31, 2022, one hundred forty-eight vendors were notified of the bid opportunity, 23 downloaded the INF-RFP document and seven companies chose to respond, and WHEREAS, an evaluation committee comprised of Finance Department, City Manager’s Office and Information Technology Department staff evaluated the seven proposals, obtained reference checks, and determined the response from TBWBH Props & Measures to be responsive and responsible to the INF-RFP, and WHEREAS, on February 22, 2022, the City Manager authorized and executed an Agreement with TBWBH Props and Measures to complete Task 1 of the INF-RFP in the amount of $49,263, and
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2 WHEREAS, Task 1 has been completed by TBWBH Props and Measures through completion of the public opinion/polling survey and the final presentation has been delivered to the Finance Committee, members of the Council, and citizens of Modesto, and
WHEREAS, on April 21, 2022, at the Budget Workshops, the Finance Committee requested that the City Manager prepare a measure for a one percent sales tax for Council consideration with a 3-0 vote, and
WHEREAS, in order develop appropriate objective information and education materials for citizens to be accurately informed about a potential one percent general sales tax measure, City staff is recommending that a First Amendment to the Agreement with TBWBH Props and Measures as part of INF-RFP 22-07 be completed in order for Task 2 to be carried out, and
WHEREAS, Task 2 will require the consultant to develop appropriate objective information and education materials for a potential general one percent sales tax measure in the form of brochures, mailers, and web content, and WHEREAS, Task 2 will also require the consultant to provide advice as to the use of different distribution, media outreach and technological/social media platforms, and WHEREAS, the cost of the increase of the amendment in the amount of $114,634 will be covered by existing expenditure budget within the City’s General Fund, and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the First Amendment with TBWBH Props & Measures, San Francisco, CA for City of Modesto Professional Polling/Public Opinion Research Services, increasing the scope of services to include Task 2 to increase the agreement by #6..
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3 $114,634 including a 5% contingency, from $49,263 for a new estimated total not to exceed an amount of $163,897.

BE IT FURTHER RESOLVED, that the City Manager, or his designee, is hereby authorized to negotiate and execute the final terms of the Amendment with TBWBH Props & Measures, 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 24th 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
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1 FIRST AMENDMENT TO AGREEMENT

FOR CONSULTANT SERVICES WITH TBWBH PROPS & MEASURES
This First Amendment (“Amendment”) is made to the Agreement entered into between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and TBWBH Props & Measures, a California corporation, hereinafter referred to as "CONSULTANT" entered into by the parties on the 22nd day of February, 2022, (the “Original Agreement”).

RECITALS
This First Amendment to the Original Agreement for Consultant Services related to the Professional Polling/Public Opinion Research Services is made with regard to the following recitals:

WHEREAS, City and CONSULTANT would like to modify the scope of services of the Original Agreement to include Task 2 as detailed in Exhibit A; and WHEREAS, City and CONSULTANT desire to amend the Original Agreement for additional services by increasing the previously approved amount from $49,263 to $163,897, including a 5% contingency.

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

1. Section 1, Paragraph 1, “Scope of Services”, of the Original Agreement is deleted and replaced in its entirety as follows:
“CONSULTANT shall undertake and complete the preparation of the scope of services as set forth in Task 2 of the RFP INF 22-07 (attached hereto and referred to as Exhibit A). The CONSULTANT shall perform the services as described in Task 2 (Exhibit A), in a manner with the standards of its profession and shall produce a fully and complete project that is acceptable to the City.”

2. Section 3, Paragraph 1, “Compensation”, of the Original Agreement is deleted and replaced in its #6..
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2 entirety as follows:
“CONSULTANT agrees to accept a sum not to exceed $163,897 as full renumeration for performing all services and furnishing all staffing and materials called for in Task 1 and 2 (Exhibit A) and for performance by CONSULTANT of all its duties and obligations under this Amendment.”

3. Except as modified and amended by this First Amendment to Original Amendment, all other provisions of the Original Agreement, shall remain unchanged and in full force and effect.

IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this First Amendment to the Agreement for Consultant Services by its City Manager and attestation by its City Clerk under authority of Resolution No. _____ on the _____ day of _____, 2022, and TBWBH Props & Measures, a California corporation, has caused this First Amendment to be duly executed as of the Effective Date.
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CITY OF MODESTO
City Manager’s Office
1010 10th Street, Suite 6100
P.O. Box 642
Modesto, CA 95353
209-577-5390
[email protected]
REQUEST FOR PROPOSAL NO. INF 22-07
FOR
Professional Polling/Public Opinion Research Services
DUE DATE: January 31, 2022

CITY OF MODESTO CONTACT
Stephan Christensen, Budget Manager
(209) 577-5390
[email protected]
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REQUEST FOR PROPOSAL NO. INF 22-07
2 NOTICE TO PROPOSERS
Each proposal shall be emailed to Stephan Christensen at [email protected] no later than January 31, 2022 at 5:00 P.M. Please put the following in the subject line of the email submittal.

Professional Polling/Public Opinion Research Services
Proposals will be received only at the email address shown above, and prior to the time indicated. Any response received at or after said time and/or date, or at a place other than the stated email address cannot be considered and will be returned to the respondent.

The City reserves the right to reject any or all submittals or to waive any informalities or minor irregularities in a proposal.

CALENDAR OF EVENTS
Event Date
Proposal Response Due BEFORE 5:00 P.M. on January 31, 2022 Proposal Award Date February 2022
Note: Award date is approximate.

It is the responsibility of each proposer to be familiar with all of the specifications, terms and conditions and the site condition (if applicable). The proposer agrees and acknowledges all proposal specifications, terms, and conditions and indicates the ability to perform by submission of a proposal. By the submission of a proposal, the proposer certifies that if awarded a contract they will make no claim against the City based upon ignorance of conditions or misunderstanding of the specifications.

OFFER AND ACCEPTANCE
Seller represents his/her acceptance to provide products and/or services as follows. City's offer to purchase products and/or services is expressly conditioned upon Seller's assent to the terms and conditions set forth in City purchase order documents, specifications, supporting data, and these articles.

Seller agrees that Seller's Order Acknowledgement terms and conditions received prior to, during, or after order placement by City are hereby rejected. City purchase orders signed by the City's Purchasing Manager or his designated agent and issued to Seller constitutes written #6..
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REQUEST FOR PROPOSAL NO. INF 22-07
3 notification to Seller of City's rejection of any and all of Seller Order Acknowledgements, counter offers and change to the City's terms and conditions.

The City of Modesto is seeking proposals from qualified professional service firms to provide polling/public outreach services to conduct a public opinion survey to evaluate the probability of voter approval related to a sales tax revenue ballot measure for the upcoming municipal election in November 2022. The City desires to ensure citizens/voters are accurately informed and understand the outcome of their vote associated with a potential sales tax measure.

Services may include communications in English and Spanish languages at a minimum.

SCOPE OF WORK
The Scope of Work will be carried out through the first initial task with the potential for a second task contingent upon the City Council’s desire to move forward with a sales tax measure on the November 2022 ballot. The first task will encompass the creation of and conducting a statistically valid polling survey, measuring survey results and assessing the data, developing recommendations for next steps with City staff, and preparing a final report related to a potential sales tax measure being placed on the ballot in November 2022. The second task will include marketing services related to the information, messaging and education materials concerning the potential sales tax ballot measure. The selected consultant’s proposed Work Plan and Schedule will form the basis for negotiations of a final Scope of Work for the Professional Services Agreement. The first and second contingent task are defined below:

Task 1 project tasks include, but are not limited to:

1. Develop an appropriate public opinion/polling survey related to a sales tax revenue measure for the City of Modesto.

2. Conduct a statistically valid public opinion/polling survey related to a sales tax revenue measure for the City of Modesto that may require the availability of the survey in multiple languages, such as Spanish.

3. Provide guidance and recommendations on proposed ballot measure language and content based upon the outcomes of the conducted public opinion/polling survey.

4. Consultant shall review and prepare a survey instrument tailored to local voter and resident demographics that may require multi-method dissemination strategy (phone, mail, internet, etc.). Consultant shall be responsible for becoming familiar with results of prior polling, results of prior ballot measures, and other relevant data.

5. Conduct work in compliance with all applicable laws, and clearly advise City staff on the legal and permissible use of City resources and funds.

6. Coordinate with City staff, the City Attorney, and additional consultants as necessary and directed by the City.
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REQUEST FOR PROPOSAL NO. INF 22-07
4 7. Coordinate frequently with the City Manager’s Office and project team to provide timely updates on public opinion/polling survey efforts.

8. Develop and prepare all documents, data analysis, public opinion/polling survey and presentations necessary to effectuate the results of the public opinion/polling survey, all of which shall be property of the City of Modesto.

Task 2 (contingent upon Council’s desire for sales tax measure) project tasks include, but are not limited to:

1. Develop appropriate information and education materials such as brochures, mailers, and web content that may be required to be available in multiple languages, such as Spanish; provide advice as to the strategic use of different distribution, media outreach and technological/social media platforms.

2. Provide advice on additional recommended steps in the public outreach process.

3. Conduct work in compliance with all applicable laws, and clearly advise City staff on the legal and permissible use of City resources and funds.

4. Coordinate with City staff, the City Attorney, and additional consultants as necessary and directed by the City.

5. Attend (virtually or in person) Community, Committee, and/or City Council meetings to present and receive direction on the proposed public outreach approach and the results thereof.

6. Coordinate frequently with the City Manager’s Office and project team to provide timely updates on outreach efforts, adjust the outreach approach, and ensure message continuity.

The selected consultant shall be expected to provide periodic status updates to the Project Manager and Project Team and will be expected to provide periodic draft materials for review and approval by appropriate staff. Further, the Consultant shall be expected to provide drafts of the survey instrument, survey methodology, dissemination strategy, and all other items in the scope of work for review and approval by the appropriate staff. The document shall include the summary of findings, survey methodology, and recommendations of the public opinion/polling survey as identified in the Scope of Work.

A draft report with an executive summary shall also be issued to the City Manager and other staff as determined by the City Manager. The document shall include the summary of findings and recommendations of the public opinion/polling survey as identified in the Scope of Work.

Any other documentation prepared by the consultant shall be provided to the City in electronic format.

A final report shall be issued following staff comments on the draft report. In addition, the City staff may require a presentation to the City Manager, City Council and/or other City representatives. The report should provide sufficient information concerning the public #6..
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REQUEST FOR PROPOSAL NO. INF 22-07
5 opinion/polling survey regarding the placement of a sales tax measure on the November 2022 ballot so that councilmembers can make informed decisions regarding this important topic.

Four (4) copies of the final report will be required along with an electronic copy.

BACKGROUND
The City of Modesto is located in the heart of California’s agricultural Central Valley and is the county seat and largest city of Stanislaus County. With a population of 218,464, as of the 2020 census, it is the 18th largest city in the state of California.

Incorporated in 1884, the City boasts amazing weather, a low cost of living and a rich sporting and cultural heritage. The City hosts annual events celebrating the movie American Graffiti, a film written and directed by Modesto native George Lucas, has its own poet laureate, the largest privately-owned winery in the world, and a lively cultural and performing arts scene anchored by the Gallo Center for the Arts. Modesto is an ideal business location for start-ups and expanding firms. Amidst its growth, Modesto has not forgotten what makes it special – its people. With a population of approximately 218,000 residents, the City is not small, but it maintains a small town feel while offering big city amenities.

Fresh eating and farm-to-table living is an everyday norm in one of the richest agricultural areas in our nation. Outdoor recreation options are plentiful, with seventy-six parks, three rivers, four walking trails, and multiple cycling paths. Modesto’s central location offers close proximity to the Pacific Ocean, Sierra mountains, and some of our nation’s largest cities, national parks and renowned landmarks.

The City utilizes a City Council/City Manager form of government. The City Council provides political leadership and policy direction and the City Manager works under the direction of the City Council and functions as the manager of the City employees and department heads. All City elections are governed by the California Elections Code.

The City attempted to pass two sales tax measure in the past. One on November 5, 2013 (Measure X) and one on November 3, 2015 (Measure G). Measure X was a 1% general tax that would have been in place for six years if it were approved. The measure failed by a small margin with No votes receiving 51.05% of the vote. Measure G was a 0.5% general tax that would have been in place for eight years if it were approved. The measure failed by a larger margin compared to the prior measure with No votes receiving 55.94% of the vote.

The City has identified an ongoing need for additional revenues to fund not only existing services but a higher level of services that the citizenry expects. Many General Fund maintenance projects have gone unfunded for multiple years and these capital assets are deteriorating at alarming rates. These service and infrastructure needs will continue to be #6..
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REQUEST FOR PROPOSAL NO. INF 22-07
6 unfunded if new revenue sources cannot be obtained. Exploring new revenue sources is a primary objective in order to not only maintain current service levels but also meet the demand of the City’s growing population and critical infrastructure needs.

SCHEDULE OF WORK
The timing of the work to create the public opinion/polling survey and eventually conduct the survey will commence immediately upon contract award and conclude on or before April 2022. The specific timeline for each task within the Scope of Work will be determined through discussion between the consultant and the City Manager and City staff but the goal of completing all required tasks in order for Council to make a policy decision for placing a sales tax ballot measure on the November 2022 ballot is required. High level milestones that would need to be completed by certain dates are as follows:
• Early-to-Mid February 2022 – Direction/development of public opinion/polling survey determined for sales tax measure in coordination with City Council, City Manager, and City staff.
• Mid-to-Late February 2022 – Public opinion/polling survey materials finalized and strategy for distribution methodology begin being finalized for the public. • Early-to-Mid March 2022 – Public opinion/polling survey and distribution methodology is finalized in coordination with City staff and City Manager in preparation for providing survey to citizens in early March.
• Mid-to-Late March 2022 – Public opinion/polling survey provided to citizens to determine viability of sales tax measure on November 2022 ballot. • Early April 2022 – Final report with findings and recommendations concerning the public opinion/polling survey and viability of the sales tax measure provided to City Council, City Manager, City Staff and/or other City representatives as defined in the Scope of Work.

Schedule of Work timeline is a guide and can be adjusted after consultation upon award of bid in coordination with City Manager and City staff.

CONTENT OF PROPOSALS

TRANSMITTAL LETTER
General introduction and brief statement stating the proposer’s understanding of the actuarial services to be performed; a positive commitment to perform the services within the time period specified; the name(s) of the person(s) authorized to represent the proposer, title, address and telephone number.

QUALIFICATIONS OF CONSULTANTS
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REQUEST FOR PROPOSAL NO. INF 22-07
7 To qualify, the consultant must have extensive experience in GASB Statements 74 and 75 actuarial studies and reports. The consultant should identify the principal staff and partners who would be assigned to the engagement. Indicate their experience and whether each such person is a licensed or certified actuary. The City of Modesto does not agree to any subcontracting of this project, unless agreed to prior in writing.

REPORT FORMAT
The proposer should include sample formats of the final report. Incomplete submittals or those that are not in compliance with these instructions or the solicitation may be rejected.

PROJECT COSTS
The cost proposal shall include a total price for the project including all detailed information regarding the estimated number of hours to be dedicated to the City’s project. #6..
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REQUEST FOR PROPOSAL NO. INF 22-07
8 BUSINESS/DELIVERY LICENSE:

Prior to beginning any work or delivering any equipment or material to be furnished under this specification and bid, the bidder shall secure the appropriate Business/Delivery license from the City of Modesto. Business/Delivery license information may be obtained by calling (209) 577-5389. Should the bidder already have this license, please indicate the license number and expiration date below.

City Business/Delivery License No. __________ Expiration Date: __________ #6..
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REQUEST FOR PROPOSAL NO. INF 22-07
9 INSURANCE:

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

A. 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.

B. General Liability – insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and $100,000 for property damage or $1,000,000 combined single 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; and/or professional liability.

C. Automobile Liability – insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and $100,000 for property damage or $1,000,000 combined single limit. This insurance shall cover any automobile for bodily injury and property damage.

D. Professional Liability - insurance with a minimum limit of $1,000,000 per claim and $2,000,000 policy aggregate. If coverage is on a claims-made basis it shall be maintained for at least three (3) years following completion of the work.

If at any time any of said policies shall be unsatisfactory to the CITY, as to form or substance or if a company issuing such policy shall be unsatisfactory to the CITY, the CONSULTANT 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 the CONSULTANT to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the CITY, may be forthwith declared suspended, or terminated. Failure of the CONSULTANT to obtain and/or maintain any required insurance shall not relieve the CONSULTANT from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the CONSULTANT concerning indemnification. The CITY, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' #6..
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REQUEST FOR PROPOSAL NO. INF 22-07
10 Compensation. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the CITY, its agents, officers, employees, and volunteers for losses arising from work performed by CONSULTANT for the CITY. The CONSULTANT’S insurance policy(ies) shall include a provision that the coverage is primary as respects the CITY; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager.

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

CONSULTANT shall either require any subcontractor to procure and to maintain during the term of the subcontract all insurance in the amounts specified above, or shall insure the activities of subcontractors in the policy specified above. The limits of liability required may vary, depending on the type of permit or contract.

HOLD HARMLESS AGREEMENT:

The CONSULTANT shall hold the CITY, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities and damages from every cause, including but not limited to injury to person or property or wrongful death, with the indemnity to include reasonable attorney's fees, and all costs and expenses, arising directly or indirectly out of any act or omission of CONSULTANT, whether or not the act or omission arises from the sole negligence or other liability of CONSULTANT, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under the Agreement.
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REQUEST FOR PROPOSAL NO. INF 22-07
11 SUPPORT OF LOCAL VENDORS

REQUEST FOR DECLARATION
of

LOCAL BUSINESS
Should the bidder that submits the lowest responsive bid or quote and would otherwise normally qualify to receive the bid pursuant to Sections 8-3.203 and 8-3.204 of the Modesto Municipal Code (MMC) not be a local business as defined herein, the lowest bid or quote submitted by a local business that is within five percent (5%) of the lowest bid or quote, whether or not that bidder is the second lowest bidder, may be deemed to be the lowest bidder if the local bidder agrees to reduce its bid to match the bid or quote of the lowest bidder in writing within five (5) business days after notification by City Purchasing staff, provided that said local bidder is deemed to be a responsible bidder as determined by the Purchasing Manager.

To qualify as a local bidder, the bidder must have a physical business location within the City of Modesto and a current City of Modesto business license.

I declare I am a local business per the above criteria

SUPPORT OF LOCAL VENDORS

DECLARATION OF ELIGIBILITY
Company Name:

Street Address:

Telephone Number:

Business License
Number:

Under penalty of perjury, The Undersigned declares that the foregoing information is true and correct:

Print/Type Name:

Title:

Signature:

Date:
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1 January 26, 2022
ADDENDUM NO. 1
REQUEST FOR PROPOSALS NO. INF 22-07
FOR

PROFESSIONAL POLLING/PUBLIC OPINION RESEARCH SERVICES
The following web site contains the complete bid package: http://www.modestogov.com/257/Contracting-BidOpportunities.

Bidders who do not have the complete bid package are encouraged to download the package from the City’s web site.

This Addendum addresses questions submitted via e-mail.

Q. I had one question about the "Content of Proposals" section that I was hoping you could answer for me.
"REPORT FORMAT
The proposer should include sample formats of the final report. Incomplete submittals or those that are not in compliance with these instructions or the solicitation may be rejected." Are you looking for examples of a final poll in this section or something else? A. For this portion the City is looking for an example that would include a final poll created by your firm as well as a report that explained the outcomes of the polling either via a presentation format or narrative report format.

Q. On page 7 of the RFP, a reference is made that, "...To qualify, the consultant must have extensive experience in GASB Statements 74 and 75 actuarial studies and reports..." Am I correct in assuming that this particular section does NOT apply to this specific RFP? A. This statement does not apply to this bid and is not required. #6..
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2 Postscript
Each proposal shall be emailed to Stephan Christensen at [email protected] no later than January 31, 2022 at 5:00 P.M. Please put the following in the subject line of the email submittal.

Professional Polling/Public Opinion Research Services RFP INF 22-07 The City reserves the right to reject any or all proposals or to waive any informalities or minor irregularities in a proposal.

No proposer may withdraw his/her proposal for a period of one hundred twenty (120) days after the date set for the opening thereof.
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1 STANDARD AGREEMENT

FOR CONSULTANT SERVICES
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this 22nd day of February, 2022, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and TBWBH Props & Measures, a California corporation, hereinafter referred to as "CONSULTANT".

This Agreement is made with regard to the following recitals:

A. The City, through direction of the City Council, has determined that a polling/public opinion survey should be prepared for the City to evaluate the probability of voter approval related to a sales tax ballot measure for the upcoming municipal election in November 2022. This Agreement is for Task 1 of the RFP and performance of any additional work as defined in and pursuant to Task 2 is contingent upon City Council’s willingness to move forward with the sales tax measure on the November 2022 ballot and is not part of this Agreement at this time.

B. The CONSULTANT represents it is qualified, willing and able to provide the services to prepare said document(s).

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

1. SCOPE OF SERVICES.

The CONSULTANT shall undertake and complete the preparation of the scope of work as set forth in Task 1 and described in the documents attached hereto and referred to as Exhibit "A" or "Project". The Consultant shall perform the services as described DocuSign Envelope ID: 3752A007-8C11-469A-8481-8D7290B038ED #6..
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2 in Exhibit "A" in a manner compatible with the standards of its profession, and shall produce a fully complete Project that is acceptable to City.

2. TERM OF AGREEMENT.

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

The CONSULTANT shall undertake and complete the preparation of the scope of work as set forth in Task 1 and described in the documents commonly referred to as “Project” attached hereto as Exhibit "A" and made a part hereof. City hereby gives the CONSULTANT notice to proceed with the preparation of the Project in the manner described in Exhibit "A", as of the Effective Date of this Agreement. The CONSULTANT shall diligently proceed with the preparation of the Project and agrees to complete said preparation within the time period set forth in Exhibit "A".

3. COMPENSATION.

The CONSULTANT agrees to accept a sum not to exceed $46,917 plus a 5% contingency, if needed for a total agreement amount not to exceed $49,263, as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit "A" and for performance by the CONSULTANT of all of its duties and obligations under this Agreement for Task 1 as defined in the Scope of Work.

4. OBLIGATIONS OF CONSULTANT.

Throughout the term of this Agreement, the CONSULTANT shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct DocuSign Envelope ID: 3752A007-8C11-469A-8481-8D7290B038ED #6..
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3 business. The CONSULTANT warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the City with the services contemplated by this Agreement. The CONSULTANT further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this Project.

5. PERFORMANCE BY KEY EMPLOYEE.

The CONSULTANT has represented to City that Jared Boigon (TBWBH Props & Measures) and/or Tim McLarney (True North Research) will be the person(s) primarily responsible for the performance of the services referred to in this Agreement, as the project lead. City has entered into this Agreement in reliance on that representation by the CONSULTANT. The CONSULTANT therefore agrees that sixty-five percent (65%) or more of the time to be devoted to the Project that is the subject of this Agreement will be that of the above-named persons.

6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

Ownership of Documents
All reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of the City, and may be used by City as it may require without any additional cost to City. No reports shall be used by the CONSULTANT for purposes other than this Agreement without the express prior written consent of City.

If, as a part of this Agreement, the CONSULTANT is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, DocuSign Envelope ID: 3752A007-8C11-469A-8481-8D7290B038ED #6..
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4 flow diagrams, visual aids and other related materials, the originals of all such data generated under this Agreement will be delivered to City upon the completion or termination of services under this Agreement.

All materials, documents, data or information obtained from the City data files or any City medium furnished to the CONSULTANT in the performance of this Agreement will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by the CONSULTANT after termination of this Agreement without written consent of the City. The exception to this, will be that TBWBH/P&M & subcontractors shall have the right to use materials developed for the City in future marketing upon completion of the Project.

7. NEWS AND INFORMATION RELEASE.

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

8. INTEREST OF CONTRACTOR.

The CONSULTANT warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. The CONSULTANT warrants that, in performance of this Agreement, the CONSULTANT shall not employ any person having any such interest. The CONSULTANT agrees to file a Statement of Economic Interests with the City Clerk at the start and end of this Agreement if so required at the option of City.

DocuSign Envelope ID: 3752A007-8C11-469A-8481-8D7290B038ED #6..
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5 9. AMENDMENTS.

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

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

10. INDEPENDENT CONTRACTOR.

All acts of the CONSULTANT, its agents, officers, and employees and all others acting on behalf of the CONSULTANT relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of City.

The CONSULTANT, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. The CONSULTANT has no authority or responsibility to exercise any rights or power vested in the City. No agent, officer, or employee of the City is to be considered an employee of the CONSULTANT. It is understood by both the CONSULTANT and City that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture.

The CONSULTANT, its agents, officers and employees are and, at all times during the terms of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of City.

The CONSULTANT shall determine the method, details and means of DocuSign Envelope ID: 3752A007-8C11-469A-8481-8D7290B038ED #6..
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6 performing the work and services to be provided by the CONSULTANT under this Agreement.

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

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

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

It is further understood and agreed that the CONSULTANT must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of the CONSULTANT’S personnel.

As an independent contractor, the CONSULTANT hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any DocuSign Envelope ID: 3752A007-8C11-469A-8481-8D7290B038ED #6..
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7 contention by any third party that an employer-employee relationship exists by reason of this Agreement.

11. ASSIGNMENT.

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

12. PATENT/COPYRIGHT MATERIALS.

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

13. NOTICES.

Any and all notices permitted or required to be given hereunder shall be deemed duly given and effective (1) upon actual delivery, if delivery is by hand; or (2) five (5) days after delivery into the United States mail if delivery is by postage paid registered or certified (return receipt requested) mail. Each such notice shall be sent to the parties at the address respectively indicated below or to any other address as the respective parties may designate from time to time.

FOR CONSULTANTS: Name: TBWBH Props & Measures
Address: 50 Osgood Place 4th Floor
San Francisco, CA 94133
Attention: Jared Boigon
Phone: (415) 816-3412
FOR CONSULTANTS: Name: True North Research
Address: 1592 N. Coast Highway 101
DocuSign Envelope ID: 3752A007-8C11-469A-8481-8D7290B038ED #6..
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8 Encinitas, CA 92024
Attention: Tim McLarney
Phone: (760) 632-9900
FOR CITY: Name: City of Modesto
Address: P.O. Box 642
Modesto, CA 95353
Attention: Stephan Christensen
Phone: (209) 577-5390

14. INSURANCE REQUIREMENTS.

The CONSULTANT shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the City by certified mail, return receipt requested, for all of the following stated insurance policies.
a. Worker's Compensation - in compliance with the
statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000.
b. General Liability insurance with a minimum limit
of liability per occurrence of $1,000,000 for bodily injury and property damage.

If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the DocuSign Envelope ID: 3752A007-8C11-469A-8481-8D7290B038ED #6..
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9 following coverages and indicate the policy aggregate limit applying to:
premises and operations; broad form contractual; independent consultants and subcontractors; products and completed operations as applicable. c. Automobile Liability insurance with a minimum
limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
d. Professional Liability insurance with a minimum limit of $1,000,000 per claim and policy aggregate. If coverage is on a claims-made basis it shall be maintained for at least three (3) years following completion of the Project.

If at any time any of said policies shall be unsatisfactory to the City, as to form or substance, or if a company issuing such policy shall be unsatisfactory to the City, the CONSULTANT shall promptly obtain a new policy, submit the same to the Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the CONSULTANT to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the City, may be forthwith declared suspended or terminated. Failure of the CONSULTANT to obtain and/or maintain any required insurance shall not relieve the CONSULTANT from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the CONSULTANT concerning indemnification. The City, its agents, officers, officials, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its DocuSign Envelope ID: 3752A007-8C11-469A-8481-8D7290B038ED #6..
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10 agents, officers, officials, employees, and volunteers for losses arising from work performed by the CONSULTANT for the City. The CONSULTANTS’ insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager. The CONSULTANT must deliver certificates evidencing existence of the insurance listed above to the City prior to the time this Agreement is signed.

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

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

15. TERMINATION OF AGREEMENT.

Termination on Occurrence of Stated Events
This Agreement shall terminate automatically on the date on which any of the following events occur: (1) bankruptcy or insolvency of the CONSULTANT, (2) legal dissolution of the CONSULTANT, or (3) death of key principal(s) of the CONSULTANT.

Termination by City for Default of Consultant
DocuSign Envelope ID: 3752A007-8C11-469A-8481-8D7290B038ED #6..
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11 Should the CONSULTANT default in the performance of this Agreement or materially breach any of its provisions, at its option City may terminate this Agreement by giving written notification to the CONSULTANT. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include but not be limited to any of the following: failure to perform required services or duties, willful destruction of City's property by the CONSULTANT, dishonesty or theft.

Termination by the Consultant for Default of City
Should City default in the performance of this Agreement or materially breach any of its provisions, at its option the CONSULTANT may terminate this Agreement by giving written notice to City. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include but not be limited to any of the following: failure to cooperate reasonably with the CONSULTANT, willful destruction of the CONSULTANT’S property by City, dishonesty or theft.

Termination by City for Convenience
The City may also terminate the CONSULTANT’S performance under the Agreement, either in whole or in part, at its own discretion, or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Project for any reason. The City shall provide no less than ten (10) calendar days written notice of its intent to terminate the Agreement for DocuSign Envelope ID: 3752A007-8C11-469A-8481-8D7290B038ED #6..
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12 convenience, and shall endeavor to provide the CONSULTANT with consultation with the City prior to termination.

Termination by City for Lack of Budgeted Funds
The City may terminate this Agreement effective July 1 of any given year upon the City's determination to not appropriate sufficient funds for this Agreement for the ensuing fiscal year. In such event City shall give the CONSULTANT not less than 30 days written notice.

Termination for Failure to Make Agreed-Upon Payments
Should City fail to pay the CONSULTANT all or any part of the payments set forth in this Agreement on the date due, at its option the CONSULTANT may terminate this Agreement if the failure is not remedied within thirty (30) days after the CONSULTANT notifies City in writing of such failure to pay. The termination date shall be the effective date of the notice.

Termination by City for Change of the Consultant’s Tax Status If City determines that the CONSULTANT does not meet the requirements of federal and state tax laws for independent contractor status, City may terminate this Agreement by giving written notice to the CONSULTANT. The termination date shall be the effective date of the notice.

Voluntary Termination
The parties may terminate this contract upon mutual written Agreement.

In the Event of Termination
If this Agreement is terminated pursuant to this Paragraph, the CONSULTANT shall cease all its work on the project as of the termination date and shall see DocuSign Envelope ID: 3752A007-8C11-469A-8481-8D7290B038ED #6..
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13 to it that its employees, subcontractors and agents are notified of such termination and cease their work. If City so requests, and at City's cost, the CONSULTANT shall provide sufficient oral or written status reports to make City reasonably aware of the status of the CONSULTANT’S work on the project. Further, if City so requests, and at City's cost, the CONSULTANT shall deliver to City any work products whether in draft or final form which have been produced to date.

If the Agreement is terminated pursuant to any of the subsections contained in this paragraph, City will pay the CONSULTANT an amount based on the percentage of work completed on the termination date, this percentage shall be determined by City in its sole discretion. If the Agreement is terminated pursuant to the subparagraph entitled Termination by City for Default of Consultant, the CONSULTANT understands and agrees that City may, in City's sole discretion, refuse to pay the CONSULTANT for that portion of the CONSULTANT’S services which were performed by the CONSULTANT on the project prior to the termination date and which remain unacceptable and/or not useful to City as of the termination date.

CERTIFIED PAYROLL REQUIREMENT.

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

16. INDEMNITY.

The CONSULTANT shall hold the City, its agents, 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 DocuSign Envelope ID: 3752A007-8C11-469A-8481-8D7290B038ED #6..
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14 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 CONSULTANT, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement.

The CONSULTANT’S obligation to defend, indemnify, and hold the City, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for the CONSULTANT to procure and maintain a policy of insurance.

17. DISPUTE RESOLUTION.

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

This paragraph is not intended to and does not waive the claim filing requirements found in California Government Code section 900 et seq. In the event that a DocuSign Envelope ID: 3752A007-8C11-469A-8481-8D7290B038ED #6..
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15 timely and legally sufficient, arbitrable claim is filed by CONSULTANT with City, and the claim is rejected in whole or in part by City, this paragraph shall result in the conclusive, final, and binding resolution of all the issues presented in the claim by the CONSULTANT so long as any issues presented by the claim are arbitrable. Claims rejected by City or by operation of law, shall be submitted by the CONSULTANT to arbitration pursuant to the Arbitration Rules of the American Arbitration Association within ninety (90) days after mailing of the written rejection by City to the CONSULTANT. Otherwise, the claim or claims shall be deemed waived in their entirety.

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

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

The arbitrator may grant any remedy or relief deemed by the arbitrator just and equitable under the circumstances, whether or not such relief could be awarded in a court of law. The arbitrator shall be empowered to award monetary sanctions against a party for failure of cooperation in the arbitration. The arbitrator shall, in written award, allocate all DocuSign Envelope ID: 3752A007-8C11-469A-8481-8D7290B038ED #6..
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16 the costs of the arbitration, including the fees of the arbitrator and the reasonable attorney fees of the prevailing party, against the party who did not prevail. The prevailing party shall be the party in whose favor the majority of the central issues in the case are resolved.

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

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

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

18. ENTIRE AGREEMENT.

This Agreement and its exhibits contain the entire understanding between the CONSULTANT and City. Additional or new terms contained in this Agreement which vary from the CONSULTANT’S proposal are controlling and are deemed accepted by the CONSULTANT by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been DocuSign Envelope ID: 3752A007-8C11-469A-8481-8D7290B038ED #6..
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17 incorporated into this Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.

19. PARTIAL INVALIDITY.

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

20. WAIVER.

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

21. AUDIT.

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

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

22. GOVERNING LAW.

DocuSign Envelope ID: 3752A007-8C11-469A-8481-8D7290B038ED #6..
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18 This Agreement shall be governed according to the laws of the State of California.

23. HEADINGS NOT CONTROLLING.

Headings used in the Agreement are for reference purposes only and shall not be considered in construing this Agreement.

24. COMPLIANCE WITH LAWS.

The CONSULTANT shall insure compliance with all safety and hourly requirements for employees, in accordance with federal, state, and county safety and health regulations and laws. The CONSULTANT shall fully comply with all applicable federal, state, and local laws, ordinances, regulations and permits.

25. CITY BUSINESS LICENSE.

The CONSULTANT shall have and maintain a City of Modesto business license for the duration of the Term of this Agreement. 5067715.4
DocuSign Envelope ID: 3752A007-8C11-469A-8481-8D7290B038ED #6..
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CITY OF MODESTO,
a municipal corporation
BY: ____________________________
JOSEPH P. LOPEZ, City Manager
ATTEST:
(Seal)
BY: ____________________________
DANA SANCHEZ, Interim City Clerk
________________________________
BY: ____________________________
By _____________________________
Name Title
BY: ____________________________
By _____________________________
Name Title
APPROVED AS TO FORM:

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

BY: ____________________________
CHRISTINA D. ALGER
Director of Human Resources (Risk)
Federal ID # ___________
DocuSign Envelope ID: 3752A007-8C11-469A-8481-8D7290B038ED TBWBH Props & Measures
Jared Boigon CEO/Partner
82-1006849
3/24/2022
#6..
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POLLING SERVICES/PUBLIC OPINION RESEARCH RFP
INF 22-07
Committee Scoring
Evaluation Criteria (As Detailed on Committee
Scoring Sheet) Possible Points TBWBH/True North Probolsky Research J Wallin Research MuniServices EMC Research GreatBlue Research WBC Technical Experience 45 40.00 37.50 34.25 37.00 37.25 28.00 29.25 Proposed Strategy to Complete Scope 30 24.25 26.75 22.75 23.75 22.75 21.25 20.50 Cost 15 5.00 4.00 10.00 6.00 5.00 15.00 6.00
Total 90 69.25 68.25 67.00 66.75 65.00 64.25 55.75
Ranking (# according to score - highest to lowest) 1 2 3 4 5 6 7 #6..
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

May 24, 2022
Date: May 11, 2022
TO: Mayor and City Council
FROM: Joseph P. Lopez, City Manager
SUBJECT: Equipment Use and Broadcasting Agreement with Central Valley Media Center MyTV26
CONTACT: Steve Christensen, Budget Manager, [email protected] 209-577-5390
DESCRIPTION:

Consider approving an Equipment Use and Broadcasting Agreement with Central Valley Media Center MyTV26 for the purchase and lease of a TelVue HyperCaster AIO B2000-4+ Digital Broadcast Server from TelVue Corporation, for an amount of $33,236 plus $3,324 in contingency for a total amount not to exceed $36,560, amending the Fiscal Year 2021-22 Annual Operating Budget to increase the expenditure budget in the Public Educational and Governmental Fund cost center in the amount of $36,560 to fund the purchase of the server and authorizing the City Manager to negotiate and execute the final terms of the Agreement with Central Valley Media MyTV26. (Funding Source: Public, Education, and Government (PEG) Funds)
STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

MyTV26 is Modesto’s public access station and serves the communities of Modesto and the surrounding Stanislaus County area. The stations content can be viewed on Comcast channel 26 throughout Stanislaus County and also streams simultaneously at www.Mytv26.TV. The station has a target audience that includes all residents of Modesto and the communities of Stanislaus County. It provides various types of content to the community including, talk shows, Sunday programs for local faith-based organizations, an advertising platform for local businesses through sponsorships, cooking shows, and more. The City of Modesto also benefits from its relationship with MyTV26, as the station has televised city events including the Annual Fourth of July Celebration parade hosted by the Modesto Kiwanis Club.

MyTV26 provides a valuable telecommunications medium to the community in the form of a public access station. It provides an opportunity for residents to create content and to have #7..
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City Council, May 24, 2022
Equipment Use and Broadcasting Agreement with Central Valley Media Center MyTV26

access to content created by others in the community. MyTV26 is looking to partner in more meaningful ways with the various levels of local government in the community in order to enrich its broadcasting abilities and extend its reach to those that hope to take advantage of the station’s opportunities. The City of Modesto would be the first to formally partner with MyTV26 in an effort to both meet their goal to increase their reach across the local community to provide another means of delivery of messages and important information to our residents.

DISCUSSION:

The City has been working with MyTV26 to develop the first steps in their goal of strengthening collaboration with the local government agencies like the City and the County. As part of these initial steps, the City would like to bring forward to the City Council a recommendation to address one of the initial capital needs for the station.

MyTV26 currently houses its streaming equipment in the Stanislaus County Office of Education building. The broadcast server that is currently in use to stream all of station’s content is capable, but in need of an update to meet today’s streaming and content demands of its creators. Staff recommends entering into an Equipment Use and Broadcasting Agreement with MyTV26 that would define the terms for a purchase and use agreement in which the City would purchase a new broadcast server and then it would be used by MyTV26 at no cost to the station. The new broadcast server would allow MyTV26 to be seen on multiple platforms and give the station’s producers a larger audience for the content they create. This, in turn, will allow the community to receive important information for any content that our local government agencies might want to broadcast on the channel as well. The new broadcast server will also provide for automatic “Closed Captions” for the hearing impaired and translation subtitles for said content.

MyTV26 currently uses proprietary software from TelVue Corporation to run its streaming and broadcasting services. This software is only compatible with hardware from the same company which has resulted in the need to purchase a broadcast server from TelVue Corporation. The broadcast server that is recommended to be purchased is a TelVue HyperCaster AIO B2000-4+ Digital Broadcast Server which will include a five-year service plan.

TelVue Corporation specializes in broadcast technology and assists video broadcasters in automating channels, and expanding audiences across multiple screens. A bid waiver justification has been completed as Attachment A in this agenda report as this purchase will be conducted as a sole source purchase under the City’s purchasing policies.

The City’s Administrative Directive (AD) 7.5 – Purchasing Policy provides that small purchases valued from $3,501 to $50,000 must obtain three quotes unless an exception is granted by the Purchasing Manager that falls under the policy exception. This purchase falls under the exception of sole source or sole brand. Because TelVue is the original manufacturer, sole distributor, and single-source of maintenance and support of the TelVue HyperCaster AIO B2000-4+ Digital Broadcast Server, this purchase qualifies for an exemption as defined under AD 7.5.

As an additional part of this agreement, MyTV26 will provide the City with 3 hours per month for one year of broadcast time on the station. In addition, the station will also broadcast the completed City Council meetings after they have finished their live broadcast and prior to the next City Council meeting. This will be a step towards growing the partnership between MyTV26 #7..
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City Council, May 24, 2022
Equipment Use and Broadcasting Agreement with Central Valley Media Center MyTV26

and the City as it will not only allow the City to have another platform to broadcast information to our citizens about City business and events, but it will also allow MyTV26 to expand its reach through promotion via City media platforms.

FISCAL IMPACT:

The City will make the use of Public, Education, Government (PEG) Funds to pay for the broadcast server that will be purchased in the amount of $33,236. A 10% contingency amount of $3,324 has been added to this amount for any potential increases to the purchase price for a total cost not to exceed $36,650.

Public, Education, Government Funds are funds that are generated from revenue received from the City’s current cable franchise owner Comcast of California. The revenue received is a fee to support PEG channel facilities in the amount of 1 percent of the gross revenues as defined in Public Utilities Code section 5860, of the State franchise holder.

PEG Fees collected on an annual basis can be used for capital costs associated with public, education, or government access facilities and equipment. For example, these funds have been used by the City, in coordination with the County, to upgrade the Tenth Street Place Chambers broadcast/video equipment which is used for the City Council and County Board of Supervisors for their respective meetings.

The City currently has sufficient fund balance in the PEG fund balance to cover this expenditure.

The fund balance currently has $1.4M available in reserves. A budget adjustment to the Public, Educational, and Governmental cost center expenditure budget will be required to appropriate the funds necessary in the amount of $36,650 for the purchase of the broadcast server.

COMMITTEE RECOMMENDATION:

This item was presented to the Finance Committee on April 13, 2022 and was recommended to be forwarded to Council for approval with a 3-0 vote.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving an Equipment Use and Broadcasting Agreement with Central Valley Media Center MyTV26 for the purchase and lease of a TelVue HyperCaster AIO B2000-4+ Digital Broadcast Server from TelVue Corporation, for an amount of $33,236 plus $3,324 in contingency for a total amount not to exceed $36,560, and authorizing the City Manager to negotiate and execute the final terms of the agreement with Central Valley Media MyTV26.

Resolution amending the Fiscal Year 2021-22 Annual Operating Budget to increase the expenditure budget in the Public Educational and Governmental Fund cost center in the amount of $36,560 to fund the purchase of the server and authorizing the City Manager or his designee, to take the necessary steps to implement the provisions of this resolution.

Approved by:

Joseph P. Lopez, City Manager
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City Council, May 24, 2022
Equipment Use and Broadcasting Agreement with Central Valley Media Center MyTV26

Attachments:

1. Resolutions (2)

2. Bid Waiver Form TelVue HyperCaster Broadcast Server

3. Equipment Use and Broadcasting Agreement
#7..
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1 MODESTO CITY COUNCIL
RESOLUTION NO. 2022-?

RESOLUTION APPROVING AN EQUIPMENT USE AND BROADCASTING

AGREEMENT WITH CENTRAL VALLEY MEDIA CENTER FOR THE
PURCHASE AND LEASE OF A TELVUE HYPERCASTER AIO B2000-4+

DIGITAL MEDIA BROADCAST SERVER FROM TELVUE CORPORATION, FOR AN AMOUNT OF $33,236 PLUS $3,325 IN CONTINGENCY (IF NEEDED) FOR A TOTAL AMOUNT NOT TO EXCEED $36,560, AND AUTHORIZING

THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE FINAL TERMS OF THE AGREEMENT WITH CENTRAL VALLEY MEDIA MYTV26
WHEREAS, MyTV26 is Modesto’s public access station and serves the communities of Modesto and the surrounding Stanislaus County area, and WHEREAS, MyTV26 provides a valuable telecommunications medium to the community in the form of a public access station and provides an opportunity for residents to create content and to have access to content crated by others in the community, and
WHEREAS, MyTV26 is looking to partner in more meaningful ways with the various levels of local government in the community in order to enrich its broadcasting abilities, and
WHEREAS, the City of Modesto would be the first to formally partner with MyTV26 in an effort to both meet their goal to increase their reach across the local community to provide another means of delivery of messages and important information to its residents, and
WHEREAS, MyTV26 would like to enter into an agreement with the City of Modesto for the purchase of a broadcast server that would help it to expand its ability to be seen on multiple platforms and give the stations producers a larger audience for the content they create and provide for much needed automatic “Closed Caption” and subtitle services, and
#7..
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2 WHEREAS, MyTV26 currently uses proprietary software from TelVue Corporation to run its streaming and broadcasting services and the software is only compatible with TelVue branded broadcast server hardware, and WHEREAS, based upon this information, the server that is recommended for purchase is a TelVue Hypercaster AIO B2000-4+ Digital Broadcast Server with a fiveyear service plan, and WHEREAS, the City’s Administrative Directive 7.5 – Purchasing Policy provides that small purchases obtain three quotes unless an exception is granted by the Purchasing Manager that falls under the policy exception, and
WHEREAS, this purchase falls under the exception of sole source or sole brand due to TelVue Corporation being the original manufacturer and single-source of maintenance and support of the TelVue HyperCaster AIO B2000-4+ Digital Broadcaster Server which qualifies this purchase for the exception as defined, and WHEREAS, an additional part of this agreement provides that MyTV26 will provide the City with 3 hours per month for one year of broadcast time on the station in addition to broadcasting completed City Council meetings after they have completed their live broadcast, and
WHEREAS, the City will make use of Public, Education, Government (PEG) Funds to pay for the broadcast server.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an equipment use and broadcasting agreement with Central Valley Media Center MyTV26 for the purchase and lease of a TelVue HyperCaster AIO B2000- #7..
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3 4+ Digital Broadcast Server from TelVue Corporation, for an amount of $33,236 plus $3,324 in contingency for a total amount not to exceed $36,560.

BE IT FURTHER RESOLVED, that the City Manager, or his designee, is hereby authorized to negotiate and execute the final terms of the agreement with Central Valley Media MyTV26, 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 24th 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
#7..
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1 MODESTO CITY COUNCIL
RESOLUTION NO. 2022-?
RESOLUTION AMENDING THE FISCAL YEAR 2021-22 ANNUAL

OPERATING BUDGET TO INCREASE THE EXPENDITURE BUDGET IN THE

PUBLIC, EDUCATION, AND GOVERNMENTAL FUND COST CENTER IN THE AMOUNT OF $36,560 TO FUND THE PURCHASE OF THE SERVER AND

AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO TAKE THE

NECESSARY STEPS TO IMPLEMENT THE PROVISIONS OF THIS

RESOLUTION
WHEREAS, MyTV26 is Modesto’s public access station and serves the communities of Modesto and the surrounding Stanislaus County area, and WHEREAS, MyTV26 provides a valuable telecommunications medium to the community in the form of a public access station and provides an opportunity for residents to create content and to have access to content crated by others in the community, and
WHEREAS, MyTV26 is looking to partner in more meaningful ways with the various levels of local government in the community in order to enrich its broadcasting abilities, and
WHEREAS, MyTV26 would like to enter into an agreement with the City of Modesto for the purchase of a broadcast server that would help it to expand its ability to be seen on multiple platforms and give the stations producers a larger audience for the content they create and provide for much needed automatic “Closed Caption” and subtitle services, and
WHEREAS, the City will make use of Public, Education, Government (PEG) Funds to pay for the broadcast server, and
WHEREAS, budget amendments are necessary to implement this action. #7..
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2 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves amending the Fiscal Year 2021-22 Annual Operating Budget in the amount of $36,560 to the expenditure budget in the Public, Education and Government Fund Cost Center to fund the purchase of the server.

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

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 24th 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
#7..
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#7..
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#7..
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Quote#: Q-016967
Quote Issued: 5/16/2022
Quote Expiration: 6/15/2022
_____________________________________________________________________________________________________________________________________________ www.telvue.com | 16000 Horizon Way, Suite 100, Mt. Laurel, NJ 08054 | Phone: 1-(800)-885-8886 | Email: [email protected] TelVue Quotation – Confidential TelVue Contact Information Prepared for:

Janeiro Freeda
Central Valley Media Center, Inc.
[email protected]
(209) 480-8951
Ship to address:

C/O City of Modesto 110 Santa Barbara Ave
Modesto, CA 95354
USA
Prepared by:

Denise Rolfe
TelVue Corporation
Email: [email protected]
Phone: (800) 885-8886
Fax: (856) 866-7411
Please use Fax No. to submit signed quote, or email
[email protected]
Special Terms
Trade in credit, plus applicable municipal discounting. Connect start up cost waived with system purchase. *Prior to signing the quote in indication of your acceptance as a purchase order, please confirm the billing contact information and shipping information above.
*If you have any questions please contact your TelVue contact (identified above).

Customer Acceptance
This quote is good for 30 days from date of issue or until any expiration date stated in the special terms field.

By signing below, customer accepts quote as purchase order on the above terms:

Printed Name: _______________________________                           Title: ___________________________________ Signature: __________________________________                             Date: __________________________________ Thank you for your business. The following page contains a quote for TelVue products and services. #7..
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Quote#: Q-016967
Quote Issued: 5/16/2022
Quote Expiration: 6/15/2022
_____________________________________________________________________________________________________________________________________________ www.telvue.com | 16000 Horizon Way, Suite 100, Mt. Laurel, NJ 08054 | Phone: 1-(800)-885-8886 | Email: [email protected] Hardware
Qty. Item Name Description TC
Elig.

List Price Discount Sales Price Unit Net
Price
Ext. Net
Price

1.00 HyperCaster AIO
B2000-4+
All-in-One Digital Broadcast
Video Server. 4 HD-SDI ports, 2
playback or encode I/Os
standard, expandable to 5, MAX
2 Playback. SDI & IP Switching,
Graphics, Scheduling &
Automation. 2RU, Redundant
Power, 5.5TB RAID5.
$14,950.00 10.00% $14,950.00 $13,455.00 $13,455.00
Third Party

1.00 Black Magic -

MINI-SDI-TO-ANALOG
Black Magic SDI to Analog
Mini-Converter./TPCL
$295.00   $295.00 $295.00 $295.00

1.00 Black Magic -

MICRO-HDMI-TO-SDI
Black Magic HDMI to SDI
Micro-converter./TPCL
$85.00   $85.00 $85.00 $85.00

1.00 InfoVue Standard Standard InfoVue Digital
Signage player, 1RU rack
mount, 120GB SSD storage,
HDMI output up to 1080p.

InfoVue Service License
required for access to cloud
InfoVue CMS and Weather.

Multi-user, Multi-zone, SD/HD,
data feed integration.
$1,950.00 10.00% $1,950.00 $1,755.00 $1,755.00
$15,590.00
Software
Qty. Item Name Description TC
Elig.

List Price Discount Sales Price Unit Net
Price
Ext. Net
Price
AIO Series

1.00 Loudness Pro Professional, real-time Loudness
Control plugin for ProVue and AIO
channels. Pro Broadcast and
Streaming presets including CALM.

Industry leading audio processing
engine from Linear Acoustic.
$995.00 10.00% $995.00 $895.50 $895.50

1.00 SmartCaption
LIVE
SmartCaption™ LIVE channel license
for real-time live closed captioning for
HyperCaster AIO, ProVue,
B100-SDI/ANA models. Includes 100
hours captioning. Requires base
Connect CMS account and captioning
minutes.
$1,950.00 10.00% $1,950.00 $1,755.00 $1,755.00
#7..
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Quote#: Q-016967
Quote Issued: 5/16/2022
Quote Expiration: 6/15/2022
_____________________________________________________________________________________________________________________________________________ www.telvue.com | 16000 Horizon Way, Suite 100, Mt. Laurel, NJ 08054 | Phone: 1-(800)-885-8886 | Email: [email protected] Software
Qty. Item Name Description TC
Elig.

List Price Discount Sales Price Unit Net
Price
Ext. Net
Price
$2,650.50
Cloud Services
Qty. Item Name Description TC
Elig.

List Price Discount Sales Price Unit Net
Price
Ext. Net
Price
Connect

1.00 Connect -
CMS
Includes Uploads, 100GB storage, 10
users. Access to MediaExchange to
license and download content, APIs.

Billed Annually. ./TPCL
$1,200.00 10.00% $1,200.00 $1,080.00 $1,080.00

1.00 Connect -
SmartCaption
- 100 Hrs
SmartCaption 100 hours of automatic
captioning for Connect Broadcast/MX,
CloudCast Streaming/OTT, and
HyperCaster/ProVue Live & Offline
workflows. Export as WebVTT, edit
with optional SmartCaption
Editor./TPCL
$1,500.00   $1,500.00 $1,500.00 $1,500.00

1.00 Connect -
SmartCaption
Editor
SmartCaption™ Closed Captioning
Editor for TelVue Connect™. Fast
and easy editing of auto generated or
uploaded captions. Billed Annually.

Requires Basic Connect CMS./TPCL
$1,000.00   $1,000.00 $1,000.00 $1,000.00

1.00 Connect -
Start Up
Hosted Video Contribution Service -
One-time Account Set-up./TPCL
$1,000.00 100.00% $1,000.00 $0.00 $0.00

1.00 Connect -
Video
Caption -
Translation
Video Caption Translation. Translate
closed-captioned video to any of 100+
languages. 5,000,000 characters of
translation that provided roughly 100
hours of typical meeting video./TPCL
$300.00   $300.00 $300.00 $300.00

1.00 iOS Mobile
App
Apple iOS Mobile App - One Time
Fee To Build App And Submit To
Apple App Store. Compatible with
TelVue CloudCast. There are no
guarantees that Apple will accept the
app for the store./TPCL
$2,950.00 10.00% $2,950.00 $2,655.00 $2,655.00
$6,535.00
Other
Qty. Item Name Description TC
Elig.

List Price Sales Price Unit Net
Price
Ext. Net
Price

1.00 Trade-In
Credit
Credit For Trade-in Equipment./B100 $0.00 $-1,000.00 $-1,000.00 $-1,000.00 #7..
- 124 -
Quote#: Q-016967
Quote Issued: 5/16/2022
Quote Expiration: 6/15/2022
_____________________________________________________________________________________________________________________________________________ www.telvue.com | 16000 Horizon Way, Suite 100, Mt. Laurel, NJ 08054 | Phone: 1-(800)-885-8886 | Email: [email protected] Other
Qty. Item Name Description TC
Elig.

List Price Sales Price Unit Net
Price
Ext. Net
Price
$-1,000.00
Shipping & Handling
Qty. Item Name Description TC
Elig.

List Price Sales Price Unit Net
Price
Ext. Net
Price
AIO Series

1.00 HyperCaster
AIO B2000
Shipping
Shipping charge for HyperCaster-AIO
B2000./TPCL
$250.00 $250.00 $250.00 $250.00
Third Party

1.00 MISC-SHIP Shipping Charge - Black Magic
Converters
$0.00 $50.00 $50.00 $50.00
InfoVue

1.00 InfoVue Ship InfoVue Shipping./TPCL $50.00 $50.00 $50.00 $50.00 Sub-total $350.00
General Services
Qty. Item Name Description TC
Elig.

List Price Sales Price Unit Net
Price
Ext. Net
Price
Third Pty

1.00 InfoVue
Screenfeed
InfoVue Optional -Billed annually. Content
templates like news, weather, & video
installed in your InfoVue management
console by TelVue technicians.

Categories include news, weather, sports,
entertainment, financial data, flight
boards, traffic & more.
$0.00 $540.00 $540.00 $540.00
Cloud Svcs

1.00 InfoVue
Service
License
InfoVue Service License - Includes
extended hardware warranty, email and
phone support, software upgrades and
access to cloud-based InfoVue signage
application. Ongoing InfoVue Service
Licensing is required for access to the
InfoVue services.
$495.00 $495.00 $495.00 $495.00
Support
#7..
- 125 -
Quote#: Q-016967
Quote Issued: 5/16/2022
Quote Expiration: 6/15/2022
_____________________________________________________________________________________________________________________________________________ www.telvue.com | 16000 Horizon Way, Suite 100, Mt. Laurel, NJ 08054 | Phone: 1-(800)-885-8886 | Email: [email protected] General Services
Qty. Item Name Description TC
Elig.

List Price Sales Price Unit Net
Price
Ext. Net
Price

1.00 TELVUE
CARE
Through
Year 5
TelVue Care warranties for 5 years
TelVue hardware and provides on-going
access to on-line software upgrades and
basic application feature enhancements.

A $500 reactivation fee will apply to a
lapsed TelVue Care warranty./TPCL
$0.00 $8,075.48 $8,075.48 $8,075.48
Sub-total $9,110.48
Total Item Count $19.00
Grand Total $33,235.98
A finance / late fee of 1% per month will be added to an unpaid balance each month thereafter. Purchases of equipment outside of the United States require advance payment or letter of credit.

Net 30 Days. 2% cash/1% net 15. Credit cards are accepted. #7..
- 126 -
Quote#: Q-016967
Quote Issued: 5/16/2022
Quote Expiration: 6/15/2022
_____________________________________________________________________________________________________________________________________________ www.telvue.com | 16000 Horizon Way, Suite 100, Mt. Laurel, NJ 08054 | Phone: 1-(800)-885-8886 | Email: [email protected] Noted Service Options:

TelVue Care™ is quoted as 15% of the value at sale of TelVue Care™ eligible equipment for year 2 coverage, declining (straight line) to 7.5% in the 5th year coverage if prepaid.

Year 2 TelVue Care™: 2691.83
Year 3 TelVue Care™: 2243.19
Year 4 TelVue Care™:  1794.55
Year 5 TelVue Care™: 1345.91
#7..
- 127 -
Quote#: Q-016967
Quote Issued: 5/16/2022
Quote Expiration: 6/15/2022
_____________________________________________________________________________________________________________________________________________ www.telvue.com | 16000 Horizon Way, Suite 100, Mt. Laurel, NJ 08054 | Phone: 1-(800)-885-8886 | Email: [email protected] TelVue Terms & Conditions
The products ("Products") and services ("Services") provided by TelVue Corporation (TELVUE) to you ("Customer") are subject to the following terms and conditions ("Terms and Conditions"). By placing an order with TELVUE, Customer agrees to be bound by these terms and conditions. These Terms and Conditions shall apply to all quotations and offers made and accepted by TELVUE. The Terms and Conditions contained herein are subject to change at any time by TELVUE in its sole discretion and without notice to any potential purchaser of the TelVue's products and services. No purchase order submitted under these quoted Terms and Conditions shall be deemed to create a binding contract until such time as TelVue accepts such purchase order. TelVue reserve the right to decline any purchase order based on this quote at its sole discretion. Customer agrees that these Terms and Conditions may in some instances conflict with some of the terms and conditions affixed to the purchase order or procurement document issued by the Customer. In that case, the Terms and Conditions contained herein shall govern and acceptance of Customer's order is expressly conditioned upon Customer's acceptance of these Terms and Conditions whether the Customer accepts the Terms and Conditions by written acknowledgment, implication, or acceptance and payment of Products or Services purchased. TELVUE's failure to object to provisions contained in any communication from Customer to the contrary shall not be deemed a waiver of the provisions of these Terms and Conditions. TELVUE will use commercially reasonable efforts to ship Products to Customer's address listed on the TELVUE Quote Form, and to provide Services to Customer's authorized users in accordance with the scheduled date specified by TELVUE. Customer acknowledges and agrees that delivery schedules are subject to change. TELVUE will notify Customer of any anticipated delay of thirty (30) or more days in delivery of the Products or Services purchased.

Products are delivered F.O.B. TELVUE shipping point. Customer shall pay all shipping charges, including without limitation, transportation charges and insurance premiums, and shall be responsible for all taxes, duties and other government assessments. Customer shall pay TELVUE for any product or service fee (collectively, "FEES") set forth on TELVUE's Quote Form. Payment shall be made in U.S. dollars in the U.S. where Customer has established credit, and the terms of payment will be "NET 30" -- thirty (30) days from invoice date unless otherwise indicated on the invoice. Any FEES not paid by Customer when due shall bear interest until paid at a rate of one and one-half percent (1.5%) per month (eighteen percent (18%) per annum), or the maximum rate permitted by law, whichever is less. Customer shall be responsible for the costs, including without limitation, attorneys' fees and court costs, incurred by TELVUE in connection with TELVUE's collection of any past-due FEES. Customer shall bear and be solely responsible for the payment of all taxes levied or assessed in connection with the Products and Services, if any, including without limitation, all sales, use, rental receipt, personal property, import and monthly or other taxes (but excluding taxes based solely upon TELVUE's income). In addition to any other remedy available to it, TELVUE may suspend or terminate the Services, in whole or in part, upon Customer's failure to timely pay the FEES without incurring any liability to Customer or others associated with Customer. All FEES paid and charges made prior to any termination as provided herein are nonrefundable. Termination of the Services shall not release Customer from any obligation to pay accrued charges on FEES. TELVUE may increase its FEES for any TELVUE-provided content and third-party software to the extent that its licensors raise their fees to TELVUE upon not less than thirty (30) days prior written notice to the Customer. If the increases exceed ten percent (10%) of the then current FEES, Customer may choose to delete the TELVUE-provided content or third-party software, as applicable. TELVUE reserves the right to begin charging Services FEES if the Services are not launched by Customer within one hundred twenty (120) days of the order date through no fault of TELVUE. Customer shall comply with all export laws and restrictions and regulations of the Department of Commerce or other United States or foreign agency or authority, and shall not export, or allow the export or re-export of the Products or any Confidential Information or any direct product thereof in violation of any such restrictions, laws or regulations, or to Afghanistan, the People's Republic of China or any Group Q, S, W, Y, or Z country specified in the then current Supplement No. 1 to Section 770 of the U.S. Export Administration Regulations (or any successor supplement or regulations); Customer shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to the export from the U.S. of all material or items deliverable by TELVUE to any location and shall demonstrate to TELVUE compliance with all applicable laws and regulations prior to delivery thereof by TELVUE. TELVUE warrants to Customer that the Products or Services offered by TELVUE pursuant to these Terms and Conditions shall conform to the specifications for such Products or Services mutually agreed to by the parties in writing at the time of shipment. The warranty period for hardware-based Products shall be twelve (12) months from the date of shipment. Customer's sole remedy for breach of the foregoing warranties shall be limited to Product replacement, or if replacement is inadequate, or in TELVUE's sole discretion impractical, to refund the purchase price. TELVUE PROVIDES THE PRODUCTS AND SERVICES "AS IS" AND MAKES NO WARRANTY THAT THE PRODUCTS OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES TELVUE MAKE ANY WARRANTY AS TO THE

RESULTS THAT MAY BE OBTAINED FROM THE PRODUCTS OR SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE PRODUCTS OR SERVICES. EXCEPT AS SET FORTH HEREIN, OR IN A WRITTEN AGREEMENT BETWEEN THE

PARTIES THAT EXPRESSLY AMENDS TELVUE'S WARRANTY, AND SUBJECT TO APPLICABLE LAW, TELVUE MAKES NO OTHER, AND

EXPRESSLY DISCLAIMS ALL OTHER, REPRESENTATIONS, WARRANTIES, CONDITIONS OR COVENANTS, EITHER EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR

PURPOSE, MERCHANTABILITY, DURABILITY, TITLE, ACCURACY OR NONINFRINGEMENT) ARISING OUT OF OR RELATED TO THE

PERFORMANCE OR NONPERFORMANCE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY RELATING TO THIRD

PARTY SERVICES, ANY WARRANTY WITH RESPECT TO THE PERFORMANCE OF ANY HARDWARE OR SOFTWARE USED IN PERFORMING #7..
- 128 -
Quote#: Q-016967
Quote Issued: 5/16/2022
Quote Expiration: 6/15/2022
_____________________________________________________________________________________________________________________________________________ www.telvue.com | 16000 Horizon Way, Suite 100, Mt. Laurel, NJ 08054 | Phone: 1-(800)-885-8886 | Email: [email protected] SERVICES AND ANY WARRANTY CONCERNING THE RESULTS TO BE OBTAINED FROM THE SERVICES. THIS DISCLAIMER AND

EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTY AND LIMITED REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE. To the extent that TELVUE data is transmitted over the Internet, Customer acknowledges and agrees that TELVUE has no control over the functioning of the Internet and TELVUE makes no representations or warranties of any kind regarding the performance of the Internet.

TELVUE and Customer are independent contractors in the performance of these Terms and Conditions, and each party is solely responsible for all of its employees and agents and its labor costs and expenses arising in connection therewith. Customer is responsible for and will indemnify TELVUE from any and all claims, liabilities, damages, debts, settlements, costs, attorney's fees, expenses and liabilities of any type whatsoever that may arise in connection with the purchase and use of Products or Services and on account of Customer's activities, or those of its employees or agents, including without limitation, providing unauthorized representations or warranties (or failing to effectively disclaim all warranties and liabilities on behalf of TELVUE) to its customers or breaching any term, representation or warranty of these Terms and Conditions.

Certain TELVUE Products and Services require a full-time Internet connection for proper operation. An Internet connection may also be required for remote TELVUE support. Customer is responsible for providing Internet access that meets TELVUE's requirements. Customer shall provide TELVUE with access to Customer's technical personnel, facilities, systems, databases and information as necessary or appropriate for TELVUE to perform its obligations under these Terms and Conditions. Customer shall be solely responsible for all content supplied by Customer. Customer represents and warrants to TELVUE that such content will not violate or infringe any copyright, patent, trademark, trade secret, confidentiality or other proprietary right of any third party. License granted to Customer is for the object code version of the Products or Services and TELVUE-provided content only. Customer has no rights to the source code for the Products or Services or any TELVUE-provided content. Customer shall not permit anyone under Customer's direction or control to, reverse engineer, disassemble, de-compile or remove any identifying mark of TELVUE or its licensors from the Products, Services or any TELVUE-provided content or attempt to do so. Customer may not modify, adapt, translate or create derivative works of the Products, Services or any TELVUE-provided content without TELVUE's express written consent. The Services are licensed as a single product. TELVUE-provided content may be used only in conjunction with the Services. TELVUE shall retain all Proprietary Rights in and to the aforementioned and to any discoveries, improvements, inventions (whether or not patentable), ideas or know how that is conceived, learned, or reduced to practices by TELVUE in the course of performance under these Terms and Conditions. Both parties agree that all system designs, computer programs, data, processes, trade secrets, inventions (whether or not patentable), algorithms, know-how, and ideas and all other business, marketing, technical and financial information they obtain from the other party constitute "Confidential Information" of the disclosing party if marked as such when disclosed in writing, or if disclosed orally, designated as such within 10 days of oral disclosure. Except as expressly and unambiguously allowed under these Terms and Conditions, TELVUE and Customer agree to hold in confidence and not use or disclose the other party's Confidential Information. The receiving party shall not be obligated for any information which it can document: is in or (through no improper action or inaction by the receiving party) enters the public domain (and is readily available without substantial effort), or was rightfully in its possession or known by it prior to receipt from the disclosing party, or was rightfully disclosed to it by another person without restriction, or was independently developed by it by persons without access to such information and without use of any Confidential Information of the disclosing party, or is required to be disclosed pursuant to local or federal statutes and/or regulations. These obligations shall continue for a period of three (3) years from disclosure. TELVUE WILL NOT BE LIABLE WITH RESPECT TO OR ARISING OUT OF ANY SUBJECT

MATTER OF THESE TERMS AND CONDITIONS UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOR ANY

AMOUNTS IN EXCESS IN THE AGGREGATE OF THE AMOUNTS PAID TO TELVUE HERE UNDER OR ANY INCIDENTAL, INDIRECT, SPECIAL,

PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST OF PROFITS, BUSINESS REVENUES OR SAVINGS, LOST DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES. TELVUE SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND ITS REASONABLE CONTROL. THE ENTIRE RISK ARISING OUT OF THE USE AND/OR PERFORMANCE OF THE PRODUCTS OR SERVICES REMAINS WITH CUSTOMER. IN NO EVENT SHALL TELVUE OR ITS LICENSORS OR ANY

OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT,

INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF

BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF USE OF

OR INABILITY TO USE ANY PRODUCTS OR SERVICE, EVEN IF TELVUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE OTHEWISE FORSEEABLE. IN THE EVENT A JURISDICTION DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

TelVue Hardware Warranty and TelVue Care Extended Warranty Terms and Conditions - TelVue Corporation (TelVue) will at its option, either repair, replace or upgrade software and/or firmware on any product manufactured by TelVue which proves to be defective in materials or workmanship or fails to meet the specifications which are in effect on the date of shipment or such other specifications as may have been expressly agreed upon in writing for a period of one (1) year from the date of original purchase. With optional TelVue Care, the equipment owner can extend these terms for up to four additional years. Certain products #7..
- 129 -
Quote#: Q-016967
Quote Issued: 5/16/2022
Quote Expiration: 6/15/2022
_____________________________________________________________________________________________________________________________________________ www.telvue.com | 16000 Horizon Way, Suite 100, Mt. Laurel, NJ 08054 | Phone: 1-(800)-885-8886 | Email: [email protected] that are not manufactured but are resold by TelVue will carry the original OEM warranty for that product. In the case of a failure, the customer will be responsible for round trip shipping costs to TelVue and up to a $500 maximum factory repair service deductible. This warranty does not cover damage resulting from (i) use or installation other than in strict accordance with manufacturer’s written instructions, (ii) disassembly or repair by someone other than the manufacturer or a manufacturer-authorized repair center, (iii) misuse, misapplication or abuse, (iv) alteration, (v) lack of reasonable care or (vi) acts of God. A $500 reactivation fee will apply to a lapsed warranty for TelVue Care on equipment. TelVue Care is not transferrable without written permission from TelVue.

If any provision of these Terms and Conditions is held unenforceable by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms and Conditions shall otherwise remain in full force and effect and enforceable. These Terms and Conditions shall be governed by and construed under the laws of the State of New Jersey and the United States without regard to the conflicts of laws provisions thereof and without regard to the United Nations Convention on Contracts for the International Sale of Goods. The parties agree that venue for any action of any kind shall be Burlington County, New Jersey. Any waiver or amendment to these Terms and Conditions shall be effective only if made in writing and signed by a representative of the respective parties, authorized to bind the parties. The prevailing party in any action to enforce these Terms and Conditions shall be entitled to recover costs and expenses, including, without limitation, attorneys' fees. Notices given under these Terms and Conditions shall be in writing and considered to be received upon the earlier of actual receipt or five (5) days after mailing if mailed postage prepaid by regular mail, or one (1) day after such notice is sent by major commercial rapid delivery courier or facsimile transmission. Any delay or failure by either party to exercise any right or remedy will not constitute a waiver of that party to thereafter enforce such rights.

INFOVUE - Terms & Conditions: InfoVue is sold under additional terms and conditions related to various optional information services available. These terms and conditions are contained on the TelVue web site. It is the responsibility of the Customer/User to review those terms and conditions and to ensure compliance with them. The terms and conditions for InfoVue can be found at:
http://www.telvue.com/wp-content/uploads/InfoVue-End-User-Licensing-Terms-and-Conditions-2015-5-4.pdf The information contained in this quote is confidential and proprietary to TelVue Corporation and may not be disclosed to third parties or duplicated, in whole or in part, without the prior consent of TelVue Corporation. #7..
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April 1, 2021
Sole Source Statement
To Whom it may concern:

TelVue's server software is proprietary and it runs on PC server hardware and video decoders specially selected by TelVue for optimal performance.

Our business model is straightforward: the TelVue servers are offered only by TelVue, because we don't release proprietary code separately from the hardware. It is our proprietary software for content management and scheduling that we alone service and support.

Paul Andrews, SVP - Marketing and Sales
TelVue Corporation
16000 Horizon Way
Mt. Laurel, NJ 08054
Email: [email protected]
#7..
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1 EQUIPMENT USE AND BROADCASTING AGREEMENT BETWEEN THE CITY OF MODESTO AND CENTRAL VALLEY MEDIA CENTER MYTV26 FOR THE USE OF A TELVUE HYPERCASTER AIO B2000-4+ DIGITAL BROADCAST SERVER AND BROADCAST TIME ON MYTV26
This Equipment Use and Broadcast Agreement (“Agreement”), made and entered into in the City of Modesto, State of California, this day of May, 2022, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called “City”, and Central Valley Media Center MyTV26, hereinafter called “MyTV26”. Collectively City and MyTV26 may be referred to as “Parties”.

RECITALS
WHEREAS, the City and MyTV26 desire to enter into this Agreement in which the CITY will purchase a TelVue Hypercaster AIO B2000-4+ Digital Broadcast Server, inclusive of a service plan, which will be installed, used, and maintained by MyTV26 for the purposes of upgrading their streaming equipment located at the Stanislaus County Office of Educations (SCOE) building located at 1100 H Street, Modesto, CA 95354; and
WHEREAS, use of MyTV26 of the TelVue Hypercaster AIO B2000-4+ Digital Broadcast Server will facilitate additional public access programing for the residents of Modesto. As part of this Agreement, MyTV26 will also agree to provide City with certain broadcasting times.

NOW, THEREFORE, the Parties hereto mutually agree as follows:

1. PURCHASE OF EQUIPMENT
a. City agrees to purchase the TelVue HyperCaster AIO B2000-4+ Digital Broadcast Server (“Broadcast Server”), inclusive of a service plan selected by the City (“Service Plan”), for a total estimated amount of $33,236 plus $3,324 in contingency (in needed) for a total amount not to exceed $36,560. The Service Plan will be for five years from the date of purchase. The City agrees to purchase the Broadcast Server for use at the Stanislaus #7..
- 132 -
2 County Office of Education building located at 1100 H Street, Modesto, CA 95354 for the life of this Agreement.
b. The Broadcast Server will be an asset of the City once purchased and be accounted for as such for asset depreciation and accounting record purposes. c. City agrees to assign MyTV26 as the Service Plan holder, or co-holder, in order to facilitate any claims MyTV26 may file with the Service Plan claims. City is not liable for any declined claims, repairs, or services under the Service Plan.

2. TERM
City agrees to provide MyTV26 with exclusive rights to use the City owned Broadcast Server for a period of ten (10) years, or for the life of the Broadcast Server, whichever occurs first. This Agreement shall not extend past the “useful” life of the Broadcast Server.

3. USE OF BROADCAST SERVER
a. MyTV26 agrees to be responsible for the installation of the Broadcast Server at the Stanislaus County Office of Education building located at 1100 H Street, Modesto, CA 95354.
b. MyTV26 agrees to be solely responsible for the ongoing maintenance of the Broadcast Server and agrees that any issues with the Broadcast Server, software or hardware related will be resolved between MyTV26 and Telvue, the company that the Broadcast Server was purchased from. Maintenance, repairs or troubleshooting issues will not be the responsibility of the City. The City shall have no obligations to maintain, repair or troubleshoot any issues with the Broadcast Server or any other equipment related to Broadcast Server.

4. BROADCAST TIME FOR CITY
a. Upon installation of the Broadcast Server, MyTV26 agrees to provide the City with the following Broadcast Time hosted by MyTV26:
#7..
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3 i. MyTV26 agrees to broadcast all City Council meetings after the initial meeting has concluded its live broadcast. The broadcast of the Council meeting must occur prior to the next City Council meeting. This includes all Regular and Special Council meetings. The City is responsible for providing the media of the City Council meeting to MyTV26 in a format that is usable for the station to broadcast through its server in order to meet the requirement set forth in this Section.
ii. MyTV26 agrees to provide the City with three (3) hours of broadcast time per month for twelve (12) months at no cost to the City. This time can be used by the City to post special announcements about upcoming events or other content created by the City. Anything that will be broadcasted by the City must follow reasonable established guidelines for content that MyTV26 imposes on other persons or entities broadcasting on their channel.

5. TERMINATION
In the event MyTV26 defaults in the performance of this Agreement or materially breaches any of its provisions, the City shall provide MyTV26 with written notice of the breach and at least ten (10) days to cure the breach. If MyTV26 fails to cure the breach in accordance with the notice provided by the City, City may terminate this Agreement by giving written notification to MyTV26. The termination date shall be the effective date of the notice. Upon termination, MyTV26 shall promptly return, at MyTV26’s sole cost and expense, the Broadcast Server to the City. If MyTV26 fails to return the Broadcast Server, the City may enter upon the SCOE building and take possession of the Broadcast Server.

6. ASSIGNMENT
Neither this Agreement nor any portion thereof shall be subcontracted or assigned by MyTV26 without the express prior written consent of the City in each and every instance. #7..
- 134 -
4 7. AMENDMENT
This Agreement may not be modified or amended except as agreed upon by both parties in writing. No waiver of any requirement hereunder shall be effective unless in writing.

8. INSURANCE
MyTV26 shall provide at its own expense and maintain at all times the general liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and $1,000,000 for property damage or $1,000,000 combined single limit. 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 per-occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent consultants and subcontractors; products and completed operations.

The insurance shall be with an insurance company licensed in the State of California and MyTV26 shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the City by certified mail, return receipt requested, for all of the following stated insurance policies.

The City, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. MyTV26 shall provide City with separate endorsements evidencing proof of the City’s additional insured status. The MyTV26’s insurance policy(ies) shall include a #7..
- 135 -
5 provision that the coverage is primary as respects the City; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager.

9. INDEMNIFICATION
MyTV26 shall hold the City, its agents, 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 the use or existence of the Broadcast Server, or any act or omission of MyTV26 in the performance of this Agreement. MyTV26's obligation to defend, indemnify, and hold the City, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for MyTV26 to procure and maintain a policy of insurance.

10. INDEPENDENT ENTITIES
All acts of MyTV26, its agents, officers, and employees and all others acting on behalf of MyTV26 relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of City. MyTV26, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. MyTV26 has no authority or responsibility to exercise any rights or power vested in the City. No agent, officer, or employee of the City is to be considered an employee of MyTV26. It is understood by both MyTV26 and City that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture.

11. NOTICES
Any and all notices permitted or required to be given hereunder shall be deemed duly given and effective (a) upon actual delivery, if delivery is by hand; or (b) five (5) days after delivery into #7..
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6 the United States mail if delivery is by postage paid registered or certified (return receipt requested) mail. Each such notice shall be sent to the parties at the address respectively indicated below or to any other address as the respective parties may designate from time to time.

FOR MyTV26:

Central Valley Media Center Inc.
110 Santa Barbara Avenue
Modesto, CA 95354
FOR CITY:

City of Modesto
1010 Tenth Street, Modesto, CA 95354
Attention: City Manager

12. ATTORNEYS’ FEES
If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

13. VENUE & GOVERNING LAW
This Agreement shall be governed according to the laws of the State of California. Any action to enforce the terms of this Agreement shall be brought in the court of competent jurisdiction for the County of Stanislaus.

14. SEVERABILITY
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
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7 IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attested by its City Clerk under authority of Resolution No. _________, adopted by the Council of the City of Modesto on the _____________ day of _____________________, 2022 and _____________________has caused this Agreement to be duly executed.
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

May 24, 2022
Date: May 2, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jaylen French, Director of Community and Economic Development SUBJECT: Community Facilities District Formation Cost
CONTACT: Jessica Hill, Community Development Manager,
[email protected], 209-577-5211
DESCRIPTION:

Consider amending the City’s Community Facilities Districts (CFDs) Policies and Procedures; authorizing the City Council to establish inter-fund loans from the General Fund up to $450,000 for the formation of future City CFDs; and authorizing the City Manager to carry out the necessary budget adjustments to implement the inter-fund loans for CFD formations up to the total amount of $450,000 to implement the action authorized by the City Council. (Funding Source: General Fund)
STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

In 1982, the Mello-Roos Community Facilities Act of 1982 (the Act) was adopted by the State of California as a method for financing capital facilities (infrastructure improvements) and/or public services associated with new developments. The Act allows infrastructure improvements and services to be funded through a special tax paid by property owners. Community Facilities Districts (CFD) laws are found in the Act in the California Government Code, beginning at Section 53311.

Mello-Roos CFDs are formed to finance the construction, or acquisition of certain designated capital facilities (infrastructure) and/or to finance public services by levying special taxes included on the CFD. To date, there are 15 CFDs in the City of Modesto, with several others pending as a result of new development areas moving forward. These CFDs either finance infrastructure improvements or long-term maintenance services.

The City considers both developer or property-owner initiated applications requesting the #8..
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City Council, May 24, 2022
Community Facilities District Formation Cost

formation of a CFD. Once formed, a special tax is collected on properties within the CFD boundary to finance eligible public facilities necessary to serve residential, commercial and/or industrial projects. CFDs may also issue bonds to pay for large capital projects, and those bonds are repaid using the revenue from the annual tax.

For a typical CFD, the formation process is three separate but related proceedings. They can be combined to run concurrently. They are proceedings to:
 Form the CFD and authorize the special tax;
 Authorize bonded indebtedness for the CFD; and
 Establish the Constitutional Article XIIB “Appropriations Limit” for the CFD All City and consultant costs incurred in the evaluation of CFD applications and the creation of CFDs must be paid in advance by the applicants in those instances where a CFD is initiated by a party or parties other than the City. Expenses not legally reimbursable by the district shall be borne by the applicant. Once bonds are issued, bond proceeds may be used to reimburse the applicant for both the City costs and district consultant costs that the applicant paid for in advance.

DISCUSSION:

The City adopted policies and procedures for Formation, Annexation, and Administration of Community Facilities Districts pursuant to the provisions of the Act (CFD Policies and Procedures) in 1996.

Per the City’s CFD Policies and Procedures, it is determined that the developer must make a deposit of $64,500 to initiate the formation of a new CFD. The advance deposits cover staff’s time, consultant and legal costs, as well as other costs associated with the CFD formation.

CFDs can be formed in different ways and to cover different facilities. In infrastructure CFDs, the developer can decide to distribute the costs through a pay-as-you-go fee, or issue bonds, in partnership with the City, for the generation of revenues to finance eligible public facilities. If there are no bonds issued, the CFD formation costs are paid by the developer. If there are bonds issued, bond proceeds may be used to reimburse the developer for the advanced payment of the CFD formation costs.

In the last 24 months, staff has seen an unprecedented increase in developer and development inquiries, all of which require CFD formation or annexation. In the case of a CFD formation, especially when the CFD will contain property owned by multiple landowners, being the “first one in”, and therefore having the obligation of advancing a deposit of $64,500, can cause an undue hardship for that developer.

In order to help facilitate development within the city, staff is proposing to approve inter-fund loans from the General Fund to cover the cost of the CFD deposit. Staff is proposing a total amount of $450,000 to assist with future CFD formations. The City will be reimbursed for all formation costs at the time that the CFD bond is issued. To help reduce risk to the City, staff is proposing to include language in the City’s CFD Formation Application for bond financed CFDs, whereby the applicant signs and agrees to utilize bond proceeds to reimburse the City for the formation cost. If bonds are not issued, the applicant would have five years from the date of the application to reimburse the City for CFD formation costs of $64,500 or the total costs incurred, whatever is higher.
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City Council, May 24, 2022
Community Facilities District Formation Cost

Failure to reimburse the City would ultimately result in the City potentially pursuing legal recourse. Submission of an application by a developer does not guarantee that a CFD will be approved by the effected land owners. However, because failure to form the CFD and issue the bonds will prevent development from proceeding, staff considers this outcome unlikely. Staff has reviewed and updated the City’s CFD Policies and Procedures to reflect the proposed recommendations.

FISCAL IMPACT:

The additional $450,000 in CFD loans from the General Fund would occur over a period of time.

City staff is proposing that the loans would be funded from General Fund reserves. The loan amounts would be funded for each CFD formation separately as needed. When bonds are issued, the bond proceeds will pay back the General Fund.

Inter-fund loans that are established will have a repayment deadline that reflects the earliest feasible opportunity for repayment of the loan. An interest rate will be determined and charged on the loan based on the actual rate of return earned by the City’s investment portfolio during the 12-month period immediately preceding the submittal of the application. This rate will be set at time of issuance of loan. However, if the CFD is not formed and/or bonds are not issued, the City’s General Fund loan would not be repaid from bond proceeds. The CFD Formation Application will also require the applicant to sign and agree to the following:
“In the event the CFD is not formed and/or bonds are not issued within five (5) years from the date of this application, the undersigned applicant hereby agrees to reimburse the City for the CFD formation costs of $64,500 or total costs incurred, whichever is higher. If applicant fails to reimburse the City after receipt of a written request, the City may pursue all available legal remedies to recover payment.”
COMMITTEE RECOMMENDATION:

This request was presented to the Economic Development Committee on April 4, 2022 and was approved and forwarded to City Council for consideration and approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendation:

Resolution amending the City’s Community Facilities Districts (CFDs) Policies and Procedures, authorizing the City Council to establish inter-fund loans from the General Fund up to $450,000 for the formation of future City CFDs; and authorizing the City Manager to carry out the necessary budget adjustments to implement the inter-fund loans for CFD formations up to the total amount of $450,000 to implement the action authorized by the City Council. #8..
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City Council, May 24, 2022
Community Facilities District Formation Cost

Approved by:

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

1. Resolution

2. 2022 Proposed CFD Policies and Procedures

3. Proposed CFD Formation Application – Bond-Financed CFD Formation #8..
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1 MODESTO CITY COUNCIL
RESOLUTION NO. 2022-?
RESOLUTION AMENDING THE CITY’S COMMUNITY FACILITIES

DISTRICT POLICIES AND PROCEDURES, AUTHORIZING THE CITY

COUNCIL TO ESTABLISH INTER-FUND LOANS FROM THE GENERAL
FUND UP TO $450,000 FOR THE FORMATION OF FUTURE CITY
COMMUNITY FACILITIES DISTRICTS; AND AUTHORIZING THE CITY

MANAGER TO CARRY OUT THE NECESSARY BUDGET ADJUSTMENTS TO

IMPLEMENT THE INTER-FUND LOANS FOR CFD FORMATIONS UP TO THE TOTAL AMOUNT OF $450,000 TO IMPLEMENT THE ACTION

AUTHORIZED BY COUNCIL
WHEREAS, the Mello-Roos Community Facilities Act of 1982 (the Act) was adopted by the State of California as a method for financing capital facilities (infrastructure improvements) and/or public services associated with new developments, and
WHEREAS, Mello-Roos CFDs are formed to finance the construction, or acquisition of certain designated capital facilities (infrastructure) and/or to finance public services by levying special taxes included on the CFD and to date there are fifteen CFDs in the City of Modesto with several other in the works, and WHEREAS, the City considers both developer or property-owner initiated applications requesting the formation of a CFD, and
WHEREAS, once formed a special tax is collected on properties within the CFD to finance eligible public facilities necessary to serve residential, commercial and/or industrial projects or CFDs may issue bonds to pay for large capital projects and those bonds are then repaid using revenue from the annual tax, and WHEREAS, the City created policies and procedures for Formation, Annexation and Administration of Community Facilities Districts pursuant to the Provisions of the Act (CFD Policies and Procedures), and
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2 WHEREAS, per the City’s CFD Policies and Procedures, it is determined that the developer must make a deposit of $64,500 to initiate the formation of a new CFD and that the advance deposits cover staff time, consultants, and legal costs as well as other costs associated with the CFD formation, and
WHEREAS, when a CFD is formed it can be formed in different ways to cover many different facilities. In a CFD where infrastructure is covered, the developer can decide to distribute costs through a pay-as-you-go fee, or seek a partnership with the City for an issuance of bonds for the generation of revenues to finance eligible public facilities. If bonds are issued, the proceeds may be used to reimburse the developer for advanced payment of the CFD formation costs, and
WHEREAS, in the last 24 months, staff has seen an increase in the developer and development inquiries, all of which require CFD formation and annexation, and WHEREAS, in order to assist with development within the City, staff is proposing to allow the City Council to approve inter-fund loans from the General Fund for CFDs that will pursue bond financing.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves amending the City’s Community Facilities Districts Policies and Procedures, authorizing the City Council to establish inter-fund loans from the General Fund up to $450,000 for the formation of future City Community Facilities Districts.

BE IT FURTHER RESOVLED that the interest rates on such loans will be equal to the actual rate of return earned by the City’s investment portfolio during the 12-month period immediately preceding the application submittal and shall be repaid within 5 years.
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3 BE IT FURTHER RESOLVED, that the City Manager, or his designee, is hereby authorized to carry out the necessary budget adjustments to implement the inter-fund loans for CFD formations up the total amount of $450,000 to implement the action authorized by Council.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 24th 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
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CITY OF MODESTO

POLICIES & PROCEDURES FOR THE FORMATION, ANNEXATION, AND ADMINISTRATION OF

COMMUNITY FACILITIES DISTRICTS CREATED PURSUANT TO
THE PROVISIONS OF THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 Adopted - September 3, 1996 (Resolution No. 96-501)
Amended - October 8, 1996 (Resolution No. 96-545)
Amended - March 24, 1998 (Resolution No.98-164)
Amended - April 7, 1998 (Resolution No. 98-186)
Amended - June 2, 1998(Resolution No. 98-301)
Amended - September 8, 1998 (Resolution No. 98-483)
Amended - August 10, 1999 (Resolution No. 99-405)
Amended - October 12, 1999 (Resolution No. 99-500)
Amended - January 22, 2002 (Resolution No. 2002-39)
Amended – April 6, 2004 (Resolution No. 2004-172)
Amended –June 22, 2004 (Resolution No. 2004-307)
Amended – January 8, 2008 (Resolution No. 2008-024)
Amended – Month X, 2022 (Resolution No. 2022-XXX)Amended – Month X, 2022 (Resolution No. 2022- XXX)
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