Agenda packet, first session — Modesto City Council, October 11, 2022 (part 1 of 2)

- 1 -
10/11/2022 5:30:00 PM

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, October 11, 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.
“Wordly” can translate into 25+ different languages! To access written translation during the meeting, please scan the QR Code or click this link https://attend.wordly.ai/join/RJDY-6364.
"Wordly" puede traducir a más de 25 idiomas diferentes! Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace https://attend.wordly.ai/join/RJDY-6364.

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.
- 1 -
10/11/2022
- 2 -
10/11/2022 5:30:00 PM

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 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.
- 2 -
10/11/2022
- 3 -
10/11/2022 5:30:00 PM
 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 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: Jon Apodaca, Good Life
City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session

ACKNOWLEDGEMENTS AND PRESENTATIONS

1. Presentation of Helen Putnam Award by Stephen Qualls, Cal Cities Public Affairs Manager. (Funding Source: Not Applicable)
CITY MANAGER; Joseph Lopez, 209-577-5223, [email protected]

MISCELLANEOUS
Legislation, Appointments, and Other

2. Consider approving appointments to fill four City of Modesto vacancies on the Equity Commission for a four-year term. (Funding Source: Not Applicable) Staff Recommendation:
 Resolution approving the appointments of Kwei-Cee Chu, Lindsey Bird, Larry Bolton, and Fallon Ferris to the Equity Commission with a term expiration of October 1, 2026.
- 3 -
10/11/2022
- 4 -
10/11/2022 5:30:00 PM
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected]

3. Consider approving the appointments to fill nine vacancies to the City of Modesto Youth Commission for the 2022-2023 school year from October 12, 2022 to June 30, 2023. (Funding Source: Not Applicable)
Staff Recommendation:
 Resolution approving the appointments of Hamza Modan, Ameena Pierstorff, Aheli Patel, Jossfin Garza, Noah Wong, Kayvon Banankhah, Lolamaya Evans, Abigail Manzano, and Carissa Nielson to the City of Modesto Youth Commission for the 2022-2023 school year from October 12, 2022 to June 30, 2023.

PRN; Ashley Weaver, 209-577-5428, [email protected] 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.

PUBLIC COMMENT PERIOD
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:
- 4 -
10/11/2022
- 5 -
10/11/2022 5:30:00 PM
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
An item may be removed from consent and discussed at the request of an audience member or Councilmember.

Consent

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

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

5. Consider approving final adoption of Ordinance 3751-C.S. amending Title 6 of the Modesto Municipal Code, “Business, Professions and Trades,” by adding Chapter 9, “Automobile Businesses,” related to use of Public Streets and Highways by automobile businesses. (Funding Source: Not Applicable)
Staff Recommendation:
 Motion approving final adoption of Ordinance 3751-C.S. amending Title 6 of the Modesto Municipal Code, “Business, Professions and Trades,” by adding Chapter 9, “Automobile Businesses,” related to use of Public Streets and Highways by automobile businesses.

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

6. Consider approving the Amended Conflict of Interest Code for the City of Modesto. (Funding Source: Not Applicable)
Staff Recommendation:
 Resolution approving the amended Conflict of Interest Code for the City of Modesto and rescinding Resolution No. 2020-362.

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

7. 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] - 5 -
10/11/2022
- 6 -
10/11/2022 5:30:00 PM
Consent

8. Consider approving the recommended budget adjustments to Fiscal Year 2022-23 Annual Operating and Capital Improvement Program Budgets. (Funding Source:

Various Funds)
Staff Recommendation:
 Resolution amending Fiscal Year 2022-23 Annual Operating and Capital Improvement Project Fund Budgets and authorizing the City Manager, to make the necessary steps to implement the provisions of this resolution.

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

9. Consider approving a Fifth Amendment to the Agreement with California Property Specialists, Inc., dba CPSI, an Interwest Consulting Group, Inc. company, for additional Right-Of-Way Services for the State Route 132 West Freeway/Expressway - Phase 1 Project, increasing the Agreement amount by $177,425, plus $44,356 additional services, if needed, for a total increase of $221,781 from $3,737,413 for a total amount not to exceed $3,959,194, and forwarding to Council for approval. (Funding Source: Streets Capital Facility Fees)
Staff Recommendation:
 Resolution approving a Fifth Amendment to the Agreement with California Property Specialists, Inc., dba CPSI, now known as Interwest Consulting Group, Inc., for additional Right-Of-Way Services for the State Route 132 West Freeway/Expressway - Phase 1 Project, increasing the Agreement amount by $177,425, plus $44,356 additional services, if needed, for a total increase of $221,781 from $3,737,413 for a total amount not to exceed $3,959,194, and authorizing the City Manager, or his designee to execute the Fifth Amendment to Agreement.

CED; Toby Wells, 209-571-5542, [email protected]
Consent

10. Consider approving an Agreement with the State of California Office of Emergency Services, to temporarily house and maintain a Type 6 fire engine and its associated equipment. (Funding Source: General Fund)
Staff Recommendation:
 Resolution approving an Agreement with the State of California Office of Emergency Services, to temporarily house and maintain a Type 6 fire engine and its associated equipment and authorizing the City Manager, or his designee to execute the Agreement.

FIRE DEPARTMENT; Alan Ernst, 209-572-9590, [email protected] Consent

11. Consider approving a one-time purchase with Watson Furniture Group, by utilizing the competitive bid process from the Houston-Galveston Area Council (H-GAC), for the purchase and installation of Real Time Crime Center (RTCC) workstation furniture, equipment, materials and labor for an estimated cost not to exceed $62,627. (Funding - 6 -
10/11/2022
- 7 -
10/11/2022 5:30:00 PM
Source: Police - Grants)
Staff Recommendation:
 Resolution approving a one-time purchase with Watson Furniture Group, by utilizing the competitive bid process from the Houston-Galveston Area Council (H-GAC), for the purchase and installation of Real Time Crime Center (RTCC) workstation furniture, equipment, materials and labor for an estimated cost not to exceed $62,627; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.

POLICE DEPARTMENT; Jessica Smart, 209-572-9500, [email protected] Consent

12. Consider approving the plans and specifications for the New Traffic Signal Installation Oakdale Road at Claratina Avenue project, accepting the bid, and awarding a contract to Tim Paxin’s Pacific Excavation, Inc. dba Pacific Excavation of Elk Grove, CA, for a total amount not to exceed $538,116. (Funding Source: Highway Safety Improvement Program, Surface Transportation Block Grant, and Measure L) Staff Recommendation:
 Resolution approving the plans and specifications for the New Traffic Signal Installation Oakdale Road at Claratina Avenue project, accepting the bid, and awarding a contract to Tim Paxin’s Pacific Excavation, Inc. dba Pacific Excavation of Elk Grove, CA, in the amount of $489,196, and change orders up to the cumulative amount of $48,920 for a total amount not exceed $538,116, and authorizing the City Manager, or his designee, to execute the Agreement.

PUBLIC WORKS; Scott Collins, 209-577-5431, [email protected] Consent

13. Consider approving three On-Call Water Resource Grant Research and Writing Consultant Services Agreements with Provost & Pritchard Consulting Group, Modesto, CA, Woodard & Curran, Sacramento, CA, and West Yost Associates, Davis, CA, for a one-year Agreement with two one-year extension options, for an annual cost not to exceed $150,000 each, and a total not to exceed $1,350,000 over three years. (Funding Source: Various Capital Improvement Program Projects)
Staff Recommendation:
 Resolution approving an On-Call Water Resource Grant Research and Writing Consultant Services Agreement with Provost & Pritchard Consulting Group, Modesto, CA, for a one-year Agreement with two one-year extension options, for an annual cost not to exceed $150,000, and a total amount not to exceed $450,000 over three years; and authorizing the City Manager, or his designee, to execute the Agreement.
 Resolution approving an On-Call Water Resource Grant Research and Writing Consultant Services Agreement with West Yost Associates, Davis, CA, for a one-year Agreement with two one-year extension options, for an annual cost not to exceed $150,000, and a total amount not to exceed $450,000 over three years; and authorizing the City Manager, or his designee, to execute the Agreement.
 Resolution approving an On-Call Water Resource Grant Research and Writing - 7 -
10/11/2022
- 8 -
10/11/2022 5:30:00 PM
Consultant Services Agreement with Woodard & Curran, Sacramento, CA, for a one-year Agreement with two one-year extension options, for an annual cost not to exceed $150,000, and a total amount not to exceed $450,000 over three years; and authorizing the City Manager, or his designee, to execute the Agreement.

UTILITIES; Miguel Alvarez, 209-577-5348, [email protected]

COUNCIL COMMENTS & REPORTS

CITY MANAGER COMMENTS & REPORTS

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

ADJOURNMENT

CLOSED SESSION
Please take notice that a special Closed Session meeting of the Council of the City of Modesto has been called pursuant to Section 2-1.02 of the Modesto Municipal Code to be convened on
TUESDAY, OCTOBER 11, 2022 at 4:45 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 Clerk
- 8 -
10/11/2022
- 9 -
10/11/2022 5:30:00 PM
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
at by
date time signature
- 9 -
10/11/2022

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

October 11, 2022
Date: September 19, 2022
TO: Mayor and City Council
THROUGH: Joseph Lopez, City Manager
FROM: Christina Alger, Director of Human Resources
SUBJECT: Equity Commission Appointments
CONTACT: Christina Alger, Director of Human Resources
[email protected], 209-571-5126
DESCRIPTION:

Consider approving appointments to fill four City of Modesto vacancies on the Equity Commission for a four-year term. (Funding Source: Not Applicable) STRATEGIC PLAN ELEMENT:

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

Service and Delivery Goal I: Promote trust and engagement between the community and the City; and Goal J: Build a high-performance organization.

BACKGROUND:

The Affirmative Action Commission of the City of Modesto was established pursuant to the provisions of the Affirmative Action Program established by Modesto City Council Resolution No. 87-237 on April 7, 1987. With the passage of Proposition 209, the City reviewed its employment policies, affirmative action policies and other relevant policies and procedures and amended them as necessary to comply with Proposition 209. As part of the compliance effort, the Commission retitled from the Affirmative Action Commission to Equal Opportunity and Disability Commission by Resolution No. 98-134.

The newly formed Equity Commission was adopted by Council on January 25, 2022, by Resolution No. 2022-054. This action renamed and repurposed the Equal Opportunity and Disability Commission to the Equity Commission. The original commission was charged with advising on matters related to equal employment opportunity. This Commission had become dormant for approximately the last five years.

City staff created a Diversity, Equity, and Inclusion (DEI) program which also was adopted on January 25, 2022, by Resolution No. 2022-051. This comprehensive program addresses needed focus and training of staff City-wide for both internal relations and service to our community. Under the program are multiple Plans that address various aspects of DEI to #2..
- 10 -
City Council, October 11, 2022
Equity Commission Appointments

Page 2 of 2 ends

include the Equal Employment Opportunity Plan, Language Access Plan, Americans with Disabilities (ADA) Plan, and the supporting Equity Commission.

The new Equity Commission is purposed to advise on matters related to all facets of the DEI program and subsequent plans and initiatives. The former Equal Opportunity/Disability Commission jointly met with the Human Relations Commission. This practice will continue with the Equity Commission.

On June 30, 2022, nine applications were taken to the Appointments Committee. Six applications were recommended to move forward to Council. On August 9, 2022, Council approved six appointments by Resolution 2022-332 for a term expiration of August 1, 2026, leaving five vacant seats.

DISCUSSION:

With Council’s approval of six appointments to the newly formed Equity Commission, the City currently have five vacant seats to fill. City staff emailed seven local community groups and shared information regarding the DEI program to solicit applications and asked that they share with their members. The City also began advertising these remaining seats on its various social media platforms on Facebook: 7/15/22, 7/19/22, 7/26/22, Twitter 7/14/22, 7/19/22, 7/26/22, LinkedIn 7/14/22, 7/26/22, Nextdoor 7/14/22, and IG Story 7/14/22 to gain applications. As a result of these efforts, a total of sixteen applications were received.

Staff recommended considering these applications to fill a possible five remaining seats. The Appointments Committee Reviewed and discussed the applications and chose four applications to move forward to Council. Advertising will continue to fill the remaining seat of this commission.

FISCAL IMPACT:

There is no fiscal impact associated with this action.

COMMITTEE RECOMMENDATION:

This was taken to the Appointments Committee on September 15, 2022, and four applications were recommended to move forward to Council.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the appointments of Kwei-Cee Chu, Lindsey Bird, Larry Bolton, and Fallon Ferris to the Equity Commission with a term expiration of October 1, 2026.

Approved by:

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

1. Resolution
#2..
- 11 -
10/11/2022/HR/CAlger 1 2022-

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-

RESOLUTION APPROVING THE APPOINTMENTS OF KWEI-CEE CHU,

LINDSEY BIRD, LARRY BOLTON, AND FALLON FERRIS TO THE EQUITY COMMISSION WITH A TERM EXPIRATION OF OCTOBER 1, 2026
WHEREAS, the Affirmative Action Commission of the City of Modesto was established pursuant to the provisions of the Affirmative Action Program established by Modesto City Council Resolution No. 87-237 on April 7, 1987; and WHEREAS, with the passage of Proposition 209, the City reviewed its employment policies, affirmative action policies and other relevant policies and procedures and amended them as necessary to comply with Proposition 209; and WHEREAS, as part of the compliance effort, the Commission retitled from the Affirmative Action Commission to Equal Opportunity and Disability Commission by Resolution No. 98-134; and
WHEREAS, with the creation of the Diversity, Equity, and Inclusion Program which includes Equal Opportunity and Disability accessibility; and WHEREAS, City staff retitled and repurposed the Equal Opportunity/Disability Commission to the Equity Commission and amended Article II Duties by Resolution No. 2022-054; and
WHEREAS, the Equity Commission is established to advise on matters of diversity, equity, and inclusion; and
WHERAS, the Appointments Committee met on September 15, 2022 and recommended the appointments of Kwei-Cee Chu, Lindsey Bird, Larry Bolton, and Fallon Ferris to the Equity Commission.
#2..
- 12 -
10/11/2022/HR/CAlger 2 2022-
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the appointments of Kwei-Cee Chu, Lindsey Bird, Larry Bolton, and Fallon Ferris as commission members to the Equity Commission for a four-year term, with an expiration date of October 1, 2026.

BE IT FURTHER RESOLVED, that the City Clerk is hereby directed to transmit a copy of this resolution to the appointed members of the Equity Commission, and secretary thereof.

The foregoing resolution was adopted at a regular meeting of the Council of the City of Modesto held on the 11th day of October 2022, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers: ?
NOES: Councilmembers: ?
ABSENT: Councilmembers: ?
ATTEST: _____________________________

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

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
#2..
- 13 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

October 11, 2022
Date: September 20, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Laurie A. Smith, Director of Parks, Recreation and Neighborhoods SUBJECT: City of Modesto Youth Commission Appointments
CONTACT: Ashley Weaver, Recreation & Neighborhoods Services Manager, [email protected], (209) 577-5428
DESCRIPTION:

Consider approving the appointments to fill nine vacancies to the City of Modesto Youth Commission for the 2022-2023 school year from October 12, 2022 to June 30, 2023. (Funding Source: Not applicable)
STRATEGIC PLAN ELEMENT:

This item is consistent with the following 2020-2025 Strategic Plan Areas of Focus: Governance and Service Delivery and Economic Vitality.

BACKGROUND:

On June 28, 2022, by Resolution No. 2022-290, Council reestablished and restructured the City of Modesto Youth Commission (Youth Commission) and adopted bylaws. The Youth Commission provides opportunities to participate in governmental processes, expand civic participation, and share ideas, recommendations, and youth perspectives. The role of the Youth Commission includes the following:

1. Act in an advisory capacity to the City Council and the City Manager in matters pertaining to youth, and to initiatives, policies and programs impacting the youth in the City of Modesto;

2. Formulate and recommend programs to the City Council relating to the concerns and needs of youth in the City of Modesto;

3. Promote engagement from nonprofits, neighborhood associations, and other groups to promote and provide better youth services and increase opportunities for youth engagement in the community;

4. Work with other youth organizations in the City of Modesto and other communities to share ideas and strategies for increased youth engagement;

5. Act in an advisory capacity to other City commissions in matters of youth-related concerns and programs;
#3..
- 14 -
City Council, October 11, 2022
City of Modesto Youth Commission Appointments

Page 2 of 3 ends

6. Receive reports from City staff on ongoing efforts and strategies that have been established by the city related to youth activities, including but not limited to those implemented as solutions to problems encountered by youth; program development or improvement to eliminate gaps in service to youth; programs created or improved to provide access to resources; and programs developed or improved to encourage youth participation and include the unique youth voice.

DISCUSSION:

Section 1102 of the Charter of the City of Modesto authorizes the City Council to appoint members of various Boards and Commissions with the recommendation of the City’s Appointments Committee. The Youth Commission is comprised of nine (9) members who live within the boundaries of the City of Modesto and are enrolled full-time in high school. Members are appointed for one year (October through June) to coincide with the school year. The City’s standard Board, Commission, and Committee application was supplemented with questions specific to youth interests and experience. Online applications were received from August 3, 2022 to September 14, 2022.

The City’s Appointment Committee reviewed 15 applications and are recommending the following nine (9) appointments for the 2022-2023 term:

1. Hamza Modan Enochs High School Sophomore

2. Ameena Pierstorff Enochs High School Senior

3. Aheli Patel Enochs High School Senior

4. Jossfin Garza Gregori High School Freshman

5. Noah Wong Gregori High School Senior

6. Kayvon Banankhah Modesto High School Freshmen

7. Lolamya Evans Modesto High School Junior

8. Abigail Manzano Modesto High School Junior

9. Carissa Nielson Beyer High School Unknown
Those applicants not appointed to the Youth Commission will be invited and encouraged to attend Youth Commission meetings and participate in any subcommittees and projects established by the Youth Commission. The specifics of these programs will be determined after the Youth Commission initially meets, but City staff will ensure there are continual opportunities to participate for those not appointed.

FISCAL IMPACT:

There is no fiscal impact related to this action.

COMMITTEE RECOMMENDATION:

This matter was considered by the Appointments Committee on September 15, 2022, which unanimously recommended the appointment of the nine applicants for Council’s consideration.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the appointments of Hamza Modan, Ameena Pierstorff, Aheli Patel, Jossfin Garza, Noah Wong, Kayvon Banankhah, Lolamaya Evans, Abigail Manzano, and Carissa Nielson to the City of Modesto Youth Commission for the 2022-2023 school year from October 12, 2022 to June 30, 2023.
#3..
- 15 -
City Council, October 11, 2022
City of Modesto Youth Commission Appointments

Page 3 of 3 ends

Approved by:

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

1. Resolution
#3..
- 16 -
October 11, 2022/PRND/Weaver 1 2022-

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-

RESOLUTION APPROVING THE APPOINTMENTS OF HAMZA MODAN,

AMEENA PIERSTORFF, AHELI PATEL, JOSSFIN GARZA, NOAH WONG,

KAYVON BANANKHAH, LOLAMAYA EVANS, ABIGAIL MANZANO, AND

CARISSA NIELSON TO THE CITY OF MODESTO YOUTH COMMISSION FOR THE 2022-2023 SCHOOL YEAR FROM OCTOBER 12, 2022 TO JUNE 30, 2023
WHEREAS, on June 28, 2022, by Resolution No. 2022-290, Council reestablished the City of Modesto Youth Commission (“Youth Commission”) and adopted bylaws to provide opportunities for young people to participate actively in governmental processes, and
WHEREAS, the Youth Commission shall serve in an advisory capacity to the City Council and the City Manager in matters pertaining to youth, and to initiatives, policies, and programs impact youth; and
WHEREAS, Section 1102 of the Charter of the City of Modesto authorizes the City Council to appoint members to various Boards, Commissions, and Committees with the recommendation of the City’s Appointments Committee; and WHEREAS, the Youth Commission shall be comprised of nine (9) members who live within the boundaries of the City of Modesto and are enrolled full-time in high school; and
WHEREAS, members are appointed for a one year term coinciding with the school year (October through June); and
WHEREAS, the Appointments Committee met on September 15, 2022 and recommended the appointments of Hamza Modan, Ameena Pierstorff, Aheli Patel, Jossfin Garza, Noah Wong, Kayvon Banankhah, Lolamaya Evans, Abigail Manzano, and #3..
- 17 -
October 11, 2022/PRND/Weaver 2 2022-
Carissa Nielson to the City of Modesto Youth Commission for the 2022-2023 school year from October 12, 2022 to June 30, 2023.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the appointments of Hamza Modan, Ameena Pierstorff, Aheli Patel, Jossfin Garza, Noah Wong, Kayvon Banankhah, Lolamaya Evans, Abigail Manzano, and Carissa Nielson to the City of Modesto Youth Commission for the 2022- 2023 school year from October 12, 2022 to June 30, 2023.

BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit a copy of this resolution to the appointed members of the City of Modesto Youth Commission, and the Secretary, thereof.
#3..
- 18 -
October 11, 2022/PRND/Weaver 3 2022-
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 11th day of October 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 NYARES-PEREZ, City Clerk
APPROVED AS TO FORM:

BY: ___________________________
JOSE M. SANCHEZ, City Attorney
#3..
- 19 -
- 1 -
10/4/2022 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, October 04, 2022 at 5:30 PM
Roll Call – Present: Councilmembers Escutia-Braaton, Kenoyer, Madrigal (5:36 p.m.), Ricci, Wright, Mayor Zwahlen

Absent: None
Pledge of Allegiance to the Flag
Invocation: Lynette Crase, Emanuel Lutheran Church
City Clerk’s Announcements: None
Declaration of Conflicts of Interest: None

ACKNOWLEDGEMENTS AND PRESENTATIONS

1. Presentation of Proclamation proclaiming October 2022 as Hindu American Awareness and Appreciation Month. (Funding Source: Not Applicable) CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected] ACTION: Mayor Zwahlen presented a proclamation declaring October 2022 as Hindu American Awareness and Appreciation Month.

2. Presentation of Proclamation proclaiming October 2022 as National Domestic Violence Awareness Month. (Funding Source: Not Applicable) CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected] #4..
- 20 -
- 2 -
10/4/2022 5:30:00 PM
ACTION: Mayor Zwahlen presented a proclamation declaring October 2022 as National Domestic Violence Awareness Month.

3. Presentation of Proclamation proclaiming October 9-15, 2022, as “Fire Prevention Week” in the City of Modesto. (Funding Source: Not Applicable) CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected] ACTION: Mayor Zwahlen presented a proclamation declaring October 9-15, 2022, as “Fire Prevention Week” in the City of Modesto.

PUBLIC COMMENT PERIOD
 Tina Perez Tateo, Modesto Cruisers Council asked that the ban on cruising be lifted. She invited the public and Council to attend a cruise to benefit cancer awareness in October.  Louisa Bryant spoke about an inspection on her home for mold. She asked for city officials to help her and send a building inspector.
 Nasson Sanchez spoke in support of lifting the ban on cruising, and requested it be placed on an agenda for consideration.
 Jerry Thompson, Modesto Cruisers Council spoke in support of lifting the ban on cruising.
 Loretta Carhart spoke about a report on a radio program and a new law regarding walking across the street. She also commented on cameras at Needham and Virginia.

CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS 4-12 (Kenoyer/Wright; 6/0)

CONSENT ITEMS
Consent

4. Consider approving the minutes from the September 27, 2022 Council Meeting. (Funding Source: Not Applicable)
 Motion approving the minutes from the September 27, 2022 Council Meeting.

CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Kenoyer/Wright; 6/0) Motion approving the minutes from the September 27, 2022 Council Meeting.

Consent

5. Consider approving final adoption of Ordinance 3750-C.S. repealing and replacing Section 10-3.505 of Article 3 of Title 10 of the City of Modesto Municipal Code and #4..
- 21 -
- 3 -
10/4/2022 5:30:00 PM
amending the Title of Section 10-3.506 of Article 3 of Title 10 related to termination of non-conforming uses. (Funding Source: Not Applicable)
 Motion approving final adoption of Ordinance 3750-C.S. repealing and replacing Section 10-3.505 of Article 3 of Title 10 of the City of Modesto Municipal Code and amending the Title of Section 10-3.506 of Article 3 of Title 10 related to termination of non-conforming uses.

CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Kenoyer/Wright; 6/0) Motion approving final adoption of Ordinance 3750-C.S. repealing and replacing Section 10-3.505 of Article 3 of Title 10 of the City of Modesto Municipal Code and amending the Title of Section 10-3.506 of Article 3 of Title 10 related to termination of non-conforming uses.

Consent

6. Consider an Ordinance amending Title 6 of the Modesto Municipal Code, “Business, Professions and Trades,” by adding Chapter 9, “Automobile Businesses,” related to use of Public Streets and Highways by automobile businesses. (Funding Source: Not Applicable)
 Motion introducing and waiving the first reading of an Ordinance amending Title 6 of the Modesto Municipal Code, “Business, Professions and Trades,” by adding Chapter 9, “Automobile Businesses,” related to use of Public Streets and Highways by Automobile Businesses.

CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected] ACTION: (Kenoyer/Wright; 6/0) Motion introducing and waiving the first reading of Ordinance 3751-C.S. amending Title 6 of the Modesto Municipal Code, “Business, Professions and Trades,” by adding Chapter 9, “Automobile Businesses,” related to use of Public Streets and Highways by Automobile Businesses.

Consent

7. Consider approving a Will Serve Letter and Outside Service Agreement for Water Service for the property located at 6942 St. John Road (APN: 004-076-003). (Funding Source: Water Fund, General Fund)
 Resolution approving a Will Serve Letter and Outside Service Agreement to connect to the City of Modesto’s existing water system for the property located at 6942 St. John Road in Modesto (APN: 004-076-003), and authorizing the City Manager, or his designee, to sign the Will Serve Letter and execute the Outside Service Agreement.

CED; Toby Wells, 209-571-5542, [email protected]
ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-405 approving a Will Serve Letter and Outside Service Agreement to connect to the City of Modesto’s existing water system for the property located at 6942 St. John Road in Modesto (APN: 004- 076-003), and authorizing the City Manager, or his designee, to sign the Will Serve Letter and execute the Outside Service Agreement.
#4..
- 22 -
- 4 -
10/4/2022 5:30:00 PM
Consent

8. Consider accepting the Annual Investment Report for Fiscal Year 2021-2022. (Funding Source: Various Funds)
 Motion accepting the Annual Investment Report for Fiscal Year 2021-2022.

FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
ACTION: (Kenoyer/Wright; 6/0) Motion accepting the Annual Investment Report for Fiscal Year 2021-2022.

Consent

9. Consider accepting an informational report for the August 2022 Accounts Payable Payment Register and Void report. (Funding Source: Not Applicable)  Motion accepting an informational report for the August 2022 Accounts Payable Payment Register and Void report.

FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Kenoyer/Wright; 6/0) Motion accepting an informational report for the August 2022 Accounts Payable Payment Register and Void report.

Consent

10. Consider approving Amendment #1 to the Facility and Fleet Maintenance Agreements between the City of Modesto and the Stanislaus Regional Transit Authority. (Funding Source: Local Transportation Funds, State Transit Assistance, Farebox Revenue, & Federal Transit Administration (FTA))
 Resolution approving Amendment #1 to the Facility and Fleet Maintenance Agreements between the City of Modesto and the Stanislaus Regional Transit Authority and authorizing the City Manager, or his designee, to execute the Amendments.

FINANCE DEPARTMENT; DeAnna Christensen, 209-577-5387,
[email protected]
ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-406 approving Amendment #1 to the Facility and Fleet Maintenance Agreements between the City of Modesto and the Stanislaus Regional Transit Authority and authorizing the City Manager, or his designee, to execute the Amendments.

Consent

11. Consider approving the Third Amendment to the Agreement with Grover Landscape Services, Inc., Modesto, CA, for Landscape Services to extend the term period for up to an additional six months and increasing the amount of the Agreement by an amount not to exceed $1,331,868 for the extension period. (Funding Source: General Fund – Parks Operations, Community Facilities District Funds, Joint Powers Authority Tuolumne River Regional Park Fund, Various City and Enterprise Funds)  Resolution approving the Third Amendment to the Agreement with Grover Landscape Services, Inc., Modesto, CA, for Landscape Services to extend the #4..
- 23 -
- 5 -
10/4/2022 5:30:00 PM
term period for up to an additional six months and increasing the amount of the Agreement by an amount not to exceed $1,331,868 for the extension period; and authorizing the City Manager, or his designee to execute the Amendment.

PRN; Kelly Gallagher, 209-342-2270, [email protected] ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-407 approving the Third Amendment to the Agreement with Grover Landscape Services, Inc., Modesto, CA, for Landscape Services to extend the term period for up to an additional six months and increasing the amount of the Agreement by an amount not to exceed $1,331,868 for the extension period; and authorizing the City Manager, or his designee to execute the Amendment.

Consent

12. Consider authorizing staff to apply for all California Department of Resources, Recycling and Recovery Beverage Container Recycling Grants available and authorizing the City Manager, or his designee, to sign grant applications and related forms, accept grant awards, and amend the budget as needed. (Funding Source: Not Applicable)
 Resolution authorizing staff to apply for all California Department of Resources, Recycling and Recovery Beverage Container Recycling Grants available, and authorizing the City Manager, or his designee, to sign grant applications and related forms, accept grant awards, and amend the budget as needed.

PUBLIC WORKS; Rosene Salmo, 209-577-5453, [email protected] ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-408 authorizing staff to apply for all California Department of Resources, Recycling and Recovery Beverage Container Recycling Grants available, and authorizing the City Manager, or his designee, to sign grant applications and related forms, accept grant awards, and amend the budget as needed.

COUNCIL COMMENTS & REPORTS
Councilmember Ricci reported that about a year ago, he asked the City what could be done about the issues neighbors in the Geer Court and Helen Avenue area were having with local businesses parking vehicles. City management came together and tonight an Ordinance was approved to address that. He acknowledged the Central Valley Pickleball Club, College Area Neighborhood Association and the City of Modesto Parks and Recreation Department that all came together and opened up brand new pickleball courts at Graceada Park. Volunteers contributed over 2,000 hours of their own labor to build these new courts. He further acknowledged the cruisers for coming out and advocating this evening. In addition, he commented on how pleased he is with the bulky item pickup program. The program works very well. However, the program does not cover multi-unit housing. He reported that the City is working on something right now to address bulky item pickups for multi-unit housing.
#4..
- 24 -
- 6 -
10/4/2022 5:30:00 PM

CITY MANAGER COMMENTS & REPORTS
None

MATTERS TOO LATE FOR THE AGENDA
None

ADJOURNMENT
This meeting adjourned at 6:21 P.M.

Attest:____________________________
Diane Nayares-Perez, City Clerk
#4..
- 25 -
- 1 - ORDINANCE NO. 3751-C.S.

EFFECTIVE DATE: November 10, 2022
ORDINANCE NO. 3751-C.S.

ORDINANCE AMENDING TITLE 6 OF THE MODESTO MUNICIPAL CODE, “BUSINESS, PROFESSIONS AND TRADES,” BY ADDING CHAPTER 9, “AUTOMOBILE BUSINESSES,” RELATED TO USE OF PUBLIC STREETS AND

HIGHWAYS BY AUTOMOBILE BUSINESSES
WHEREAS, the City of Modesto (“City”) has experienced an excess of automobiles associated with businesses (“Automobile Businesses”) parked and stored in residential neighborhoods and other City streets; and
WHEREAS, excess parking and storage of automobiles in residential neighborhoods degrades the aesthetic character of residential neighborhoods and streets within the City; and WHEREAS, the City has determined that prohibiting the parking and storage of automobiles associated with Automobile Businesses on City streets is in the public interest and welfare of its residents; and
WHEREAS, the City has determined that it is in the public interest and welfare of its residents to add Chapter 9, “Automobile Businesses,” to Title 6, “Business, Professions and Trades,” of the Modesto Municipal Code adding regulations related to how Automobile Businesses use public streets and highways.

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

SECTION 1. FINDINGS
The City Council of the City of Modesto finds that all of the above recitals and within this Ordinance are true and correct and incorporated herein by reference.

SECTION 2. AMENDMENT OF MUNICIPAL CODE

1. The City of Modesto Municipal Code Title 6, Business, Profession and Trades,” is hereby amended by adding Chapter 9, entitled “Automobile Businesses,” to read as follows:
“Chapter 9 – Automobile Businesses
#5..
- 26 -
- 2 - ORDINANCE NO. 3751-C.S.

EFFECTIVE DATE: November 10, 2022
6-9.101 – Findings and Purpose
(a) The City Council finds and declares as follows:
(1) The City of Modesto has experienced an excess of automobiles associated with businesses (“Automobile Businesses”) parked and stored on City streets and within residential neighborhoods.
(2) Excess parking and storage of automobiles in residential neighborhoods degrades the aesthetic character of residential neighborhoods and streets within the City. (3) Prohibiting the parking and storage of automobiles associated with Automobile Businesses on City streets is in the public interest and welfare of its residents. (b) The purpose of this Article is to improve the aesthetic appearance of City streets and residential neighborhoods by prohibiting the parking and storage of automobiles associated with Automobile Businesses on such streets.
6-9.102 – Definitions
Except as otherwise expressly set forth herein, the following words and terms as used in this Article shall have the following meanings:
(a) “Automobile” shall mean cars, light trucks, motorcycles, mopeds, motor scooters, mobile trailers, commercial vehicles, and other similar forms of vehicular transport. (b) “Auto Repair Shop” shall mean any shop, building, room, place, or space wherein, for compensation, any automobile, other motor vehicles, or any parts thereof are repaired, remodeled, overhauled, reconditioned, or painted.
(c) “Automobile Dealer” shall mean and include any person engaged in, conducting, managing, or carrying on the business of buying, selling, offering to buy, offering to sell, #5..
- 27 -
- 3 - ORDINANCE NO. 3751-C.S.

EFFECTIVE DATE: November 10, 2022
consigned to be sold, or otherwise dealing in new or used motor vehicles, or both, as the term “motor vehicle” is defined in the California Vehicle Code. (d) “Automobile wrecking” shall mean the principal use of any premises for the dismantling, demolition, or crushing of any automotive vehicle or for the storage of abandoned or irreparably damaged vehicles.
(e) “Car rental agency” shall mean any business involving the rental, leasing, repossession, or transportation of new or used vehicles for rental or leasing. 6-9.103 – Automobile Dealers – New and Used – Parking on Street Prohibited (a) No person engaged in conducting or carrying on the business of an automobile dealer, as defined in Section 6-9.102(c), shall store, display, wash, recondition, detail or otherwise perform work on, or park for such purposes any automobile in his/her possession or under his/her control upon any public street or highway. This Section shall not apply to any automobile registered in the name of such person or to any automobile for which an application and fee for registration in the name of such person has been filed with the Department of Motor Vehicles as long as the automobile is not for sale or repairs or any other function of the auto dealer are not being performed on the automobile. 6-9.104 – Auto Repair Shops – Use of Public Street Prohibited (a) No person engaged in conducting or carrying on the business of an auto repair shop as defined by Section 6-9.102(b), shall repair, remodel, overhaul, recondition, or paint any automobile or other motor vehicle, or any parts thereof, in his/her possession or under his/her control, upon any public street or highway.
(b) No person engaged in conducting or carrying on the business of an auto repair shop as defined by Section 6-9.102(b), shall store, display, or park upon any street or highway, #5..
- 28 -
- 4 - ORDINANCE NO. 3751-C.S.

EFFECTIVE DATE: November 10, 2022
any automobile in his/her possession or under his/her control for the purposes of performing repairs, or which is inoperable, has any parts removed therefrom, or is in any way in the process of being painted.
(c) No person engaged in conducting or carrying on the business of an auto repair shop as defined by Section 6-9.102(b), shall store, display, or park upon a public street or highway any automobile in his/her possession or under his/her control unless otherwise authorized on a temporary basis by the City Manager or his or her designee. This Section shall not apply to the parking of any automobile registered in the name of such person or to any automobile for which an application and fee for registration in the name of such person has been filed with the Department of Motor Vehicles as long as the automobile is not for sale or repairs or any other function of the auto repair shop are not being performed on the automobile.
(d) The business of auto repair shall only be conducted at a location approved by the Planning Department and shall not be operated as a mobile business that goes house to house or building to building.
6-9.105 – Auto Wreckers – Use of Streets Prohibited
(a) No person engaged in conducting or carrying on the business of an auto wrecking shop as defined in Section 6-9.102(d), shall dismantle, wreck, or otherwise tear down any automobile, truck, or parts thereof, in his/her possession or under his/her control, upon any public street or highway.
(b) No person engaged in conducting or carrying on the business of an auto wrecking shop as defined in Section 6-9.102(d), shall store, display, or park for any such purposes any automobile in his/her possession or under his/her control, upon any public street or #5..
- 29 -
- 5 - ORDINANCE NO. 3751-C.S.

EFFECTIVE DATE: November 10, 2022
highway. This Section shall not apply to the parking of any automobile registered in the name of such person or to any automobile for which an application and fee for registration in the name of such person has been filed with the Department of Motor Vehicles as long as the automobile is not for sale or repairs or any other function of the auto wrecking business are not being performed on the automobile. 6-9.106 – Car Rental Agencies – Use of Streets Prohibited (a) No person engaged in conducting or carrying on the business of a car rental agency, as defined in Section 6-9.102(e), shall store, display, or park for such purposes any automobile in his/her possession or under his/her control upon any public street or highway.
(b) This Section shall not apply to any automobile registered in the name of such person or to any automobile for which an application and fee for registration in the name of such person has been filed with the California Department of Motor Vehicles, as long as the vehicle is not for rent or lease by the owner of the business. This Section shall not apply to any automobile rented or leased by an individual from a car rental agency.” 6-9.107- Enforcement and Administrative Remedies
Title 1, Chapter 6, of this Code established the administrative enforcement of remedies for violations of this Code and applicable State Codes. The general remedies include administrative abatement, summary abatement, civil penalties, administrative citations, recordation of notices of violation and mediation. The City may pursue any of these administrative remedies for violations of this Chapter and may also revoke any permit issued by the City.
#5..
- 30 -
- 6 - ORDINANCE NO. 3751-C.S.

EFFECTIVE DATE: November 10, 2022
SECTION 3. SEVERABILITY.

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

SECTION 4. EFFECTIVE DATE.

This Ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.

SECTION 5. PUBLICATION.

At least two (2) days prior to its final adoption, copies of this Ordinance shall be posted in at least three (3) prominent and distinct locations in the City; and a notice shall be published once in the Modesto Bee, the official newspaper of the City of Modesto, setting forth the title of this Ordinance, the date of its introduction and the places where this Ordinance is posted. #5..
- 31 -
- 7 - ORDINANCE NO. 3751-C.S.

EFFECTIVE DATE: November 10, 2022
The foregoing ordinance was introduced at a regular meeting of the Council of the City of Modesto held on the 4th day of October, 2022, by Councilmember Kenoyer , who moved its introduction and passage to print, which motion being duly seconded by Councilmember Wright, was upon roll call carried and ordered printed and published by the following vote:

AYES: Councilmembers: Escutia-Braaton, Kenoyer, Madrigal, Ricci, Wright, Mayor Zwahlen
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED: _____________________________
SUE ZWAHLEN, Mayor
ATTEST:

By: _________________________________
DIANE NAYERES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:

By: _________________________________
JOSE M. SANCHEZ, City Attorney
#5..
- 32 -
- 8 - ORDINANCE NO. 3751-C.S.

EFFECTIVE DATE: November 10, 2022

FINAL ADOPTION CLAUSE
The foregoing ordinance, having been published as required by the Charter of the City of Modesto, and coming on for final consideration at the regular meeting of the Council of the City of Modesto held on the 11th day of October, 2022, Councilmember ?? moved its final adoption, which motion being duly seconded by Councilmember ??, was upon roll call carried and the ordinance adopted by the following vote:

AYES: Councilmembers: Escutia-Braaton, Kenoyer, Madrigal, Ricci, Wright, Mayor Zwahlen
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED: ________________________

SUE ZWAHLEN, MAYOR
ATTEST: ___________________________________
DIANE NAYARES-PEREZ, City Clerk
Effective Date: November 10, 2022
5174392.1
#5..
- 33 -

CITY OF MODESTO
ORDINANCE NO. 3751-C.S.

The following Ordinance was introduced by the City Council of the City of Modesto at the meeting of October 4, 2022:

ORDINANCE AMENDING TITLE 6 OF THE MODESTO MUNICIPAL CODE, “BUSINESS, PROFESSIONS AND TRADES,” BY ADDING CHAPTER 9, “AUTOMOBILE BUSINESSES,” RELATED TO USE OF PUBLIC STREETS AND

HIGHWAYS BY AUTOMOBILE BUSINESSES
Copies of the above-mentioned ordinance are posted at the following locations:
 Tenth Street Place, 1010 10th Street
 Maddux Youth Center, 615 Sierra Drive
 Senior Citizen Center, 211 Bodem Street
Diane Nayares-Perez
City Clerk
#5..
- 34 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

October 11, 2022
Date: August 26, 2022
TO: Mayor & City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Diane Nayares-Perez, City Clerk
Jose M. Sanchez, City Attorney
SUBJECT: Amendments to the Conflict of Interest Code for the City of Modesto CONTACT: Dana Sanchez, Assistant City Clerk, [email protected], 209-577-5396

DESCRIPTION:

Consider approving the Amended Conflict of Interest Code for the City of Modesto. (Funding Source: Not Applicable)
STRATEGIC PLAN ELEMENT:

This item supports the City’s 2020-2025 Strategic Plan Goals to promote trust and engagement between the community and the City.

BACKGROUND:

The Political Reform Act requires every local governmental agency to adopt a Conflict of Interest Code. The Conflict of Interest Code designates positions within the City required to file Statements of Economic Interests and assigns disclosure categories specifying types of financial interests to be reported. Further, the Conflict of Interest Code contains specific provisions setting forth any circumstances under which designated positions or categories of designated positions must disqualify themselves from making, participating in the making, or using their official position to influence the making of decisions.

Under the Political Reform Act, local agencies are required to review their Conflict of Interest Code biennially to determine whether the Code is accurate, or if revisions are needed due to organizational changes, including the creation of new positions, elimination of positions, position title changes, and/or relevant changes of duties assigned to existing positions.

Since the adoption of the most recent Conflict of Interest Code, there have been several changes to the Position Allocations List. This year, the “Designated Positions” list (Exhibit A-1) has been updated to reflect those changes.
#6..
- 35 -
City Council, October 11, 2022
Conflict of Interest Code Amendments

Page 2 of 3 ends

The following City Departments are amending Appendix A (Designated Positions/Disclosure Categories) of the Modesto Conflict of Interest Code:
 City Manager
 Community & Economic Development Department
 Finance
 Fire
 Human Resources
 Police
 Public Works Department
 Utilities
The Disclosure Categories for all other City Departments will remain unchanged and are also attached.

The Modesto City Council is also the code reviewing body for local City Boards, Commissions and Committees whose jurisdictions are solely within the City of Modesto. Therefore, Council must adopt any amendments to the Conflict of Interest Codes for these boards, commissions, and committees. The Equity Commission is being added at this time. The Disclosure Categories for all other Boards, Commissions and Committees remain the same and are attached.

Conflict of Interest Codes are not required for City Council and Planning Commission members as they are mandated by State law to file full disclosure statements of economic interests directly with the Fair Political Practices Commission.

The Conflict of Interest Code shall be filed and maintained in the Office of the City Clerk of the City of Modesto, and all designated filers shall file the required statements of economic interests with the City Clerk.

FISCAL IMPACT:

There is no fiscal impact associated with this item.

COMMITTEE RECOMMENDATION:

This item was not presented to Council Committee.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the amended Conflict of Interest Code for the City of Modesto and rescinding Resolution No. 2020-362.

Approved by:

Diane Nayares-Perez, City Clerk

Jose M. Sanchez, City Attorney
Joseph P. Lopez, City Manager
#6..
- 36 -
City Council, October 11, 2022
Conflict of Interest Code Amendments

Page 3 of 3 ends

Attachments:

1. Resolution - 2022 City of Modesto Conflict of Interest Code Biennial Update

2. City of Modesto Department COI Code Exhibit A-1 (Clean)

3. City of Modesto Department COI Code Exhibit A-1 (Redlined)

4. City of Modesto Committee COI Code Exhibit A-2 (Clean)

5. City of Modesto Committee COI Code Exhibit A-2 (Redlined)

6. Disclosure Categories – Exhibit B Final (no changes) #6..
- 37 -
10/11/2022/Clerk/DNayares-Perez/Item 1 2022-

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-

RESOLUTION APPROVING THE AMENDED CONFLICT OF INTEREST
CODE FOR THE CITY OF MODESTO, AND RESCINDING RESOLUTION NO. 2020-362
WHEREAS, pursuant to Government Code Section 87300, every local agency must adopt a Conflict of Interest Code; and
WHEREAS, the City Clerk is authorized to maintain a current list of the City agencies/departments which have adopted a Conflict of Interest Code; and WHEREAS, the Political Reform act requires every local government agency to review its Conflict of Interest Code on a biennial basis to determine if it is accurate or, alternatively, the need for amendment; and
WHEREAS, pursuant to Government Code Section 82011, the Council is the Conflict of Interest Code reviewing body for agencies, boards, and commissions of the City of Modesto.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the amended 2022 Conflict of Interest Code for the City of Modesto.

BE IT FURTHER RESOLVED that Resolution No. 2020-362, adopted by the City Council is hereby rescinded.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 11th day of October, 2022, by Councilmember XX, who moved its adoption, which motion being duly seconded by Councilmember XX, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:
#6..
- 38 -
10/11/2022/Clerk/DNayares-Perez/Item 2 2022-
NOES: Councilmembers:

ABSENT: Councilmembers:

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

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
#6..
- 39 -
2022 Final
2022

OFFICE OF THE CITY ATTORNEY

CONFLICT OF INTEREST CODE
APPENDIX “A”
Designated Positions Disclosure Category
Chief Assistant City Attorney 1
City Attorney Statutory Filer
Deputy City Attorney I, II 1
Paralegal 1
Senior Deputy City Attorney 1
#6..
- 40 -
2022 Final
2022

OFFICE OF THE CITY CLERK

CONFLICT OF INTEREST CODE
APPENDIX "A"
Designated Positions Disclosure Category
Assistant City Clerk 1
City Clerk 1
Consultant 1
#6..
- 41 -
2022 Final
2022

OFFICE OF THE CITY MANAGER

CONFLICT OF INTEREST CODE
APPENDIX "A"
Designated Positions Disclosure Category
Budget Manager 1
City Manager Statutory Filer
Communication and Media Relations Officer 1
Consultant(s) 1
Deputy City Manager (2) 1
Financial Analyst I, II 1
Management Analyst 1
Public Relations and Legislative Affairs Manager 1
Senior Financial Analyst 1
#6..
- 42 -
2022 Final
2022

COMMUNITY & ECONOMIC DEVELOPMENT DEPARTMENT

CONFLICT OF INTEREST CODE
APPENDIX "A"
Designated Positions Disclosure Category
Administrative Analyst I, II 4
Administrative Services Technician I, II 4
Assistant Chief Building Official 4
Assistant City Engineer 4
Assistant Civil Engineer 4
Assistant Engineer 4
Assistant Planner 4
Associate Civil Engineer 4
Associate Engineer 4
Associate Planner 4
Associate Traffic Engineer 4
Building Inspection Supervisor 4
Building Inspector, I, II 4
Building Safety Program Coordinator 4
Business Analyst 4
Chief Building Official 4
City Engineer 4
Code Enforcement Officer, I, II 4
Community Development Manager 4
Community Development Program Specialist I/II 4
Consultant 4
Development Services Technician I, II 4
Director of Community & Economic Development 1
#6..
- 43 -
2022 Final
2022
Economic Development Manager 4
Economic Development Marketing Specialist 4
Engineering Assistant 1/II 4
Environmental Compliance Inspector I, II 4
Housing and Urban Development Supervisor 4
Housing Financial Specialist 4
Housing Rehabilitation Specialist I/II 4
IFP Supervisor 4
Neighborhood Preservation Unit Supervisor 4
Planning Manager 4
Plans Examiner 4
Principal Planner 4
Senior Building Inspector 4
Senior Business Analyst 4
Senior Civil Engineer 4
Senior Community Development Program Specialist 4
Senior Planner 4
#6..
- 44 -
2022 Final
2022

FINANCE DEPARTMENT

CONFLICT OF INTEREST CODE
APPENDIX "A"
Designated Employee Positions Disclosure Category
Accounting Manager 1
Assistant Buyer (Purchasing Division) 1
Buyer/Senior Buyer 1
Consultants 1
Director of Finance Statutory Filer
Parking Adjudication Program Coordinator 5
Purchasing Manager 1
Revenue Collections and Compliance Manager 1
Senior Financial Analyst 5
Senior Storekeeper 1
Storekeeper 1
Stores Supervisor 5
#6..
- 45 -
2022 Final
2022

FIRE DEPARTMENT

CONFLICT OF INTEREST CODE
APPENDIX "A"
Designated Positions Disclosure Category
Administrative Analyst 6
Apparatus Committee Members 6
Assistant Fire Chief 6
Consultant 6
Deputy Fire Marshal 6
Fire Battalion Chief 6
Fire Chief 1
Fire Deputy Chief – Business Operations 6
Fire Deputy Chief - Community Risk Reduction 6
Fire Deputy Chief - Operations 6
#6..
- 46 -
2022 Final
2022

HUMAN RESOURCES DEPARMENT

CONFLICT OF INTEREST CODE
APPENDIX "A"
Designated Positions Disclosure Category
Employee Relations Officer 9
Human Resources Director 1
Human Resources Manager 9
Organizational Development Coordinator 9
Risk Analyst I/II 9
Risk Manager 9
Safety Officer 9
#6..
- 47 -
2022 Final
2022

INFORMATION TECHNOLOGY DEPARTMENT

CONFLICT OF INTEREST CODE
APPENDIX "A"
Designated Positions Disclosure Category
Chief Information Officer 1
Information Technology Manager 7
Principal Information Technology Administrator 7
Senior Software Analyst 7
Senior Systems Engineer 7
#6..
- 48 -
2022 Final
2022

PARKS, RECREATION AND NEIGHBORHOODS DEPARTMENT

CONFLICT OF INTEREST CODE
APPENDIX "A"
Designated Positions Disclosure Category
Administrative Analyst II 8
Consultant 1
Cultural Services Manager 8
Director of Parks, Recreation and Neighborhoods 1
Events Coordinator 8
Operations Manager 8
Operations Supervisor 8
Parks Planning and Development Manager 8
Parks Project Coordinator 8
Recreation and Neighborhoods Services Manager 8
Recreation Supervisor 8
Senior Events Coordinator 8
#6..
- 49 -
2022 Final
2022

POLICE DEPARTMENT

CONFLICT OF INTEREST CODE
APPENDIX "A"
Designated Positions Disclosure Category
Assistant Police Chief 10
Chief of Police 1
Police Administrator 10
Police Captain 10
Police Civilian Manager 10
Police Lieutenant 10
Public Safety Business Services Analyst 10
#6..
- 50 -
2022 Final
2022

PUBLIC WORKS DEPARTMENT

CONFLICT OF INTEREST CODE
APPENDIX "A"
Designated Positions Disclosure Category
Administrative Analyst II 8
Airport Manager 1
Associate Engineer 8
Code Enforcement Officer I, II 1
Code Enforcement Supervisor 8
Compost Facility Supervisor 8
Consultant 1
Director of Public Works 1
Electrical Supervisor 8
Facilities Manager 1
Fleet Manager 8
Integrated Waste Program Manager 8
Materials Management Superintendent – City Arborist 8
Operations Manager – Streets/Airport/Fleet 1
Operations Supervisor 8
Parking Enforcement Officer 8
Parking Supervisor 8
Recycling Program Coordinator 8
Solid Waste Enforcement Officer 8
Streets Manager 8
Traffic Engineer 1
Traffic Operations Engineer 1
#6..
- 51 -
2022 Final
2022

UTILITIES DEPARTMENT

CONFLICT OF INTEREST CODE
APPENDIX "A"
Designated Positions Disclosure Category
Administrative Analyst I & II 8
Administrative Services Officer 8
Associate Engineer 8
Associate Civil Engineer 8
Associate Land Surveyor 8
Construction Inspector 8
Construction Inspector Supervisor 8
Consultant 1
Director of Utilities 1
Electrical Supervisor 8
Engineering Division Manager 1
Environmental Compliance Inspector II 8
Environmental & Regulatory Compliance Superintendent 1
Environmental Services Supervisor 8
Laboratory Supervisor 8
Plant Maintenance Superintendent 1
Plant Maintenance Supervisor 8
Property Agent 1
Senior Civil Engineer 1
Senior Construction Inspector 8
Sr. Land Surveyor 8
Utilities Plant Operations Supervisor 8
Utilities Services Supervisor 8
#6..
- 52 -
2022 Final
2022
Wastewater Collection System Superintendent 1
Wastewater Division Manager 1
Water Division Manager 1
Water Quality Control Plant Superintendent/Chief Plant Operator 1 Water Superintendent 1
#6..
- 53 -
2022 Redlines
2020
2022

OFFICE OF THE CITY ATTORNEY

OFFICE OF THE CITY CLERK

CONFLICT OF INTEREST CODE
APPENDIX "A"
Designated Positions Disclosure Category
Assistant City Clerk 1
City Clerk 1
Consultant 1
#6..
- 55 -
2022 Redlines
2020
2022

OFFICE OF THE CITY MANAGER

CONFLICT OF INTEREST CODE
APPENDIX "A"
Designated Positions Disclosure Category
Budget Manager 1
City Manager Statutory Filer
Community Communication and Media Relations Officer 1
Consultant(s) 1
Deputy City Manager (2) 1
Administrative Financial Analyst I, II 1
Management Analyst 1
Public Relations and Legislative Affairs Manager 1
Senior Financial Analyst 1
#6..
- 56 -
2022 Redlines
2020
2022

COMMUNITY & ECONOMIC DEVELOPMENT DEPARTMENT

CONFLICT OF INTEREST CODE
APPENDIX "A"
Designated Positions Disclosure Category
Administrative Analyst I, II 4
Administrative Services Technician I, II 4
Assistant Chief Building Official 4
Assistant City Engineer 4
Assistant Civil Engineer 4
Assistant Engineer 4
Assistant Planner 4
Associate Civil Engineer 4
Associate Engineer 4
Associate Planner 4
Associate Traffic Engineer 4
Building Inspection Supervisor 4
Building Inspector, I, II 4
Building Safety Program Coordinator 4
Business Analyst 4
Business Manager 4
Chief Building Official 4
City Engineer 4
Code Enforcement Officer, I, II 4
Community Development Manager 4
Community Development Program Specialist I/II 4
Consultant 4
Development Services Technician I, II 4
#6..
- 57 -
2022 Redlines
2020
2022
Director of Community & Economic Development 1
Economic Development Manager 4
Economic Development Marketing Specialist 4
Engineering Assistant 1/II 4
Environmental Compliance Inspector I, II 4
Housing and Urban Development Supervisor 4
Housing Financial Specialist 4
Housing Rehabilitation Specialist I/II 4
IFP Supervisor 4
Neighborhood Preservation Unit Supervisor 4
Planning Manager 4
Plans Examiner 4
Principal Planner 4
Senior Building Inspector 4
Senior Business Analyst 4
Senior Civil Engineer 4
Senior Community Development Program Specialist 4
Senior Planner 4
#6..
- 58 -
2022 Redlines
2020
2022

FINANCE DEPARTMENT

CONFLICT OF INTEREST CODE
APPENDIX "A"
Designated Employee Positions Disclosure Category
Principal Accountant 1
Accounting Manager 1
Assistant Buyer (Purchasing Division) 1
Buyer/Senior Buyer 1
Consultants 1
Customer Services Manager 1
Customer Services Supervisor (2) 5
Director of Finance Statutory Filer
Parking Adjudication Program Coordinator 5
Purchasing Manager 1
Revenue Collections and Compliance Manager 1
Senior Financial Analyst 5
Senior Storekeeper 1
Storekeeper 1
Stores Supervisor 5
#6..
- 59 -
2022 Redlines
2020
2022

FIRE DEPARTMENT

CONFLICT OF INTEREST CODE
APPENDIX "A"
Designated Positions Disclosure Category
Administrative Analyst 6
Apparatus Committee Members 6
Assistant Fire Chief 6
Consultant 6
Deputy Fire Marshal 6
Fire Battalion Chief 6
Fire Chief 1
Fire Division Deputy Chief - Fire Marshal
Community Risk Reduction 6
Fire Division Deputy Chief - Operations 6
Fire Division Deputy Chief -– Support
Business Operations 6
Senior Administrative Office Assistant 6
#6..
- 60 -
2022 Redlines
2020
2022

HUMAN RESOURCES DEPARMENT

CONFLICT OF INTEREST CODE
APPENDIX "A"
Designated Positions Disclosure Category
Consultant 1
Employee Relations Officer 9
Human Resources Director 1
Human Resources Manager 9
Organizational Development Coordinator 9
Risk Analyst I/II 9
Risk Manager 9
Safety Officer 9
#6..
- 61 -
2022 Redlines
2020
2022

INFORMATION TECHNOLOGY DEPARTMENT

PARKS, RECREATION AND NEIGHBORHOODS DEPARTMENT

POLICE DEPARTMENT

PUBLIC WORKS DEPARTMENT

UTILITIES DEPARTMENT

CONFLICT OF INTEREST CODE
APPENDIX "A"
Designated Positions Disclosure Category
Administrative Analyst I & II 8
Administrative Services Officer 8
Associate Engineer 8
Associate Civil Engineer 8
Associate Land Surveyor 8
Construction Inspector 8
Construction Inspector Supervisor 8
Consultant 1
Director of Utilities 1
Electrical Supervisor 8
Engineering Division Manager 1
Environmental Compliance Inspector II 8
Environmental & Regulatory Compliance Superintendent 1
Environmental Services Supervisor 8
Laboratory Supervisor 8
Plant Maintenance Superintendent 8
Plant Maintenance Superintendent 1
Plant Maintenance Supervisor 8
Property Agent 1
Senior Civil Engineer 1
Senior Construction Inspector 8
Sr. Land Surveyor 8
Utilities Plant Operations Supervisor 8
#6..
- 66 -
2022 Redlines
2020
2022
Utilities Services Supervisor 8
Wastewater Collection System Superintendent 1
Wastewater Division Manager 1
Water Division Manager 1
Water Quality Control Plant Superintendent/Chief Plant Operator 1 Water Superintendent 1
#6..
- 67 -
2022

CONFLICT OF INTEREST CODE
OF THE

BOARD OF BUILDING APPEALS

OF THE CITY OF MODESTO
The Political Reform Act (Government Code Section 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regs. 18730) which contains the terms of a standard conflict of interest code. After public notice and hearing it may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendix designating officials and employees and establishing disclosure categories, shall constitute the conflict-of-interest code of the Board of Building Appeals.

Designated employees and officials shall file their statements with the Office of the City Clerk which will make the statements available for public inspection and reproduction. (Gov. Code Section 81008). Statements for all designated officials will be retained by the Office of the City Clerk. #6..
- 68 -
2022

BOARD OF BUILDING APPEALS

CONFLICT OF INTEREST CODE
APPENDIX “A”
Designated Positions Disclosure Category
Chairperson, All Board Members 1
Consultant 1
#6..
- 69 -
2022

BOARD OF BUILDING APPEALS

CONFLICT OF INTEREST CODE
EXHIBIT “B”
Disclosure Categories
An investment, interest in real property, or income is reportable if the business entity in which the investment is held, the interest in real property, or the income, or source of income may foreseeably be affected materially by any decision made or participated in by the designated official by virtue of his or her position.

CONFLICT OF INTEREST CODE
OF THE

BOARD OF ZONING ADJUSTMENTS
The Political Reform Act (Government Code Section 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regs. 18730) which contains the terms of a standard conflict of interest code. After public notice and hearing it may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendix designating officials and employees and establishing disclosure categories, shall constitute the conflict-of-interest code of the Board of Zoning Adjustments.

BOARD OF ZONING ADJUSTMENT

CONFLICT OF INTEREST CODE
APPENDIX “A”
Designated Positions Disclosure Category
Chairperson, All Board Members 1
Consultant 1
#6..
- 72 -
2022

BOARD OF ZONING ADJUSTMENT

CONFLICT OF INTEREST CODE
OF THE

CITIZENS HOUSING AND COMMUNITY DEVELOPMENT COMMITTEE
The Political Reform Act (Government Code Section 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regs. 18730) which contains the terms of a standard conflict of interest code. After public notice and hearing it may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendix designating officials and employees and establishing disclosure categories, shall constitute the conflict-of-interest code of the Citizens Housing and Community Development Committee.

CITIZENS HOUSING AND COMMUNITY DEVELOPMENT COMMITTEE

CONFLICT OF INTEREST CODE
APPENDIX “A”
Designated Positions Disclosure Category
Chairperson, All Committee Members 1
Consultant 1
#6..
- 75 -
2022

CITIZENS HOUSING AND COMMUNITY DEVELOPMENT COMMITTEE

CONFLICT OF INTEREST CODE
OF THE
CITIZENS’ SALARY SETTING COMMISSION

CONFLICT OF INTEREST CODE
APPENDIX “A”
Designated Positions Disclosure Category
Chairperson, All Board Members 1
Consultant 1
#6..
- 78 -
2022
CITIZENS’ SALARY SETTING COMMISSION

CONFLICT OF INTEREST CODE
OF THE
CITIZENS’ TRANSPORTATION SALES TAX COMMISSION

CONFLICT OF INTEREST CODE
APPENDIX “A”
Designated Positions Disclosure Category
Chairperson, All Board Members 1
Consultant 1
#6..
- 81 -
2022
CITIZENS’ TRANSPORTATION SALES TAX COMMISSION

CONFLICT OF INTEREST CODE
OF THE

DISABLED ACCESS APPEALS BOARD
The Political Reform Act (Government Code Section 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regs. 18730) which contains the terms of a standard conflict of interest code. After public notice and hearing it may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendix designating officials and employees and establishing disclosure categories, shall constitute the conflict-of-interest code of the Disabled Access Appeals Board.

DISABLED ACCESS APPEALS BOARD

CONFLICT OF INTEREST CODE
APPENDIX “A”
Designated Positions Disclosure Category
Chairperson, All Board Members 1
Consultant 1
#6..
- 84 -
2022

DISABLED ACCESS APPEALS BOARD

CONFLICT OF INTEREST CODE
OF THE

DISTRICTING COMMISSION

CONFLICT OF INTEREST CODE
APPENDIX “A”
Designated Positions Disclosure Category
Chairperson, All Board Members 1
Consultant 1
#6..
- 87 -
2022

DISTRICTING COMMISSION

CONFLICT OF INTEREST CODE
OF THE

ENTERTAINMENT COMMISSION

CONFLICT OF INTEREST CODE
APPENDIX “A”
Designated Positions Disclosure Category
Chairperson, All Committee Members 1
Consultant 1
#6..
- 90 -
2022

ENTERTAINMENT COMMISSION

CONFLICT OF INTEREST CODE
OF THE

EQUITY COMMISSION

CONFLICT OF INTEREST CODE
APPENDIX “A”
Designated Positions Disclosure Category
Chairperson, All Board Members 1
Consultant 1
#6..
- 93 -
2022

EQUITY COMMISSION

CONFLICT OF INTEREST CODE
OF THE

HOUSING REHABILITATION LOAN COMMITTEE

CONFLICT OF INTEREST CODE
APPENDIX “A”
Designated Positions Disclosure Category
Chairperson, All Committee Members 1
Consultant 1
#6..
- 96 -
2022

HOUSING REHABILITATION LOAN COMMITTEE

CONFLICT OF INTEREST CODE
OF THE

LANDMARK PRESERVATION COMMISSION

CONFLICT OF INTEREST CODE
APPENDIX “A”
Designated Positions Disclosure Category
Chairperson, All Committee Members 1
Consultant 1
#6..
- 99 -
2022

LANDMARK PRESERVATION COMMISSION

CONFLICT OF INTEREST CODE
OF THE

BOARD OF BUILDING APPEALS

CONFLICT OF INTEREST CODE
APPENDIX "A"
Designated Positions Disclosure Category
Chairperson, All Board Members 1
Consultant 1
#6..
- 102 -
2022

BOARD OF BUILDING APPEALS

CONFLICT OF INTEREST CODE
EXHIBIT "B"
Disclosure Categories
An investment, interest in real property, or income is reportable if the business entity in which the investment is held, the interest in real property, or the income, or source of income may foreseeably be affected materially by any decision made or participated in by the designated official by virtue of his or her position.

CONFLICT OF INTEREST CODE
OF THE

BOARD OF ZONING ADJUSTMENT
The Political Reform Act (Government Code Section 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regs. 18730) that contains the terms of a standard conflict of interest code. After public notice and hearing it may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendix designating officials and employees and establishing disclosure categories, shall constitute the conflict-of-interest code of the Board of Zoning Adjustment.

Designated employees and officials shall file their statements with the Office of the City Clerk who will make the statements available for public inspection and reproduction. (Gov. Code Section 81008). Statements for all designated officials will be retained by the Office of the City Clerk. #6..
- 104 -
2022

BOARD OF ZONING ADJUSTMENT

CONFLICT OF INTEREST CODE
APPENDIX "A"
Designated Positions Disclosure Category
Chairperson, All Board Members 1
Consultant 1
#6..
- 105 -
2022

BOARD OF ZONING ADJUSTMENT

CONFLICT OF INTEREST CODE
OF THE

CITIZENS HOUSING AND COMMUNITY DEVELOPMENT COMMITTEE

CONFLICT OF INTEREST CODE
APPENDIX "A"
Designated Positions Disclosure Category
Chairperson, All Committee Members 1
Consultant 1
#6..
- 108 -
2022

CITIZENS HOUSING AND COMMUNITY DEVELOPMENT COMMITTEE

CONFLICT OF INTEREST CODE
OF THE
CITIZENS’ SALARY SETTING COMMISSION

OF THE CITY OF MODESTO
The Political Reform Act (Government Code Section 8100, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regs.18730) which contains the terms of a standard conflict of interest code. After public notice and hearing it may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendix designating officials and employees and establishing disclosure categories, shall constitute the conflict-of-interest code of the Citizens’ Salary Setting Commission.

Designated employees/members shall file their statements with the Office of the City Clerk which will make the statements available for public inspection and reproduction. (Gov. Code Section 81008). Statements for all designated employees/members will be retained by the Office of the City Clerk. #6..
- 110 -
2022
CITIZENS’ SALARY SETTING COMMISSION

CONFLICT OF INTEREST CODE
APPENDIX "A"
Designated Positions Disclosure Category
Chairperson, All Board Members 1
Consultant 1
#6..
- 111 -
2022
CITIZENS’ SALARY SETTING COMMISSION

Group 1: Designated employees in this group shall report all business positions, all investments, interests in real property, income, loans or gifts from individuals or businesses - Schedules A, B, C, D, E and F - from all sources located in or doing business within the jurisdiction. (Real property shall be deemed to be "within the jurisdiction" if the property or any part of it is located within or not more than two miles outside the boundaries of the city or within two miles of any land owned or used by the City.) A consultant designated under this category is required to file their economic disclosure form with the Clerk at the beginning and at the end of their contract term.
#6..
- 112 -
2022

CONFLICT OF INTEREST CODE
OF THE
CITIZENS’ TRANSPORTATION SALES TAX COMMISSION

OF THE CITY OF MODESTO
The Political Reform Act (Government Code Section 8100, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regs. 18730) which contains the terms of a standard conflict of interest code. After public notice and hearing it may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendix designating officials and employees and establishing disclosure categories, shall constitute the conflict-of-interest code of the Citizens’ Transportation Sales Tax Commission.

CONFLICT OF INTEREST CODE
APPENDIX "A"
Designated Positions Disclosure Category
Chairperson, All Board Members 1
Consultant 1
#6..
- 114 -
2022
CITIZENS’ TRANSPORTATION SALES TAX COMMISSION

CONFLICT OF INTEREST CODE
OF THE

DISABLED ACCESS APPEALS BOARD

CONFLICT OF INTEREST CODE
APPENDIX "A"
Designated Positions Disclosure Category
Chairperson, All Board Members 1
Consultant 1
#6..
- 117 -
2022

DISABLED ACCESS APPEALS BOARD

CONFLICT OF INTEREST CODE
OF THE

DISTRICTING COMMISSION

OF THE CITY OF MODESTO
The Political Reform Act (Government Code Section 8100, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regs. 18730) which contains the terms of a standard conflict of interest code. After public notice and hearing it may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendix designating officials and employees and establishing disclosure categories, shall constitute the conflict-of-interest code of the Districting Commission.

DISTRICTING COMMISSION

CONFLICT OF INTEREST CODE
APPENDIX "A"
Designated Positions Disclosure Category
Chairperson, All Board Members 1
Consultant 1
#6..
- 120 -
2022

DISTRICTING COMMISSION

CONFLICT OF INTEREST CODE
OF THE

ENTERTAINMENT COMMISSION

Designated employees shall file their statements with the Office of the City Clerk which will make the statements available for public inspection and reproduction. (Gov. Code Section 81008). Statements for all designated employees will be retained by the Office of the City Clerk. #6..
- 122 -
2022

ENTERTAINMENT COMMISSION

CONFLICT OF INTEREST CODE
APPENDIX "A"
Designated Positions Disclosure Category
Chairperson, All Committee Members 1
Consultant 1
#6..
- 123 -
2022

ENTERTAINMENT COMMISSION

CONFLICT OF INTEREST CODE
OF THE

EQUITY COMMISSION

CONFLICT OF INTEREST CODE
APPENDIX "A"
Designated Positions Disclosure Category
Chairperson, All Board Members 1
Consultant 1
#6..
- 126 -
2022

EQUITY COMMISSION

CONFLICT OF INTEREST CODE
OF THE

HOUSING REHABILITATION LOAN COMMITTEE

CONFLICT OF INTEREST CODE
APPENDIX "A"
Designated Positions Disclosure Category
Chairperson, All Committee Members 1
Consultant 1
#6..
- 129 -
2022

HOUSING REHABILITATION LOAN COMMITTEE

CONFLICT OF INTEREST CODE
OF THE

LANDMARK PRESERVATION COMMISSION

CONFLICT OF INTEREST CODE
APPENDIX "A"
Designated Positions Disclosure Category
Chairperson, All Committee Members 1
Consultant 1
#6..
- 132 -
2022

LANDMARK PRESERVATION COMMISSION

Group 1: Individuals in this group shall report all business positions, all investments, interests in real property, income, loans or gifts from individuals or businesses - Schedules A, B, C, D, E and F - from all sources located in or doing business within the jurisdiction. (Real property shall be deemed to be "within the jurisdiction" if the property or any part of it is located within or not more than two miles outside the boundaries of the city or within two miles of any land owned or used by the City.) A consultant designated under this category is required to file their economic disclosure form with the Clerk at the beginning and at the end of their contract term.
#6..
- 133 -
2022
City of Modesto
Disclosure Categories
Appendix “B”
Group 1: Designated employees in this group shall report all business positions, all investments, interests in real property, income, loans or gifts from individuals or businesses from all sources located in or doing business within the jurisdiction. (Real property shall be deemed to be "within the jurisdiction" if the property or any part of it is located within or not more than two miles outside the boundaries of the city or within two miles of any land owned or used by the City.) FULL DISCLOSURE* Group 2: Designated employees in this group shall report all business positions, all investments, income, loans or gifts from individuals or businesses from business entities located in or doing business within the jurisdiction. FULL DISCLOSURE W/OUT

PROPERTY
Group 3: Designated employees in this group shall report interests in real property located within the jurisdiction or within two miles of the boundaries or the jurisdiction or within two miles of any land owned or used by the agency. PROPERTY ONLY Group 4: Designated employees in this group shall report interest in real property, investments and business positions in business entities and income, including loans, gifts, and travel payments, from sources which engage in land development, construction, or the acquisition or sale of real property. (Real property shall be deemed to be "within the jurisdiction" if the property or any part of it is located within or not more than two miles outside the boundaries of the city or within two miles of any land owned or used by the City.) COMMUNITY & ECONOMIC DEVELOPMENT
Group 5: Designated employees in this group shall report investments and business positions in business entities and income, including loans, gifts, and travel payments, from sources which manufacture, sell or design data processing equipment or related services of the type used by the designated employee’s department or division.

FINANCE
Group 6: Designated employees in this group shall report investments and business positions in business entities, and income, including loans, gifts, and travel payments, from sources which manufacture or sell fire-related equipment or parts of the type used by the designated employee’s department or division. FIRE Group 7: Designated employees in this group shall report investments and business positions in business entities and income, including loans, gifts, and travel payments, from sources which manufacture, sell or design data processing equipment or related services of the type used by the designated employee’s department or division.

INFORMATION TECHNOLOGY
#6..
- 134 -
2022
Group 8: Designated employees in this group shall report investments and business positions in business entities, and income, including loans, gifts, and travel payments, from sources within the jurisdiction which manufacture, sell, or supply equipment, including but not limited to horticulture, construction, craft, office and safety supplies and/or equipment of the type used by the designated employee’s department or division.

PARKS RECREATION & NEIGHBORHOODS / PUBLIC WORKS / UTILITIES

DEPARTMENTS
Group 9: Designated employees in this group shall report investments and business positions in business entities, and income, including loans, gifts, and travel payments, from sources which are involved in healthcare or vocational rehabilitation of the type used by the designated employee’s department or division. HUMAN RESOURCES Group 10: Designated employees in this group shall report investments and business positions in business entities, and income, including loans, gifts, and travel payments, from sources which sell, manufacture, or distribute equipment and supplies for office, personnel or vehicles of the type used by the designated employee’s department or division. POLICE
*Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest category in the code (Group 1) subject to the following limitation:
*The City Manager, or his or her designee, may determine in writing that a particular consultant, although a “designated position” is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant’s duties and based upon the description, a statement of the extent of disclosure requirements. The City Manager’s, or his or her designee, determination is a public record and shall be retained for public inspection in the same manner and location as this conflict-of-interest code.

Statutory Required Filers:

The following positions are not covered by this conflict-of-interest code because those individuals holding these positions must file under Government Code Section 87200 and, therefore, are listed for informational purposes only:
 Mayor
 Council Members
 City Manager
 City Attorney
 Planning Commissioners
 Treasurer/Finance Director
#6..
- 135 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

October 11, 2022
Date: September 30, 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.
#7..
- 136 -
City Council, October 11, 2022
Assembly Bill 361-Continued Remote Teleconference Meetings

Page 2 of 3 ends

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 wear a mask in any indoor public place, along with other recommendations that promote social distancing in indoor spaces. These measures can be found here: http://schsa.org/coronavirus/guidances/face-coverings/.

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 #7..
- 137 -
City Council, October 11, 2022
Assembly Bill 361-Continued Remote Teleconference Meetings

Page 3 of 3 ends

Approved by:

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

1. Resolution

2. Assembly Bill 361
#7..
- 138 -

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
#7..
- 139 -
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 #7..
- 140 -
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 wear a mask while in “any indoor public space” along with other recommendations intended to promote social distancing measures; 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.
#7..
- 141 -
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 11th day of October 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
#7..
- 142 -
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

92 #7..
- 143 -
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 —
#7..
- 144 -
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
#7..
- 145 -
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 —
#7..
- 146 -
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
#7..
- 147 -
(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 —
#7..
- 148 -
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
#7..
- 149 -
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 —
#7..
- 150 -
(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
#7..
- 151 -
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 —
#7..
- 152 -
(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
#7..
- 153 -
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 —
#7..
- 154 -

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
#7..
- 155 -
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 —
#7..
- 156 -
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
#7..
- 157 -
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 —
#7..
- 158 -
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
#7..
- 159 -
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 —
#7..
- 160 -
(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
#7..
- 161 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

October 11, 2022
Date: September 21, 2022
TO: Mayor and City Council
FROM: Joseph P. Lopez, City Manager
SUBJECT: Monthly Budget Adjustment Report – September 2022 CONTACT: Steve Christensen, Budget Manager, [email protected] 209-577-5390
DESCRIPTION:

Consider approving the recommended budget adjustments to Fiscal Year 2022-23 Annual Operating and Capital Improvement Program Budgets. (Funding Source: Various Funds)
STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

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

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

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

DISCUSSION:

The monthly budget adjustments attached as Exhibit A in this item include adjustments across various departments. These adjustments are explained in further detail within Exhibit A. #8..
- 162 -
City Council, October 11, 2022
Monthly Budget Adjustment Report – September 2022

Page 2 of 2 ends

FISCAL IMPACT:

The fiscal impact of each item is noted in the attachments to this report. The adjustments are for Fiscal Year 2022-23.

COMMITTEE RECOMMENDATION:

This item was presented to the Finance Committee on September 26, 2022 and was recommended to be forwarded to Council for approval. It must be noted that since the recommendation of the Finance Committee, one item has been added to due to the timing of grant funding and the need for a budget appropriation for the CALFIRE Urban and Community Forestry California Climate Investments (CCI) Grant program. The additional item is listed below and has been added under the Public Works Department in Exhibit A.  A budget adjustment in the amount of $557,420 is needed to appropriate revenue and expenses related to the CALFIRE Urban and Community Forestry California Climate Investments (CCI) Grant Program as well as additional Modesto in-kind expenses in the amount of $186,033 (Fund 1341, Project 101440). The grant was approved by Council on April 12th, 2022 via Resolution 2022-185 and this adjustment will ensure the budget appropriation is in place to expend the funds.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution amending Fiscal Year 2022-23 Annual Operating and Capital Improvement Project Fund Budgets and authorizing the City Manager, to make the necessary steps to implement the provisions of this resolution.

Approved by:

Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Exhibit A – Budget Adjustments Requiring Council Approval

3. Exhibit B - Staff Approved Budget Adjustments
#8..
- 163 -
1 MODESTO CITY COUNCIL
RESOLUTION NO. 2022-
RESOLUTION AMENDING THE FISCAL YEAR 2022-23 ANNUAL

OPERATING AND CAPITAL IMPROVEMENT FUND BUDGETS AND

AUTHORIZING THE CITY MANAGER, TO MAKE THE NECESSARY

STEPS TO IMPLEMENT THE PROVISIONS OF THIS RESOLUTION
WHEREAS, a financial analysis has been completed and it has been determined that a budget adjustment is required to the Annual and Capital Improvement Budgets of the City of Modesto for Fiscal Year 2022-23.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves amending the Fiscal Year 2022-23 Annual Operating and Capital Improvement budget as shown in Exhibit A, which is attached hereto and incorporated by reference herein.

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

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 11th day of October 2022, by Councilmember _________, who moved its adoption, which motion being duly seconded by Councilmember ______, was upon roll call carried and the resolution adopted by the following votes:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: ________________________________

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

BY: _____________________________________
JOSE M. SANCHEZ, City Attorney
#8..
- 164 -
City Council, October 11, 2022
Monthly Budget Adjustment Report
FISCAL YEAR 2022-23

COMMUNITY AND ECONOMIC DEVELOPMENT
 A budget adjustment in the amount of $100,000 necessary in the Capital Grants – Streets CIP Projects Fund 3160 for Project 101269 – Pelandale Ave. Rehabilitation. The project was recently approved for an Amendment Modification Summary E-76 by the Department of Transportation (CalTrans) on August 22, 2022 which awarded additional funding. As a result, the projects revenue and expense budget are being increased.

There are no local match funds for the project.
 A budget adjustment in the amount of $2,814,603 necessary in the Capital Grants – Streets CIP Projects Fund 3160 for Project 101271 – Briggsmore/SR-99 Interchange.

The project was recently approved for an Amendment Modification Summary E-76 by the Department of Transportation (CalTrans) on May 24, 2022 and then again on August 11, 2022 which awarded additional funding. As a result, the projects revenue and expense budget are being increased. The project is also funded with Regional Measure L funds.
 A budget adjustment in the amount of $1,200,000 necessary in the Capital Grants – Streets CIP Projects Fund 3160 for Project 101063 – Pelandale Ave. Interchange – Phase 2. The project was recently approved for an Amendment Modification Summary E-76 by the Department of Transportation (CalTrans) on September 8, 2022 which awarded additional funding. As a result, the projects revenue and expense budget are being increased. The project is also funded with State Improvement Program grant funds and local Streets Capital Facility Fee funds.

COMMUNITY AND ECONOMIC DEVELOPMENT – MEASURE L
 A budget adjustment is necessary to allocate higher than anticipated revenues to various Measure L projects. The total amount of the adjustment is $5,917,140. Each project will have an increase in the transfer out from Fund 1410 – Measure L Local Road Tax to the project and an increase to the projects discretionary expense accounts. Below is the adjustment to each project.

Project
Number
Project Name Amount for
Adjustment
Local Streets and Roads Category
101042 Paradise Road ATP III $2,000,000
101157 Tuolumne Blvd. Pavement Rehab $2,502,283
Traffic Management Category
101157 Tuolumne Blvd. Pavement Rehab $1,023,610
101066 New Signal Oakdale/Claratina $110,000
Bike and Pedestrian Category
101042 Paradise Road ATP III $281,247
Total Increase to Projects $5,917,140
Total Transfer Out from Fund 1410 $5,917,140
#8..
- 165 -
City Council, October 11, 2022
Monthly Budget Adjustment Report

Page 2 of 4 ends

INFORMATION TECHNOLOGY
 A budget adjustment in the amount of $65,913 is needed in the Public Educational Government (PEG) Fund 1321 for the City’s portion of the 10th Street Place Closed Captioning Upgrade Project. The project is being equally funded by the City and Stanislaus County and was approved by the 10th Street Place Joint Powers Agency Commission on August 29, 2022 with a total project amount of $131,825. The increase in budget will be covered by the current Fund 1321 reserves.

PUBLIC WORKS
 A budget adjustment in the amount of $1,178,420 is necessary in the Capital Grants – Streets CIP Projects Fund 3160 for Project 101186 – Upgrade Traffic Signals 2019. The project was recently approved for an Amendment Modification Summary E-76 by the Department of Transportation (CalTrans) on August 18, 2022 which awarded additional funding. As a result, the projects revenue and expense budget are being increased.

There are no local match funds for the project.
 A budget adjustment in the amount of $150,000 necessary in the Capital Grants – Streets CIP Projects Fund 3160 for Project 101066 – New Signal Oakdale/Claratina. The project was recently approved for an Amendment Modification Summary E-76 by the Department of Transportation (CalTrans) on August 24, 2022 which awarded additional funding. As a result, the projects revenue and expense budget are being increased. The project is also funded with Local Measure L funds.
 A budget adjustment in the amount of $769,000 is needed in the Surface Transportation Fund (1700) to increase the Upgrade High Voltage FY 20/21 Project (101304) expense budget. Additionally, a transfer out from the Gas Tax Fund (1730) to the project is needed in the amount of $769,000. This project will continue to upgrade the High Voltage Circuits within the City. City Council per resolution 2019-91 recommended the approach to replace 150 high voltage street lights each year at an estimated cost of $1,000,000. This adjustment is accounting for the anticipated replacement expenses for high voltage for fiscal year 2022-2023 which was not included as part of budget adoption. If the additional $231,000 is needed, staff will bring back another request to Council to amend the budget.
 A budget adjustment in the amount of $240,000 is necessary in the Capital Grants – Streets CIP Projects Fund 3160 for Project 100968 – Upgrade Traffic Signals 2017. The project was recently approved for an Amendment Modification Summary E-76 by the Department of Transportation (CalTrans) on September 1, 2022 which awarded additional funding. As a result, the projects revenue and expense budget are being increased. There are no local match funds for the project.  A budget adjustment in the amount of $557,420 is needed to appropriate revenue and expenses related to the CALFIRE Urban and Community Forestry California Climate Investments (CCI) Grant Program as well as additional Modesto in-kind expenses in the amount of $186,033 (Fund 1341, Project 101440). The grant was approved by Council on April 12th, 2022 via resolution 2022-185 and this adjustment will ensure the budget appropriation is in place to expend the funds.
#8..
- 166 -
City Council, October 11, 2022
Monthly Budget Adjustment Report

Page 3 of 4 ends

 A budget adjustment in the amount of $1,854,073 is necessary in the Compost SB 1383 CIP Fund 4896. Senate Bill (SB) 1383 requires that waste management jurisdictions enact and enforce a series of processes and programs designed to limit organic waste to landfill. Due to collection, sorting, and program changes, the City's Compost Facility becomes a critical part of local waste management, providing a destination for organic waste diverted from land fill and a means for Modesto to meet diversion and procurement targets set by CalRecycle. The City's Compost Facility is not currently capable of meeting the demands of more organic waste and the requirement of no more than 1% contamination. Equipment upgrades and replacements and facility improvements are needed to comply with SB1383.

Under Resolution 2022-276 City Council approved a $1.70 fee monthly on residential solid waste accounts and $3.08 monthly based on yardage and frequency of service on commercial accounts. This fee accounts for an anticipated $1,211,005 revenue from residential accounts and $643,068 from commercial accounts, for a total of $1,854,073. in FY22/23 the Compost Facility will hire a consultant to provide a feasibility study, which will evaluate the needs for facility, especially in regards to regulations, equipment, general facility improvements, and planning for short-and long-term growth. Following recommendations from the feasibility study, an engineering consultant will be hired to work on the suggested improvements. Based on similar compost capital improvement projects, the anticipated cost is $25 million, with $1.5 million in equipment purchases and consulting allocated this fiscal year. These account for the allocations to Professional Services and Tools and Equipment accounts.
 A budget adjustment in the amount of $1,144,671 is necessary to increase the budget for increased revenue and to budget additional expenses for programs required under SB 1383. Senate Bill (SB) 1383 requires that waste management jurisdictions enact and enforce a series of processes and programs designed to limit organic waste to landfill.

These include:
•Collection and sorting methodology that divert organic waste and recyclable material from landfill
•Inspections and enforcement of waste containers and sorting •Food recovery programs and monitoring
•Outreach and education on SB1383, associated waste management changes, and new programs or requirements
An SB 1383 implementation fee was added to the City of Modesto's solid waste collection rate under Resolution2022 276 for $1.05 monthly on residential accounts and $1.90 monthly based on yardage and frequency of service on commercial accounts. This fee accounts for an anticipated $747,974 revenue from residential accounts and $396,697 from commercial accounts. This total additional revenue, $1,144,671, will fund the above programs and processes.

The accounts on the table will have additional expenses for the programs required under SB 1383:
#8..
- 167 -
City Council, October 11, 2022
Monthly Budget Adjustment Report

Page 4 of 4 ends

Account String Account Name
Adjustment
Amount Justification/Description
4891-56010-51040 Salaries and Wages - Part-time $30,000 2 MW to conduct
inspections
4891-56010-51200 Overtime $7,000
Public Ed/Outreach
programs in evenings
and weekends
4891-56010-52010 Office Supplies $6,500
Increased cost of
recycled office supplies,
increased code
enforcement notices,
install new work stations
for additional employees
and fellows
4891-56010-52160 Personal Protection Equipment $2,000
PPE for new employees
and fellows
4891-56010-52300 Tools and Field Supplies <$5,000 $1,700 Boots and field supplies
for new employees and
fellows
4891-56010-53025 Training Expenses $400
Training for new
employees
4891-56010-53030 Business Expenses $15,000
Mileage expenses for 4
fellows to conduct
ed/outreach programs
4891-56010-53047 Phone Expenses $300
Office phones for new
employees and fellows
4891-56010-53048 Cell Phone Utility Expenses $2,400
Cell phones and/or
mobile hotspots for new
employees and fellows
4891-56010-53170 Laundry and Cleaning $800 Uniforms for 2 MWs 4891-56010-53175 Advertising $85,000
Public Ed/Outreach
campaign for new
containers, collection/sorting, food
recovery, enforcement
programs
4891-56010-53176 Promotion Expense $80,000
Outreach material,
including small kitchen
scrap buckets for
compost
4891-56010-53300 Professional Services $155,000
Forms, brochures, printing for compliance
programs, including bill
inserts, magnets with
collection calendars;
creation of outreach
campaigns, including
#8..
- 168 -
Department Director/Budget Manager/City Manager Approved Budget Adjustments EXHIBIT B For FY2021/22
AT #
Appro
ved by
CM,
BM or
DD Fund Fund Name Cost Ctr/Project Name Account Name
Rev/E
xp/TI/
TO
Acco
unt Current Budget
Increase
(Decrease)
Revised
Budget Description
AT-234 DD 0100 General Fund 04010 - City Attorney's
Office
Budget Only - Salary Adjustment
- Decrease Exp $ (223,818) (31,980) $ $ (255,798)
AT-234 DD 0100 General Fund 04010 - City Attorney's
Office
Budget Only - Benefit
Adjustment - Decrease Exp $ (53,763) (8,849) $ $ (62,612) AT-234 DD 0100 General Fund 04010 - City Attorney's
Office
Budget Only - Discretionary
Adjustment Exp $ 277,581 40,829 $ $ 318,410
AT-240 DD 0100 General Fund CCM - City Council of
Modesto
Budget Only - Salary Adjustment
- Decrease Exp $ - (11,857) $ $ (11,857)
AT-240 DD 0100 General Fund CCM - City Council of
Modesto
Budget Only - Benefit
Adjustment - Decrease Exp $ - (904) $ $ (904)
AT-240 DD 0100 General Fund CAO - City Attorneys Office Professional Services Exp $ - 12,761 $ $ 12,761 AT-242 BM 0100 General Fund 35220 - Parks Operations
Services Admin
Budget Only - Salary Adjustment
- Decrease Exp $ - (8,310) $ $ (8,310)
AT-242 BM 0100 General Fund 35220 - Parks Operations
Services Admin
Budget Only - Benefit
Adjustment - Decrease Exp $ - (5,541) $ $ (5,541)
AT-242 BM 0100 General Fund 35170 - Parks Graffiti
Abatement
Tools and Field Supplies
<$5,000 Exp $ 9,999 7,884 $ $ 17,883
AT-242 BM 0100 General Fund 35220 - Parks Operations
Services Admin Temporary Employee Services Exp $ 20,000 5,967 $ $ 25,967 AT-246 DD 0100 General Fund PRN - Recreation
Operations Professional Services Exp $ 22,449 (21,801) $ $ 648 AT-246 DD 0100 General Fund PRN - Event Services -
John Thurman Water Utility Expenses Exp $ 27,168 21,801 $ $ 48,969 AT-253 CM 0100 General Fund 19320 - MPD Field Ops Budget Only - Salary Adjustment - Decrease Exp $ (684,928) (870,479) $ $ (1,555,407)
AT-253 CM 0100 General Fund 19320 - MPD Field Ops Budget Only - Benefit Adjustment - Decrease Exp $ (366,670) (373,063) $ $ (739,733) AT-253 CM 0100 General Fund 18110 - Fire Admin Overtime Exp $ 2,500,000 1,243,542 $ $ 3,743,542 AT-254 CM 0100 General Fund 18610 - Fire Facilities and Fleet Business Expense Exp $ 315,636 (72,900) $ $ 242,736 AT-254 CM 0100 General Fund 18610 - Fire Facilities and Fleet Cable/Internet Utility Expense Exp $ 53,049 (48,000) $ $ 5,049 AT-254 CM 0100 General Fund 18610 - Fire Facilities and Fleet
Repair and Maintenance -
Equipment Exp $ 53,105 (49,600) $ $ 3,505
AT-254 CM 0100 General Fund 18610 - Fire Facilities and Fleet Vehicles > $5000 Exp $ 57,003 (11,900) $ $ 45,103 AT-254 CM 0100 General Fund 18610 - Fire Facilities and Fleet Fire Equipment > $5,000 Exp $ 57,030 (17,600) $ $ 39,430 AT-254 CM 0100 General Fund 18210 - Fire Suppression Overtime Exp $ 51,200 200,000 $ $ 251,200 AT-255 BM 0100 General Fund FIN - Accounting Budget Only - Salary Adjustment Exp $ (8,418) (910) $ $ (9,328) AT-255 BM 0100 General Fund FIN - Accounting Budget Only - Benefit Exp $ (3,607) (390) $ $ (3,997) AT-255 BM 0100 General Fund FIN - Licensing Budget Only - Salary Adjustment Exp $ (4,533) (490) $ $ (5,023) AT-255 BM 0100 General Fund FIN - Licensing Budget Only - Benefit Exp $ (1,942) (210) $ $ (2,152) AT-255 BM 0100 General Fund FIN - Administration Budget Only - Salary Adjustment Exp $ 18,738 1,400 $ $ 20,138 A budget adjustment is to move funds from the Police Department Appr Unit A (Salary and Benefits) savings to the Fire Department Appr Unit A (Salary and Benefits) to cover Fire Department Overtime overage in Fiscal Year 2021-22 due to the continued response to the COVID-19 pandemic. This budget adjustment will move $1,243,542 from the Police Department to the Fire Department for this purpose.

A budget adjustment is to move funds from the Fire Department Appr Unit C (Discretionary Expense) savings to the Fire Department Appr Unit A (Salary and Benefits) to cover Fire Department Overtime overage in Fiscal Year 2021-22 due to the continued response to the COVID-19 pandemic. This budget adjustment will move $200,000 from various discretionary expense accounts in cost center 18610-Facitilies and Fleet) to the Overtime account in the cost center 18210 - MFD Suppression.

A budget adjustment of $2,000 is necessary to move salary savings from FIN - Accounting and FIN - Licensing to FIN - Administration for underbudgeted salary expenses.

A budget adjustment is necessary to reallocate remaining salary savings in appropriation unit a to appropriation unit c to pay for expenses through June 30, 2022 in the City Attorney's Office operating budget.

A budget adjustment is necessary to reallocate funds from the City Council operating budget to the City Attorney's Operating budget. There are salary savings available in the City Council budget which will be used to pay for invoices through June 30, 2022 related to the redistricting within the City.

A budget adjustment in the amount of $13,851 is needed to move budget from salary savings into Tools and Field Supplies <$5,000 and Temporary Employee Services as these accounts are over budget at end of FY2021-22.

A budget adjustment to move $21,801 from CC 33030 to CC 34150 is necessary to cover the overage caused by increased costs associated with the Water Utility Expenses account for Fiscal Year 21-22.
#8..
- 169 -
Department Director/Budget Manager/City Manager Approved Budget Adjustments EXHIBIT B For FY2021/22
AT #
Appro
ved by
CM,
BM or
DD Fund Fund Name Cost Ctr/Project Name Account Name
Rev/E
xp/TI/
TO
Acco
unt Current Budget
Increase
(Decrease)
Revised
Budget Description
AT-255 BM 0100 General Fund FIN - Administration Budget Only - Benefit Exp $ 5,100 600 $ $ 5,700 AT-261 BM 0100 General Fund PRN - Convention & Visitors Bureau ISF - Mail Services - Inside Exp $ 6 $ (6) $ -
AT-261 BM 0100 General Fund PRN - Administration ISF - Mail Services - Inside Exp $ 87 $ 6 $ 93 Total Changes for Fund 0100 $ 2,120,472 $ - $ 2,120,472 AT-243 CM 1341 Grants - Operation Grants
Reimbursed UOPP 12 CA Recycle - PW Rev $ - 29,016 $ $ 29,016 AT-243 CM 1341 Grants - Operation Grants
Reimbursed UOPP 12 Appr. Unit C - Advertising Exp $ - 8,000 $ $ 8,000 AT-243 CM 1341 Grants - Operation Grants
Reimbursed UOPP 12 Appr. Unit C - Professional Services Exp $ - 8,000 $ $ 8,000 AT-243 CM 1341 Grants - Operation Grants
Reimbursed UOPP 12 Appr. Unit C - Svcs City Forces Exp $ - 13,016 $ $ 13,016 Total Changes for Fund 1341 $ - $ 58,032 $ 58,032
AT-238 BM 3160 Capital Grants - Streets CIP
Projects
Pelandale Ave. Interchange
Phase 2
Land Acquisition LA-STIP-R/W
Support Exp $ 357,200 (6,943) $ $ 350,257
AT-238 BM 3160 Capital Grants - Streets CIP
Projects
Pelandale Ave. Interchange
Phase 2
Consultant Charges CC-STIPUC-R/W Support Exp $ 20,239 6,943 $ $ 27,182 Total Changes for Fund 3160 $ 377,439 $ - $ 377,439
AT-258 BM 4210 Wastewater Fund 74210 - Transfer Out from Fund 4210
Transfer Out to Fund 4241 -
2015 Wastewater Refunding TO $ - 1,452 $ $ 1,452
AT-258 BM 4210 Wastewater Fund 74210 - Transfer Out from Fund 4210
Transfer Out to Fund 4272 -
2020A (Federally Taxable) TO $ - 18,358 $ $ 18,358
AT-258 BM 4210 Wastewater Fund 74210 - Transfer Out from Fund 4210
Transfer Out to Fund 4273 -
2020A (Tax-Exempt)
Wastewater Revenue Refunding
Bonds
TO $ - 2,425 $ $ 2,425
AT-258 BM 4210 Wastewater Fund 74210 - Transfer Out from Fund 4210
Transfer Out to Fund 4240 -
2006 Wastewater Revenue
Bonds
TO $ - 2,459 $ $ 2,459
Total Changes for Fund 4210 $ - $ 24,694 $ 24,694
AT-258 BM 4240 2006 Wastewater Revenue
Bonds
64240 - Transfer Into Fund
4240
Transfer In from Fund 4210 -
Wastewater TI $ - 2,459 $ $ 2,459
A budget adjustment in the amount of $24,694 is needed in the Wastewater Fund (4210) to establish transfers to various Wastewater Debt Service Funds to ensure sufficient working captail in these funds.

AT-259 BM 4240 2006 Wastewater Revenue
Bonds
74240 - Transfer Out from
Fund 4240
Transfer out from Fund 4240 -
2006 Wastewater Revenue
Bonds
TO $ - 341,221 $ $ 341,221
A budget adjustment in the amount of $341,221.45 is needed to transfer the value of Fair Market Investments held in the 2006 Wastewater Revenue Bonds that have since been refunded into Fund 4210 Wastewater Fund as this is the fund it rolls up to in the ACFR.

Total Changes for Fund 4240 $ - $ 343,680 $ 343,680
AT-258 BM 4241 2015 Wastewater Refunding
Private Placement
64241 - Transfer Into Fund
4241
Transfer In from Fund 4210 -
Wastewater TI $ - 1,452 $ $ 1,452
A budget adjustment in the amount of $24,694 is needed in the Wastewater Fund (4210) to establish transfers to various Wastewater Debt Service Funds to ensure sufficient working captail in these funds.

Total Changes for Fund 4241 $ - $ 1,452 $ 1,452
AT-258 BM 4272
2020A (Federally Taxable)
Wastewater Revenue
Refunding Bonds
64272 - Transfer Into Fund
4272
Transfer In from Fund 4210 -
Wastewater TI $ - 18,358 $ $ 18,358
A budget adjustment in the amount of $24,694 is needed in the Wastewater Fund (4210) to establish transfers to various Wastewater Debt Service Funds to ensure sufficient working captail in these funds.

A budget adjustment in the amount of $24,694 is needed in the Wastewater Fund (4210) to establish transfers to various Wastewater Debt Service Funds to ensure sufficient working captail in these funds.

A budget adjustment of $6 is necessary to move ISF - Mail Services budget from CVB to PRN Admin.

A budget adjustment is necessary to re-allocate funds from the STIP funds Right of Way support to the CC-STIP-UC-R/W task which requires some additional utility coordination and follow-up. There is no net change to the consultant agreement with Dokken Engineering for this re-allocation.

The City of Modesto has received a grant from the State of California for the Used Oil Payment Program. This grant will provide funding for advertising, promotional items, events, and staff time.
#8..
- 170 -
Department Director/Budget Manager/City Manager Approved Budget Adjustments EXHIBIT B For FY2021/22
AT #
Appro
ved by
CM,
BM or
DD Fund Fund Name Cost Ctr/Project Name Account Name
Rev/E
xp/TI/
TO
Acco
unt Current Budget
Increase
(Decrease)
Revised
Budget Description
Total Changes for Fund 4272 $ - $ 18,358 $ 18,358
AT-258 BM 4273
2020A (Tax-Exempt)
Wastewater Revenue
Refunding Bonds
64273 - Transfer Into Fund
4273
Transfer In from Fund 4210 -
Wastewater TI $ - 2,425 $ $ 2,425
A budget adjustment in the amount of $24,694 is needed in the Wastewater Fund (4210) to establish transfers to various Wastewater Debt Service Funds to ensure sufficient working captail in these funds.

Total Changes for Fund 4273 $ - $ 2,425 $ 2,425
AT-236 BM 4235 North Valley Recycled Water 12136 - FIN - North Valley Professional Services - Debt Exp $ 271,934 638 $ $ 272,572 A budget adjustment in the amount of $638 is needed in the North Valley Recycled Water Fund (4235) to increase the professional services - debt account associated with the State Water Resources Control Board.

Total Changes for Fund 4235 $ 271,934 $ 638 $ 272,572
AT-239 BM 4605 Golf Kemper Fund PRN - Golf Kemper
Creekside Course
Refunds, Damages and Cost
Recovery Rev $ - 13,613 $ $ 13,613
AT-239 BM 4605 Golf Kemper Fund PRN - Golf Kemper Dryden Course
Cost of Goods Sold - Golf
Merchandise Exp $ 22,100 13,613 $ $ 35,713
Total Changes for Fund 4605 $ 22,100 $ 27,226 $ 49,326
AT-245 DD 4890 Compost Fund PW - Compost Operations Budget Only - Salary Adjustment - Decrease Exp $ - (30,800) $ $ (30,800)
AT-245 DD 4890 Compost Fund PW - Compost Operations Budget Only - Benefit Adjustment - Decrease Exp $ - (13,200) $ $ (13,200)
AT-245 DD 4890 Compost Fund PW - Compost Operations Rental of Equipment Exp $ 20,075 44,000 $ $ 64,075 Total Changes for Fund 4890 $ 20,075 $ - $ 20,075
AT-237 BM 4891 Solid Waste PW-Solid Waste
Management
Budget Only - Salary Adjustment
- Decrease Exp $ (10,150) (10,500) $ $ (20,650)
AT-237 BM 4891 Solid Waste PW-Solid Waste
Management
Budget Only - Benefit
Adjustment - Decrease Exp $ (4,350) (4,500) $ $ (8,850) AT-237 BM 4891 Solid Waste PW-Solid Waste
Management Professional Services Exp $ 46,975 15,000 $ $ 61,975 Total Changes for Fund 4891 $ 32,475 $ - $ 32,475
AT-249 BM 4530 Transportation CTR Fund PW - Transportation Center Professional Services Exp $ 15,055.93 (15,055.93) $ $ - AT-249 BM 4530 Transportation CTR Fund PW - Transportation Center Miscellenaeous Supplies Exp $ (0.01) 0.01 $ $ - Total Changes for Fund 4530 $ 15,056 $ (15,056) $ -
AT-248 BM 4560 Bus Fixed Route - Bus
Purchases
PW - Transit Bus
Purchases Vehicles > $5000 Exp $ 18,007.80 (18,007.80) $ $ - AT-248 BM 4560 Bus Fixed Route - Bus
Purchases
PW - Transit Bus
Purchases
Tools and Field Supplies
<$5,000 Exp $ (0.02) 0.02 $ $ -
Total Changes for Fund 4560 $ 18,008 $ (18,008) $ -
A budget adjustment is necessary to remove budget that was generated from FY20- 21 rollover encumbrances.

A budget adjustment is necessary to remove budget that was generated from FY20- 21 rollover encumbrances.

A budget adjustment of $44,000 is necessary to move salary savings to Rental of Equipment to cover the rental of a tractor from J& S Tractor for 5 months.

A budget adjustment is necessary to increase revenues in the amount of $13,613 for revenues received in the Refunds, Damages, and Cost Recovery account which will also require a increase in the expenditure account 52117 (Cost of Goods Sold - Golf Merchandise) in the same amount. This adjustment is to account for revenue received in the Golf Kemper Fund as well as increasing the expenditure budget to cover additional costs of goods at the Dryden Course for merchandise sold at the clubhouse.

A budget adjustment of $15,000 is necessary to move salary savings within the same cost center in Solid Waste to cover underbudgeted Professional Services expenses. #8..
- 171 -
Department Director/Budget Manager/City Manager Approved Budget Adjustments EXHIBIT B For FY2021/22
AT #
Appro
ved by
CM,
BM or
DD Fund Fund Name Cost Ctr/Project Name Account Name
Rev/E
xp/TI/
TO
Acco
unt Current Budget
Increase
(Decrease)
Revised
Budget Description
AT-233 DD 5230 Information Technology Fund 17410 - IT Administration Budget Only - Salary Adjustment - Decrease Exp $ (27,000) (899) $ $ (27,899)
AT-233 DD 5230 Information Technology Fund 17410 - IT Administration Budget Only - Benefit Adjustment - Decrease Exp $ (7,000) (1,077) $ $ (8,077) AT-233 DD 5230 Information Technology Fund 17410 - IT Administration Professional Services Exp $ 37,160 1,976 $ $ 39,136 Total Changes for Fund 5230 $ 3,160 $ - $ 3,160
AT-244 CM 5340 Property Insurance HR - Property Insurance Insurance Premiums Exp $ 1,034,000 27,062 $ $ 1,061,062 A budget adjustment in the amount of $27,062 is needed in the Property Insurance Fund to increase the budget for Premiums. This budget was estimated 9 months before the start of the fiscal year and was slightly under projected.

Total Changes for Fund 5340 $ 1,034,000 $ 27,062 $ 1,061,062 AT-247 BM 5400 Fleet Management Fund 100451 - Fleet Maintenance Facility
Appr. Unit D - Transfer Out to
Fund 4510 TO $ 266,066 (239,988) $ $ 26,078
AT-247 BM 5400 Fleet Management Fund 100451 - Fleet Maintenance Facility
Appr. Unit D - Transfer Out to
Fund 3140 TO $ - 239,988 $ $ 239,988
Total Changes for Fund 5400 $ 266,066 $ - $ 266,066
AT-232 BM 5520 Employee Benefit Fund Admin 17160 - EBF Admin Salaries and Wages - Part-Time Exp $ 15,000 5,342 $ $ 20,342 A budget adjustment in the amount of $5,342 is needed in the Employee Benefits Fund Admin (5520) to budget additional part-time salaries and wages.

AT-252 DD 5520 EBF Admin 17350 - HR - EBF Admin Professional Services Exp $ 30,000 (2,900) $ $ 27,100 AT-252 DD 5520 EBF Admin 17160 - HR - EBF Admin Professional Services Exp $ 140,500 2,900 $ $ 143,400 Total Changes for Fund 5520 $ 185,500 $ 5,342 $ 190,842 AT-241 BM 5810 10th Street Place Building
Services
PW-City 10th Street Place
JPA Operations Services
Intergov-Local-City of Modesto
Contribution Rev $ 1,146,751 (4,102) $ $ 1,142,649
AT-241 BM 5810 10th Street Place Building
Services
PW-City 10th Street Place
JPA Operations Services Office Space Rental Income Rev $ 28,214 4,102 $ $ 32,316 Total Changes for Fund 5810 $ 1,174,965 $ - $ 1,174,965 AT-260 BM 6700 JPA-Tuolumne River Regional
Park (TRRP)
80300 - TRRP JPA
Operations Rental of Equipment Exp $ 1,000 9,263 $ $ 10,263 AT-260 BM 6700 JPA-Tuolumne River Regional
Park (TRRP)
80300 - TRRP JPA
Operations
Repair and Maintenance
Services Exp $ - 13,962 $ $ 13,962
Total Changes for Fund 6700 $ 1,000 $ 23,225 $ 24,225
A budget adjustment is needed to update the expenditure type for the transfer out for Project 100451. The project was originally budgeted to be a transfer out to Project 101022 which resided in Fund 4510. As of FY 21-22, Fund 4510 was deactivated and the budget for Project 101022 was moved to Project 101337. The new project resides in Fund 3140. This adjustment is moving the transfer out/expenditure side of the project to the correct fund
A budget adjustment in the amount of $2,900 is needed in the EBF Fund to move budget between two cost centers for professional services costs.

A budget adjustment is necessary to reduce the City of Modesto contribution for FY 21- 22 ISF JPA City Allocation budget. The City had two lease agreements during FY 21-

22. The agreement with the Clerk-Recorder was original set to expire on April 30, 2022. The County opted to extend their lease through and this credit accounts for the additional lease revenue the City received in May and June 2022. The attached spreadsheet show the credit due and the new allocation for each fund-cost center.

A budget adjustment is necessary to reallocate remaining salary savings in appropriation unit a to appropriation unit c to pay for expenses through June 30, 2022 in the information technology fund.

A budget adjustment is necessary to increase the budget for the TRRP operating Fund 6700. There were expenses that were unanticipated related to rental of equipment as part of the vegetation work completed and repair and maintenance services related to the air conditioner at American Legion Hall during May and June 2022.
#8..
- 172 -
Department Director/Budget Manager/City Manager Approved Budget Adjustments EXHIBIT B For FY2021/22
AT #
Appro
ved by
CM,
BM or
DD Fund Fund Name Cost Ctr/Project Name Account Name
Rev/E
xp/TI/
TO
Acco
unt Current Budget
Increase
(Decrease)
Revised
Budget Description
AT-241 BM Various Various Various ISF-JPA City Allocation Exp $ 1,146,751 (4,102) $ $ 1,142,649 A budget adjustment is necessary to reduce the City of Modesto contribution for FY 21- 22 ISF JPA City Allocation budget. The City had two lease agreements during FY 21-

Total Changes for Fund Various $ 1,146,751 $ (4,102) $ 1,142,649 #8..
- 173 -
Department Director/Budget Manager/City Manager Approved Budget Adjustments EXHIBIT B For FY2022/23
AT #
Appro
ved by
CM,
BM or
DD Fund Fund Name Cost Ctr/Project Name Account Name
Rev/E
xp/TI/
TO
Acco
unt Current Budget
Increase
(Decrease)
Revised
Budget Description
AT-020 BM 1180 Emergency Shelter Grants 101258 - CARES ESG Funding Direct Grants - 1386 Prev AUC Exp $ 83,289 (83,289) $ $ - AT-020 BM 1180 Emergency Shelter Grants 101258 - CARES ESG Funding
Direct Grants - 1388 STRA SA
Ber AUC Exp $ 291,838 (9,725) $ $ 282,113
AT-020 BM 1180 Emergency Shelter Grants 101258 - CARES ESG Funding
Direct Grants - 1387 RRH DTS
AUC Exp $ 500,000 (100,000) $ $ 400,000
AT-020 BM 1180 Emergency Shelter Grants 101258 - CARES ESG Funding
Direct Grants - 1385 Outreach
CHS AUC Exp $ 40,000 16,893 $ $ 56,893
AT-020 BM 1180 Emergency Shelter Grants 101258 - CARES ESG Funding
Direct Grants - 1388 Shelter
Appr Unit C Exp $ 118,300 19,700 $ $ 138,000
AT-020 BM 1180 Emergency Shelter Grants 101258 - CARES ESG Funding
Direct Grants - 1388 STRA SA
Aces AD AUC Exp $ 28,000 2,537 $ $ 30,537
AT-020 BM 1180 Emergency Shelter Grants 101258 - CARES ESG Funding
Direct Grants - 1388 STR SA
Ber AD AUC Exp $ 10,000 9,275 $ $ 19,275
AT-020 BM 1180 Emergency Shelter Grants 101258 - CARES ESG Funding
Direct Grants - 1388 STR
STANCO AD AUC Exp $ 8,985 11,015 $ $ 20,000
AT-020 BM 1180 Emergency Shelter Grants 101258 - CARES ESG Funding
Direct Grants - 1388 STR
STANCO AUC Exp $ - 133,594 $ $ 133,594
Total Changes for Fund 1180 $ 1,080,412 $ - $ 1,080,412 AT-016 BM 3150 Capital Grants - Parks CIP 101289 - Rebard Pk Playground Renovation Services City Forces - Interfund Exp $ 2,500 (2,000) $ $ 500 AT-016 BM 3150 Capital Grants - Parks CIP 101289 - Rebard Pk Playground Renovation Professional Services Exp $ 85,452 2,000 $ $ 87,452 Total Changes for Fund 3150 $ 87,952 $ - $ 87,952
AT-021 BM 3160 Capital Grants - Streets CIP 100966 - Pelandale from Sisk to Dale Construction Administration Exp $ 266,453 (19) $ $ 266,434 AT-021 BM 3160 Capital Grants - Streets CIP 100966 - Pelandale from Sisk to Dale Eng/Design/Admin Exp $ 347,895 $ 19 $ 347,914 Total Changes for Fund 3160 $ 614,348 $ - $ 614,348
AT-024 CM 3204 Village One Triangle CFD 101433 - Village One Triangle CFD Formation Professional Services Exp $ - 25,000 $ $ 25,000 AT-024 CM 3204 Village One Triangle CFD 101433 - Village One Triangle CFD Formation Legal Services Exp $ - 10,000 $ $ 10,000 AT-024 CM 3204 Village One Triangle CFD 101433 - Village One Triangle CFD Formation Svcs City Forces - Interfund Exp $ - 15,000 $ $ 15,000 Total Changes for Fund 3204 $ - $ 50,000 $ 50,000
AT-023 BM 4100 Water Fund CIP 43030 - Urban Water
Management Professional Services Exp $ 8,222 25,000 $ $ 33,222 A budget adjustment in the amount of $25,000 is needed to budget consultant expenses related to the Urban Water Management plan and water loss audit validations.

Total Changes for Fund 4100 $ 8,222 $ 25,000 $ 33,222
AT-018 BM 4180 Water Fund CIP 100953 - La Loma El Vista To Riverside Contingency Exp $ 400,000 (150,000) $ $ 250,000 AT-018 BM 4180 Water Fund CIP 100953 - La Loma El Vista To Riverside
Engineering/Design/Administrati
on Exp $ 223,000 150,000 $ $ 373,000
Total Changes for Fund 4180 $ 623,000 $ - $ 623,000
A budget adjustment is needed to transfer funds between tasks in the ESG CARES Act funding project to cover contruactual obligations. There is no change to the total amount of the project budget.

A budget adjustment is necessary to move funds between tasks to cover change orders for the project.

A budget adjustment in the amount of $150,000 is needed to move budget from the Contingency Task to the Engineering/Design/Administration task to continue work on this project.

A budget adjustment is necessary to relocation funds from the CA task to the EDA task to cover the overage. There are sufficient funds in CA and once the adjustment is completed the project will be closed.

A budget adjustment in the amount of $50,000 is needed to establish the Village One Triangle CFD Formation project (101433) and appropriate $50,000 of the $64,500 developer deposits received as of 8/23/2022.
#8..
- 174 -
Department Director/Budget Manager/City Manager Approved Budget Adjustments EXHIBIT B For FY2022/23
AT #
Appro
ved by
CM,
BM or
DD Fund Fund Name Cost Ctr/Project Name Account Name
Rev/E
xp/TI/
TO
Acco
unt Current Budget
Increase
(Decrease)
Revised
Budget Description
AT-019 CM 4212 Wastewater PCE
Litigation/Mitigation
100668-WW PCE Mitigation
Site 1 Professional Services Exp $ 1,790,214 125,385 $ $ 1,915,599 A budget adjustment in the amount of $125,385 is needed to budget litigation/mitigation costs associated with PCE Mitigation Site 1 as approved by City Attorney's office in a letter dated 7/22/22. These funds are restricted, cannot be used for any other purpose, and not funded by rate payers of Modesto.

Total Changes for Fund 4212 $ 1,790,214 $ 125,385 $ 1,915,599 AT-013 BM 4310 Airport Operating Fund PW-Airport Services Intergov-State-CA Dept. of Rev $ 10,000 (10,000) $ $ - AT-013 BM 4310 Airport Operating Fund PW-Airport Services Intergov-State-CA Dept. of Transportation-Activity 53009 Rev $ - 10,000 $ $ 10,000 AT-013 BM 4310 Airport Operating Fund PW-Airport Services Repair and Maintenance
Services - Real Property-Activity
53009
Exp $ - 10,000 $ $ 10,000
Total Changes for Fund 4310 $ 10,000 $ 10,000 $ 20,000
AT-015 CM 4330 County Aircraft Tax Fund PW -Transportation Airport Special Fund Operations Professional Services Exp $ 25,000 41,000 $ $ 66,000 A budget adjustment is necessary to increase the County Aircraft Tax Fund 4330 expense budget by $41,000. The increase is related to the Airport painting 3 hangars for Fiscal Year 22-23. The increase will come from the County Aircraft Tax Fund reserves which has a sufficient fund balance.

Total Changes for Fund 4330 $ 25,000 $ 41,000 $ 66,000
AT-017 CM 5400 Fleet Management Fund 101423 - Corp Yard Reconfiguration Lease of Land Rev $ - 50,000 $ $ 50,000 AT-017 CM 5400 Fleet Management Fund 101423 - Corp Yard Reconfiguration Professional Services Exp $ - 50,000 $ $ 50,000 Total Changes for Fund 5400 $ - $ 100,000 $ 100,000
AT-014 BM 6700 JPA - Tuolumne River
Regional Park (TRRP) JPR TRRP Operations Sales of Fixed Asset Rev $ - 25,000 $ $ 25,000 AT-014 BM 6700 JPA - Tuolumne River
Regional Park (TRRP) Transfer Out Fund 6700 Transfer Out to Fund 6710 TO $ - 25,000 $ $ 25,000 Total Changes for Fund 6700 $ - $ 50,000 $ 50,000
AT-014 BM 6710 JPA - TRRP Special Revenue
Fund - CIP
101425 - American Legion
Hall Fire Remediation Transfer In from Fund 6700 TI $ - 25,000 $ $ 25,000 AT-014 BM 6710 JPA - TRRP Special Revenue
Fund - CIP
101425 - American Legion
Hall Fire Remediation Professional Services Exp $ - 20,000 $ $ 20,000 AT-014 BM 6710 JPA - TRRP Special Revenue
Fund - CIP
101425 - American Legion
Hall Fire Remediation Services City Forces - Interfund Exp $ - 5,000 $ $ 5,000 Total Changes for Fund 6710 $ - $ 50,000 $ 50,000
A budget adjustment is necessary to move the CAAP Grant revenue anticipated to be received in FY 22-23 to the appropriate activity code. In addition, the adjustment is establishing the expense budget for the grant revenue.

A budget adjustment is necessary to recognize revenue, establish the transfer from Fund 6700 to Project 101425 and establish the project expense budget in the amount of $25,000.

A budget adjustment is necessary to establish the budget for Project 101423 - Corp Yard Reconfiguration. The expense budget for the project will be funded with monthly revenue received from the lease tied to one of of the parcels recently acquired by the City.
#8..
- 175 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

October 11, 2022
Date: September 21, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jaylen French, Director of Community and Economic Development SUBJECT: Fifth Amendment to Agreement with California Property Specialists, Inc. for Rightof-Way Services for State Route 132 West Freeway/Expressway - Phase 1 Project
CONTACT: Toby Wells, City Engineer, [email protected], (209) 571-5542 DESCRIPTION:

Consider approving a Fifth Amendment to the Agreement with California Property Specialists, Inc., dba CPSI, an Interwest Consulting Group, Inc. company, for additional Right-Of-Way Services for the State Route 132 West Freeway/Expressway - Phase 1 Project, increasing the Agreement amount by $177,425, plus $44,356 additional services, if needed, for a total increase of $221,781 from $3,737,413 for a total amount not to exceed $3,959,194, and forwarding to Council for approval. (Funding Source: Streets Capital Facility Fees) STRATEGIC PLAN ELEMENT:

This item is consistent with the Modesto City Council’s 2020-2025 Strategic Plan Goal D Ensure Safe, Efficient, and Reliable Infrastructure.

BACKGROUND:

The purpose of the State Route 132 (SR 132) West Freeway/Expressway - Phase 1 Project is to improve regional and interregional circulation, relieve traffic congestion along existing SR 132, and enhance safety and operations for the existing and proposed transportation network.

On August 8, 2017, by Resolution No. 2017-314, the City Council approved an agreement with California Property Specialists, Inc., dba CPSI, an Interwest Consulting Group, Inc. company to perform right-of-way consultant services for the Project in an amount of $735,000, plus $73,500 additional services, for a total contract amount of $808,500.

On February 27, 2018, by Resolution No. 2018-84, the City Council approved the First Amendment to the CPSI Agreement to increase the contract by $864,687, plus $86,500 for additional services, for a total contract amount of $1,759,687. #9..
- 176 -
City Council, October 11, 2022
Fifth Amendment to Agreement with California Property Specialists, Inc. for Right-of-Way Services for State Route 132 West Freeway/Expressway - Phase 1 Project

Page 2 of 4 ends

On November 27, 2018, by Resolution No. 2018-528, Council approved the Second Amendment to the CPSI Agreement to increase the contract by $1,356,773, plus $135,677 for additional services, for a total contract amount of $3,252,137.

On June 23, 2020, by Resolution No. 2020-260, Council approved the Third Amendment to the CPSI/Interwest Agreement to increase the contract by $246,160, plus $24,616 for additional services, for a total contract amount of $3,522,913.

On May 25, 2021, by Resolution No 2021-183, Council approved the Fourth Amendment to the CPSI/Interwest Agreement to increase the contract by $195,000, plus $19,500 for additional services, for a total contract amount of $3,737,413.

DISCUSSION:

Through the course of project construction, additional right-of-way service work has been required to support construction, this includes the need for continued support of complex business relocation cases, continued environmental compliance monitoring and funding conformity matters requested by Caltrans to receive full reimbursement of the grant funds obtained for the project.

FISCAL IMPACT:

The Project is supported by a complex matrix of funding elements including a combination of local, Regional Measure L, State, and Federal sources; of which, each have a variety of requirements and constraints.

This Fifth Amendment increases the original agreement amount by $177,425, plus $44,356 additional services, if needed, for a total increase of $221,781, and will be funded with City of Modesto Streets Capital Facility Fees (CFF).

This Fifth Amendment will be paid from Project #100614 – State Route 132 West Expressway.

There are sufficient funds available in the Streets Capital Facility Fees Fund 3410 and the project has funds available to support the amendment.

INTERWEST CONSULTING GROUP RIGHT-OF-WAY SERVICES AGREEMENT Original Agreement, 8/8/2017 $735,000
First Additional Services Request $73,500
Contract w/Additional Services $808,500
First Amendment, 2/27/2018 $864,687
Additional Services $86,500
Amendment w/Additional Services $951,187
Second Amendment, 11/27/2018 $1,356,773
Additional Services $135,677
Amendment w/Additional Services $1,492,450
Third Amendment, 6/23/2020
#9..
- 177 -
City Council, October 11, 2022
Fifth Amendment to Agreement with California Property Specialists, Inc. for Right-of-Way Services for State Route 132 West Freeway/Expressway - Phase 1 Project

Page 3 of 4 ends

$246,160
Additional Services $24,616
Amendment w/Additional Services $270,776
Fourth Amendment, 5/25/2021 $195,000
Additional Services $19,500
Amendment w/Additional Services $214,500
Proposed Fifth Amendment $177,425
Additional Services, If Needed $44,356
Amendment w/Additional Services $221,781
REVISED TOTAL AGREEMENT $3,959,194
COMMITTEE RECOMMENDATION:

This item was considered by the Economic Development Committee on October 3, 2022, and the Committee recommended forwarding to Council for approval.

CEQA/NEPA REQUIREMENTS:

Caltrans has completed California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) review of the Project with approval of the document as part of the PA&ED Phase on March 9, 2018.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving a Fifth Amendment to the Agreement with California Property Specialists, Inc., dba CPSI, now known as Interwest Consulting Group, Inc., for additional Right-Of-Way Services for the State Route 132 West Freeway/Expressway - Phase 1 Project, increasing the Agreement amount by $177,425, plus $44,356 additional services, if needed, for a total increase of $221,781 from $3,737,413 for a total amount not to exceed $3,959,194, and authorizing the City Manager, or his designee to execute the Fifth Amendment to Agreement.

Approved by:

Jaylen French, Director of CEDD
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Interwest-CPSI Fifth Amendment to Agreement

3. Exhibit A-5 Interwest-CPSI 5th Amendment
#9..
- 178 -
City Council, October 11, 2022
Fifth Amendment to Agreement with California Property Specialists, Inc. for Right-of-Way Services for State Route 132 West Freeway/Expressway - Phase 1 Project

Page 4 of 4 ends

4. Original Agreement

5. First Amendment to Agreement

6. Second Amendment to Agreement

7. Third Amendment to Agreement

8. Fourth Amendment to Agreement
#9..
- 179 -
10/11/2022/CEDD/T.Wells 1 2022-

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-

RESOLUTION APPROVING A FIFTH AMENDMENT TO THE AGREEMENT WITH CALIFORNIA PROPERTY SPECIALISTS, INC., DBA CPSI, NOW KNOWN AS INTERWEST CONSULTING GROUP, INC., FOR ADDITIONAL RIGHT-OF-WAY SERVICES FOR THE STATE ROUTE 132 WEST
FREEWAY/EXPRESSWAY - PHASE 1 PROJECT, INCREASING THE
AGREEMENT AMOUNT BY $177,425, PLUS $44,356 ADDITIONAL SERVICES, IF NEEDED, FOR A TOTAL INCREASE OF $221,781 FROM $3,737,413 FOR A TOTAL AMOUNT NOT TO EXCEED $3,959,194, AND AUTHORIZING THE

CITY MANAGER, OR HIS DESIGNEE TO EXECUTE THE FIFTH

AMENDMENT TO AGREEMENT
WHEREAS, the purpose of the State Route 132 West Freeway/Expressway - Phase 1 Project is to improve regional and interregional circulation, relieve traffic congestion along existing State Route 132, and enhance safety and operations for the existing and proposed transportation network; and
WHEREAS, on August 8, 2017, by Resolution No. 2017-314, the City Council approved an agreement with Property Specialists, Inc., (dba CPSI) to perform right-of-way consultant services for the Project in an amount of $735,000, plus $73,500 additional services, for a total contract amount of $808,500; and
WHEREAS, on February 27, 2018, by Resolution No. 2018-84, the City Council approved the First Amendment to the CPSI Agreement to increase the contract by $864,687, plus $86,500 for additional services, for a total contract amount of $1,759,687; and
WHEREAS, on November 27, 2018, by Resolution No. 2018-528, Council approved the Second Amendment to the CPSI Agreement to increase the contract by $1,356,773, plus $135,677 for additional services, for a total contract amount of $3,252,137; and
#9..
- 180 -
10/11/2022/CEDD/T.Wells 2 2022-
WHEREAS, on June 23, 2020, by Resolution No. 2020-260, Council approved the Third Amendment to the CPSI/Interwest Agreement to increase the contract by $246,160, plus $24,616 for additional services, for a total contract amount of $3,522,912; and WHEREAS, on May 25, 2021, by Resolution No 2021-183, Council approved the Fourth Amendment to the CPSI/Interwest Agreement to increase the contract by $195,000, plus $19,500 for additional services, for a total contract amount of $3,737,413; and WHEREAS, through the course of project construction, additional right-of-way service work has been required to support construction; and WHEREAS, there is a need for continued support of complex business relocation cases, and continued environmental compliance monitoring and funding conformity matters requested by Caltrans in order to receive full reimbursement of the grant funds obtained for the project; and
WHEREAS, this Fifth Amendment is required to complete the activities previously authorized by Council and to close out the project right-of-way services contract; and WHEREAS, many of the tasks include specialized work that must be completed by subconsultants with specialized expertise; and
WHEREAS, approximately 37 percent of this total work requested in the Fifth Amendment is necessary to support consultant services for continued environmental compliance monitoring required by Caltrans, as described in the attached agreement and scope of services and are typical for large highway projects; and WHEREAS, on September 1, 2022, Interwest Consulting Group submitted a Fifth Amendment Request to the Agreement in the amount of $177,425, plus $44,356 for additional services, if needed, for a total amount not to exceed $221,781; and #9..
- 181 -
10/11/2022/CEDD/T.Wells 3 2022-
WHEREAS, Staff recommends approving the Fifth Amendment to the Agreement with Interwest Consulting Group, Inc. to complete the scope of right-of-way services for the Project.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the Fifth Amendment to the agreement with Property Specialists, Inc. (dba CPSI), now known as Interwest Consulting Group, Inc. for additional right of way services for the State Route 132 West Freeway/Expressway - Phase 1 Project in the amount of $177,425, plus $44,356 for additional services (if needed), for a total increase of $221,781 from $3,737,413 for a total not to exceed amount of $3,959,194.

BE IT FURTHER RESOLVED, that the City Manager, or his designee, is authorized to execute the Fifth Amendment to the Agreement in a form approved by the City Attorney.
#9..
- 182 -
10/11/2022/CEDD/T.Wells 4 2022-
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 11th day of October, 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
#9..
- 183 -
Fifth Amendment -1- City of Modesto
Interwest Consulting Group, Inc. State Route 132 West Freeway/Expressway Phase 1 Project

FIFTH AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES FOR STATE ROUTE 132 WEST FREEWAY/EXPRESSWAY PHASE 1 PROJECT This Fifth Amendment to Agreement for Consultant Services is made with reference to the contractual agreement between the CITY OF MODESTO (“City”) and PROPERTY SPECIALISTS, INC., dba CPSI, a California corporation, now known as INTERWEST CONSULTING GROUP, INC., a Colorado corporation, (“Consultant”), entered into by the parties on the 8th day of August, 2017, hereinafter referred to as “Original Agreement”.

This Fifth Amendment to the Original Agreement for Consultant Services is made with regard to the following recitals:

A. On the 27th of February, 2018, the parties entered into a First Amendment to the Agreement for Consultant Services (“First Amendment”).

B. On the 27th of November, 2018, the parties entered into a Second Amendment to the Agreement for Consultant Services (“Second Amendment”).

C. On the 23rd of June, 2020, the parties entered into a Third Amendment to the Agreement for Consultant Services (“Third Amendment”).

D. On the 25th of May, 2021, the parties entered into a Fourth Amendment to the Agreement for Consultant Services (“Fourth Amendment”).

E. Paragraph no. 9 “AMENDMENTS” of the Original Agreement acknowledges the parties understand it may become desirable or necessary for City or Consultant to modify the scope of services provided for under the Agreement and any such modification must be in writing signed by both parties.

F. Paragraph no. 3 “COMPENSATION” of the Original Agreement specifies the sum of $735,000 as the total compensation Consultant agrees to accept for performing all #9..
- 184 -
Fifth Amendment -2- City of Modesto
Interwest Consulting Group, Inc. State Route 132 West Freeway/Expressway Phase 1 Project services and furnishing all staffing and materials for the project as well as performance by Consultant of all of its duties and obligations required in the Original Agreement.

G. The Parties agreed to additional services with respect to the Original Agreement in the total amount of $73,500.

H. Paragraph no. 2 “COMPENSATION” of the First Amendment specified that additional services will be performed by Consultant, which increased the total amount of the Original Agreement by $864,687, for a new total amount not to exceed $1,759,687.

I. The Parties agreed to additional services with respect to the Original Agreement and First Amendment in the total amount of $86,500.

J. Paragraph no. 3 “COMPENSATION” of the Second Amendment specified that additional services will be performed by Consultant, which increased the total amount of the Original Agreement by $1,356,773, for a new total amount not to exceed $3,252,137.

K. The Parties agreed to additional services with respect to the Original Agreement and Second Amendment in the total amount of $135,677.

L. Paragraph no. 3 “COMPENSATION” of the Third Amendment specified that additional services will be performed by Consultant, which increased the total amount of the Original Agreement by $246,159.50, for a new total amount not to exceed $3,522,912.45.

M. The Parties agreed to additional services with respect to the Third Amendment in the total amount of $24,615.95.

N. Paragraph no. 3 “COMPENSATION” of the Fourth Amendment specified that additional services will be performed by Consultant, which increased the total amount of the Original Agreement by $195,000.40, for a new total amount not to exceed $3,737,412.89. #9..
- 185 -
Fifth Amendment -3- City of Modesto
Interwest Consulting Group, Inc. State Route 132 West Freeway/Expressway Phase 1 Project O. The Parties agreed to additional services with respect to the Fourth Amendment in the total amount of $19,500.04.

P. On or about September 1, 2022, Consultant submitted to the City a budget augmentation for additional tasks requested by the City to be added to the Original Agreement, First Amendment, Second Amendment, Third Amendment, and Fourth Amendment related to the State Route 132 West Freeway/Expressway Phase I Project, attached hereto as Exhibit “A-5” and incorporated herein by this reference. Exhibit “A-5” identifies those additional tasks to be performed by Consultant as well as Consultant’s costs for the below-described additional tasks:

1. Mitchell - Signature and Escrow: $3,666.88

2. Wagner - Signature and Escrow: $6,076.48

3. Gonzalez - Purchase Landlocked Parcel: $18,696.00

4. Borba - Surplus Sale: $28,203.20

5. Bender - Surplus Sale: $26,029.20

6. MID Access Road - Faria: $4,516.88

7. MID Access Road - Wagner: $4,516.88

8. MID Access Road - Renna: $20,336.72

9. MID Access Road Rincon Environmental: $35,000.00

10. RAP Reimbursement: $20,744.00

11. TCE removal upon request of Property Owners: $9,638.40 Q. The aforementioned additional tasks increase the total compensation amount of the Original Agreement, and as amended by the First Amendment, the Second Amendment, the Third Amendment, and the Fourth Amendment by $177,424.64. #9..
- 186 -
Fifth Amendment -4- City of Modesto
Interwest Consulting Group, Inc. State Route 132 West Freeway/Expressway Phase 1 Project R. The parties to this Fifth Amendment to the Original Agreement now understand and agree that it is necessary to modify paragraph no. 1 entitled “SCOPE OF SERVICES” of the Original Agreement, as amended.

S. The parties to this Fifth Amendment to Agreement now understand and agree it is necessary to modify paragraph no. 3 entitled “COMPENSATION” of the Original Agreement, as amended.

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

1. The parties agree that each of the recitals set out above is factually true and correct.

2. Paragraph no. 1 entitled “SCOPE OF SERVICES” of the Original Agreement, including any amendments pertaining thereto, shall be deleted and parties agree to and hereby do substitute the following in its place:
“1. SCOPE OF SERVICES.

Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached to the Original Agreement and referred to therein as Exhibit “B”. In addition, Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the Attachments to the First Amendment, and as set forth and described in the Attachments to the Second Amendment, and as set forth and described in the Attachments to the Third #9..
- 187 -
Fifth Amendment -5- City of Modesto
Interwest Consulting Group, Inc. State Route 132 West Freeway/Expressway Phase 1 Project Amendment, and as set forth and described in the Attachments to the Fourth Amendment, and as set forth in Exhibit “A-5” attached to this Fifth Amendment to the Original Agreement for Consultant Services. Exhibit “A-5” is incorporated herein by this reference. The Consultant shall perform all services as required in a manner compatible with the standards of its profession and shall produce a fully complete project acceptable to City.”

3. Paragraph no. 3 entitled “COMPENSATION” of the Original Agreement between the parties shall be deleted and the parties agree to and hereby do substitute the following in its place:
“3. COMPENSATION.

Consultant agrees to perform the work on a time and
materials basis in an amount not to exceed THREE MILLION NINE HUNDRED FOURTEEN THOUSAND EIGHT HUNDRED THIRTYSEVEN AND 53/100 DOLLARS ($3,914,837.53) as full remuneration for performing all services and furnishing staffing and materials called for in Exhibit “C” to the Original Agreement, as amended by Attachment “A” (“CPSI – Amended Fee Proposal Worksheet”) to the First Amendment, and Exhibit “A-2” attached to the Second Amendment to Agreement, and Exhibit “A-3” attached to the Third Amendment to Agreement, and Exhibit “A-4” attached to this Fourth Amendment to Agreement, and Exhibit “A5” attached to this Fifth Amendment to Agreement. #9..
- 188 -
Fifth Amendment -6- City of Modesto
Interwest Consulting Group, Inc. State Route 132 West Freeway/Expressway Phase 1 Project The compensation shall be paid pursuant to and in the
manner and at the time set forth below:

Professional services received by the City under the Original Agreement, the First Amendment, the Second Amendment, the Third Amendment, the Fourth Amendment, and this Fifth Amendment to Agreement shall be paid for on a time and materials basis with a not to exceed amount, as called for in Exhibit “C” to the Original Agreement, as amended by Attachment “A” of the First Amendment, and Exhibit “A-2” of the Second Amendment to Agreement, and Exhibit “A-3” of the Third Amendment to Agreement, and Exhibit “A-4” of this Fourth Amendment to Agreement, and Exhibit “A-5” attached to this Fifth Amendment to Agreement. Consultant shall prepare and City agrees to pay Consultant on a time and materials basis for monthly invoices, which include detailed tasks, hours worked, and billable rates for work completed.

Additional services may be authorized by the City Manager in an amount up to, but not to exceed FORTY-FOUR THOUSAND THREE HUNDRED FIFTY-SIX AND 16/100 DOLLARS ($44,356.16).

In the event that additional services are deemed necessary, the Consultant shall provide a written request to the City Manager indicating the reason for additional work, scope and cost of such work. The City Manager shall provide a written response to the request, either approving or denying the additional expenditure, in whole or in part. If additional services are requested and approved, they will be billed at the hourly rates set forth in #9..
- 189 -
Fifth Amendment -7- City of Modesto
Interwest Consulting Group, Inc. State Route 132 West Freeway/Expressway Phase 1 Project Exhibit “A-5” and may not exceed the amount requested and approved in writing by the City Manager. In that event, the new total compensation shall not exceed THREE MILLION NINE HUNDRED FIFTY-NINE
THOUSAND ONE HUNDRED NINETY-THREE AND 69/100
DOLLARS ($3,959,193.69).

If additional services in excess of this amount are deemed necessary by City Staff, a sixth amendment to the Original Agreement will be required and must be approved by the City Council prior to commencing the work, as provided in Paragraph 9 of the Original Agreement.”

4. Except as herein amended or modified, the provisions of the Original Agreement, First Amendment, Second Amendment, Third Amendment, and Fourth Amendment are expressly reaffirmed and remain in full force and effect.
#9..
- 190 -
Fifth Amendment -8- City of Modesto
Interwest Consulting Group, Inc. State Route 132 West Freeway/Expressway Phase 1 Project IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Fifth Amendment to Agreement for Consultant Services in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2022-________, adopted by the Council of the City of Modesto on the 11th day of October, 2022, and INTERWEST CONSULTING GROUP, INC. has caused this Fifth Amendment to Agreement to be duly executed in duplicate.
(Signatures on next page)
9/12/2022 Approved as to form PH
#9..
- 191 -
9300 W. Stockton Blvd. | Suite 105
Elk Grove, CA 95758
916.683.3340
September 1, 2022
John Rawles, Project Manager
City of Modesto
1010 Tenth Street, Suite 3100
Modesto, CA 95353
SUBJECT: Proposal to Provide Supplemental Real Estate Services City of Modesto – SR132 West Freeway/Expressway Phase I Project Dear Mr. Rawles:

Property Specialists, Inc., an Interwest Consulting Group company, is pleased to submit our proposal to provide supplemental real estate services in support of the project.

Interwest is prepared to offer the scope of services as described in the attached proposal in the areas of:
❖ Task 1 | Mitchell -complete escrow and close file per Caltrans ❖ Task 2 | Wagner-complete escrow and close
❖ Task 3 | Gonzalez-purchase land locked parcel
❖ Task 4 | Borba-sale of surplus property
❖ Task 5 | Bender- sale of surplus property
❖ Task 6 | MID access road action items
❖ Task 7 | RAP reimbursement
❖ Task 8 | TCE removal upon when project is completed
Most of the work will be completed by Amy Betonte with field support from James Staudinger. The cost and for the services listed above are outlined on the following scope of work and fee schedule and will be billed to the City on a time and material basis. Please note that 37% of the projected work totaling $177,424 is attributable to subconsultants. The overall cost projection includes a 25% contingency equaling $221,780.

If you have any questions concerning the above, please feel free to call me directly at (949) 870-5401 or by email at [email protected].

Sincerely,
Kent Jorgensen
Director of Real Estate Services
EXHIBIT A-5
#9..
- 192 -
EXHIBIT A-5
#9..
- 193 -
#9..
- 194 -
#9..
- 195 -
#9..
- 196 -
#9..
- 197 -
#9..
- 198 -
#9..
- 199 -
#9..
- 200 -
#9..
- 201 -
#9..
- 202 -
#9..
- 203 -
#9..
- 204 -
#9..
- 205 -
#9..
- 206 -
#9..
- 207 -
#9..
- 208 -
#9..
- 209 -
#9..
- 210 -
#9..
- 211 -
#9..
- 212 -
#9..
- 213 -
#9..
- 214 -
Prepared by: Property Specialists, Inc.

OH Rate Total
$72.12 $50.48 $43.27 $40.87 $33.65 0.9810 0.100
Task
No. Description
Project
Manager
Sr Acq/Rel
Agent
Acquisition
Agent
Relocation
Agent
Project
Coordinator Hour Totals
Original
Direct
Labor Costs
Revised
Direct Labor
Costs
ODC / Pass
Through
Costs
Fully
Burdened
Cost -

ORIGINAL
BUDGET
Fully
Burdened
Cost - NEW
BUDGET
Cost Increase
+ Amendment
Request
Reason for Increase in Budget

1.0 PROJECT MANAGEMENT Owners and displacement count doubled. Brett Paulson is providing additional program support.

1.1 City Meetings 300 300 $9,346 $21,635 $20,366 $47,144 $26,778 Due to sensitivity of project, delayed environmental, and the need to be more involved with the City and stakeholders, CPSI managers must participate as needed to ensure project delivery, schedule adherence, public relations management, etc.

1.2 Status Reports 48 96 144 $3,346 $6,692 $7,292 $14,583 $7,291 Additional reporting data has been required due to the unusual project delivery parameters and separate funding schedules.

1.3 Prepare ROW Management Plan 180 180 $1,731 $12,981 $3,772 $28,286 $24,514 CPSI's original budget assumed environmental, project design, and funding sources were static. Considering the volitilty, environmental delays, funding issues, and need for a Cert 3, significant planning modifications will be necessary as issues arise.

1.4 PDT Meetings 96 96 $2,942 $6,923 $6,412 $15,086 $8,674 City has requested for the Project Manager to attend additional reoccurring meetings.

1.5 Prepare/Review Project Documents 144 144 $3,490 $10,385 $7,606 $22,629 $15,023 With the case count increase, appraisal, acquisition and relocation activities under a unique schedule and the additional involvement with stakeholders, additional documents and revisions are well above the norm.

1.6 Scheduling 48 48 $2,135 $3,462 $4,652 $7,543 $2,891 Schedule is evolving on a daily basis due to delayed EIR, late design changes, and funding restrictions. Manpower is necessary to stay on top of these changes to ensure project delivery.

1.7 QA/QC Management 48 48 $1,731 $3,462 $3,772 $7,543 $3,771 Splitting project phasing due to funding restrictions, and design changes, requires additional coordination with Caltrans and City Legaal. Planning for Cert 3 will require additional QA/QC work.

1.8 Prepare Caltrans Certification 80 20 20 120 $3,726 $7,452 $8,119 $16,238 $8,119 Certification 3 work around and the additional documentation and communication with Caltrans requires additional manhours.

1.9 Project Close Out 20 40 24 12 24 120 $2,899 $5,798 $6,317 $12,635 $6,318 Close-out work will be significantly more due to Cert 3 and case increase.

1.10 Additional Program Support 1080 1080 $0 $77,885 $0 $169,718 $169,718 Quality Manager is working with Dokken and assisting with right of way analysis during design. Delivery Manager will need to provide expertise to accelarate project deliverables before E-76, after E-76, and achieve Cert 3 submssion by November 2018.

ODCs (mileage, postage) $2,500
Hours Subtotal: 2044 60 24 12 140 2280 536
Cost Subtotal: $147,404 $3,029 $1,038 $490 $4,712 $31,346 $156,673 $2,500 $68,308

2.0 RELOCATION PLAN Displacements increased from 10 businesses to 22 relocations

2.1 Complete Interviews 40 24 64 $817 $3,865 $1,781 $8,423 $6,642 Displacements have increased from 10 to 22.

2.2 Write Draft Relocation Plan 40 20 60 $2,570 $3,558 $5,600 $7,753 $2,153 Original budget had no residential displacements. Now, there are potentially 11 residental displacements, pending final design impacts.

2.3 Final Relocation Plan 8 8 $577 $577 $1,257 $1,257 $0 No Increase.

ODCs (mileage, postage) $500
Mileage and postage increased due to a 300% increase in potential displacements, phased funding requirements and splitting of case assignments.

Hours Subtotal: 88 0 0 24 20 132 77
Cost Subtotal: $6,346 $0 $0 $981 $673 $3,964 $8,000 $500 $8,638

3.0 ACQUISITION Scope of work increased from 39 parcel with 24 separate ownerships to 54 parcels with 47 separate ownerships.

3.1 Review Title Reports 14 66 66 146 $3,858 $6,563 $8,407 $14,300 $5,893 Parcels have been removed and added to project scope, after 30% design review.

3.2a Phase I Rincon 0 $0 $0 $64,000 $0 $0 $0 Original budget did not include environmental work since the RFP said it was done.

3.2b Phase II - anticipate 32 properties $0 $0 $312,434 $0 $0 $0 Original budget did not include environmental work since the RFP said it was done.

3.3 Appraisal Inspection 10 80 60 150 $4,385 $7,356 $9,555 $16,029 $6,474 Due to the public sensitivity of project, CPSI must attend all inspections.

3.4a Obtain Appraisals (Fee & Review) 50 10 60 $1,904 $2,957 $240,000 $4,149 $6,443 $2,294 Anticipate appraisals or valuation on up to 42 parcels.

3.5 QA/QC Appraisal Reports 60 60 18 138 $3,808 $8,135 $8,297 $17,726 $9,429 The number of reports have doubled due to separate ownerships on revised design.

3.6 Offer Letter 12 60 30 60 162 $4,183 $7,212 $9,115 $15,715 $6,600 Offer letter and documents are not standard. There are now less parcels owned by the same owner, increasing offer package counts.

3.7 Acquisition Negotiations/Settlements 80 400 300 120 900 $33,216 $42,981 $72,382 $93,659 $21,277 Project parameters have become difficult due to schedule and funding. More owner contacts will be necessary.

3.8 Complete Acquisition Documents 12 60 30 60 162 $5,697 $7,212 $12,415 $15,715 $3,300 Increase case number requires more manpower on document preparation.

3.9 Monitor Escrows 40 100 50 190 $6,656 $8,029 $14,505 $17,496 $2,991 Increase case number requires more manpower on escrow coordination work.

3.10 File & Database Administration 60 132 60 265 517 $14,337 $22,505 $31,241 $49,040 $17,799 Additional time must be spent due to an almost "design-bid" approach, number of changes being made to design, affect data, and urgency to keep the system current.

3.11 Project Team Meetings 150 80 80 80 390 $9,577 $21,010 $20,869 $45,782 $24,913 With project sensitivity and a consolidated schedule, additional meetings are required.

3.12 Close Out Acquisition File 20 60 30 60 170 $6,873 $7,788 $14,976 $16,972 $1,996 Additional cases and probobility of needing a Cert 3 will require more oversight.

ODCs (mileage, postage) $2,500
Additional field visits during planning verses condensed acquisition phase equates to an increase in mileage cost.

Hours Subtotal: 418 1088 718 0 761 2985 2004
Cost Subtotal: $30,144 $54,923 $31,067 $0 $25,611 $94,493 $141,745 $618,934 $205,911

4.0 RESIDENTIAL RELOCATION Residential displacements went for none to five residental housing displacements.

4.1 Conduct Displacee Interviews 20 44 64 $0 $2,808 $0 $6,118 $6,118

4.2 General Informational Notices 22 22 $0 $899 $0 $1,959 $1,959

4.3 Market Study 20 40 60 $0 $2,644 $0 $5,762 $5,762

4.4 Relocation Advisory Services 90 180 270 $0 $11,899 $0 $25,929 $25,929

4.5 Prepare PPD/RAP Entitlements 22 28 50 $0 $2,255 $0 $4,913 $4,913

4.6 Process Relocation Claims 44 44 $0 $1,798 $0 $3,918 $3,918

4.7 Close Out Relocation Files 11 22 33 $0 $1,454 $0 $3,169 $3,169

4.8 Property Management Oversight 40 240 40 320 $0 $16,346 $0 $35,620 $35,620 CPSI's original budget had no property management. Services are necessary for rent collection, maintenance, and property clearance activities.

ODCs (mileage, postage) $4,000
Hours Subtotal: 40 403 0 380 0 543 0
Cost Subtotal: $2,885 $20,344 $0 $15,529 $0 $0 $40,103 $4,000 $0

5.0 BUSINESS RELOCATION Displacements increased from 10 businesses to 17 business relocations.

5.1 Conduct Displacee Interviews 40 20 60 $2,861 $2,837 $6,233 $6,181 -$52

5.2 Relocation Payment Eligibility 80 20 100 $5,313 $4,856 $11,576 $10,581 -$995

5.3 Identify Displacee Needs 80 40 120 $4,279 $5,673 $9,324 $12,362 $3,038

5.4 FF&E and Goodwilll Appraisals 20 20 $1,587 $1,010 $40,000 $3,457 $2,200 -$1,257 FF&E appraisals were reduced after our site visits determined them not necessary.

More oversight wil be needed to address personal property within actual relocation.

5.5 Relocation Advisory Services 400 400 $27,404 $20,192 $59,716 $44,001 -$15,715

5.6 Provide Replacement Sites 80 240 320 $13,846 $13,846 $30,172 $30,172 $0

5.7 Process Relocation Claims 40 40 80 160 $4,615 $6,346 $10,057 $13,829 $3,772

5.8 Close Out Relocation Files 40 40 20 100 $3,606 $4,327 $7,857 $9,429 $1,572 Additional case count requires additional file to be closed.

5.9 Property Management Oversight 80 240 80 400 $0 $20,577 $0 $44,839 $44,839 CPSI's original budget had no property management. Services are necessary for rent collection, maintenance, and property clearance activities.

ODCs (mileage, postage) $5,000
Significant number of site visits will be required to coordinate the move under E76 delivery date and clearance date projections.

Hours Subtotal: 80 1020 0 400 180 1280 1198
Cost Subtotal: $5,769 $51,490 $0 $16,346 $6,058 $63,510 $79,663 $45,000 $138,392 Hours Totals: 2670 2571 742 816 1101 7900 3815
Direct Labor, Expenses Totals: $192,548 $129,786 $32,106 $33,346 $37,053 $426,185 $670,934 $928,700 ODC $670,934
CONTRACT SUMMARY TOTAL $1,599,634
Total Direct Labor Cost: $426,185
TotalOverhead (Indirect) Cost: $418,088
Total Fee (Profit): $84,427
Sub Total: $928,700
Total Direct Expenses: $670,934 (pass-thru cost)
Total Contract Cost: $1,599,634
Existing Contract $734,947.00
Additional Funds Request $864,687
PROPERTY SPECIALISTS, INC. (CPSI) - AMENDED FEE PROPOSAL WORKSHEET MODESTO SR-132 WEST FREEWAY/EXPRESSWAY PROJECT
Actual Hourly Rate Per Exhibit 10-H
Tasks Human Resources (Hours)
Original budget and impacts to properties did not require residential relocations.

Displacement numbers and ability to relocate on a very tight scheulde to ensure Cert 3 work around will be viable and will require additional manpower.

The partial acquisition on the Melton and Olmsted property adds at least 7 impacted units when building is cut and refaced to accommodate right of way requirements.

The partial acquisition on the Melton and Olmsted property adds at least 7 impacted units when building is cut and refaced to accommodate right of way requirements. #9..

P R O P E R T Y S P E C I A L I S T S , I N C . ( C P S I ) 1 1 1 1 J S t r e e t , S u i t e M - 1 0 9 | M o d e s t o , C a l i f o r n i a 9 5 3 5 4 ( 2 0 9 ) 2 2 2 - 6 9 8 2 | w w w . c p s i - r o w . c o m February 2, 2018
City of Modesto
Attn: John Rawles, Project Manager
1010 Tenth Street, Suite 3100
Modesto, CA 95353
Revised CPSI Budget: SR-132 West Freeway/Expressway Phase I Project Dear John,
CPSI is requesting an amended budget to address the increased scope of work and modifications to the project. The original contract ($735,000) was based on preliminary designs (prepared by Jacobs Engineering). As Dokken Engineering made improvements to the design, CPSI’s responsibilities significantly increased. We have prepared the attached revised overall budget for the anticipated work, which details our request for an additional $864,687 (including $376,434 in pass-through fees for the required environmental services). In addition, we have included a list of the updated parcels. CPSI’s amended budget is a result of the following two major modifications to the project and scope of work, including:

1. Environmental Requirements:
• Hazardous Materials Disclosure Document (HMDD)
Per Caltrans requirements, each parcel must be analyzed to properly complete an HMDD.

This document serves to notify Caltrans which parcels are environmentally cleared for transfer and which parcels have environmental issues preventing them from being acquired. The HMDD cannot be completed without completing Phase I and Phase II Environmental Site Assessments (ESAs). Because Phase I and Phase II ESAs, site inspections and applicable testing have not been completed, the HMDD cannot be completed, and therefore, Caltrans will not accept the transfer of any properties. • Environmental Analysis in the Original PAED Document
The PAED document concentrated on a program-specific approach, stock pilings and commercial parcels east of the 99 Freeway. Caltrans requires that Environmental Site Assessments be based on individual site assessments and will not accept the programspecific approach that was originally completed. As a result, 42 parcels need environmental site assessment work before the acquisition process can be completed. • Standard Practice for Environmental Analysis in PS&E
During the acquisition phase, it is standard for Phase I and Phase II Environmental Site Assessments to be completed alongside the appraisal process. This is also the standard practice with Caltrans. As is the case with this project, Phase I and Phase II ESAs are not normally completed during the PAED phase of the project. • Increased Budget for Environmental Analysis
With the mandatory requirement to complete Phase I and Phase II ESAs, CPSI will include a subconsultant to complete the work. The cost associated with the environmental assessment is $376,434. All environmental fees will be billed as a straight pass-through cost with no mark-up.
#9..
- 216 -
PAGE 2

2. Updated Design:

The original Jacobs design reflected 39 parcels with 24 property owners. Because of Dokken’s updated design, which varies considerably from Jacob’s design, the total parcel count increased to 56 with a total of 49 property owners. Additionally, there are approximately 21 residential and business relocations. The original Jacobs design resulted in 10 relocations, but the number has more than doubled based on the latest design.

In addition to the resources needed for field production work, CPSI’s Project Manager has and will need to continue to provide a substantial amount of project management support services to the stakeholder involved with this project. CPSI’s original proposal was prepared with the assumption of getting environmental approval by the end of 2017, allowing a traditional appraisal and acquisition process spread over 14 to 16 months. With the EIR and Caltrans approval process (E-76) being delayed at least four additional months, CPSI’s Project Manager will need to spend additional resources to develop strategies, work with applicable stakeholders, and oversee the environmental process. Without the resources outlined above, this project cannot be delivered as scheduled and the acquired parcels will not be accepted into Caltrans’ highway system.

The following is a summary of the costs associated with the additional work:

Original New Increase
CPSI (Labor) $421,247 $928,700 $507,453
Pass-Through $313,700 $670,934 $357,234 (Appraisal, Environmental) Total $734,947 $1,599,634 $864,687
Please let me know if you have any questions or require additional information.

Sincerely,
Kent Jorgensen
Delivery Manager
(949) 299-5306
[email protected]
#9..
- 217 -
PAGE 3
REVISED PARCELS: SR-132 WEST FREEWAY/EXPRESSWAY PHASE I PROJECT Acquisition Type Total Map Numbers
Full Acquisitions 4 96, 83, 84, 85
Partial Acquisitions 24 4, 5, 17, 18, 19, 95, 20, 21, 25, 26, 27, 28, 29, 30, 31, 32, 33, 35, 65, 66, 70, 74, 86, TBD (16 or 24)
Full/Partial Acquisitions 4 22, 67, 71, 23
TCE Only 12 99, 97, 100, 101, 47, 48, 49, 63, 64, 72, 73, 88 Permit to Enter (PTE) 8 9, 10, 11, 12, 13, 14, 15, 93
MID 4 102, 103, 104, 105
#9..
- 218 -
#9..
- 219 -
#9..
- 220 -
#9..
- 221 -
#9..
- 222 -
#9..
- 223 -
#9..
- 224 -
#9..
- 225 -
#9..
- 226 -
#9..
- 227 -
#9..
- 228 -
#9..
- 229 -
#9..
- 230 -
#9..
- 231 -
#9..
- 232 -
#9..
- 233 -
#9..
- 234 -
#9..
- 235 -
#9..
- 236 -
#9..
- 237 -
#9..
- 238 -
#9..
- 239 -
#9..
- 240 -
#9..
- 241 -
#9..
- 242 -
#9..
- 243 -
#9..
- 244 -
#9..
- 245 -
#9..
- 246 -
#9..
- 247 -
#9..
- 248 -
#9..
- 249 -
#9..
- 250 -
#9..
- 251 -
#9..
- 252 -
#9..
- 253 -
#9..
- 254 -
#9..
- 255 -
#9..
- 256 -
#9..
- 257 -
#9..
- 258 -
#9..
- 259 -
#9..
- 260 -
#9..
- 261 -
#9..
- 262 -
#9..
- 263 -
EXHIBIT A-3 5/13/2020
INTERWEST CONSULTING GROUP, INC. (AKA CPSI)
AGREEMENT FOR PROPERTY MANAGEMENT SERVICES FOR STATE ROUTE 132 WEST FREEWAY/EXPRESSWAY - PHASE 1 PROJECT
AUTHORIZED ORIGINAL BASE AGREEMENT: $735,000.00 Council approved 8/8/17 ADDITIONAL SERVICES, IF NEEDED: $73,500.00 CM Signed 2/14/18 TOTAL COMPENSATION: $808,500.00
AUTHORIZED FIRST AMENDMENT: $864,687.00 Council approved 2/27/18 ADDITIONAL SERVICES, IF NEEDED: $86,500.00 CM Signed 10/16/18 TOTAL COMPENSATION: $951,187.00
AUTHORIZED SECOND AMENDMENT: $1,356,773.00 Council approved 11/27/18 ADDITIONAL SERVICES, IF NEEDED: $135,677.00 CM Signed
TOTAL COMPENSATION: $1,492,450.00
AUTHORIZED THIRD AMENDMENT: $246,159.50 Council approved TBD ADDITIONAL SERVICES, IF NEEDED: $24,615.95
TOTAL COMPENSATION: $270,775.45
NEW TOTAL COMPENSATION: $3,522,912.45
#9..
- 264 -
EXHIBIT A-3 5/13/2020
#9..
- 265 -
#9..
- 266 -
#9..
- 267 -
#9..
- 268 -
#9..
- 269 -
#9..
- 270 -
#9..
- 271 -
Avner Alkhas, Chief Financial Officer
Thomas G. Brackett, CEO
#9..
- 272 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

October 11, 2022
Date: September 27, 2022
TO: Mayor & City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Alan Ernst, Fire Chief
SUBJECT: CalOES Vehicle Transfer Agreement
CONTACT: Alan Ernst, [email protected], 209-572-9590 DESCRIPTION:

Consider approving an Agreement with the State of California Office of Emergency Services, to temporarily house and maintain a Type 6 fire engine and its associated equipment. (Funding Source: General Fund)
STRATEGIC PLAN ELEMENT:

This action supports the City of Modesto 2020-2025 Strategic Plan focus on quality of life under Goal A: Improve Community Safety.

BACKGROUND:

The California Governor’s Office of Emergency Services (CalOES) has selected the Modesto Fire Department (MFD) to house and maintain a Type 6 fire engine, complete with equipment.

The use of the vehicle is intended to provide aid for the following all-hazard events, emergency incidents, civil defense, and disaster purposes: mutual aid; multiple alarm events and emergency incidents; emergency incidents threatening properties vital to national defense or important military installations; parades and displays; training of regular, volunteer and auxiliary firefighters; temporary standby for MFD’s regular fire engine and the regular fire engines of other fire departments while out of service for repairs.

DISCUSSION
The term of the agreement is for ten years, from October 30, 2022, through October 30, 2032. If MFD enters into the agreement with CalOES, it would require MFD to house, maintain and respond with the apparatus when requested. Maintenance would include: care of batteries, tires, appliances, lubrication, fuel, general cleaning and minor repairs. Repairs that are $100 or less are the responsibility of the City of Modesto. Repairs that exceed $100 are the responsibility of CalOES on a $100.00 deductible basis.
#10..
- 273 -
City Council, October 11, 2022
CalOES Vehicle Transfer Agreement

Page 2 of 2 ends

Modesto City CouncilOctober 11, 2022

Modesto City Council
October 11, 2022