Modesto City Council
November 1, 2022

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

CITY COUNCIL MEETING
Chambers, Basement Level
Tenth Street Place, 1010 10th Street
Modesto, California
Tuesday, November 01, 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.
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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.
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 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: Shalom Bochner, Congregation Beth Shalom
City Clerk’s Announcements
Declaration of Conflicts of Interest

ACKNOWLEDGEMENTS AND PRESENTATIONS

1. Proclamation recognizing November 11th as Veterans Day. (Funding Source: Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected]

2. Proclamation declaring November 26, 2022 as Small Business Saturday. (Funding Source: Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected]

PUBLIC COMMENT PERIOD
Please refer to special public comment instructions above.

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

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 Unless some member of the audience or Councilmember has a question concerning an item and asks that it be withdrawn from the consent list, the Council approves the items at one time.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

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

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

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

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

Consent

3. Consider approving the Minutes from the October 25, 2022 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
 Motion approving the Minutes from the October 25, 2022 Council Meeting.

CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] - 4 -
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Consent

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

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

5. Consider approving a Community Benefit Agreement between City of Modesto and Center for Human Services for the purpose of providing the Community Benefit Payment on behalf of Canopy Growth USA, LLC. (Funding Source: Cannabis Community Benefit)
Staff Recommendation:
 Resolution approving a Community Benefit Agreement between City of Modesto and Center for Human Services for the purpose of providing the Community Benefit Payment on behalf of Canopy Growth USA, LLC authorizing the City Manager or his designee, to execute the Agreement.  Resolution amending the Fiscal Year 2022-2023 multi-year fund budget to establish applicable revenue, expense and transfer budgets for the Community Benefit Payment to Center for Human Services on behalf of Canopy Growth USA, LLC to be funded with Cannabis Community Benefit Funds and authorizing the City Manager or his designee, to take the necessary steps to implement the provisions of this Resolution.

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

6. Consider accepting the Economic Development Initiative (EDI), Community Project Funding and awarding Downtown Streets Team (DST) a grant of $400,000 to support the permanent housing component of Camp2Home. (Funding Source: Economic Development Initiative, Community Project Funding award) Staff Recommendation:
 Resolution accepting the Economic Development Initiative, Community Project Funding, and awarding Downtown Streets Team a grant of $400,000 to support the permanent housing component of Camp2Home, and designating the City Manager, or his designee, to negotiate, and execute any related program Agreements, contracts or other documentation required for implementation.  Resolution amending the Fiscal Year 2022-2023 multi-year fund budget to establish applicable revenue, expense, and transfer budgets for the Economic Development Initiative Community Project Funding Award Funds and authorizing the City Manager or his designee, to take the necessary steps to implement the provisions of this Resolution.

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

7. Consider approving an Agreement with Michael Baker International for the development of the 6th Cycle General Plan Housing Element Update, in an amount not to exceed $349,790. (Funding Source: Local Early Action Planning (LEAP) Grant, SB2 Planning Grant)
Staff Recommendation:
 Resolution approving the Agreement with Michael Baker International for the development of the 6th Cycle General Plan Housing Element Update, for an amount not to exceed $349,790 and authorizing the City Manager, or his designee, to execute the Agreement.

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

8. Consider approving an extension of the eight Commercial Cannabis Retail Permits for dispensaries in the City from December 19, 2022 to June 30, 2023 and thus adjusting the two-year renewal period from a calendar year to a fiscal year which runs from July to June. (Funding Source: Cannabis Permit Fees)
Staff Recommendation:
 Resolution approving the extension of the eight Commercial Cannabis Retail Permits for dispensaries in the City from December 19, 2022 to June 30, 2023 and thus adjusting the two-year renewal period from a calendar year to a fiscal year which runs from July to June.

CED; Sean Rando, 209-577-5473, [email protected]
Consent

9. Consider approving the grant of a Permanent Utility Easement to Pacific Gas and Electric Company (PG&E) for electrical facilities within the Grayson Well 69 Project area, located at 1840 Mary Street, Grayson, CA 95363, APN: 016-034-015, owned by the City of Modesto. (Funding Source: Water Fund)
Staff Recommendation:
 Resolution approving the grant of a Permanent Utility Easement to Pacific Gas and Electric Company for electrical facilities within the Grayson Well 69 Project area, located at 1840 Mary Street, Grayson, CA 95363, APN: 016-034- 015, owned by the City of Modesto and authorizing the City Manager or his designee to execute the grant of easement and all related documents.

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

10. Consider approving the First Amendment with Muniquip Inc., Roseville, CA, for the purchase of Wemco/Hidrostal pump parts and/or electrical components, to a revised total amount not to exceed $250,237 over five years. (Funding Source: Sewer and Stormwater Fund)
Staff Recommendation:
 Resolution approving the First Amendment increasing the Agreement amount with Muniquip Inc., Roseville, CA, for the purchase of Wemco/Hidrostal pump parts and/or electrical components by $170,237 from $80,000, for a new total - 6 -
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amount not to exceed $250,237 over five years and authorizing the Director of Finance or her designee, to execute the Amendment.

UTILITIES; Monte Hamilton, 209-342-4505, [email protected] Consent

11. Consider approving an Agreement with West Yost Associates, Sacramento, CA, for Engineering Design Services for the Grayson Water Infrastructure Project in a total amount not to exceed $1,611,410. (Funding Source: Water Fund) Staff Recommendation:
 Resolution approving an Agreement with West Yost Associates, of Sacramento, CA, for Engineering Design Services for the Grayson Water Infrastructure Project in the amount of $1,464,918 for the identified Scope of Services, plus $146,492 in additional services, if needed, for a total amount not to exceed $1,611,410 and authorizing the City Manager, or his designee, to execute the Agreement.
 Resolution amending the Fiscal Year 2022/23 Capital Improvement Program Budget in the amount of $703,461 to be transferred into Project 101081 from Water Fund Reserves in order to fund the design phase of the Grayson Water Infrastructure Project and authorizing the City Manager, or his designee to implement the provisions of this Resolution.

UTILITIES; Edgar Vargas, 209-571-5424, [email protected] Consent

12. Consider approving an Agreement with West Yost Associates, Sacramento, CA, for Engineering Services for the development of a Groundwater Well Strategy Plan in a total amount not to exceed $110,990 and amending the Fiscal Year 2022/23 Multi-Year Program Budget. (Funding Source: Water Fund)
Staff Recommendation:
 Resolution approving an Agreement with West Yost Associates, of Sacramento, CA, for Engineering Services for the development of a Groundwater Well Strategy Plan in the amount of $100,900 for the identified Scope of Services, plus $10,090 in additional services, if needed, for a total amount not to exceed $110,990 and authorizing the City Manager, or his designee, to execute the Agreement.
 Resolution amending the Fiscal Year 2022/23 Multi-Year Program Budget in the amount of $126,125 to be transferred into the Project from Water Fund Reserves in order to fund the development of a Groundwater Well Strategy Plan.

UTILITIES; Jim Alves, 209-571-5557, [email protected]

COUNCIL COMMENTS & REPORTS

CITY MANAGER COMMENTS & REPORTS
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HEARINGS
Published in the Modesto Bee on October 12, 2022

13. Hearing to consider the application of the Arcadia Development Company for a proposed Amendment to the City of Modesto Urban Area General Plan, to amend 25 acres from Regional Commercial (RC) to Residential (R), and to consider a proposed Amendment to the Tivoli Specific Plan, to amend 25 acres from Regional Serving Commercial (RSC) uses to Low Density Residential (LDR-15) and 29.3 acres from Medium Density Residential (MDR) to Low Density Residential (LDR-14) for properties located east of Oakdale Road and north of Mable Avenue, and southeast of future Aria Way and north of McReynolds Ave. (Funding Source: Developer Funded) Staff Recommendation:
 Resolution approving an amendment to the Modesto Urban Area General Plan to change the land use designation of 25 acres from Regional Commercial (RC) uses to Residential (R), property located north of Mable Avenue and east of Oakdale Road.
 Resolution approving Specific Plan Amendment No. 3 to the Tivoli Specific Plan, to change the land use designation of 25 acres from Regional Serving Commercial (RSC) to Residential (R), and 29.3 acres from Medium Density Residential (MDR) to Low Density Residential (LDR).
 Resolution adopting a Negative Declaration for a General Plan Amendment to change the land use designation of 25 acres from Regional Commercial (RC) to Residential (R), property located north of Mable Avenue and east of Oakdale Road, together with Amendment No. 3 to the Tivoli Specific Plan to change the land use designation of 25 acres from Regional Serving Commercial (RSC) to Low Density Residential (LDR), and 29.3 acres from Medium Density Residential (MDR) to Low Density Residential (LDR) in the Land Use Diagram of the Specific Plan.

CED; Katharine Martin, 209-577-5465, [email protected] Published in the Modesto Bee on October 21, 2022.

14. Hearing to consider the application and issuance of a Permit to Operate as a NonEmergency Medical Transport Company to Rose Medical Transportation in the City of Modesto. (Funding Source: General Fund)
Staff Recommendation:
 Resolution approving the application of Rose Medical Transportation, and authorizing the issuance of a Permit to Operate as a Non-Emergency Medical Transport Company in the City of Modesto.

POLICE DEPARTMENT; Bob Meredith, 209-572-9500, [email protected]

MATTERS TOO LATE FOR THE AGENDA
These may be presented by members of the City Council and staff upon determination by a majority vote that an emergency exists, as defined by State law, or by a 2/3 vote that (1) there is a need to take immediate action, and (2) that the need for action came to the City’s attention after the agenda was posted.
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ADJOURNMENT
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
at by
date time signature
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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 25, 2022 at 5:30 PM
Roll Call – Present: Councilmembers Escutia-Braaton, Kenoyer, Madrigal (arrived 5:02 pm), Ricci, Wright, Mayor Zwahlen

Absent: None
Pledge of Allegiance to the Flag
Invocation: Cindy Marks, Pray Modesto
City Clerk’s Announcements: City Clerk reported email correspondence was received for Item 16 and forwarded to the Council.

Declaration of Conflicts of Interest: Mayor Zwahlen Item 16, Pursuant to Section 2-8.01 of the City’s Municipal Code related to campaign reform.

ACKNOWLEDGEMENTS AND PRESENTATIONS

1. Stanislaus County Update (Funding Source: Not Applicable) CITY MANAGER; Joseph Lopez, 209-577-5223, [email protected] ACTION: Mani Grewal, Stanislaus County Board of Supervisor's provided a County update.
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2. Proclamation declaring November 2022 as Lung Cancer Awareness Month (Funding Source: Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected] ACTION: Mayor Zwahlen read a Proclamation declaring November 2022 as Lung Cancer Awareness Month.

MISCELLANEOUS

3. Consider approving the Appointments Committee recommendations to fill two City of Modesto vacancies on the Blight Abatement Advisory Committee for a four-year term. (Funding Source: Not Applicable)
Staff Recommendation:
 Resolution approving the appointment of Bryan Marks and Frank Ploof to the Blight Abatement Advisory Committee to serve a four-year term beginning November 1, 2022 through October 13, 2026.

CITY MANAGER; Scotty Douglass, 209-577-9149, [email protected] ACTION: (Wright/Ricci; 6/0) Resolution 2022-421 approving the appointment of Bryan Marks and Frank Ploof to the Blight Abatement Advisory Committee to serve a four-year term beginning November 1, 2022 through October 13, 2026.

PUBLIC COMMENT PERIOD
• Ronald Dafford spoke about sidewalks, ADA issues and civil rights violations. He spoke about his attempts to talk with City staff and officials about ADA issues. • Patrick commented on the shooting of Paul Chavez, Jr. He also commented on Officers Lamantia and Muncy. He stated that the District Attorney needs to pick up the case.
• Tina Perez Tateo, Modesto Cruisers Council spoke in support of lifting the ban on cruising. She also spoke about the first Crush Cancer Cruise held this month that benefited the Modesto Cancer Society.
• Steve read aloud the information posted online regarding special instructions for public comment. He also commented about the shooting of Paul Chavez, Jr. • Adrian Harrell, President of Modesto Sister Cities International provided an update on the activities of the organization. She reported on the contributions the organization made to Ukraine and reported on upcoming events. • Johnathan Williams mentioned the names of Paul Chavez’s three sons, Paul III, Abraham and Josiah. He commented on the shooting of Paul Chavez and spoke in support of the Modesto Cruisers.
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• Arthur Fabela spoke about residential development and the municipal golf course and stated that further discussion is needed.
• Brittony Estrella Chavez commented on the death of her husband Paul Davis Chavez, Jr. She also spoke about Officers Valencia and Muncy. She asked for the District Attorney to pick up the charges.
• Raelene commented about the shooting of Paul Chavez, Jr, and Officer Muncy. • Ramon Rodriguez commented on Officer Espinoza and Alonzo Nunes. He asked if Officer Espinoza is still on the job. He asked for accountability. • J commented on policies, regulations and laws, city budget and redistricting. She spoke about victims of police violence and commented on Measure H. She asked for a public reevaluation of the city's budget.
• Alissa Hagar spoke about Paul Chavez, Jr., and Officer Muncy. She also commented on mutual respect.
• Teresa Clutter spoke about the shooting of her son-in-law, Paul Chavez, Jr., by Officer Sam Muncy.
• Emerson Drake spoke about electioneering and the upcoming election. He commented on the recent Modesto Bee opinion article and endorsements. He also commented on poll watchers at ballot boxes.

Recessed: 6:49 pm
Reconvened: 6:59 pm
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS 4-12 and 14-15: (Kenoyer/Madrigal; 6/0)

CONSENT
Consent

4. Consider approving the minutes from the October 11, 2022 Council Meeting. (Funding Source: Not Applicable)
 Motion approving the minutes from the October 11, 2022 Council Meeting.

CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Kenoyer/Madrigal; 6/0) Motion approving the minutes from the October 11, 2022 Council Meeting.

Consent
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5. Consider approving a Homeowner Rehabilitation Loan in the amount of $80,251 and a Homeowner Rehabilitation Grant in the amount of $10,000 for a total project cost of $90,251 to Christopher and Stacey Gates for health and safety repairs to the residential property located at 1125 Springcreek Drive, Modesto, CA 95355. (Funding Source:

Community Development Block Grant Funds)
 Resolution approving a Homeowner Rehabilitation Loan in the amount of $80,251 and a Homeowner Rehabilitation Grant in the amount of $10,000 to Christopher and Stacey Gates for health and safety repairs to the residential property located at 1125 Springcreek Drive, Modesto, CA 95355 and authorizing the City Manager to execute the Agreements.

CED; Jessica Hill, 209-577-5321, [email protected]
ACTION: (Kenoyer/Madrigal; 6/0) Resolution 2022-422 approving a Homeowner Rehabilitation Loan in the amount of $80,251 and a Homeowner Rehabilitation Grant in the amount of $10,000 to Christopher and Stacey Gates for health and safety repairs to the residential property located at 1125 Springcreek Drive, Modesto, CA 95355 and authorizing the City Manager to execute the Agreements.

Consent

6. Consider approving a Will Serve Letter and Outside Service Agreement for Sewer Service for the property located at 2117 Parr Avenue (APN: 081-022-020). (Funding Source: Sewer Fund, General Fund)
 Resolution approving a Will Serve Letter and Outside Service Agreement for Sewer Service for the property located at 2117 Parr Avenue in Modesto (APN:
081-022-020), 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/Madrigal; 6/0) Resolution 2022-423 approving a Will Serve Letter and Outside Service Agreement for Sewer Service for the property located at 2117 Parr Avenue in Modesto (APN: 081-022-020), and authorizing the City Manager, or his designee, to sign the Will Serve Letter and execute the Outside Service Agreement.

Consent

7. Consider approving a one-time purchase for five Hayward Gordon Pumps from Hayward Gordon Group, Ontario, Canada, for an amount not to exceed of $135,278. (Funding Source: Wastewater Fund)
 Resolution approving a one-time purchase for five Hayward Gordon Pumps from Hayward Gordon Group, Ontario, Canada, for an amount not to exceed of $135,278, and authorizing the Director of Finance, or her designee to execute the Purchase Order.

FINANCE DEPARTMENT; Cynthia Kline, 209-577-5412, [email protected] ACTION: (Kenoyer/Madrigal; 6/0) Resolution 2022-424 approving a one-time purchase for five Hayward Gordon Pumps from Hayward Gordon Group, Ontario, #3..
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Canada, for an amount not to exceed of $135,278, and authorizing the Director of Finance, or her designee to execute the Purchase Order.

Consent

8. Consider approving the Award of Proposal and Agreement for the Furnishing of External Auditing Services to Vasquez and Company LLC, Glendale, California, for a three year Agreement with two one-year extension options, for an estimated annual cost of $142,228, and over five years of $715,000. (Funding Source: General Fund, Housing Urban Development Funds, Utility Funds, Community Facility Districts, and Ceres-Modesto Industrial Fire District)
 Resolution approving the Award of Proposal and Agreement for the Furnishing of External Auditing Services to Vasquez and Company LLC, Glendale, California, for a three-year Agreement with two one-year extension options, for an estimated annual cost of $142,228, and over five years of $715,000; and authorizing the City Manager or his designee to execute the Agreement.

FINANCE DEPARTMENT; Cynthia Kline, 209-577-58412, [email protected] ACTION: (Kenoyer/Madrigal; 6/0) Resolution 2022-425 approving the Award of Proposal and Agreement for the Furnishing of External Auditing Services to Vasquez and Company LLC, Glendale, California, for a three-year Agreement with two oneyear extension options, for an estimated annual cost of $142,228, and over five years of $715,000; and authorizing the City Manager or his designee to execute the Agreement.

Consent

9. Consider approving an Agreement with Nutrien Ag Solutions, Sacramento, CA, for Weed Abatement Chemical Premix known as (Aqumix Proprietary Custom Pre-blend) for a total amount not to exceed $350,000 over five years. (Funding Source:

Wastewater and Water Fund)
 Resolution approving the Sole Source Purchase Agreement with Nutrien Ag Solutions, Sacramento, CA, for Weed Abatement Chemical Premix known as (Aqumix Proprietary Custom Pre-blend) for a one-year Agreement with four one-year extension options, for an annual estimated amount of $70,000, and a total amount not to exceed $350,000 over five years and authorizing the Director of Finance, or her designee to execute the Purchase Agreement.

FINANCE DEPARTMENT; Cynthia Kline, 209-577-5412, [email protected] ACTION: (Kenoyer/Madrigal; 6/0) Resolution 2022-426 approving the Sole Source Purchase Agreement with Nutrien Ag Solutions, Sacramento, CA, for Weed Abatement Chemical Premix known as (Aqumix Proprietary Custom Pre-blend) for a one-year Agreement with four one-year extension options, for an annual estimated amount of $70,000, and a total amount not to exceed $350,000 over five years and authorizing the Director of Finance, or her designee to execute the Purchase Agreement.

Consent
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10. Consider accepting an informational report on the May and June 2022 grant applications and awards. (Funding Source: Not Applicable)  Motion accepting an informational report for the May and June 2022 grant applications and awards.

FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Kenoyer/Madrigal; 6/0) Motion accepting an informational report for the May and June 2022 grant applications and awards.

Consent

11. Consider accepting the Fiscal Year 2022-2023 Cal Fire Rural Fire Capacity (RFC) Program Grant Award in the amount of $39,800, which includes a 50% local match, for the procurement of Wildland Firefighting Equipment. (Funding Source: General Fund)
 Resolution accepting the Fiscal Year 2022-2023 Cal Fire Rural Fire Capacity (RFC) Program Grant Award in the amount of $39,800, which includes a 50% local match, for the procurement of Wildland Firefighting Equipment.

FIRE DEPARTMENT; Alan Ernst, 209-572-9590, [email protected] ACTION: (Kenoyer/Madrigal; 6/0) Resolution 2022-427 accepting the Fiscal Year 2022-2023 Cal Fire Rural Fire Capacity (RFC) Program Grant Award in the amount of $39,800, which includes a 50% local match, for the procurement of Wildland Firefighting Equipment.

Consent

12. Consider approval of a Sole Source Renewal Agreement with CivicPlus for continued, uninterrupted hosting and maintenance of the City’s website for a four-year term for a total amount not to exceed $164,285. (Funding Source: Information Technology Fund)  Resolution approving the Sole Source Agreement with CivicPlus for the continued, uninterrupted hosting and maintenance of the City of Modesto’s website (www.modestogov.com) for a four-year term at an amount of $149,350 plus a 10% contingency in the amount of $14,935 for a total amount not to exceed $164,285; and authorizing the City Manager, or his designee, to execute the Agreement.

IT; Scott Conn, 209-577-5229, [email protected]
ACTION: (Kenoyer/Madrigal; 6/0) Resolution 2022-428 approving the Sole Source Agreement with CivicPlus for the continued, uninterrupted hosting and maintenance of the City of Modesto’s website (www.modestogov.com) for a four-year term at an amount of $149,350 plus a 10% contingency in the amount of $14,935 for a total amount not to exceed $164,285; and authorizing the City Manager, or his designee, to execute the Agreement.
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Consent – Removed from Consent

13. Consider accepting the Del Rio Tank No. 14, Well No. 68, and Pump Station Project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $10,203,691 to Mountain Cascade, Inc., of Livermore, CA. (Funding Source: Water Fund-CIP)
 Resolution accepting the Del Rio Tank No. 14, Well No. 68, and Pump Station Project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $10,203,691 to Mountain Cascade, Inc., Livermore, CA.

UTILITIES; Pete Kambel, 209-577-5444, [email protected] ACTION: (Wright/Ricci; 6/0) Resolution 2022-429 accepting the Del Rio Tank No. 14, Well No. 68, and Pump Station Project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $10,203,691 to Mountain Cascade, Inc., Livermore, CA.

Consent

14. Consider approving an increase in the Director’s authority to issue Change Orders from 21% ($25,000) to 27% ($32,823) of the original construction contract price of $121,750; accepting the Rebid Fire Station 5 Kitchen Remodel Project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $154,573 to O.K. Construction, of Antelope, CA. (Funding Source: General Fund)
 Resolution accepting the Rebid Fire Station 5 Kitchen Remodel Project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $154,573 to O.K.

Construction, Antelope, CA.
 Resolution authorizing an increase to the Director of Utilities authority for Change Orders for the Rebid Fire Station 5 Kitchen Remodel Project to the total amount of $32,823 (27% of the original contract price).

UTILITIES; Pete Kambel, 209-577-5444, [email protected] ACTION: (Kenoyer/Madrigal; 6/0) Resolution 2022-430 accepting the Rebid Fire Station 5 Kitchen Remodel Project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $154,573 to O.K. Construction, Antelope, CA.

ACTION: (Kenoyer/Madrigal; 6/0) Resolution 2022-431 authorizing an increase to the Director of Utilities authority for Change Orders for the Rebid Fire Station 5 Kitchen Remodel Project to the total amount of $32,823 (27% of the original contract price).

Consent

15. Consider approving a First Amendment to the Agreement with Bartle Wells Associates, Berkeley, CA, for the Wastewater Rate Study & Proposition 218 #3..
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Assistance in the amount of $29,900, for an amended total amount not to exceed $149,175. (Funding Source: Wastewater Fund)
 Resolution approving a First Amendment to the Agreement with Bartle Wells Associates, Berkeley, CA, for the preparation of the Wastewater Rate Study & Proposition 218 Assistance in the amount of $29,900, for a revised total amount not to exceed $149,175, and authorizing the City Manager, or his designee, to execute the Agreement.

UTILITIES; William Wong, 209-571-5801, [email protected] ACTION: (Kenoyer/Madrigal; 6/0) Resolution 2022-432 approving a First Amendment to the Agreement with Bartle Wells Associates, Berkeley, CA, for the preparation of the Wastewater Rate Study & Proposition 218 Assistance in the amount of $29,900, for a revised total amount not to exceed $149,175, and authorizing the City Manager, or his designee, to execute the Agreement.

COUNCIL COMMENTS & REPORTS
Vice Mayor Wright thanked the cruisers for placing the 1956 station wagon at the museum. He invited the public to visit the Graffiti Museum to see the vehicles on display. He thanked the cruisers for their involvement.

Councilmember Ricci spoke about regionalization. The City has done a lot of it; and, it’s an effective way to maximize budgets, and save residents money. He can see wastewater treatment as an area that can benefit from regionalization. He’s hoping they can find ways to partner with other local cities. He reported on the progress that is being made at Modesto Convention & Visitors Bureau. The Bureau has been doing an awesome job with regional and other events and are poised to take advantage of some of the investments of the City such as the Modesto Children’s Museum, Graffiti Museum, and the Awesome Spot. He also thinks they are in a good position to get involved with future events such as the Modesto Garage Sale Day and possibly supporting a Gallo Winery themed winetasting facility.

Mayor Zwahlen stated she wanted to comment on some of the statements that were made this evening. She feels compelled to say the comments are heard, and are heartfelt. She feels deep pain and grief for the loss of the loved one. She grieves for the children and their pain. She feels like this Council is doing what they can to address the issues that were mentioned. She is encouraged with the Police Chief and the conversations that they have surrounding issues they are addressing in the community. She knows the community is loved and they all want to improve it in every way that they can. She is human and she feels the pain expressed.

Councilmember Escutia-Braaton highlighted a few notable items that have occurred since the last meeting. Tesla has come to town officially. Effective October 10th, Tesla has established a presence in Modesto as they have 500 parking spaces in the airport area. Effective this month, the City is benefiting and receiving revenue from this venture. She thanked the City’s Property Crime Unit for the arrest last week of an organized retail theft group. She also reported on attending Día De Los Muertos event held in Downtown Modesto. It was a joy to attend and celebrate this cultural event. She thanked the Downtown Streets Team and the Ready to Work #3..
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10/25/2022 5:30:00 PM
Team for all of their work that focus on the roadway and highway. Those are two excellent programs that are in large part funded by the City. She further reported on touring the City’s service yard and acknowledged the hard work of those city employees that trim trees, fill pot holes, clean the roadways, and maintain and service over 1,200 fleet units. She thanked them for their hard work.

Councilmember Madrigal congratulated the Modesto Cruisers on their successful community event. He also reported on attending the Valley Builders Exchange 75th Anniversary. He stated that the Valley Builders Exchange shared one concern, which is they wish they had a sound wall.

The new Highway 132 project is right behind their office, and they have trouble with stolen items and unwanted activity. He congratulated the Valley Builders Exchange on their 75 years of helping keep local jobs and contractors working and also helping to keep local tax dollars in Modesto.

CITY MANAGER COMMENTS & REPORTS
None

HEARINGS
Mayor Zwahlen absent due to conflict of interest
Published in the Modesto Bee on September 25, 2022

16. Hearing to consider the relocation request of retail dispensary Doctor’s Choice from 2039 Yosemite Boulevard to 121 Phoenix Ave and granting a residential proximity waiver. (Funding Source: Cannabis Permit Application and Annual Permit Fees)  Resolution approving the relocation of Type 10 Business Permit Relocation Request Doctor’s Choice Dispensary from 2039 Yosemite Avenue to 121 Phoenix Avenue, Modesto, CA 95350, and granting a residential proximity waiver.

CED; Sean Rando, 209-577-5473, [email protected]
ACTION: (Kenoyer/Escutia-Braaton; 5/0; Mayor Zwahlen absent, due to conflict of interest) Resolution 2022-433 approving the relocation of Type 10 Business Permit Relocation Request Doctor’s Choice Dispensary from 2039 Yosemite Avenue to 121 Phoenix Avenue, Modesto, CA 95350, and granting a residential proximity waiver.

NEW BUSINESS

17. Consider awarding Stanislaus Regional Housing Authority Loans and Grants in the total amount not to exceed $3,226,604 for the development of the Vine Street Affordable Housing Project including Vine Street Improvements and $100,000 for staff activity delivery costs. (Funding Source: Permanent Local Housing Allocation, HOME Investment Partnership, HOME Investment Partnership CHDO Set-Aside, and Community Development Block Grant Funds)
 Resolution approving the Award of Loans and Grants to Stanislaus Regional Housing Authority with Great Housing Development Corporation as developer #3..
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10/25/2022 5:30:00 PM
in the total amount not to exceed $3,226,604 for the development of the Vine Street Affordable Housing Project including the Vine Street Road Improvements and $100,000 for staff activity delivery costs and authorizing the City Manager or designee to execute Agreements.
 Resolution amending the Fiscal Year 2022-2023 multi-year fund budget (101193) to increase the budget of the Vine Street Project Fund (101185) with Community Development Block Grant (CDBG) Funds, Home Investment Partnership Funds (HOME) Home Community Housing Development Organizations (CHDO) Set Aide and Permanent Local Housing Allocation (PLHA) for development of the Vine Street Affordable Housing Project totaling $3,226,604 and an additional $100,000 budgeted for activity delivery costs and budgeting the necessary transfers and authorizing the City Manager or his designee to take the necessary steps to implement the provisions in this Resolution.

CED; Jessica Hill, 209-577-5321, [email protected]
ACTION: (Madrigal/Escutia-Braaton; 6/0) Resolution 2022-434 approving the Award of Loans and Grants to Stanislaus Regional Housing Authority with Great Housing Development Corporation as developer in the total amount not to exceed $3,226,604 for the development of the Vine Street Affordable Housing Project including the Vine Street Road Improvements and $100,000 for staff activity delivery costs and authorizing the City Manager or designee to execute Agreements.

ACTION: (Madrigal/Escutia-Braaton; 6/0) Resolution 2022-435 amending the Fiscal Year 2022-2023 multi-year fund budget (101193) to increase the budget of the Vine Street Project Fund (101185) with Community Development Block Grant (CDBG) Funds, Home Investment Partnership Funds (HOME) Home Community Housing Development Organizations (CHDO) Set Aide and Permanent Local Housing Allocation (PLHA) for development of the Vine Street Affordable Housing Project totaling $3,226,604 and an additional $100,000 budgeted for activity delivery costs and budgeting the necessary transfers and authorizing the City Manager or his designee to take the necessary steps to implement the provisions in this Resolution.

MATTERS TOO LATE FOR THE AGENDA
None

ADJOURNMENT
This meeting adjourned at 8:13 pm.

Attest:____________________________
Diane Nayares-Perez, City Clerk
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

November 1, 2022
Date: October 25, 2022
TO: Mayor & City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jose M. Sanchez, City Attorney
CONTACT: Jose M. Sanchez, City Attorney, 209-577-5284, [email protected] DESCRIPTION:

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

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

BACKGROUND:

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

All meetings of the City Council and the City’s other legislative bodies are open and public, as required by the Ralph M. Brown Act, Government Code section 54950 et seq., so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business. On March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means in order to slow the spread of COVID-19. As a result of Executive Order N-29-20, staff set up virtual meetings for all City Council meetings and other City legislative bodies. On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which, effective September 30, 2021, ended the provisions of Executive Order N-29-20 that allowed local legislative bodies to conduct meetings telephonically or by other means.
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City Council, November 1, 2022
Assembly Bill 361-Continued Remote Teleconference Meetings

DISCUSSION:

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

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

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

The City has reconsidered the state of emergency, as declared by the Governor, which continues in existence. In addition, health officials continue to recommend measures to slow the spread of COVID-19. The Stanislaus County Public Health Services Agency still strongly recommends community members to 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 #4..
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City Council, November 1, 2022
Assembly Bill 361-Continued Remote Teleconference Meetings

Approved by:

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

1. Resolution

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

RESOLUTION CONTINUING TO AUTHORIZE REMOTE

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

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

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

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

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

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

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

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

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

92 #4..
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resolving requests for reasonable accommodation for individuals with disabilities, as specified.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The facts constituting the necessity are:

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

O
92 — 19 — Ch. 165
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1 https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=11018.5&lawCode=HSC

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

November 1, 2022
Date: October 14, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jaylen French, Director of Community and Economic Development SUBJECT: Community Benefit Agreement with Center for Human Services CONTACT: Jessica Hill, Community Development Manager
[email protected], 209-577-5321
DESCRIPTION:

Consider approving a Community Benefit Agreement between City of Modesto and Center for Human Services for the purpose of providing the Community Benefit Payment on behalf of Canopy Growth USA, LLC. (Funding Source: Cannabis Community Benefit) STRATEGIC PLAN ELEMENT:

This item supports economic vitality consistent with the City Council’s 2020-2025 Strategic Plan Goal E Drive Economic Vitality.

BACKGROUND:

The Agriculture Improvement Act of 2018 (2018 Farm Bill) signed into law by President Trump on December 20, 2018, removed hemp from the list of Schedule I controlled substances under the Controlled Substances Act, thereby making industrial hemp a federally legal agricultural commodity.

Under State law, industrial hemp is defined as a “crop that is limited to types of the plant Cannabis sativa L. having no more than three-tenths of one percent tetrahydrocannabinol (THC) contained in the dried flowering tops, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin produced therefrom” (Health and Safety Code § 11018.5) 1 and is regulated by the California Department of Food and Agriculture.

Canopy Growth is a world-wide cannabis and hemp company who has an industrial hemp manufacturing facility in the City located in the former Buzz Oats building, at 401 E. Glenn Avenue, and has future plans for expansion within the area.

On November 4, 2020, the City Council, by Resolution No. 2020-463, approved the Hemp Operating Agreement for Hemp Manufacturing between the City of Modesto and Canopy Growth USA, LLC.
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City Council, November 1, 2022
Community Benefit Agreement with Center for Human Services

DISCUSSION:

The approved Agreement requires Canopy Growth to provide certain community benefits to the City of Modesto, one of which is a fixed community benefit contribution to a non-profit organization within the City. The company is to contribute $300,000 paid annually through $100,000 payments for three (3) years. Recipients were to be identified in coordination with the City of Modesto.

The City of Modesto and Canopy Growth selected Center for Human Services (CHS) to be the recipient of the first year in the amount of One Hundred Thousand Dollars ($100,000) for their Community Counseling Services program.

CHS will use the community benefit funds to provide operational support at the Modesto Counseling Clinic. This allows CHS to see more individuals and eliminate any monetary barriers clients may face to accessing services. The clinic offers community counseling services to individuals, couples, families, and group counseling. Both in-person and telehealth sessions are offered. This is beneficial to the community by reducing the barriers to those who may be uninsured, lack financial resources, and/or are undocumented.

Canopy Growth has previously remitted a $100,000 payment to the City for the first year of the community benefit contribution. If the Community Benefit Agreement (Attachment 3) is approved, the City will provide CHS with this payment on behalf of Canopy Growth.

Disbursement of the payment is dependent upon Recipient providing all records and documentation reasonably required by the City.

FISCAL IMPACT:

The funding is from the Cannabis Community Benefit fund as authorized by Council Resolution No. 2020-463. There will be no impact to the General Fund.

COMMITTEE RECOMMENDATION:

This item was presented to the Citizen Housing and Community Development Committee (CH&CDC) on October 13, 2022. The CH&CDC recommended forwarding to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendation:

Resolution approving a Community Benefit Agreement between City of Modesto and Center for Human Services for the purpose of providing the Community Benefit Payment on behalf of Canopy Growth USA, LLC authorizing the City Manager or his designee, to execute the Agreement.

Resolution amending the Fiscal Year 2022-2023 multi-year fund budget to establish applicable revenue, expense and transfer budgets for the Community Benefit Payment to Center for Human Services on behalf of Canopy Growth USA, LLC to be funded with Cannabis Community Benefit Funds and authorizing the City Manager or his designee, to take the necessary steps to implement the provisions of this Resolution.
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City Council, November 1, 2022
Community Benefit Agreement with Center for Human Services

Approved By:

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

1. Resolution

2. Budget Resolution Canopy and CHS

3. Community Benefit Agreement City and CHS
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11/1/2022/C&ED/JHill 1 2022-

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-

RESOLUTION APPROVING A COMMUNITY BENEFIT AGREEMENT

BETWEEN CITY OF MODESTO AND CENTER FOR HUMAN SERVICES FOR

THE PURPOSE OF PROVIDING THE COMMUNITY BENEFIT PAYMENT ON

BEHALF OF CANOPY GROWTH USA, LLC, AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE AGREEMENT.

WHEREAS, the Agriculture Improvement Act of 2018 (2018 Farm Bill) signed into law by President Trump on December 20, 2018, removed hemp from the list of Schedule I controlled substances under the Controlled Substances Act, thereby making industrial hemp a federally legal agricultural commodity; and WHEREAS, under state law, industrial hemp is defined as a “crop that is limited to types of the plant Cannabis sativa L. having no more than three-tenths of 1 percent tetrahydrocannabinol (THC) contained in the dried flowering tops, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin produced therefrom” and is regulated by the California Department of Food and Agriculture (Health and Safety Code § 11018.5); and
WHEREAS, Canopy Growth is a world-wide cannabis and hemp company who was seeking approval for an industrial hemp manufacturing facility in the City located in the former Buzz Oats building, at 401 E. Glenn Avenue with future plans for potential expansion developments within the area; and
WHEREAS, On November 04, 2020, the City Council, by Resolution No. 2020- 463, approved the Hemp Operating Agreement for Hemp Manufacturing between The City of Modesto and Canopy Growth USA, LLC; and
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11/1/2022/C&ED/JHill 2 2022-
WHEREAS, the approved Operating Agreement requires Canopy Growth to provide certain community benefits to the City of Modesto; one of which is a fixed community benefit contribution to organizations within the City; and WHEREAS, the company is to contribute $300,000 paid annually through $100,000 payments for three (3) years; and
WHEREAS, the City of Modesto and Canopy Growth selected Center for Human Services (“Recipient”) to be the recipient for the first year in the amount of One Hundred Thousand Dollars ($100,000); and
WHEREAS, Center for Human services will use the community benefit funds to provide operational support at the Modesto Counseling Clinic; and WHEREAS, this is beneficial to the community by reducing the barriers to those who may be uninsured, lack financial resources, and/or how are undocumented; and WHEREAS, if approved, the City will provide Center for Human Services with a payment of One Hundred Thousand Dollars ($100,000) on behalf of Canopy Growth USA, LLC. Disbursement of the payment is dependent upon Recipient providing all records and documentation reasonably required by the City; and WHEREAS, the Community Benefit payment will take effect via the execution of a Community Benefit agreement in the amount of $100,000.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby authorizes approval of a Community Benefit Agreement between City of Modesto and Center for Human Services for the purpose of providing the Community Benefit payment to Center for Human Services on behalf of Canopy Growth USA, LLC. #5..
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BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the agreement.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 1st day of November 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
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11-1-2022/C&ED/JHill 1 2022-

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-
RESOLUTION AMENDING THE FISCAL YEAR 2022-2023 MULTI-YEAR FUND

BUDGET TO ESTABLISH APPLICABLE REVENUE, EXPENSE AND

TRANSFER BUDGETS FOR THE COMMUNITY BENEFIT PAYMENT TO

CENTER FOR HUMAN SERVICES ON BEHALF OF CANOPY GROWTH USA

LLC TO BE FUNDED WITH CANNABIS COMMUNITY BENEFIT FUNDS AND

AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE, TO TAKE THE

NECESSARY STEPS TO IMPLEMENT THE PROVISIONS OF THIS

RESOLUTION
WHEREAS, on November 04, 2020, by Resolution No. 2020-463, City Council approved the Hemp Operating Agreement between The City and Canopy Growth USA, LLC; and
WHEREAS, Canopy Growth shall provide an annual Fixed Community Benefit of $100,000 to a single or multiple charitable organization within the City of Modesto; and
WHEREAS, the City and Canopy Growth selected Center for Human Services to receive this year’s Fixed Community Benefit; and
WHEREAS, the City shall provide Center for Human Services a payment in the amount of $100,000 on behalf of Canopy Growth; and
WHEREAS, if approved the fiscal year 2022-2023 Multi-Year budget must be amended.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby amends the fiscal year 2022-2023 multi-year fund budget to establish applicable revenue, expense and transfer budgets for the Community Benefit Payment to Center for Human Services on behalf of Canopy Growth USA, LLC to be funded with Cannabis Community Benefit Funds.

BE IT FURTHER RESOLVED that the City Manager or his designee is #5..
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11-1-2022/C&ED/JHill 2 2022-
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 1st day of November, 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:

NOES:

Councilmembers:

Councilmembers:
?
?
ABSENT: Councilmembers: ?
ATTEST:

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

BY:

JOSE M. SANCHEZ, City Attorney
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Community Benefit Agreement – Canopy Growth USA, LLC

COMMUNITY BENEFIT AGREEMENT
Between

CITY OF MODESTO

AND CENTER FOR HUMAN SERVICES
This Modesto Community Benefit Agreement (“Agreement”) is entered into in the City of Modesto, State of California, this ____ day of _________________ 20____ (“Effective Date”) by and between the City of Modesto, a California municipal corporation (“City”) and Center for Human Services (“Recipient”). The City, Canopy Growth USA, LLC and Center for Human Services shall be collectively referred to hereinafter as the “Parties”.

This Agreement is made with regard to the following recitals:

WHEREAS, the City entered into a Hemp Operating Agreement with Canopy Growth USA, LLC (“Canopy”) and;
WHEREAS, on November 04, 2020, by Resolution No. 2020-463, Council approved the Hemp Operating Agreement between The City and Canopy; and WHEREAS, Section 6.1 of the Hemp Operating Agreement - Community Benefits states the Canopy shall pay City a Community Benefit Fee as defined in Exhibit A, Community Benefit Terms of that agreement; and
WHEREAS, Exhibit A, Community Benefit Terms – Fixed Community Benefit, requires Canopy to provide an annual Fixed Community Benefit of One Hundred Thousand Dollars ($100,000) to a single or multiple charitable organization within the City of Modesto; and
WHEREAS, the charitable organization(s) shall be selected by the City in consultation with Canopy; and
WHEREAS, the City and Canopy have selected the receiving charitable organization to be Center for Human Services; and
WHEREAS, Canopy has deposited the amount of the required Fixed Community Benefit with the City; and
WHEREAS, the City and Recipient desire to enter into this Agreement to establish the terms and conditions of Recipient’s acceptance and use of the Fixed Community Benefit Fee.

NOW THEREFORE, the City, Licensee and Recipient agree as follows:

1. Purpose
The purpose of this Agreement is to memorialize the terms and conditions of the Recipient’s receipt of the fixed Community Benefit of One Hundred Thousand Dollars ($100,000).
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Community Benefit Agreement – Canopy Growth USA, LLC

2. Term
The term of this Agreement (the “Term”) shall commence upon the Effective Date and shall terminate upon the Recipient’s completion of all requirements of this Agreement.

3. Fixed Community Benefit Payment
A. The City shall provide Recipient with a payment of One Hundred Thousand Dollars ($100,000) (“Fixed Community Benefit”) on behalf of Canopy.

Disbursement of the Fixed Community Benefit is dependent upon Recipient providing all records and documentation reasonably required by the City. The Recipient shall use the Fixed Community Benefit to support community counseling services, as further descripted in Exhibit B, attached hereto and incorporated hereirn (the “Activities”).

B. The Recipient shall operate within the territorial limits of the City of Modesto and the beneficiaries, if any, of the Activities shall be the residents of the City of Modesto.

4. Recipient’s Obligations
A. Throughout the Term of this Agreement, the Recipient shall obtain and maintain all licenses, permits, qualifications and approvals legally required to conduct business.

The Recipient warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to perform the Activities specified by this Agreement. Recipient shall perform the Activities required pursuant to this Agreement according to the standards observed by a competent practitioner of the profession in which Recipient is engaged.

B. The Recipient shall provide appropriate acknowledgement of the Fixed Community Benefit by using the City’s logo or making a written acknowledgement in its publicity, promotional materials, information materials, press materials, at public occasions relating to the Activities, and on any website maintained by the Recipient.

5. Reporting Requirements
Recipient shall submit quarterly reports to the City on such other form as required by the City. Recipient shall also submit an overall Annual Report of documenting the use of funds.

6. Audit Requirements
A. In addition to all other reports and records required by this Agreement, the Recipient shall keep and make available proper books of account and records of the financial management of the Community benefit provided under this agreement, in accordance with generally accepted business and accounting practices. Such records shall include, but not be limited to, records providing a full description and accounting of each activity undertaken.

B. Recipient agrees to keep all necessary books and records required by this Agreement for five (5) years following the end of this Agreement, and shall document all transactions so that all expenditures may be properly audited. #5..
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Community Benefit Agreement – Canopy Growth USA, LLC
C. Recipient agrees that City or any authorized representative has access to and the right to examine all records, books, papers, or documents related to the project.

Recipient shall allow the City or any authorized representative access to all records, books, papers, or documents related to the project within forty-eight (48) hours of a request to examine.

7. Termination, Suspension and/or Repayment of Community Benefit The City may terminate, suspend and/or require repayment of the Fixed Community Benefit in the event of any of the following circumstances, after notice from the City and a reasonable opportunity to cure:

A. The Recipient fails to provide the Activities, or any portion of the Activities, described in Exhibit B of this Agreement or substandard performance of the Activities;
B. The Recipient suspends or fails to carry on and continuously conduct its operations, or there is a disruption on the performance of the Activities; C. The Recipient has a partisan political affiliation and/or participates in partisan political activities.

D. The Recipient uses the Fixed Community Benefit for a purpose or activity other than those specified in Exhibit B.

E. The Recipient becomes bankrupt or insolvent, goes into receivership or becomes subject to the provisions of any bankruptcy, insolvency, or any other Act for the benefit of creditors, or makes a general assignment for the benefit of its creditors or otherwise acknowledges its insolvency;
F. The Recipient fails to provide to the City with any report, record, or documentation required by this Agreement, or fails to provide any documentation requested by the City in accordance with the terms of this Agreement; G. The Recipient has made any material misrepresentation to the City or its representatives with respect to any of the matters contained herein and/or in the Recipient’s funding submission/proposal/application for the Fixed Community Benefit, or which have been made or may be made in the future surrounding these matters;
H. The Recipient breaches any term of this Agreement, after notice from the City and a reasonable opportunity to cure the breach;

8. Compliance with Applicable Laws
Recipient shall carry out, and cause its contractors, consultants, employees and agents to carry out, the Activities, in compliance all applicable federal, state and local laws, rules, ordinances, orders, and regulations, including without limitation and to the extent applicable, the state prevailing wage laws pursuant to Labor Code Section 1770 et seq.

9. Non-Assignment
The Recipient shall not transfer or assign this Agreement, the Fixed Community Benefit, or any part thereof, without the Prior written consent of the City. Any assignment in violation of this section shall require an immediate repayment of the Fixed Community Benefit to City by the Recipient.
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Community Benefit Agreement – Canopy Growth USA, LLC

10. Indemnity and Liability
A. The Recipient shall indemnify, defend with counsel acceptable to City, and hold harmless the City, its officials, officers, employees, and agents (“Indemnitees”) from and against all liability, loss, cost, expense (including without limitation attorneys’ fees and costs of litigation), claim, demand, action, suit, judicial or administrative proceeding, penalty, deficiency, fine, order, and damage (all of the foregoing collectively “Claims”) which, directly or indirectly, arises out of or relates to this Agreement, the use of the Fixed Community Benefit, or the performance of the Activities, except to the extent the Claims are caused by the sole negligence or willful misconduct of City.

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

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

In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Recipient shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days’ notice of the cancellation on the policies of insurance required hereunder (10 days’ notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice. The Recipient shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled.
(a) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000.
(b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be #5..
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Community Benefit Agreement – Canopy Growth USA, LLC
twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent The Recipients and subcontractors; products and completed operations as applicable.
(c) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
(d) Professional Liability insurance with a minimum limit of $1,000,000 per claim and policy aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.

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

The Recipient must deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.

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

For any claims related to this project, the Recipient’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Recipient’s insurance and shall not contribute with it. #5..
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Community Benefit Agreement – Canopy Growth USA, LLC

12. Non-Discrimination
Recipient shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, sexual orientation, or any other basis prohibited by state or federal law against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Recipient under this Agreement. Recipient shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Recipient, including but not limited to the satisfaction of any positive obligations required of Recipient thereby.

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

To City:

City of Modesto
Attn: Jessica Hill
P.O. Box 642
Modesto, CA 95353
To Licensee:

Canopy Growth USA, LLC
Attn: Kelly Fair
595 Pacific Ave., 5th Floor
San Francisco, CA 94133
To Recipient:

Center for Human Services
Attn: Cynthia Duenas
2000 W. Briggsmore Ave, Ste. I
Modesto, CA 95350

14. SEVERABILITY
If any portion of this Agreement or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction or if it is found in contravention of any federal, state or City statute, ordinance or regulation; the remaining provisions of this Agreement or the application thereof shall not be invalidated thereby and shall remain in full force and effect to the extent that the provisions of this Agreement are severable.
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Community Benefit Agreement – Canopy Growth USA, LLC

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

This paragraph is not intended to and does not waive the claim filing requirements found in California Government Code section 900 et seq. In the event that a timely and legally sufficient, arbitrable claim is filed by the Recipient or Licensee with City, and the claim is rejected in whole or in part by City, this paragraph shall result in the conclusive, final, and binding resolution of all the issues presented in the claim by The Recipient or Licensee so long as any issues presented by the claim are arbitrable. Claims rejected by City or by operation of law, shall be submitted by the Recipient or Licensee to arbitration pursuant to the Arbitration Rules of the American Arbitration Association within ninety (90) days after mailing of the written rejection by City to the Recipient or Licensee.

Otherwise, the claim or claims shall be deemed waived in their entirety.

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

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

The arbitrator may grant any remedy or relief deemed by the arbitrator just and equitable under the circumstances, whether or not such relief could be awarded in a court of law.

The arbitrator shall be empowered to award monetary sanctions against a party for failure of cooperation in the arbitration. The arbitrator shall, in written award, allocate all the costs of the arbitration, including the fees of the arbitrator and the reasonable attorney fees of the prevailing party, against the party who did not prevail. The prevailing party shall be the party in whose favor the majority of the central issues in the case are resolved.
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Community Benefit Agreement – Canopy Growth USA, LLC
Notwithstanding anything in this provision to the contrary, the arbitrator shall have no power to award punitive damages or other damages not measured by the party’s actual damages (excluding litigation costs and fees) against any party. This limitation of the arbitrator’s powers under this Agreement shall not operate as an exclusion of the issue of punitive damages from this Agreement to Arbitrate sufficient to vest jurisdiction in a court with respect to that issue.

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

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

16. INDEPENDENT PARTIES
Nothing in this Agreement is intended to or shall establish the Parties as partners, coventurers, or principal and agent with one another. At all times during the term of this Agreement, Recipient, Licensee and City shall be independent parties, and Recipient and Licensee shall not be an employee of the City. Except as Recipient and Licensee may specify in writing, Recipient and Licensee shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Recipient and Licensee shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

17. ENTIRE AGREEMENT
This Agreement, including the exhibits attached hereto, represents the entire and integrated agreement between City, Licensee, and Recipient ant and supersedes all prior negotiations, representations, or agreements, either written or oral. No amendment of any of the terms or provisions of the Agreement shall be deemed valid unless it is in writing and signed by both Parties.

18. GENERAL PROVISIONS
A. Binding Agreement. This agreement shall be binding on and inure to the benefit of the City, Recipient and Licensee and their respective successors and assigns.

Nothing contained in this Agreement is intended to or shall be deemed to confer upon any person, other than the Parties and their respective successors and assigns, any rights or remedies hereunder.

B. Severability. Any provision of this agreement, which is or becomes prohibited or unenforceable in any jurisdiction, shall not invalidate or impair the remaining provisions of this agreement which shall be deemed severable from the prohibited or unenforceable provision and any prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable that provision in any other jurisdiction.
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Community Benefit Agreement – Canopy Growth USA, LLC
C. Waiver. The fact that the City refrains from exercising a remedy it is entitled to exercise under this agreement shall not be considered to be a waiver of such right and, furthermore, partial or limited exercise of a right conferred upon the City shall not prevent the City in any way from later exercising any other right or remedy under this agreement or other applicable law. No waiver of any breach of any covenant or provision of this Agreement shall be deemed a waiver of any other covenant or provision hereof, and no waiver shall be valid unless in writing and executed by the waiving Party
D. Business License. Recipient and Licensee will have a valid City of Modesto Business License.

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

F. Construction of Agreement. The section headings and captions used herein are solely for convenience and shall not be used to interpret this Agreement. The Parties acknowledge that this Agreement is the product of negotiation and compromise on the part of both Parties, and the Parties agree, that since all of the Parties have participated in the negotiation and drafting of this Agreement, this Agreement shall not be construed as if prepared by one of the Parties, but rather according to its fair meaning as a whole, as if all Parties had prepared it.

G. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be an original and all of which taken together shall constitute one instrument. The persons executing this Agreement on behalf of Parties have been duly authorized to do so.

IN WITNESS WHEREOF, the Parties have executed this MOU as of the effective date set forth above.

CITY OF MODESTO
By: ______________________________
Joseph P. Lopez
City Manager
City of Modesto, State of California
ATTEST: ___________, City Clerk of the City of Modesto, State of California By: ______________________________
City Clerk
APPROVED AS TO FORM:

Jose M. Sanchez,
City Attorney
By: _______________________________
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Community Benefit Agreement – Canopy Growth USA, LLC
City Attorney

CENTER FOR HUMAN SERVICES
By: ______________________________
Executive Director

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Community Benefit Agreement – Canopy Growth USA, LLC

EXHIBIT B

CENTER FOR HUMAN SERVICES

COMMUNITY COUNSELING SERVICES
Center for Human Services has been providing behavioral health services throughout Stanislaus County for 40+ years at school sites, family resource centers and at their main clinic, located at 2000 West Briggsmore Ave, Suite I, Modesto, CA. The Modesto clinic offers services for individuals, couples, family, and group counseling. CHS are one of the only locations in Modesto that offers services on a sliding fee, with service fees as low as $20 for individual sessions. This has been beneficial to the community by reducing the barriers to those who may be uninsured, lack financial resources, and/or who are undocumented. CHS also offer groups designed to address help individuals cope with depression and anxiety. The clinic offers both inperson and telehealth sessions.

CHS is also a Managed Care provider, accepting individuals with expanded MediCal benefits through HealthNet and Health Plan of San Joaquin.

CHS serves hundreds of individuals through individual, group and family counseling services.

The Canopy Growth funding would be used to provide operational support at the Modesto Counseling Clinic, allowing CHS to see more individuals and eliminate any monetary barrier they may have to accessing services.

Clinic Hours
Monday, Tuesday, Thursday 8AM-8PM
Wednesday 8AM-6PM
Friday 8AM-5PM
(209) 526-1440
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

November 1, 2022
Date: October 14, 2022
TO: Mayor and Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jaylen French, Director of Community and Economic Development SUBJECT: Economic Development Initiative (EDI), Community Project Funding Award CONTACT: Jessica Hill, Community Development Manager
[email protected], 209-577-5321
DESCRIPTION:

Consider accepting the Economic Development Initiative (EDI), Community Project Funding and awarding Downtown Streets Team (DST) a grant of $400,000 to support the permanent housing component of Camp2Home. (Funding Source: Economic Development Initiative, Community Project Funding award)
STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

On March 15, 2022, United States Congress passed the H.R. 2471 Consolidated Appropriations Act, 20221. Congress made available funding for grants for the Economic Development Initiative (EDI) for the purpose of Community Project Funding/Congressionally Directed Spending. These Community Project Funding awards are administered by the U.S Department of Housing and Urban Development (HUD).

For a program to be considered for funding though this process, it must be sponsored by direct Congressional support. The Camp2Home Initiative was one of ten projects sponsored by Representative Harder’s2 Office during the 2022 fiscal year budget appropriation process. 1 H.R.2471 - Consolidated Appropriations Act, 2022 https://www.congress.gov/bill/117th-congress/housebill/2471/text 2 Representative Josh Harder Funding Disclosure https://harder.house.gov/services/fy22-community-projectsfunding-disclosure #6..
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City Council November 1, 2022
Economic Development Initiative (EDI), Community Project Funding Award

On July 18, 2022, the City was notified of an award through the EDI, Community Project Funding award, a congressionally legislated provision that directs specific approved funds to be awarded and spent on the City’s Camp2Home initiative as identified by this authorizing legislation.

DISCUSSION:

The Camp2Home program is a comprehensive response to homelessness that offers an individual a path from homelessness to permanent employment and housing. The Camp2Home program provides a path to self-sufficiency for individuals rebuilding their lives out of homelessness and aims at tackling homelessness on five key fronts: street outreach, shelter, job training, employment, and permanent housing.

City staff recommends the use of EDI funding to support the permanent housing component of Camp2Home. This funding will provide an intervention that prioritizes permanent housing to people experiencing homelessness, thus ending their homelessness and serving as a platform from which they can pursue personal goals and improve their quality of life. The funding will provide housing stabilization services, case management, and short- and/or medium-term rental assistance as necessary.

To access the funding HUD requires the following actions:
 Submission of Project Description, Program Budget, and required forms inclusive of the program certifications to HUD for final review by December 31, 2022.  Funding commitment to the proposed eligible activities no later than September 30, 2025.  Funding must be fully expended by September 30, 2030.

Program Budget Allocation
Camp2Home initiative- Permanent Housing $400,000
Program Activity Delivery (20%) $100,000
Total $500,000
Project Proposal
Downtown Streets, Inc. will utilize EDI funds to provide housing and stabilization services to homeless individuals or families by providing assistance with rental subsidies, utility deposit arrears, deposit assistance, flexible programmatic funds, and case management.

The City of Modesto will grant $400,000 for the 3-year period to be divided annually on a cost reimbursement basis to support the program as outlined below.

Project Budget Allocation
Program Year One $134,000
Program Year Two $133,000
Program Year Three $133,000
Total $400,000
FISCAL IMPACT:

This is a new funding source from HUD, and will bring an additional $500,000 to the City’s Camp2Home initiative to support permanent housing. There will be no impact to the General Fund.
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City Council November 1, 2022
Economic Development Initiative (EDI), Community Project Funding Award

Committee Recommendation
This item was considered by the Citizens Housing and Community Development Committee (CH&CDC) on October 13, 2022 and was approved to be forwarded to Council.

Recommended Council Action:

Resolution accepting the Economic Development Initiative, Community Project Funding, and awarding Downtown Streets Team a grant of $400,000 to support the permanent housing component of Camp2Home, and designating the City Manager, or his designee, to negotiate, and execute any related program Agreements, contracts or other documentation required for implementation.

Resolution amending the Fiscal Year 2022-2023 multi-year fund budget to establish applicable revenue, expense, and transfer budgets for the Economic Development Initiative Community Project Funding Award Funds and authorizing the City Manager or his designee, to take the necessary steps to implement the provisions of this Resolution.

Approved By:

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

1. Resolution

2. Budget Resolution

3. Agreement
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11-01-2022/CED.JHill 1 2022-?

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-

RESOLUTION ACCEPTING THE ECONOMIC DEVELOPMENT INITIATIVE,

COMMUNITY PROJECT FUNDING, AND AWARDING DOWNTOWN
STREETS TEAM A GRANT OF $400,000 TO SUPPORT THE PERMANENT HOUSING COMPONENT OF CAMP2HOME, AND DESIGNATING THE CITY

MANAGER, OR HIS DESIGNEE, TO NEGOTIATE, AND EXECUTE ANY

RELATED PROGRAM AGREEMENTS, CONTRACTS OR OTHER
DOCUMENTATION REQUIRED FOR IMPLEMENTATION.

WHEREAS, on March 15, 2022 United States Congress passed the H.R. 2471 Consolidated Appropriations Act, 2022, Congress made available funding for grants for the Economic Development Initiative for the purpose of Community Project Funding/Congressionally Directed Spending; and
WHEREAS, these Community Project Funding (CPF) awards are administered by the U.S Department of Housing and Urban Development (HUD); and WHEREAS, the Camp2Home Initiative was one of ten projects sponsored by Representative Harder’s Office during the 2022 fiscal year budget appropriation process; and
WHEREAS, for a program to be considered for funding though this process, it must be sponsored by direct Congressional support; and
WHEREAS, the Camp2Home Initiative was one of ten projects sponsored by Representative Harder’s Office during the 2022 fiscal year budget appropriation process; and
WHEREAS, on July 18, 2022, the City was notified of an award through the Economic Development Initiative (EDI), Community Project Funding award, a congressionally legislated provision, that directs specific approved funds to be awarded #6..
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11-01-2022/CED.JHill 2 2022-?
and spent on the City’s Camp2Home initiative as identified by this authorizing legislation; and
WHEREAS, the City’s Camp2Home initiative program is a comprehensive response to homelessness that offers an individual a path from homelessness to permanent employment and housing was selected as the eligible award recipient; and WHEREAS, the Camp2Home program provides a path to self-sufficiency for individuals rebuilding their lives out of homelessness and aims at tackling homelessness on five key fronts: street outreach, shelter, job training, employment, and permanent housing; and
WHEREAS, the use of EDI funding will support the permanent housing component of Camp2Home; and
WHEREAS, this funding will provide an intervention that prioritizes permanent housing to people experiencing homelessness, thus ending their homelessness and serving as a platform from which they can pursue personal goals and improve their quality of life; and
WHEREAS, the funding will provide housing stabilization services, case management, and short- and/or medium-term rental assistance necessary to prevent an individual or family from moving into an emergency shelter or place not meant for human habitation; and
WHEREAS, to access the funding HUD requires the following actions, submission of Project Description, Program Budget, and required forms inclusive of the program certifications to HUD for final review by December 31, 2022, funding #6..
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11-01-2022/CED.JHill 3 2022-?
commitment to the proposed eligible activities no later than September 30, 2025, funding must be fully expended by September 30, 2030; and
WHEREAS, Downtown Streets, Inc. will utilize EDI funds to provide housing and stabilization services to homeless individuals or families by providing assistance in the form of rental subsidies, utility deposit arrears, deposit assistance, flexible programmatic funds, and case management; and
WHEREAS, the City of Modesto will grant $400,000 for the 3-year period to be divided annually on a cost reimbursement basis to support the program; and WHEREAS, this is a new funding source from the U.S Department of Housing and Urban Development, and all funding will reside in a new fund; and WHEREAS, this new funding source will bring an additional $500,000 of funding to the City’s Camp2Home initiative to support permanent housing and there will be no impact to the General Fund; and
WHEREAS, this item was considered by the Citizens Housing and Community Development Committee on October 13, 2022 and was approved to be forwarded to Council.

NOW, THEREFORE BE IT RESOLVED by the Council of the City of Modesto that it hereby accepts the Economic Development Initiative (EDI), Community Project Funding award, and awarding the Downtown Streets Team a grant of $400,000 over three years to support the permanent housing component of Camp2Home.

BE IT FURTHER RESOLVED designating the City Manager, or his designee, to negotiate and execute any related program agreements, contracts or other documentation #6..
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11-01-2022/CED.JHill 4 2022-?
required for implementation and acceptance of the Economic Development Initiative, Community Project Funding award.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 1st day of November, 2022, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

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

By:

JOSE M. SANCHEZ, City Attorney
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11/01/2022 C&ED/JHill 1 2022-

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-
RESOLUTION AMENDING THE FISCAL YEAR 2022-2023 MULTI-YEAR FUND

BUDGET TO ESTABLISH APPLICABLE REVENUE, EXPENSE AND

TRANSFER BUDGETS FOR THE ECONOMIC DEVELOPMENT INITIATIVE (EDI), COMMUNITY PROJECT FUNDING AWARD FUNDS AND

AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE, TO TAKE THE

NECESSARY STEPS TO IMPLEMENT THE PROVISIONS OF THIS

RESOLUTION
WHEREAS, on March 15, 2022 United States Congress passed the H.R. 2471 Consolidated Appropriations Act, 2022, Congress made available funding for grants for the Economic Development Initiative for the purpose of Community Project Funding/Congressionally Directed Spending; and
WHEREAS, these Community Project Funding (CPF) awards are administered by the U.S Department of Housing and Urban Development (HUD); and WHEREAS, on July 18, 2022 the City was notified of an award through the Economic Development Initiative (EDI), Community Project Funding award, a congressionally legislated provision that directs specific approved funds to be awarded and spent on the City’s Camp2Home initiative as identified by this authorizing legislation; and
WHEREAS, if approved the fiscal year 2022-2023 Multi-Year budget must be amended; and
WHEREAS, the project(s) will be funded with $500,000 in Economic Development Initiative (EDI), Community Project Funding award funds; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby amends the fiscal year 2022-2023 multi-year fund budget to establish applicable revenue, expense and transfer budgets for the Economic Development Initiative (EDI), Community Project Funding award funds. #6..
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11/01/2022 C&ED/JHill 2 2022-
BE IT FURTHER RESOLVED that the City Manager or his designee is 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 1st day of November, 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:

NOES:

Councilmembers:

Councilmembers:
?
?
ABSENT: Councilmembers: ?
ATTEST:

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

BY:

JOSE M. SANCHEZ, City Attorney
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Economic Development Initiative
(October 1, 2022 through September 30, 2025)
THIS AGREEMENT, made and entered into as of _____________________________, 2022, by and between the CITY OF MODESTO, a municipal corporation of the State of California, as the recipient of the ECONOMIC DEVELOPMENT INITIATIVE, hereinafter referred to as (“CITY”), and DOWNTOWN STREETS INC., a California nonprofit public benefit corporation, hereinafter referred to as (“SUBRECIPIENT”).

WITNESSETH WHEREAS, CITY has received an Economic Development Initiative Grant from the U.S. Department of Housing and Urban Development under Title I of the Housing and Community Development Act of 1974, as amended (42 U.S.C. 5301, et seq.; the Act; Catalog of Federal Domestic Assistance (CFDA) number 14.218); and
WHEREAS, pursuant to such grant, CITY is undertaking certain programs and services necessary for the planning, implementation, or execution of such Economic Development Initiative Grant; and
WHEREAS, CITY desires to engage SUBRECIPIENT to render certain services, programs, or assistance in connection with such undertaking of the Economic Development Initiative Grant, as described in Appendices A, and B; and
WHEREAS, Resolution _____________adopted by the Council of the CITY on _________ determined and resolved that the SUBRECIPIENT should be utilized to implement the Economic Development Initiative Grant, a copy of which Resolution is attached hereto as Exhibit A and hereinafter incorporated by reference to this Agreement.

NOW, THEREFORE, the parties hereto do mutually agree as follows:

I. SCOPE OF WORK:

SUBRECIPIENT shall perform all the necessary services provided under this Agreement in accordance with and respecting the following activities as set forth in Appendices A, and B as described in the Application for Funding and incorporated herein by reference.

The SUBRECIPIENT will be responsible for administering the activity described herein consistent with all the provisions of this Agreement and with the requirements of Title 24 Code of Federal Regulations, Part 570 for the U.S. Department of Housing and Urban Development concerning Economic Development Initiative Grant(“EDI”) and all applicable federal requirements to carrying out EDI activities. SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available.

II. TERM OF AGREEMENT:
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FY 2022-23 EDI Agreement
Unless terminated earlier due to default or insufficiency of funds, this Agreement shall have a term commencing October 1, 2022 and ending September 30, 2025.

SUBRECIPIENT shall undertake and complete its services under this Agreement in such sequence and in such a manner to assure completion with the term of the Agreement.

The maximum amount of funding to be disbursed to SUBRECIPIENT for this term is Four Hundred Thousand Dollars ($400,000).

III. FUNDING:

SUBRECIPIENT shall be disbursed up to a total consideration of Four Hundred Thousand Dollars ($400,000) or full performance of the services specified under this Agreement, in conformity with the approved and executed budget document which is attached to this Agreement as Appendices A and B, and incorporated herein by reference.

Disbursement is dependent upon SUBRECIPIENT providing all required documentation.

If projects or services fail to comply with federal requirements, SUBRECIPIENT could be required to repay any or all compensation or shall not be paid for said projects or services. The amount set forth in this section is not a guarantee of the compensation that SUBRECIPIENT receive, but rather is merely a limit of potential CITY expenditures under this Agreement. SUBRECIPIENT will be paid for services actually performed in accordance with the requirements of this Agreement.

Federal award identification information regarding the funding provided to SUBRECIPIENT by this Agreement, as required by 24 CFR 200.332, is included in Exhibit B, attached hereto and incorporated herein.

IV. DRAW DOWN OF FUNDS:

Draw down of funds shall be determined between the CITY and the SUBRECIPIENT, as stated in the Appendices A and B.

In every case, payment will be made subject to receipt of a written requisition for payment from SUBRECIPIENT specifying and certifying that such expenses are in conformance with this Agreement and SUBRECIPIENT is entitled to receive the amount requisitioned under the terms of the Agreement. To comply with 2 CFR 200.415, with each requisition for payment, an official authorized to bind SUBRECIPIENT shall certify that “By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812).” #6..
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FY 2022-23 EDI Agreement
a. SUBRECIPIENT agrees that the General Provisions for Selected Items of Cost (2 CFR 200.420-200.475) shall be used to determine the allow-ability of invoiced costs.
b. Requisitions for Payment will be dispersed upon request provided that:
i. The Requisition for Payment is submitted with an original authorized signature;
ii. That all Requisitions for Payment are accompanied with supporting documentation verifying all costs are specific to carrying out the Agreement Scope;
iii. That a Budget Amendment Form be requested from City, and if approved by City, be returned with an original authorized signature for any Requisition for Payment that varies from the original approved Project Budget. City Approval of the budget amendment will be evaluated based on the nature of the request in comparison to the contract scope, and shall be subject to prior-approval by HUD, if required, pursuant to 2 CFR 200.308. c. SUBRECIPIENT shall not claim reimbursement from CITY for (or apply sums received from the CITY with respect to) that portion of any of its obligations which has been or should be paid by another source.
d. SUBRECIPIENT shall be reimbursed only for eligible expenses incurred during the specified time period of the Agreement.
e. SUBRECIPIENT shall submit any outstanding claims for reimbursement under this Agreement within ten (10) days after the ending date of the contract. All claims submitted after ten (10) days following the ending date of the Agreement will not be eligible for reimbursement by the CITY.
f. SUBRECIPIENT shall notify CITY in writing of all authorized personnel who shall be empowered to file requests for payment and pick up reimbursement checks pursuant to the Agreement.
g. Disbursement of funds may be withheld if periodic (QUARTERLY) activity reports are not provided according to this Agreement.
h. Upon receipt of payment of its final written requisition, SUBRECIPIENT shall have no entitlement to any unused funds.

V. USE OF FUNDS:

Use of funds received pursuant to this Agreement shall be in accordance with the requirements of the Housing and Community Development Act of 1974 (as amended), #6..
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FY 2022-23 EDI Agreement
24 CFR Part 570, and other federal requirements governing the Community Development Block Grant Program, and any amendments or policy revisions thereto which shall become effective during the term of this Agreement. In addition, SUBRECIPIENT agrees to comply with other applicable laws including but not limited to Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and Executive Order 11063.

Furthermore, any funded activity must be designed or so located as to principally benefit low- and moderate-income persons, aid in the prevention or elimination of slums or blight or meet urgent community development needs, as defined in the program guidelines.

SUBRECIPIENT shall administer all activities provided for this Agreement in a manner consistent with such rules and regulations, including the Community Development Block Grant Operations Manual, as shall from time to time be promulgated by the U.S.

Department of Housing and Urban Development, insofar as such rules and regulations do not conflict with applicable law or the terms of this Agreement. SUBRECIPIENT shall use Community Development Block Grant funds for the services described in Appendix A, in the manner described in Appendix B of the Agreement.

SUBRECIPIENT shall administer all activities provided for in this Agreement in accordance with 24 CFR § 570 et seq and all other applicable federal state or local laws, rules or regulations. Without limiting the forgoing, the SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S.

Housing and Urban development regulations concerning Community Development Block Grants (CDBG) including subpart K of these regulations, except that (1) the ORGANIZATION does not assume the recipient’s environmental responsibilities described in 24 CFR 570.604 and (2) the SUBRECIPIENT does not assume the recipient’s responsibility for initiating the review process under the provisions of 24 CFR Part 52.

If SUBRECIPIENT contracts with any subconsultant for the purpose of carrying out any part of the services set forth in Appendices A and B, SUBRECIPIENT shall require such subconsultant(s) to comply with all applicable EDI Regulations (as set forth in this Agreement and H.R. 2471 Consolidated Appropriations Act, 2022.), including but not limited to, reporting requirements. SUBRECIPIENT shall ensure it collects all required information from the subconsultant(s) in order for SUBRECIPIENT to satisfy its reporting obligations as set forth herein.

SUBRECIPIENT shall not use funds available under this Agreement to pay for costs that have already been paid for, or will be paid for, by another Federal program, insurance, or other sources. By signing this Agreement SUBRECIPIENT attests that it has not received funds from any other source to pay for the activities set forth in Appendices A and B that will be paid for by the funds provided under this Agreement. SUBRECIPIENT acknowledges and agrees that if SUBRECIPIENT uses the funds under this Agreement to #6..
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FY 2022-23 EDI Agreement
pay for costs that have already been paid for, or will be paid for, by another source, SUBRECIPIENT shall repay the funds provided under this Agreement to the CITY.

VI. SUBRECIPIENT shall maintain an updated and valid Unique Entity Identifier (UEI) number, which requires registering with Sam.gov.

VII. COST PRINCIPLES, UNIFORM ADMINISTRATIVE REQUIREMENTS, AND PROGRAM INCOME:

SUBRECIPIENT will comply and follow the requirements set forth in 24 CFR part 84 and 2 the standards of 2 CFR part 200 “Uniform Administrative Requirements, Cost Principles, and Requirements for Federal Awards”, as now in effect and as may be amended from time to time, as applicable. The use of Economic Development Initiative Funds must be accounted for separately with all the expenditures clearly identified including all supporting documentation. Program income, as that term is defined in EDI Regulations, derived from this project/activity, if any, shall revert to CITY for use in the Economic Development Initiative funds, unless otherwise indicated in Appendices A or B.

VIII. Unless otherwise provided in another exhibit to the Agreement, the SUBRECIPIENT shall provide at its sole cost and expense, all office space, supplies, equipment, vehicles, reference and other written materials, and telephone service as is necessary for SUBRECIPIENT to provide the services under the Agreement.

IX. ASSIGNMENT:

Without written consent of CITY, this Agreement is not assignable by SUBRECIPIENT, whether in whole or in part.

X. ALTERATION:

No alteration or variation in the terms of this Agreement shall be valid unless made in writing, approved and signed by the parties hereto.

XI. REVERSION OF ASSETS:

Upon expiration of this Agreement, SUBRECIPIENT shall transfer to CITY any unused EDI funds on hand and any accounts receivable attributable to the use of EDI Funds in accordance with H.R. 2471 Consolidated Appropriations Act, 2022). SUBRECIPIENT shall retain furniture, equipment or any other property or assets acquired with Economic Development Initiative funds under this contract as long as there is a need for such property to accomplish the purpose of the program, whether or not the program continues to be supported by Economic Development Initiative funds. If the SUBRECIPIENT becomes insolvent, all furniture, equipment or any other property or assets purchased partly or totally with Economic Development Initiative funds, shall be returned to the CITY for disposition.

XII. GENERAL TERMS AND CONDITIONS:
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FY 2022-23 EDI Agreement
a. SUBRECIPIENT agrees to maintain records required by the Federal regulation specified in 24 CFR Part 570.506, and that are pertinent to the activities to be funded under this Agreement. Such records shall include, but not be limited to:
a.1. Records providing a full description of each activity undertaken; a.2. Records demonstrating that each activity undertaken meets one of the National Objectives of the EDI program;
a.3. Records required to determine the eligibility of activities; a.4. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with EDI assistance; a.5. Records documenting compliance with the fair housing and equal opportunity components of the EDI program;
a.6. Financial records as required by H.R. 2471 Consolidated Appropriations Act, 2022; and
a.7. Other records necessary to document compliance with Subpart K of 24 CFR 570.
b. SUBRECIPIENT agrees to submit QUARTERLY program status reports to the CITY, and other reports as may be required. QUARTERLY, year-end and any other periodic reports that are required must be provided to the CITY within ten (10) days from the end of the reporting period.
c. SUBRECIPIENT agrees to maintain racial, ethnic, gender, head of household, total household income and family size data showing the extent to which these categories or persons have participated in, or benefited from, the project and provide such data in the periodic activity/status report. A cumulative year-end report is due at the Department of Community & Economic Development Department within ten (10) days from the end of the fiscal year.
d. SUBRECIPIENT agrees that in advertisements or public notices regarding the Economic Development Initiative -funded portion of the program, that such ads or notices will include wording to the effect that the program, or a portion thereof, is funded through a Economic Development Initiative award provided by the City of Modesto. e. SUBRECIPIENT agrees to keep all necessary books and records, including personal property, personnel and financial records, in connection with the operations and services performed under this Agreement for five (5) years following the end of this Agreement, and shall document all transactions so that all expenditures may be properly audited.
f. SUBRECIPIENT agrees that CITY or any authorized representative has access to and the right to examine all records, books, papers, or documents related to the project. g. SUBRECIPIENT agrees to allow CITY to monitor program and allow the CITY or any authorized representative access to all records, books, papers, or documents related to #6..
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FY 2022-23 EDI Agreement
the project within forty-eight (48) hours of a request to examine. CITY shall conduct quarterly onsite monitoring visits with the SUBRECIPIENT to review work progress. If during monitoring review CITY determines that insufficient progress has been made, it will include such information in its monitoring documentation and identify a corrective action plan. The corrective action plan shall include communication with the SUBRECIPIENT in order to ensure that all services will be delivered. If after the CITY communicates scope of work delivery concerns to the SUBRECIPIENT, the SUBRECIPIENT is not sufficiently able to ensure the CITY that there is a plan that will deliver the contracted scope of work, then CITY may recapture and reallocate funds. If monitoring visit results in sufficient evidence of adequate progress toward meeting the scope of work, then CITY will record that there is such progress in monitoring documentation forwarded to the SUBRECIPIENT.
h. SUBRECIPIENT shall develop and implement procedures to ensure: (1) the confidentiality of records pertaining to all program participants; (2) that program participants’ addresses will not be made public, except to the extent that this prohibition contradicts a preexisting privacy policy of the SUBRECIPIENT. i. SUBRECIPIENT may terminate assistance to a program participant who violates program eligibility requirements. SUBRECIPIENT may resume assistance to a program participant whose assistance was previously terminated. In terminating assistance to a program participants, SUBRECIPIENT must: (1) provide a formal process that recognizes the rights of individuals receiving assistance to due process of law with a written notice that includes (a) a clear statement of the reasons for termination; (b) a review of the decision, in which the program participant is given the opportunity to present written or oral objections before a third party; and (c) prompt written notice of the final decision to the program participants; (d) for purposes of this policy, a “Third Party” is defined as another agency staff person who has not previously evaluated the program participant for eligibility. SUBRECIPIENT must have clear written policies and procedures for the denial, discharge, or termination of program services.
j. SUBRECIPIENT agrees to provide to CITY, at SUBRECIPIENT’S cost, a certified audit performed by an accredited public accountant, of all funds received and utilized by SUBRECIPIENT, including the distribution of Economic Development Initiative funds for applicable fiscal year(s) to be delivered to CITY no later than October 1 following the end of the applicable fiscal year(s).
k. SUBRECIPIENT agrees to provide to CITY, at SUBRECIPIENT’S cost, an independent auditor’s report on compliance with requirements applicable to each major program and on internal control over compliance in accordance with OMB Circular A-133, when applicable.
l. SUBRECIPIENT hereby warrants that all project records, books, papers and documents will be retained for a period of not less than five (5) years after the project terminates #6..
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and grants CITY the option of retention of the project books, records, papers and documents.
m. SUBRECIPIENT agrees to obtain all necessary permits for intended activities. n. SUBRECIPIENT hereby severally warrants that it will establish and adopts safeguards to prohibit members, officers, and employees from using positions for purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business or other ties. Further, no member, officer, or employee of SUBRECIPIENT who exercises any functions or responsibility with respect to the program during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or subagreement, or the proceeds thereof, either for themselves or those with whom they have family or business ties, for work to be performed in connection with the program assisted under this Agreement.
o. The SUBRECIPIENT shall provide at its own expense and maintain at all times, the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the CITY as may be required by the Risk Manager of the CITY. SUBRECIPIENT shall submit evidence of insurance electronically via the Pacific Insurance Network Systems (PINS). The policies or certificates thereof shall provide that thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the CITY by registered mail, return receipt requested, for all of the following stated insurance policies:

Worker’s Compensation in compliance with the statutes of the State of California, plus employer’s liability with a minimum limit of liability of $1,000,000.

General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent contractors and subcontractors; products and completed operations as applicable.

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

Professional Liability insurance with a minimum limit of $1,000,000 per claim and policy aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work. #6..
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If at any time any of said policies shall be unsatisfactory to the CITY, as to form or substance or if a company issuing such policy shall be unsatisfactory to CITY, the SUBRECIPIENT shall promptly obtain a new policy, submit the same to the Risk Manager for approval and submit a certificate thereof as herein above provided. Upon failure of the SUBRECIPIENT to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the CITY, may be forthwith declared suspended, or terminated. Failure of the SUBRECIPIENT to obtain and/or maintain any required insurance shall not relieve the SUBRECIPIENT from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the SUBRECIPIENT concerning indemnification. The CITY, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Worker’s Compensation.

The Worker’s Compensation insurer shall agree to waive all rights of subrogation against the CITY, its agents, officers, employees and volunteers for losses arising from work performed by SUBRECIPIENT for the CITY.

The SUBRECIPIENT’s insurance policy(ies) shall include a provision that the coverage is primary as respects the CITY; shall include no special limitations to coverage provided to additional insured, and shall be placed with insurer(s) with acceptable Best’s rating of A:

VII or with approval of the Risk Manager. The SUBRECIPIENT must deliver certificates evidencing existence of the insurance listed above to the CITY prior to the time the contract is signed.

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

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

XIII. TERMINATION OF AGREEMENT:

The CITY may terminate this Agreement, with or without cause and at any point in time in the sole and absolute discretion of CITY, upon written notice to the SUBRECIPIENT. In the event the CITY terminates this Agreement, CITY shall compensate the SUBRECIPIENT for all outstanding costs incurred for work satisfactorily completed as of the effective date of the termination. SUBRECIPIENT shall maintain adequate logs and timesheets in order to verify costs incurred to date. SUBRECIPIENT may terminate this Agreement #6..
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upon breach by CITY, provided that SUBRECIPIENT has first provided CITY of the breach and then provided CITY with a reasonable opportunity to cure.

Without limiting the foregoing, CITY expressly reserves the right to terminate this Agreement upon written notification to SUBRECIPIENT under the following conditions:
a. Notification by the U.S. Department of Housing and Urban Development (HUD) to CITY that said project is ineligible because of project location, services provided, or any other reason cited by HUD.
b. Notification by HUD to CITY that said project is deficient and that continued support is not providing an adequate level of service to low-income and minority people.
c. Written notification from HUD to CITY that the program funds made available to CITY are being curtailed, withdrawn, or otherwise restricted. d. Failure of SUBRECIPIENT to submit to CITY required reports including monthly, quarterly or end of year reporting forms.
e. Failure of SUBRECIPIENT to submit to the CITY regular invoices/requisitions as stated in Appendix B
f. Failure by SUBRECIPIENT to meet project date, objectives or proposed goals/accomplishments as set forth herein.
g. Failure to comply with written notice from CITY of substandard performance in scope of service under the terms of this Agreement.
h. Expenditure of funds by SUBRECIPIENT and under this Agreement is for ineligible activities, services, or items.
i. If the SUBRECIPIENT shall fail to fulfill, in a timely and proper manner, its obligations under this Agreement, or if SUBRECIPIENT shall violate any of the covenants, Agreements or stipulations of this Agreement, CITY shall thereupon have the right to terminate by giving written notice to SUBRECIPIENT of such termination and specifying the effective date thereof, which shall be at least thirty (30) days before the effective date of such termination. Without prejudice, SUBRECIPIENT agrees that prior to the termination or expiration of this Agreement upon any final or interim audit by CITY of the U.S. Department of Housing and Urban Development, it shall be disclosed to be due to CITY (or shall, at CITY’s election, permit CITY to deduct such sums from whatever amounts remained undisbursed by CITY to SUBRECIPIENT pursuant to this Agreement). If this Agreement shall be terminated and it shall be disclosed upon such audit, or #6..
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otherwise, that such failure has occurred, then SUBRECIPIENT shall pay to CITY whatever sums are so disclosed to, or determined by CITY, to be due to CITY. j. CITY shall have the right to terminate this Agreement with or without cause at any time upon giving SUBRECIPIENT at least thirty (30) days written notice prior to the effective date of such termination.

XIV. HOLD HARMLESS AND INDEMNITY AGREEMENT:

SUBRECIPIENT shall hold the CITY, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out the performance of this Agreement. SUBRECIPIENT's obligation to defend, indemnify, and hold the CITY, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for SUBRECIPIENT to procure and maintain a policy of insurance. The provisions of this Section shall survive the expiration of the term of this Agreement.

XV. CIVIL RIGHTS
a. Compliance
The SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VII of the Civil Rights Act of 1968 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104{b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063 ,and Executive Order 11246 as amended by Executive Orders 11375, 11478,12107 and 12086.
b. Nondiscrimination
The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations and executive orders referenced in 24CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the Housing and Community Development Act of 1974 as amended are still applicable.
c. Land Covenants
This contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.

L. 88-352) and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this contract, the SUBRECIPIENT shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected there on providing that the GRANTEE and the #6..
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United States are beneficiaries of and entitled to enforce such covenants. The SUBRECIPIENT in undertaking its obligation to carry out the program assisted hereunder agrees to take such measures as are necessary to enforce such covenant. d. Section 504
The SUBRECIPIENT agrees to comply with all Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals with disabilities or handicaps in any federally assisted program. The GRANTEE shall provide the SUBRECIPIENT with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement.

XVI. EQUAL OPPORTUNITY IN PARTICIPATION AND EMPLOYMENT:

SUBRECIPIENT agrees that no person shall, on the grounds of race, color, national origin, religion, gender, sexual orientation, age, marital status, familial status, handicap, human immunodeficiency virus (HIV) status or any other basis prohibited by state or federal law, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available to SUBRECIPIENT pursuant to this Agreement. SUBRECIPIENT shall not on the grounds of race, color, national origin, gender, sexual orientation, age, marital status, familial status, handicap, human immunodeficiency virus (HIV) status, or any other basis prohibited by state or federal law:
a. Deny any service or other benefit provided under the program or activity; b. Provide any service or other benefit which is different, or is provided in a different form from that provided to others under the program or activity;
c. Subject to segregate or separate treatment in any facility, or in any manner or process related to receipt of any service or benefit under the program or activity;
d. Restrict in any way the enjoyment of any advantage or privilege enjoyed by others receiving any service or benefit under the program or activity; e. Treat an individual differently from others in determining whether he/she satisfies any admission, enrollment, eligibility, membership or other recruitment or condition which individuals must meet in order to be provided any service or other benefit provided under the program or activity; or
f. Deny an opportunity to participate in a program or activity as an employee;
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Provided however, that nothing in this paragraph shall prevent SUBRECIPIENT from taking any action to ameliorate an imbalance in services or facilities provided to any geographic area or specific group of persons, where the purpose of such action is to overcome prior discriminatory practice or usage, and provided, further, that nothing in this paragraph shall be construed to prohibit SUBRECIPIENT from maintaining or constructing separate living facilities or rest room facilities of the different genders.

In carrying out the program, SUBRECIPIENT shall not discriminate against any employee or applicant for employment because of race, color, national origin, religion, gender, sexual orientation, age, marital status, familial status, handicap, human immunodeficiency virus (HIV) status, or any other basis prohibited by state or federal law. SUBRECIPIENT shall make every effort to ensure that applicants for employment are employed and employees are treated during employment, without regard to their race, color, national origin, religion, gender, sexual orientation, age, marital status, familial status, handicap, human immunodeficiency virus (HIV) status, or any other basis prohibited by state or federal law. Such action shall include, but not be limited to, the following: employee promotion, demotion, or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. SUBRECIPIENT shall post in conspicuous places, available to employees and applicants for employment, notices of this nondiscrimination clause, without regard to race, color, national origin, religion, gender, sexual orientation, age, marital status, familial status, handicap, human immunodeficiency virus (HIV) status or any other basis prohibited by state or federal law. The SUBRECIPIENT shall incorporate the foregoing requirements of this paragraph in all of its Agreements for program work, and shall require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work.

XVII. EQUAL PARTICIPATION OF RELIGIOUS/FAITH-BASED SUBRECIPIENTS:

Under HUD, religious/faith-based organizations retain its independence from Federal, State, and local governments, and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided that it does not use direct HUD funds to support any inherently religious activities, such as worship, religious instruction, or proselytizing. Religious/faith-based organizations may use space in its facilities to provide HUD-funded services, without removing religious art, icons, scriptures, or other religious symbols. In addition, a HUD-funded religious/faith-based organization retains its authority over its internal governance, and it may retain religious terms in its organization’s name, select its board members on a religious basis, and include religious references in its organization’s mission statements and other governing documents. An organization that participates in any HUD program shall not, in providing program assistance, discriminate against a program participant or prospective program participant on the basis of religion or religious belief. #6..
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XVIII. BUSINESS AND EMPLOYMENT OPPORTUNITIES FOR LOW- AND MODERATE-INCOME RESIDENTS:

SUBRECIPIENT will conform to the rules and regulations set forth under Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701 (u)) as amended, and the HUD regulation issued pursuant thereto as 24 CFR, Part 135. This Act requires that, to the greatest extent feasible, opportunities for training and employment be given to lowand moderate-income residents of the project area.

XIX. LABOR STANDARDS:

SUBRECIPIENT shall comply with all applicable labor standards, as set forth in section 110(a) of Title I of the Housing and Community Development Act of 1974, as amended (42 U.S.C. 5301, et seq.). The use of volunteers shall comply with the regulations in 24 CFR Part 70.

XX. PROVISION OF THE HATCH ACT:

Neither SUBRECIPIENTS’ program nor the funds provided thereof, nor the personnel employed in the administration of the program shall be in any way or to any event engaged in the conduct of political activities in contravention of Chapter 15 of Title 5, United States Code.

XXI. CONFLICT OF INTEREST:

SUBRECIPIENT shall comply with 2 CFR 570.611, 2 CFR 200.112 (formerly 24 CRF 84.42) and all applicable federal standards of ethical conduct, which prohibit any employee, officer, or agent of SUBRECIPIENT from participating in the selection, award, or administration of a federally funded contract if a real or apparent conflict of interest would be involved. With respect to all other decisions involving the use of Community Development Block Grant funds, the following restriction shall apply: No person who is an employee, agent, consultant, officer, or elected or appointed official of the SUBRECIPIENT and who exercises or has exercised any functions or responsibilities with respect to assisted activities, or who is in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, either for himself or herself or for those with whom he or she has family or business ties, during his or her tenure or for one year thereafter.

XXII. LEAD-BASED PAINT POISONING PREVENTION:

SUBRECIPIENT agrees to uphold the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing regulations at part 35, subparts A, B, J, K, and R of this title apply to activities under CDBG.

XXIII. DRUG-FREE WORKPLACE:
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SUBRECIPIENT will maintain a drug-free workplace and will comply with all applicable Federal, State and local laws pertaining to a drug free workplace.

XXIV. PROVISION REQUIRED BY LAW DEEMED INSERTED:

Each and every position of law and clauses required by law to be inserted in this Agreement shall be deemed to be inserted herein, and the Agreement shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, the Agreement shall forthwith be physically amended to make such insertion or correction.

XXV. NOTICES:

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

To CITY: CITY OF MODESTO
Community & Economic Development Department
Attn: Community Development Division
P. O. Box 642
Modesto, Ca 95353
To SUBRECIPIENT: Downtown Streets, Inc. Attention:

Chief Operations Officer
1671 The Alameda #306
San Jose, CA 95126
XXVI. ENTIRE AGREEMENT:

This Agreement and its exhibits contain the entire understanding between SUBRECIPIENT and the CITY. Additional or new terms contained in this Agreement, which may vary from SUBRECIPIENT’s proposal, are controlling and are deemed accepted by SUBRECIPIENT. All previous proposals, offers, and communications relative to this Agreement, whether oral or written are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by the parties.

XXVII. PARTIAL INVALIDITY:

If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way. #6..
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XXVIII. GOVERNING LAW/VENUE:

This Agreement shall be governed according to the laws of the State of California and venue shall be the Superior Court in Stanislaus County.

XXIX. AUTHORITY TO ENTER INTO AGREEMENT
The undersigned persons signing as officers on behalf of SUBRECIPIENT, and party to this Agreement, hereby severally warrant and represent that said persons have authority to enter into this Agreement on behalf of said SUBRECIPIENT and to bind the same to this Agreement, and further that said SUBRECIPIENT has authority to enter into this Agreement and that there are no restrictions or prohibitions contained in any articles of incorporation or by-laws against entering into this Agreement.

Both parties hereto in the performance of this Agreement will be acting in an independent contractor capacity and not as agents, employees, partners or joint ventures with one another. SUBRECIPIENT is not an employee of CITY and is not entitled to any of the rights, benefits, or privileges of CITY employees, including, but not limited to medical, unemployment, or Worker’s Compensation insurance.

SIGNATURES ON FOLLOWING PAGE
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Signature Page
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EXHIBIT A

RESOLUTION OF APPROVAL
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EXHIBIT B

FEDERAL AWARD IDENTIFICATION INFORMATION
i) SUBRECIPIENT’s name: Downtown Streets Inc.
ii) SUBRECIPIENT’s UEI Number:
iii) Federal Award Identification Number (FAIN):
iv) Federal Award Date:
v) Subaward Period of Performance Start and End Date: 10/01/2022 to 09/30/2025 vi) Amount of Federal Funds Obligated by this action by the CITY entity to the SUBRECIPIENT:
vii) Total Amount of Federal Funds Obligated to the SUBRECIPIENT by the CITY including the current obligation:
viii) Total Amount of the Federal Award committed to the SUBRECIPIENT by the CITY:
ix) Federal award project description, as required to be responsive to the Federal Funding Accountability and Transparency Act (FFATA):
x) Name of Federal awarding agency:

Housing and Urban Development
xi) Contact information for CITY official responsible for awarding funding:

Community Development Manager
1010 10th Street Suite 3100, Modesto, CA95354
xii) CFDA Number and Name:

Not Applicable
xiii) Identification of whether the award is Research and Development (R&D):

Not Applicable
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Appendix A

1. To provide housing relocation and stabilization services and short- and/or medium-term rental assistance necessary to prevent an individual or family from moving into an emergency shelter or another place described in paragraph (1) of the “homeless” definition in §576.2. This assistance, referred to as homelessness prevention, may be provided to individuals and families who meet the criteria under the “at risk of homelessness” definition, or who meet the criteria in paragraph (2), (3), or (4) of the “homeless” definition in §576.2 and have an annual income below 30 percent of median family income for the area, as determined by HUD. The costs of homelessness prevention are only eligible to the extent that the assistance is necessary to help the program participant regain stability in the program participant's current permanent housing or move into other permanent housing and achieve stability in that housing. Homelessness prevention must be provided in accordance with the housing relocation and stabilization services requirements in §576.105, the short-term and medium-term rental assistance requirements in §576.106, and the written standards and procedures established under §576.400

2. Numerical Goal: 25 unduplicated Households per program year

3. Total Grant Award: $400,000

4. Approved Assistance Type(s): Downtowns Streets, Inc. will utilize EDI funds to provide housing and stabilization services to homeless individuals or families by providing assistance with rental subsidies, utility deposit arrears, deposit assistance, flexible programmatic funds, and case management.

5. Reporting Requirements
a. HUD recordkeeping regulations at 24 CFR Part 121 specifies the types of racial and ethnic data to be maintained. Subrecipient shall use HUD-issued “OMB Standards for Federal Data on Race and Ethnicity: HUD Policy Statement and Implementing Guidelines” that specifies the manner in which racial and ethnic characteristics are to be gathered, maintained, and submitted to City of Modesto and HUD. This format shall be utilized to collect racial and ethnic data. This format allows for selfidentification of ethnicity from one of two ethnic categories (i.e., “Hispanic/Latino” and “Non-Hispanic/Latino”) and race from one or more of five racial categories.

Observation method is described in the implementing guidelines indicated above. (Required by Title VI and Section 109 implementing regulations at 24 CFR Parts #6..
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1.6(b) and 6.10(c) and with recordkeeping requirements at 24 CFR Part 121) (Contact the City for a Copy of all Standard Forms)
b. Subrecipient shall gather, maintain, and submit racial, ethnic, gender, head of household and family, housing status and financial assistance received for each program participant documentation that describes the extent to which Program beneficiaries to the activity funded by this Agreement. Beneficiaries and prospective beneficiaries shall be expected to self-identify disability status. This requirement is intended to ensure meaningful access and participation for persons with disabilities. (Required by Section 504 implementing regulations at 24 CFR Part 8.55(b) c. Subrecipient shall analyze, at least on a quarterly basis, the degree to which racial and ethnic minorities, female-headed households, persons with disabilities, as well as the categories covered in paragraph “4.b.” of this Exhibit, are participating in the activity funded by this Agreement. Where subrecipient identifies underrepresentation of any group (underrepresentation of 10% or more in participation compared to its representation in the Modesto general population is considered significant) based on race, color, national origin, gender, or disability, the subrecipient shall adjust the administration of this funded activity in an effort to promote greater equity in participation (e.g., affirmative marketing/outreach). (Required by Title VI and Section 109 implementing regulations at 24 CFR Parts 1.4 and 6.4; Section 504 implementing regulations at 24 CFR Part 8.4(b); Section 808(e)(5) of the Fair Housing Act which requires HUD-funded activities to affirmatively further fair housing; and HUD’s Civil Rights-Related Program Requirements at 24 CFR 570.601)

6. Definitions:
a. Family is defined in the Entitlement program as a group of persons residing together, and includes but is not limited to: a family with or without children, an elderly family; a near-elderly family; a disabled family; a displaced family; An individual living in a housing unit that contains no other person(s) related to him/her is considered to be a one-person family for this purpose. Adult children who continue to live at home with their parent(s) are considered to be part of the family for this purpose and their income must be counted in determining the total family income. A dependent child who is living outside of the home (for example, students living in a dormitory or other student housing) is considered for these purposes to be part of the family upon which he/she is dependent, even though he/she is living in another housing unit.
b. Household is defined in the Entitlement program as all persons occupying the same housing unit, regardless of their relationship to each other. The occupants could #6..
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consist of a single family, two or more families living together, or any other group of related or unrelated persons who share living arrangements.

7. Additional Requirements:
a. Subrecipients that employ fifteen (15) or more persons shall designate at least one person to coordinate efforts to comply with Section 504 requirements. Designated Section 504 (Accessibility) Coordinator shall coordinate efforts to comply with Section 504 program and physical requirements. Requirements include, but are not limited to: posting in a non-discrimination notice that includes the name and contact telephone number for the Section 504 Coordinator (notice must also be included in informational, advertising, and marketing materials); reasonable accommodation, removal of architectural barriers, policies and practices that promote access for persons with disabilities, grievance policies and procedures that incorporate appropriate due process standards and that provide for the prompt and equitable resolution of complaints alleging any action prohibited by Section 504, etc. b. Grievance procedures shall include: 1) overseeing the investigation and resolution of complaints by the designated Section 504 Coordinator and documenting the number, nature, and outcomes of grievances; 2) notifying an individual of the right to file a complaint with the state or federal government against the City of Modesto or subrecipient without filing first with the state office; 3: displaying the name(s) and phone number(s) of the Section 504 Coordinator(s); and 4) notifying applicants, participants, and beneficiaries of its grievance policy on all forms and documents used to communicate with them or when the City of Modesto or subrecipient’s decision may have an adverse impact to a prospective applicant, participant, or beneficiary. Subrecipient shall post the grievance policy at its office to notify applicants, participants, and beneficiaries. (Required by Section 504 implementing regulations at 24 CFR Part 8.53(a).
c. Homeless Service Providers shall participate in the local Continuum of Care’s Homeless Information Management Systems (HMIS) and shall comply with the HMIS Data Quality Standards as adopted by the local Continuum of Care. These standards include, but are not limited to: timely inputting of client-level data, utilization of standardized forms, attending required trainings, adoption of specific workflows, etc. While safe havens are exempt from these requirements, these types of organizations are still required to operate a data management system with data standards that meet or exceed HMIS data standards.
d. EDIsubrecipients shall be required to submit QUARTERLY Consolidated Annual Performance and Evaluation Report (CAPER) Data Reports. e. City of Modesto may withhold reimbursement payment(s) in cases of noncompliance until non-compliance is cured. #6..
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APPENDIX B

1. Budget: Budget line items may be modified by mutual agreement with written authorization by Program Manager or a City of Modesto designee.

2. Reimbursement Eligibility:
a. In order for costs to be reimbursable, costs must be reasonable, allowable, documented, and allocable. Only an executed subrecipient funding agreement authorizes these costs to be reimbursed for costs incurred during the term of the agreement. Any expenditure accrued or costs incurred prior to or after the term of the agreement will be ineligible for reimbursement.
b. City of Modesto reserves the right to hold or return reimbursement requests and disallow incurred expenses based on compliance with agreement. All financial transactions must be supported by complete and verifiable source documents.

These records must provide a clear audit trail and must be maintained as specified by federal guidelines.

3. Reimbursement Request Submission:
a. Subrecipients must use the City of Modesto’s Neighborly invoicing system for invoice and supporting documentation submission.
b. Unless Subrecipient and CITY have agreed to monthly invoicing submittal, Subrecipient must submit reimbursement requests at least once per quarter. c. Subrecipients that have agreed to submit monthly invoicing, must submit its Draw Requests no later than 10 days after the end of the month. Failure to comply with this requirement may default to a quarterly invoice if decided by CITY staff.
d. Subrecipients can continue to use their own “in-house” invoicing form which will be considered part of its invoice supporting documentation. Invoice supporting documentation must include, at a minimum, the following information:
i. Supporting Documentation must be neatly organized and bundled by approved budget line item categories (i.e. salaries, operations, etc). Each bundle must clearly identify which budget line item the documentation applies to by placing an itemized summary sheet/cover page on each bundle listing each invoice with subtotals and/or totals. ii. Staffing Costs:

1. Timesheets for each staff member charging time to the funding source must be submitted for each pay period. The City of Modesto will only reimburse time/salary for job
positions/personnel identified and approved within the
application for funding. If at any time during the contract period there is a change in program personnel within the approved job #6..
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FY 2022-23 EDI Agreement
position, Subrecipient must notify the City of Modesto of the change and request City approval to fund new personnel;

2. Allowable time charged to the grant for each CITY approved position will be limited to the number of hours allocated to the project as listed in the application.

3. Staff and her/his manager must sign timesheets;

4. Timesheets must reflect the total time worked each day with the amount of City of Modesto Community Development Block Grant time being charged to this grant clearly identified. Only Community Development Block Grant hours worked will be paid, based on the hourly rate approved at the time of application; supporting documentation of pay increases during the program year for staff covered by the grant must be submitted (e.g. Human Resources pay rate increase documentation and/or other
equivalent documentation that demonstrates a pay rate increase was processed and approved).

5. If the employee is hourly pay exempt, salary will be allocated based on the hours worked. If the total number of hours worked is not listed, then hourly rate will be based on an average 40-hour work week.

6. The cost of fringe benefits in the form of employer contributions or expenses for social security; employee life, health, unemployment, and worker's compensation insurance (except as indicated in § 200.447); pension plan costs; and other similar benefits are allowable, provided such benefits are granted under established written policies. Such benefits, must be allocated to Federal awards and all other activities in a manner consistent with the pattern of benefits attributable to the individuals or group(s) of employees whose salaries and wages are chargeable to such Federal awards and other activities, and charged as direct or indirect costs in accordance with the non-Federal entity’s accounting practices.

7. The cost of fringe benefits in the form of regular compensation paid to employees during periods of authorized absences from the job, such as for annual leave, family-related leave, sick leave, holidays, court leave, military leave, administrative leave, and other similar benefits, are allowable if all of the following criteria are met:
(i) They are provided under established written leave policies; #6..
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FY 2022-23 EDI Agreement
(ii) The costs are equitably allocated to all related activities, including Federal awards; and,
(iii) The accounting basis (cash or accrual) selected for costing each type of leave is consistently followed by the non-Federal entity or specified grouping of employees.

8. Bonuses are not allowable expenses. Subrecipient may pay for overtime, extra-pay shifts, and multi-shift work only with prior approval from the City of Modesto, except as follows: i) When necessary to cope with emergencies, such as those resulting from accidents, natural disasters, breakdowns of equipment, or occasional operational bottlenecks of a sporadic nature; ii) When employees are performing indirect functions, such as
administration, maintenance, or account; iii) In the performance of tests, laboratory procedures, or other similar operations which are continuous in nature and cannot reasonably be interrupted or otherwise completed.; or iv) When lower overall cost to the federal Government will result.

9. If there are more than 6 timesheets, timesheets must be summarized indicating calculation of time to the reimbursement amount requested; and

10. Proof of payment, such as a payroll register or copies of paychecks must also be included.
e. City of Modesto funds are released on a reimbursement basis, except when authorized by the City of Modesto for advanced payment. Requested reimbursement for costs must have the City’s Standard Invoicing form with source documentation that substantiates that the costs were incurred and evidence of payment made. Payment by the City is not to be construed as final in the event it or HUD disallows any reimbursement of costs.

4. If EDI funds are utilized to provide Financial Assistance for a housing unit to be occupied by a program participant, the housing unit shall be inspected by the City of Modesto staff for compliance with the habitability standards required for the Housing Choice Voucher program.
a. All such housing units shall be subject to a Housing Quality Standards (HQS) inspection by City of Modesto Staff.
b. SUBRECIPIENT shall notify CITY when such an inspection is required. c. SUBRECIPIENT shall give CITY a minimum 48-hour notice of said inspection need.

The CITY will make a reasonable effort to conduct an inspection as soon as possible, but does not guarantee that the inspection will occur within a specific timeframe.
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FY 2022-23 EDI Agreement
d. SUBRECIPIENT shall be charged a fee of $150.00 per inspection. i. The City will send an invoice to SUBRECIPIENT for each inspection; the SUBRECIPIENT may in turn bill this fee to the EDI contract with SUBRECIPIENT’s next request for reimbursement; or
ii. Alternatively, the SUBRECIPIENT may choose to pay this fee from an alternate funding source and apply this fee as EDI leverage. e. An inspection sheet, indicating whether the unit passed or failed, will be provided to SUBRECIPIENT within 24 hours of the inspection completion. i. All housing units intended for use of housing placement of EDI program participants must obtain a “Pass” as the inspection result to be eligible for EDI assistance.
f. SUBRECIPIENT is responsible for ensuring landlords are aware of and prepared for the habitability inspections.
g. Units requiring an inspection shall be inspected on an annual basis for the duration of time the unit is receiving EDI assistance, in accordance with the protocol set forth in this section.
h. If a unit has a change of tenancy and the new tenant is to receive EDI Financial Assistance for the unit, the unit must be re-inspected. SUBRECIPIENT shall request that the unit be re-inspected, in accordance with the requirements of this section.
i. SUBRECIPIENT shall keep a record of inspections for units receiving EDI funding. 5150369.1
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

November 1, 2022
Date: September 29, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jaylen French, Community and Economic Development Director SUBJECT: Agreement with Michael Baker International for the development of the 6th Cycle General Plan Housing Element Update
CONTACT: Jessica Hill, Community Development Manager
[email protected], 209-577-5321
DESCRIPTION:

Consider approving an Agreement with Michael Baker International for the development of the 6 th Cycle General Plan Housing Element Update, in an amount not to exceed $349,790. (Funding Source: Local Early Action Planning (LEAP) Grant, SB2 Planning Grant) STRATEGIC PLAN ELEMENT:

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

Develop Homelessness and Housing Plan.

BACKGROUND:

California Government Code (GC) Section 653021 requires each city and county in the state to prepare a general plan, a “comprehensive, long-term” plan for the physical development or preservation of lands within or proximate to the jurisdiction’s boundaries. Pursuant to Subsection “c” of GC Section 65302, each general plan must include, at a minimum, elements addressing land use, transportation/circulation, conservation, open space, safety, noise, environmental justice, and housing. The housing element is one of the eight (8) elements that make-up the City’s General Plan.

The City’s 2015-2023 Housing Element is set to expire, and housing elements in the Stanislaus County region must be adopted by December 31, 2023 (with a 120-day grace period ending April 29, 2024). If certification is not achieved by the grace period, the City is provided one year from the adoption deadline to complete the necessary action to meet the City’s designated housing needs, whereas if certification is achieved within the grace period, the City is provided three years from the adoption deadline to complete the necessary actions. Due to the level of complexity in preparing the housing element within these time constraints, the City has sought 1 Law section (ca.gov) - California Government Code (GC) Section 65302 #7..
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City Council, November 1, 2022
Agreement with Michael Baker International for the development of the 6th Cycle General Plan Housing Element Update

to engage with a consultation firm that specializes in preparation of the housing elements throughout the State.

The Stanislaus Council of Governments (StanCOG)2, the region’s Metropolitan Planning Organization (MPO), is responsible for the preparation of the region’s Regional Housing Needs Allocation (RHNA), which is the distribution of the identified total housing need issued by the State to the region’s jurisdictions of. StanCOG adopted the RHNA on August 17, 2022. The City’s 6th Cycle RHNA for the period between 2023 and 2031 is 11,248 units. The Housing Element is the planning document used to determine how the City is to accommodate this housing need.

DISCUSSION:

On June 18, 2021, the Planning Division, in coordination with the Purchasing Division, issued a formal request for proposals (RFP) to assist with the development of a housing element. The City did not receive any bids with this request.

On December 21, 2021, with the approval of the Director of Finance, Purchasing Manager and Planning Manager, the Planning Division released a targeted informal RFP to firms that have experience in assisting in preparing Housing Elements. The informal bidding process closed on February 3, 2022.

Of the seven (7) firms solicited in this process, two (2) firms returned proposals to the City for review. Michael Baker International was the lowest responsible bidder at $349,790. The complete Michael Baker International proposal is included as Attachment 1. The scope for this plan development includes the following:
 Task 1 – Project Management and Coordination: Pre-Consultation Kick-off, Project scheduling, and defining expectations.
 Task 2 – Community Outreach and Engagement: Includes Community Workshops (2), City Council or Joint City Council/Planning Commission Study Session, Stakeholder Interviews and surveys, and Public Review Draft Hearing  Task 3 – Research and Analysis: Evaluation of 2015-2023 Housing Element and Accomplishments, Housing Needs Assessment, Affirmatively Furthering Fair Housing (AFFH), Housing Resources and Sites Inventory, Housing Constraints, and Housing Plan (Goals, Policies, and Quantified Objectives)
 Task 4 – Housing Element Preparation: Draft Housing Element (Screen check and Public Review Drafts) and State of California Department of Housing and Community Development (HCD) Substantial Compliance Review and Final Draft Housing Element  Task 5 – California Environmental Quality Act (CEQA) and CEQA Strategy Development  Task 6 – Housing Element Adoption and Certification: Planning Commission, City Council Hearings, and State Certifications
2 StanCOG – Stanislaus Council of Governments
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City Council, November 1, 2022
Agreement with Michael Baker International for the development of the 6th Cycle General Plan Housing Element Update

Modesto Municipal Code (MMC) Section 8-3.203 generally requires all purchases that meet or exceed $50,000 for material, equipment, or contractual services to follow the formal bid procedures. Due to the no bids received as part of the formal bidding process, the RFP was granted special consideration by the Purchasing Manager to be conducted informally.

The award and Agreement for development of the 6th Cycle General Plan Housing Element Update for the Community and Economic Development Department to Michael Baker International conforms with MMC Section 8-3.204 (d), “...where the Purchasing Manager, in his or her discretion, determines that a process other than the formal bid procedure set forth in Section 8-3.203 will result in a procurement for the City at the lowest possible cost commensurate with the desired quality. Such alternatives may include, but are not limited to, a "two-step" procurement process or a procurement based solely on a technical evaluation.” FISCAL IMPACT:

The Agreement with Michael Baker International to prepare the 6th Cycle General Plan Housing Element Update will be funded in an amount not to exceed $349,790, through a combination of both the State’s Local Early Action Planning (LEAP) and SB2 Planning grant funds. There is no impact to the General Fund.

COMMITTEE RECOMMENDATION:

This Item was presented to Economic Development Committee October 3, 2022, as an Agreement with Michael Baker International for the development of the 6th Cycle General Plan Housing Element Update, total amount not to exceed $349,790, and was recommended to forward to Council for future award of construction.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the Agreement with Michael Baker International for the development of the 6th Cycle General Plan Housing Element Update, for an amount not to exceed $349,790 and authorizing the City Manager, or his designee, to execute the Agreement.

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

1. Resolution

2. Standard Consultant Agreement

3. Exhibit A to the Consultant Agreement
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11.01 2022/C&ED/Jessica Hill 1 2022-

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-

RESOLUTION APPROVING THE AGREEMENT WITH MICHAEL BAKER
INTERNATIONAL FOR THE DEVELOPMENT OF THE 6TH CYCLE

GENERAL PLAN HOUSING ELEMENT UPDATE, FOR AN AMOUNT NOT TO EXCEED $349,790 AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE AGREEMENT.

WHEREAS, California Government Code (GC) Section 65302 requires each city and county in the state to have a general plan, a “comprehensive, long-term” plan for the physical development or preservation of lands within or proximate to the jurisdiction’s boundaries. Pursuant to Subsection “c” of GC Section 65302, each general plan must include, at a minimum, elements addressing land use, transportation/circulation, conservation, open space, safety, noise, environmental justice, and housing; and WHEREAS, the housing element is one of the nine elements that make-up the City’s General Plan; and
WHEREAS, the City’s 2015-2023 Housing Element is set to expire, and housing elements in the Stanislaus County region must be adopted by December 31, 2023 (with a 120-day grace period ending April 29, 2024.); and
WHEREAS, if certification is not achieved by the grace period, the City gets only one year from the adoption deadline to complete the necessary action to meet the City’s designated housing needs; and
WHEREAS, due to the level of complexity in preparing the housing element within these time constraints, the City has sought to engage with a consultation firm that specializes in preparation of the housing elements throughout the State; and WHERAS, on June 18, 2021, the Planning Division and in coordination with the Purchasing Division issued a formal request for proposals (RFP) to assist with the #7..
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11.01 2022/C&ED/Jessica Hill 2 2022-
development of a housing element and the City did not receive any bids with this request; and
WHEREAS, on December 21, 2021, with the approval of the Director of Finance, Purchasing Manager and Planning Manager, the Planning Division released a targeted informal RFP to firms that have experience in assisting with this endeavor. The informal bidding process closed on February 3, 2022; and
WHEREAS, of the seven (7) firms solicited in this process only two (2) firms returned proposals to the City for review. Michael Baker International was the lowest responsible bidder at $349,790; and
WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases that meet or exceed $50,000 for material, equipment, or contractual services to follow the formal bid procedures. Due to the failure of the formal bidding process, the RFP was granted special consideration by the Purchasing Manager to be conducted informally; and
WHEREAS, the award and agreement for development of the 6th Cycle General Plan Housing Element Update for the Community and Economic Development Department to Michael Baker International conforms with Modesto Municipal Code Section 8-3.204 (d), “Purchasing Manager, in his or her discretion, determines that a process other than the formal bid procedure set forth in Section 8-3.203 will result in a procurement for the City at the lowest possible cost commensurate with the desired quality. Such alternatives may include, but are not limited to, a "two-step" procurement process or a procurement based solely on a technical evaluation.”. #7..
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11.01 2022/C&ED/Jessica Hill 3 2022-
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the agreement with Michael Baker International for the development of the 6th Cycle General Plan Housing Element Update, in an amount not to exceed $349,790.

BE IT FURTHER RESOLVED that authorizing the City Manager or his designee to execute the agreements in a form approved by the City Attorney. #7..
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11.01 2022/C&ED/Jessica Hill 4 2022-
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 1st day of November 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
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Reviewed/Approved by Legal (Frank/Jessica) 2020-08-05 -1- City of Modesto Housing Element

STANDARD AGREEMENT

FOR CONSULTANT SERVICES
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this day of , 2022 (“Effective Date”), by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and MICHAEL BAKER INTERNATIONAL, a California corporation, hereinafter referred to as "Consultant." This Agreement is made with regard to the following recitals:

A. The City has determined that development of the 6th Cycle General Plan Housing Element Update should be prepared for the City to meet requirements of California Government Code (GC) Section 65302.

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

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

1. SCOPE OF SERVICES.

Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached hereto and referred to as Exhibit "A" or "project". The Consultant shall perform the services as described in Exhibit "A" in a manner compatible with the standards of its profession, and shall produce a fully complete project that is acceptable to City, such acceptance to not be unreasonably withheld, delayed or conditioned.

2. TERM OF AGREEMENT.
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10/24/22 C:\Users\amog\AppData\Local\Temp\Scrub\ubg0n2ia\blh11f2p.docx This Agreement is effective as of the date first written above and will continue in effect until City's acceptance of and payment for all services authorized by City and performed by Consultant, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

City hereby gives Consultant notice to proceed with the preparation of the project in the manner described in Exhibit "A", as of the Effective Date of this Agreement. Consultant shall diligently proceed with the preparation of the project and agrees to complete said preparation within the time period set forth in Exhibit "A".

3. COMPENSATION.

Consultant agrees to accept a sum not to exceed THREE

HUNDRED FORTY-NINE THOUSAND SEVEN HUNDRED AND NINETY
DOLLARS ($349,790) as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit "A" and for performance by Consultant of all of its duties and obligations under this Agreement.

The Compensation shall be paid pursuant in the manner and at the times set forth below:

All work to be performed under this Agreement shall be billed at the rates set forth in Exhibit “A” attached hereto, Consultant shall submit monthly invoices to City which include detailed tasks, hours worked, and billable rates for all work completed, and detailed receipts for any out-of-pocket, reimbursable costs paid by Consultant in connection with work performed on this project.

4. OBLIGATIONS OF CONSULTANT.
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Throughout the term of this Agreement, Consultant shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business. Consultant warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the City with the services contemplated by this Agreement. Consultant further warrants that it will follow the, generally accepted professional practices, which are to the level of skill and care ordinarily observed by like professionals performing similar services under similar circumstances (“Standard of Care”) to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.

5. PERFORMANCE BY KEY EMPLOYEE.

Consultant has represented to City that Dan Wery, Project Manager, Housing Lead, will be the person primarily responsible for the performance of the services referred to in this Agreement. City has entered into this Agreement in reliance on that representation by Consultant. Consultant therefore agrees that the time to be devoted to the project that is the subject of this Agreement will be from that of the above-named person in accordance with the number of estimated hours as stated in Exhibit A.

6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

Ownership of Documents
All reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of the City, and may be used by City as it may require without any additional cost to City. #7..
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10/24/22 C:\Users\amog\AppData\Local\Temp\Scrub\ubg0n2ia\blh11f2p.docx No reports shall be used by the Consultant for purposes other than this contract without the express prior written consent of City. Any reuse or modification by City of any such materials on any project other than the project which is the subject of this Agreement without Consultant’s prior written consent shall be at the sole risk of City and City agrees to indemnify and hold harmless Consultant from all costs, losses, and expenses, including legal fees, incurred as a result of any such use or decision by City.

Title to Data
If, as a part of the agreement, Consultant is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual aids and other related materials, the originals of all such data generated under this agreement will be delivered to City upon the completion or termination of services under this Agreement.

All materials, documents, data or information obtained from the City data files or any City medium furnished to Consultant in the performance of this Agreement will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Consultant after termination of this Agreement without written consent of the City.

7. NEWS AND INFORMATION RELEASE.

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

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

9. AMENDMENTS.

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

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

10. INDEPENDENT CONTRACTOR.

All acts of Consultant, its agents, officers, and employees and all others acting on behalf of Consultant relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of City. Consultant, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. Consultant has no authority or responsibility to exercise any rights or power vested in the City. No agent, officer, or employee of the City is to be #7..
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10/24/22 C:\Users\amog\AppData\Local\Temp\Scrub\ubg0n2ia\blh11f2p.docx considered an employee of Consultant. It is understood by both Consultant and City that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture.

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

Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement.

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

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

It is understood and agreed that as an independent contractor and not an employee of City neither the Consultant or Consultant's assigned personnel shall #7..
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have any entitlement as a City employee, right to act on behalf of the City in any capacity whatsoever as an agent, or to bind the City to any obligation whatsoever.

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

As an independent contractor, and to the extent City has treated Consultant as an independent contractor as set out herein, Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement.

11. ASSIGNMENT.

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

12. PATENT/COPYRIGHT MATERIALS.

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

13. NOTICES.

Any and all notices permitted or required to be given hereunder shall be deemed duly given and effective (a) upon actual delivery, if delivery is by hand; or (b) five (5) days after delivery into the United States mail if delivery is by postage paid #7..
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10/24/22 C:\Users\amog\AppData\Local\Temp\Scrub\ubg0n2ia\blh11f2p.docx registered or certified (return receipt requested) mail. Each such notice shall be sent to the parties at the address respectively indicated below or to any other address as the respective parties may designate from time to time.

FOR Consultant:

Dan Wery
Michael Baker International
9755 Clairemont Mesa Boulevard, Suite 100
San Diego, CA 92124
(858) 354-0116
FOR CITY:

City of Modesto
Planning Division
Attn: Community Development Manager
P.O. Box 642
Modesto, CA 95354
(209) 577-5211

14. INSURANCE REQUIREMENTS.

The Consultant shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed or authorized in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation (all policies) or material change (professional liability policy) in the policy, notices of same shall be given to the Risk Manager of the City U.S. first class mail, for all of the following stated insurance policies.
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(a) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000.
(b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and $1,000,000 for property damage or $1,000,000 combined single limit. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required per-occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent consultants and subcontractors; products and completed operations.
(c) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and $1,000,000 property damage or $1,000,000 combined single limit. This insurance shall cover any automobile for bodily injury and property damage.
(d) Professional Liability (Errors and Omissions) Insurance with limits not less than $2,000,000 per claim, $4,000,000 aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.

If at any time any of said policies shall be unsatisfactory to the City, as to form or substance, or if a company issuing such policy shall be unsatisfactory to the City, City shall have the right to terminate this Agreement.. Upon failure of the #7..
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10/24/22 C:\Users\amog\AppData\Local\Temp\Scrub\ubg0n2ia\blh11f2p.docx Consultant to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the City, may be forthwith declared suspended or terminated. Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. CONSULTANT shall provide CITY with separate endorsements evidencing proof of the CITY’s additional insured status as to both the general liability and automobile liability insurance policies. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers for losses arising from work performed by Consultant for the City. In addition, CONSULTANT shall provide CITY with a Workers Compensation subrogation waiver by way of a separate endorsement. The Consultant's General Liability and Automobile Liability insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special limitations to coverage provided to additional insured; and, all policies shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager. The Consultant must deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.
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All endorsements referenced above must include the applicable policy number.

15. TERMINATION OF AGREEMENT.

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

Termination by City for Convenience
The City may also terminate the Consultant's performance under the Agreement, either in whole or in part, at its own discretion, or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason. The City shall provide no less than ten (10) calendar days written notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide the Consultant with consultation with the City prior to termination.

Termination by City for Lack of Budgeted Funds
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10/24/22 C:\Users\amog\AppData\Local\Temp\Scrub\ubg0n2ia\blh11f2p.docx The City may terminate this Agreement effective July 1 of any given year upon the City's determination to not appropriate sufficient funds for this Agreement for the ensuing fiscal year. In such event City shall give Consultant not less than 30 days written notice of intent to terminate.

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

Post-Termination Procedures
If this Agreement is terminated pursuant to this Section, Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees,
subconsultants and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and Subcontractors except as
necessary to complete any portion of the Work that is not terminated;
c. City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subconsultants, but in no event shall recovery by any
Consultant or subconsultant include lost profits for portions of the Work not completed or undertaken, including
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materials not delivered;
d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been
accumulated by the Consultant in performing the Work
whether completed or in process;
e. Settle outstanding liabilities and claims, subject to the approval of City;
f. Complete performance of such part of the Work as has not been terminated;
g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work;
h. If City so requests, and at City's cost, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project.
i. The Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which were not properly performed within the Standard of Care as of the termination date.
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10/24/22 C:\Users\amog\AppData\Local\Temp\Scrub\ubg0n2ia\blh11f2p.docx City will pay Consultant an amount based on the percentage of work completed within the Standard of Care in accordance with the notice of termination. If the Agreement is terminated pursuant to the subparagraph entitled Termination by City for Default of Consultant, Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which were not properly performed within the Standard of Care as of the termination date. The final payment to the Consultant after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subconsultant
agreements or contracts for materials;
b. The Agreement price allocable to the portion of the
Work properly performed or goods supplied to the work
site by the Consultant as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Consultant.

16. CERTIFIED PAYROLL REQUIREMENT.

For consultants performing field work on public works contracts on which prevailing wages are required: The Consultant shall comply with the provisions of Section 1776 of the California Labor Code, regarding payroll records, and shall require its subconsultants and subcontractors to comply with that section as may be required by law. #7..
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17. INDEMNITY.

The Consultant shall hold the City, its agents, officers, employees, and volunteers, harmless from and indemnify and defend them against any and all claims, losses, liabilities, judgments or damages, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent act or omission of Consultant except to the extent the act or omission arises from the negligence or other liability of City, or its agents, officers, and employees or volunteers relating to or during the performance of its obligations under this Agreement.

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

Neither party shall have any claim or right against the other, whether in contract, warranty, tort (including negligence), strict liability or otherwise, for any special, indirect, incidental, or consequential damages of any kind or nature whatsoever, such as but not limited to loss of revenue, loss of profits on revenue, loss of customers or contracts, loss of use of equipment or loss of data, work interruption, increased cost of work or cost of any financing, howsoever caused, even if same were reasonably foreseeable.

18. ENTIRE AGREEMENT.
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10/24/22 C:\Users\amog\AppData\Local\Temp\Scrub\ubg0n2ia\blh11f2p.docx This Agreement and its exhibits contain the entire understanding between Consultant and City. Additional or new terms contained in this Agreement which vary from Consultant's proposal are controlling and are deemed accepted by Consultant by shipment of any article or other commencement of performance hereunder.

All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.

19. PARTIAL INVALIDITY.

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

20. WAIVER.

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

21. AUDIT.

The City's duly authorized representative shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Consultant's charges to City under this Agreement.
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Consultant agrees to retain reports, records, documents, and files related to charges under this Agreement for a period of four (4) years following the date of final payment for Consultant services. City's representative shall have the right to reproduce any of the aforesaid documents.

22. GOVERNING LAW.

This Agreement shall be governed according to the laws of the State of California.

23. HEADINGS NOT CONTROLLING.

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

24. COMPLIANCE WITH LAWS.

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

25. CITY BUSINESS LICENSE.

Consultant shall have a City of Modesto business license. #7..
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10/24/22 C:\Users\amog\AppData\Local\Temp\Scrub\ubg0n2ia\blh11f2p.docx IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement 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 day of , 2022, and MICHAEL BAKER INTERNATIONAL. has caused this agreement to be duly executed in duplicate as of the Effective Date.
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EXPERIENCE
Michael Baker has
completed more than 100 Housing
Elements through the 5th Cycle and
have completed and are working on
multiple 6th Cycle Housing Element
Updates. We have the depth and
breadth of experience to get the City
through even the most complicated
process.

TEAM
The key members of the
Michael Baker team have worked
together on multiple past and
ongoing Housing Elements. We will
streamline the process by
integrating the most up to date
knowledge from working with
Housing and Community
Development (HCD) and key
decision makers.

COMMITMENT TO

YOURSUCCESS
We understand the City’s interest
in meeting the affordable housing
needs of your residents. We will
provide you with a proven
Housing Element approach
methodology and the capacity
(~3,500 employees) to meet tight
deadlines in pursuit of this goal.

CITY OF MODESTO 2023-2031

HOUSING ELEMENT
August 10, 2022
Mr. Steve Mitchell, Planning Manager
City of Modesto
PO Box 642
Modesto, CA 95353
RE: 2023-2031 Housing Element Update
Dear Mr. Mitchell,
Michael Baker International (Michael Baker) is excited about the opportunity to partner with the City of Modesto (City) to support the development of the City’s 6th Cycle General Plan Housing Element (2023-2031) update. Michael Baker has a long history of working on Housing Elements, and a clear understanding of the requirements for this latest update. We have already completed multiple 6th Cycle Housing Elements for clients with earlier deadlines in Southern California and have successfully worked to address State Department of Housing and Community Development (HCD) comments. We have several more in process and, therefore, bring the depth and breadth of resources needed to help the City complete their requirements and meet HCD’s stringent requirements that accompany this cycle.

Michael Baker was founded in 1940 and we are recognized for our strong focus on housing and community planning services.

W E A R E R E A D Y A N D A V A I L A B L E T O S E R V E Y O U The City of Modesto needs an experienced housing and planning consultant to help guide the City through the new 6th Cycle. Our team has the advantage of having prepared some of the first Housing Elements under this new regime. We’ve worked closely with HCD and understand what they are likely to require of Modesto.

We have provided a detailed scope and budget and understand that your request for proposal is an informal one with limited specificity. We will gladly tailor our proposal to meet the City’s anticipated need. #7..
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CITY OF MODESTO■ 2023-2031 HOUSINGELEMENT
___________________________________________________________________________________________ Page 2 Dan Wery will serve as project manager on this effort and her office is:

Michael Baker International
9755 Clairemont Mesa Boulevard, Suite 100
Tax Identification Number: 25-1228638
We are confident the Michael Baker team will add value to the City, citizens, and keystakeholders by providing a clear and transparent process that allows for full participation.

Please contact me at 858-354-0116 or [email protected] for additional information or to schedule an interview. This proposal will remain valid for a period of no less than 90 days.

Sincerely,
MICHAEL BAKER INTERNATIONAL, INC.

_______________________________ ___________________________________ Dan Wery, AICP, LEED AP David Reel
Project Manager Vice President (authorized to bind)
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CITY OF MODESTO■ 2023-2031 HOUSINGELEMENT
___________________________________________________________________________________________ Page 3 Approach
Calling the6th Cycle Housing Elementan
“update” is almostamisnomer. With renewed
recognition of the State’s housing supply
shortages, requirements, expectations, and
scrutiny for this cycle are greater than any
previous update cycle. Even with this
understanding and heightened expectations at
the outset ofthe initial rounds of Housing
Element updates, the review and expectations
will require more resources, time, effort, and
commitment from both the consultant project
team and the City of Modesto.

This cycleresulted in dramatically increased
RHNA requirements while availableland and
opportunities continued to diminish. It also has
increased the need to rezone commercial and
residential areas to meet the RHNA, creating
more difficult choices and decisions to fulfill the
required obligations.What this means for
Modesto, is that our experience on the first
rounds of Housing Element updates in San
Diego County and the Southern California
Associations of Governments regions will
directly benefit the City, given our understanding
of HCD implementation of its guidelines,
requirements, and preferences.

Where prior elements required a demonstration
that zoning can accommodate additional
housing to meet the RHNA requirements,this
cyclerequires adetailed demonstration ofhow
proposed RHNA sites will likely bedeveloped in
the next eight-year planning period.Theseare
some of the significant changes in the 6th Cycle.

Additionally, what has become increasingly clear
through multiple HCD review cycles, comments,
and the recent publication of the HCD
Affirmatively Furthering Fair Housing (AFFH)
Guide is that this 6th Cycle Housing Element
requires an equal or greater emphasis and
commitment to significant and meaningful
change and correction to fair housing issues.

These include enforcement and outreach,
segregation and integration, access to
opportunity, and overcoming disproportionate
housing needs. This new focus and emphasis
requires a level of acknowledgment and
commitment to change on behalf of the City that
will challenge staff and decision makers to
provide geographically based programs with
objective, measurable, and enforceable
outcomes within specific timelines. Our
approach is to make sure that community
engagement is authentic, demonstrates
significant feedback from the public and
stakeholders, and reaches priority populations
who are often underrepresented and most
negatively affected by fair housing issues.

Qualifications -Why the Michael Baker
Team?
Founded in 1940, Michael Baker is a
multidisciplinary planning, engineering, and
construction management firm with nearly
3,500 employees nationwide, including more
than 600 in California. We have experience
working on behalf of over 100 municipalities
and local agencies, bringing a depth of
understanding and experienceunparalleled by
most firms. We are familiar with City processes
and requirements, which will expedite our ability
to quickly and effectively serve your team on the
2023-2031 Housing Element updates.

Our full suite of in-house services enables the
Michael Baker team to successfully manage any
community planning project. Our greatest
differentiator is our employees, who
demonstrate the ability to solve complex
problems. That is why we engage our people,
educate and train them, develop their careers,
and invest in their futures, expanding their skills
and expertise. Our adaptive approach to
integrating innovation and collaboration leads to
the best solutions for our clients.

This 6th Cycle Housing Element, while presenting
challenges for local government administrators,
also presents an opportunity to focus the
jurisdiction’s attention on the critical role that
the availability, density, and location of its
housing stock plays in the overall health and
resiliency of the community. Michael Baker’s
broad bench of planners bring significant
expertise in all aspects of community health,
safety, climate mitigation, and climate
resiliency.

Working with smaller jurisdictions to lend them
capacity and ensure they have access to
housing and community development resources
is “bread and butter” for our housing practice
area. Such support gives the Michael Baker
team a sense of purpose and mission in our
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CITY OF MODESTO■ 2023-2031 HOUSINGELEMENT
___________________________________________________________________________________________ Page 4 professional lives. As a company, We Make a
Difference.

Relevant Experience
As stated above, Michael Baker has prepared
over 100 Housing Elements through the 5th
Cycle, and we have completed and are currently
preparing multiple Housing Elements for the 6th
Cycle for municipalities throughout California.

Recent Housing Element experience is provided
in Table 1.

Similar Services
Our team has experience assisting cities with US
Department of Housing and Urban Development
(HUD) and HCD related programs, including
preparing and implementing Community
Development Block Grant (CDBG) funded public
works projects, Senate Bill (SB) 2 grants, Local
Early Action Planning (LEAP) grants, and
consolidated plans, and has prepared multiple
analyses of impediments to fair housing choice
(AI). Most recently, we have addressed COVID19 Aid, Relief and Economic Security Act relief by providing strategic guidance on developing a
plan and process for approximately 30 cities on
how to use their funds to best meet community
goals and needs related to housing.

Technical and Strategic Advisor
Michael Baker is proud ofthe work we have
done as part of our strategic partnership with
Veronica Tam and Associates (VTA) for this 6th
Cycle.

VTA is well known by HCDand throughout the
stateas a leader in
Housing Element
preparation and the
navigation of state
housing laws and
Housing Element requirements. Veronica Tam
shares her wealth of knowledge frompreparing
more than 120 Housing Elements, including 60
for the 5th Cycle, and more than 30 so far in this
6th Cycle, and has maintained a perfect record
of receiving state certification. VTA will provide
strategic, peer and technical review, and
recommendations throughouttheupdate
process, including:
» Review of the 2015-20235th CycleHousing
Element
» Review of pastaccomplishments
» Needs analysis
» Constraints analysis
» Strategy for the sites inventory
» Housing Plan program
» AFFHChapter
» Review and correspondencewith HCD
» Key meetings and hearings (kickoff, Planning
Commission, and City Council)
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CITY OF MODESTO■ 2023-2031 HOUSINGELEMENT
___________________________________________________________________________________________ Page 5 Table 1. Recent Housing Element Projects
Agency Project Name
County of San Diego 6th Cycle Housing Element Update ■
City of Chino Hills 6th Cycle Housing Element Update
City of Redlands 6th Cycle Housing Element Update ■
City of Lakewood 6thCycle Housing Element Update
City of Hesperia 6th Cycle Housing Element Update
City of Escondido 6th Cycle Housing Element Update ■
City of Gilroy 6thCycle Housing Element Update ■
Town of Los Altos Hills 6thCycle Housing Element Update ■ City of Pinole 6th Cycle Housing, Safety& Environmental Justice Elements ■ City of Tracy 6thCycle Housing Element Update ■
County of Riverside 6th Cycle Housing Element Update
City of Seal Beach 6th Cycle Housing Element Support Post HCD Comments City of Needles 6th Cycle Housing Element Update
City of San Juan Capistrano 6th Cycle Housing, Safety & Environmental Justice Elements ■ City of Grand Terrace 6th Cycle Housing Element Support Post HCD Comments City of Big Bear Lake 6th Cycle Housing Element Support Post HCD Comments City of Norwalk 6th Cycle Housing Element AFFH Support Post HCD Comments San Bernardino County Transit Authority (SBCTA) Fair Housing Guidance and Assistance and ADUProduction Enhancement City of Alameda Housing Element Update
City of Antioch Housing Element Update
City of Biggs Housing Element Update
City of Clayton Housing Element Update
City of Davis Housing Element Update
City of Dixon Housing Element Update
City of Fairfield Housing Element Update
City of Compton Housing Element Update
City of Lodi Housing Element and Analysis of Impediments City of Richmond Richmond Housing Element Addendum
City of Vallejo Housing Element Update
City of Rolling Hills Estates General Plan, Safety & 6th Cycle Housing Element Updates ■ ■ Projects performed with VTA
■ Projects performed as subconsultant to VTA as lead housing element consultant #7..
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CITY OF MODESTO■ 2023-2031 HOUSINGELEMENT
___________________________________________________________________________________________ Page 6

KEY TEAM MEMBER SUMMARY
Michael Baker has assembled a strong technical
team of housing experts with experience in
completing Housing Element projects for multiple
clients throughout California. Over the last two
decades, the core of Michael Baker’s success has
been staffing and organizing project delivery teams
tailored to the specific needs oftheprojectat hand
and delivering on our commitments. An
organizational chart of the key staff is represented
here.

Our project team offers an extensive array of
services associated with environmental compliance
and documentation with the benefit of in-house
specialists for technical evaluation and seasoned
California Environmental Quality Act (CEQA)
practitioners. We provide local, committed, and
qualified personnel with the requisite expertise,
experience, and knowledge to successfully deliver
this project for the City.

In addition to our 6th Cycle Housing Element
update experience, our teamhas experience
assisting cities with HUD and HCD related
programs, including preparing and implementing
CDBG-funded public works projects, SB 2 grants,
LEAP grants, and consolidated plans, and preparing
multiple AIs.

Briefresumebios of key team members are
provided on the following pages.

N O T E
Staff shown above are key team members; additional non-key staff will be used and are included in our Costs table later in this proposal.

City of
Modesto

PROJECT MANAGER
Dan Wery, AICP, LEED AP

KEY STAFF
Strategic Advisor
Veronica Tam, AICP (VTA)
Housing Specialist
Aaron Barrall
Engagement Lead
Emily Elliot, AICP
CEQA Lead
Peter Minegar, AICP

REPRESENTATIVE SUPPORT STAFF
Shannon Liska
Hannah Kreitman
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___________________________________________________________________________________________ Page 7

PROJECT MANAGER, HOUSI NG LEAD
Dan Wery, AICP, LEED AP
Dan has over 30 years of public and private sector planning experience preparing general plans, zoning ordinances and subdivision codes, project entitlement review and processing, policy planning, public participation, and environmental impact document review and preparation. Dan enjoys bringing a creative, collaborative, and multi-disciplinary approach to planning, urban design, and development. His goal is to work with the City to create enduring value measured in economic, social, and environmental value for its constituents.

RELEVANT EXPERIENCE
6 th Cycle Housing Element Updates. Multiple Clients. PROGRAM MANAGER. Responsible for the management and preparation of Housing Element updates, including Community Outreach, Sites Inventory/Geographic Information System (GIS) Support, CEQA documentation, and Land Use Element and Safety Element amendments for the 2021-2029 (6th Cycle) Housing Element Update. ■ County of San Diego
■ City of Redlands
■ City of San Juan Capistrano
■ City of Escondido (subconsultant to VTA)
■ City of Gilroy
■ City of Los Altos Hills
■ City of Pinole
■ City of Tracy (subconsultant to VTA)
■ City of Norwalk AFFH
Housing, Environmental Justice, and Safety Element Update Strategy. County of San Diego. PROGRAM MANAGER. Prepared a comprehensive research, best practices, and strategy report that identified the statutory requirements, critical path and pro ject milestones, best practices, and recommendations on the approach and strategies for the preparation of updates to the County’s Housing, Environmental Justice, and Safety Elements.

Housing Element Update Technical Assistance Program. SBCTA. TECHNICAL & STRATEGIC ADVISOR. Provide technical assistance to multiple SBCTA jurisdictions related to their 6th Cycle Housing Element updates. This includes providing review and comment of draft documents, aiding public outreach activities, providing technical Q&A support, and offering staff to agencies to help them complete their updates.

On Call Advance Planning Services. County of San Diego. PROGRAM MANAGER. Responsible for the management and preparation of multiple projects from a multi-year on-call contract with the County of San Diego Planning and Development Services Department for advanced planning (policy and ordinance development). Recent projects include:
■ Housing Affordability Strategy Support
■ Residential Density Yield Analyses
■ Active Transportation Plan
■ Casa de Oro Revitalization Specific Plan
■ Comprehensive General Plan Amendment Property Specific Request Study ■ Valley Center South Village Form-Based Code
■ Urban Agricultural Incentive Zone
■ Dark Sky Communities Light Ordinance
■ Housing, Environmental Justice, and Safety Element Strategies Years Experience
30+
Education
BA, Urban Studies,
Columbia University
Licenses/Certifications
American Institute of
Certified Planners,
1993, 010438
LEED Accredited
Professional, 2009,
10037662
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CITY OF MODESTO■ 2023-2031 HOUSINGELEMENT
___________________________________________________________________________________________ Page 8 C o m p r e h e n s iv e D e v e lo p m e n t C o d e U p d a t e . City of Menifee. PROGRAM MANAGER, PRINCIPAL AUTHOR. Preparation of the first comprehensive Zoning Ordinance, Grading Ordinance, and Subdivision Regulations for the City since its incorporation in 2008. The new codes developed Menifee-specific processes and regulations that implement the City’s first General Plan (2015). The project involved an intensive code audit, staff summits, a detailed GIS-based zoning-General Plan consistency analysis, project schedule and community engagement plan, biweekly coordination meetings, stakeholder interviews, Planning Commission and City Council workshops and study, public hearings, publication of work products on the City website, publication of the draft zoning code on a proprietary code publishing website for a public-friendly interface, and development, review, revision and self-publication of the code. Unanimously adopted by the City Council in December 2019.

Winner 2020 Inland Empire Section of APA Best Practices Award.

STRATEGI C HOUSI NG ADVI SOR
Veronica Tam, AICP
Veronica is a recognized expert with over 20 years of experience preparing a range of housing and community development plans and studies for jurisdictions throughout California. Throughout her career, she has prepared more than 100 Housing Element updates, including approximately 60 updates during the 5th Cycle update. She has tackled some of the most challenging Housing Element updates including City of San Clemente, which was facing litigation, and the City of Del Mar, which had never received HCD certification due to stringent local development standards and procedures.

RELEVANT EXPERIENCE
Housing Elements Experience. Multiple Cities and Counties in California . HOUSING SPECIALIST. Veronica has served as a housing specialist for multiple municipalities throughout both Northern and Southern California: Alhambra, Avalon, Bell Gardens, Buena Park, Camarillo, Chino, Corona, Coronado, Costa Mesa, Cupertino, Del Mar, Dublin, Escondido, Glendora, Gonzales, Hawthorne, Hercules, Imperial Beach, Lake Forest, La Mesa, Lawndale, Lomita, Marina, Pomona, Rancho Santa Margarita, Redondo Beach, Salinas, San Clemente, San Bernardino, San Fernando, San Marcos, Santa Clara, South Gate, Seaside, Tracy, Vista, Walnut, West Hollywood, and Monterey County.

Veronica enjoys the challenge of working on challenging Housing Element projects as well as more straightforward engagements. For the cities of Escondido, Encinitas, Seaside, and South Gate, Veronica successfully completed the Housing Element process even though they had been delayed due to the need to coordinate with the General Plan update process.

Veronica enjoys serving as a strategic advisor on Housing Elements, but her experience is not confined to Housing Element projects. She brings a depth of experience to the City, including knowledge gained on the Gateway Cities Council of Governments Housing Study, Regional Housing Needs Allocation Assistance for the cities of Redondo Beach and South Gate, Marina Affordable Housing Ordinance, and zoning revisions to comply with SB 2, Assembly Bill (AB) 2634, and SB 520 for the cities of Port Hueneme, South Gate, and San Fernando.

Years Experience
20+
Education
BA, Urban Studies
MA, Urban Planning,
University of California,
Los Angeles
BES, Urban and Regional
Planning (Economics
Minor), University of
Waterloo, Canada,
Columbia University
Licenses/Certifications
American Institute of
Certified Planners
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___________________________________________________________________________________________ Page 9

COMMUNI TY ENGAGEMENT LEAD
Emily Elliott, AICP
Emily oversees community and environmental planning contracts for public and private sector clients and has led the successful development of a number of current planning efforts and environmental compliance documents. She draws on her broad background of consulting and municipal service to provide technical housing and community planning services. Most recently, Emily has administered the Housing Element Technical Assistance program offered by the San Bernardino County Transportation Authority (SBCTA) in addition to leading the preparation of Housing Element updates for four Southern California Association of Governments area agencies.

RELEVANT EXPERIENCE
6th Cycle Housing Element Update. City of Lakewood. PROJECT MANAGER. Responsibilities include overseeing the project schedule, budget, workflow, and staff assignments, and maintaining regular client contact. Emily has led the public participation process and presents updates on the Housing Element to local decision makers. Michael Baker is preparing the 6th Cycle update for the City of Lakewood where the City experienced nearly a 1,000% increase in its RHNA. 6th Cycle Housing Element Update. City of Redlands. PROJECT MANAGER. Responsibilities include overseeing the project schedule, budget, workflow, and staff assignments, and engaging regularly with the client to maintain open, clear communication. Emily has led the community engagement efforts for the City and presents updates to local decision makers. Michael Baker is preparing the 6th Cycle Housing Element Update with technical advisory support from VTA.

Housing Element Update Technical Assistance Program. SBCTA. PROJECT MANAGER. Responsibilities include managing the on-call services contract between Michael Baker and SBCTA where Michael Baker provides an array of on-call planning and staffing services. Under the Housing Element Update Technical Assistance Program task order, Emily leads a team of approximately 12 planners to provide technical assistance to SBCTA jurisdictions related to their Housing Element updates. This includes providing review and comment of draft documents, aiding public outreach activities, providing technical Q&A support, and offering staff to agencie s to help them complete their updates.

Years Experience
14 Education
BA, Geography Natural
Resources
Management, San
Diego State University
MURP, Urban and Regional
Planning, California
State Polytechnic
University, Pomona
Licenses/Certifications
American Institute of
Certified Planners,
2015, 028647
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__________________________________________________________________________________________ Page 10

CEQA LEAD
Peter Minegar, AICP
Peter oversees and prepares environmental compliance and planning studies for a range of public sector clients. He specializes in developing documents in compliance with CEQA and National Environmental Policy Act (NEPA). Peter has a broad background of environmental planning experience ranging from project-level analysis of infrastructure improvements to program-level analysis to support a General Plan amendment. He has served as the CEQA lead for a number of General Plan Housing Elements, including several jurisdictions during the 6th Cycle planning period.

He also serves as an in-house CEQA manager for several local government agencies throughout Southern California.

RELEVANT EXPERIENCE
6th Cycle Housing Element Update. City of Redlands. QA/QC LEAD. Responsible for overall QA/QC review of the General Plan Housing Element Update and IS/MND. Michael Baker, with technical advisory support from VTA, is preparing the 6th Cycle Housing Element update. 6th Cycle Housing Element Update. Riverside County. PROJECT MANAGER. Responsible for the overall management of the General Plan Housing Element, Safety Element, and environmental documentation preparation.

Housing Element Update Technical Assistance Program. SBCTA. PRINCIPAL IN CHARGE.

Responsibilities include helping to manage the on-call planning services contract between Michael Baker and SBCTA where Michael Baker provides an array of on-call planning and staffing services.

Under the Housing Element Update Technical Assistance Program task order, Peter processed General Plan Amendments, CEQA compliance, zoning code amendments, and climate action plan support. Michael Baker completed the 5th Cycle Housing Element update, as well as a number of General Plan Amendments and CEQA documents for the County, in order to implement Housing Element programs.

Years Experience
10 Education
BS, City/Regional Planning,
California State
Polytechnic University,
San Luis Obispo
MS, Environmental
Management and
Policy, University of
Denver
Licenses/Certifica tion s
American Institute of
Certified Planners,
2020
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__________________________________________________________________________________________ Page 11

HOUSI NG ELEMENT & ZONI NG SPECI ALI ST
Aaron Barrall
Aaron will deliver unmatched technical talent and efficiency to the 6th Cycle Housing Element update. He has inclusive experience in public, private, and non-profit planning, as well as environmental issues and outreach. His thorough knowledge and relevant experience with municipal development codes, long-range plans, and entitlement processes, combined with being a skilled researcher and communicator, makes him a powerful member of the project team.

RELEVANT EXPERIENCE
6th Cycle Housing Element Updates. County of San Diego. ASSOCIATE PROJECT MANAGER.

Responsible for evaluating and updating the County’s Housing Element to achieve compliance with the 6th Cycle requirements. Responsible for the analysis and identification of adequate sites to meet the Regional Housing Needs Assessment, including detailed review of lower-income and nonvacant sites and past housing trends. Analyzed and accounted for housing needs, existing constraints, and past housing accomplishments. Evaluated and developed a strategy for the County’s Fair Housing Enforcement in compliance with AB 686. 6th Cycle Housing Element Updates. City of Redlands. PLANNING ASSOCIATE. Responsible for evaluating and updating the City’s 6th Cycle housing element for compliance with state laws.

Conducted a detailed review of the City’s past housing actions, housing trends, and citizen initiatives to determine a strategy to comply with state law. Developed a comprehensive RHNA site and rezoning strategy and assembled a list of necessary programs and actions for the Housing Element implementation plan.
6th Cycle Housing Element Updates. City of Escondido. PLANNING ASSOCIATE. Responsible for updating the City’s Housing Element to meet the 6th Cycle state requirements. Currently preparing preliminary sites analysis and inventory, review of trends and pro posed developments, and accessory dwelling unit analysis.
6th Cycle Housing Element Updates. City of Lakewood. PLANNER. Responsible for evaluating and updating the City’s Housing Element to achieve compliance with the 6th Cycle requirements.
6 th Cycle Housing Elements. Multiple Clients. Housing Element Specialist. Responsible for preparation of all element chapters including and program development for multiple housing element updates including County of San Diego, and the cities of Escondido, Redlands, Lakewood, San Juan Capistrano, Gilroy, Los Altos Hills.

Housing Element Implementation Zoning Amendments. San Diego County. PROJECT MANAGER. Responsible for identifying and drafting appropriate changes to the County zoning ordinance based on recent state laws to ensure the County is compliant with current state housing laws.

Years Experience
4 Education
B.S., Environmental
Systems (Earth
Sciences), University of
California, San Diego
B.A., Urban Studies and
Planning, University of
California, San Diego
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PLANNER
Shannon Liska
Shannon supports a variety of policy and ordinance and land development projects including preparation of housing elements, community planning documents, entitlement support, environmental studies/CEQA and NEPA documentation, and GIS services. Past projects include various 6th Cycle housing elements and the creation of an acessory dwelling unit (ADU) program toolkit. Shannon has a wide variety of experience in housing elements, zoning, GIS, and general planning.

RELEVANT EXPERIENCE
Housing Element Update. City of Redlands. PLANNER. Responsibilities included performing a GIS site analysis for the Housing Element update. Assisted in completing revisions during the HCD review process.
6 th Cycle Housing Elements. Multiple Clients. PLANNER. Responsible for preparation of multiple element chapters including AFFH analyses, sites and resources, mapping, constraints, past accomplishments, and program development for multiple housing element updates including County of San Diego, and the cities of Escondido, Redlands, Lakewood, San Juan Capistrano, Needles, Hesperia, Gilroy, Los Altos Hills, Tracy and Pinole. Organized and conducted stakeholder interviews and focus groups for multiple housing elements including the cities of Gilroy, Los Altos Hills, Pinole, San Juan Capistrano.

Housing Element Implementation Zoning Amendments. San Diego County. PLANNER. Responsible for identifying and drafting appropriate changes to the County zoning ordinance based on recent state laws to ensure the County is compliant with current state housing laws.

Housing, Safety & Environmental Justice Elements. City of San Juan Capistran o. PLANNER. Responsibilities included drafting sections of the Housing Element update, identifying constraints to the provision of housing, analyzing housing programs, and contributing to housing sites analyses. Also responsible for conducting housing stakeholder inte rviews in the community engagement process.

Waterfront Park. San Diego County. PLANNER. Responsibilities included researching and summarizing California Coastal Commission permit processes and existing environmental documents for the project site. Also responsible for drafting a memo providing such information to the client.

Years Experience
2 Education
MCP, City Planning, San
Diego State University
BA, Sociology, Gonzaga
University
BA, Economics, Gonzaga
University
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PLANNER
Hannah Kreitman
Hannah has experience supporting housing-related projects including policy, preparation of housing elements, and GIS services. She is an effective communicator and experienced researcher. Past projects include housing element updates and ADU program research. Hannah worked for the San Diego Housing Federation as a housing element Intern where she monitored 6th Cycle housing element updates from the eighteen cities in San Diego County.

RELEVANT EXPERIENCE
Housing Element Update. City of Redlands. PLANNER. Responsibilities included reviewing the draft Housing Element for compliance with the HCD checklist and assigned remaining requirements to be completed. Wrote the section on farmworkers needs and housing for migratory agricultural workers. Drafted the appendix for AFFH, which included utilizing census data to find trends in race and housing problems, describing demographics of the City, summarizing the community outreach and responses, and identifying services for residents with disabilities.

Housing Element Update. City of Lakewood. PLANNER. Responsibilities included reviewing the draft Housing Element for compliance with the HCD checklist and remedying any discrepancies in the constraints section. Utilized GIS to make maps of the non-vacant sites identified for development and wrote descriptions of existing uses and potential for development for all non-vacant sites.

Housing Element Update. City of San Juan Capistrano . PLANNER. Responsibilities included reviewing 5th Cycle programs for completion, continued effectiveness, or eliminatio n of funding. Wrote programs in support of AFFH. Reviewed the annual progress review for effective sites in the previous cycle. Researched zoning codes. Analyzed constraints on loans and lending to determine if there were inequities in loan granting based on project type or lender. 6 th Cycle Housing Elements. Multiple Clients. PLANNER. Responsible for preparation of multiple element chapters including AFFH analyses, sites and resources, mapping, constraints, and past accomplishments for the cities of Redlands, Lakewood, San Juan Capistrano, Needles, Hesperia, Gilroy, Los Altos Hills. Leading the revision and response to HCD comments for the AFFH chapter for the City of Norwalk. Organized and conducted stakeholder interviews and focus groups for multiple housing elements including the cities of Gilroy, Los Altos Hills, Pinole, San Juan Capistrano.

Years Experience
1 Education
BA, Urban Studies and
Planning, University of
California, San Diego
Minors, Environmental
Studies and Engineering
Mechanics
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REPRESENTATIVE PROJECTS AND REFERENCES
Michael Baker has completed more than 100 Housing Elements statewide. Our experience with Housing Elements enables our team to hit the ground running upon notice to proceed, allowing the City to preserve staff and budgetary resources.

Michael Baker has a proven track record of successfully completing projects on time and within budget.

Excellent organization, tools, and methods to monitor budgets, an emphasis on communication both internally and externally, and a structured project management approach are a few examples of how Michael Baker maintains client satisfaction. To hear what our clients have to say about us, we invite you to contact our references below.

COUNTY OF SAN DIEGO 6TH CYCLE HOUSING ELEMENT UPDATE
Contact Name: Camila Easland, Project Manager ■ Address: Planning & Development Services, 5510 Overland Ave., Suite 310, San Diego, CA, 92123 ■ Phone Number/Email: (619) 323-7362 / [email protected] Description: Michael Baker prepared a comprehensive update to the County’s Housing Element, including a detailed review of constraints, sites, fair housing issues, and housing needs in one of California’s largest counties. Successfully transitioned between supervisors and developed new programs to implement the County’s vision for environmental sustainability and social equity. ■ Key Team: Dan Wery, AICP, LEED AP (Project Manager), Veronica Tam, AICP (Technical Advisor), Aaron Barrall (Planner) CITY OF ESCONDIDO 6TH CYCLE HOUSING ELEMENT UPDATE
Contact Name: Adam Finestone, Interim Director of Community Development ■ Address:
201 North Broadway, Escondido CA 92025 ■ Phone Number/Email: (760) 839-6203 / [email protected]
Description: Michael Baker prepared a sites inventory, constraints analysis, and fair housing review, along with new public programs for a built-out city with a RHNA of almost 10,000 units. The inventory and RHNA strategy included developing a comprehensive GIS and Excel-based model to identify housing capacity and developable sites within multiple transit-focused specific plan areas. ■ Key Team: Dan Wery, AICP, LEED AP (Project Manager), Veronica Tam, AICP (Lead Consultant), Aaron Barrall (Housing and Land Use Planning), Shannon Liska (Planner) CITY OF LAKEWOOD 6TH CYCLE HOUSING ELEMENT UPDATE
Contact Name: Abel Avalos, Director of Development Services ■ Address: 5050 Clark Avenue, Lakewood, CA 90712 ■ Phone Number/Email: (562) 866-9771, ext. 2301 / [email protected]
Description: Michael Baker prepared a full update to the City’s Housing Element, including sites, constraints, needs, and programs. Reviewed and developed programs to mitigate and accommodate multiple citizen-initiated ballot measures that limit housing production and constrain the ability to meet the RHNA. ■ Key Team: Emily Elliott, AICP (Project Manager), Aaron Barrall (Housing and Land Use Planning).

CITY OF SAN JUAN CAPISTRANO 6TH CYCLE HOUSING, SAFETY, AND ENVIRONMENTAL

JUSTICE ELEMENT UPDATE
Contact Name: Joel Rojas, Development Services Director ■ Address: 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 ■ Phone Number/Email: (949) 234-4410 / [email protected]
Description: Michael Baker is preparing a comprehensive set of revisions to the City’s Housing Element and Safety Element and is preparing a new Environmental Justice Element. The project involves a comprehensive public engagement plan, including special workshops and outreach to areas of concentrated needs and coordination with community-based organizations to promote fair housing and environmental justice. ■ Key Team: Dan Wery, AICP, LEED AP (Project Manager), Veronica Tam, AICP (Technical Advisor), Aaron Barrall (Housing and Land Use Planning), Shannon Liska (Planner), Hannah Kreitman (Planner)
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WORKPLAN
Our proposed work plan to complete the Housing Element update is outlined below. The scope includes all of the tasks requested in the scope of work contained in the Request for Proposals (RFP).

Task 1 – Project Management and Coordination
Task 1.1 Project Kickoff Meeting
At the project kickoff meeting, the Michael Baker project team will hold a teleconference meeting with City staff to review and refine the scope of work, discuss expectations and assumptions, collect information sources, and go through the project schedule and work plan for carrying out the work.

We will also take this opportunity to agree on the best and preferred methods for ensuring regular communication with the City, including conference calls, progress reports, or other communication methods.

Our work plan will include information regarding quality assurance/quality control (QA/QC) protocols and project management items agreed upon at the kickoff meeting. After the kickoff meeting, we will develop a detailed project timeline with milestones beginning with review of the 2015-2023 Housing Element update and an initial review and discussion of opportunity sites proceeding through City Counciladoption by the December 31, 2023, statutory adoption deadline and 120-day grace period.

Task Deliverables:
» Materials for kickoff meeting with City via web conference » Meeting attendance sheet and meeting notes
» Work plan including contact information, QA/QC protocols, and initial project schedule Task 1.2 Project Schedule
The project team will work with the City to refine the initial project schedule with a list of critical path tasks required to proceed toward adoption by the December 31, 2023, statutory deadline. We will work with the City to integrate tasks to occur concurrently to the degree feasible in order to reduce the overall project timeline.

Additionally, refinements will be made after the kickoff meeting.

Task Deliverable:
» Revised project schedule
Task 1.3 Project Management, Coordination, and Quality Control The Michael Baker project management style includes regular communication between the project manager and the City. Theproject manager, in conjunction with the task leads, will coordinate on key tasks to meet the overall project schedule. The project manager will implement Michael Baker’s QA/QC program and provide written status memos.

We recommend scheduling a standing conference call approximately every two weeks throughout the project.

These calls provide an opportunity to review tasks in progress, share information, identify and resolve any issues early, and review key milestones and upcoming deliverables. The project team will also communicate with City staff by email and phone throughout the project, independent from the scheduled calls. In addition, this task provides for weekly tracking/monitoring of the project schedule and monthly billing and invoicing.

Meetings will be conducted via Microsoft Teams or Zoom to facilitate team schedules and minimize travel time and costs throughout the project, respecting varying COVID-19 protocols between team members and the City while maintaining project momentum.

Task Deliverables:
» Summary of notes from twice per month coordination call meetings with City staff via virtual platforms » Project schedule review of key milestones through adoption #7..
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__________________________________________________________________________________________ Page 16 » Monthly written progress summary reports with invoices Task 2 – Community Outreach and Engagement
Task 2.1 Community and Stakeholder Outreach and Engagement Strategy One of the most critical aspects of the Housing Element update process is the importance of the public participation process.The Housing Element, and the newly added AFFH analysis in particular, relies heavily upon local knowledge to supplement and better understand the data and housing issues at hand, as well as creating the programs that work best to serve local and regional needs—and there is no better source of local knowledge than the residents, stakeholders, and leaders of the City of Modesto to help shape the tailored housing solutions for their community.

The State of California has passed several laws that have dramatically changed the landscape of housing planning. For communities, these laws are complicated, confusing, and/or are so new that the impact is uncertain. Some of these laws have strict requirements and limit the ability of jurisdictions to customize planning policies to their own preferences. For these reasons, we propose conducting an initial study session for the City Council so that information can be provided, vetted, and explored for its impact on the Housing Element.

Michael Baker also recognizes the importance and significance of involving those hard-to-reach groups and special needs populations, such as persons experiencing homelessness, elderly residents, single-parent households, non-English speaking individuals, persons with disabilities, and racial/ethnic minority families.

The City’s racial and ethnic makeup, according to the most recent census data, is as follows: 74.7% White,

4.5% Black, 1% American Indian/Alaskan Native, 1% Asian, and 1.1% Native Hawaiian/Pacific Islander, and

4.7% two or more races. Additionally, 40.2% of residents are Hispanic or Latino, and 36.8% of residents are non-English speakers. Based on County planning documents, the most common non-English language spoken is Spanish. The median income is $59,287, and 14.3% of the population is 65 years old or older. Michael Baker will use engagement channels that were successful in reaching harder to reach groups.

Our strategy for public participation includes using multiple forms of outreach and offering a variety of options for community members to engage and share information about their neighborhoods and experiences.

A successful community participation strategy recognizes that different populations engage differently with outreach efforts and includes a range of opportunities for engagement. Some populations prefer to engage through online surveys or via social media. Others, such as elderly persons, engage better in open meeting settings or prefer low technology, while some prefer more intimate or spontaneous events. We will customize the plan for the City to maximize outreach, with a focus on populations that may be marginalized or underrepresented in the public sphere.

We have outlined a general approach for the Housing Element public outreach process below, which will be further refined with key City staff.

We have the right experience with both in-person and virtual community engagement and have a wide range of tools at our disposal (using online, print, and telephone methods) to facilitate a meaningful dialogue with the community. As we have continued to provide our clients with the same services through COVID-19, we have refined our approach using virtual tools to reach the broadest audience.

Lastly, Michael Baker recognizes the importance of informing the public about housing programs, and especially the new fair housing laws. Our engagement materials will educatethe community on Housing Element laws, fair housing laws, and affordable housing programs and policies that the City identifies as important.
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__________________________________________________________________________________________ Page 17 Task Deliverables:
» Community outreach and engagement strategy
» Facilitated meeting with City staff and meeting notes regarding any adjustments to community outreach and engagement strategy
Task 2.2 Outreach Materials and Summary of Findings
In consultation with key City staff, the project team will a set of public outreach materials, using consistent graphics and messaging. We will prepare outreach materials in both print and online formats designed to inform community members about the Housing Element Update and invite their participation and input in the process. Materials may include, but are not limited to:
» Digital media suitable for the City website, social media, and electronic communications » Postcards or flyers for printing and distribution/posting » Handouts for printing or electronic distribution for community meetings We anticipate the City will be responsible for distributing outreach materials to its contacts through typical channels such as email listservs and social media. We are available to assist in distributing outreach materials and publicizing community events and can discuss the level of need as part of finalizing the scope.

We will provide the outreach materials (e.g., flyers, handouts, surveys) in English. The flyers and survey will be provided in Spanish if the City determines to be appropriate. Translation of non-English comments from these documents and the translation of written comments from the public at meetings or workshops is included in this scope per a maximum number of hours. Workshop meeting materials are only provided in English; however, we will provide translation/interpretation services for one non-English language (of the City’s choosing) at the two workshops through vendor translation services, or will use City-recommended in-house staff or local interpreters that are experienced with City specific outreach, if preferred. Michael Baker assumes that the City will provide the equipment for interpretation services along with audio and visual equipment needed for in-person/virtual meetings. Michael Baker will provide the City with a draft version of outreach materials for their feedback and edits; if preferred, Michael Baker will provide a second draft for final review and approval prior to finalizing the documents.

Task Deliverables:
» Digital content specific to the Housing Element and monthly updates to content » Outreach materials prepared in conjunction with City staff necessary to facilitate Task 2.3 » Outreach materials outlined in Task 2.2 above; survey and flyers will be provided in English and Spanish » Copies of outreach meeting presentations, including translated non-English public comments.

Task 2.3 Community Outreach/Engagement Meetings and Activities Task 2.3.1 Community Workshops (2)
We propose two online/virtual (live) community workshop presentations at different times to meet with community residents, agencies, and key stakeholders. Utilizing this meeting format, we will provide a brief presentation summarizing the HousingElement update process, as well as background and contextual information including purpose, goals, objectives, contents, and key issues and concerns. The presentations will include interactive live polls with the public followed by brief discussions of the results as well as questions and answers throughout the workshops. A key advantage of the online format is that meetings are more convenient for individuals to attend from a remote location, and can be more easily accessible for those with mobility issues or who would otherwise have to find transportation. Another advantage is the ability to record the workshops for later viewing, sharing and summary. This includes transcripts of the written questions and answers, and information on workshop attendance. We anticipate having two to three members of Michael Baker’s outreach team at these meetings to facilitate community feedback and answer questions. Project #7..
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__________________________________________________________________________________________ Page 18 team staff will prepare the PowerPoint presentation materials and facilitate the discussion. We assume City staff will participate to assist with the presentation and the question-and-answer portion of the session. The two workshops would include the same presentation materials and information. The workshops will be recorded and made available with a copy of the presentation slides for publication and independent review on the City’s website.

Task 2.3.2 Initial City Council or Joint City Council/Planning CommissionStudy Session We will conduct a study session with the City Council and/or the Planning Commission early in the process to inform interested parties of the undertaking and to seek input on specific key issues and opportunities, and key components of the Housing Element update. This session can also discuss the statutory and the dramatically increased HCD authority, expectations, review requirements and scrutiny to obtain certification. A key objective is to review, prioritize, and strategize the specific accomplishments, timelines, and resources for the programs/goals.

The project team will prepare a presentation for the meeting. This task assumes City staff will be responsible for assistance with logistical support and preparation of a staff report. This task assumes the project team will attend the study session virtually through an online platform (TEAMS or Zoom). In-person attendance can be arranged on an additional time and materials basis and pending the availability of the consultant.

Task 2.3.3 Stakeholder Interviews (up to 10 interviews) Engagement of and input from local advocacy groups and minority/special needs populations are important to the Housing Element update and will be required by HCD. We recommend engaging them early in the update process to receive feedback. The project team will work with the City to conduct up to ten one-on-one stakeholder interviews to discuss the Housing Element update and receive feedback on current and proposed programs. We will work closely with City staff to identify stakeholders that represent abroad cross-section of the City of Modesto so that the housing issues include market-rate developers, affordable housing developers and fair housing advocates, and community-based organizations. We find that targeted stakeholder interviews are much easier to schedule and attend and save a lot of time and resources for all involved.

Task 2.3.4 Online Housing Needs Survey
We will prepare an online community housing needs survey, which is another key method to obtaining valuable information. The survey has the advantage of occurring over a longer period, including bracketing other engagement events to provide more input and follow-up comments. The survey is recommended to be relatively simple to encourage participation, and would focus on identifying housing needs, opportunities, issues, priorities, and recommended policies. We recommend the survey be kept open throughout the engagement period covering development of the Housing Element up to and including the public review periods. It would close before public hearings on the draft elements or can be modified to collect comments on the public review draft.

Task Deliverables:
» Two virtual community workshop events including one interpreter per workshop. » Initial City Council or Joint City Council/Planning Commission Study Session » Stakeholder interviews
» Online housing needs survey
Task 2.4 Public Review Draft Hearing
Michael Baker will prepare a virtual presentation for a public review hearing to obtain public input on the public review draft Housing Element. The hearing would be held during the initial 30-day public review period and the 90-day HCD review period. The presentation will summarize the purpose and content of the Housing Element, the process and input to date, and key changes including RHNA sites inventory, any necessary rezoning and housing programs, and will include opportunity for public comment. Michael Baker will prepare #7..
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__________________________________________________________________________________________ Page 19 one set of similar presentation materials for the meeting. This task also includes preparation of one flyer advertising the meeting in two languages (including English), as directed by the City. This task includes interpretation services at the public hearing and translation of comments to English, for a maximum number of hours. Michael Baker will provide the City with a draft version of materials for their feedback and edits; if preferred, Michael Baker will provide a second draft for final review and approval prior to finalizing the documents.

Task Deliverables:
» Preparation of presentation for one hearing on the public review draft » Attendance (virtual) at one hearing
» Flyer in two languages
» Translation and interpretation services up to a maximum number of hours Task 3 – Research and Analysis (Administrative Draft Chapters) Michael Baker will prepare an administrative draft of the Housing Element update. Individual draft chapters are proposed to be submitted as they are completed to facilitate and expedite City staff review.

Task 3.1 Evaluation of 2015-2023 Housing Element and Accomplishments Michael Baker will conduct an initial overall review and assessment of the 2015-2023 (5th Cycle) Housing Element. This evaluation will be submitted as a written outline with recommended changes (including relevant justification) and areas for improvement, programs that should be considered, and any other relevant housing issues that might be included in this update. We will also provide a list of other General Plan elements and appendices that will require updates for internalconsistency.

This task will include review of the documents relevant to the Housing Element update such as:
» 2015-2023 Housing Element
» Annual Progress Reports
» Past communication with HCD, including any findings letters » Land Use and Environmental Justice Elements (for consistency) » Other applicable programs and ordinances identified during project kickoff This task includes the review of housing goals, policies, and program accomplishments including status, evaluation of implementation and effectiveness, and whether the prior housing programs will be retained, modified, deleted, or amended with new programs.

Task Deliverables:
» Memorandum summarizing the evaluation findings and recommendations including a list of General Plan amendments for consistency
» Administrative draft evaluation of accomplishments chapter Task 3.2 Housing Needs Assessment
The housing needs assessment will contain the following topics to satisfy Government Code Section 65583(a) requirements:
» Demographics, income, and employment trends
» Household characteristics
» Housing stock characteristics
» At-risk housing analysis; analysis of special housing needs #7..
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__________________________________________________________________________________________ Page 20 The majority of the data and analysis will be provided by data packets that have been pre-reviewed by HCD for consistency with State requirements to increase predictability in the Housing Element approval process.

Task Deliverables:
» Administrative draft housing needs assessment
Task 3.3 Affirmatively Furthering Fair Housing (AFFH)
Michael Baker will prepare and incorporate a new chapter for the AFFH analysis. The new chapter will be prepared pursuant to HCD’s recent guidelines and developing review comments and requirements. The federal AFFH rule requires a jurisdiction to take “deliberate action to explicitly address, combat, and relieve disparities resulting from past and current patterns of segregation to foster more inclusive communities.” AB 686 extended this AFFH requirement to cities and counties in California. Cities must incorporate fair housing issues, analysis, goals, and actions when updating their Housing Elements. As such, we will prepare an analysis of fair housing issues, identify contributing factors, develop goals and actions, and review prior goals and actions. Fair housing issues to be assessed include review of fair housing enforcement and capacity, segregation and integration, racially/ethnically concentrated areas of poverty, access to opportunity, and disproportionate housing needs and displacement risk. Analysis will consider local and regional patterns and trends, and local data and knowledge gathered from effectivecommunity engagement.

Michael Baker has worked closely with HCD to fulfill the new and extensive AFFH guidance and HCD requirements. The goal setting process task requires extensive input from City staff and stakeholders/community to provide local knowledge and explanations of the contributing factors for various fair housing issues and will require a commitment to development of new goals or programs to directly address and resolve fair housing issues. The programs will require clear, measurable, andenforceable outcomes, geographic specificity, and timelines.

Please note that certification of the Housing Element will depend on HCD’s determination as to whether the programs will achieve significant and meaningful results. Michael Baker will prepare draft goals for review by the City and community/stakeholders; however, City staff and community/stakeholders will need to commit to and provide input on the specific resources, outcomes, and timelines for achieving these goals. With the community engagement process suggested above,Michael Baker will assist the City and its community/stakeholders to be informed, prepared, and ultimately successful in taking meaningful action to further fair housing in its community.

Task Deliverables:
» Administrative draft AFFH chapter
Task 3.4 Housing Resources and Sites Inventory
New State laws on addressing the adequate sites requirement (AB 1397 and SB 166) have significant impacts on the sites inventory. AB 1397 places higher standards on the reuse of sites, reliance of nonvacant sites, and extreme sizes of sites (too small and too large). SB 166 requires a no-net-loss accounting that necessitates a sites inventory with a comfortable 15-30 percent buffer.

We will use the current sites inventory as a starting point and work with the City to determine which sites are still viable RHNA sites based on new State law requirements. We will update the site selection criteria to identify new sites and reevaluate sites identified from the 5th Cycle Housing Element Land Inventory. As part of the site selection process, we will consider the General Plan policies and land use density range, zoning, available infrastructure, and opportunities within approved specific plans. We will formulate General Plan and zoning strategies that will address additional housing unit capacity. This task also assumes a high level of collaboration with City staff to identify and evaluate individual sites and essential development criteria and likelihood based on local knowledge such as ownership status and interest, tenant status, stability and turnover, and particular opportunities and constraints. As part of the housing sites analysis, we will complete the following:
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__________________________________________________________________________________________ Page 21 Document potential sites. We will prepare an inventory, map, and analysis illustrating the City’s capacity to accommodate the 6th Cycle RHNA. In keeping with State law, we will document the realistic development capacity of each site (or typology) based on local development trends and/or proposed programs, and prepare a map showing all identified sites. We recommend safe and defensible assumptions to facilitate HCD approval and to avoid and minimize the no-net-loss risks.

Review sites for whether they affirmatively further fair housing. We will prepare an evaluation of the sites to determine how they meet the AFFH rule and work with City staff to determine if the sites identified in the inventory are located throughout the community in a manner that has the ability to affirmatively further an increase in fair housing.

Non-vacant sites analysis. We will complete an analysis of non-vacant sites to address a portion of the RHNA.

As part of this task, we will analyze the realistic development potential within the planning period by considering the extent that a non-vacant site’s existing use impedes additional residential development, the jurisdiction’s past experience converting existing uses to higher-density residential development, and market trends and conditions. We will analyze the local housing trends to establish site potential estimates.

Anticipated and actual project densities will be used to project and substantiate assumed future development yields of proposed RHNA sites. This task assumes that City staff will document and compare the maximum zoning density to the actual project yield, including percentage and types of affordable units from development projects built, approved, or under review during the 5th Cycle period.

Infrastructure constraints analysis. With supporting GIS data provided by the City, we will work to determine if parcels included in the sites inventory have sufficient access to water, sewer, and dry utilities and adequate capacity to support housing development. This task assumes that City staff will review existing General Plan programs or other mandatory programs or plans to secure sufficient water, sewer, and dry utilities supply and identify any potential limitations or constraints and improvements necessary to support housing development on the site. This task does not include technical studies or evaluation.

Opportunities and resources. In collaboration with key City staff, the project team will review and update the sites inventory in the 2015-2023 Housing Element as needed, taking into consideration development that has occurred since adoption of the current document as well as the adequate sites requirements under the numerous new State housing laws adopted since the last Housing Element.

Rezoning analyses (if needed). If rezoning is necessary to meet the RHNA obligations, we will work with City staff to identify potential areas for rezoning to maintain an adequate housing sites inventory throughout the eight-year planning period. This task will be provided on a time and materials basis. An estimated budget has been provided.

Task Deliverables:
» Review and evaluation of relevant background materials » Proposed methodological approach, housing project potential and yield trends, assumptions, and initial sites inventory results and recommended options
» Administrative draft housing sites inventory chapter, list, and map » Rezoning analyses, if required (time and materials budget) Task 3.5 Housing Constraints
We will identify potential governmental and nongovernmental constraints to housing production, including environmental and infrastructural constraints. This analysis must contain a review of factors that may potentially constrain the development, improvement, and preservation of housing in Modesto. Factors to be reviewed include market, governmental, environmental, and infrastructural constraints. New housing laws require the assessment of nongovernmental constraints,including NIMBYism, lending practices, shortage of labor, and other economic factors.
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__________________________________________________________________________________________ Page 22 Task Deliverables:
» Memorandum summarizing the findings of the housing constraints analysis » Administrative draft of housing constraints section of 2023-2031 Draft Housing Element Task 3.6 Housing Plan (Goals, Policies, and Quantified Objectives) Based upon the analyses and research conducted in the previous tasks, we will update the goals, policies, and quantified objectives section of the Housing Element (the Housing Plan). For each program included in the Housing Plan, we will work with the City to establish the time frame for implementation, specific objectives, funding sources, and responsible agencies.The programs will satisfy the requirements of Government Code Sections 65583(b) and (c).

Task Deliverables:
» Meeting with City staff
» Administrative draft of the Housing Plan (goals, policies, and quantified objectives) Task 4 – Housing Element Preparation
Task 4.1 Draft Housing Element (Screencheck and Public Review Drafts) Upon receipt of a comprehensive set of staff review comments and requested changes on the administrative draft chapters, Michael Baker will prepare a complete screencheck review draft Housing Element for staff review and comment.

The public review draft will be published and circulated for public review and comment for at least two weeks prior to submittal to HCD for its initial 90-day compliance review.

Task Deliverables:
» Screencheck draft Housing Element
» Task 2.3 City Council study session (or joint workshop with the Planning Commission) » Public review draft Housing Element
» Submittal of draft Housing Element to HCD along with a submittal letter and completed review checklist for the initial 90-day compliance review
Task 4.2 HCD Substantial Compliance Review and Final Draft Housing Element Michael Baker will work closely with HCD and City staff, coordinate conference calls, and address public review comments, preliminary HCD review comments on the draft Housing Element during the 90-day review period (if provided), and the HCD review letter. The goal is to achieve a Finding of Substantial Compliance for the draft Housing Element before proceeding to adoption. In this manner, the City Council can adopt the Housing Element with the revisions identified by HCD to obtain certification.

We have proposed a time and materials budget for preparation of the final draft Housing Element. This budget includes preparation of a second and third (if required) public and HCD review drafts in response to comments received on the first and second public review drafts, and preparation of the final draft Housing Element for the Planning Commission and City Council adoption hearings to address a second and third (if required) round of public review comments and the HCD compliance review letter.

Task Deliverables:
» Review of public and HCD review comments and preparation of responses and revisions with City staff » Conference calls and correspondence with HCD and City staff to answer questions and address key issues » Preparation of a second and third (if required) public and HCD review drafts » Preparation of a final draft for Planning Commission and City Council hearings, and adoption #7..
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CITY OF MODESTO■ 2023-2031 HOUSINGELEMENT
__________________________________________________________________________________________ Page 23 Task 5 – California Environmental Quality Act (CEQA)
It is not known whether the City has adequate sites to meet the 6th Cycle RHNA, and to what extent rezoning will be required. It may be possible the Housing Element could be adopted with preparation of an Addendum to the City’s General Plan EIR, or an Initial Study (Mitigated) NegativeDeclaration (IS/MND). Michael Baker recognizes that Housing Elements require a tailored CEQA approach, that oftentimes cannot be determined until further into the Planning Process. As such, Michael Baker has included a CEQA strategy task that would allow our team to review existing planning documents, the proposed projects, rezoning, and other project components to determine the most appropriate CEQA document for the project.

Task 5.1: CEQA Strategy Development
There is no “one size fits all” approach to CEQA compliance for Housing Element updates. The Michael Baker team will work collaboratively with City staff to outline the best path forward based on the overall objectives of the City. Considerations will include:
• Extent of rezoning actions to accommodate the RHNA allocation, if necessary • Nature and scope of available planning documents, including the 2019 General Plan EIR, prior cycle Housing Element approvals, or recent major development project evaluations • Desired utility of CEQA process to streamline future housing approvals • Feasibility of meeting state schedule mandates
Starting at project kick off, our CEQA team will work alongside the Housing Element team to review the proposed rezoning required as well as other components of the Housing Element update. Once our team completes document reviews and addresses other considerations outlined above with City staff, we will provide a CEQA Strategy Memorandum that details the CEQA compliance path, key data needs to meet milestones, and a budget. It is anticipated that the CEQA scope of work will be able to be defined once a recommended sites inventory has been developed (near the time of the public review draft). Michael Baker will work to develop the CEQA scope as early in the process as possible, to reduce the overall project timeline.

CEQA compliance costs and timelines could range from $25,000 and 3 months for an Addendum to a previously certified Environmental Impact Report (EIR), to approximately $250,000 and 12 months if a new EIR is required. If impacts can be avoided via mitigation, a Mitigated Negative Declaration (MND) could potentially be a “middle ground” solution.

Deliverable:
• CEQA document review, project description, strategy memorandum, scope and fee Task 6 – Housing Element Adoption and Certification
Task 6.1 Planning Commission and City Council Hearings
The Michael Baker team will prepare for and remotely attend one Planning Commission hearing and one City Council hearing for the adoption of the Housing Element update. Up to two members of the Michael Baker team will be available to attend each hearing and respond to comments and questions. This task also includes preparation of one flyer advertising both hearings. City staff will be responsible for room reservations, required public notices, and staff reports for these meetings. We will collaborate with City staff to prepare and deliver presentations for each public hearing. It is assumed that Michael Baker will attend and coordinate all workshops and hearings virtually through online engagement platforms. If desired, in-person attendance can be provided on a time and materials and based on consultant availability.

Task Deliverables:
» Virtual attendance and support at one Planning Commission hearing and one City Council hearing #7..
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CITY OF MODESTO■ 2023-2031 HOUSINGELEMENT
__________________________________________________________________________________________ Page 24 Task 6.2 State Certification
After adoption, the Housing Element update must be submitted to HCD for its final review. We will serve as the City’s liaison with HCD and will assist the City in achieving certification of the Housing Element. This task assumes an HCD letter of substantial compliance on the public review or adopted draft. We have proposed a time and materials budget to address final technical revisions that HCD may require for certification. This task does not include revisions that require re-adoption of the Housing Element. Adoption of the Housing Element Update should reserve the right to re-adopt the housing element as necessary to make technical revisions and amendments to the element without the need for prior public or HCD review.

Task Deliverables:
» Submittal of City-adopted Housing Element to HCD for final 60-day review and certification » Coordination with HCD and City staff to discuss and address any remaining technical comments and revisions to obtain certification
» One set of final revisions to address final technical comments from HCD during the 60-day review period. #7..
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CITY OF MODESTO■ 2023-2031 HOUSINGELEMENT
__________________________________________________________________________________________ Page 25 Assumptions and Exclusions:

1. All draft and final deliverables will be in electronic format (Microsoft Word, PDF, PowerPoint, Excel).

2. Consultant attendance at meetings and hearings will be via Microsoft Teams, Zoom, or equivalent, except where specifically noted. In-person attendance at meetings, workshops, and hearings, pending availability of consultant, will be charged on a time and materials basis, including all travel time and expenses.

3. This scope and cost proposal do not include preparation of any CEQA documentation or analyses required aside from the review of relevant materials and development of a strategy, recommended approach and cost estimate. The Housing Element update could be approved subject to an Addendum or Amendment that tiers off of the 2019 General Plan Update EIR. Alternatively, an MND or EIR could be required. It is assumed all CEQA studies, documentation, and public notification and outreach required for any of the options listed above would be determined after completion of the administrative IS and included under a separate scope and fee.

4. Rezoning and required CEQA analyses and documentation are not included in this scope. Any necessary rezoning will be subject to a separate CEQA review under a separate scope and fee.

5. City and fair housing service provider(s) will document local fair housing services and demonstrate compliance with and enforcement of all fair housing laws.

6. City staff will provide GIS map layers and parcel data including geocoded address and rectified (removal and resolution of duplicate or missing) APN for development project sites that have been built, approved and pending entitlement during the 2015-2023 cycle.

7. City will conduct any necessary tribal consultations.

8. City staff will identify potential eligible sites based on local knowledge. If necessary, City staff will identify and contact property and business owners to obtain information to identify the likelihood of development, recycling, or redevelopment of the site within the 6th Cycle planning period.

9. City staff will provide summaries of the relevant specific plans and assumptions regarding development potential during the 6th Cycle planning period including developer contact and opinion, market, pro forma studies and other technical studies.

10. This scope does not include revisions or amendments that require readoption of the Housing Element.

11. The late initiation of this housing element update, combined with new mandatory public and HCD review periods, and typical multiple reviews and revisions by HCD will likely prevent receipt of a letter of substantial compliance (aka “certification”) from HCD before the statutory adoption date or the 120-day grace period. This could require the adoption of any necessary rezonings within one year from the statutory adoption date of December 31, 2023.
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CITY OF MODESTO■ 2023-2031 HOUSINGELEMENT
_______________________________________________________________________________________________________________________Page 26 C o s t P r o po sa l
A detailed cost proposal is provided on the following fee schedule on a fixed fee, not to exceed basis with the exception of the tasks specifically noted as time and materials. The fee includes a recommended contingency budget of $30,000 of the total cost of all regular tasks as a contingency to account for unforeseen circumstances or miscellaneous City requests or modifications to the scope once underway. These funds can only be used with prior City authorization and would be billed on a time and materials basis. Michael Baker reserves the right to adjust and transfer hours between staff and tasks. Project Manager Strategic Advisor Housing Specialist CEQA Lead Community Engagement Lead Planning Analysts GIS Specialist Technical Writer/ Graphics Total
Hours
Direct
Costs
(e.g.,
travel,
vendors) Labor Cost Total Fee
HOURLY RATE: $225 $210 $155 $250 $195 $120 $120 $120
Task 1: Project Management and Coordination 78 24 16 14 24 40 0 0 196 $300 $ 38,050 $ 38,350

1.1 Kickoff meeting 6 4 4 2 4 8 28 $5,050

1.2 Project Schedule 8 4 2 4 8 26 $4,880

1.3 Project Management and Coordination 64 16 12 10 16 24 142 $28,120 Task 2: Community Engagement 68 16 20 0 54 140 0 32 330 $2,500 $ 52,930 $ 55,430

2.1 Community and Stakeholder Outreach & Engagement Strategy 4 2 8 8 2 24 $4,080

2.2.a Outreach Materials (includes 1 language translation) 4 8 24 12 48 $1,000 $6,780

2.3 Community Outreach/Engagement Meetings and Activities

2.3.1 Community Workshops (2) 24 6 8 12 24 8 82 $900 $14,080

2.3.2 City Council or Joint CC/PC Study Session (1) 12 4 6 6 12 2 42 $7,320

2.3.3 Stakeholder Interviews (10) 6 8 32 2 48 $6,990

2.3.4 Online Housing Needs Survey 6 8 24 4 42 $6,270

2.4 Public Review Draft Hearing 12 4 6 4 16 2 44 $600 $7,410 Task 3: Research and Analysis (Administrative Draft Chapters) 100 38 74 0 0 452 60 36 760 $200 $ 107,710 $ 107,910

3.1 Evaluation of 2015-2023 Housing Element & Accomplishments 4 4 6 24 2 40 $5,790

3.2 Housing Needs Assessment 12 4 8 80 6 110 $15,100

3.3 Affirmatively Furthering Fair Housing (AFFH) 12 6 12 100 20 8 158 $21,180

3.4 Housing Resources and Sites Inventory 24 8 8 80 24 6 150 $21,520

3.4 Rezoning Analysis and Plan to meet RHNA (time and materials) 16 4 12 32 16 2 82 $12,300

3.5 Housing Constraints 16 4 12 64 6 102 $14,700

3.6 Housing Plan (Goals, Policies, and Quantified Objectives) 16 8 16 72 6 118 $17,120 #7..
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CITY OF MODESTO■ 2023-2031 HOUSINGELEMENT
_______________________________________________________________________________________________________________________Page 27

Task 4: Housing Element Preparation 102 34 24 0 24 300 16 30 530 $200 $ 80,010 $ 80,210

4.1 Draft Housing Element
Screencheck Draft Housing Element 18 8 16 4 80 4 8 138 $20,030 City Council (or joint PC) Study Session (see 2.3.2) -
Public Review Draft 16 4 8 6 60 4 8 106 $15,490

4.2 HCD 90-Day Substantial Compliance Review & Final Draft - Public Review Draft Meeting & Hearing (2) (see Task 2.4) - Public Comments Review & Revisions 24 6 6 60 4 6 106 $16,230 Final Draft, response to HCD comments, HCD meetings
(time & materials budget - up to 2 revisions) 44 16 8 100 4 8 180 $28,260 Task 5: CEQA Coordination 8 4 0 16 0 24 0 2 54 $300 $ 9,760 $ 10,060

5.1 CEQA Strategy Development 8 4 16 24 2 54 $9,760
Task 6: Housing Element Adoption and Certification 40 18 26 0 4 64 0 8 160 $1,600 $ 26,230 $ 27,830

6.1 Planning Commission and City Council Hearings (2) 16 6 8 4 32 4 70 $11,200

6.2 State Certification (Time & Materials Budget) 24 12 18 32 4 90 $15,030 TOTAL ALL TASKS 396 134 160 30 106 1,020 76 108 2,030 $ 5,100 $ 314,690 $ 319,790 Miscellaneous Tasks Contingency (time & materials) $ 30,000 349,790$
Estimated hours. Michael Baker reserves the right to adjust and transfer hours between staff and tasks. Prior City approval required to exceed any task budget.

GRAND TOTAL
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CITY OF MODESTO■ 2023-2031 HOUSINGELEMENT
_______________________________________________________________________________________________________________________Page 28

P r o jec t S c h edu l e
Housing Elements in the Stanislaus region must be adopted by December 31, 2023 (with a 120-day grace period ending April 29, 2024). AB 1398 requires that certification be achieved within the grace period in order to get three years to complete the rezoning for RHNA. If certification is not achieved by the grace period, the City gets only one year from the adoption deadline to complete the necessary rezoning for RHNA (by December 31, 2024). The late initiation of this housing element update, new AB 215 mandatory public and HCD review periods, and typical multiple HCD reviews and revisions will likely prevent receipt of a letter of substantial compliance (aka “certification”) from HCD before the statutory adoption date or the 120-day grace period. This is expected to require the adoption of any necessary rezonings by December 31, 2024.

Below is a preliminary project schedule.

Milestone Timeline
Project Initiation October 2022
Public Participation November 2022 – November 2023
Staff Review Draft July 2023
Public Review Draft for 30-Day Review August 2023
PC, CC, or Joint PCC/CC Study Session September 2023
Revised Draft Housing Element October 2023
Draft Housing Element to Address HCD Comments November – December 2023 2 nd HCD Review (60-day Review) January - February 2024 CEQA September 2023-April 2024
Adoption Hearings May/June 2024
Certification June - July 2024
(April 29, 2024 – end of grace period)
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

November 1, 2022
Date: October 14, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jaylen French, Director of Community and Economic Development SUBJECT: Commercial Cannabis Retail Permit Extensions
CONTACT: Sean M. Rando, Business Analyst
[email protected], 209-577-5473
DESCRIPTION:

Consider approving an extension of the eight (8) Commercial Cannabis Retail Permits for dispensaries in the City from December 19, 2022 to June 30, 2023 and thus adjusting the twoyear renewal period from a calendar year to a fiscal year which runs from July to June. (Funding Source: Cannabis Permit Fees)
STRATEGIC PLAN ELEMENT:

Renewing commercial cannabis retail permits promotes economic vitality consistent with the City Council 2020-2025 Strategic Plan Goal E, Drive Economy Vitality.

BACKGROUND:

In December 2017, the City Council adopted Ordinance 3684-C.S. legalizing certain commercial cannabis business operations in particular zoning districts. On December 19, 2018, by Resolution 2018-566 the City Council approved and issued eight (8) dispensary permits, which were valid for a period two (2) years. On December 19, 2020, by Resolution 2020-485 through 489, City Council approved initial renewal applications for the eight (8) retail locations. This renewal period is currently set to expire on December 19, 2022.

The City Council was the approving body regarding all cannabis businesses operating in the City. On April 13, 2021, by Resolution No. 2021-132, Council established the Cannabis Permit Review Committee (Committee) and delegated the authority to approve non-dispensary and non-delivery cannabis businesses to that Committee. On March 1, 2022, by Resolution No. 2022-109, the Council expanded the role of the Committee to advise the Council on all cannabis-related issues and renamed the Committee, the Cannabis Program and Permit Review Committee.
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City Council, November 1, 2022
Commercial Cannabis Retail Permit Extensions