Modesto City Council
January 10, 2023

- 1 -
1/10/2023 5:30:00 PM

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

CITY COUNCIL MEETING
Chambers, Basement Level
Tenth Street Place, 1010 10th Street
Modesto, California
Tuesday, January 10, 2023 at 5:30 PM
*Roll Call - Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
* Some Councilmembers may be participating in the meeting remotely via teleconferencing or other electronic means consistent with the AB 361.
“Wordly” can translate into 25+ different languages! To access written translation during the meeting, please scan the QR Code or click this link https://attend.wordly.ai/join/RJDY-6364.
"Wordly" puede traducir a más de 25 idiomas diferentes! Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace https://attend.wordly.ai/join/RJDY-6364.

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

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

You may observe a livestream of the meeting at http://media.modestogov.com. You may also participate in the meeting as indicated below.
- 1 -
1/10/2023
- 2 -
1/10/2023 5:30:00 PM

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

SUBMITTING COMMENTS BY E-MAIL
Written comments may be submitted via email to: [email protected] (include Agenda Item Number in the subject line). All comments will be shared with the Councilmembers and placed in the record, but will not be read aloud during the meeting. Written comments must be received by 3:00 p.m. on the day of the meeting.

VIRTUAL PARTICIPATION BY ZOOM VIDEO

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

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

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

USING A COMPUTER OR SMART PHONE APP:
 Click on the “Raise Hand” feature in the webinar controls. This will notify City staff that you have raised your hand.
- 2 -
1/10/2023
- 3 -
1/10/2023 5:30:00 PM
 City staff will unmute your microphone when it is your turn to provide public comment.
 A prompt will appear to confirm you would like to be unmuted and then you will have three minutes to provide public comment.
 Once your public comment has ended, you will be muted again.

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

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

ACKNOWLEDGEMENTS AND PRESENTATIONS

1. Poet Laureate Reading by Salvatore Salerno (Funding Source: Not Applicable) PRN; Laurie Smith, 209-577-5347, [email protected]

2. Presentation of Certificate of Recognition to the Modesto City Marching Brigade for selection to participate in the National 4th of July Parade in Washington, D.C. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]

MISCELLANEOUS
Legislation, Appointments, and Other

3. Consider approving appointments to fill two City of Modesto vacancies on the Equity - 3 -
1/10/2023
- 4 -
1/10/2023 5:30:00 PM
Commission for a four-year term. (Funding Source: Not Applicable) Staff Recommendation:
 Resolution approving the appointments of Austin Grant and Joel Campos to the Equity Commission with a term expiration of January 1, 2027.

HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected]

4. Consider reappointing Chris Guptill to the Tuolumne River Regional Park Citizens Advisory Committee (TRRP CAC) through December 31, 2026. (Funding Source: Not Applicable)
Staff Recommendation:
 Resolution reappointing Chris Guptill to the Tuolumne River Regional Park Citizens Advisory Committee (TRRP CAC) through December 31, 2026.

PRN; Nathan Houx, 209-571-5526, [email protected]

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

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

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

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

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

In accordance with the requirements of Title II of the Americans with Disabilities Act (“ADA”) of 1990, the Fair Employment & Housing Act (“FEHA”), the Rehabilitation Act of - 4 -
1/10/2023
- 5 -
1/10/2023 5:30:00 PM
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

5. Consider approving the minutes from the December 13, 2022 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
 Motion approving the minutes from the December 13, 2022 Council Meeting.

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

6. Consider approving final adoption of Ordinance 3753-C.S. adding Section 2-3.908, “Community Police Review Board,” to Chapter 3, “Administrative Departments,” of Title 2, “Administration,” of the Modesto Municipal Code to establish The City Of Modesto Community Police Review Board (CPRB). (Funding Source: Not Applicable) Staff Recommendation:
 Motion approving final adoption of Ordinance 3753-C.S. adding Section 2-

3.908, “Community Police Review Board,” to Chapter 3, “Administrative Departments,” of Title 2, “Administration,” of the Modesto Municipal Code to establish The City Of Modesto Community Police Review Board (CPRB).

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

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

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

8. Consider approving a Second Amendment to the Legal Services Agreement with Meyers Nave to add specialty legal services rates. (Funding Source: Various Funds) Staff Recommendation:
- 5 -
1/10/2023
- 6 -
1/10/2023 5:30:00 PM
 Resolution approving a Second Amendment to the Legal Services Agreement with Meyers Nave to add specialty legal services rates and authorizing the City Manager, or his designee, to execute the Amendment.

CITY MANAGER; Joseph Lopez, 209-577-5223, [email protected] Consent

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

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

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

10. Consider approving a Will Serve Letter and an Outside Service Agreement for water connection for the property located a 323 Bothun Road in unincorporated Stanislaus County just outside of the city limits of Turlock (APN: 043-029-001) adjacent to the former Del Este water service area now owned by the City of Modesto. (Funding Source: Water Fund)
Staff Recommendation:
 Resolution approving a Will Serve Letter and an Outside Service Agreement for water connection for the property located a 323 Bothun Road in unincorporated Stanislaus County just outside of the city limits of Turlock (APN: 043-029-001) adjacent to the former Del Este water service area now owned by the City of Modesto.

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

11. Consider approving an Agreement with PlaceWorks (Berkeley, California) for the Development of the Southwest Modesto Plan, in an amount not to exceed $216,000. (Funding Source: Local Early Action Planning (LEAP) Grant) Staff Recommendation:
 Resolution approving an Agreement with PlaceWorks (Berkeley, California) for the Development of the Southwest Modesto Plan, in an amount not to exceed $216,000 and authorizing the City Manager, or his designee, to execute the Agreement.

CED; Jessica Hill, 209-577-5211, [email protected]
Consent

12. Consider approving a First Amendment to the Agreement with Housing Tools LLC. (Housing Tools) for Consultant Services related to Grant Assistance, Labor Compliance and Regulatory Contract Monitoring for a revised Agreement total amount not to exceed $195,000. (Funding Source: Community Development Block Grant Funds and Permanent Local Housing Allocation Grant Funds) - 6 -
1/10/2023
- 7 -
1/10/2023 5:30:00 PM
Staff Recommendation:
 Resolution approving a First Amendment to the Agreement with Housing Tools LLC. (Housing Tools) for Consultant Services related to Grant Assistance, Labor Compliance and Regulatory Contract Monitoring increasing the amount by $150,000 from $45,000 for a total amount not to exceed $195,000 and authorizing the City Manager, or his designee, to execute this Amendment.

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

13. Consider approving a Community Development Block Grant CARES Act (CDBG-CV) Grant to Stanislaus County Affordable Housing Corporation (STANCO), in an amount not to exceed $450,428 and $25,000 in activity delivery costs for a grand total of $475,428 for the acquisition and rehabilitation of the property located at 319 Laurel Street, Modesto, CA. (Funding Source: Community Development Block Grant Funds Cares Act)
Staff Recommendation:
 Resolution approving a Community Development Block Grant CARES Act (CDBG-CV) Grant to Stanislaus County Affordable Housing Corporation (STANCO), in an amount not to exceed $450,428 and $25,000 in activity delivery costs for a grand total of $475,428 for the acquisition and rehabilitation of the property located at 319 Laurel Street, Modesto and authorizing the City Manager or designee to execute the Agreements.

CED; Jessica Hill, 209-577-5211, [email protected]
Consent

14. Consider adopting Building, Plumbing, Electrical, and Mechanical Ordinances by reference of the 2022 California Building Codes and consider amending various sections of Chapters 1, 2, 3, 7, and 11 of Title 9 of the Modesto Municipal Code. (Funding Source: General Fund/ Building Permit Fees)
Staff Recommendation:
 Motion introducing and waiving the first reading of an Ordinance amending Articles 1, 2, and 16 of Chapter 1 of Title 9 of the Modesto Municipal Code relating to building regulations to adopt by reference, California Code of Regulations, Title 24 Part 2, Volumes 1 & 2.
 Motion introducing and waiving the first reading of an Ordinance amending Chapter 3, Electrical Code of Title 9 of the Modesto Municipal Code relating to building regulations to adopt by reference, California Code of Regulations, Title 24 Part 3 “Electrical Code”.
 Motion introducing and waiving the first reading of an Ordinance adopting by reference, the Existing Building Code contained within the 2022 California Building Standards Code and amending Articles 1 and 2 of Chapter 11 of Title 9 of the Modesto Municipal Code.
 Motion introducing and waiving the first reading of an Ordinance amending Chapter 7, “Mechanical Code” of Title 9 of the Modesto Municipal Code relating to building regulations to adopt by reference, California Code of Regulations, Title 24, Part 4 “Mechanical Code”.
- 7 -
1/10/2023
- 8 -
1/10/2023 5:30:00 PM
 Motion introducing and waiving the first reading of an Ordinance adopting by reference the Plumbing Code contained within the 2022 California Building Standards Code and amending Articles 1 and 2 of Chapter 2 of Title 9 of the Modesto Municipal Code.

CED; Oscar Diaz, 209-571-5885, [email protected]
Consent

15. Consider approving an Agreement with Neil Sullivan LLC, Concord, California, for Executive Team and Management Engagement Services for a three-year period for an amount not to exceed $150,000. (Funding Source: Various Funds) Staff Recommendation:
 Resolution approving an Agreement with Neil Sullivan LLC, Concord, California, for Executive Team and Management Engagement Services for a three-year period for an amount not to exceed $150,000; and authorizing the City Manager or his designee to execute the Agreement.

FINANCE DEPARTMENT; Cynthia Kline, 209-577-5412, [email protected] Consent

16. Consider approving the Purchase for Various Fleet Addition and Replacement Vehicles which includes one Compact Sweeper, three One-Ton Truck Turner Valve, and two Vacuum 3 Axle Trucks in the amount not to exceed $2,352,973. (Funding Source:

Surface Transportation Fund and Fleet Replacement Fund) Staff Recommendation:
 Resolution approving the Competitive Bidding Process from Sourcewell with Municipal Maintenance Equipment, Sacramento, CA for one Ravo 5-iSeries Compact Sweeper for an amount not to exceed $336,152; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any Change Orders not to exceed 15% of the total purchase price.
 Resolution approving the Competitive Bidding Process from Sourcewell with 72 Hour LLC doing business as (dba) National Auto Fleet Group, Watsonville, CA to purchase three One-Ton Truck Turner Valve for an amount not to exceed $720,372; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any Change Orders not to exceed 15% of the total purchase price.  Resolution approving the Competitive Bidding Process from Sourcewell with Municipal Maintenance Equipment, Sacramento, CA to purchase two Vacuum 3 Axle Trucks for an amount not to exceed $1,296,449; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any Change Orders not to exceed 15% of the total purchase price.

FINANCE DEPARTMENT; Cynthia Kline, 209-577-5412, [email protected] Consent

17. Consider approving the Purchase of a Grant Management Software Subscription with Carahsoft Technology Corporation, Reston, VA (dba) eCivis in the amount of - 8 -
1/10/2023
- 9 -
1/10/2023 5:30:00 PM
$295,685 over five years. (Funding Source: Information Technology Fund) Staff Recommendation:
 Resolution approving the Purchase of a Grant Management Software Subscription with Carahsoft Technology Corporation, Reston, VA (dba) eCivis in the amount of $295,685 over five years; and authorizing the Purchasing Manager or her designee to issue the Purchase Order.

FINANCE DEPARTMENT; Cynthia Kline, 209-577-5412, [email protected] Consent

18. Consider accepting the Monthly Investment Report for September 2022. (Funding Source: Various Funds)
Staff Recommendation:
 Motion accepting the Monthly Investment Report for September 2022.

FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
Consent

19. Consider approving a First Amendment with ZOLL Data Systems, Inc. for Hosted Server Services for both ePCR and FireRMS Records Management and Reporting Software for Salida Fire Services and future fire contract services for a total revised amount not to exceed $272,296. (Funding Source: General Fund) Staff Recommendation:
 Resolution approving a First Amendment with ZOLL Data Systems, Inc. for Hosted Server Services for both ePCR and FireRMS Records Management and Reporting Software for Salida Fire Services and future fire contract services by increasing the amount by $33,424 for a total revised amount not to exceed $272,296 and authorizing the City Manager, or his designee to execute the Amendment.

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

20. Consider approving a Second Amendment to the Agreement with United Site Services, Inc. of Modesto, CA for Portable Toilet Rental Services for a revised total amount not to exceed $583,250 over the term of the Agreement for United Site Services and Sun Valley Portable Restrooms, Inc., Turlock, CA. (Funding Source: Golf Fund) Staff Recommendation:
 Resolution approving a Second Amendment to the Agreement with United Site Services, Inc. of Modesto, CA for Portable Toilet Rental Services for a revised total amount not to exceed $583,250 over the term of the Agreement for United Site Services and Sun Valley Portable Restrooms, Inc., Turlock, CA; and authorizing the City Manager, or his designee, to execute the Amendment.

PRN; Laurie Smith, 209-577-5347, [email protected]
Consent

21. Consider authorizing additional payment not to exceed $151,225 to Belfor Property Restoration, Modesto, CA for Emergency Work related to the American Legion Hall - 9 -
1/10/2023
- 10 -
1/10/2023 5:30:00 PM
Fire Remediation. (Funding Source: TRRP JPA Insurance Proceeds) Staff Recommendation:
 Resolution authorizing additional payment not to exceed $151,225 to Belfor Property Restoration, Modesto, CA for Emergency Work related to the American Legion Hall Fire Remediation and authorizing the Purchasing Manager, or her designee, to issue the payments.

PRN; Nathan Houx, 209-571-5526, [email protected]
Consent

22. Consider approving an Agreement with Mark Thomas & Company, Inc. to prepare construction documentation for the Tuolumne River Regional Park (TRRP) Riverwalk Trail - Gateway to Neece Project for a total amount not to exceed $289,583. (Funding Source: Parks Capital Facility Fee Fund, Recreational Trails and Greenways Grant Program – Proposition 68)
Staff Recommendation:
 Resolution approving an Agreement with Mark Thomas & Company, Inc. to prepare construction documentation for the Tuolumne River Regional Park (TRRP) Riverwalk Trail - Gateway to Neece Project for an amount of $263,257, plus $26,326 for additional services, if needed, for an Agreement total not to exceed $289,583 and authorizing the City Manager, or his designee, to execute the Agreement.

PRN; Nathan Houx, 209-571-5526, [email protected]
Consent

23. Consider authorizing the submittal of application(s) to the Environmental Protection Agency Consumer Recycling Education and Outreach Grant Program, and authorizing the City Manager or his designee to sign Grant Applications and related forms. (Funding Source: Not Applicable)
Staff Recommendation:
 Resolution authorizing the submittal of application(s) to the Environmental Protection Agency Consumer Recycling Education and Outreach Grant Program, and authorizing the City Manager, or his designee, to sign Grant Applications and related forms.

PUBLIC WORKS; Rosene Salmo, 209-577-5453, [email protected] Consent

24. Consider approving the Award of Bid and Agreement for the Furnishing of Bio-Solids Removal and Land Application Services with Jim Brisco Enterprises, Inc., Atwater, CA, for a total amount not to exceed $810,891 over five years. (Funding Source: Sewer Operations Fund)
Staff Recommendation:
 Resolution approving the Award of Bid and Agreement for the Furnishing of Bio-Solids Removal and Land Application Services to Jim Brisco Enterprises, Inc., Atwater, CA, for a two year Agreement with three one-year extension options, for an estimated annual amount of $145,500, and a total amount not to exceed $810,891 over five years; and authorizing the City Manager, or his - 10 -
1/10/2023
- 11 -
1/10/2023 5:30:00 PM
designee, to execute the Agreement
UTILITIES; Jason Farnsworth, 209-577-6255, [email protected] Consent

25. Consider approving a Lease Agreement with the State of California, State Lands Commission, for a total amount not to exceed $32,000 over twenty years. (Funding Source: Sewer Operations Fund)
Staff Recommendation:
 Resolution approving a Lease Agreement with the State of California, State Lands Commission, for the use of a 30-foot-wide strip of submerged land situated in the bed of the Tuolumne River, Stanislaus County, State of California for an estimated amount of $12,000 and a total amount not to exceed $32,000 over twenty years and authorizing the City Manager, or his designee, to execute the Agreement.

UTILITIES; Jason Farnsworth, 209-577-6255, [email protected] Consent

26. Consider approving Agreements with Republic Services, Inc. dba Forward, Inc.

Landfill for the Non-Hazardous Waste Disposal of Wastewater Grit, Sewer Spoils, and Storm Spoils for a total amount not to exceed $404,910 over six years. (Funding Source: Sewer and Storm Drain Funds)
Staff Recommendation:
 Resolution approving the Agreement(s) with Forward, Inc. for the Disposal of Non-Hazardous Sewer Grit, Sewer Spoils and Storm Spoils for a three year Agreement with one three-year extension option, for an annual estimated cost of $67,485, and a total not to exceed $404,910 over six years, and authorizing the City Manager, or his designee, to execute the Agreement.

UTILITIES; Jason Farnsworth, 209-577-6255, [email protected] Consent

27. Consider accepting the Rebid Sonoma Sanitary Sewer Trunk Extension Project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $2,230,697 to A. Teichert & Son, Inc., DBA Teichert Construction. (Funding Source: Wastewater Fund) Staff Recommendation:
 Resolution accepting the Rebid Sonoma Sanitary Sewer Trunk Extension Project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $2,230,697 to A.

Teichert & Son, Inc. dba Teichert Construction, of Roseville, CA.

UTILITIES; Pete Kambel, 209-577-5444, [email protected]

COUNCIL COMMENTS & REPORTS

CITY MANAGER COMMENTS & REPORTS
- 11 -
1/10/2023
- 12 -
1/10/2023 5:30:00 PM

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

ADJOURNMENT

CLOSED SESSION
Please take notice that a special Closed Session meeting of the Council of the City of Modesto has been called pursuant to Section 2-1.02 of the Modesto Municipal Code to be convened on
TUESDAY, JANUARY 10, 2023 at 4:15 PM
and after the regularly scheduled meeting in the Tenth Street Place, Chambers Conference Room, Basement Level, 1010 Tenth Street, Modesto, California.

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

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

CLOSED SESSION
CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCEA Negotiator: Christina Alger
Employee Organization: Modesto City Employees Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCMA Negotiator: Christina Alger
Employee Organization: Modesto Confidential & Management Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MPOA Negotiator: Christina Alger
Employee Organization: Modesto Police Officers’ Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MPNSA Negotiator: Christina Alger
Employee Organization: Modesto Police Non-Sworn Association - 12 -
1/10/2023
- 13 -
1/10/2023 5:30:00 PM
CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) –MPMA Negotiator: Christina Alger
Employee Organization: Modesto Police Management Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCFFA Negotiator: Christina Alger
Employee Organization: Modesto City Firefighters Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – Unrepresented Negotiator: Christina Alger
Employee Organization: Unrepresented Management and Confidential Employees Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
at by
date time signature
- 13 -
1/10/2023
YOU MAKE IT A HAPPY NEW YEAR!
Salvatore Salerno
Bring out those whistles and bells,
Pour out the champagne, raise up your glass,
Ring out the battered, bedraggled Old Year—
Cheer for the twelve months that you can make new!
Out with the false, and in with the true!
Believe in what actually happens
And not in that unproven chatter.

Act upon choices that help all of us, for
This world is worthy of more than just you.

Out with the bad, and in with the good!
Don’t rush out to put up your fists,
But reach out to offer your hands.

Act with patience and care, for you know
You part of Modesto’s neighborhood.

Out with the ugly, and in with the fair!
Plant a garden made from your style,
Donate some goods or clean up a trail.

Beauty your life for others to share,
As you do for trees, your water and air.

Go, sing and play some welcoming tunes,
Gather your family and friends once again,
Send out that broken-down, bad Old Year,
And do better yourself for Two-Oh-Two-Three!
#1..
- 14 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

January 10, 2023
Date: December 13, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Christina Alger, Director of Human Resources
SUBJECT: Equity Commission Appointments
CONTACT: Christina Alger, Director of Human Resources
[email protected], 209-571-5126
DESCRIPTION:

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

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

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

BACKGROUND:

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

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

City staff created a Diversity, Equity, and Inclusion (DEI) program which also was adopted on January 25, 2022 by Resolution No. 2022-051. This comprehensive program addresses needed focus and training of staff City-wide for both internal relations and service to our community.

Under the program are multiple plans that address various aspects of DEI to include the Equal #3..
- 15 -
City Council, January 10, 2023
Equity Commission Appointments

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

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

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

On September 15, 2022, sixteen applications were taken to the Appointments Committee. Four applications were selected and recommended to move forward to Council. On October 11, 2022, three appointments were approved by Resolution 2022-409 for a term expiration of October 1, 2026.

DISCUSSION:

With the approval by Council of nine appointments to the newly formed Equity Commission, we currently have two vacant seats to fill. City staff did extensive outreach to solicit applications from interested citizens. City staff emailed seven local community groups to share information on the Equity Commission, the DEI program and asked them to share with their members. We also began advertising these remaining seats on various social media platforms to gain applications: Facebook 7/15/22, 7/19/22, 7/26/22, Twitter 7/14/22, 7/19/22, 7/26/22, LinkedIn 7/14/22, 7/26/22, Nextdoor 7/14/22, and Instagram Story 7/14/22. A total of thirty applications have been received to date and sixteen remain active for consideration.

FISCAL IMPACT:

There is no fiscal impact associated with this action.

COMMITTEE RECOMMENDATION:

This was taken to the Appointments Committee on December 12, 2022 and two applications were recommended to move forward to Council.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the appointments of Austin Grant and Joel Campos to the Equity Commission with a term expiration of January 1, 2027.

Approved by:

Christina Alger, Director of Human Resources
Joseph P. Lopez, City Manager
#3..
- 16 -
City Council, January 10, 2023
Equity Commission Appointments

Attachments:

1. Resolution
#3..
- 17 -
1 MODESTO CITY COUNCIL
RESOLUTION NO. 2023-

RESOLUTION APPROVING THE APPOINTMENTS OF AUSTIN GRANT AND

JOEL CAMPOS TO THE EQUITY COMMISSION WITH A TERM
EXPIRATION OF JANUARY 1, 2027
WHEREAS, the Affirmative Action Commission of the City of Modesto was established pursuant to the provisions of the Affirmative Action Program established by Modesto City Council Resolution No. 87-237 on April 7, 1987; and WHEREAS, with the passage of Proposition 209, the City reviewed its employment policies, affirmative action policies and other relevant policies and procedures and amended them as necessary to comply with Proposition 209; and WHEREAS, as part of the compliance effort, the Commission retitled from the Affirmative Action Commission to Equal Opportunity and Disability Commission by Resolution No. 98-134; and
WHEREAS, with the creation of the Diversity, Equity, and Inclusion Program which includes Equal Opportunity and Disability accessibility; and WHEREAS, City staff retitled and repurposed the Equal Opportunity/Disability Commission to the Equity Commission and amended Article II Duties by Resolution No. 2022-054; and
WHEREAS, the Equity Commission is established to advise on matters of diversity, equity, and inclusion; and
WHERAS, the Appointments Committee met on December 12, 2022 and recommended the appointments of Austin Grant and Joel Campos to the Equity Commission.
#3..
- 18 -
2 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the appointments of Austin Grant and Joel Campos as commission members to the Equity Commission for a four-year term, with an expiration date of January 1, 2027.

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

The foregoing resolution was adopted at a regular meeting of the Council of the City of Modesto held on the 10th day of January 2023, 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
#3..
- 19 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

January 10, 2023
Date: December 12, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Laurie A. Smith, Director of Parks, Recreation and Neighborhoods SUBJECT: Tuolumne River Regional Park Citizens Advisory Committee Reappointment CONTACT: Nathan Houx, Parks Planning and Development Manager, [email protected], 209-571-5526
DESCRIPTION:

Consider reappointing Chris Guptill to the Tuolumne River Regional Park Citizens Advisory Committee (TRRP CAC) through December 31, 2026. (Funding Source: Not Applicable) STRATEGIC PLAN ELEMENT:

This action supports the City’s 2020-2025 Strategic Plan’s Quality of Life Goals and Strategies to invest in beautification efforts and by investing in community assets and amenities.

BACKGROUND:

The primary role of the Tuolumne River Regional Park Citizens Advisory Committee (TRRP CAC) is to act in an advisory capacity to the Tuolumne River Regional Park Joint Powers Authority (JPA) Commission in matters pertaining to the design, development, enhancement and use of the park. The Citizens Advisory Committee (CAC) is a group of residents and registered voters from the members of the JPA, comprised of five (5) residents of Stanislaus County, three (3) residents of Modesto, and two (2) residents of Ceres. The members are appointed, by their respective jurisdictions, to four-year terms with no limit to the number of terms they may serve.

Section 1102 of the Charter of the City of Modesto authorizes the City Council to appoint members to various Boards and Commissions with the recommendation of the City’s Appointments Committee.

DISCUSSION:

On February 10, 2015, Council appointed Chris Guptill to fill a vacancy on the TRRP CAC by Resolution No. 2015-36, through January 1, 2019. Mr. Guptill was reappointed to the TRRP CAC on March 5, 2019, by Resolution No. 2019-103, with a term expiration of January 1, 2023. #4..
- 20 -
City Council, January 10, 2023
Tuolumne River Regional Park Citizens Advisory Committee Reappointment

Of the thirty-one meetings held during Mr. Guptill’s time with the TRRP CAC, he has attended thirty meetings. As an active member in good standing, Mr. Guptill has expressed a desire to continue as a member of the TRRP CAC
FISCAL IMPACT:

There is no fiscal impact related to this action.

COMMITTEE RECOMMENDATION:

This item was reviewed by the Appointments Committee on December 12, 2022, and they recommended the item be forwarded to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution reappointing Chris Guptill to the Tuolumne River Regional Park Citizens Advisory Committee (TRRP CAC) through December 31, 2026.

Approved by: _____________
Laurie A. Smith, Director of Parks, Recreation and
Neighborhoods Department
___________
Joseph P. Lopez, City Manager
Attachments:

1. Resolution
#4..
- 21 -
01/10/2023/PRN/NHoux/Item XX 1 2023-XXX

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-

RESOLUTION REAPPOINTING CHRIS GUPTILL TO THE TUOLUMNE

RIVER REGIONAL PARK CITIZENS ADVISORY COMMITTEE (TRRP CAC) THROUGH DECEMBER 31, 2026
WHEREAS, the primary role of the Tuolumne River Regional Park Citizens Advisory Committee is to act in an advisory capacity to the Tuolumne River Regional Park Joint Powers Authority (JPA) Commission in matters pertaining to the design, development, enhancement and use of the park; and
WHEREAS, the Citizens Advisory Committee is a group of residents and registered voters from the members of the JPA, comprised of five (5) residents of Stanislaus County, three (3) residents of Modesto, and two (2) residents of Ceres, and WHEREAS, the members are appointed, by their respective jurisdictions, to four-year terms with no limit to the number of terms they may serve; and WHEREAS, Section 1102 of the Charter of the City of Modesto authorizes the City Council to appoint members to various Boards and Commissions with the recommendation of the City’s Appointments Committee; and
WHEREAS, on February 10, 2015, Council appointed Chris Guptill to fill a vacancy on the Tuolumne River Regional Park Citizens Advisory Committee by Resolution No. 2015-36, through January 1, 2019; and
WHEREAS, Mr. Guptill was reappointed to the Tuolumne River Regional Park Citizens Advisory Committee on March 5, 2019, by Resolution No. 2019-103, with a term expiration of January 1, 2023; and
#4..
- 22 -
01/10/2023/PRN/NHoux/Item XX 2 2023-XX
WHEREAS, during Mr. Guptill’s time with the TRRP CAC, he has been an active member in good standing, and has expressed a desire to continue as a member of the TRRP CAC; and
WHEREAS, the Appointments Committee met on December 12, 2022, and recommended the reappointment of Mr. Guptill to the TRRP CAC.

NOW, THEREFORE BE IT RESOLVED, by the Council of the City of Modesto that it hereby appoints Chris Guptill to the Tuolumne River Regional Park Citizens Advisory Committee (TRRP CAC) through December 31, 2026.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the day of , 2023, 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
#4..
- 23 -
- 1 -
12/13/2022 5:30:00 PM

MODESTO CITY COUNCIL
www.modestogov.com

MINUTES
City of Modesto

CITY COUNCIL MEETING
Chambers, Basement Level
Tenth Street Place, 1010 10th Street
Modesto, California
Tuesday, December 13, 2022 at 5:30 PM
Roll Call - Present: Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
Pledge of Allegiance to the Flag
Invocation: Dallas Jackson, Renew Church
City Clerk’s Announcements: City Clerk announced email correspondence was received for Item 23, as well as, Public Comment and forwarded to the Council.

Declaration of Conflicts of Interest: None
Reports from Closed Session: City Attorney Sanchez reported that no reportable action was taken on the Closed Session item.

ACKNOWLEDGEMENTS AND PRESENTATIONS

1. Presentations of Certificate of Achievement for Excellence in Financial Reporting and Popular Annual Financial Reporting Award by Government Finance Officers Association (GFOA) for Fiscal Year ending June 30, 2021, and Presentation for Distinguished Budget Presentation Award by GFOA for Fiscal Year 2022-23 Budget. (Funding Source: Not Applicable)
FINANCE; DeAnna Christensen, 209-577-5387, [email protected] #5..
- 24 -
- 2 -
12/13/2022 5:30:00 PM
ACTION: Joe Lopez, City Manager presented the Certificate of Achievement for Excellence in Financial Reporting and Popular Annual Financial Reporting Award by Government Finance Officers Association (GFOA) for Fiscal Year ending June 30, 2021, and Presentation for Distinguished Budget Presentation Award by GFOA for Fiscal Year 2022-23 Budget to DeAnna Christensen, Director of Finance.

2. Presentation of eye glasses collected during Second Chance Week. (Funding Source:

Not Applicable)
PUBLIC WORKS; Myriah Hill, 209-521-4801, [email protected] ACTION: Myriah Hill presented eye glasses collected during Second Chance Week.

PUBLIC COMMENT PERIOD
 Steve Cunha, President of Modesto Street Rod Association spoke in support of lifting the ban on cruising.
 Paul Soto, from San Jose spoke in support of lifting the ban on cruising.  Betty Santos, West Coast Customs spoke in support of lifting the ban on cruising. She spoke on the recent toy drives, turkey drive and other community events they have hosted to benefit Modesto residents.
 Lorraine from East Los Angeles spoke in support of lifting the ban on cruising.  James Costello from Modesto Peace Life Center spoke about civilian police review boards. He thanked the Forward Together Committee for their work on and hopes Council will vote for it.
 Patrick Thomas read an excerpt from the District Attorney’s letter regarding the shooting of Paul Chavez, Jr.
 Alissa Hagar commented on Forward Together and the death of Paul Chavez, Jr.  Flavio from the California Low Rider Alliance spoke in support of lifting the ban on cruising.
 Bob Holloway spoke in support of lifting the ban on cruising.  Ramon Rodriguez spoke in support of lifting the ban on cruising and police reform. #5..
- 25 -
- 3 -
12/13/2022 5:30:00 PM
 Alejandra Bravo thanked all the lowriders, hot rod and car enthusiasts for being present this evening. On behalf of the Modesto Cruising coalition she asked Council to repeal the ban on cruising.
 Vicente spoke in support of a police oversight commission. He also spoke in support of lifting the ban on cruising.
 Charles Byrd, Chairman of the Libertarians Party in Stanislaus County spoke about police accountability and reform. He also spoke about the car culture in the City.  Johnathan Williams mentioned the names of Paul Chavez’s three sons, Paul III, Abraham and Josiah. He commented on the shooting of Paul Chavez, Jr.  Beth Goodridge and her son Brandon spoke about the intersection of Sycamore and Coldwell. She referenced a video she sent to the Council.  Andrea Kidd spoke in support of lifting the ban on cruising.  Brittony Estrella Chavez commented on the death of her husband Paul Davis Chavez, Jr.  Theresa Clutter, spoke about the shooting of Paul Chavez, Jr. and asked for justice for Paul Chavez.
 Nassan Sanchez congratulated the newly elected Councilmembers. He also spoke about the many community drives the car clubs hosted to benefit community members. He spoke in support of lifting the ban on cruising and requested to place an item on the agenda to lift the ban on cruising.
 Steve spoke about the shooting of Paul Chavez, Jr. He also commented on cruising in the City. He further commented about the recommendations of the Forward Together Group.
 DeAnna Garcia spoke about lowering the taxes on Cannabis. She also spoke in support of the core cannabis equity program and commented about the Maze Blvd exit.  Vanessa Alfaro spoke about lifting the ban on cruising and police reform.  Patricia read a comment about being stopped by the Modesto Police Department.  Jerry Thompson spoke in support of lifting the ban on cruising  Aaron Anguiano spoke in support of lifting the ban on cruising. #5..
- 26 -
- 4 -
12/13/2022 5:30:00 PM
 Natalie Perez spoke in support of lifting the ban on cruising.  A gentleman congratulated newly elected councilmembers. He spoke in support of lifting the ban on cruising. He also spoke about the death of Paul Chavez, Jr. and commented on Officer Muncy.

Recessed: 7:20 pm
Reconvened: 7:26 pm
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS 3-22: (Wright/Alvarez; 7/0)

CONSENT
Consent

3. Consider approving the Minutes from the December 6, 2022 Council Meeting. (Funding Source: Not Applicable)
 Motion approving the Minutes from the December 6, 2022 Council Meeting.

CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Alvarez; 7/0) Motion approving the Minutes from the December 6, 2022 Council Meeting.

Consent

4. Consider approving final adoption of Ordinance 3752-C.S. repealing Title 5, “Sanitation and Health,” Chapter 11 “Organic Waste Disposal” of the Modesto Municipal Code in its entirety, and repealing and replacing Title 5, Chapter 5, “Solid Waste” of the Modesto Municipal Code. (Funding Source: Not Applicable)  Motion approving final adoption of Ordinance 3752-C.S. repealing Title 5, “Sanitation and Health,” Chapter 11 “Organic Waste Disposal” of the Modesto Municipal Code in its entirety, and repealing and replacing Title 5, Chapter 5, “Solid Waste” of the Modesto Municipal Code.

CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Alvarez; 7/0) Motion approving final adoption of Ordinance 3752-C.S. repealing Title 5, “Sanitation and Health,” Chapter 11 “Organic Waste Disposal” of the Modesto Municipal Code in its entirety, and repealing and replacing Title 5, Chapter 5, “Solid Waste” of the Modesto Municipal Code.

Consent

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

CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected] #5..
- 27 -
- 5 -
12/13/2022 5:30:00 PM
ACTION: (Wright/Alvarez; 7/0) Resolution 2022-473 continuing to authorize remote teleconference meetings of the City of Modesto pursuant to Assembly Bill 361.

Consent

6. Consider approving a resolution authorizing the City Manager to execute Agreements with the California Department of Tax and Fee Administration (“CDTFA”) for implementation of a Local Transactions and Use Tax; and the Resolution authorizing the examination of the Sales, Use, and Transactions Tax Records for the City. (Funding Source: General Fund)
 Resolution of the City Council of the City of Modesto authorizing the City Manager or his designee to execute Agreements with the California Department of Tax and Fee Administration for implementation of a Local Transactions and Use Tax.
 Resolution of the City Council of the City of Modesto, authorizing the examination of Sales or Transactions and Use Tax Records.

CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected] ACTION: (Wright/Alvarez; 7/0) Resolution 2022-474 of the City Council of the City of Modesto authorizing the City Manager or his designee to execute Agreements with the California Department of Tax and Fee Administration for implementation of a Local Transactions and Use Tax.

ACTION: (Wright/Alvarez; 7/0) Resolution 2022-475 of the City Council of the City of Modesto, authorizing the examination of Sales or Transactions and Use Tax Records.

Consent

7. Consider approving a Third Amendment to the Legal Services Agreement with Nossaman LLP to adjust rates and extend the term of the Agreement for one remaining year. (Funding Source: Streets Capital Facility Fees, Regional Measure L)  Resolution approving a Third Amendment to the Legal Services Agreement with Nossaman LLP to adjust the blended hourly rate from $425 to $438 and extending the term of the Agreement to December 31, 2023, to continue to provide Eminent Domain Legal Services for State Route 132 West Freeway/Expressway Phase 1 Project, with no increase to the not to exceed amount of $2,000,000 for the Agreement and authorizing the City Manager, or his designee, to execute the Amendment.

CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected] ACTION: (Wright/Alvarez; 7/0) Resolution 2022-476 approving a Third Amendment to the Legal Services Agreement with Nossaman LLP to adjust the blended hourly rate from $425 to $438 and extending the term of the Agreement to December 31, 2023, to continue to provide Eminent Domain Legal Services for State Route 132 West Freeway/Expressway Phase 1 Project, with no increase to the not to #5..
- 28 -
- 6 -
12/13/2022 5:30:00 PM
exceed amount of $2,000,000 for the Agreement and authorizing the City Manager, or his designee, to execute the Amendment.

Consent

8. Consider approving a Second Amendment to the Legal Services Agreement with Rivera, Hewitt Paul, LLP in the amount of $255,000, for a total Agreement amount not to exceed $400,000 for continued representation. (Funding Source: General Liability Insurance Fund)
 Resolution approving a Second Amendment to the Legal Services Agreement with Rivera Hewitt Paul, LLP in the amount of $255,000, for a total Agreement amount not to exceed $400,000, for continued representation in police litigation matters and authorizing the City Manager or his designee, to execute the Amendment.

CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected] ACTION: (Wright/Alvarez; 7/0) Resolution 2022-477 approving a Second Amendment to the Legal Services Agreement with Rivera Hewitt Paul, LLP in the amount of $255,000, for a total Agreement amount not to exceed $400,000, for continued representation in police litigation matters and authorizing the City Manager or his designee, to execute the Amendment.

Consent

9. Consider accepting a Cannabis Equity Assessment Report, adopting a Cannabis Equity Program, and approving the submission of a Grant Application for the Governor’s Office of Business and Economic Development Cannabis Equity Grant Program for Local Jurisdictions. (Funding Source: General Fund)
 Resolution accepting the City of Modesto Cannabis Equity Assessment Report.  Resolution adopting a City of Modesto Cannabis Equity Program and authorizing the City Manager, or designee, to take all actions as may be required to implement this resolution and program, including but not limited to the establishment of internal controls, administrative functions, and application submittal processes as necessary.
 Resolution authorizing the City Manager, or designee, to apply for a State of California Cannabis Equity Grant Program for Local Jurisdictions, for the purpose of funding a Cannabis Equity Program and to complete and submit the Grant Application and any subsequent application with the Governor’s Office of Business and Economic Development in relation thereto.

CED; Sean Rando, 209-577-5473, [email protected]
ACTION: (Wright/Alvarez; 7/0) Resolution 2022-478 accepting the City of Modesto Cannabis Equity Assessment Report.

ACTION: (Wright/Alvarez; 7/0) Resolution 2022-479 adopting a City of Modesto Cannabis Equity Program and authorizing the City Manager, or designee, to take all actions as may be required to implement this resolution and program, including but not #5..
- 29 -
- 7 -
12/13/2022 5:30:00 PM
limited to the establishment of internal controls, administrative functions, and application submittal processes as necessary.

ACTION: (Wright/Alvarez; 7/0) Resolution 2022-480 authorizing the City Manager, or designee, to apply for a State of California Cannabis Equity Grant Program for Local Jurisdictions, for the purpose of funding a Cannabis Equity Program and to complete and submit the Grant Application and any subsequent application with the Governor’s Office of Business and Economic Development in relation thereto.

Consent

10. Consider adopting Section 24 (Davis Bacon Labor Standards) and Section 25 (Minority Business Enterprise and Women Business Enterprise) and amending Section 6 (Homeowner Rehabilitation Program Policies) of the Housing and Urban Development Policies & Procedures Manual. (Funding Source: Not Applicable)  Resolution approving the adoption of Section 24 (Labor Standards) and Section 25 (MBE/WBE) and the amendment of the Section 6 (Homeowner Rehabilitation Program Policies), within the Housing and Urban Development Policies & Procedures Manual.

CED; Jessica Hill, 209-577-5321, [email protected]
ACTION: (Wright/Alvarez; 7/0) Resolution 2022-481 approving the adoption of Section 24 (Labor Standards) and Section 25 (MBE/WBE) and the amendment of the Section 6 (Homeowner Rehabilitation Program Policies), within the Housing and Urban Development Policies & Procedures Manual.

Consent

11. Consider approving an Agreement with Catholic Charities Diocese of Stockton to provide Environmental Justice Outreach component of the Affordable Housing and Sustainable Communities Grant application in an amount not to exceed $175,000 for the next three years for Archway Commons Phase II. (Funding Source: Affordable Housing and Sustainable Communities)
 Resolution approving an Agreement with Catholic Charities Diocese of Stockton to provide the Environmental Justice Outreach component of the Affordable Housing and Sustainable Communities Grant application in an amount not to exceed $175,000 for the next three years for Archway Commons Phase II and authorizing the City Manager or designee to execute the Agreements.
 Resolution amending the Fiscal Year 2022-23 Multi-Year Fund Budget to establish applicable revenue and expense budgets for the Catholic Charities Environmental Justice Program Agreement to be funded with the Affordable Housing and Sustainable Communities Grant (AHSC) 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]
#5..
- 30 -
- 8 -
12/13/2022 5:30:00 PM
ACTION: (Wright/Alvarez; 7/0) Resolution 2022-482 approving an Agreement with Catholic Charities Diocese of Stockton to provide the Environmental Justice Outreach component of the Affordable Housing and Sustainable Communities Grant application in an amount not to exceed $175,000 for the next three years for Archway Commons Phase II and authorizing the City Manager or designee to execute the Agreements.

ACTION: (Wright/Alvarez; 7/0) Resolution 2022-483 amending the Fiscal Year 2022-23 Multi-Year Fund Budget to establish applicable revenue and expense budgets for the Catholic Charities Environmental Justice Program Agreement to be funded with the Affordable Housing and Sustainable Communities Grant (AHSC) and authorizing the City Manager or his designee, to take the necessary steps to implement the provisions of this resolution.

Consent

12. Consider approving a No-Cost Third Amendment to extend the term of Agreement to June 30, 2023, for the Construction Zone Enhanced Enforcement Program (COZEEP) Agreement No. 19R465000 with the State of California, Department of Highway Patrol for the State Route 132 West Freeway/Expressway Phase 1 Project. (Funding Source:

Not Applicable)
 Resolution approving a No-Cost Third Amendment to extend the completion date to June 30, 2023, for the Construction Zone Enhanced Enforcement Program (COZEEP) Agreement No. 19R465000 with the State of California, Department of Highway Patrol for the State Route 132 West Freeway/Expressway Phase 1 Project, and authorizing the City Manager, or his designee, to execute the Third Amendment.

CED; John Rawles, 209-577-5253, [email protected]
ACTION: (Wright/Alvarez; 7/0) Resolution 2022-484 approving a No-Cost Third Amendment to extend the completion date to June 30, 2023, for the Construction Zone Enhanced Enforcement Program (COZEEP) Agreement No. 19R465000 with the State of California, Department of Highway Patrol for the State Route 132 West Freeway/Expressway Phase 1 Project, and authorizing the City Manager, or his designee, to execute the Third Amendment.

Consent

13. Consider approving an Outside Service Agreement for Water Service for property located at 4524 Tully Road in Modesto (APN: 046-012-005). (Funding Source: Water Fund)
 Resolution approving an Outside Service Agreement with Pastor Of Holy Family Church, a California Corporation to connect to the City of Modesto’s existing water system for the property located at 4524 Tully Road in Modesto (APN: 046-012-005), and authorizing the City Manager, or his designee, to execute the Outside Service Agreement.

CED; Toby Wells, 209-571-5542, [email protected]
#5..
- 31 -
- 9 -
12/13/2022 5:30:00 PM
ACTION: (Wright/Alvarez; 7/0) Resolution 2022-485 approving an Outside Service Agreement with Pastor Of Holy Family Church, a California Corporation to connect to the City of Modesto’s existing water system for the property located at 4524 Tully Road in Modesto (APN: 046-012-005), and authorizing the City Manager, or his designee, to execute the Outside Service Agreement.

Consent

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

FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Wright/Alvarez; 7/0) Motion accepting an informational report for the October 2022 Accounts Payable Payment Register and Void Report.

Consent

15. Consider accepting the Monthly Investment Report for August 2022. (Funding Source:

Various Funds)
 Motion accepting the Monthly Investment Report for August 2022.

FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
ACTION: (Wright/Alvarez; 7/0) Motion accepting the Monthly Investment Report for August 2022.

Consent

16. Consider approving a two-year Retail and Legal Advertising Contract with the McClatchy Company LLC dba Modesto Bee in the amount not to exceed $125,000. (Funding Source: General Fund, Solid Waste Fund, Water Fund, Wastewater Fund, Community Facility District Funds, Landscaping Districts, and Housing Urban Development Funds)
 Resolution approving a two-year Retail and Legal Advertising Contract with the McClatchy Company LLC dba Modesto Bee in the amount not to exceed $125,000; and authorizing the City Manager or his designee to execute the Agreement.

FINANCE DEPARTMENT; Cynthia Kline, 209-577-5412, [email protected] ACTION: (Wright/Alvarez; 7/0) Resolution 2022-486 approving a two-year Retail and Legal Advertising Contract with the McClatchy Company LLC dba Modesto Bee in the amount not to exceed $125,000; and authorizing the City Manager or his designee to execute the Agreement.

Consent
#5..
- 32 -
- 10 -
12/13/2022 5:30:00 PM

17. Consider approving the purchase of two Aerial Trucks from Terex Utilities Inc., Watertown, SD for a total amount not to exceed $751,900 (Funding Source: Fleet Replacement Fund)
 Resolution approving the Competitive Bidding Process from Sourcewell with Terex Utilities Inc., Watertown, SD for two Aerial Trucks for a total amount not to exceed $751,900; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any Change Orders not to exceed 15% of the total purchase price.

FINANCE DEPARTMENT; Cynthia Kline, 209-577-5412, [email protected] ACTION: (Wright/Alvarez; 7/0) Resolution 2022-487 approving the Competitive Bidding Process from Sourcewell with Terex Utilities Inc., Watertown, SD for two Aerial Trucks for a total amount not to exceed $751,900; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any Change Orders not to exceed 15% of the total purchase price.

Consent

18. Consider approving an Agreement with RTI International for Evaluation Services for the Board of State and Community Corrections California Violence Intervention and Prevention Grant Program in an amount not to exceed $154,955 over three years. (Funding Source: Police Grants)
 Resolution approving an Agreement with RTI International for Evaluation Services for the Board of State and Community Corrections California Violence Intervention and Prevention Grant Program in an amount not to exceed $154,955 over three years; and authorizing the City Manager, or his designee, to execute the Agreement.

POLICE DEPARTMENT; Jessica Smart, 209-572-9500, [email protected] ACTION: (Wright/Alvarez; 7/0) Resolution 2022-488 approving an Agreement with RTI International for Evaluation Services for the Board of State and Community Corrections California Violence Intervention and Prevention Grant Program in an amount not to exceed $154,955 over three years; and authorizing the City Manager, or his designee, to execute the Agreement.

Consent

19. Consider approving a Pre-Qualified Hydrogeological Services Consultant List; and two On-Call Hydrogeological Services Agreements in a combined total amount not to exceed $450,000 over a three-year period. (Funding Source: Various Capital Improvement Program Projects)
 Resolution approving an On-Call Agreement for Hydrogeological Services with Luhdorff & Scalmanini, Consulting Engineers, Woodland, CA, for one year, with two one-year extension options, for an annual amount not to exceed $75,000, and a total amount not to exceed $225,000 over three years, and authorizing the City Manager, or his designee to execute the Agreement. #5..
- 33 -
- 11 -
12/13/2022 5:30:00 PM
 Resolution approving an On-Call Agreement for Hydrogeological Services with West Yost Associates, Davis, CA, for one year, with two one-year extension options, for an annual amount not to exceed $75,000, and a total amount not to exceed $225,000 over three years, and authorizing the City Manager, or his designee to execute the Agreement.
 Resolution approving a Prequalified Consultant List for Hydrogeological Services, for various Capital Improvement Program Projects for a period of one year, with the option of two additional one-year extensions at the written approval of the Utilities Department Director.

UTILITIES; Robert Davalos, 209-571-5869, [email protected] ACTION: (Wright/Alvarez; 7/0) Resolution 2022-489 approving an On-Call Agreement for Hydrogeological Services with Luhdorff & Scalmanini, Consulting Engineers, Woodland, CA, for one year, with two one-year extension options, for an annual amount not to exceed $75,000, and a total amount not to exceed $225,000 over three years, and authorizing the City Manager, or his designee to execute the Agreement.

ACTION: (Wright/Alvarez; 7/0) Resolution 2022-490 approving an On-Call Agreement for Hydrogeological Services with West Yost Associates, Davis, CA, for one year, with two one-year extension options, for an annual amount not to exceed $75,000, and a total amount not to exceed $225,000 over three years, and authorizing the City Manager, or his designee to execute the Agreement.

ACTION: (Wright/Alvarez; 7/0) Resolution 2022-491 approving an On-Call Agreement for Hydrogeological Services with West Yost Associates, Davis, CA, for one year, with two one-year extension options, for an annual amount not to exceed $75,000, and a total amount not to exceed $225,000 over three years, and authorizing the City Manager, or his designee to execute the Agreement.

Consent

20. Consider approving an Agreement with West Monroe, Inc., Los Angeles, CA, for Consulting Services for the Advanced Metering Infrastructure (AMI) Project in an amount not to exceed $484,275. (Funding Source: Water Fund)  Resolution approving an Agreement with West Monroe, Inc., Los Angeles, CA, for Consulting Services for the Advanced Metering Infrastructure Project in the amount of $440,250, plus $44,025 in additional services, if needed, for a total amount not to exceed $484,275; 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 $535,000 to be transferred into the project from Water Fund Reserves in order to fund the Advanced Metering Infrastructure Project.

UTILITIES; Robert Davalos, 209-571-5869, [email protected] ACTION: (Wright/Alvarez; 7/0) Resolution 2022-492 approving an Agreement with West Monroe, Inc., Los Angeles, CA, for Consulting Services for the Advanced #5..
- 34 -
- 12 -
12/13/2022 5:30:00 PM
Metering Infrastructure Project in the amount of $440,250, plus $44,025 in additional services, if needed, for a total amount not to exceed $484,275; and authorizing the City Manager, or his designee, to execute the Agreement.

ACTION: (Wright/Alvarez; 7/0) Resolution 2022-493 amending the Fiscal Year 2022-23 Multi-Year Program budget in the amount of $535,000 to be transferred into the project from Water Fund Reserves in order to fund the Advanced Metering Infrastructure Project.

Consent

21. Consider approving an Agreement with Carollo Engineers, Inc., Walnut Creek, CA, for Engineering Services for the East Morris Sewer Replacement Project for a total amount not to exceed $1,980,000. (Funding Source: Wastewater Fund)  Resolution approving an Agreement with Carollo Engineers, Inc., Walnut Creek, CA, for Engineering Services for the East Morris Sewer Replacement Project in the amount of $1,800,000, plus $180,000 in additional services, if needed, for a total amount not to exceed $1,980,000; and authorizing the City Manager, or his designee, to execute the Agreement.

UTILITIES; Cristian Ciotau, 209-577-5260, [email protected] ACTION: (Wright/Alvarez; 7/0) Resolution 2022-494 approving an Agreement with Carollo Engineers, Inc., Walnut Creek, CA, for Engineering Services for the East Morris Sewer Replacement Project in the amount of $1,800,000, plus $180,000 in additional services, if needed, for a total amount not to exceed $1,980,000; and authorizing the City Manager, or his designee, to execute the Agreement.

Consent

22. Consider approving the plans and specifications for the Jennings Command Center and Hahn Liftstation Restroom Project, accepting the bid, and awarding a contract to Harris Builders Inc, of Hilmar, CA, for a total amount not to exceed $623,619. (Funding Source: Wastewater Fund)
 Resolution approving Plans and Specifications for the Jennings Command Center and Hahn Liftstation Restroom Project, accepting the bid, and approving a Construction Contract with Harris Builders Inc, of Hilmar, CA, in the amount of $542,277 plus $81,342 for contingency (if needed) for a total amount not to exceed $623,619 and authorizing the City Manager, or his designee, to execute the Agreement.
 Resolution authorizing an increase in the Director’s authority to issue Change Orders for the Jennings Command Center and Hahn Liftstation Restroom Project from 10% ($54,228) to 15% ($81,342) of the construction contract price of $542,277 with Harris Builders Inc, of Hilmar, CA.
 Resolution amending the Fiscal Year 2022-2023 Capital Improvement Program Budget in the amount of $841,619 to be transferred into the project from Wastewater Reserves to fully fund the construction, contingency, construction administration and design support during construction for the Jennings #5..
- 35 -
- 13 -
12/13/2022 5:30:00 PM
Command Center and Hahn Liftstation Restroom Project and authorizing the City Manager, or his designee, to implement the provisions of this Resolution.

UTILITIES; Cristian Ciotau, 209-577-5260, [email protected] ACTION: (Wright/Alvarez; 7/0) Resolution 2022-495 approving Plans and Specifications for the Jennings Command Center and Hahn Liftstation Restroom Project, accepting the bid, and approving a Construction Contract with Harris Builders Inc, of Hilmar, CA, in the amount of $542,277 plus $81,342 for contingency (if needed) for a total amount not to exceed $623,619 and authorizing the City Manager, or his designee, to execute the Agreement.

ACTION: (Wright/Alvarez; 7/0) Resolution 2022-496 authorizing an increase in the Director’s authority to issue Change Orders for the Jennings Command Center and Hahn Liftstation Restroom Project from 10% ($54,228) to 15% ($81,342) of the construction contract price of $542,277 with Harris Builders Inc, of Hilmar, CA.

ACTION: (Wright/Alvarez; 7/0) Resolution 2022-497 amending the Fiscal Year 2022-2023 Capital Improvement Program Budget in the amount of $841,619 to be transferred into the project from Wastewater Reserves to fully fund the construction, contingency, construction administration and design support during construction for the Jennings Command Center and Hahn Liftstation Restroom Project and authorizing the City Manager, or his designee, to implement the provisions of this Resolution.

COUNCIL COMMENTS & REPORTS
Councilmember Williams congratulated Mr. Bland, a good friend of his, whose son plays for the Dallas Cowboys representing the City of Modesto.

Councilmember Ricci spoke about the homeless situation in Modesto. He further commented about safe camping that will provide the homeless a place to go and a place to stay dry.

Homelessness is a crisis and they need to start this immediately. It’s been almost a year since they approved safe parking and they’re still trying to get that going. He further reported on the cruising ban and stated it's time that they lift this ban. He requested staff gather stats on how lifting the ban has impacted other cities in terms of TOT, taxes, and police services. He also reported that he had a good conversation with the Modesto Library this week, about the idea of expanding their library services. In other cities and around the country you can check out things from the library like tools, sewing machines, cameras, musical instruments just like a book. He thinks in a city like Modesto, expanding the library in that way, would be really helpful to people.

Councilmember Alvarez highlighted the great turnout at the Central Valley Hispanic Chamber of Commerce, second annual Christmas Festival and special gift giveaway for kids hosted at the Modesto Gospel Mission. He further acknowledged the Central Valley Hispanic Chamber of Commerce, El Concilio, the Modesto Gospel Mission and Univision for their sponsorship and service to the community. There were over 20 organizations present with free resources for Modesto families and one thousand toys. He further commented on cruising and echoes the #5..
- 36 -
- 14 -
12/13/2022 5:30:00 PM
sentiments of Councilmember Ricci on recommending that staff run a comparative analysis to find out what in fact works. He’s looking forward to continued conversations with the car community and Council colleagues on how to bring back cruising in a safe and responsible way for all families to enjoy.

Councilmember Escutia-Braaton commented that she serves as the chairperson of the Appointments Committee. She spoke about the role of the Appointments Committee. The City has over 35 citizen advisory groups and these groups span different subjects. Members to these boards, commissions and committees are appointed by the Appointments Committee. She spoke about how citizens can get involved and serve on the advisory groups. Citizens interested in serving can go to Modestogov.com to see a list of vacancies and apply. She encouraged everyone to be part of this process. She further reported that like her colleagues, she appreciates the respectful conversations and dialogue had with the cruising community. Conversations have been ongoing regarding the subject of lifting the ban. She looks forward to this conversation continuing and in the very near future, bring it on an agenda so that they can decide whether this is a good fit for Modesto at this time. In addition, she wished everyone, a very Merry Christmas, and a safe, and prosperous New Year.

Mayor Zwahlen reported that she was honored to participate last weekend at the Central West Ballet’s Nutcracker opening night as the Fairy Godmother. The City is fortunate to have a symphony and the arts, ballet, opera and many other groups, that perform and enrich the City’s culture. At the same time, she feels remiss if she did not acknowledge the pain that some people in the community are feeling at this time. She recognizes and feels it.

CITY MANAGER COMMENTS & REPORTS
None.

UNFINISHED BUSINESS

23. Consider an Ordinance establishing the City of Modesto Community Police Review Board (CPRB), approving the associated Bylaws, and approving the proposed Scope of Work to retain services for an Independent Police Auditor (IPA) through a Request for Proposal (RFP) process. (Funding Source: Not Applicable)  Motion introducing and waiving the first reading of an Ordinance adding Section 2-3.908, “Community Police Review Board,” to Chapter 3, “Administrative Departments,” of Title 2, “Administration,” of the Modesto Municipal Code to establish The City Of Modesto Community Police Review Board (CPRB).
 Resolution approving Community Police Review Board Bylaws.  Resolution approving the proposed Scope of Work for Independent Police Auditor Services.

CITY MANAGER; Allison Van Guilder, 209-577-5228, [email protected] ACTION: (Wright/Williams; 7/0) Motion introducing and waiving the first reading of an Ordinance 3753-C.S. adding Section 2-3.908, “Community Police Review #5..
- 37 -
- 15 -
12/13/2022 5:30:00 PM
Board,” to Chapter 3, “Administrative Departments,” of Title 2, “Administration,” of the Modesto Municipal Code to establish The City Of Modesto Community Police Review Board (CPRB).

ACTION: (Ricci/Alvarez; 7/0) Resolution 2022-498 approving Community Police Review Board Bylaws.

ACTION: (Williams/Bavaro; 7/0) Resolution 2022-499 approving the proposed Scope of Work for Independent Police Auditor Services.

HEARINGS
Published in the Modesto Bee on December 2, 2022.

24. Hearing to consider accepting the Capital Facilities Fees Annual Report for Fiscal Year 2021-22 and making findings related to each of the fee categories. (Funding Source:

Capital Facilities Fees)
 Resolution accepting the Capital Facilities Fees Annual Report for Fiscal Year 2021-22 and making findings related to each of the fee categories.

CED; Jessica Hill, 209-577-5321, [email protected]
ACTION: (Wright/Ecutia-Braaton; 7/0) Resolution 2022-500 accepting the Capital Facilities Fees Annual Report for Fiscal Year 2021-22 and making findings related to each of the fee categories.

Published in the Modesto Bee on December 2, 2022.

25. Hearing to consider accepting the Fiscal Year 2021-22 Annual Report of Funds Held for Future Improvements and making findings related to each security on file. (Funding Source: Developer Deposits)
 Resolution accepting the Fiscal Year 2021-22 Annual Report of Funds Held for Future Improvements and making findings related to each security on file.

CED; Jessica Hill, 209-577-5321, [email protected]
ACTION: (Williams/Zwahlen; 7/0) Resolution 2022-501 accepting the Fiscal Year 2021-22 Annual Report of Funds Held for Future Improvements and making findings related to each security on file.

MATTERS TOO LATE FOR THE AGENDA
None.

ADJOURNMENT
This meeting adjourned at 9:23 pm
#5..
- 38 -
- 16 -
12/13/2022 5:30:00 PM
Closed Session matters heard before the meeting

CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: City of Modesto, et al. v. The Dow Chemical Company, et al. (PCE) Superior Court of the State of California
Case No: CGC-98-999345 and CGC-98-999643
Attest:____________________________
Diane Nayares-Perez, City Clerk
#5..
- 39 -
- 1 - ORDINANCE NO. 3753-C.S.

EFFECTIVE DATE: February 9, 2023
ORDINANCE NO. 3753-C.S.

ORDINANCE ADDING SECTION 2-3.908, “COMMUNITY POLICE REVIEW BOARD,” TO CHAPTER 3, “ADMINISTRATIVE DEPARTMENTS,” OF TITLE 2, “ADMINISTRATION,” OF THE MODESTO MUNICIPAL CODE TO

ESTABLISH THE CITY OF MODESTO COMMUNITY POLICE REVIEW

BOARD (CPRB)
WHEREAS, the City of Modesto is seeking to establish a Community Police Review Board (CPRB) in conjunction with contracting the services of an Independent Police Auditor (IPA); and
WHEREAS, the establishment of a Community Police Review Board as a dual component of a hybrid police accountability model, is the culmination of the efforts of the Forward Together work group created on June 8, 2021 by Council Resolution No. 2021- 216; and
WHEREAS, for over a year, the work group held a series of public workshops and ad hoc meetings focused on the issue of improving police-community relations in the City of Modesto; and
WHEREAS, based on the Forward Together work group’s recommendations, staff identified the IPA and CPRB as foundational accountability components and the appropriate initial elements to implement; and
WHEREAS, in general, the role of the CPRB will follow best practices as modeled after the National Association of Civilian Oversight Boards for Law Enforcement (NACOLE) and as suited for the needs of the City of Modesto to carry out improved community relations with the Modesto Police Department; and WHEREAS, the CPRB shall be comprised of nine (9) members who reside within the city limits.
#6..
- 40 -
- 2 - ORDINANCE NO. 3753-C.S.

EFFECTIVE DATE: February 9, 2023
NOW, THEREFORE, the Council of the City of Modesto does ordain as follows:

SECTION 1 AMENDMENT
Section 2-3.908 “Community Police Review Board,” is hereby added to Chapter 3, “Administrative Departments,” of Title 2, “Administration,” of the Modesto Municipal Code to read as follows:
2-3.908 - Community Police Review Board.
(a) Establishment of Board. There is hereby established the Modesto Community Police Review Board.
(b) Membership. The Board shall consist of nine (9) members appointed by the City Council. The City Council shall determine the qualifications of members and the procedure for selection of members by resolution.
(c) Duties. The duties of the Community Police Review Board shall be established by the City Council by resolution.

SECTION 2. SEVERABILITY
If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. This City Council declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the Ordinance be enforced.

SECTION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT.

The proposed Ordinance is exempt from CEQA under the general rule in CEQA #6..
- 41 -
- 3 - ORDINANCE NO. 3753-C.S.

EFFECTIVE DATE: February 9, 2023
Guidelines section 15061(b)(3), that CEQA only applies to projects that have the potential for causing a significant effect on the environment.

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

SECTION 5. PUBLICATION
At least two (2) days prior to its final adoption, copies of this Ordinance shall be posted in at least three (3) prominent and distinct locations in the City; and a notice shall be published once in The Modesto Bee, the official newspaper of the City of Modesto, setting forth the title of this ordinance, the date of its introduction and the places where this Ordinance is posted.
#6..
- 42 -
- 4 - ORDINANCE NO. 3753-C.S.

EFFECTIVE DATE: February 9, 2023
The foregoing Ordinance was introduced at a regular meeting of the Council of the City of Modesto held on the 13th day of December, 2022, by Councilmember Wright, who moved its introduction and passage to print which motion being duly seconded by Councilmember Williams , was upon roll call carried and ordered printed and published by the following vote:

AYES: Councilmembers: Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED: _______________________
SUE ZWAHLEN, Mayor
ATTEST:

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

By: ________________________________
JOSE M. SANCHEZ, City Attorney
#6..
- 43 -
- 5 - ORDINANCE NO. 3753-C.S.

EFFECTIVE DATE: February 9, 2023

FINAL ADOPTION CLAUSE
The foregoing ordinance, having been published as required by the Charter of the City of Modesto, and coming on for final consideration at the regular meeting of the Council of the City of Modesto held on the 10th day of January, 2023, Councilmember ? moved its final adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the ordinance adopted by the following vote:

AYES: Councilmembers: Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams Wright, Mayor Zwahlen
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED:_________________________
SUE ZWAHLEN, Mayor
ATTEST: _____________________________
DIANE NAYARES-PEREZ, City Clerk
Effective Date: February 9, 2023
5247586.1
#6..
- 44 -

CITY OF MODESTO
ORDINANCE NO. 3753-C.S.

The following Ordinance was introduced by the City Council of the City of Modesto at the meeting of December 13, 2022:

ORDINANCE ADDING SECTION 2-3.908, “COMMUNITY POLICE REVIEW BOARD,” TO CHAPTER 3, “ADMINISTRATIVE DEPARTMENTS,” OF TITLE 2, “ADMINISTRATION,” OF THE MODESTO MUNICIPAL CODE TO ESTABLISH THE

CITY OF MODESTO COMMUNITY POLICE REVIEW BOARD (CPRB)
Copies of the above-mentioned ordinance are posted at the following locations:
 Tenth Street Place, 1010 10th Street
 Maddux Youth Center, 615 Sierra Drive
 Senior Citizen Center, 211 Bodem Street
Diane Nayares-Perez
City Clerk
#6..
- 45 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

January 10, 2023
Date: December 28, 2022
TO: Mayor & City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jose M. Sanchez, City Attorney
CONTACT: Jose M. Sanchez, City Attorney, 209-577-5284, [email protected] DESCRIPTION:

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

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

BACKGROUND:

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

All meetings of the City Council and the City’s other legislative bodies are open and public, as required by the Ralph M. Brown Act, Government Code section 54950 et seq., so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business. On March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means in order to slow the spread of COVID-19. As a result of Executive Order N-29-20, staff set up virtual meetings for all City Council meetings and other City legislative bodies. On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which, effective September 30, 2021, ended the provisions of Executive Order N-29-20 that allowed local legislative bodies to conduct meetings telephonically or by other means.
#7..
- 46 -
City Council, January 10, 2023
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. State of California health officials recommend community members to wear a mask when they might be around unvaccinated people, especially in any indoor public place; along with other recommendations that promote social distancing in indoor spaces. These measures can be found here: https://covid19.ca.gov/holidays/.

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

FISCAL IMPACT:

There is no cost associated with this item.

COMMITTEE RECOMMENDATION:

This agenda item was not presented to a Council Committee.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution continuing to authorize remote teleconference meetings of the City of Modesto pursuant to Assembly Bill 361.
1 Assembly Bill No. 361 - An act to add and repeal Section 89305.6 of the Education Code, and to amend, repeal, and add Section 54953 of, and to add and repeal Section 11133 of, the Government Code, relating to open meetings, and declaring the urgency thereof, to take effect immediately. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB361 #7..
- 47 -
City Council, January 10, 2023
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
#7..
- 48 -
1/10/2023/CAO/JSanchez/Item 1 2023-

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-

RESOLUTION CONTINUING TO AUTHORIZE REMOTE

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

Brown Act (Cal. Gov. Code 54950 – 54963), so that any member of the public may attend, participate, and watch the City conduct their business; and WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for a broader spread of the novel coronavirus disease 2019 (“COVID-19”); and WHEREAS, on March 19, 2020, the City Council adopted Resolution Number 2020-140, ratifying the proclamation of a local emergency by the Director of Emergency Services due to COVID-19; and
WHEREAS, on March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means; and
WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08- 21, which, effective September 30, 2021, repealed the provisions of Executive Order N29-20 that allowed local legislative bodies to conduct meetings telephonically or by other means; and
#7..
- 49 -
1/10/2023/CAO/JSanchez/Item 2 2023-
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 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
#7..
- 50 -
1/10/2023/CAO/JSanchez/Item 3 2023-
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, State of California health officials recommend masks to be worn when individuals might be around unvaccinated people, especially while indoors; 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.

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. #7..
- 51 -
1/10/2023/CAO/JSanchez/Item 4 2023-
Section 3. Continued Social Distancing Measures by State and Local Officials.

The City Council finds that the State of California 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 at a regular meeting of the Council of the City of Modesto held on the 10th day of January, 2023, by Councilmember____, who moved its adoption, which motion being duly seconded by______, 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
#7..
- 52 -
Assembly Bill No. 361
CHAPTER 165
An act to add and repeal Section 89305.6 of the Education Code, and to amend, repeal, and add Section 54953 of, and to add and repeal Section 11133 of, the Government Code, relating to open meetings, and declaring the urgency thereof, to take effect immediately.
[Approved by Governor September 16, 2021. Filed with
Secretary of State September 16, 2021.]
legislative counsel’s digest
AB 361, Robert Rivas. Open meetings: state and local agencies:
teleconferences.
(1)  Existing law, the Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. The act contains specified provisions regarding the timelines for posting an agenda and providing for the ability of the public to directly address the legislative body on any item of interest to the public.

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

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

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

92 #7..
- 53 -
resolving requests for reasonable accommodation for individuals with disabilities, as specified.

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

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

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

Existing law prohibits a legislative body from requiring, as a condition to attend a meeting, a person to register the person’s name, or to provide other information, or to fulfill any condition precedent to the person’s attendance.
92 Ch. 165 — 2 —
#7..
- 54 -
This bill would exclude from that prohibition, a registration requirement imposed by a third-party internet website or other online platform not under the control of the legislative body.
(2)  Existing law, the Bagley-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend any meeting of a state body. The act requires at least one member of the state body to be physically present at the location specified in the notice of the meeting.

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

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

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

This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility requirements, a legislative body, as defined for purposes of the act, to hold public meetings through teleconferencing and 92 — 3 — Ch. 165
#7..
- 55 -
to make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body. With respect to a legislative body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the legislative body at each teleconference location.

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

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

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

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

SECTION 1. Section 89305.6 is added to the Education Code, to read:
89305.6. (a)  Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions (d) and (e), a legislative body may hold public meetings through teleconferencing 92 Ch. 165 — 4 —
#7..
- 56 -
and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body.
(b)  (1)  For a legislative body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the legislative body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended.
(2)  For a legislative body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended:
(A)  Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice and agenda of the public meeting or proceeding.
(B)  Each teleconference location be accessible to the public. (C)  Members of the public may address the legislative body at each teleconference conference location.
(D)  Post agendas at all teleconference locations.
(E)  At least one member of the legislative body be physically present at the location specified in the notice of the meeting.
(c)  A legislative body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions (d) and (e), shall have satisfied any requirement that the legislative body allow members of the public to attend the meeting and offer public comment. A legislative body need not make available any physical location from which members of the public may observe the meeting and offer public comment.
(d)  If a legislative body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the legislative body shall also do both of the following:
(1)  Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility.
(2)  Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision (e).
(e)  Except to the extent this section provides otherwise, each legislative body that holds a meeting through teleconferencing pursuant to this section shall do both of the following:
(1)  Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable.
92 — 5 — Ch. 165
#7..
- 57 -
(2)  In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a legislative body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication available at the time. Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the legislative body’s internet website.
(f)  All legislative bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to legislative body meetings.
(g)  This section shall remain in effect only until January 31, 2022, and as of that date is repealed.

SEC. 2. Section 11133 is added to the Government Code, to read:
11133. (a)  Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions (d) and (e), a state body may hold public meetings through teleconferencing and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body.
(b)  (1)  For a state body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the state body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended.
(2)  For a state body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended:
(A)  Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice and agenda of the public meeting or proceeding.
(B)  Each teleconference location be accessible to the public. (C)  Members of the public may address the state body at each teleconference conference location.
(D)  Post agendas at all teleconference locations.
(E)  At least one member of the state body be physically present at the location specified in the notice of the meeting.
(c)  A state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically 92 Ch. 165 — 6 —
#7..
- 58 -
or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions (d) and (e), shall have satisfied any requirement that the state body allow members of the public to attend the meeting and offer public comment. A state body need not make available any physical location from which members of the public may observe the meeting and offer public comment.
(d)  If a state body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the state body shall also do both of the following:
(1)  Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility.
(2)  Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision (e).
(e)  Except to the extent this section provides otherwise, each state body that holds a meeting through teleconferencing pursuant to this section shall do both of the following:
(1)  Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable.
(2)  In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a state body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication available at the time. Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the state body’s internet website.
(f)  All state bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to state body meetings.
(g)  This section shall remain in effect only until January 31, 2022, and as of that date is repealed.

SEC. 3. Section 54953 of the Government Code is amended to read:
92 — 7 — Ch. 165
#7..
- 59 -
54953. (a)  All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.
(b)  (1)  Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2)  Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3)  If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4)  For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.

Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations.
(c)  (1)  No legislative body shall take action by secret ballot, whether preliminary or final.
(2)  The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3)  Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
92 Ch. 165 — 8 —
#7..
- 60 -
(d)  (1)  Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2)  Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3)  For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter

2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e)  (1)  A local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances:
(A)  The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing.
(B)  The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(C)  The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(2)  A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A)  The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.
(B)  The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3. 92 — 9 — Ch. 165
#7..
- 61 -
In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(C)  The legislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency. (D)  In the event of a disruption which prevents the public agency from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments using the call-in option or internet-based service option, the body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(E)  The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time.

This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (F)  Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate. (G)  (i)  A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (F), to provide public comment until that timed public comment period has elapsed.
(ii)  A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (F), or otherwise be recognized for the purpose of providing public comment. (iii)  A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (F), until the timed general public comment period has elapsed. 92 Ch. 165 — 10 —
#7..
- 62 -
(3)  If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote:
(A)  The legislative body has reconsidered the circumstances of the state of emergency.
(B)  Any of the following circumstances exist:
(i)  The state of emergency continues to directly impact the ability of the members to meet safely in person.
(ii)  State or local officials continue to impose or recommend measures to promote social distancing.
(4)  For the purposes of this subdivision, “state of emergency” means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2).
(f)  This section shall remain in effect only until January 1, 2024, and as of that date is repealed.

SEC. 3.1. Section 54953 of the Government Code is amended to read:
54953. (a)  All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency in person, except as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination obligations.
(b)  (1)  Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2)  Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3)  If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body 92 — 11 — Ch. 165
#7..
- 63 -
shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4)  For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.

Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations.
(c)  (1)  No legislative body shall take action by secret ballot, whether preliminary or final.
(2)  The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3)  Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d)  (1)  Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2)  Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3)  For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 92 Ch. 165 — 12 —
#7..
- 64 -

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
#7..
- 65 -
the public to address the legislative body and offer comment in real time.

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

SEC. 4. Section 54953 is added to the Government Code, to read:
54953. (a)  All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting 92 Ch. 165 — 14 —
#7..
- 66 -
of the legislative body of a local agency, except as otherwise provided in this chapter.
(b)  (1)  Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2)  Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3)  If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4)  For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.

Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations
(c)  (1)  No legislative body shall take action by secret ballot, whether preliminary or final.
(2)  The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3)  Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d)  (1)  Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, 92 — 15 — Ch. 165
#7..
- 67 -
members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2)  Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3)  For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter

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

SEC. 4.1. Section 54953 is added to the Government Code, to read:
54953. (a)  All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, in person except as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination obligations.
(b)  (1)  Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2)  Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3)  If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the 92 Ch. 165 — 16 —
#7..
- 68 -
legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4)  For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.

Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations.
(c)  (1)  No legislative body shall take action by secret ballot, whether preliminary or final.
(2)  The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3)  Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d)  (1)  Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2)  Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3)  For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint 92 — 17 — Ch. 165
#7..
- 69 -
powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter

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

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

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

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

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

SEC. 8. (a)  The Legislature finds and declares that during the COVID-19 public health emergency, certain requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) were suspended by Executive Order N-29-20. Audio and video teleconference were widely used to conduct public meetings in lieu of physical location meetings, and public meetings conducted by teleconference during the COVID-19 public health emergency have been productive, have increased public participation by all members of the public regardless of their location in the state and ability to travel to physical meeting locations, have protected the health and safety of civil servants and the public, and have reduced travel costs incurred by members of state bodies and reduced work hours spent traveling to and from meetings.
92 Ch. 165 — 18 —
#7..
- 70 -
(b)  The Legislature finds and declares that Section 1 of this act, which adds and repeals Section 89305.6 of the Education Code, Section 2 of this act, which adds and repeals Section 11133 of the Government Code, and Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, all increase and potentially limit the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
(1)  By removing the requirement that public meetings be conducted at a primary physical location with a quorum of members present, this act protects the health and safety of civil servants and the public and does not preference the experience of members of the public who might be able to attend a meeting in a physical location over members of the public who cannot travel or attend that meeting in a physical location. (2)  By removing the requirement for agendas to be placed at the location of each public official participating in a public meeting remotely, including from the member’s private home or hotel room, this act protects the personal, private information of public officials and their families while preserving the public’s right to access information concerning the conduct of the people’s business.

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

The facts constituting the necessity are:

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

O
92 — 19 — Ch. 165
#7..
- 71 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

January 10, 2023
Date: January 3, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
SUBJECT: Second Amendment to the Legal Services Agreement with Meyers Nave CONTACT: Joseph P. Lopez, City Manager, [email protected] 209-577-5223 DESCRIPTION:

Consider approving a Second Amendment to the Legal Services Agreement with Meyers Nave to add specialty legal services rates. (Funding: Various Fund) STRATEGIC PLAN ELEMENT:

This item supports the City’s 2020-2025 Strategic Plan Goals to build a high-performance organization and improve community safety.

BACKGROUND:

Meyers Nave is a leading law firm specializing in representing cities and other government agencies. Meyers Nave has successfully served the City of Modesto as City Attorney and Special Counsel on a wide variety of critical City projects since the Fall of 2013.

On May 13, 2014, by Resolution No. 2014-186, Council approved a Legal Services Agreement with Meyers Nave, a professional law firm, to provide City Attorney services for the City, and appointed Adam U. Lindgren as City Attorney.

On February 4, 2020, City Council reported out of Closed Session the Appointment of Jose M. Sanchez, as Acting City Attorney during City Attorney Lindgren’s medical leave of absence. On June 2, 2020, City Council reported out of Closed Session that City Attorney Adam U. Lindgren, was doing well in his recovery, would not be returning to the City from his medical leave of absence, and that the Council had selected Jose M. Sanchez as the new City Attorney.

On June 9, 2020, by Resolution No. 2020-250, Council approved a First Amendment to the Legal Services Agreement with Meyers Nave, appointing Jose M.

Sanchez as City Attorney, effective June 2, 2020.
#8..
- 72 -
City Council, January 10, 2023
Second Amendment to the Legal Services Agreement with Meyers Nave

DISCUSSION:

The current legal services agreement with Meyers Nave established rates for City Attorney Services, serving as a Charter Officer and Department Head in the administrative and managerial affairs of the City.

As complex specialty matters arise, it is critical that the City is able to designate qualified specialists to handle such matters. Market specialty rates will facilitate the City to have access to top specialists. Meyers Nave desires to amend the Agreement to include specialty rates for unique projects involving areas of law such as labor and employment, land use, environmental, water law, First Amendment issues, eminent domain, construction, housing, and litigation. This proposed amendment will allow the City access to the top specialist in the above areas, establishes rates for those special counsel services, and updates the attorney listed as Assistant City Attorney to Alex Mog.

It is important to note that this amendment will not change the rates currently charged for general City Attorney services provided by Meyers Nave, and only applies to those circumstances where specialized legal services are required as determined and approved by the City Manager.

FISCAL IMPACT:

Costs associated with this amendment will be paid by the department requiring special counsel for specialty matters. Depending on the subject matter, services can be paid from the City Attorney’s budget or the given department’s budget. The overall budget for the City Attorney’s office will be set by City Council for the fiscal year’s budget, and the City Attorney will manage the office and services pursuant to that budget. The amendment will not change rates for general City Attorney Services. Proposed specialty rates are as follows:

Principal $415 - $560 per hour
Of Counsel $375 - $490 per hour
Associate $315 - $415 per hour
Paralegal $210 - $240 per hour
The particular specialty rates charged within the above ranges will depend on the experience of the attorney and the subject specialty matter.

COMMITTEE RECOMMENDATION:

This item was not presented to a Council Committee.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving a Second Amendment to the Legal Services Agreement with Meyers Nave to add specialty legal services rates and authorizing the City Manager, or his designee, to execute the Amendment.

Approved by:

Joseph P. Lopez, City Manager
#8..
- 73 -
City Council, January 10, 2023
Second Amendment to the Legal Services Agreement with Meyers Nave

Attachments:

1. Resolution

2. Second Amendment to Meyers Nave Legal Services Agreement #8..
- 74 -

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-XX

RESOLUTION APPROVING A SECOND AMENDMENT TO THE LEGAL

SERVICES AGREEMENT WITH MEYERS NAVE TO ADD SPECIALTY

LEGAL SERVICES RATES AND AUTHORIZING THE CITY MANAGER, OR

HIS DESIGNEE, TO EXECUTE THE AMENDMENT
WHEREAS, Meyers Nave has successfully served the City of Modesto as City Attorney and Special Counsel on a wide variety of critical City projects since the Fall of 2013; and
WHEREAS, on May 13, 2014, by Resolution No. 2014-186, Council approved a Legal Services Agreement with Meyers Nave, a professional law firm, to provide City Attorney services for the City, and appointed Adam U. Lindgren as City Attorney; and WHEREAS, on February 4, 2020, City Council reported out of Closed Session the Appointment of Jose M. Sanchez, as Acting City Attorney during City Attorney Lindgren’s medical leave of absence; and
WHEREAS, by Resolution No. 2020-250, Council approved a First Amendment to the Legal Services Agreement with Meyers Nave, appointing Jose M. Sanchez as City Attorney, effective June 2, 2020; and
WHEREAS, as complex specialty matters arise, it is critical that the City is able to designate qualified specialists to handle such matters; and WHEREAS, Meyers Nave desires to amend the Agreement to include specialty rates for unique projects involving areas of law such as labor and employment, land use, environmental, water law, First Amendment issues, eminent domain, construction, housing, and litigation; and
WHEREAS, this proposed amendment will allow the City access to the top specialist in the above areas, establishes rates for those special counsel services, and updates the attorney listed as Assistant City Attorney to Alex Mog.

#8..
- 75 -
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves a Second Amendment to the Legal Services Agreement with Meyers Nave to add specialty legal services rates.

BE IT FURTHER RESOLVED, that the City Manager or his designee, are hereby authorized to execute the amendment.

The foregoing resolution was introduced in a regular meeting of the Council of the City of Modesto held on the 10th day of January 2023, 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
#8..
- 76 -

SECOND AMENDMENT TO LEGAL SERVICES AGREEMENT
This Second Amendment to the Legal Services (this “Second Amendment”), is made and entered into on 10th day of January 2023 (“Effective Date”), by and between the CITY OF MODESTO, a California Municipal Corporation (“City”), and MEYERS NAVE (“Attorney”), located at 555 Capitol Mall, Suite 1200, Sacramento, California 95814. City and Attorney are hereinafter collectively referred to as the “Parties,” and singularly as “Party.”

RECITALS
WHEREAS, City and Attorney entered into a Legal Services Agreement (“Agreement”) to provide services as City Attorney, Assistant City Attorney, and Special Counsel; and WHEREAS, Attorney is specially trained, experienced, and competent to perform such services; and
WHEREAS, as complex specialty matters arise, it is critical that Attorney is able to designate qualified specialists to handle such matters. Market specialty rates will facilitate the City to have access to top specialists; and
WHEREAS, City and Attorney desire to amend the Agreement to include specialty rates for unique projects involving areas of law such as labor and employment, land use, environmental, water law, First Amendment issues, eminent domain, construction, housing, and litigation; and
WHEREAS, this Agreement will allow Attorney, for special and emergent circumstances that may arise, to acquire a top specialist to assist the City in handling the matter; and
WHEREAS, City and Attorney also desire to amend the Agreement to update the attorney listed as Chief Assistant City Attorney.

NOW, THEREFORE, it is hereby agreed that the Legal Services Agreement between the City of Modesto and Meyers Nave dated May 13, 2014, including the First Amendment to the Agreement dated June 9, 2020, is amended as follows:

1. The second paragraph of Section 1(a), “Scope of Work,” is amended to read as follows, changing the designated Assistant City Attorney to Alex Mog:
“Jose M. Sanchez is employed by Attorney and will serve as City Attorney. Alex Mog is employed by Attorney and will serve as Assistant City Attorney. Other attorneys employed by Attorney will serve as Special Counsel.” #8..
- 77 -

2. Section 2(a), “Hourly Rates,” is amended to include the following Specialty Hourly Rates to cover work performed for Specialty Matters:
“Specialty Hourly Rates:

Principal $415 - $560 per hour
Of Counsel $375 - $490 per hour
Associate $315 - $415 per hour
Paralegal $210 - $240 per hour
The particular specialty rates charged within the above ranges will depend on the experience of the attorney and the subject specialty matter. Specialty rates will be charged for project matters involving labor and employment, land use, environmental matters, water law, First Amendment issues, eminent domain, construction, housing, crisis management and litigation. Specialty matters and rates will be approved by the City Manager.

All of the foregoing rates shall automatically be adjusted effective June 1 of each year to reflect the percentage change in the Urban Wage Earners and Clerical Workers for San Francisco Consumer Price Index between February of the preceding year and February of the then current year, provided, however, that the reported change in each category shall be rounded up or down to the nearest $5 per hour.

As City Attorney, Attorney will work closely with the City Manager to endeavor to manage the City’s total legal costs to City approved budgets, including fees and costs paid to Attorney.”

3. Entire Agreement. The Parties to this Second Amendment understand and agree that except as stated herein, all terms and conditions of the original Agreement, dated May 13, 2014, and the First Amendment, dated June 9, 2020, remain in full force and effect to the extent they are not in conflict with this Second Amendment. This document, including all exhibits, contains the entire amendment to the Agreement between the Parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Second Amendment. No alteration to the terms of this Second Amendment shall be valid unless approved in writing by Attorney and by City, in accordance with the applicable provision of the Modesto City Code.

4. Authority. The person signing this Second Amendment for Attorney hereby represents and warrants that he/she is fully authorized to sign this Second Amendment on behalf of Attorney and to bind Attorney to the performance of its obligations hereunder. #8..
- 78 -

IN WITNESS WHEREOF, the Parties have executed this Second Amendment as of the dates stated below.

CITY OF MODESTO,
A Municipal Corporation
By:

Print name: Joseph P. Lopez
Title: City Manager
ATTEST:
____________________________________
Diane Nayares-Perez, City Clerk
_____________________________________
Joe Rodriguez, Risk Manager
[Signatures Continued on Next Page]
#8..
- 79 -

ATTORNEY:

MEYERS NAVE
______________________________________
Federal I.D. No.
______________________________________
State I.D. No.
______________________________________
City of Modesto Business Op. Tax Cert. No.

TYPE OF BUSINESS ENTITY (check one):
_____ Individual/Sole Proprietor
_____ Partnership
_____ Corporation
_____ Limited Liability Company
_____ Other (please specify: ______________)
______________________________________
Signature of Authorized Person
______________________________________
Title
______________________________________
Additional Signature (if required)
______________________________________
Title
5242997.4
#8..
- 80 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

January 10, 2023
Date: December 15, 2022
TO: Mayor and City Council
FROM: Joseph P. Lopez, City Manager
SUBJECT: Monthly Budget Adjustment Report – December 2022 CONTACT: Steve Christensen, Budget Manager, [email protected] 209-577-5390
DESCRIPTION:

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

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

BACKGROUND:

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

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

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

DISCUSSION:

The monthly budget adjustments attached as Exhibit A in this item include adjustments across various departments. These adjustments are explained in further detail within Exhibit A. #9..
- 81 -
City Council, January 10, 2023
Monthly Budget Adjustment Report – December 2022

FISCAL IMPACT:

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

COMMITTEE RECOMMENDATION:

This item was presented to the Finance Committee on December 14, 2022 and was recommended to be forwarded to Council for approval. It must be noted that since the recommendation of the Finance Committee, two items have been added to Exhibit A. Both are due to timing with one being related to the claim payment for the Dryden Course Clubhouse and the other for a cleanup item related to a housing grant application. The additional items are listed below and have been added under the Parks, Recreation and Neighborhoods and Community and Economic Development sections in Exhibit A.  A budget adjustment in the amount of $300,000 is necessary in the Golf Fund (4600) to increase the budget for project 101294 – Dryden Course Clubhouse Renovation to recognize additional revenue received from the insurance provider and allocate to the project discretionary expenditure budget. Due to the urgent need to pay outstanding invoices on the project, a budget adjustment in the amount of $50,000 was completed on the City Manager authority. This adjustment will increase the budget by an additional $250,000 for a total of $300,000.
 A budget adjustment is necessary for project 101411 – 1208 9th St CHS Youth Housing to increase the total project amount by $177,753 as part of an increased allocated grant amount from the Housing and Community Development Division of the State of California. After the original application was submitted by the City, the State allocated additional funds for the HomeKey 2.0 Grant of Property Acquisition and Rehabilitation which were used to convert commercial property into 14 permanent supportive housing units for youth. The final disbursement of the Homekey 2.0 grant allocate $3,796,555 for property acquisition and $176,798 for operating subsidies, for a total HomeKey 2.0 Grant of $3,973,353.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

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

Approved by:

Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Exhibit A – Budget Adjustments Requiring Council Approval

3. Exhibit B - Staff Approved Budget Adjustments
#9..
- 82 -
1 MODESTO CITY COUNCIL
RESOLUTION NO. 2023-
RESOLUTION AMENDING THE FISCAL YEAR 2022-23 ANNUAL

OPERATING AND CAPITAL IMPROVEMENT FUND BUDGETS AND

AUTHORIZING THE CITY MANAGER, TO TAKE THE NECESSARY

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

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

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

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 10th day of January 2023, by Councilmember _________, who moved its adoption, which motion being duly seconded by Councilmember ______, was upon roll call carried and the resolution adopted by the following votes:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: ________________________________

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

BY: _____________________________________
JOSE M. SANCHEZ, City Attorney
#9..
- 83 -
City Council, January 10, 2023
Monthly Budget Adjustment Report

EXHIBIT A
FISCAL YEAR 2022-23

COMMUNITY AND ECONOMIC DEVELOPMENT
 A budget adjustment in the amount of $100,000 is necessary in the Capital Grants – CIP Projects Fund (3140) to recognize revenue and establish the expense budget for the California Automated Permit Processing (CalAPP) Program grant from the California Energy Commission. The funding will be used to implement an online, automated permitting platform that assists in verifying code compliance and issuing permits in real time for solar energy systems.
 A budget adjustment in the amount of $225,000 is needed to account for the Homeowner Rehabilitation Loans that are being converted to Grants in the Revolving Loan Fund (1155). This program is designed to eliminate health and safety hazards in residential properties for qualifying low-income households, and each loan has met the affordability covenant. The Homeowner Rehabilitation Program is funded through the Community Block Grant Revolving Loan Fund.
 A budget adjustment is necessary for project 101411 – 1208 9th St CHS Youth Housing to increase the total project amount by $177,753 as part of an increased allocated grant amount from the Housing and Community Development Division of the State of California. After the original application was submitted by the City, the State allocated additional funds for the HomeKey 2.0 Grant of Property Acquisition and Rehabilitation which were used to convert commercial property into 14 permanent supportive housing units for youth. The final disbursement of the Homekey 2.0 grant allocate $3,796,555 for property acquisition and $176,798 for operating subsidies, for a total HomeKey 2.0 Grant of $3,973,353.

FINANCE DEPARTMENT
 A budget adjustment of $70,396 is necessary to modify Direct Charge Agreement (DCA) FIN-STO-01. 40% of a Senior Buyer will be allocated to Jefferson Stores. 50% of the Assistant Buyer time, after removing 350 hours for DCA FIN-PUR-03, will be allocated to Jefferson Stores. 60% of the Stores Supervisor will be allocated to Jefferson Stores.  A budget adjustment of $32,171 is necessary to modify Direct Charge Agreement FINPUR-09. Supervisory support for oversight of Litt Stores will use an estimated 7.5% of the Purchasing Manager position.
 A budget adjustment of $10,137 is necessary to establish Direct Charge Agreement FINPUR-15. Supervisory support for oversight of Jefferson Stores will use an estimated

7.5% of the Purchasing Manager position.
 A budget adjustment of $14,270 is necessary to modify Direct Charge Agreement FINPUR-03. The Assistant Buyer and Senior Buyer are housed in a difference cost center and this adjustment will remove them from the agreement. #9..
- 84 -
City Council, January 10, 2023
Monthly Budget Adjustment Report

 A budget adjustment of $14,270 is necessary to establish Direct Charge Agreement FINPUR-16. The Assistant Buyer and Senior Buyer will provide review of the Construction Contracts for the Construction Administration to ensure all of the required approvals and procurement procedures are followed. Post PlanetBid items including bids and amendments. Handle all change orders that get posted into Oracle, and manage each encumbrance process for review and approval.

INFORMATION TECHNOLOGY
 A budget adjustment in the amount of $55,000 is needed in the Public Educational Government (PEG) Fund 1321 for the second-floor upgrades related to broadcasting for public meetings. The increase in the budget will be covered by the current Fund 1321 reserves.

PARKS, RECREATION AND NEIGHBORHOODS
 A budget adjustment in the amount of $1,692,931 is necessary in the JPA TRRP Special Revenue Fund – CIP (6710) to recognize the revenue related to the American Legion Hall insurance claim and increase expenses in Project 101425 – American Legion Fire Remediation to pay for outstanding expenses. As additional projects are identified, a portion of the revenue will be moved to those projects. Due to the urgent need to pay for invoices related to clean-up, a budget adjustment in the amount of $50,000 was completed on the City Manager’s authority. This adjustment will increase the budget by an additional $1,642,931 for a total of $1,692,931.
 A budget adjustment in the amount of $300,000 is necessary in the Golf Fund (4600) to increase the budget for project 101294 – Dryden Course Clubhouse Renovation to recognize additional revenue received from the insurance provider and allocate to the project discretionary expenditure budget. Due to the urgent need to pay outstanding invoices on the project, a budget adjustment in the amount of $50,000 was completed on the City Manager authority. This adjustment will increase the budget by an additional $250,000 for a total of $300,000.

PUBLIC WORKS
 The following adjustments are being made from the various city Fleet Replacement subfunds to the Fleet Replacement Fund (5409). This action is being done to reimburse the Fleet Replacement Fund (5409) for vehicle purchases that had been made as required by fund accounting rules in FY 22-23 for the activity through September 2022. Below is a table showing the net effect in each sub-fund as a result of the various adjustments.

Fund Fund Name Net Impact
of
Adjustments
4109 Water Fleet Replacement Fund $125,692
4899 Solid Waste Fleet Replacement $121,435
Total Transfer Outs $247,127
5409 Transfer In – Fleet Management Fleet Replacement $247,127 Total Transfer Ins $247,127
#9..
- 85 -
City Council, January 10, 2023
Monthly Budget Adjustment Report

A budget adjustment is necessary to establish a transfer in the amount of $125,692 from the Water Fleet Replacement Fund to Fleet Replacement Fund for purchase of (2) ¾ Ton Extended Cab Utility Trucks.

A budget adjustment is necessary to establish a transfer in the amount of $121,435 from the Solid Waste Fleet Replacement Fund to Fleet Replacement Fund for purchase of (1) loader claw.

UTILITIES
 A budget adjustment in the amount of $1,670,000 is necessary in the Water CIP Fund (4180) to create and establish the expense budget for the Bret Harte Strengthen & Replace Water Mains Project (101450). This project will improve system reliability and upgrade existing infrastructure to meet City Standard Specifications.  A budget adjustment in the amount of $145,042 is necessary in the Wastewater Fund (4210) to increase the expense budget for the Roosevelt Park Cross Connection Project (100793) to cover expenses associated with staff time and consultant services. #9..
- 86 -
Department Director/Budget Manager/City Manager Approved Budget Adjustments EXHIBIT B For FY2022/23
AT #
Approv
ed by
CM,
BM or
DD Fund Fund Name Cost Ctr/Project Name Account Name
Rev/E
xp/TI/
TO
Accou
nt Current Budget
Increase
(Decrease)
Revised
Budget Description
AT-061 DD 0100 General Fund 14410 - CED - Planning Budget Only - Salary Adjustment - Decrease Exp $ - (76,365) $ $ (76,365)
AT-061 DD 0100 General Fund 14410 - CED - Planning Budget Only - Benefit Adjustment - Decrease Exp $ - (32,728) $ $ (32,728)
AT-061 DD 0100 General Fund 14410 - CED - Planning Professional Services Exp $ - 109,093 $ $ 109,093 AT-065 DD 0100 General Fund 14220 - CED - Neighborhood
Preservation
Budget Only - Salary Adjustment
- Decrease Exp $ - (34,999) $ $ (34,999)
AT-065 DD 0100 General Fund 14220 - CED - Neighborhood
Preservation
Budget Only - Benefit
Adjustment - Decrease Exp $ - (15,000) $ $ (15,000)
AT-065 DD 0100 General Fund 14220 - CED - Neighborhood
Preservation Professional Services Exp $ - 49,999 $ $ 49,999 AT-067 DD 0100 General Fund 14210 - CED - Building Safety Budget Only - Salary Adjustment - Decrease Exp $ - (9,835) $ $ (9,835)
AT-067 DD 0100 General Fund 14210 - CED - Building Safety Budget Only - Benefit Adjustment - Decrease Exp $ - (4,215) $ $ (4,215)
AT-067 DD 0100 General Fund 70100 - Transfer Out - General Fund Transfer Out from Fund 0100 TO $ - 14,050 $ $ 14,050 AT-069 BM 0100 General Fund 18610 - MFD - Facilities & Fleet Transfer to Fund 0180 TO $ 93,580 11,180 $ $ 104,760 AT-069 BM 0100 General Fund 18610 - MFD - Facilities & Fleet Repair and Maintenance Services - Real Prop Exp $ 209,221 (11,180) $ $ 198,041 Total Changes for Fund 0100 $ 302,801 $ - $ 302,801
AT-069 BM 0180 Fire Dept Unrestricted Non-Cap 101234 - MFD - Fire Station 5 Remodel Transfer from fund 0100 TI $ 93,580 11,180 $ $ 104,760 AT-069 BM 0180 Fire Dept Unrestricted Non-Cap 101234 - MFD - Fire Station 5 Remodel
Appr C - Repair and
Maintenance Real Property Exp $ 207,080 11,180 $ $ 218,260 Total Changes for Fund 0180 $ 300,660 $ 22,360 $ 323,020 AT-046 BM 1130 CDBG Direct Program Grants 14010 - Housing Urban Develop (HUD) Funds 54500- Services City Forces Exp $ (9,000) 9,000 $ $ - A budget adjustment is needed to correct the budget for 1130-14020-54500, bringing the balance of the account to $0.

AT-053 CM 1130 CDBG Direct Program Grants 71130 - Transfer Out 73170 - Transfer Out to 3170 TO $ 150,000 49,500 $ $ 199,500 A budget adjustment is needed to cleanup the transfers currently budgeted in order to match the budgeted expenses. The transfer budget was mistakenly not included on prior budget adjustments.

AT-056 BM 1130 CDBG Direct Program Grants 101446 - CDBG DST 2023-2025 54500 - Svcs City Forces Exp $ - 20,000 $ $ 20,000 AT-056 BM 1130 CDBG Direct Program Grants 101446 - CDBG DST 2023-2025 42030 - Federal Revenue Rev $ - 20,000 $ $ 20,000 AT-062 BM 1130 CDBG Direct Program Grants CDBG Direct Program Grants Business Expenses Exp $ (500) 500 $ $ - AT-062 BM 1130 CDBG Direct Program Grants CDBG Direct Program Grants 54500 - Svcs City Forces Exp $ (1,570) 1,570 $ $ - AT-068 CM 1130 CDBG Direct Program Grants 101256 - CDBG CARES Act AUC - Direct Grants Exp $ 10,473 (473) $ $ 10,000 AT-068 CM 1130 CDBG Direct Program Grants 101257 - CDBG CARES Act Task 1438 STANCO Respi9te Exp $ 450,000 (5,103) $ $ 444,897 AT-068 CM 1130 CDBG Direct Program Grants 101257 - CDBG CARES Act Task 1439 AD SA Red Shield Exp $ 10,000 (10,000) $ $ - AT-068 CM 1130 CDBG Direct Program Grants 101257 - CDBG CARES Act Task 1454 AD CASA Stan City Exp $ 5,000 (3,554) $ $ 1,446 AT-068 CM 1130 CDBG Direct Program Grants 101257 - CDBG CARES Act Task 1455 AD CCC Safe Hs Exp $ 5,000 (2,895) $ $ 2,105 AT-068 CM 1130 CDBG Direct Program Grants 101257 - CDBG CARES Act Task 1456 AD USF Daily Brd Exp $ 5,000 (3,507) $ $ 1,493 A budget adjustment of $109,093 is necessary to move salary savings from vacancies to Professional Services in order to pay for Planning Division consulting contracts.

A budget adjustment is needed to reduce the budget for these accountings strings.

Encumbrances were removed, resulting in a negative balance budgeted for these expenses.

A budget adjustment in the amount of $49,999 is necessary as the Neighborhood Preservation Division has not been able to fill its vacant Supervisor position. This fund transfer will allow the Unit to use consultant services until the position is filled.

A budget adjustment in the amount of $14,050 is needed in the Professional Services Task of Project 101328. On August 9, 2022, Council approved an amendment on Resolution No. 2022-334 to the contract increasing payment to $89,050 to accomplish a larger scope. The increase in scope is funded by the balance of the GoBiz Type 1 Grant ($30,500) funds and approximately $14,050 in General Fund Community Economic Development (CED) FY2022-23 Salary and Benefit Savings.

A budget adjustment is needed to release unspent funds in the amount of $25,859 in order to meet contract obligations as approved on Resolution 2022-061. Projects were overbudget by $10,450. There is no impact to the general fund.

A budget adjustment in the amount of $11,180 is needed in the Station 5 Remodel to reduce the general fund budget in 18610-MFD Facilities and Fleet and increase the transfer from this cost center to project 101234-Station 5 Remodel. This adjustment is necessary to cover a shortfall in staff charges for the inspection and administration of the project.

A budget adjustment in the amount of $11,180 is needed in the Station 5 Remodel to reduce the general fund budget in 18610-MFD Facilities and Fleet and increase the transfer from this cost center to project 101234-Station 5 Remodel. This adjustment is necessary to cover a shortfall in staff charges for the inspection and administration of the project.

A budget adjustment in the amount of $20,000 is needed in the CDBG Fund (1130) to budget the activity delivery expenses related to the ARPA DST Project. #9..
- 87 -
Department Director/Budget Manager/City Manager Approved Budget Adjustments EXHIBIT B For FY2022/23
AT #
Approv
ed by
CM,
BM or
DD Fund Fund Name Cost Ctr/Project Name Account Name
Rev/E
xp/TI/
TO
Accou
nt Current Budget
Increase
(Decrease)
Revised
Budget Description
AT-068 CM 1130 CDBG Direct Program Grants 101257 - CDBG CARES Act Task 1457 AD Lords Closet Next Exp $ 5,000 (328) $ $ 4,672
AT-068 CM 1130 CDBG Direct Program Grants 101257 - CDBG CARES Act Task CDBG Cares CV-2 Exp $ 494,148 15,409 $ $ 509,557 AT-073 CM 1130 CDBG Direct Program Grants 101296 - First Tee Transfer Out to Fund 3170 TO $ 150,000 49,500 $ $ 199,500 A budget adjustment is needed to cleanup the transfer currently budgeted, in order to match the budgeted expenses. The transfer budget was mistakenly not included on prior budget adjustments. This project is fully funded by CDBG funding.

Total Changes for Fund 1130 $ 1,273,551 $ 139,619 $ 1,413,170 AT-045 BM 1180 Emergency Shelter Grants 101258 - CARES Act Funding Various - Task 1388 STR SA Aces Rehab AD Exp $ 5,000 (3,691) $ $ 1,309
AT-045 BM 1180 Emergency Shelter Grants 101258 - CARES Act Funding Various - Task 1388 STR SA Aces Rehab Exp $ 43,000 (4,346) $ $ 38,654
AT-045 BM 1180 Emergency Shelter Grants 101258 - CARES Act Funding Various - Task 1388 STR SA Ber RHB AD Exp $ 5,000 (4,405) $ $ 595
AT-045 BM 1180 Emergency Shelter Grants 101258 - CARES Act Funding Various - Task 1388 STR SA Ber Rhb AUC Exp $ 43,000 (3,585) $ $ 39,415
AT-045 BM 1180 Emergency Shelter Grants 101258 - CARES Act Funding Various - Task 1388 STR STANCO 615 Rehab Exp $ 48,150 (10,712) $ $ 37,438
AT-045 BM 1180 Emergency Shelter Grants 101258 - CARES Act Funding Various - Task 1388 STR DTS Jobs AUC Exp $ 700,000 11,054 $ $ 711,054
AT-045 BM 1180 Emergency Shelter Grants 101258 - CARES Act Funding Various - Task 1388 STR STANCO AD 615 Exp $ - 718 $ $ 718
AT-045 BM 1180 Emergency Shelter Grants 101258 - CARES Act Funding Various - Task 1388 STR SA Ber AD AUC Exp $ 19,275 14,967 $ $ 34,242
AT-050 BM 1180 Emergency Shelter Grants 101258 - CARES Act Funding Task 1385 AD Outreach CHS AUC Exp $ 5,000 (1,789) $
AT-050 BM 1180 Emergency Shelter Grants 101258 - CARES Act Funding Task 1386 HP From AD AUC Exp $ 10,000 (3,435) $ AT-050 BM 1180 Emergency Shelter Grants 101258 - CARES Act Funding Task 1388 STR STANCO AUC Exp $ 133,594 (13,594) $ AT-050 BM 1180 Emergency Shelter Grants 101258 - CARES Act Funding Task 1387 RRH DTS AD Exp $ 50,000 (2,360) $ $ 47,640 AT-050 BM 1180 Emergency Shelter Grants 101258 - CARES Act Funding Task 1388 STR DTS Jobs AUC Exp $ 711,054 21,178 $ $ 732,232 Total Changes for Fund 1180 $ 1,773,073 $ - $ 1,643,297 AT-067 DD 1340 Grants - Operation Block Grants 101328 - CED - Cannabis Equity Grants for Local Jurisdictions AUC - Professional Services Exp $ 75,000 14,050 $ $ 89,050 AT-067 DD 1340 Grants - Operation Block Grants 14998 - CED - Non Capital Projects Transfer In from Fund 1340 TI $ - 14,050 $ $ 14,050 Total Changes for Fund 1340 $ 75,000 $ 28,100 $ 103,100 A budget adjustment in the amount of $14,050 is needed in the Professional Services Task of Project 101328. On August 9, 2022, Council approved an amendment on Resolution No. 2022-334 to the contract increasing payment to $89,050 to accomplish a larger scope. The increase in scope is funded by the balance of the GoBiz Type 1 Grant ($30,500) funds and approximately $14,050 in General Fund Community Economic Development (CED) FY2022-23 Salary and Benefit Savings.

A budget adjustment is necessary to reallocate unspent funds in the amount of $21,178 in order to meet contract obligations as approved on Resolution 2022-058 and 2022-061. There is no impact to the General Fund and no impact to the overall project budget.

A budget adjustment is needed to reallocate unspent funds in the amount of $26,739 in order to meet contract obligations as approved on Resolution 2022-058 and 2022- 061. There is no impact to the General Fund and no impact to the overall project budget.
#9..
- 88 -
Department Director/Budget Manager/City Manager Approved Budget Adjustments EXHIBIT B For FY2022/23
AT #
Approv
ed by
CM,
BM or
DD Fund Fund Name Cost Ctr/Project Name Account Name
Rev/E
xp/TI/
TO
Accou
nt Current Budget
Increase
(Decrease)
Revised
Budget Description
AT-049 BM 1341 Grants - Operation Reimbursed City/County Payment Program FY20-21 Interest Revenue Rev $ - 165 $ $ 165 A budget adjustment in the amount of $165 is necessary to increase interest revenue budget in order to balance the expense budget and close the project.

AT-051 CM 1341 Grants - Reimbursed 101443 - HD39 CA Recycle- PW Rev $ - 50,000 $ $ 50,000 AT-051 CM 1341 Grants - Reimbursed 101443 - HD39 Appr C - Advertising Exp $ - 4,758 $ $ 4,758 AT-051 CM 1341 Grants - Reimbursed 101443 - HD39 Appr C - Professional Services Exp $ - 37,800 $ $ 37,800 AT-051 CM 1341 Grants - Reimbursed 101443 - HD39 Appr C - Services City Forces Exp $ - 7,442 $ $ 7,442 AT-071 BM 1341 Grants-Operations Grants
Reimbursed
100963-FEMA AFG SitStat
Grant
Appr. Unit A - Salaries and
Wages Exp $ 4,000 (4,000) $ $ -
AT-071 BM 1341 Grants-Operations Grants
Reimbursed
100963-FEMA AFG SitStat
Grant
Appr. Unit C - Business
Expenses Exp $ 44,655 4,000 $ $ 48,655
Total Changes for Fund 1341 $ 48,655 $ 100,165 $ 148,820 AT-042 BM 1342 Police Grants 101437 - 2022-23 Ramus
Foundation Grant
47031 - Misc.

Donations/Contributions Rev $ - 17,000 $ $ 17,000
AT-042 BM 1342 Police Grants 101437 - 2022-23 Ramus
Foundation Grant AU C - Marketing Services Exp $ - 5,000 $ $ 5,000 AT-042 BM 1342 Police Grants 101437 - 2022-23 Ramus
Foundation Grant AUC - Video Equipment Exp $ - 12,000 $ $ 12,000 AT-054 BM 1342 Police Grants 101444-2023 BHRS Party Intergov - Misc. Grants Rev $ - 10,000 $ $ 10,000 AT-054 BM 1342 Police Grants 101444-2023 BHRS Party Police Overtime Exp $ - 10,000 $ $ 10,000 AT-055 CM 1342 Police Grants 101442 -2023 OTS PED/BIKE Intergov - State - Office of Traffic Safety Rev $ - 42,500 $ $ 42,500
AT-055 CM 1342 Police Grants 101442 -2023 OTS PED/BIKE Police Overtime Exp $ - 30,000 $ $ 30,000 AT-055 CM 1342 Police Grants 101442 -2023 OTS PED/BIKE Tools and Field Supplies < $5,000 Exp $ - 10,000 $ $ 10,000
AT-055 CM 1342 Police Grants 101442 -2023 OTS PED/BIKE Training Expenses Exp $ - 2,500 $ $ 2,500 AT-072 CM 1342 Police Grants Transfer Out to Project 101448 Transfer Out to Project 101448 TO $ - 50,000 $ $ 50,000 AT-072 CM 1342 Police Grants 101282-20-21-SLESF Tools & Field Supplies Exp $ 530,077 (50,000) $ $ 480,077 Total Changes for Fund 1342 $ 530,077 $ 139,000 $ 669,077 AT-072 CM 1390 1390 - ARPA Funds 101448 - RTCC Construction Eng./Design/Admin Exp $ - 50,000 $ $ 50,000 AT-072 CM 1390 1390 - ARPA Funds Transfer in from fund 1342 Transfer in from fund 1342 TI $ - 50,000 $ $ 50,000 Total Changes for Fund 1390 $ - $ 100,000 $ 100,000
AT-044 BM 1380 Non-Capital Parks Fund (NonGrant)
100880 - Fund
Development/Special Projects
Non-Intergov Misc.

Donations/Contribution Rev $ 1,000 1,500 $ $ 2,500
AT-044 BM 1380 Non-Capital Parks Fund (NonGrant)
100880 - Fund
Development/Special Projects Arts in Public Places - 10395 Exp $ 500 1,500 $ $ 2,000 Total Changes for Fund 1380 $ 1,500 $ 3,000 $ 4,500
AT-040 BM 3130 Parks Fund 73130 - Transfer Out Fund 3130 73460 - Transfer Out to Fund 3460 TO $ - $ 8 $ 8
A budget adjustment is needed to re-establish the transfer out from Fund 3130 to Project 100779. The transfer while it lapses each year in Oracle needs to be reestablished annually. The total remaining transfer budget available is $46,102.01.

However, this project is being finally closed in October 2022. Only $8.00 is needed to balance the project therefore that amount is being included in the budget adjustment.

A budget adjustment is the amount of $50,000 is necessary as The City of Modesto has received a grant from the State of California for the Household Hazardous Waste Discretionary Grant Cycle 39 (HD39). This grant will provide funding for staff time and event costs to provide 6 Household Hazardous Waste Collection Event throughout the City of Modesto for residents to bring material and recycle it properly.

A budget adjustment in the amount of $10,000 is needed to budget the 2023 BHRS Party Grant revenue and expenses.

A budget adjustment in the amount of $42,500 is needed in the Police Grants fund (1342) to budget revenue and expenditures related to the 2023 OTS Pedestrian/Bike Grant in project 101442 - 2023OTS PED/BIKE.

A budget adjustment is needed to reallocate funds from Appr. Unit A to Appr. Unit C so that the project can be closed. The expenditures in this project were tied to Appr.

Unit C therefore the budget for Appr. Unit A needs to be reduced to $0. Once the adjustment is completed, the project will be closed.

A budget adjustment in the amount of $50,000 is needed to create budget for the RTCC Construction. Funds will be used for consultant services in the areas of engineering, electrical and architectural design to develop the construction drawings to prepare to go out for bid for construction. 50K funds will be transferred from project 101284 2020-21 SLESF.

A budget adjustment in the amount of $50,000 is needed to create budget for the RTCC Construction. Funds will be used for consultant services in the areas of engineering, electrical and architectural design to develop the construction drawings to prepare to go out for bid for construction. 50K funds will be transferred from project 101284 2020-21 SLESF.

A budget adjustment in the amount of $17,000 is needed to budget the revenue and expense related to the 2022/23 Ramus Foundation Grant awarded to the City of Modesto Police Department.

A budget adjustment in the amount of $1,500 is necessary to recognize funds at the Stanislaus Community Foundation for Arts in Public Places. The funds will be used to pay for a donation to Downtown Modesto Partnership for DOMO Walls 2022. #9..
- 89 -
Department Director/Budget Manager/City Manager Approved Budget Adjustments EXHIBIT B For FY2022/23
AT #
Approv
ed by
CM,
BM or
DD Fund Fund Name Cost Ctr/Project Name Account Name
Rev/E
xp/TI/
TO
Accou
nt Current Budget
Increase
(Decrease)
Revised
Budget Description
AT-048 BM 3130 Parks Fund 101380 - Parks Security
Cameras Miscellaneous Revenue Rev $ 34,000 (17,000) $ $ 17,000 AT-048 BM 3130 Parks Fund 101380 - Parks Security
Cameras Appr. Unit C - TRRP Neece Dr. Exp $ 14,000 (7,000) $ $ 7,000 AT-048 BM 3130 Parks Fund 101380 - Parks Security
Cameras Appr. Unit C - Ustach Park Exp $ 20,000 (10,000) $ $ 10,000 Total Changes for Fund 3130 $ 68,000 $ (33,992) $ 34,008 AT-039 BM 3140 Capital Grants - CIP Projects 101337-BMF-Parts Storage Room Upgrade Intergov State LTF Current Year Rev $ 155,776 2,101 $ $ 157,877 AT-039 BM 3140 Capital Grants - CIP Projects 101337-BMF-Parts Storage Room Upgrade City Construction Forces Exp $ 27,512 (437) $ AT-039 BM 3140 Capital Grants - CIP Projects 101337-BMF-Parts Storage Room Upgrade Eng./Design/Admin Exp $ 119,573 (1,224) $
AT-039 BM 3140 Capital Grants - CIP Projects 101337-BMF-Parts Storage Room Upgrade Contingency CIP Exp $ 21,005 652 $
AT-039 BM 3140 Capital Grants - CIP Projects 101337-BMF-Parts Storage Room Upgrade Construction Admin Exp $ 272,199 3,110 $ $ 275,309 AT-043 BM 3140 Capital Grants - CIP Projects 101337-BMF-Parts Storage Room Upgrade Intergov State LTF Current Year Rev $ 157,877 251 $ AT-043 BM 3140 Capital Grants - CIP Projects 101337-BMF-Parts Storage Room Upgrade Contingency CIP Exp $ 21,657 251 $ $ 21,908 Total Changes for Fund 3140 $ 775,599 $ 4,704 $ 455,094 AT-060 BM 3160 Capital Grants - Streets CIP
Projects 101042 - Paradise Road ATP Construction Exp $ 3,041,247 (45,100) $ $ 2,996,147 AT-060 BM 3160 Capital Grants - Streets CIP
Projects 101042 - Paradise Road ATP Consultant Charges Exp $ - 45,100 $ $ 45,100 Total Changes for Fund 3160 $ 3,041,247 $ - $ 3,041,247 AT-053 CM 3170 CIP CDBG Direct Program
Grants 63170 - Transfer In 61130 - Transfer In from 1130 TI $ 674,464 49,500 $ $ 723,964 A budget adjustment is needed to cleanup the transfers currently budgeted in order to match the budgeted expenses. The transfer budget was mistakenly not included on prior budget adjustments.

AT-070 BM 3170 Capital Grants HUD CIP
Projects
100866 - Senor Playground
2014 Contingency - CIP Exp $ 71,800 (15,000) $ $ 56,800 AT-070 BM 3170 Capital Grants HUD CIP
Projects
100866 - Senor Playground
2014
Eng./Design/Admin - CDBG AD
1253 Exp $ 55,000 (19,000) $ $ 36,000
AT-070 BM 3170 Capital Grants HUD CIP
Projects
100866 - Senor Playground
2014 Construction Administration Exp $ 89,710 34,000 $ $ 123,710 AT-073 CM 3170 Capital Grants HUD CIP
Projects 101296 - First Tee Transfer In from Fund 1130 TI $ 674,464 49,500 $ $ 723,964 A budget adjustment is needed to cleanup the transfer currently budgeted, in order to match the budgeted expenses. The transfer budget was mistakenly not included on prior budget adjustments. This project is fully funded by CDBG funding.

Total Changes for Fund 3170 $ 1,565,438 $ 99,000 $ 1,664,438 AT-047 BM 3410 Streets Capital Facility Fee 100614 - SR 132 W.

Expressway Construction Administration ML Exp $ 50,000 (49,787) $ $ 213 AT-047 BM 3410 Streets Capital Facility Fee 100614 - SR 132 W.

Expressway Land Acquisition DEMO Exp $ 4,243,851 (171,994) $ $ 4,071,857 AT-047 BM 3410 Streets Capital Facility Fee 100614 - SR 132 W.

Expressway Land Acquisition CFF Exp $ 485,276 221,781 $ $ 707,057 Total Changes for Fund 3410 $ 4,779,127 $ - $ 4,779,127 AT-058 BM 4210 Wastewater Fund 101439 - Screw Pump
Replacement-3&4
AUC -
Engineering/Design/Administrati
on
Exp $ - 25,000 $ $ 25,000
A budget adjustment in the amount of $25,000 is needed in the Wastewater Fund (4210), project 101439 - "Screw Pump Replacement-3&4" to budget Engineering/Design/Administration costs related to this project.

A budget adjustment is needed to move $34,000 from the Contingency - CIP and Eng./Design/Admin tasks to the Construction Administration task on project 100866.

The adjustment is only reallocating current budget to cover the remaining work on the project.

A budget adjustment is necessary to reduce the revenue and expense budget for Project 101380. As part of the FY 22-23 Non-Capital project budget adoption, the project was inadvertently increase. The project has received all revenue and will not receive any additional revenue therefore the revenue and expense budget needs to be corrected.

A budget adjustment is necessary to move funds from the CCF and EDA task to the CTGY and CA task. In addition, the CTGY and CA tasks are being increased to account for remaining staff time and change orders on the project.

A budget adjustment is necessary in the amount of $251 to increase the contingency line to pay out the final progress payment for the project.

A budget adjustment is needed to reallocate funds from the Construction Measure L task to a newly created Consultant Charges for Land Acquisition. The new task is being created to track expenses related to the Associated Right of Way Services (ARWS) On Call Right of Way (ROW) services agreement. There is no net change to the budget and the funding source remains Local Control Measure L Funds.

A budget adjustment is necessary to reallocate funds within the SR 132 project PS&E phase for the 5th Amendment to the CPSI Agreement. The tasks were created with anticipation to use with grants as local match funds. The funds while tied to other tasks are earmarked as local CFF funds.
#9..
- 90 -
Department Director/Budget Manager/City Manager Approved Budget Adjustments EXHIBIT B For FY2022/23
AT #
Approv
ed by
CM,
BM or
DD Fund Fund Name Cost Ctr/Project Name Account Name
Rev/E
xp/TI/
TO
Accou
nt Current Budget
Increase
(Decrease)
Revised
Budget Description
AT-059 BM 4210 Wastewater Fund 101094 - West Trunk
Rehabilitation Construction Exp $ 6,000,000 (630,000) $ $ 5,370,000 AT-059 BM 4210 Wastewater Fund 101094 - West Trunk
Rehabilitation Contingency Exp $ 480,000 (70,000) $ $ 410,000 AT-059 BM 4210 Wastewater Fund 101094 - West Trunk
Rehabilitation
Engineering/Design/Administrati
on Exp $ 600,000 700,000 $ $ 1,300,000
Total Changes for Fund 4210 $ 7,080,000 $ 25,000 $ 7,105,000 AT-057 BM 4180 Water Fund CIP 101403 - Well 312 Treatment and Flushing Construction Exp $ 970,000 (49,500) $ $ 920,500 AT-057 BM 4180 Water Fund CIP 101403 - Well 312 Treatment and Flushing Contingency Exp $ 97,000 (5,500) $ $ 91,500 AT-057 BM 4180 Water Fund CIP 101403 - Well 312 Treatment and Flushing
Engineering/Design/Administrati
on Exp $ 114,000 55,000 $ $ 169,000
Total Changes for Fund 4180 $ 1,181,000 $ - $ 1,181,000 AT-063 BM 5110 Stores Fund 52120-Central Stores Building Services ISF Expense Exp $ 27,397 (10,791) $ $ 16,606 A budget adjustment in the amount of $10,791 is needed to reduce the building services ISF Expense in the Inventory Purchases Fund (5110) and reduce Building Services ISF Revenue in the Building Services Fund (5800). Starting November 2022, some services provided by the Building Services to the Jefferson Corp Yard will be provided by the Jefferson Stores instead and a reduction in ISF Expense and Revenue budget is needed.

Total Changes for Fund 5110 $ 27,397 $ (10,791) $ 16,606 AT-074 BM 5400 Fleet Management Fund 100451 - Fleet Maintenance Facility Construction Exp $ 4,232,095 (168,147) $ $ 4,063,948 AT-074 BM 5400 Fleet Management Fund 100451 - Fleet Maintenance Facility Construction Administration Exp $ 712,488 168,147 $ $ 880,635 Total Changes for Fund 5400 $ 4,944,583 $ - $ 4,944,583 AT-063 BM 5800 Building Services Fund 12531-Building Services Building Services Revenues Rev $ 2,294,393 (10,791) $ $ 2,283,602 A budget adjustment in the amount of $10,791 is needed to reduce the building services ISF Expense in the Inventory Purchases Fund (5110) and reduce Building Services ISF Revenue in the Building Services Fund (5800). Starting November 2022, some services provided by the Building Services to the Jefferson Corp Yard will be provided by the Jefferson Stores instead and a reduction in ISF Expense and Revenue budget is needed.

Total Changes for Fund 5800 $ 2,294,393 $ (10,791) $ 2,283,602 AT-052 BM 5810 10th Street Place Building
Services
52310 - PW-City 10th St. Place
JPA Operations
42405-Intergov - Local City of
Modesto Contribution Rev $ 1,300,606 5,130 $ $ 1,305,736 AT-052 BM 5810 10th Street Place Building
Services
52310 - PW-City 10th St. Place
JPA Operations
48021 - Office Space Rental
Income Rev $ 11,289 (5,130) $ $ 6,159
Total Changes for Fund 5810 $ 1,311,895 $ - $ 1,311,895 AT-041 BM 6710 JPA-TRRP Special Revenue
Fund
89999-101061-Carpenter Rd.

Area Soccer
42201 - Intergov-State-Natural
Resources Agency Rev $ 1,000,000 (1,000,000) $ $ -
AT-041 BM 6710 JPA-TRRP Special Revenue
Fund
89999-101135-TRRP River
Pavilion
42201 - Intergov-State-Natural
Resources Agency Rev $ 500,000 (500,000) $
AT-041 BM 6710 JPA-TRRP Special Revenue
Fund
89999-101061-Carpenter Rd.

Area Soccer
42213 - Intergov-State-California
State Parks Rev $ - 1,000,000 $ $ 1,000,000
AT-041 BM 6710 JPA-TRRP Special Revenue
Fund
89999-101135-TRRP River
Pavilion
42213 - Intergov-State-California
State Parks Rev $ - 500,000 $ $ 500,000
AT-064 CM 6710 JPA-TRRP Special Revenue
Fund 101425-ALH Fire Remediation 47020-Refunds, Damages and Cost Recovery Rev $ - 50,000 $ $ 50,000 A budget adjustment is needed to recognize part of the anticipated revenue from the A budget adjustment is necessary to reduce the revenue in FY 22-23 related to the lease agreement with Stanislaus County. The County leases are ended sooner than 12/31/2022. The revenue is being reduced and re-allocated through the City Allocation for the 10th Street Building ISF. The August monthly had originally amended the budget with the assumption that the lease would stay in place until December. As the lease is ending sooner, the ISF model needs to be adjusted.

A budget adjustment in the amount of $55,000 is needed in the Water CIP Fund (4180), project 101403-"Well 312 Treatment and Flushlines" to move budget among the Construction, Contingency, and Eng./Design/Admin tasks to pay for consultant charges in the Eng./Design/Admin task.

A budget adjustment in the amount of $700,000 is needed in the Wastewater Fund (4210), project 101094-"West Trunk Rehabilitation" to move budget among the Construction, Contingency, and Eng./Design/Admin tasks to pay for consultant charges in the Eng./Design/Admin task.

A budget adjustment is necessary to move funds from the Natural Resources Agency account to the California State Parks account. When the projects were originally budgeted, the City did not have a designated California State Parks revenue account as this is a passthrough from the Natural Resources Agency. As additional grant funds are received tied to State Parks an account was created. The adjustment is simply moving the budget to the new account. These is no change in budget overall to the projects.

A budget adjustment is needed to reallocate funds from the Construction task to the Construction Administration task within Project 100451. There are expenditures on the Construction task that are outside of the contractor payments that need to be moved to construction administration. The construction task budget will cover expenditures related to PO 179108.
#9..
- 91 -
Department Director/Budget Manager/City Manager Approved Budget Adjustments EXHIBIT B For FY2022/23
AT #
Approv
ed by
CM,
BM or
DD Fund Fund Name Cost Ctr/Project Name Account Name
Rev/E
xp/TI/
TO
Accou
nt Current Budget
Increase
(Decrease)
Revised
Budget Description
AT-064 CM 6710 JPA-TRRP Special Revenue
Fund 101425-ALH Fire Remediation Professional Services Exp $ 95,000 50,000 $ $ 145,000 Total Changes for Fund 6710 $ 1,595,000 $ 100,000 $ 1,695,000 AT-052 BM Various Various Various 58025 - ISF - JPA City Allocation Exp $ 1,300,606 5,131 $ $ 1,305,737 A budget adjustment is necessary to reduce the revenue in FY 22-23 related to the lease agreement with Stanislaus County. The County leases are ended sooner than 12/31/2022. The revenue is being reduced and re-allocated through the City Allocation for the 10th Street Building ISF. The August monthly had originally amended the budget with the assumption that the lease would stay in place until December. As the lease is ending sooner, the ISF model needs to be adjusted.

Total Changes for Fund Various $ 1,300,606 $ 5,131 $ 1,305,737 A budget adjustment is needed to recognize part of the anticipated revenue from the American Legion Hall insurance claim and to process payment for Belfor. #9..
- 92 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

January 10, 2022
Date: December 19, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jaylen French, Director of Community and Economic Development SUBJECT: Will Serve letter and an Outside Service Agreement for Water service for the property located at 323 Bothun Road (APN: 043-029-001)
CONTACT: Toby Wells, P.E., City Engineer, [email protected], (209) 571-5542 DESCRIPTION:

Consider approving a Will Serve Letter and an Outside Service Agreement for water connection for the property located a 323 Bothun Road in unincorporated Stanislaus County just outside of the city limits of Turlock (APN: 043-029-001) adjacent to the former Del Este water service area now owned by the City of Modesto. (Funding Sources: Water Fund) STRATEGIC PLAN ELEMENT:

The recommended action supports the City Council’s 2020-2025 Strategic Plan, Goal D Ensure Safe, Efficient and Reliable Infrastructure.

BACKGROUND:

On May 22, 2012, by Resolution No. 2012-202, Council approved amending City Council Policy

5.001 relating to water service connections into unincorporated areas. On June 5, 2012, the City Council approved final adoption of Ordinance No. 3566-C.S. amending City of Modesto Municipal Code Section 11-1.05. These amendments included language which required that the City Manager, upon the recommendation of the Director responsible for utility system planning, request City Council approval for all extensions of water services into unincorporated areas.

On November 25, 2014, by Resolution No. 2014-472 Council approved amending City Council Policy 5.001. On December 9, 2014 the City Council approved adoption of Ordinance No. 3611- C.S. amending City of Modesto Municipal Code Section 11-1.05. Both amendments included language allowing the City Manager, upon the recommendation of the Director responsible for utility system planning, to approve extension of water services into the former Del Este Water Service Areas without City Council approval. However, the subject parcel is not located within the former Del Este Water Service Area, and therefore requires City Council approval prior to allowing the new water connection.
#10..
- 93 -
City Council, January 10, 2023
Will Serve letter and an Outside Service Agreement for Water service for the property located at 323 Bothun Road (APN: 043-029-001)

Water service may be granted to properties outside the Modesto city limits, inside or outside the Sphere of Influence, as provided in Modesto City Council Policy 5.001, when the following conditions are met:
1) The development has been authorized by the appropriate land use agency;
2) It is reasonable for the City to extend the water service based on a plan to pay for service extension costs, the quantity of water used, the type of water use and the overall impact on the water system.

DISCUSSION:

The property is located at 323 Bothun Road in Turlock. Although this property is outside the City’s boundaries, outside Modesto’s sphere of influence and outside the former Del Este Water Service Area, it is however adjacent to the Del Este water service area. Del Este water company services county areas, but it was purchased by the City of Modesto in 1995 and since then, the City has been providing water connections within this area. The property at 323 Bothum is the last house on Bothun Road that can benefit from a water connection to the existing 6- inch water main extension in Bothun Road (refer to the agreement’s Exhibit A).

The property owner applied for a Will Serve Letter on October 19, 2022. The property has been on a private well for many years that is now failing. connection to City water is the only source of water that is available to her at this time. A fire flow test was conducted on this main and showed adequate water pressure for normal use by the existing single family home on the property.

If approved by the City Council, the application will be submitted to Local Agency Formation Commission (LAFCO) for final approval. If approved by LAFCO, the property owner can then apply for the water permit to connect to the existing water line in Bothun Road.

FISCAL IMPACT:

Applicant previously paid $774 for the Will Serve Letter and the Outside Service Agreement processing fee. The above fees will be deposited into the General Fund for staff time spent to process the Will Serve Letter and the Outside Service Agreement. There are no other direct impacts to the General Fund.

The water connection fee will be determined and collected at the time when the water permit is issued for the connection of the water line to the property. The water connection fees will be deposited into the Water Fund.

COMMITTEE RECOMMENDATION:

This item was not presented to a committee.
#10..
- 94 -
City Council, January 10, 2023
Will Serve letter and an Outside Service Agreement for Water service for the property located at 323 Bothun Road (APN: 043-029-001)

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving a Will Serve Letter and an Outside Service Agreement for water connection for the property located a 323 Bothun Road in unincorporated Stanislaus County just outside of the city limits of Turlock (APN: 043-029-001) adjacent to the former Del Este water service area now owned by the City of Modesto.

Approved by:

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

1. Resolution

2. Water Will Serve Letter

3. Outside Service Agreement
#10..
- 95 -
/2023/C&EDD/ 2023-?

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-

RESOLUTION APPROVING A WILL SERVE LETTER AND AN

OUTSIDE SERVICE AGREEMENT FOR WATER CONNECTION FOR
THE PROPERTY LOCATED AT 323 BOTHUN ROAD IN

UNINCORPORATED STANISLAUS COUNTY JUST OUTSIDE THE CITY
LIMITS OF TURLOCK (APN: 043-029-001) ADJACENT TO THE

FORMER DEL ESTE WATER SERVICE ARE NOW OWNED BY THE

CITY OF MODESTO
WHEREAS, Mary Lou Brewer, LLC, an unmarried woman, owns property located at 323 Bothun Road; and
WHEREAS, the owner has requested water service connection; and WHEREAS, on May 22, 2012, the City Council approved Resolution No. 2012-202 that amended City Council Policy 5.001; and
WHEREAS, on June 5, 2012, the City Council approved final adoption of Ordinance No. 3566-C.S. amending City of Modesto Municipal Code Section 11-

1.05; and
WHEREAS, both of these amendments included language which required that the City Manager, upon the recommendation of the Director responsible for utility system planning, request City Council approval for all extensions of water services into unincorporated areas; and
WHEREAS, on November 25, 2014, the City Council approved Resolution No. 2014-472 that amended City Council Policy 5.001; and WHEREAS, on December 9, 2014, the City Council approved adoption of Ordinance No. 3611-C.S. amending City of Modesto Municipal Code Section 11-

1.05; and
#10..
- 96 -
/2023/C&EDD/ 2023-?
WHEREAS, both of these amendments included language allowing the City Manager upon the recommendation of the Director responsible for utility system planning, to approve standard agreements of service for extension of water services into certain unincorporated areas that are located within the former Del Este Water Service Area without City Council approval; and WHEREAS, the property located at 323 Bothun Road is not located within the former Del Este Water Service area and therefore requires City Council approval prior to allowing the new water service connection; and WHEREAS, it has been determined that a sufficient quantity of potable water is available for normal usage by the proposed development; and WHEREAS, the water connection fees will be paid and associated permits be obtained prior to beginning any on site construction; and WHEREAS, the property owner has executed an Outside Service Agreement for Water Service as required to receive water service outside of City limits.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves a Will Serve Letter and an Outside Service Agreement for water connection for the property located a 323 Bothun Road in unincorporated Stanislaus County just outside of the city limits of Turlock (APN:
043-029-001) adjacent to the former Del Este water service area now owned by the City of Modesto.
#10..
- 97 -
/2023/C&EDD/ 2023-?
BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to approve the Will Serve Letter and execute the Outside Service Agreement for Water Service.
#10..
- 98 -
/2023/C&EDD/ 2023-?
The foregoing documents were introduced at a regular meeting of the Council of the City of Modesto held on the day of , 2023, 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
#10..
- 99 -
City of Modesto
Community and Economic Development Department
Land Development Engineering Division
Transportation, Engineering and Design Division
Engineering Design Division
1010 Tenth Street, Third Floor, Suite 3100
Modesto, CA 95354
P.O. Box 642, Modesto, CA 95353 www.modestogov.com Phone: (209) 342.4712 • Fax: (209) 577.5461 October 19, 2022
Mary Lou Brewer
323 Bothun Rd.

Turlock, CA 95380
Subject: Water Will Serve letter for a property located at 323 Bothun Road (APN: 043-029-001) in Turlock
As requested in your application dated October 10, 2022, the existing building located at 323 Bothun Road (APN: 043-029-001) will be allowed to make a single water service connection to the City’s existing water system as described below.

Water Service:

Pursuant to Modesto City Council Resolution No. 98-306 and City Council Policy No. 5.001, both addressing the extension of water service into unincorporated areas, it has been determined that a sufficient quantity of potable water is available for normal usage by the proposed development.

In general, Council Policy No. 5.001 provides that water service extensions may be approved by the City Manager on a case-by-case basis to properties outside the Modesto City Limits, outside of the Modesto Municipal Sewer District Number 1 and outside of the City’s Sphere of Influence when all of the following conditions are met:

1. The development has been authorized by the appropriate land use agency.

2. The property is inside, contiguous to, or near the former service area of the Del Este Water Company.

3. City staff has completed an analysis and determined that it is reasonable for the City of Modesto to extend water service based on a plan to pay for the service extension costs, the quantity of water used, the type of water use and the overall impact on the water system.

In addition to the above requirements, the following items are specific conditions on the proposed project:

4. That the water demand requirements for the existing structure will not change significantly from the information contained in the above referenced application.

5. That the existing single-family house meets all of the applicable Fire District's fire code requirements, and current edition of the California Fire Code, California Building Code and California Residential Code for water fire flow pressure and volume. #10..
- 100 -

6. That the water service connection for the existing house is made from the existing 6-inch water main in Bothun Road. The Fire water service connection shall be designed per City Standards and by a registered engineer authorized to perform such work.

Improvement plans shall be submitted to the City for review and approval. All costs associated with its design, installation, and permits shall be borne by the property owner.

7. That the smallest water service lines and associated meter sizes needed to serve the proposed project be installed.

8. That all applicable water connection fees are paid and associated permits be obtained prior to beginning any on-site construction.

9. That the property owner enters into a standard water service agreement with the City, as required for water service outside the City limits, by contacting Land Development Engineering, Deb Long at (209) 577- 5281 for more information.

Construction of the water connection identified to serve the above referenced project shall be completed prior to twelve (12) months from the date of this letter, and if after such time the service connections have not been made, the City’s approval of said connections will be revoked.

If you have any questions, please contact Eva Dankha-Kelly at (209) 571-5120.

Recommended By: ___________________________________
Eva Dankha-Kelly, Associate Engineer
Sincerely,
Joseph P. Lopez
City Manager
cc: William S. Wong - Director of Utilities
Jim Alves – Utilities
Jeff Daniels – Utilities
Kerrie Freeman – Stanislaus County
#10..
- 101 -
-1-
323 BOTHUN P:\Dev Services\Agreements_Sewer_Water_SD\Master Templates\Water OSA Templates\ Recording Requested By
City of Modesto
Return to / Mail to
City of Modesto City Clerk
P.O. Box 642
Modesto, CA 95353

SPACE ABOVE THIS LINE FOR RECORDER'S USE

OUTSIDE SERVICE AGREEMENT FOR WATER SERVICE
This Agreement is made and entered into in the City of Modesto, County of Stanislaus, State of California, by and between the City of Modesto, a municipal corporation of the State of California, (hereinafter “City”), and MARY LOU BREWER, (hereinafter “Owner”) and entered into on the date the last party executes said agreement.

This Agreement is made with reference to the following recitals:

A. Owner desires to have water service from City to its property located outside the city limits of City and more fully described in paragraph 1 below, (“Property”), and B. In order to provide said water service, City must extend its system, and C. City is agreeable to providing said water service under the terms and conditions set forth herein,
NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements herein contained, the parties hereto mutually agree as follows:

1. This agreement is between the City and the Owner of the following described property: Address: 323 BOTHUN APN: 043-029-001 THE NORTH 70 FT. OF LOT 21

OF THE BOTHUN SUBDIVISION ACCORDING TO THE MAP THEREOF, FILED WITH THE STANISLAUS COUNTY RECORDER ON OCTOBER 22, 1907 IN VOLUME 3 OF MAPS AT PAGE 17.
#10..
- 102 -
-2-
323 BOTHUN P:\Dev Services\Agreements_Sewer_Water_SD\Master Templates\Water OSA Templates\

2. Owner agrees to pay all fixed fees for all system operations and management services for water service. These include, but are not limited to, the following: deposit, disconnect fee, reconnect fee, late payment penalty fee, return check fee, collection agency fee, water disconnect notice, unauthorized reconnect, lock breakage fee/lock replacement fee, disconnect water line at main for nonpayment fee.

3. In the event Owner, for any reason, fails to make any of the payments provided for in Paragraph 2 in a timely manner, City may, at its option, terminate this Agreement by giving written notice thereof to Owner by First class mail. City may thereafter, at any time upon fifteen (15) calendar days written notice by First class mail to Owner, refuse to provide water service, or City may disconnect the water service connection to said property, at the City’s sole discretion.

In the event of Owners' breach of this Agreement, the remedy provided in this Paragraph to City is cumulative and is in addition to any other remedies in law or equity that may be available to City. The election of one or more remedies shall not bar the use of other remedies unless the circumstances make the remedies incompatible. The waiver or failure to enforce any breach hereof shall not be construed as a waiver of or bar to enforcement of subsequent breaches.

4. To the extent permitted by law, Owner agrees to and does hereby waive any and all rights it may have under law to challenge the payment of the City fees as provided for in Paragraphs 2 above. In the event, for whatever reason, Owner at any time contests, protests, or files any action in state or Federal court to invalidate the applicability of said fees to Owner, then, this Agreement shall immediately terminate and shall be of no further force and effect.
#10..
- 103 -
-3-
323 BOTHUN P:\Dev Services\Agreements_Sewer_Water_SD\Master Templates\Water OSA Templates\

5. Owner shall comply with all water use rules and regulations as set forth in the Modesto Municipal Code.

6. Owner shall pay water service charges and water main connection charges as set forth in the Modesto Municipal Code.

7. If the necessary water mains or services or appurtenances do not exist to provide water service to the property, City and Owner shall comply with the requirements of the Modesto Municipal Code and the City of Modesto Engineering Standard Specifications for the installation of necessary water mains and appurtenances thereto. The necessary water mains, services and appurtenances shall be installed by either City or Owner, as set forth in said requirements, to provide water service to the above property. In no event, will City be obligated to pay the initial cost of any such water mains, services or appurtenances at the direction of Owner. Rather, City agrees to use the procedures, methods, timing and other criteria set forth in its written authorities to provide water service to Owner at the good faith convenience of the City. Owner may accelerate the process of receiving water service from City by agreeing in a subsequent agreement to pay the facilities installation costs of such services in advance of their installation, subject to reimbursement pursuant to the aforementioned written authorities.

8. It is distinctly covenanted and agreed by the parties hereto that this Agreement shall be recorded and that all the covenants and agreements expressed above shall be held to run with the and bind the above described land and all subsequent owners and occupants thereof.
#10..
- 104 -
-4-
323 BOTHUN P:\Dev Services\Agreements_Sewer_Water_SD\Master Templates\Water OSA Templates\ IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has caused this Agreement to be executed in duplicate by its City Manager and attested by its City Clerk pursuant to Modesto Municipal Code 11-1.05 (b) and City Ordinance No. 3611-C.S., adopted on the 9th day of December, 2014, and OWNER has caused this agreement to be duly executed.

CITY:

CITY OF MODESTO,
a California municipal corporation
By: ________________________________

JOSEPH P LOPEZ
City Manager
OWNER:

By:_________________________________

MARY LOU BREWER
Date _______________________________
ATTEST:

By: ________________________________

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

By: ________________________________
JOSE M. SANCHEZ
City Attorney
APPROVED AS TO SUFFICIENCY:

By: ________________________________

TOBY WELLS
City Engineer
#10..
- 105 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

January 10, 2023
Date: December 6, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jaylen French, Director of Community and Economic Development SUBJECT: Agreement with PlaceWorks for the Development of the Southwest Modesto Plan CONTACT: Jessica Hill, Community Development Manager
[email protected], 209-577-5211
DESCRIPTION:

Consider approving an Agreement with PlaceWorks (Berkeley, California) for the Development of the Southwest Modesto Plan, in an amount not to exceed $216,000. (Funding Source: Local Early Action Planning (LEAP) Grant)
STRATEGIC PLAN ELEMENT:

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

Develop Homelessness and Housing Plan; Goal D: Provide Safe, Efficient, and Reliable Infrastructure through proactive community investment, maintenance, and sustainability; and Goal E: Drive Economic Vitality.

BACKGROUND:

In the 2019-20 Budget Act, Governor Gavin Newsom allocated $250 million for all regions, cities, and counties to do their part by prioritizing planning activities that accelerate housing production to meet identified needs of every community. With this allocation, the California Department of Housing and Community Development (HCD) established the Local Early Action Planning (LEAP) Grant with $119 million for cities and counties. LEAP provides one-time grant funding to cities and counties to update their planning documents and implement process improvements that will facilitate the acceleration of housing production and help local governments.

LEAP grants provide over-the-counter grants complemented with technical assistance to local governments for the preparation and adoption of planning documents, and process improvements that:
 Accelerate housing production
 Facilitate compliance to implement the sixth-cycle Regional Housing Needs Assessment On January 27, 2020, HCD issued a Notice of Funding Availability (NOFA), as part of the Local #11..
- 106 -
City Council, January 10, 2023
Agreement with PlaceWorks for the Development of the Southwest Modesto Plan

Government Planning Support Grants Program for the LEAP Grant. On March 3, 2021, the City was awarded $500,000 as part of the financial assistance for LEAP. In aligning with LEAP program criteria, the City is utilizing these funds for the development of the 6th Cycle General Plan Housing Element Update and is proposing to utilize the remaining funds for the Southwest Modesto Plan (Plan).

DISCUSSION:

On March 8, 2022, the Planning Division, in coordination with the Purchasing Division, issued a formal Request for Proposals (RFP) to prepare a comprehensive analysis for the development of additional housing units, barriers to economic development, street project design and infrastructure needs focusing on the neighborhoods of Southwest Modesto (RFP No. 2122-04).

One (1) firm, PlaceWorks (Berkeley, California), returned a proposal to the City for review. The proposal opening date was on April 12, 2022 at 11:00 am. The Purchasing Division reached out to all vendors to obtain a further understanding of the lack of response. The feedback centered on vendors being unable to fulfill the scope of work due to staff/capacity to carry out the project and the timeline of deliverables was too short.

The purpose of the Plan is to establish a vision for the future of Southwest Modesto with a focus on enhancing redevelopment conditions and opportunities, and to identify ways to realize that vision.

The project area location boundary is generally defined as south of California State Route (SR) 132, west of SR 99, north of Tuolumne River and east of Carpenter Road. The general boundary for the Southwest Modesto Plan is included as Attachment 2.

The Plan will be delivered in the form of a report that will present a comprehensive analysis of the needs and opportunities and identify a strategy to arrive at the actual development of additional housing units and address barriers to further economic development. Furthermore, the Plan will assess the desired functionality of key vacant and underdeveloped sites/properties, explore connectivity the Tuolumne River Regional Park and Trail, and exploring a thoroughfare design for Paradise Avenue. In aligning with a Citywide desirability for housing, the Plan will look at opportunities for new residential building types and new non-residential development, with a key focus on mixed-use development.

The focused implementation plan for Southwest Modesto addresses all components requested in the RFP, including: a comprehensive public outreach and visioning process; recommendations for development of opportunity sites, evaluation of economic development issues in the Southwest area, an integration of City-planned physical street improvements, and the integration of County-jurisdictional “islands” into the city.

The complete PlaceWorks proposal is included as Attachment 6. The scope for this plan includes the following:
 Task 1: February 2023
Kick-off Meeting and Project Management (City Staff and Consultant)  Task 2: March-April 2023
Outreach strategies and outreach goals; visioning and public Outreach; including 3-4 outreach workshops: Southwest Modesto Vision, Plan Concepts, and #11..
- 107 -
City Council, January 10, 2023
Agreement with PlaceWorks for the Development of the Southwest Modesto Plan

Southwest Modesto Plan Implementation
 Task 3: May-June 2023
Review of Economic Opportunities; Draft and Final Economic Mobility Strategy  Task 4: April-May 2023
Residential Design Concepts; Maps of Existing Conditions for Opportunity Sites, Draft and Final Concepts for Opportunity Sites, Draft and Final Memorandum Summarizing Performance Standards and Density Considerations, Draft and Final Memorandum Summarizing Housing Barriers and Opportunities  Task 5: June-July 2023
Street Project Design; Draft and Final Existing Transportation Conditions Memorandum; Input on Priority Street Improvements chapter in the Southwest Modesto Plan
 Task 6: June-July & November-December 2023
Utility and Infrastructure review; Existing Infrastructure Conditions  Task 7: December 2023-March 2024
Southwest Modesto Plan Administrative Draft & Public Review Draft  Task 8: March-April 2024
Public Meetings and Adoption; Planning Commission and City Council Presentations; Final Southwest Modesto Plan
Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $50,000 for material, equipment, or contractual services to follow the formal bid procedures. An award of $216,000 and agreement for the development of the Southwest Modesto Plan to PlaceWorks (Berkeley, California), conforms to the Modesto Municipal Code because the City complied with the formal bid procedures and PlaceWorks was the lowest responsive and responsible bidder.

FISCAL IMPACT:

The Agreement with Placeworks to prepare Southwest Modesto Plan will be funded in an amount not to exceed $216,000, through LEAP grant funds which are housed in Project 101352 – LEAP 2021 Planning Grant. There is no impact to the General Fund.

COMMITTEE RECOMMENDATION:

This Agreement was presented to the Economic Development Committee on December 5, 2022 and was recommended to forward to Council.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving an Agreement with PlaceWorks (Berkeley, California) for the Development of the Southwest Modesto Plan, in an amount not to exceed $216,000 and authorizing the City Manager, or his designee, to execute the Agreement.
#11..
- 108 -
City Council, January 10, 2023
Agreement with PlaceWorks for the Development of the Southwest Modesto Plan

Approved by:

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

1. Resolution

2. Standard Consultant Agreement

3. Southwest Modesto RFP 2122-04

4. Southwest Modesto Plan Proposal

5. Southwest Modesto Plan Budget

6. Southwest Modesto Plan Area Map
#11..
- 109 -

01.10.2023/CEDD/JHill/Item # 1 2023-xxx

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-XX

RESOULTION APPROVING AN AGREEMENT WITH PLACEWORKS
(BERKELEY, CALIFORNIA) FOR THE DEVELOPMENT OF THE
SOUTHWEST MODESTO PLAN, IN AN AMOUNT NOT TO EXCEED $216,000

AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO

EXECUTE THE AGREEMENT
WHEREAS, on March 8, 2022, the Planning Division, in coordination with the Purchasing Division, issued a formal request for proposals (RFP) to prepare a comprehensive analysis for the development of additional housing units, barriers to economic development, street project design and infrastructure needs focusing on the neighborhoods of Southwest Modesto (RFP No. 2122-04); and WHEREAS, the purpose of the Southwest Modesto Plan (Plan) is to establish a vision for the future of Southwest Modesto with a focus on enhancing development conditions and opportunities and to identify ways to realize that vision; and WHEREAS, the focused implementation plan for Southwest Modesto includes a comprehensive public outreach and visioning process, recommendations for development of opportunity sites, evaluation of economic development issues in the Southwest area, an integration of City-planned physical street improvements, and the integration of Countyjurisdictional “islands” into the city; and WHEREAS, the award of RFP No. 2122-04 and agreement for the Southwest Modesto Plan to PlaceWorks of Berkeley, California, conforms to the Modesto Municipal Code because the City complied with the bid procedures and PlaceWorks, was the lowest responsive and responsible bidder.
#11..
- 110 -

01.10.2023/CEDD/JHill/Item # 2 2023-xxx
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an agreement with PlaceWorks, Berkeley, California, for the development of the Southwest Modesto Plan to not exceed $216,000.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the agreement with PlaceWorks, in a form approved by the City Attorney.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 10th day of January, 2023, 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: Name, Name, Name, Name, Name, Name, Mayor Name
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ATTEST: _____________________________

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

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
#11..
- 111 -

STANDARD AGREEMENT FOR CONSULTANT SERVICES WITH PLACEWORKS THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this day of ,2023, (“Effective Date”), by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and PlaceWorks, hereinafter referred to as "Consultant." This Agreement is made with regard to the following recitals:

A. The City has determined that a Southwest Modesto Plan should be prepared to assist the City in providing a comprehensive analysis for developing additional housing units.

B. Consultant represents that it is qualified, willing and able to provide the services.

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 Attachment “1” in a manner compatible with the standards of its profession and shall produce a fully complete project that is acceptable to City.

2. TERM OF AGREEMENT.

This Agreement is effective as of the date first written above and will continue in effect until City’s acceptance of and payment for all services authorized by City and #11..
- 112 -
performed by Consultant, unless terminated earlier in accordance with the provisions of the termination clauses in this Agreement.

Price increases for subsequent agreement years three, four and five shall not exceed the Consumer Price Index (CPI) for West Urban Area in any one contract year and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by Contractor(s) in writing, at least sixty (60) days prior to the annual anniversary date of the contract to be effective for the subsequent year.

3. COMPENSATION.

Consultant agrees to accept a sum not to exceed TWO HUNDRED SIXTEEN THOUSAND ($216,000) as full remuneration for performing all services and furnishing all staffing and materials called for in “Attachment 1” 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 “Attachment 1” 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. City shall pay Consultant within thirty (30) days after receipt by Client of a proper, fully documented, invoice.

4. OBLIGATIONS OF CONSULTANT.

Throughout the term of this Agreement, Consultant shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business. Consultant #11..
- 113 -
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 best current, generally accepted, and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.

5. PERFORMANCE BY KEY EMPLOYEE.

Consultant has represented to City that NAME, TITLE, 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 ___ percent (__%) or more of the time to be devoted to the project that is the subject of this Agreement will be that of the above-named person.

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 once payment has been received by the Consultant, and may be used by City as it may require without any additional cost to City. No reports shall be used by the Consultant for purposes other than this contract without the express prior written consent of City. If City desires to reuse any documents or other deliverables, including electronic media, pertaining to the project prepared by Consultant, City may do so, but if such documents or other deliverables are reused by City for any purpose other than that for which such documents or deliverables were originally prepared, or if City causes such documents or deliverables to be altered without Consultant’s written consent, such reuse shall be at City’s risk.
#11..
- 114 -
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 the contract.

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.

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.
#11..
- 115 -
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 contract 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 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 #11..
- 116 -
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 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, 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.
#11..
- 117 -
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 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:

Name: Bruce Brubaker
Address: 2040 Bancroft Way, Suite 400, Berkeley, CA 94704 Attention: Bruce Brubaker, AIA, LEED AP Principal
Phone: (510) 848-3815 ext. 3351/ Mobile (510) 685-7689
FOR CITY:

Name: Kathy Crandall/Purchasing Buyer
Address: 1010 10th Street, Suite 5100
Attention: Kathy Crandall
Phone: (209) 577-5420
#11..
- 118 -

14. INSURANCE REQUIREMENTS.

The Consultant shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the City by certified mail, return receipt requested, for all of the following stated insurance policies. (a) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000. (b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and $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.
#11..
- 119 -
(d) Professional Liability (Errors and Omissions) Insurance with limits not less than $1,000,000 per claim, $2,000,000 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, the Consultant shall promptly obtain a new policy, submit the same to the Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the Consultant to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the City, may be forthwith declared suspended or terminated. Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, officers, 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 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 #11..
- 120 -
Consultant must deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.

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
#11..
- 121 -
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 termination.

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. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the 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 materials not delivered; d. Deliver or otherwise make available to the City all data, drawings, #11..
- 122 -
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 remain unacceptable and/or not useful to City as of the termination date.

City will pay Consultant an amount based on the percentage of satisfactory work completed 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 #11..
- 123 -
termination date and which remain unacceptable and/or not useful to City 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.

17. INDEMNITY.

The Consultant shall hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, to the extent arising directly or indirectly out of any negligent act or willful omission of Consultant whether or not the act or omission arises from the sole negligence #11..
- 124 -
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.

18. ENTIRE AGREEMENT.

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. #11..
- 125 -

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.

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. #11..
- 126 -
WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement by its City Manager and attested by its City Clerk under authority of Resolution No 2023-_______, adopted by the Council of the City of Modesto on the _____________ day of _____________________, 2023 and _____________________has caused this Agreement to be duly executed.
#11..
- 127 -
1 REQUEST FOR PROPOSALS NO. 2122-04
FOR

SOUTHWEST MODESTO PLAN
Non-Mandatory Pre-Proposal Conference
To be held on
Tuesday, March 15, 2022, at 2:00PM
Location:

Microsoft Teams Meeting
Join on your computer or mobile app
Click here to join the meeting
Or call in (audio only)
+1 323-484-8144,919914725# United States, Los Angeles
Phone Conference ID: 919 914 725#
Find a local number | Reset PIN
Learn More | Meeting options
PROPOSAL OPENING: TUESDAY, APRIL 12, 2022, at 11:00 A.M.

CITY OF MODESTO CONTACT: Kathy Crandall, Buyer
E-MAIL ADDRESS: [email protected]
PHONE: (209) 577-5420
#11..
- 128 -
2 CITY OF MODESTO
REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 2122-04

TABLE OF CONTENTS
Page
. Notice to Proposers............................................................................................................. 3 . City Contacts...................................................................................................................... 4 . Calendar of Events.............................................................................................................. 4 . Offer and Acceptance......................................................................................................... 4 . FORMS
. Proposal Acknowledgement (Signature Form) ............................................................... 7 . Pricing Schedule (Signature Form).................................................................................. 8 . Exceptions, Clarifications, Amendments........................................................................... 9 . References......................................................................................................................... 10 . Financial Interest Disclosure (Signature Form)............................................................. 13 . Company History Statement ............................................................................................ 15 . Minimum Qualifications.................................................................................................. 15 . Addenda Acknowledgement ............................................................................................ 16 . Technical Specifications and Requirements
. Background....................................................................................................................... 18 . Scope of Services.............................................................................................................. 19 . Insurance Requirements................................................................................................... 20 . General Terms and Conditions
. Proposal Submittal............................................................................................................ 22 . Acceptance/Rejection of Irregular Bids........................................................................... 22 . Complete Proposal Submittal........................................................................................... 22 . Compliance / Non-Compliance........................................................................................ 23 . Pricing Format................................................................................................................. .23 . Pricing Schedule............................................................................................................... 23 . Award of Proposal............................................................................................................ 23 . Evaluation Process............................................................................................................ 24 . Term of Contract .............................................................................................................. 24 . Termination of Services ................................................................................................... 25 . Electronic Payment........................................................................................................... 25 . Sample Agreement ........................................................................................................... 32 #11..
- 129 -
3 NOTICE TO PROPOSERS
NOTICE IS HEREBY GIVEN that the City of Modesto, County of Stanislaus, State of California, will receive at the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 sealed proposals for the furnishing of Southwest Modesto Plan for the City of Modesto.

The City of Modesto is soliciting proposals from qualified consultant firms or teams of firms to provide professional services to establish a comprehensive analysis for developing additional housing units, street project design and infrastructure needs focusing on the disadvantage neighborhoods of southwest Modesto.

All equipment, materials, and supplies shall be furnished F.O.B. City of Modesto. Proposals shall be submitted on the proposal sheet and shall be downloaded from the City’s Purchasing website at http://www.modestogov.com/257/Contracting-Bid-Opportunities; such proposals shall include all necessary specifications. It is highly recommended all proposal documents be downloaded from the City’s website.

Each proposal shall be sealed and filed with the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 no later than Tuesday, April 12, 2022, at 11:00 A.M., at which time proposals will be opened and recorded. All proposals shall be available for review following City Council award approval at the Purchasing Division, 1010 Tenth Street, 5th Floor, Suite 5300, Modesto, CA 95354.

Proposals will be received only at the address shown above, and prior to the time indicated. Any proposal received at or after said time and/or date, or at a place other than the stated address cannot be considered and will be returned to the proposer unopened.

All proposals, whether delivered by an employee of the proposer, U.S. Postal Service, courier, or package delivery service must be received and time stamped at the stated address prior to the time designated. The City Clerk’s time stamp shall be considered the official timepiece for the purpose of establishing the actual receipt of proposals. The City of Modesto assumes no responsibility for delay in the delivery of the proposal.

On the outside of both the proposal envelope and courier envelope, the proposer shall indicate the following:

NAME AND ADDRESS OF PROPOSER
SPECIFICATION NUMBER 2122-04

SOUTHWEST MODESTO PLAN
PROPOSAL OPENING DATE: APRIL 12, 2022
MAIL TO: CITY CLERK COURIER TO: CITY CLERK

CITY OF MODESTO CITY OF MODESTO
P.O. BOX 642 1010 10TH STREET, SUITE 6600
MODESTO, CA 95353 MODESTO, CA 95354
The City reserves the right to reject any or all proposals or to waive any informalities or minor irregularities in a proposal.

No proposer may withdraw his/her proposal for a period of one-hundred twenty (120) days after the date set for the opening thereof.
#11..
- 130 -
4 CITY CONTACTS
All questions regarding these specifications, terms and conditions shall be submitted in writing to Kathy Crandall, Buyer via email at: [email protected]
All contacts during the proposal process shall be through the Purchasing Division. Attempts by the proposer to contact department representatives may result in disqualification of the proposer from the proposal process.

CALENDAR OF EVENTS
Event Date
Proposal Issued March 8, 2022
Non-Mandatory Proposal Conference March 15, 2022 @ 2:00PM Written Questions Due March 22, 2022
Addendum Issued (if required) March 29, 2022
Response Due BEFORE 11:00 A.M. on Tuesday, April 12, 2022 Proposal Award Date October 2022.

Note: Award date is approximate.

Note: Deliver or mail proposals to the referenced address, only, as indicated in the Notice to proposers.

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

OFFER AND ACCEPTANCE:

Seller represents his/her acceptance to provide products and/or services as follows. City's offer to purchase products and/or services is expressly conditioned upon Seller's assent to the terms and conditions set forth in City purchase order documents, specifications, supporting data and these articles. Seller agrees that Seller's Order Acknowledgement terms and conditions received prior to, during, or after order placement by City are hereby rejected. City purchase orders signed by the City's Purchasing Manager or her designated agent and issued to Seller constitutes written notification to Seller of City's rejection of any and all of Seller Order Acknowledgements, counter offers and change to the City's terms and conditions. #11..
- 131 -
5 REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 2122-04

SOUTHWEST MODESTO PLAN
COVID-19 RESPONSE
The City of Modesto is doing our part to slow the spread of COVID-19. The City of Modesto will be broadcasting bid openings electronically via Microsoft Teams at 11:00 a.m. PT on Tuesday, April 12, 2022. The City Clerk Record of Proposal document will be available on Planet Bids by the end of day, Tuesday, April 12, 2022. The public bid opening for RFP 2122-04 Southwest Modesto Plan, will be available using the URL link, video system or via phone provided below. By submitting your proposal for the above-stated RFP acknowledge, understand, and agree to this modified bid opening procedure.

Microsoft Teams meeting
Join on your computer or mobile app
Click here to join the meeting
Or call in (audio only)
+1 469-998-7409,,961656049# United States, Dallas
Phone Conference ID: 961 656 049#
https://teams.microsoft.com/l/meetupjoin/19%3ameeting_NTI0YzBiMDMtNDQ0Yi00YjNlLWIwZjYtYzg4ZDVjMDdkM2Mz%40thread.v2/0?context=%7b%22Tid% 22%3a%22125ccacf-fc61-463c-9976-189f876ff90b%22%2c%22Oid%22%3a%229715c333-c997-4dd7-8984- 12cd4deaa705%22%7d
Should you have any questions regarding this, please do not hesitate to contact Kathy Crandall, by e-mail at [email protected] or telephone at (209) 577-5420. #11..
- 132 -
6 REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 2122-04

SOUTHWEST MODESTO PLAN

SUBMITTAL CHECKLIST

PROPOSAL SUBMITTAL CHECKLIST
The proposer shall provide a complete proposal in a sealed envelope before 11:00 A.M. on the bid opening date.

Failure to provide all the required documents may cause the bid to be considered non-responsive.

COMPLETE PROPOSAL Page No.
. Proposal Acknowledgement (Signature Form) ............................................................... 7 . Pricing Schedule (Signature Form).................................................................................. 8 . Exceptions, Clarifications, Amendments (if applicable)................................................... 9 . References......................................................................................................................... 10 . Financial Interest Disclosure Form (Signature Form)................................................... 13 . Company History Statement ........................................................................................... 15 . Minimum Qualifications (Financials, Under Separate, Sealed Cover). Please note, only . one (1) set of financials need to be submitted with your original packet(s) ................... 15 . Addenda Acknowledgement Page (if applicable) ........................................................... 16 #11..
- 133 -
7 PROPOSAL ACKNOWLEDGEMENT
REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 2122-04

SOUTHWEST MODESTO PLAN
The City is soliciting proposals from qualified proposers to furnish its requirements per the specifications, terms and conditions contained in the above referenced proposal number. This Proposal Acknowledgement must be completed, signed by a responsible officer or employee, dated and submitted with the proposal response. Obligations assumed by such signature must be fulfilled.

1. Preparation of Proposals: (a) All prices and notations must be printed in ink or typewritten. No erasures permitted. Errors may be crossed out and corrections printed in ink or typewritten adjacent and must be initialed in ink by person signing the proposal. (b) Quote price as specified in proposal.

No alterations or changes of any kind shall be permitted to the Proposal Form. Responses that do not comply shall be subject to rejection in total.

2. Failure to Submit Proposal: If you are not submitting a proposal but want to remain on the mailing list and receive future proposals, complete, sign and return this Proposal Acknowledgement and state the reason you are not pricing.

3. Taxes and Freight Charges: (a) Unless otherwise required and specified in the RFP, the prices quoted herein do not include Sales, Use or other taxes. (b) No charge for delivery, drayage, express, parcel post packing, cartage, insurance, license fees, permits, costs of bonds, or for any other purpose, except taxes legally payable by City, will be paid by the City unless expressly included and itemized in the proposal. (c) Amount paid for transportation of property to the City is exempt from Federal Transportation Tax. An exemption certificate is not required where the shipping paper shows the consignee as one (1) of the Agencies as such papers may be accepted by the carrier as proof of the exempt character of the shipment. (d) Articles sold to the Agencies are exempt from certain Federal excise taxes. The Agencies will furnish an exemption certificate.

4. Award: (a) Unless otherwise specified by the proposer or the RFP gives notice of an all-or-none award, the City may accept any item or group of items of any proposal. (b) Proposals are subject to acceptance at any time within thirty (30) days of opening, unless otherwise specified in the RFP. (c) A valid, written purchase order mailed, or otherwise furnished, to the successful proposer within the time for acceptance specified results in a binding contract without further action by either party. The contract shall be interpreted, construed and given effect in all respects according to the laws of the State of California.

5. Patent Indemnity: Proposers who do business with the City shall hold the City, its officers, agents and employees, harmless from liability of any nature or kind, including cost and expenses, for infringement or use of any patent, copyright or other proprietary right, secret process, patented or un-patented invention, article or appliance furnished or used in connection with the contract or purchase order.

6. Samples: Samples of items, when required, shall be furnished free of expense to the City and if not destroyed by test may upon request (made when the sample is furnished), be returned at the proposer’s expense.

7. Rights and Remedies of Agencies for Default: (a) In the event any item furnished by the proposer in the performance of the contract or purchase order should fail to conform to the specifications therefore or to the sample submitted by the proposer with its proposal, the City may reject the same, and it shall thereupon become the duty of the proposer to reclaim and remove the same forthwith, without expense to the City, and immediately to replace all such rejected items with others conforming to such specifications or samples; provided that should the proposer fail, neglect or refuse so to do the City shall thereupon have the right to purchase in the open market, in lieu thereof, a corresponding quantity of any such items and to deduct from any moneys due or that may there after come due to vendor the difference between the prices named in the contract or purchase order and the actual cost thereof to the City. In the event that the proposer fails to make prompt delivery as specified for any item, the same conditions as to the rights of the City to purchase in the open market and to reimbursement set forth above shall apply, except when delivery is delayed by fire, strike, freight embargo, or Act of God or the government. (b) Cost of inspection or deliveries or offers for delivery, which do not meet specifications, will be borne by the proposer. (c) The rights and remedies of the Agencies provided above shall not be exclusive and are in addition to any other rights and remedies provided by law or under the contract.

8. Discounts: (a) Terms of less than ten (10) days for cash discount will be considered as net. (b) In connection with any discount offered, time will be computed from date of complete, satisfactory delivery of the supplies, equipment or services specified in the RFP, or from date correct invoices are received by the City at the billing address specified, if the latter date is later than the date of delivery. Payment is deemed to be made, for the purpose of earning the discount, on the date of mailing the City’s check.

9. California Government Code Section 4552: In submitting a proposal to a public purchasing body, the proposer offers and agrees that if the proposal is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the proposer for sale to the purchasing body pursuant to the proposal. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the proposer.

10. No Guarantee or Warranty: The City makes no guarantee or warranty as to the condition, completeness or safety of any material or equipment that may be traded in on this order.

11. Two “Inked” Signed Original Proposal Document Requested: Failure to furnish at least one “inked” signed original proposal document may result in disqualification.

THE undersigned acknowledges receipt of the referenced RFP and/or Addenda and offers and agrees to furnish the articles and/or services specified on behalf of the proposer indicated below, in accordance with the specifications, terms and conditions of this RFP and Proposal Acknowledgement, for the pricing indicated on the Pricing Schedule.

Firm:

Address:

City/State/Zip:

Signature/Title/Date:
#11..
- 134 -
8 PRICING SCHEDULE
REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 2122-04

SOUTHWEST MODESTO PLAN
Task Unit Price
Public Outreach Lump Sum $
Residential Development Concept Lump Sum $
Street Project Design Lump Sum $
Utility and Infrastructure Needs Lump Sum $
Public Meetings and Adoption Lump Sum $
GRAND TOTAL $
Additional Costs Lump Sum $
Lump Sum $
Lump Sum $
Lump Sum $
GRAND TOTAL $
Will proposer accept the City’s Epay Payment Program? Please check one: Yes ____ No ____ Information regarding the program is provided in Section 2.14 Payment.

City Business License No. __________ Expiration Date: __________ THE undersigned acknowledges receipt of the referenced RFP and/or Addenda and offers and agrees to furnish the articles and/or services specified on behalf of the proposer indicated below, in accordance with the specifications, terms and conditions of this RFP and Proposal Acknowledgement, for the pricing indicated on the Pricing Schedule.

Company Name (Proposer):

By (Person Submitting Proposal): (Print)
By (Person Submitting Proposal): (Signature)
Title of Person Submitting Proposal:

Business Address
(City/State/Zip):

Email Address:

Telephone Number:

Fax Number:

Date:
#11..
- 135 -
9 EXCEPTIONS, CLARIFICATIONS, AMENDMENTS
REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 2122-04

SOUTHWEST MODESTO PLAN
Exceptions, Clarifications, Amendments
List requests for proposal clarifications and exceptions below, if any, sign and submit with your proposal response.

Item No. Reference To: Description
Page No. Paragraph No.

Company Name (Proposer):
#11..
- 136 -
10 REFERENCES
REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 2122-04

SOUTHWEST MODESTO PLAN
All proposers must provide a list of five (5) current or former clients in the area provided below, identifying prior experience with the same type of services requested by the City under Scope of Work.

References shall have similar volume and requirements to those outlined in these specifications, terms, and conditions. Proposer’s failing to provide references shall be deemed unacceptable.

The City may contact some or all of the references provided in order to determine the Proposers’ performance record on services similar to that described in this proposal. The City reserves the right to contact references other than those provided in the response and to use the information gained from them in the award process.

Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
#11..
- 137 -
11 Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
Company Name (Proposer):
#11..
- 138 -
12 FINANCIAL INTEREST DISCLOSURE
REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 2122-04

SOUTHWEST MODESTO PLAN

FINANCIAL INTEREST DISCLOSURE

REQUIRED DISCLOSURE BEGINNING THE COUNCIL MEETING
OF JANUARY 7, 2003
The ordinance requiring financial interest disclosure by all parties having a direct or indirect interest of $2,000 or more (except for certain publicly traded companies) will be effective at the Council meeting of January 7, 2003. This means that any Council action on a contract, agreement or development right must be accompanied by a FINANCIAL INTEREST DISCLOSURE FORM listing by name all parties that have a material financial interest in the agreement, contract or development right.

PLEASE NOTE, any Council action that requires a FINANCIAL INTEREST DISCLOSURE cannot be considered by the City Council until the required reporting is made. That means that Agenda Items without the DISCLOSURE will be removed from the Council Agenda.

FinDisclosure12-19
#11..
- 139 -
13 FINANCIAL INTEREST DISCLOSURE
All persons included within the meaning of either of the following tests have a material financial interest in an agreement, or application for development rights, submitted for approval or disapproval by the City Council, and shall be identified by the applicant, by name.

Tests of Materiality:

1. Whether it is foreseeable to a reasonable person that the value of their interest in property available for use by an applicant, or their interest in the applicant itself, may increase or decrease by an amount greater than $2,000.00 as a direct or indirect result of Council action on the applicant’s agreement or application for development rights.

2. Whether it is foreseeable to a reasonable person that the person’s gross income from the applicant may increase or decrease by a sum greater than $2,000.00 as a direct or indirect result of Council action on the agreement or application for development rights.

It is the legal obligation of all applicants for approval of an agreement or of an application for development rights to verify in writing, under penalty of perjury, that the identity of each person having a material financial interest in the agreement or application, or development rights is true, correct and complete.

The applicant understands that this information is provided under penalty of perjury, and that intentionally supplying misinformation or deception may result in either invalidation of the agreement or application, or criminal prosecution for misdemeanor violation of the Modesto Municipal Code, or both. Negligent provision of misinformation shall be grounds for invalidation. In accordance with the Modesto Municipal Code, each applicant has a continuing obligation to maintain the truth, accuracy and completeness of the financial interest disclosure information provided below until after final consideration by the City Council of any matter arising out of or relating to the agreement or application.

By signing this document, I agree to the information contained within.

COMPANY NAME: ____________________________________________________ __________________________________
APPLICANT’S NAME (SIGNATURE):
__________________________________
APPLICANT’S NAME/TITLE (PRINT):
__________________________________
Applicable Names: DATE:
(See attached list)
Questions concerning the application of either test to particular facts should be resolved in advance of Council action by agreement with the department head recommending approval of its agreement/application.

DIRECTOR
#11..
- 140 -
14 FINANCIAL INTEREST DISCLOSURE
COMPANY NAME: __________________________________________ NAMES
Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:
#11..
- 141 -
15 REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 2122-04

SOUTHWEST MODESTO PLAN

COMPANY HISTORY STATEMENT
Your company shall have been in business for a minimum of three (3) continuous years (immediately prior to the time of the RFP submittal date) providing the types of services requested in this RFP.

The company history statement shall be prepared on company letterhead and provided with the proposal submittal.

MINIMUM QUALIFICATIONS
Minimum Qualifications are mandatory for proposal consideration, and at a minimum shall include the following:

Financial Stability (Provided in a sealed separate envelope):

Proposers shall submit a copy of their company’s most recent professionally prepared Financial Statements (Income Statement and Balance Sheet). These statements, if unaudited, shall be accompanied by a cover letter that states the name and title of the preparer, the basis of the financial statement presentation (cash or accrual) and whether these statements have been prepared in accordance with Generally Accepted Accounting Principles for the most recent fiscal year end of the proposer. Audited financial statements shall be submitted in their entirety, including the auditor’s opinion and notes to the financial statements.

A separate document shall be provided and signed under penalty of perjury by the proposer’s financial officer or owner that explains the proposer’s inability to provide statements for a fiscal period that ended at least eight (8) months before the required date of submittal, if such inability exists.

One complete set of Financial Statements shall be submitted in a sealed separate envelope filed with the (original proposal document), marked with the following:

FINANCIAL STATEMENTS

NAME AND ADDRESS OF PROPOSER
SPECIFICATION NO. 2122-04

SOUTHWEST MODESTO PLAN
PROPOSAL OPENING DATE: TUESDAY, APRIL 12, 2022, AT 11:00A.M. #11..
- 142 -
16 REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 2122-04

SOUTHWEST MODESTO PLAN

ADDENDA ACKNOWLEDGEMENT
The proposer shall check the RFP listing on the City or PlanetBid website, periodically, and in any event, no later than the day prior to bid opening to obtain any addenda information. The changes identified in the addenda modify this request for bid and specifications. The addenda now become a part of this request for bid and specifications. Signing the Bid on the signature portion thereof, the bidder is acknowledging that the bidder has confirmed that he or she has received all addenda issued for this request for bid and specifications and has included costs for such in the bid submitted. Failure to list and acknowledge all addenda numbers may cause the bid to be considered nonresponsive. Do not attach any of the addenda to this sheet nor include them with the bid.

This document is only required to be returned should addenda have been issued.

The Bid is submitted with respect to the changes to the request for bid and specifications included in addenda numbers:

LIST ALL ADDENDA NUMBERS: _____________________________________________ Company Name (Proposer):
#11..
- 143 -
17 REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 2122-04

SOUTHWEST MODESTO PLAN
Most of the material needed to present a comprehensive proposal can be placed into one of the sections referenced below under Evaluation Criteria. Responses should be complete and detailed.

However, if relevant information needs to be presented to further support the proposers case other appropriate sections may be added in the proposers submittal.

EVALUATION
All proposals submitted will be reviewed by a City of Modesto evaluation committee. At the completion of the proposal review, finalists may be asked to provide an in-depth presentation in Modesto. Whether or not a presentation shall be performed is wholly within the discretion of the evaluation committee. The committee will select the proposal which best fulfills the City’s requirements and represents the best value to the City of Modesto as determined by the evaluation committee. No single factor will determine the final award decision.

Overall responsiveness to the Request for Proposal is an important factor in the evaluation process.

EVALUATION CRITERIA

1. REFERENCES

2. BACKGROUND AND FIRM

3. QUALIFICATIONS AND EXPREIENCE OF PERSONNEL

4. PROJECT UNDERSTANDING

5. COST
#11..
- 144 -
18 REQUEST FOR PROPOSAL AND SPECIFICATIONS NO. 2122-04

SOUTHWEST MODESTO PLAN

TECHNICAL SPECIFICATIONS AND GENERAL REQUIREMENTS

1.0 BACKGROUND:

The purpose of the Southwest Modesto Plan is to establish a vision for the future of Modesto.

With a focus on enhancing residential conditions and opportunities and to identify ways to realize that vision. The project area location boundary is generally defined as south of SR 132, west of SR 99, north of Tuolumne River and east of Carpenter Road. See attached map. The Southwest Modesto Plan will be delivered in the form of a report that will present a comprehensive analysis of needs and opportunities and identify a strategy to arrive at the actual development of additional housing units.
#11..
- 145 -
19 1.1 SCOPE OF SERVICES
The following outline provides additional information regarding the project scope of work and the factors that will help shape the Southwest Modesto Plan.

I. Visioning
Gather input, ideas and preferences from stakeholders and the general public/community at large; prepare a comprehensive vision for the future of residential neighborhoods and new development in the project area. Public workshops and a robust outreach program must be included.

This task will include facilitating a variety of public events intended to generate interest, gather feedback and learn about the various neighborhoods and communities’ preferences and priorities. The knowledge and information gained through this work will be reflected in draft work products that will be shared back to the public in order to generate community “buy-in” and support for the final plan documents.

II. Opportunity Sites
Determine the desired functionality of key vacant and underdeveloped sites/properties, to be identified with help from City staff. Opportunities for residential development on sites that can be enhanced with housing and sites that can be redeveloped with housing will be evaluated. Economic feasibility and financial viability must be considered as part of this evaluation.

This analysis should also consider the need and potential demand for different residential product types. The majority of the plan area is developed with single-family detached housing, although there is some multi-family and limited commercial development that exists as well. Opportunities for new residential building types and new non-residential development are to be described in the Southwest Modesto Plan.

Major opportunity sites include Modesto Municipal Golf Course, Dryden Golf Course and John Thurman Field. These facilities may or may not become available to accommodate new development within the next several years, so the plan will assess and evaluate development potential from a conceptual point of view. The Paradise Road corridor and unincorporated County islands in general will also be primary focus areas for purposes of evaluating opportunities and sites.

III. Infrastructure and Services
Utilizing the recently completed utility master plans as a starting point, evaluate and assess the availability, reliability and capacity of the various applicable infrastructure systems to accommodate new development. It is not anticipated that wet utilities systems evaluation will be a major component of the overall project work. Rather, the consultant team should provide an overview of its assessment and recommend strategies to avoid issues or correct anticipated problems.

The Southwest Modesto Plan will also describe recommended and proposed street projects including a focus on bicycles and pedestrians. The Downtown Master Plan that was adopted by the City of Modesto in August of 2020 is a reliable reference with regard to street improvement projects for southwest Modesto.

IV. Performance Standards and Density Considerations
#11..
- 146 -
20 The Southwest Modesto Plan will evaluate and assess residential development standards and requirements to identify opportunities to streamline the entitlement process. Parking and density are two examples. Establishment of new/proposed policies and defining the City’s existing, pro-housing policies will also be included.

V. Barriers to Affordable Housing
Identify and document all of the various barriers and obstacles, both real and perceived, that residential developers might experience. Document strategies and specific actions to address the issues, reduce costs and educate stakeholders. Pro-housing policies and practices will be assessed and evaluated as applicable.

1.2 REQUIRED LICENSES:

Prior to beginning any service that shall be furnished under this specification, the proposer shall secure the appropriate Business/Delivery license from the City of Modesto. Business/Delivery license information may be obtained by calling (209) 577-5389.

If the proposer is furnishing any labor or service including installation or maintenance, the proposer shall possess the appropriate California Contractor's license(s) at the time the proposal is submitted. A contract shall not be awarded to a proposer that does not possess the appropriate Contractor's license(s). The appropriate Contractor's license(s) is that specified in this request, or if not specified, that which is otherwise required by law, and qualifies the Contractor to do business in the State of California.

1.3 INSURANCE REQUIREMENTS:

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

A. Workers' Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000.

B. General Liability - insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent CONSULTANTS and SUBCONSULTANTS; products and completed operations; and/or professional liability.

C. Automobile Liability – insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and 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 $2,000,000 policy aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.

E. Waiver of Subrogation (Form Required)
#11..
- 147 -
21 F. Additional Insured Status-endorsement - Additional Named Insured language required: The City of Modesto, its officers, officials, employees, agents and volunteers are to be covered as additional insureds.

If at any time any of said policies shall be unsatisfactory to the CITY, as to form or substance or if a company issuing such policy shall be unsatisfactory to the CITY, the CONSULTANT shall promptly obtain a new policy, submit the same to Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the CONSULTANT to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the CITY, may be forthwith declared suspended, or terminated. Failure of the CONSULTANT to obtain and/or maintain any required insurance shall not relieve the CONSULTANT from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the CONSULTANT concerning indemnification. The CITY, it agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation.

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

The CONSULTANT's insurance policy(ies) shall include a provision that the coverage is primary as respects the CITY; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager.

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

1.4 PRE-PROPOSAL CONFERENCE:

A non-mandatory pre-proposal conference is scheduled for Tuesday, March 15, 2022, beginning at 2:00 P.M. (PT), via Microsoft Teams. Please utilize the following information to join.

Microsoft Teams meeting
Join on your computer or mobile app
Click here to join the meeting
Or call in (audio only)
+1 323-484-8144,919914725# United States, Los Angeles
Phone Conference ID: 919 914 725#
Find a local number | Reset PIN
Learn More | Meeting options
Persons attending the pre-proposal conference assume all risks of damage or loss to person and property and specifically release the City of Modesto from liability therefore. #11..
- 148 -
22 GENERAL REQUIREMENTS

2.0 PROPOSAL SUBMITTAL:

Proposer should submit two (2) “inked” (preferably blue ink) signed original proposal documents, plus two (2) signed original proposal document and One (1) electronic copy submitted via USB. The original proposal document shall be clearly marked. Photocopies do not constitute an original proposal document.

FAILURE TO FURNISH AT LEAST ONE “INKED” SIGNED ORIGINAL PROPOSAL DOCUMENT MAY RESULT IN DISQUALIFICATION.

It is the responsibility of the proposers to identify information in their proposal responses that they consider confidential under the California Public Records Act. To the extent that the City agrees with that designation, such information will be held in confidence whenever possible. All other information will be considered public.

All costs associated with the preparation of this proposal shall be borne by the proposer.

All exceptions taken to these specifications shall be specifically and clearly identified on the Exceptions, Clarifications, and Amendments Form. Failure to comply with this provision is grounds for proposal rejection.

Exceptions taken shall not affect the overall performance and quality of the services required by the City. The Purchasing Manager or her designated agent shall make the final decision regarding the acceptability of the services with exceptions.

Proposal shall be made in the format specified below. All requested exhibits shall be submitted with the completed Proposal and in the designated format. No oral, telegraph, telephone, facsimile or electronic proposals will be accepted. Failure to comply with all requirements may result in proposal rejection.

2.1 PROPOSAL PREPARATION:

Proposal shall be submitted in a three-ring binder with section tabs (A through Z as needed) with responses in the order described below. In those instances where specific questions are asked, each question shall be repeated in the proposal with the response following the question.

Extraneous or marketing information shall not be included.

If a service requirement cannot be met, Proposer shall indicate “No Proposal” in the relevant section of the proposal. In this case, proposer may offer an alternative equivalent service.

2.1.1 ACCEPTANCE/REJECTION OF IRREGULAR PROPOSALS:

A contract shall be awarded to the proposer whose proposal most closely satisfies the needs of the City and is deemed the most advantageous to the City. The City reserves the right to reject any or all proposals or to waive any informalities or minor irregularities in a proposal.

2.1.2 COMPLETE PROPOSAL SUBMITTAL:

The following documents constitute the makeup of a complete proposal submittal:
• Proposal Acknowledgement (Signature Form)
• Pricing Schedule (Signature Form)
#11..
- 149 -
23 • Exceptions, Clarifications, Amendments
• References
• Financial Interest Disclosure (Signature Form)
• Addenda Acknowledgment Form (If Applicable)
• Company History Statement
• Minimum Qualifications (Financials)
Failure to furnish any of these documents may result in disqualification.

2.1.3 PROPOSAL PREPARATION:

Proposals shall be prepared in the order listed in Section 2.1.2 Complete Proposal Submittal.

Proposals should be tabbed with dividers. Tabbed dividers shall be clearly marked indicating the appropriate document.

2.2 COMPLIANCE:

Proposers are required to sign the “Pricing Schedule, Financial Interest Disclosure and Proposal Acknowledgement Forms” of this proposal document, thereby acknowledging they are in full compliance with all requirements of RFP No. 2122-04, and any addendum to such proposal.

Failure to comply may result in disqualification.

The proposer guarantees that the offered equipment, material or services meet all safety requirements applicable in accordance with Cal-OSHA regulations and any other rule or regulation required by the City of Modesto.

2.3 NON-COMPLIANCE:

If you cannot comply with a specification requirement, note as an addendum on the Exceptions, Clarifications, Amendments Form specification paragraph, your exception, and your recommendation. The Purchasing Manager will evaluate your recommendation. If after evaluation it is determined that the proposer is not in compliance with the specification, the proposal may be rejected.

2.4 PRICING FORMAT:

All labor, materials, parts equipment, tools, licenses and insurance necessary to perform the services shall be included in the proposed pricing.

Unless otherwise stated, the proposer agrees that, in the event of a price decline, the benefit of such lower pricing shall be extended to the City.

2.5 PRICING SCHEDULE:

Proposers shall use the Pricing Schedule Form to present their proposed pricing. No other form or format shall be accepted.

2.6 AWARD OF PROPOSAL:

Proposals shall be evaluated by a committee and will be ranked in accordance with the RFP section entitled “Evaluation Criteria.”
The committee shall recommend award to the proposer who, in its opinion, has submitted a proposal that best serves the overall interests of the City, and attains the highest overall point score.

Award may not necessarily be made to the proposer with the lowest price. #11..
- 150 -
24 The City reserves the right to decline to award a contract if it is determined that the proposed pricing is not competitively priced based on similar contracts with public agencies within the State of California.

The City reserves the right to select that proposal, which best suits the City’s needs. Regardless of City staff’s recommendation, the City Council reserves the right to award a contract to the proposer that best suits the City’s needs as determined by the City Council whether or not said award is consistent with City staff’s recommendation for award.

Contracts may be awarded to more than one company in order to provide for backup, or in case the “primary” PROVIDER is unable to meet the City’s needs. The secondary company could be awarded a specific job only if the primary PROVIDER is unable to perform the service, or if the primary PROVIDER is unable to complete the specific job within the time frame required by the City, and finally, if the primary PROVIDER is unable to maintain acceptable quality standards required by the City.

2.7 EVALUATION PROCESS:

Proposals shall be evaluated using a three (3) step process:

Level 1 – Minimum Qualifications Review: The City shall perform an initial responsiveness review to determine compliance and shall notify disqualified Proposers. Proposers that do not meet the “Minimum Qualifications” requirements shall be deemed non-responsive and/or/nonresponsible to this RFP and will receive no further consideration.

Level 2 – Proposal Content and Cost Ratings: Proposals that meet Level 1 Minimum Qualifications Review shall be evaluated based on the evaluation criteria “Proposal Evaluation Criteria”. Proposer submittals shall be evaluated and scored. Proposer cost information shall be evaluated as part of Level 2 evaluation process.

Level 3 – Short List (Oral Presentations): At the sole discretion of the Evaluation Committee, a “short list” of proposers may be developed of the highest rated written submissions, based on Level 1 and Level 2 rankings. If the Evaluation Committee chooses, these proposers would be invited to give presentations. Final scoring of “short list” proposals shall be completed upon the conclusion of presentations.

2.8 TERM OF CONTRACT:

The term of the contract shall be continuous until completed. Completion of project will determine term of contract.

2.9 QUANTITIES:

The successful proposer shall be required to provide whatever quantities may be required during the contract term. No minimum or maximum is guaranteed or implied.

2.10 FUNDING:

All annual extensions are based upon continuous funding for that purpose by the City Council.

Failure to fund any annual extension shall result in an immediate termination of the agreement without redress.

2.11 INSPECTION AND ACCEPTANCE:

Whenever the product or service provided by the supplier has been delivered to the delivery point, the designated agent shall make the final inspection and acceptance. #11..
- 151 -
25 If upon initial inspection the product or service is found to be defective in its construction or deficient in any of the requirements of this specification, the supplier shall remedy or remove said product in an acceptable manner at the supplier's expense. No compensation shall be allowed for such correction of product, labor, or transportation of product.

2.12 CITY BUSINESS LICENSE:

Prior to beginning any service, that shall be furnished under this specification and proposal, the Proposer shall secure the appropriate Business license from the City of Modesto. Business license information may be obtained by calling (209) 577-5389.

2.13 TERMINATION OF SERVICES:

Refer to the “Sample Agreement” for termination of services

2.14 ELECTRONIC PAYMENT:

Electronic Payment Method:

The City of Modesto provides an Epay Program which involves payment of invoices by a secure Visa account number assigned to the supplier after award of bid or contract. Notification of payments and required invoice information is issued to the supplier’s designated Accounts Receivable contact by email remittance advice at time of payment.

During the evaluation process preference may be shown to proposers that agree to accept Epay for payment of invoices. Please indicate on the Pricing Schedule whether or not your company will accept the City’s Epay Program.

Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
Email to: [email protected]

2.15 OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES:

If mutually agreeable to all parties, the issuance of any resultant contract/purchase order referencing these specifications and modified by mutual agreement between all parties may be extended to other government or publicly funded agencies. It shall be understood that all terms and conditions as specified herein shall apply.

2.16 NON-DISCRIMINATION:

A. During the performance of this contract, Contractor and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, color, ancestry, religion, sex, national origin, marital status, age, medical condition (cancer related), physical handicap (including AIDS), or sexual orientation. Equal employment opportunity extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment. Contractor and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government #11..
- 152 -
26 Code, Section 12900, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full.

B. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

C. Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the contract.

D. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the City upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or City shall require to ascertain compliance with this clause.

2.17 NON-DISCRIMINATION OF THE HANDICAPPED:

CERTIFICATION OF PROPOSER REGARDING NON-DISCRIMINATION OF THE

HANDICAPPED
By executing this agreement, the proposer hereby certifies that he/she is in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements promulgated in response thereto, and any other applicable Federal laws and regulations relating to handicap
discrimination and participation and will continue to do so for at least the duration of the agreement and any extensions thereof.

2.18 DRUG FREE WORKPLACE:

Proposer/Contractor certifies that he/she is in compliance with Sections 8350 - 8355 of Chapter

5.5 of the Government Code, Drug Free Workplace Act. Every person or organization awarded a contract/purchase order or grant for the procurement of any property or service from any state agency (city) shall certify to the contracting or granting agency that it will provide a drug free workplace.

2.19 HOLD HARMLESS AGREEMENT:

The CONTRACTOR shall hold the CITY, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities and damages from every cause, including but not limited to injury to person or property or wrongful death, with the indemnity to include reasonable attorney's fees, and all costs and expenses, arising directly or indirectly out of any act or omission of CONTRACTOR, whether or not the act or omission arises from the sole negligence or other liability of CITY, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under the Agreement.

2.20 ASSIGNMENT OF RIGHTS:

CONTRACTOR offers and agrees, and will require all subcontractors and suppliers to agree, to assign to the CITY all rights, title, and interest in and to all causes of action it and they may have under Section 4 of the Clayton Act (15 United States code, Section 15) or under the Cartwright Act (Business and Professions Code, Section 16700 et seq.), arising from the purchase of goods, #11..
- 153 -
27 services, or materials pursuant to this contract or any subcontract. The assignment made by CONTRACTOR and all assignments made by subcontractors and suppliers shall be made and become effective at the time the CITY tenders final payment to CONTRACTOR, without further acknowledgment by the parties (Government Code, Sections 4550-4554).

2.21 CITY PROCESS/PROCEDURE APPROVALS:

CITY approval of any process or procedure shall not relieve the proposer of his/her responsibility to furnish the required items and service meeting all specifications contained herein.

2.22 PROPOSAL/SELLER REPRESENTATION:

The proposer/seller represents that:

A. He/She has had an opportunity to examine and has examined any and all of the documents, including specifications, any resultant purchase order and supporting data, and that he/she has, from the information contained in such documents, specifications, and data, fully acquainted him/her with all conditions relevant to the work.

B. He/She has made all reasonable investigations essential to a full understanding of the difficulties, which may be encountered in performing the work.

C. He/She will complete the work for the compensation stated above.

D. He/She assumes full and complete responsibility for all conditions relevant to the work and all risks in connection therewith.

E. In addition, thereto, the proposer/seller represents that he/she is fully qualified to do the work in accordance with the terms of any Purchase Order issued within the time specified in it.

F. Anything mentioned in the specifications and not in the Purchase Order or mentioned in the Purchase Order and not mentioned in the specifications, shall be of like effect as if shown or mentioned in both. In case of difference between the specifications and the Purchase Order, the Purchase Order shall govern.

2.23 FAILURE TO PERFORM SATISFACTORY:

It is agreed and understood that if the CONTRACTOR fails to perform the work as specified herein, CITY's representative may (1) consent to accept such unsatisfactory service with an appropriate adjustment in contract price, based on established cost factors, (2) have such required work done by CITY forces or otherwise, and charge the cost thereof to the CONTRACTOR, or (3) recommend termination of contract between said CONTRACTOR and the City of Modesto.

Those discrepancies and deficiencies in the work that remains uncorrected after the date set for correction may be the necessary justification for a billing adjustment in the month following the occurrence. Unless otherwise negotiated, billing adjustments for this incomplete or uncorrected work shall be permanent retention of 100% of the estimated monthly cost for the work not corrected or completed.

2.24 CONTRACTOR'S RESPONSIBILITY FOR DAMAGES:

If CONTRACTOR damages any property belonging to the CITY, the CITY may either retain from the money due to CONTRACTOR an amount sufficient to repair the damage or require #11..
- 154 -
28 CONTRACTOR to repair the damage to the satisfaction of the CITY at CONTRACTOR's expense.

2.25 LABOR FORCE AND SUPERVISION:

CONTRACTOR shall provide sufficient labor at all times to carry out the project properly and shall ensure that fully experienced competent licensed workers who are skilled in the type of work required are employed. CONTRACTOR shall ensure that supervision is provided at all times while any work under this contract is being performed. If, in the judgment of the CITY, any person is incompetent or disorderly, CONTRACTOR shall promptly remove such person from the work for the duration of the contract.

2.26 PROTEST AND APPEAL PROCEDURES:

Potential offerors, bidders, contractors, and subcontractors wishing to protest or appeal a procurement or contracting decision by the City of Modesto must follow the procedures provided by the section. Protests or appeals which are not submitted in accordance with these procedures will not be reviewed.

DEFINITIONS
For the purposes of this procedure: "Days" means working days in which City Hall is open for business, excluding holidays and weekends.
"Filing Date" or "Submission Date" means the date of receipt by the City Clerk’s office of the City of Modesto.
"Interested Party" means an actual or prospective bidder or offeror, or any contractor or subcontractor identified by name in any bid or proposal. "Bid" includes the term "offer" or "proposal" as used in the context of formal, informal, or negotiated procurements.
"Announced Decision" includes the term “Notice of Intent to Award Letter”. Once the City has issued an Announced Decision, the date noted will begin the time that an Interested Party may lodge a protest. Procurements valued at $50,000 or less normally will not have an Announced Decision.

A. PROTEST PROCEDURES

1. Any interested party may lodge a written protest to an Announced Decision with the City of Modesto's Purchasing Manager no later than ten (10) days after the Announced Decision.

2. The protest shall be delivered or sent by registered mail and postmarked by the deadline, or protest will be automatically rejected. Protestors who choose to be represented by legal counsel are responsible for the associated expenses.

3. The protest shall be accompanied by a certified or cashier's check in the amount of $300.00, (EXCEPT FOR PROTESTS OF FEDERALLY FUNDED
PROJECTS) or in such other sum as the City may establish, made payable to the Clerk of the City of Modesto. Protests filed without the requisite fee will be rejected without any additional review.

4. The protest filed with the Purchasing Manager shall:
#11..
- 155 -
29 a. Include the name, address, and business telephone number of the protestor.
b. Identify the project under protest by name, Request for Bid (RFB)/Request for Proposal (RFP) number, and bid/RFP date; c. Contain a concise statement of the grounds for protest; d. Include all supporting documentation, if any. Documentation submitted after filing deadline will not be reviewed.

All protests shall either be delivered to:

City Clerk’s Office
Attn: Purchasing Manager
1010 Tenth St. Suite 6600
Modesto CA 95354
Or mailed to:

City Clerk’s Office
Attn: Purchasing Manager
PO Box 642
Modesto CA 95353
B. PROTEST REVIEW (ANNOUNCED DECISION)

1. Protest to Purchasing Manager
Upon receipt of a complete and timely protest, the Purchasing Manager shall review all the submitted materials and shall create and retain a written record of the review. The Purchasing Manager shall respond at least generally to each material issue raised in the protest not later than ten (10) days after receipt of the protest. Notice of the Purchasing Manager's decision may be given by letter mailed through U.S. Postal Service.

2. Appeal to Deputy City Manager
The Purchasing Manager's decision may be appealed in writing to the City of Modesto's Deputy City Manager(s) no later than ten (10) days after the date of the Purchasing Manager’s Decision. The scope of the appeal shall be limited by the issues raised in the initial protest to the Purchasing Manager. The Deputy City Manager shall not be permitted to review any newly raised issues. The Deputy City Manager shall review the appeal, accompanying supporting documents, if any, and the written record of the protest review by the Purchasing Manager.

A written record of the Deputy City Manager's review shall be created and maintained. The Deputy City Manager shall give notice of his or her decision to the protestor within ten (10) days after receipt of appeal.

All protest appeals shall either be delivered to:

City Clerk’s Office
#11..
- 156 -
30 Attn: Deputy City Manager
1010 Tenth St. Suite 6600
Modesto CA 95354
Or mailed to:

City Clerk’s Office
Attn: Deputy City Manager
PO Box 642
Modesto CA 95353

3. Appeal to City Council
Any protestor seeking to appeal to the decision of the Deputy City Manager may appeal in writing to the City Council by filing with the City Clerk a written notice of such appeal not later than fifteen (15) business days after the date of the Deputy City Manager's decision. The City Clerk will calendar the protest for Council hearing and give notice of the time and place of the hearing as provided in Modesto Municipal Code Sections 1-4.01 through 1-

4.05. The City Council is the highest authority of the City of Modesto. It is possible that the City Council may reverse the decision of any City staff member at the hearing, or provide other direction to staff. In such cases, staff cannot reverse a City Council decision.

All protests shall either be delivered to:

City Clerk’s Office
Attn: City Council
1010 Tenth St. Suite 6600
Modesto CA 95354
Or mailed to:

City Clerk’s Office
Attn: City Council
PO Box 642
Modesto CA 95353
C. PROTESTS OF PROCUREMENTS EXCEEDING $250,000.00
Interested parties protesting procurements exceeding $250,000.00 shall comply with the procedures contained herein, except that in lieu of appeal to the Deputy City Manager, a protestor may request that the protest be heard and decided at an administrative hearing.

A written request for administrative hearing shall be accompanied by a certified or cashier's check in the amount of $1,500.00, (EXCEPT FOR PROTESTS OF #11..
- 157 -
31 FEDERALLY FUNDED PROJECTS; Refer to Purchasing Procedures Manual for the Transit Division and Federal Transit Administration Funded Purchases, Chapter 14) payable to the City of Modesto, and shall be received by the Purchasing Manager not later than fifteen (15) days after dispatch of the Purchasing Manager's decision. The request for hearing shall include the specific grounds of the appeal.

The City of Modesto shall select and engage an impartial and qualified person to act as hearing officer in the pending protest. The protestor shall have the right to twice reject the selected hearing officer, provided that the City is notified of such rejection within three (3) days of notice to protestor of the name of the hearing officer.

The protest shall be heard not later than twenty (20) days after receipt of protestor's request for hearing and the selection of a hearing officer. Protests not heard in a timely manner shall be deemed withdrawn, unless the City and the protestor mutually agree otherwise in writing. The protestor’s failure to accept a hearing officer after the third attempt by City staff to identify an impartial hearing officer shall be deemed a withdrawal of the protest.

The costs of the hearing officer and expenses of the protest shall be borne by the protestor. The sums deposited with the request for hearing shall be credited to the costs of the hearing officer and other hearing expenses.

The decision of the hearing officer shall be deemed as the final decision of the City, and no other appeal to City Staff or body shall be permitted.

D. PROCUREMENTS OBTAINED WITH FEDERAL FUNDS

1. If the protested procurement involves federal funds, e.g., from the Federal Transit Administration (FTA) of the United States, the Deputy City Manager, City Council, or hearing officer shall give notice, accompanying their respective decisions, to the protestor that he or she has the right to appeal to the appropriate federal agency, for which an agency name, contact (where available) and address shall be provided by City staff. Such an appeal shall be filed with the appropriate agency within seven (7) business days of the dispatch or rejection notices to the protestor. Federal agencies may entertain protests alleging that the City has failed to adopt written protest procedures or has failed to follow such procedures. Appeals to the Federal Transit Administration (FTA) shall comply with FTA Circular 4220.1E and the amendments and supplements thereto.

Additional information regarding protesting procurements obtained with Federal Funds can be found in the Purchasing Procedures Manual for the Transit Division and Federal Transit Administration Funded Purchases, Chapter 14.

2. The City Council is the highest authority of the City of Modesto. It is possible that the City Council may reverse the decision of any City staff member at the hearing before Council on the procurement at hand. In such cases, no internal appeal is possible since staff may in no case reverse a City Council decision. In such an event, a disappointed transit bidder or a contract involving expenditures of Federal funds shall have the right to appeal the City Council decision directly to the Federal Transit Administration. #11..
- 158 -
32 SAMPLE

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 ___________________________, a California corporation, hereinafter referred to as "Consultant."
This Agreement is made with regard to the following recitals:

A. The City has determined that a Southwest Modesto Plan should be prepared to assist the City in providing a comprehensive analysis for developing additional housing units.

B. Consultant represents that it is qualified, willing and able to provide the services.

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 Attachment “1” or "project". The Consultant shall perform the services as described in Attachment “1” in a manner compatible with the standards of its profession and shall produce a fully complete project that is acceptable to City.

2. TERM OF AGREEMENT.
. This Agreement is effective as of the date first written above and will continue in effect until City’s acceptance of and payment for all services authorized by City and #11..
- 159 -
33 performed by Consultant, unless terminated earlier in accordance with the provisions of the termination clauses in this Agreement.

Price increases for subsequent agreement years three, four and five shall not exceed the Consumer Price Index (CPI) for West Urban Area in any one contract year and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by Contractor(s) in writing, at least sixty (60) days prior to the annual anniversary date of the contract to be effective for the subsequent year.

3. COMPENSATION.

Consultant agrees to accept a sum not to exceed $________ AND XX/100 DOLLARS ($XXX,XXX.XX) as full remuneration for performing all services and furnishing all staffing and materials called for in “Attachment 1” 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 “Attachment 1” 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.

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 best current, generally accepted, and professional practices to make findings, render opinions, #11..
- 160 -
34 prepare factual presentations, and provide professional advice and recommendations regarding this project.

5. PERFORMANCE BY KEY EMPLOYEE.

Consultant has represented to City that NAME, TITLE, 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 ___ percent (__%) or more of the time to be devoted to the project that is the subject of this Agreement will be that of the above-named person.

6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

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

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.
#11..
- 161 -
35 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.

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 contract 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. #11..
- 162 -
36 No agent, officer, or employee of the City is to be 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 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. #11..
- 163 -
37 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, 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 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:

Name:

Address:

Attention:

Phone: ( )
#11..
- 164 -
38 FOR CITY:

Name:

Address:

Attention:

Phone: ( )

14. INSURANCE REQUIREMENTS.

The Consultant shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the City by certified mail, return receipt requested, for all of the following stated insurance policies. (a) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000. (b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and $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 #11..
- 165 -
39 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 $1,000,000 per claim, $2,000,000 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, the Consultant shall promptly obtain a new policy, submit the same to the Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the Consultant to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the City, may be forthwith declared suspended or terminated.

Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, officers, 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 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 #11..
- 166 -
40 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.

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
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 #11..
- 167 -
41 fiscal year. In such event City shall give Consultant not less than 30 days written notice of termination.

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. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the 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 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 #11..
- 168 -
42 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 remain
unacceptable and/or not useful to City as of the termination date.

City will pay Consultant an amount based on the percentage of satisfactory work completed 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 remain unacceptable and/or not useful to City 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;
#11..
- 169 -
43 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.

17. INDEMNITY.

The Consultant shall hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to 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 act or omission of Consultant whether or not the act or omission arises from the sole 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.

18. ENTIRE AGREEMENT.

This Agreement and its exhibits contain the entire understanding between Consultant and City. Additional or new terms contained in this Agreement which vary from #11..
- 170 -
44 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.

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.
#11..
- 171 -
45 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. #11..
- 172 -
46 WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attested by its City Clerk under authority of Resolution No 2022-_______, adopted by the Council of the City of Modesto on the _____________ day of _____________________, 2022 and _____________________has caused this Agreement to be duly executed.

CITY OF MODESTO, CONSULTANT
A municipal corporation
By:__________________________ By:_________________________________ JOSEPH P. LOPEZ (Signature)
CITY Manager
By:_________________________________
(Name & Title)
ATTEST: Date:_______________________________
By:______________________

DANA SANCHEZ
Interim City Clerk

(SEAL)
APPROVED AS TO FORM:

By:_________________________________
JOSE M. SANCHEZ
City Attorney
By:_____________________________
CHRISTINA D. ALGER
Director of Human Resources (Risk)
#11..
- 173 -
Southwest Modesto Plan
for the City of Modesto
November 30, 2022 | Proposal for
Services- Revised
#11..
- 174 -
#11..
- 175 -
ORANGE COUNTY • BAY AREA • SACRAMENTO • CENTRAL COAST • LOS ANGELES • INLAND EMPIRE www.placeworks.com
Southwest Modesto Plan
for the City of Modesto
April 12, 2022 | Proposal for Services
Submitted By: PlaceWorks
2040 Bancroft Way, Suite 400
Berkeley, California 94704
t 510.848.3815
In Association With:

ECONorthwest
#11..
- 176 -
#11..
- 177 -
November 30, 2022
Kathy Crandall, Buyer
City of Modesto
1010 10th Street
Modesto, CA 95354
Re: Proposal to Prepare the Southwest Modesto Plan
Dear Kathy:

On behalf of the PlaceWorks team, I am pleased to submit this proposal to prepare the Southwest Modesto Plan. Staff at the City know PlaceWorks well due to our work on the General Plan Update and EIR.

Using our knowledge of the community and its concerns we believe we have assembled the best possible team to assist the City in establishing a vision for the southwest Modesto area by creating housing opportunities, exploring development types, proposing street improvements, and assessing infrastructure needs, all solidly founded on a program of comprehensive community engagement.

I will be the Principal-in-Charge for this project. I am a registered architect, have a passion for community design, and have completed community planning projects throughout the state, many of which used multiday charrettes or other intensive community engagement processes. I am a certified charrette planner as well. Senior Associate Janet Chang will be the Project Manager. She is a talented urban designer and has organized many community outreach projects. She is currently leading community plans in Butte County and Nevada County, as well as helping lead PlaceWorks’ cutting-edge online engagement.

Principal Charlie Knox and Associate Principal Tanya Sundberg will provide context and guidance on the project, drawing on their experience developing the General Plan and EIR. In addition to these, PlaceWorks proposes to utilize our accomplished urban design and housing staff for specific tasks, as well as our multilingual staff to augment our engagement efforts.

To complement our in-house services, we have included a great team member well suited to assist in preparing the Southwest Modesto Plan. ECONorthwest is a respected consulting firm that specializes in economics and finance. They will help the team by identifying economic opportunities for the area by analyzing data at an applied microeconomics level, with a focus on implementation. #11..
- 178 -
April 12, 2022 | Page 2
I will serve as the team’s primary contact. Please do not hesitate to contact me if you have questions about our proposal, or if you need more information. The PlaceWorks team looks forward to the prospect of working with you on this interesting and challenging project.

Sincerely,

PLACEWORKS
Bruce Brubaker, AIA, LEED AP
Principal
510.685.7689
[email protected]
#11..
- 179 -

TABLE OF CONTENTS
Table of Contents

1. PROJECT UNDERSTANDING 1

2. TEAM QUALIFICATIONS 3

3. WORK SCOPE 155
#11..
- 180 -

TABLE OF CONTENTS
#11..
- 181 -
SOUTHWEST MODESTO PLAN 1. Project Understanding  1

CITY OF MODESTO
Project Understanding
The southwest area of Modesto has the classic features of a Central Valley town. The main corridor, Paradise Road, runs on the diagonal into downtown Modesto, which is itself diagonal to the surrounding City, as it was originally laid out oriented to the railroad tracks. All other streets in the southwest area (except those closest to downtown) are oriented north-south or east-west. This diagonal creates a sense of being special, but also creates a set of unorthodox intersections that sometimes create unsafe crossings for pedestrians. This street is lined with commercial shopping centers, some of which need refreshing, and wellmaintained schools. Surrounding the commercial corridors are singlefamily residential neighborhoods from various eras. Today, the neighborhood is solid, working class, and family oriented.

According to the 2010 census, the population is approximately 30,000 people (referring to 2016-2020 ACS data which does not correlate exactly to the plan area), which would be a good-sized town. The average age is around 28 years old. The average household size is 3.7. The median household income is about $44,000, less than in the City as a whole. About three-quarters of the residents over the age of 5 speak English “very well”. In short, this area could be considered younger, less well off, in larger households, with a large percentage speaking languages other than English. However, the location near downtown and regional highways, the relative prosperity of Modesto as a whole, the well-maintained neighborhoods and the family orientation bodes well for the future of the area.

Opportunities for community members to find affordable housing, meaningful and gainful employment close to home, to participate in local governance, and to enjoy high-quality services will ensure the southwest area contributes to the prosperous future of Modesto.

To set the table for this future, the time is now to focus on the southwest area. The City is looking for a consultant team that will engage the community in developing a vision for the future, with a focus on providing affordable housing for existing households to move or expand, and for new households to move to the area. PlaceWorks’ staff has a rich mix of urban design, planning, and housing expertise, and we have brought on accomplished team members in the fields of transportation, engineering, and economics. This team is ready to start engaging the community to understand their vision for the future and to examine existing barriers and opportunities so as to provide guidance for streamlining development in the southwest area. » Local Community-Based Organization Engagement. To address issues of both equity and growth, it will be critical to engage local community-based organizations (CBOs) who are trusted leaders in the southwest area. Some organizations that may be interested in helping focus community participation include Sierra Vista Child & Family Services, West Modesto Community Collaborative, and Redwood Family Center. These groups hold many community events in the area. In addition, many churches serve the southwest community. Some examples of active churches are Anchored Bible Church Modesto, St Stanislaus Catholic Church, Christian Love Baptist Church, and True Light Community Church. Other groups that may have an interest in participating include the Chamber of Commerce and the Tuolumne River Trust. All communication with local organizations and community members will be coordinated with the General Plan Update to minimize confusion and prevent “workshop fatigue”.

PlaceWorks is a statewide leader in environmental justice planning, and we include discussions of public health, reduction of pollution exposure, and access to healthy food into our visioning and housing opportunity work during the project. #11..
- 182 -

2  1. Project Understanding SOUTHWEST MODESTO PLAN

CITY OF MODESTO
» Look to Infill to Solve Housing Issues. According to the Urban Limit Line Outcomes Assessment, Modesto has more than enough land in its current city limit and Sphere of Influence (SOI) to accommodate future demand for single-family and multifamily development, as well as retail, office, and industrial uses. The southwest has opportunity sites that can help address future demand, but the issue is twofold: to verify that the community understands and supports new housing development, and to ensure the regulatory structure is tuned to streamline development that meets community goals. PlaceWorks will bring an array of disciplines to this task, from our community design staff that works with and understands the development community, to our housing staff who are recognized for housing work throughout the state and have a solid relationship with State housing staff, to our comprehensive planning staff who will coordinate land use planning for both the General Plan update and the southwest area.
» Demonstrate Attractive and Viable Housing Design. The concepts developed for opportunity sites in southwest Modesto need to convince community members, the development community, and decision-makers that well designed neighborhood housing is possible and preferable to “business as usual” development. Housing designs for opportunity sites in the Southwest Plan will need to consider community character, open space and other amenities, and mobility options. New types of housing are evolving in California, and PlaceWorks is at the forefront of communicating the benefits to places around the state, including in Central Valley communities like Modesto.
» Provide an Economic Foundation. In this time of disruption in the retail and employment sectors, the southwest area is vulnerable to factors outside the City’s control. As we work towards a future for this area, understanding how economic forces influence housing and economic mobility will provide a solid grounding for decision-making. PlaceWorks has brought on an innovative economics firm, ECONorthwest (EcoNW), who will assist the team by analyzing data to determine trends in housing and job growth, documenting the economic development assets of the southwest area, and identifying ways to capitalize on those trends and conditions. Their work will inform not only the housing work to be done in the Southwest Plan but also employment and economic development.
» Achieve Sustainable Mobility. Both as a transportation initiative and in the broader context of becoming a healthier community, the City is invested in promoting active transportation, clean fuel vehicles, and alternatives to single-occupant travel for commuting and other trips. In order to attract new development, the southwest area will benefit from demonstrating the City’s commitment to healthy alternatives to vehicular travel. PlaceWorks has assisted many cities and transportation agencies in a wide range of efforts to increase walking, wheeling, ridesharing and transit use. We have also helped cities show the placemaking benefits of improved non-single-occupant vehicle access and amenities in local neighborhoods and along key corridors.

For this effort we are bringing on Iteris, a nationally recognized expert in transportation solutions. Iteris and PlaceWorks will work together to identify issues and opportunities for changes to the network that are attractive and feasible and attractive to funders as well. » Determine how Infrastructure Systems can Accommodate Growth. Like nearly every community in California, the southwest area of Modesto has utility infrastructure that is aging and in need of upgrading. In addition, there are County pockets with few or no utility systems. If new development is desired in the southwest area, review and evaluation is required to understand the issues for water, wastewater, and storm drainage systems. Provost and Pritchard are engineers familiar with Modesto – they are working on the General Plan Update – and are well positioned to do this review. The outcome will be a greater understanding of backbone infrastructure issues that will inform requirements for future development. #11..
- 183 -
SOUTHWEST MODESTO PLAN 3. Approach  3

CITY OF MODESTO
Team Qualifications
PlaceWorks has assembled a highly qualified team to complete the Southwest Modesto Plan. This chapter describes the qualifications of the firms on the PlaceWorks team and the key personnel that will be assigned to the project.

Resumes for the key staff identified below are included in the appendix at the end of this proposal. Additional materials are available upon request. The organization of the team is shown graphically in Figure 1.

PlaceWorks
PlaceWorks is one of the West’s preeminent planning and design firms, with approximately 120 employees in six offices. Formerly known as The Planning Center|DC&E, PlaceWorks’ history dates back over 45 years. The Planning Center, established in 1975, was created with the intent to integrate individual design disciplines and work efforts into a greater whole. Similarly, Design, Community & Environment (DC&E) was founded over 20 years ago to offer high-quality, personalized, and comprehensive planning, design, and environmental review services. In 2011, these two highly respected planning and design firms merged, forming a company with an expanded set of disciplines and strengths.

PlaceWorks serves both public- and private-sector clients throughout the state in the fields of comprehensive planning, environmental review, urban design, landscape architecture, community outreach, and geographic information systems (GIS). Our talented, multidisciplinary team thrives on working with communities to tackle complex problems and develop workable solutions.

PlaceWorks is all about places and how they work geographically, environmentally, functionally, aesthetically, and culturally.

We are also passionate about how we work with our clients. PlaceWorks brings together people from diverse practice areas, offering best-of-all-worlds capability and connectivity. Just as each place we work on is distinctly different, so is our thinking. #11..
- 184 -

4  3. Approach SOUTHWEST MODESTO PLAN

CITY OF MODESTO
Relevant Projects
Southwest Fresno Specific Plan and Program EIR for the City of Fresno In a comprehensive, community-driven process, PlaceWorks worked with the City of Fresno and many stakeholders to develop a Specific Plan and Program EIR for approximately 3,000 acres of the Southwest Area of the city, which is a largely undeveloped and extremely disadvantaged neighborhood. An initial community health assessment helped identify the community environmental health issues that the
plan needed to address, such as rezoning
industrial uses, increasing walkability to
parks, improving access to healthy foods,
and creating opportunities for education
and job training. To ensure that real,
beneficial change occurs, PlaceWorks
developed a plan that integrates
economic analysis and input from a
Steering Committee, including residents
and developers, to identify development
and infill opportunities to create
“complete” neighborhoods with a focus
on quality, single-family residential
development and higher-intensity
corridors and magnet cores with retail and office uses. Additionally, PlaceWorks conducted the environmental analysis, as well as developed clear action steps for plan implementation. As part of this process, PlaceWorks collaborated with the City, the District’s Councilmember’s Office, and a robust team of consultants, including Shared Spaces, Centro La Familia, and Pop Up Design and Development, to create a plan that the community and City embraced. The plan and EIR were unanimously adopted by City Council in October 2017.
#11..
- 185 -

SOUTHWEST MODESTO PLAN 3. Approach  5

CITY OF MODESTO
Butte County Upper Ridge Community Plan for the County of Butte PlaceWorks is the prime consultant working with the County of Butte to develop a community plan for the Upper Ridge area located in the unincorporated portion of Butte County. The 2018 Camp Fire highlighted the Upper Ridge’s vulnerability to wildland fires and has changed the population, landscape, and priority for this area for many years to come. Within the Upper Ridge area, 2,158 homes were destroyed by the Camp Fire, along with many other non-residential structures, especially in the lower Paradise Pines subdivision. The Upper Ridge Community Plan would be an extension of the County’s General Plan, and address land use planning, fire safety, evacuation routes, community and economic development, affordable housing, infrastructure, recreation, and quality of life.

Work on the Upper Ridge Community Plan includes the following tasks: create a land use blueprint for post-Camp Fire recovery and provide important policy direction for future growth, circulation, infrastructure, conservation and development; develop a locally developed and supported vision for the community’s future; plan for a vibrant, youth-friendly town center providing needed commercial services; explore the use of an innovative transfer of development rights program that would encourage a variety of housing types, including affordable housing; and include best practices for developing a resilient and fire-adapted community.

Throughout the plan’s development process, PlaceWorks is also assisting the County with robust, creative community engagement of the area’s residents, property owners, and business owners to ensure that the community plan represents the voices of the people who live in this area, those displaced from the area, and their aspirations for the future. A creative approach to community engagement is necessary to reach all aspects of the Upper Ridge community and community members will serve as key decision-makers to create conditions for health, safety, and equity. #11..
- 186 -
6  3. Approach SOUTHWEST MODESTO PLAN

CITY OF MODESTO
Downtown Redding Specific Plan Update for the City of Redding PlaceWorks worked with the City of Redding to update the existing Downtown Redding Specific Plan. Downtown
Redding is poised to enhance its role as a vibrant urban center for the city and region. Its street network of short blocks and alleyways form a framework that can support a bustling and walkable downtown. Its historic architecture and landmarks create a feeling of authenticity that cannot be reproduced. However, the success of the downtown
faces hurdles dating back to the 1960s, when Interstate 5 was constructed on the east side of the river, fueling new retail development that competed with downtown. The
Specific Plan Update capitalized on several recent initiatives that were integrated into the final plan. These included the completion of the Downtown Redding Transportation Plan, which promotes safe bicycle and pedestrian activity; the awarding of a major Sustainable Communities Grant from
the State of California, which will help realize two new mixed-use housing projects (under construction now);
strategic investments in the downtown by the McConnell Foundation and others; and the California Arts Council’s selection of Downtown Redding as a Cultural District pilot program. PlaceWorks incorporated these and other projects to provide new guidance for urban design and land use in Downtown Redding, with a particular focus on the vision for Downtown expressed by community members. Revised regulations, standards, and guidelines will encourage new development and public improvements. PlaceWorks facilitated community and stakeholder outreach through community and stakeholder meetings, study sessions, and online engagement. The project received the 2021 Comprehensive Planning Award of Merit for a Small Jurisdiction from the Sacramento Valley Section of the California American Planning Association (APA).

Market Center project in Downtown Redding, highlighting Specific Plan implementation.
#11..
- 187 -

SOUTHWEST MODESTO PLAN 3. Approach  7

CITY OF MODESTO
Ceres Citywide Active Transportation Plan for the City of Ceres The Ceres Citywide Active Transportation Plan (ATP) provides strategies and project recommendations for nonmotorized improvements throughout the city. PlaceWorks led all aspects of the ATP, including a wide range of online and in-person community engagement activities. At the outset, PlaceWorks conducted a Community Needs Assessment to evaluate walking and biking conditions across the city, employing in-person walk audits, stakeholder interviews, and data on existing facilities.

PlaceWorks also facilitated regular meetings throughout the ATP's development with the Active Transportation Advisory Committee, which included City of Ceres staff, staff from adjacent jurisdictions and regional agencies, local health organizations, and community advocates for walking and biking. The creation of the City's first ATP brought a wide variety of voices to the planning process, and the resulting plan is a user-friendly and implementable document with program and infrastructure improvements that will enhance the safety and comfort of bicyclists and pedestrians who live, work, and visit Ceres.
#11..
- 188 -
8  3. Approach SOUTHWEST MODESTO PLAN

CITY OF MODESTO
Ceres Downtown Specific Plan and EIR for the City of Ceres PlaceWorks worked with the City of Ceres to develop a Specific Plan to guide redevelopment in the city’s downtown area.

Downtown Ceres features a well-connected network of streets with landscaped roundabouts and a unique mix of older buildings and single-family residences, but it suffers from a lack of strong business activity and identity. To respond to these issues, PlaceWorks conducted a series of community workshops to hear from residents and business-owners, and then prepared a Specific Plan that provided conceptual plans for key redevelopment sites, tailored development standards and design guidelines, a financing strategy for public design and infrastructure improvements, and General Plan and Zoning Ordinance amendments. PlaceWorks also developed a detailed conceptual streetscape design plan for the primary east-west corridor that incorporates green street principles. As part of the environmental review process, PlaceWorks conducted both city-wide and downtownspecific greenhouse gas (GHG) analyses. The Plan was awarded the 2011 Central Section APA Comprehensive Planning Award for a Small Jurisdiction.
#11..
- 189 -

SOUTHWEST MODESTO PLAN 3. Approach  9

CITY OF MODESTO
SR 152 and Pioneer Road Specific Plans for the City of Los Banos PlaceWorks conducted these two Complete Streets plans for the City of Los Banos simultaneously. SR 152, which is also known as Pacheco Boulevard, is a state highway that runs through the heart of the City. Over time the street has seen more and more traffic, much of it travelling through the City between Highway 99 and Highway 5. The Complete Streets Plan effort identified ways to accommodate pedestrian and bicycle users more
safely and improve the usability and attractiveness of the corridor. It included recommendations for improved safety, open space and aesthetic improvements, and new gateway
elements leading to Downtown. In parallel to the SR 152 project, PlaceWorks developed a concept plan for widening Pioneer Road to serve as an improved arterial one half mile south of Pacheco Boulevard. An improved Pioneer Road will take some of the traffic pressure off busy Pacheco Boulevard to allow the multi-modal improvements outlined in the
Pacheco Boulevard Complete Streets Plan to be realized. The outcome was a recommendation for the alignment and street design of Pioneer Road, which is now undergoing engineering design and environmental review. Both of these projects had a robust stakeholder engagement and public outreach process run by PlaceWorks, with multiple community workshops during the planning process.

Modesto General Plan Update and EIR for the City of Modesto Modesto was founded in 1870 as a stop on the Central
Pacific rail line and the original layout is still visible today, a 640-acre tract oriented to the rail line. The City’s current Downtown serves as the civic, cultural and entertainment hub for the City and region. The City of Modesto has grown significantly and is one of California’s top 20 largest cities.

Today, the City of Modesto is looking to the future and embracing innovative concepts, and PlaceWorks is
preparing a comprehensive update to the City of
Modesto’s General Plan, a feasible Implementation Plan, and an informative and legally defensible Environmental Impact Report (EIR) to achieve this goal. The General Plan Update will address key issues including economic
prosperity, future areas for growth, open space,
sustainability mobility, environmental justice, and
Downtown Plan implementation. This General Plan Update
will engage all sectors of the community through robust and ongoing public outreach. PlaceWorks will ensure that the environmental review process satisfies the legal
requirements of CEQA and those of the City, and the EIR analysis will be succinct, fully documented, and allow for independent verification of the results.
#11..
- 190 -
10  3. Approach SOUTHWEST MODESTO PLAN

CITY OF MODESTO
Blue Rock Community Plan for the Lewis Management Corporation The City of Vallejo owns 225 acres in the 27-hole Blue Rock Springs Golf Course, but with use of the course down more than 50 percent and still declining, the city was looking to revitalize the course. The newly envisioned Blue Rock Community was designed to retain 18 holes of golf and create a new community with 292 homes and a mixed-use center. The neighborhood design took advantage of the rolling topography of the golf course and preserved portions of the course to run through the neighborhoods. This allowed the new design to retain a smaller, 18-hole operational golf course that preserves the historical elements of the existing golf course.
#11..
- 191 -

SOUTHWEST MODESTO PLAN 3. Approach  11

CITY OF MODESTO
Key Staff
Bruce Brubaker, LEED AP, Principal, Principal-in-Charge, will ensure that all products are produced on time, on budget, and meet the highest standards of quality. Additionally, he will be available to facilitate public workshops and critical meetings throughout the process. Bruce has spent over 25 years shepherding urban design and architecture projects from conceptual designs through construction for public, commercial, and residential projects. His work has ranged in scale from regional blueprint plans to detailed multimodal street design projects. He is very interested in the middle scale of station area plans, downtown plans, and neighborhood plans, and he brings his understanding of the very small and the very big to the careful, complicated work of developing visions that generate excitement while being feasible in the real world. Bruce is well known for innovative planning and design work on transit-oriented development projects in northern and southern California, and he is an accomplished practitioner of the principles of Crime Prevention Through Environmental Design (CPTED).

Bruce applies sustainable design principles to architectural projects that include energy efficiency, use of renewable and recycled materials, and healthy building principles. In addition, he is a highly collaborative facilitator and has successfully forged consensus in numerous public workshop settings. He is certified as a charrette planner by the National Charrette Institute and has led several projects incorporating multiday design charrettes for local and regional governments.

Janet Chang, AICP, Senior Associate, will serve as the Project Manager and will be responsible for the day-to-day management of the project, as well as for maintaining regular contact with City staff, coordinating with subconsultants, facilitating workshops, and attending all project meetings. Janet is recognized for her ability to think both creatively and analytically about projects and for her skills in design, plan writing, virtual and in-person community outreach and engagement, workshop facilitation, and project management. She has a strong understanding of placemaking and strives toward fostering vibrant communities that incorporate quality development and multimodal accessibility. Janet has robust experience in developing and managing Specific Plans for projects across California. She was the project manager for the Healdsburg North Entry Area Plan and Southwest Fresno Specific Plan.

Charlie Knox, AICP, Principal, will serve as Planning Advisor. Charlie has more than three decades of experience in public and private-sector land use planning. He has completed a number of general plans, all of which have been well received and have led effectively to communities realizing their objectives. He is currently overseeing the Modesto General Plan Update, and his knowledge of the community and its concerns will help inform processes and decisions regarding the Southwest Modesto Plan. Charlie has conducted the entire comprehensive planning process from background reporting to visioning workshops to plan alternatives to commission and council review and even through environmental documentation. His editing and organizing of the Marin Countywide Plan is particularly regarded as one of the most successful examples of both representing a complex community with one voice and leading to real, measurable pollution reduction.

More recently, Charlie has overseen general plan updates in Menlo Park, Stockton, and Vallejo. #11..
- 192 -
12  3. Approach SOUTHWEST MODESTO PLAN

CITY OF MODESTO
Scott Ashlock, ASLA, Associate Principal, will serve as Design Advisor. Scott’s background in architecture and landscape architecture and his savvy technological skills make him well versed in the nuts and bolts of design. He is adept at tackling a variety of complex issues, but his passion lies with landscape architecture and how to address the natural and built environment, from large master-planned communities to specific site designs.

Scott’s interest in exploring communities led him across the nation and to Europe and the Mediterranean. He uses this experience to introduce new or different ways of problem solving for designs. He incorporates principles of Asian landscape design; drought-tolerant landscapes; California native plantings; and demonstration, educational, and healing gardens. His vigorous desire to expand his knowledge and the multifaceted perspective he gained from other cultures and cities make his approach to any project exciting and remarkable.

Amy Sinsheimer, AICP, Senior Associate, will serve as Housing Advisor. Amy has over 15 years of experience managing and preparing long-range planning and policy documents, with a specialty in housing. She has significant experience in public outreach for complex projects involving multiple agencies, stakeholders, and team members. Amy prepared housing elements during the 3rd, 4th, 5th, and 6th cycles and has worked closely with staff at the California Department of Housing and Community Development to achieve certification for her clients. In the 5th cycle alone, she worked on more than 30 housing elements in the 5th cycle. Amy has also prepared housing element program implementation documents. She also has extensive zoning experience, including the preparation of conventional, form-based, and hybrid zoning codes, as well as zoning regulations in California’s coastal zone.

ECONorthwest
ECONorthwest (EcoNW) is a West Coast based consulting firm that specializes in economics, finance, and planning. Since its incorporation in 1974, ECO has become a leader in providing deep multi-faceted analysis informing decision-making and developing effective plans and policies. We understand that businesses and governments face difficult decisions about how to make the best use of limited resources. We help our clients make thoughtful, data-driven decisions using tools and methods that meet the highest standards of best practice. At the core of everything we do is applied microeconomics. This perspective allows us to fully understand--and effectively communicate--the benefits, costs, and tradeoffs associated with any decision.

Our consultants have advanced degrees in a variety of fields, including economics, planning, and public policy; and work on projects ranging from strategy to implementation. On these projects, we provide a range of services, including economic development, natural resource economics, fiscal and economic impact analysis, land-use planning, housing policy analysis, urban and regional planning.

The EcoNW team is dedicated to helping communities define and achieve their goals, overcome challenges, and develop policies and plans informed by data analysis and supported by stakeholders. We have accumulated a wealth of knowledge from helping scores of jurisdictions and several team members have public sector experiences to draw from to help problem-solve and navigate complex political processes. EcoNW has a staff of over 60 people; personnel have advanced degrees and decades of work experience in community planning, economics, finance, and public policy. #11..
- 193 -

SOUTHWEST MODESTO PLAN 3. Approach  13

CITY OF MODESTO
Key Staff
Chris Blakney, Project Director, joined EcoNW in 2019. Chris' professional expertise is established at the cross-section of development economics and economic development. Chris works with a range of public and private sector clients to develop strategic actions that address challenging policy questions around affordable housing, land use, economic development, and growth management. Prior to joining EcoNW, Chris served as an in-house economist for a leading Architecture & Engineering firm advising architects on the economics of design alternatives. Chris has been an active member of the International Economic Development Council and the Commercial Real Estate Development Association (NAIOP).

Kryn Sausedo, Project Manager, has over ten years managing economic development projects in the public sector. Kryn has indepth knowledge of the unique challenges facing municipalities and the creative approaches that can be utilized to overcome funding gaps and regulatory barriers. He has worked with large brownfield redevelopments, business district revitalization, innovation-sector clusters, multi-family developments, and TOD strategies. In particular, he has utilized various incrementfinanced structures and partnered with public agencies and foundation partners to close project gaps. In recent years he has also applied these creative deal structures to community benefits agreements and workforce development plans.

Oscar Saucedo-Andrade, Associate, is a Project Associate at EcoNW with a professional focus at the confluence of land use and urban economics. His work at EcoNW is focused on public policy and the factors that drive real estate investments. Oscar works with both private and public sector clients to help them develop actionable solutions to challenging issues related to land use, economic development, and affordable housing.

Jennifer Cannon, Strategic Advisor, specializes in urban, transportation, and environmental planning. Prior to joining EcoNW, Jennifer was Policy Analyst for Kitsap County and a Senior Planner at the Tahoe Regional Planning Agency where she worked on a wide range of community development projects focused on policy and community engagement and transportation planning. Jennifer's work has included redevelopment of affordable housing policy to address the missing middle in the Tahoe Region, as well as managing the completion of an award-winning electric vehicle plan, delivering toolkits, conducting surveys, and contributing to the regional transportation plan. Jennifer serves on the ferry advisory committee for the Washington State Ferries.

Relevant Projects
Comprehensive Economic Development Strategy for
the City of John Day, Oregon. EcoNW led the creation
of an economic development strategy for the City of
John Day. As an initial step, EcoNW conducted several
detailed technical analyses to support the overall
strategy. These included an assessment of innovative
uses that were achievable in the context of the city’s
economic assets. Among these were a city-led effort
to foster a local greenhouse industry and an
exploration of housing policies to preserve housing
affordability and housing stock stability. The final
strategy, the John Day Community Investment
Strategy and its companion marketing prospectus,
charted a new path for the community. Due in part to
EcoNW‘s work, the City has secured several State and
Federal grants to build new transportation and
broadband internet projects.
#11..
- 194 -
14  3. Approach SOUTHWEST MODESTO PLAN

CITY OF MODESTO
Ashland Economic Diversification for the City of Ashland, Oregon. With the pandemic and wildfires having demonstrated the vulnerability of a small city to economic disruptions, EcoNW worked with the Ashland Chamber of Commerce to undertake an in depth quantitative and qualitative analysis of the local economy. This included review of demographic, employment and business data as well as dozens of stakeholder calls, multiple focus groups and a large survey. The result will be a strategy to help expand the employment base of the city to provide a more balanced and resilient economy.

Juniper Ridge Employment Area Market Analysis and Development Strategy for the City of Bend, Oregon. EcoNW led a consultant team tasked with assisting the City of Bend in the creation of a development strategy for the Juniper Ridge Employment Area. Juniper Ridge is a multiple hundred acre area in the city's northeast slated for a mix of uses. Although there are several prominent businesses that have located there, the area has largely remained underinvested. For this project, EcoNW conducted a market assessment to evaluate the potential for future economic development, engaged with local business leaders to identify opportunities and barriers to development, and crafted a succinct development strategy focused on identifying candidate uses, near-term implementation, and property disposition. This approach underscores the role of understanding land and facility needs of businesses and the linkage of economic development and on housing feasibility. #11..
- 195 -
SOUTHWEST MODESTO PLAN 3. Approach  15

CITY OF MODESTO
Work Scope
This chapter describes the PlaceWorks scope of services for the Southwest Modesto Plan. It follows closely the City’s Request for Proposals (RFP). For each task, we emphasize the key components of the scope, while providing meeting and deliverable details following the description.

This scope of work will result in a focused implementation plan for Southwest Modesto. It addresses all components requested in the RFP, including: a comprehensive public outreach and visioning process; recommendations for development for up to three opportunity sites; proposals for physical street improvements which will set the table for accessing grant funding; a review of infrastructure needs including integration of County-jurisdictional “islands” into the city; and attendance at public hearings for consideration of the plan elements. Within these tasks, the PlaceWorks team will be evaluating performance standards and barriers to affordable housing.

Our scope also includes tasks that are not explicitly asked for in the RFP, but that we thought important to include. These tasks are as follows: an evaluation of economic development issues in the Southwest area, which will inform the development of opportunity sites; and a task to create a Southwest Modesto Plan suitable for incorporation by reference into the upcoming General Plan Update. The planning effort will also incorporate findings and assessments that are tailored to HUD’s requirements for the Neighborhood Revitalization Strategy Area (NRSA) program, as described in tasks below.

We will work with City staff at every step to determine the best way to communicate with the community and stakeholders.

Our goal is to arrange information in easy-to-understand and graphically attractive formats that borrow from the General Plan Update yet stand apart as a separate effort – much as the Southwest area itself is part of the city but also has an independent identity.

We are flexible regarding the proposed scope of work and will work with you to prepare a more detailed work program if we are selected for this project. We also recognize that it may be necessary to refine the program as the project progresses and would be happy to work with you to ensure the successful completion of the project.

Kick-off Meeting and Project Management

1.1 Kick-off Meeting
In this meeting, PlaceWorks will clarify roles for project team members, identify concerns or issues, review expectations for the process and products, and review data needs. At this meeting, we will also confirm the community plan area boundary and discuss the approach to community outreach and public participation for the project.

Following the kick-off meeting, the PlaceWorks team will tour the planning area with City staff to review and discuss key issues and photograph existing conditions.

1.2 Project Management
In this task, the team will perform ongoing project management, including frequent check-ins with City staff, project status updates, and task-level progress reviews to ensure that the project remains on schedule and within budget. #11..
- 196 -
16  3. Approach SOUTHWEST MODESTO PLAN

CITY OF MODESTO
Task 1 Deliverables: Kick-off Meeting Agenda and Data Request; Monthly Invoices Visioning and Public Outreach

2.1 Outreach Strategy
As an initial phase of this task, we will create an Outreach Strategy for review and refinement in close collaboration with City staff. This section presents our initial ideas for a successful outreach strategy; however, we are very open to adjusting this approach to what will work best for Modesto.

The Outreach Strategy will:
 Describe outreach goals.
 Identify ways to engage underrepresented groups in the community, including providing materials and conducting meetings in multiple languages.
 Define public input channels by which to gather community opinions, such as workshops, pop-up events, stakeholder focus groups, and online engagement.
 Address the importance and logistics of virtual engagement, especially during and in the wake of the COVID-19 pandemic.
 Ensure coordination with the General Plan Update.
 Identify the outreach timeline.

While online engagement is a critical part of any planning effort, the pandemic has elevated the need for extremely effective virtual engagement. Although in-person community meetings are now being considered everywhere we work, we should recognize the benefits that on-line engagement can provide, even for non-English speaking and disadvantaged communities.

Every community is different and we welcome the discussion with City staff and on-the-ground stakeholders to determine the best process for Southwest Modesto.

2.2 Stakeholder Meetings
Our community engagement approach also includes a series of four stakeholder focus group meetings, which will provide an opportunity to reach different groups of interested parties efficiently. We often group together stakeholders such as developers, real estate professionals, and property owners together, for example. We will also want to ensure we talk with other City staff departments and public safety provides, as well as Stanislaus County staff. In order to address NRSA concerns, we will incorporate intermediary institutions such as Community Development Corporations [CDCs] and Community Development Financial Institutions [CDFIs] in outreach. We assume all stakeholder meetings will be virtual.

2.3 Public Workshops
We plan to organize and facilitate three major community meetings at times most conducive to participation. While the proposed workshop format will need to be refined with City staff, we have had success with this format:
 Workshop One: Southwest Modesto Vision. At this initial workshop, PlaceWorks will introduce the project to the community, providing background information about community plans and showcasing other successful community planning efforts. An interactive exercise to identify goals and opportunities will be a kay part of the workshop. This workshop will help the community to identify assets and desired outcomes from the planning effort.  Workshop Two: Plan Concepts. This workshop will show off concepts developed for the overall neighborhood as well as site plans for opportunity sites. Findings from the Economic Review task (see below) will be presented. We will also discuss opportunities for improving the circulation network for all users. #11..
- 197 -
SOUTHWEST MODESTO PLAN 3. Approach  17

CITY OF MODESTO
 Workshop Three: Southwest Modesto Plan Implementation. After a presentation on refined concepts for development and circulation, and a discussion of barriers to housing development in Southwest neighborhood, the project team will seek community input on priorities for implementation.

Task 2 Deliverables: Draft and Final Outreach Strategy; Stakeholder Meeting Agendas and Summaries; Outreach Flyer for each workshop; Workshop Presentations and Summaries.

Review of Economic Opportunities

3.1 Administrative Draft Review of Economic Opportunities The correlation of economic prosperity and housing is an often-overlooked part of neighborhood planning. Recent research from Harvard University’s Opportunity Insights Group has found that communities with opportunities for upward mobility demonstrate several core characteristics: lower levels of residential segregation, middle class aggregation, social capital, and public school performance. In this task, project team member EcoNW will complete an “asset mapping” assessment to characterize economic development opportunities in southwest Modesto. Strengths and weaknesses of the local economy and employment base and assess economic diversity impacting southwest Modesto will be considered. This evaluation will include a location quotient analysis of local industries to identify concentrations of skills and organizational expertise that could incubate new economic segments. EcoNW will then evaluate southwest Modesto with respect to the mobility characteristics discussed above alongside a review of housing stock and potential for workforce housing shortages, which can undercut wealth building among middle- and lower-income residents.

Building on analysis of area-wide characteristics, EcoNW will assess the competitive advantages and limitations of key opportunity sites in southwest Modesto that would impact the range of uses considered for these sites. They will use all the preceding research and analysis to present a range of targeted economic uses for the study area that are supported by existing assets and offer the potential to raise the economic profile of southwest Modesto.

3.2 Final Draft Review of Economic Opportunities
Following review by City staff and receipt of one set of compiled comments, EcoNW will revise the Admin Draft Review and create a final draft Review of Economic Opportunities, suitable for public review.

Task 3 Deliverables: Draft and Final Review of Economic Opportunities Residential Design Concepts
Using input from community engagement and the Review of Economic Opportunities task, PlaceWorks will develop concepts for up to two opportunity site areas in southwest Modesto. Each of these site areas will be prioritized by their potential suitability as an NRSA area. This task will result in an understanding of improvements that should be targeted for Southwest, as well as the barriers to achieving those improvements, and recommendations for overcoming those barriers.

4.1 Review of Plan Area Characteristics
The PlaceWorks team will analyze the existing physical conditions that will influence the development of concepts on the opportunity site areas. These will include location, surrounding land uses, proximity to schools and open space, circulation networks, and infrastructure issues. These issues will be summarized in a series of maps #11..
- 198 -
18  3. Approach SOUTHWEST MODESTO PLAN

CITY OF MODESTO

4.2 Opportunity Site Area Development Concepts
Following analysis, PlaceWorks’ urban design team will develop a set of concepts for each opportunity site area. These will be drawn to scale in plan and will indicate development type (i.e., single family residential, townhomes, etc.), number of units of each type, building heights, opportunities for additional uses such as retail, office or community space, site access and circulation, open space and landscape, and areas of parking spaces. Following review by City staff, PlaceWorks will refine the drawings and add color and labels and illustrate the development types with photographs of similar development. These materials will then be presented to the community in Community Workshop #2.

4.3 Identification of Barriers and Incentives
PlaceWorks will review and summarize physical and regulatory barriers to the creation of housing and other development. We will also review recent state and local legislation to find potential incentives to development, which may include funding sources, streamlined financing and other measures. PlaceWorks’ housing staff, who are statewide leaders in housing issues and currently helping administer Local Early Action Planning (LEAP) and Regional Early Action Planning (REAP) programs with California Housing and Community Development staff, will provide input on this task.

4.4 Review of Existing Standards and Processes
PlaceWorks will also review existing zoning standards and regulations for parking, parking configuration, building heights, setbacks, and other regulations. We will also review the entitlement process to understand if there are barriers in the review and permitting process. After identifying which standards and regulations create barriers to development, PlaceWorks will propose revisions to these standards, regulations, and processes.

4.5 Barriers and Opportunities Memorandum
PlaceWorks will create a draft memorandum summarizing the findings from previous tasks, including recommendations for revised standards, regulations, and processes. The memo will include assessments that align with NRSA assessment requirements, including ongoing or recent revitalization activities, access to employment, and housing challenges. Following review by City staff and receipt of one set of compiled comments, PlaceWorks will revise the draft memorandum and create a final draft Barriers and Opportunities Memorandum, suitable for public review.

Task 4 Deliverables: Maps showing Existing Conditions for Three Opportunity Sites; Draft and Final Concepts for Three Opportunity Sites; Draft and Final Barriers and Opportunities Memorandum Street Project Design

5.1 Focused Street Improvements
It is very likely that PlaceWorks will identify new street connections or improvements to existing streets resulting from the development of Residential Concepts on up to three opportunity sites in an earlier task. PlaceWorks’ urban designers will develop location maps and street sections that describe the potential improvements. These potential improvements will be developed in concept form and submitted to City staff for review prior to presentation at Public Workshops. The intention is that, if accepted by City staff and community, they would be included in Plan recommendations.

Task 5 Deliverables: Draft and Final Potential Street Connections and Improvements; Recommendations in the Circulation chapter in the Southwest Modesto Plan.
#11..
- 199 -
SOUTHWEST MODESTO PLAN 3. Approach  19

CITY OF MODESTO
Utility and Infrastructure Needs

6.1 Summary of Utility/Infrastructure Issues
Once the Residential Concept plans for opportunity sites are developed, PlaceWorks will summarize the utility and infrastructure issues for these projects, using information gathered from City public works and engineering staff. This will not include assessment or analysis, only a summary of likely issues that will need to be addressed during development of opportunity sites.

Task 6 Deliverables: Summary of Infrastructure and Utility Issues to be included in the Southwest Modesto Plan Southwest Modesto Plan

7.1 Administrative Draft Southwest Modesto Plan
In this task, PlaceWorks will prepare the Administrative Draft Southwest Modesto Plan. This plan will be a synthesis of all work to date from previous tasks. The intention is that the Plan will be a stand-alone document, recording the community’s input, the concepts developed during the process, the findings on barriers and opportunities from the team, community priorities, and measures for implementation.

We anticipate that key findings and recommendations from the Southwest Modesto Plan will be incorporated into the General Plan Update. For example, changes to land use designations will not be accomplished through the Southwest Modesto Plan, as there is no environmental review provided, but rather would be incorporated into the General Plan Update Land Use Element, which would be reviewed during the General Plan’s environmental review process.

7.2 Public Review Draft Southwest Modesto Plan
Following receipt of a single set of compiled comments from City staff, PlaceWorks will create a Public Review Draft Southwest Modesto Plan, suitable for use in the next task, Public Meetings and Adoption.

Task 7 Deliverables: Administrative Draft, Public Review Draft Southwest Modesto Plan Public Meetings and Adoption

8.1 Public Hearings
In this task, PlaceWorks will coordinate the presentation of the Southwest Modesto Plan with City staff. We will help present the Plan to both the Planning Commission and City Council and be available to answer questions. We assume no more than two hearings will be required.

8.2 Final Southwest Modesto Plan
We will incorporate comments from City Council to create a final Southwest Modesto Plan.

Task 8 Deliverables: Planning Commission and City Council Presentations; Final Southwest Modesto Plan #11..
- 200 -
20  3. Approach SOUTHWEST MODESTO PLAN

CITY OF MODESTO
#11..
- 201 -
24  3. Approach SOUTHWEST MODESTO PLAN

CITY OF MODESTO
#11..
- 202 -

RESUMES
#11..
- 203 -
#11..
- 204 -

BRUCE BRUBAKER, LEED AP
Principal, California Licensed Architect

EDUCATION
» Master of Architecture, University of
California, Berkeley
» Residential Course, International
Laboratory for Architecture and
Urban Design, Siena, Italy
» BS, Architecture, California
Polytechnic State University, San Luis
Obispo

REGISTRATIONS
» California Licensed Architect
#C22756

CERTIFICATIONS
» Leadership in Energy and
Environmental Design Accredited
Professional

AFFILIATIONS
» US Green Building Council
» Urban Land Institute
» Congress for the New Urbanism
Team member since 2006
Bruce has spent over 25 years shepherding urban design and architecture projects from conceptual designs through construction for public, commercial, and residential projects. His work has ranged in scale from regional blueprint plans to detailed multimodal street design projects. He is very interested in the middle scale of station area plans, downtown plans, and neighborhood plans, and he brings his understanding of the very small and the very big to the careful, complicated work of developing visions that generate excitement while being feasible in the real world.

Bruce is well known for innovative planning and design work on transit-oriented development projects in northern and southern California, and he is an accomplished practitioner of the principles of Crime Prevention Through Environmental Design (CPTED).

Bruce applies sustainable design principles to architectural projects that include energy efficiency, use of renewable and recycled materials, and healthy building principles. In addition, he is a highly collaborative facilitator and has successfully forged consensus in numerous public workshop settings. He is certified as a charrette planner by the National Charrette Institute and has led several projects incorporating multiday design charrettes for local and regional governments. Prior to joining PlaceWorks, Bruce was an associate with the architecture and urban design firm Lyndon/Buchanan Associates and had his own practice, Yellow Studio, focused on sustainable design.

HIGHLIGHTS OF EXPERIENCE

TRANSIT-ORIENTED DEVELOPMENT
» Millbrae Station Area Specific Plan, Millbrae CA
» Ventura/Kings Canyon Corridor Revitalization Project, Fresno County CA » Gilroy High-Speed Rail Station Area Plan, Gilroy CA
» Bergamot Area Plan, Santa Monica CA
» Fresno Southwest Specific Plan and Program EIR, Fresno CA » West Downtown Walnut Creek Specific Plan and EIR, Walnut Creek CA » Antelope Crossing Transformation Project, Citrus Heights CA » Ravenswood/Four Corners Specific Plan and EIR, East Palo Alto CA » Hillsdale Station Area Plan, San Mateo CA
» Upland Downtown Specific Plan, Upland CA
» Southeast Greenway GPA, Rezoning, and EIR, Santa Rosa CA » Bay Fair BART Station Area Improvement Plan, San Leandro CA » Area Two Concept Plan, Newark CA
» Santa Rosa Downtown Station Area Specific Plan, Santa Rosa CA

DOWNTOWN, NEIGHBORHOOD, AND AREA PLANS
» Ceres Downtown Specific Plan and EIR, Ceres CA
» West Broadway Urban Village Specific Plan, Seaside CA » San Antonio Precise Plan, Mountain View CA
» Suisun City Development Feasibility Analysis, Suisun City CA » Kentfield College Avenue Vision Plan, Kentfield CA
» Point Arena Action Plan, Mendocino County CA
#11..
- 205 -

BRUCE BRUBAKER
Principal
[email protected]
» Southwest Chico Neighborhood Plan, Chico CA
» California Avenue Master Plan, Fresno CA
» Downtown Gilroy High-Speed Rail Station Area Plan, Gilroy CA » Laytonville Traffic Calming and Downtown Revitalization: Planning for a Livable Community, Mendocino County CA

COMPLETE STREETS DESIGN AND MULTIMODAL PLANNING
» Central County Complete Streets, Alameda County CA
» MTC West San Carlos Master Streetscape Plan, San Jose CA » Harrison Street Corridor Plan, Oakland CA
» City of Alameda Community-Based Transportation Plan, Alameda CA » Santa Rosa Avenue Corridor Plan, Santa Rosa CA
» Regional Blueprint Planning Public Involvement and Outreach, Mendocino CA » Palm Springs Airport Shuttle Demonstration Project, Palm Springs CA

SITE PLANNING AND DESIGN
» Calpella Community Design Project, Mendocino County CA » Waterman Gardens Master Planning, San Bernardino CA
» Onizuka AFS Redevelopment Plan, Sunnyvale CA
» Davis Tools of Engagement/Concept Plans, Davis CA
» Miraflores Housing Development Site Plan and EIR, Richmond CA » Integrated Site Development Plan, Petaluma CA
» Downtown Infill Conceptual Building Designs, Lafayette CA » Marinwood Village Master Plan, San Rafael CA
» Urban Farm Design Service, Treasure Island, San Francisco CA » Tenaya Lodge Expansion Permitting and Site Planning Services, Mariposa County CA

COMPREHENSIVE PLANS
» Menlo Park General Plan and Zoning Update, Menlo Park CA » Vacaville General Plan Update and EIR, Vacaville CA
» Capitola General Plan Update and EIR, Capitola CA

SPEAKING ENGAGEMENTS
» “Not All TODs Are Alike,” 2010 APACA State Conference, Carlsbad CA AWARDS
» 2011 Comprehensive Planning Award for a Small Jurisdiction, APACA Central Section, Ceres Downtown Specific Plan
» 2010 SMART Ideas Competition Urban Design Award, AIA Redwood Empire Chapter and the Leadership Institute for Ecology and the Economy, Refarming Suburbia
» 2010 Focused Issue Planning Award, APACA Northern California Section, Bay Fair BART Station Area Improvement Plan
» 2008 Merit Award, APACA Northern California Section, Santa Rosa Downtown Station Area Specific Plan
» 2008 Honor Award, APA California Chapter, California Avenue Master Plan » 2010 Residential Preservation Award, Berkeley Architectural Heritage Association, Hurtig House
» 1990 Second Place, St. Vincent’s/Silviera Design Competition » 1991 Honorable Mention, Vietnam Women’s Memorial Competition » 1988 First Place Thomas Church Award, University of California, Berkeley

LEADERSHIP AND COMMUNITY
» Trails for Richmond Action Committee, Vice Chairman
#11..
- 206 -

JANET CHANG, AICP
Senior Associate
Janet is recognized for her ability to think both creatively and analytically about projects and for her skills in design, plan writing, virtual and in-person community outreach and engagement, workshop facilitation, and project management. She has a strong understanding of placemaking and strives toward fostering vibrant communities that incorporate quality development and multimodal accessibility.

Janet has robust experience in developing and managing Specific Plans for projects across California. She was the project manager for the Healdsburg North Entry Area Plan and Southwest Fresno Specific Plan.

HIGHLIGHTS OF EXPERIENCE

URBAN DESIGN AND SPECIFIC AREA PLANS
» Greater Higgins Area Plan, South Nevada County CA
» Serramonte Del Rey Precise Plan, Daly City CA
» Butte County Upper Ridge Community Plan, Butte County CA » North Entry Area Plan, Healdsburg CA
» Specific Plan for the Concord Naval Weapons Station, Concord CA » Southwest Fresno Specific Plan, Fresno CA
» Downtown Gilroy High-Speed Rail Station Area Plan, Gilroy CA

MULTIMODAL STREET PLANNING
» Centerville Complete Streets Project, Fremont CA
» Central County Complete Streets Implementation Plan, Alameda County CA » Highest and Best Use Curb Study, Emeryville CA
» Active Transportation and Safe Routes to School Plan, Avenal CA

OUTREACH AND ENGAGEMENT
» Hopkins Corridor Traffic and Placemaking Study, Berkeley CA » Fremont Boulevard Smart and Safe Corridor, Fremont CA » Downtown Parking Study, San Bruno CA

EDUCATION
» Master of City Planning,
Massachusetts Institute of
Technology
» BA, Architecture,
University of California, Berkeley

CERTIFICATIONS
» American Institute of Certified
Planners

AFFILIATIONS
» American Planning Association
Team member since 2015
#11..
- 207 -

JANET CHANG
Senior Associate
[email protected]
#11..
- 208 -

CHARLIE KNOX, AICP
Principal

EDUCATION
» MA, Communications,
University of Washington, Seattle
WA
» BA, English, Whitman College, Walla
Walla WA

CERTIFICATIONS
» American Institute of Certified
Planners

AFFILIATIONS
» American Planning Association
» Bay Area Planning Directors
Association
Team member since 2013
Charlie has more than 30 years of experience in public and private sector land use planning. He has a thorough understanding of how to manage and coordinate staff and consultant efforts to best serve municipal staff, citizens, City Councils, and commissions. Charlie‘s expertise includes shepherding high-profile projects through the entitlement process. He also specializes in developing sustainability and renewable energy initiatives, and in securing funding for their implementation. Prior to joining PlaceWorks, Charlie led the City of Benicia Public Works and Community Development Departments and used innovative leadership to provide superior customer service to residents despite resource constraints.

HIGHLIGHTS OF EXPERIENCE

COMPREHENSIVE PLANNING
» Menlo Park General Plan and Zoning Update, Menlo Park CA » Stockton 2035 General Plan Update, Stockton CA
» Vallejo Integrated Revitalization Program and Comprehensive General Plan Update, Vallejo CA
» Livermore Housing Element Implementation and Environmental Review, Livermore CA
» Marin Countywide Plan, Marin County CA
» Ventura General Plan, San Buenaventura CA
» Pleasant Hill General Plan, Pleasant Hill CA
» Morgan Hill General Plan, Morgan Hill CA
» Citrus Heights General Plan, Citrus Heights CA
» Cotati General Plan Background Report, Cotati CA
» Sonoma General Plan and EIR, Sonoma CA

SPECIFIC PLANS AND ZONING
» Oroville Sustainable Code Update and Climate Action Plan, Oroville CA » Marinship Specific Plan Assessment and Evaluation, Sausalito CA » Benicia Downtown Mixed Use Master Plan, Benicia CA
» Cotati Downtown Specific Plan, Cotati CA
» Morros Area Specific Plan, San Luis Obispo County CA
» San Miguel County Land Use Code, San Miguel County CO

ENTITLEMENTS
» Fourth and University Project, Berkeley CA
» Bayside Village Project, Hercules CA
» Mountain Village Subdivision (Now Incorporated), Telluride CO » Aldasoro Ranch Subdivision, Telluride CO
» Lawson Hill Mixed-Use and Affordable Housing Subdivision, Telluride CO » Telluride Ski Area Expansion, Telluride CO

MUNICIPAL ADMINISTRATION
» Benicia Strategic Plan, Benicia CA
» City of Benicia/Solano County GIS Data-Sharing Platform, Benicia CA #11..
- 209 -

CHARLIE KNOX
Principal
[email protected]

PUBLIC WORKS PROJECTS
» Telluride/Mountain Village Gondola Transportation System, Telluride CO » Benicia High School Traffic Signal and Safety Enhancement Project, Benicia CA » Interstate 780 Rose Drive Overcrossing Project, Benicia CA » Benicia/Martinez Bridge-Bay Area Ridge Trail Connector, Benicia CA » SolTrans Route 78 and Pedestrian Safety Support Project with the Solano Transportation Authority, Benicia CA

SUSTAINABILITY INITIATIVES
» Sustainable Communities Strategy Base-Case Scenario and Implementation Project, Monterey Bay Area CA
» Vulnerability Assessment and Adaptation Plan, Benicia CA » Renewable Energy and Conservation Project, Benicia CA » Electric Vehicle Fast Charger and Solar Battery Backup Project, Benicia CA » Valero Benicia Refinery Flue Gas Scrubber, Benicia CA » Valero/Good Neighbor Steering Committee Settlement Agreement, Benicia CA » Benicia Boatyard Marine Debris Cleanup, Benicia CA

PUBLICATIONS
» California General Plan Glossary, Governor’s Office of Planning and Research, 1991

SPEAKING ENGAGEMENTS
» Panelist, “The Future of Smart Cities,” Redefining Mobility Summit, San Ramon, CA 2017
» “Planning 2.0: The Drivers of Regional and Global Change and Land Use Innovation,” Plenary Lunch, 2015 APA California Annual Conference, Oakland CA » “Company Town 2.0: How Facebook and Google are Rethinking the Corporate Campus,” Mobile Workshop, 2015 APA California Annual Conference, Oakland CA » The Elephant NOT in the Room: Documenting the Silent Majority, 2014 League of California Cities Annual Conference, Los Angeles

LEADERSHIP & COMMUNITY
» Bay Area Planning Director’s Association, Steering Committee Member, 2006 to Present
» Association of Bay Area Governments, Regional Planning Commissioner, 2009 to 2011

TEACHING
» “GIS for Planners,” Cal Poly San Luis Obispo, 2000 to 2003 AWARDS
» 2019 APA CA Statewide and Sacramento Valley Section, Comprehensive Planning Award: Large Jurisdiction, Envision Stockton 2040 General Plan » 2018 APA CA Northern Section, Comprehensive Planning Award: Large Jurisdiction, Propel Vallejo General Plan 2040
» 2013 Green California Leadership, Benicia Renewable Energy Project » 2011 California Preservation Foundation, Benicia Historic Context Statement » 2010 California State Legislature Transportation Safety Project, Rose Drive Bridge » 2008 APA National Planning Excellence Award for Implementation, Marin Countywide Plan
» 2008 APA CA Comprehensive Planning, Marin Countywide Plan » 2008 Form Based Codes Institute, Downtown Benicia Master Plan » 2001 APA CA Outstanding Planning, Citrus Heights General Plan » 1999 National Association of Counties, Watershed Protection » 1998 US EPA Environmental Achievement, Watershed Protection » 1993 US EPA Outstanding Achievement, Wetlands Protection » 1992 APA Colorado Outstanding Planning, Wetlands Regulations #11..
- 210 -

SCOTT ASHLOCK, ASLA
Associate Principal
Scott’s background in architecture and landscape architecture and his savvy technological skills make him well versed in the nuts and bolts of design. He is adept at tackling a variety of complex issues, but his passion lies with landscape architecture and how to address the natural and built environment, from large master-planned communities to specific site designs. Scott’s interest in exploring communities led him across the nation and to Europe and the Mediterranean. He uses this experience to introduce new or different ways of problem solving for designs. He incorporates principles of Asian landscape design; drought-tolerant landscapes; California native plantings; and demonstration, educational, and healing gardens. His vigorous desire to expand his knowledge and the multifaceted perspective he gained from other cultures and cities make his approach to any project exciting and remarkable.

Scott’s skill with Adobe Creative Suite, ArcGIS, AutoCAD, 3DS Max, and SketchUp has made him a “wearer of many hats.” He also has extensive experience handling construction documents, planting plans, and site designs and has worked with contractors and crews to ensure that the design intent and vision of a project are captured. Scott develops creative design solutions and carries them forward from concept to project completion. For CEQA/NEPA documentation, he leads his group’s efforts in Visual Impact Analysis, which consists of visual simulations and shade & shadow and light & glare analyses, with capabilities in drone photography and videography.

HIGHLIGHTS OF EXPERIENCE

MASTER PLANS
» Irvine Company Community Master Planning | Irvine CA
» Tesoro Viejo Master Plan | Madera CA
» Skyline Ranch Master Plan | Los Angeles County CA
» Berge Val Vista Master Plan | Gilbert AZ
» Waterston Master Plan | Gilbert AZ
» Brookside Master Plan | Walnut CA
» Lost Canyon Master Plan and video modeling simulation | Simi Valley CA » Daybreak Reno Master Plan and video modeling simulation | Reno NV » Natomas Meadows Master Plan | Natomas CA
» Hawks Ridge Master Plan | Duvall WA
» Tesoro Del Valle Master Plan | Los Angeles County CA
» Mission Bay Park Master Plan Amendment | San Diego CA » Centennial New Town Master Plan | County of Los Angeles CA » Newhall Ranch Master Plan | County of Los Angeles CA
» Calimesa Creek Master Plan | Calimesa CA

SPECIFIC PLANS AND OTHER PLANNING SERVICES
» Westminster Mall Specific Plan | Westminster CA
» Millerton Lake Specific Plan | Fresno County CA
» West Ming Specific Plan | Bakersfield CA
» Meadowood Specific Plan | San Diego County CA
» Angels Crossing Specific Plan | Stanislaus County CA

EDUCATION
» BS, Landscape Architecture, California
State Polytechnic University, Pomona

REGISTRATIONS
» Licensed Landscape Architect in
California, No. 6177

AFFILIATIONS
» Urban Land Institute
» American Society of Landscape
Architects
Team member since 2011
#11..
- 211 -

SCOTT ASHLOCK
Associate Principal
[email protected]
» Butterfield Specific Plan | Banning CA
» South West Village Specific Plan | San Diego CA
» NorthLake Specific Plan | Los Angeles County CA
» De Anza Park Revitalization Plan | San Diego CA
» Tesoro Viejo Site Planning| Madera CA
» Greenspot Specific Plan | Highland CA
» CollegeTown Specific Plan | Fullerton CA
» French Valley Specific Plan | County of Riverside CA
» Garrett Ranch Specific Plan | Hemet CA
» Mill Creek Specific Plan | Chino CA
» Arbor Vista Specific Plan | Temecula CA
» Renaissance Specific Plan | Rialto CA
» Seven Oaks Business Park Design Guidelines | Bakersfield CA » March Airforce Base Joint Powers Association Design Charrette | Riverside CA » Carmenita Truck Center Planning Services | Santa Fe Springs CA » Desert Horizons Community Amenity Planning | Indian Wells CA

CORRIDOR PLANNING AND TRANSIT-ORIENTED DEVELOPMENT
» San Bernardino Transportation-Oriented Development | San Bernardino CA » Beach Boulevard Corridor Fly-through Model | Buena Park CA » Highland Baseline Corridor Fly-through Model | Highland CA » Harbor Boulevard Corridor Plan and Vision | Santa Ana CA

VISUAL IMPACT ANALYSIS
» Yorba Linda High School Pool Lighting | Yorba Linda CA » The Forum Lighting and View Shed Analysis | Inglewood CA AWARDS
» 2016 Innovation in Green Community Planning for the Tesoro Viejo Plan | APACA, Central Section
» 2010 Water Feature Design Competition | Aquatic Technologies #11..
- 212 -

AMY SINSHEIMER, AICP
Senior Associate

EDUCATION
» MA, City and Regional Planning
Cal Poly San Luis Obispo
» BS, Conservation and Resource
Studies, University of California,
Berkeley

CERTIFICATIONS
» American Institute of Certified
Planners #021534

AFFILIATIONS
» American Planning Association
» California Nativve Plant Society
Team member since 2018
Amy has over 15 years of experience managing and preparing long-range planning and policy documents, with a specialty in housing. She has significant experience in public outreach for complex projects involving multiple agencies, stakeholders, and team members. Amy prepared housing elements during the 3rd, 4th, 5th, and 6th cycles and has worked closely with staff at the California Department of Housing and Community Development to achieve certification for her clients. In the 5th cycle alone, she worked on more than 30 housing elements in the 5th cycle. Amy has also prepared housing element program implementation documents. She also has extensive zoning experience, including the preparation of conventional, form-based, and hybrid zoning codes, as well as zoning regulations in California’s coastal zone.

HIGHLIGHTS OF EXPERIENCE
» Arroyo Grande Housing Element Update, Arroyo Grande CA » Grover Beach Housing Element Update, Grover Beach CA
» Plan Morro Bay, Morro Bay CA
» Morro Bay Housing Element Update, Morro Bay CA
» Tuolumne County Zoning Code Update, Tuolumne County CA » Pismo Beach Low-Cost Visitor-Serving Accommodation Study, Pismo Beach CA » Pismo Beach Housing Element Update, Pismo Beach CA
» San Luis Obispo County General Plan Housing Element Update, San Luis Obispo CA » Needles Mid-Cycle Housing Element, Needles CA
» Oxnard Housing Element Update, Oxnard CA
» South Lake Tahoe Housing Element Update, South Lake Tahoe CA

PRIOR EXPERIENCE

HOUSING ELEMENT UPDATES
» Amador County
» City of Arroyo Grande
» City of Auburn
» City of Biggs
» City of Compton
» City of Crescent City
» City of Dixon
» Town of Fairfax
» City of Grover Beach
» City of Ione
» City of Jackson
» Kern County
» Lassen County
» City of Lodi
» Town of Mammoth
Lakes
» City of Marysville
» City of Morro Bay
» City of Needles
» City of Orland
» City of Oxnard
» Town of Paradise
» City of Pismo Beach
» City of Plymouth
» City of Ridgecrest
» City of Riverside
» Riverside County
» San Luis Obispo County
» Solano County
» City of Soledad
» City of South Lake Tahoe
» Stanislaus County
» City of Sutter Creek
» City of Temecula
» Trinity County
» City of Wasco
» City of Yreka
» City of Yuba City
» Yuba County
#11..
- 213 -

AMY SINSHEIMER
Senior Associate
[email protected]
HOUSING IMPLEMENTATION – ZONING ORDINANCE AMENDMENTS
» City of Holtville
» City of Marysville
» City of Monterey
» City of Morro Bay
» City of Oxnard
» City of Riverside

OTHER PROJECTS
» Kern County Consolidated Plan and Analysis of Impediments to Fair Housing, Kern County CA
» Stanislaus County Consolidated Plan and Analysis of Impediments to Fair Housing, Stanislaus County CA
» Monterey Short-Term Rental Analysis, Monterey CA
» South Lake Tahoe Vacation Home Rentals Socioeconomic Impact Study, City of South Lake Tahoe CA
» Morro Bay General Plan and Local Coastal Program, Morro Bay CA » Lancaster Community Homelessness Plan, Lancaster CA
» Beverly Hills Affordable Housing Assistance and Program Guidelines, Beverly Hills CA » San Luis Obispo Subdivision Regulations, San Luis Obispo CA » San Luis Obispo Downtown Concept Plan, San Luis Obispo CA AWARDS
» 2011 Best Public Participation/Education Program Award, APA AZ, Flagstaff Zoning Ordinance Update
» 2011 Driehaus Award for Excellence in Writing and Implementation of FormBased Codes, Form-Based Codes Institute, Livermore Development Code Update #11..
- 214 -
Chris Blakney, Project Director
Chris joined ECONorthwest as a Project Director in 2019. Chris’ professional expertise is established at the cross-section of development economics and economic development. Chris works with a range of public and private sector clients to develop strategic actions that address challenging policy questions around affordable housing, land use, economic development, and growth management.

Prior to joining ECONorthwest, Chris served as an in-house economist for a leading Architecture & Engineering firm advising architects on the economics of design alternatives. Chris has been an active member of the International Economic Development Council, the Urban Land Institute, and the Commercial Real Estate Development Association (NAIOP).

REPRESENTATIVE PROJECTS
Chris has served as Project Director on the following projects, unless otherwise noted:
§ 2021–2029 Housing Element Update—Alhambra, CA (Ongoing).

Chris is leading the 6th Cycle Housing Element Update for the City of Alhambra. Serving as Project Director of the analysis, Chris is leading stakeholder outreach and is overseeing the project. § Comprehensive Affordable Housing Strategy—Bakersfield, CA (Ongoing). Chris is leading a project for the City of Bakersfield to develop a comprehensive affordable housing strategy and housing production programs. Project components include establishing an affordable housing trust fund, and developer fee assistance program, an affordable ADU program, and spatial analysis of naturally occurring affordable housing and affordable housing site suitability. § Affordable Housing Strategy—Brisbane, CA (Ongoing). Chris is currently leading a project in Brisbane to assess affordable housing strategies. The project is assessing the interaction of the City’s inclusionary housing and density bonus ordinances and community benefits agreement negations with the developer of a new district in the Baylands Subarea.
§ University Village Market Analysis—Redlands, CA (Ongoing).

Chris is the financial market analysis lead for a development team that will be redeveloping the 30-acre University Village site at the University of Redlands.

Education
B.A. Economics (Cum Laude)
Pacific Lutheran University
(Emphasis in Mathematics
and Domestic Policy)
Certificate in Economic
Development, University of
Oklahoma Economic
Development Institute
Years at ECONorthwest: 2
Years in Industry: 17
Areas of Expertise
Economic Opportunities
Analysis
Economic Impact Analysis
Real Estate Market Analysis
Affordable Housing
Housing Element Updates
Employment Site Analysis
Economic Development
#11..
- 215 -
§ 21 Elements California RHNA Support—Portland, OR (Ongoing). Working with Baird + Driskell Consulting and MapCraft, ECONorthwest is evaluating the potential housing unit production and fiscal impacts of 10 different land use and zoning policy changes for 18 jurisdictions in San Mateo County, California. Chris is a strategic advisor for the project and is assisting with strategy framework and fiscal impact analysis. § Parametric Modeling Framework—Gateway Cities COG (Ongoing). Chris is leading ECONorthwest’s team as a sub to IBI Group to provide funding, market, and feasibility analysis to identify opportunity sites and model future development to help the Gateway Cities COG evaluate the efficacy of housing and infrastructure policies contemplated by local jurisdictions within the subregion.
§ Portland Marine Industrial Land Analysis—Portland, OR (Ongoing). In support of the City’s periodic Economic Opportunities Analysis, Chris is currently leading a study of the demand for marine-dependent industrial land along the Columbia and Willamette Rivers.

Our analysis includes an evaluation of marine cargo trends and their influence on land demand characteristics alongside an analysis of the Portland Harbor Land’s competitiveness in meeting identified demand.
§ TriMet Southwest Corridor Planning—Portland, OR (2018-2020). TriMet is currently planning the alignment of a new light rail connection extending from downtown Portland through the southwest quadrant of the metro area. As a part of a larger planning effort to study TOD opportunities along the preferred alignment, Chris assisted in writing a whitepaper evaluating the feasibility of utilizing the sale of air-rights to catalyze higher density development in station areas.
§ Sound Transit Lot P Market Analysis—Bothell, WA (2021). Chris led a market analysis of residential and commercial development forms to assess affordable housing funding alternatives and market penitential on a TOD site in Bothell, WA § Koreatown Market Analysis—Los Angeles, CA (2021). Chris led an analysis exploring redevelopment potential of a TOD site in Los Angeles’ Koreatown District. The analysis evaluated market potential and financial feasibility of varying development programs along with an assessment of potential for TOC density bonuses. § King City TSP and Land Use Refinement—King City, OR (2020). On a team led by DKS, ECONorthwest prepared a market analysis of commercial and residential uses in the King City UR6D Expansion Area. The market study informed the broader TSP study by confirming the market potential and densities for uses identified in the area’s Concept Plan. § Rossman Redevelopment Site Market Analysis—Oregon City, OR (2020). As a part of a master plan effort, Chris led a market analysis studying residential and commercial development opportunities for the redevelopment of a 70-acre landfill site in Oregon City, OR. The project informed negotiations with the City for using Urban Renewal to assist with infrastructure and site remediation.
#11..
- 216 -
Kryn Sausedo, Sr. Project Manager
With over ten years of managing economic development projects in the public sector, Kryn has in-depth knowledge of the unique challenges facing municipalities and the creative approaches that can be utilized to overcome funding gaps and regulatory barriers. He has worked with large brownfield redevelopments, business district revitalization, innovation-sector clusters, multi-family developments, and TOD strategies. In particular, he has utilized various incrementfinanced structures and partnered with public agencies and foundation partners to close project gaps. In recent years he has also applied these creative deal structures to community benefits agreements and workforce development plans.

The economic landscape in 2020 presented a series of severe challenges for small businesses, and Kryn helped oversee programs that worked with businesses, particularly women and BIPOC-owned enterprises, to pivot and adapt to the new business climate.

REPRESENTATIVE PROJECTS
Kryn is currently or has served as a Project Manager on the following projects:
§ COVID-19 Recovery Plan-Statewide, OR (2021-Ongoing). The Oregon Business Development Department ("Business Oregon" or "Department"), with support from the United States Economic Development Administration (EDA), is undertaking a COVID-19 economic recovery plan that will provide a roadmap that guides Business Oregon's efforts in contributing to statewide economic recovery. This includes an in-depth analysis of the regions, industries, and workforce most affected by COVID-19 and strategies for urban and rural communities to return to a more equitable and resilient economy. Best practices from across the country are being woven into the plan and recommendations for how existing state programs could be best leveraged are being developed.
§ WA Business Competitiveness Study—Statewide, WA (2021- Ongoing). Producing a study describing the current conditions of Washington’s Economy, focusing on trends, Business
Competitiveness, and how the state ranks nationally and with comparable regions using key areas of comparison. This study includes an opportunity and threat gap analysis. This effort is predicated on the objectives for Washington’s economy: strong, quality, and equitable growth.

Education
Master of Public
Management, Carnegie
Mellon University, H. John
Heinz School of Public Policy
and Management
B.A. International Studies
University of Wisconsin -
Madison
Years in Industry: 11
Certifications:

Project Management
Professional (PMP)
LEED Green Associate
Areas of Expertise:

Real Estate Investment
Equitable TOD
Public Finance
Value Capture
Economic Development
Increment Financing
Development and
Redevelopment Economics
Infrastructure Funding and
Funding
Urban Renewal
Small Business Development
Community Benefits
Agreements
BIPOC/Women-Owned
Business Support
Business District Support
Brownfield Development
#11..
- 217 -
ECONorthwest 2
§ Better Red Station Area Planning, TriMet—Portland, OR (Ongoing). The overarching purpose of the Better Red Station Area Planning project is to stimulate catalytic projects that will shape growth on the MAX Red Line extending from the Portland International Airport through Downtown Portland to the City of Hillsboro. These projects will build on TriMet's long tradition of Transit-Oriented Development (TOD), with a focus on equitable development outcomes. ECONorthwest is leading a team to complete a range of station area planning projects for prioritized MAX Red Line stations, in partnership with TriMet. These projects will range from joint development feasibility analysis and massing studies to development barriers and community gap analyses.
§ Get Online, Grow Online E-Commerce Program—Pittsburgh, PA (2021). To help small businesses adjust to pandemic restrictions, this program was developed to assist neighborhoodserving businesses to shift to online marketing and sales. This program served over a hundred businesses, with a majority being BIPOC and women-owned businesses. § Max Red Line TOD & Station Area Planning—Portland, OR (2021). This project spans four jurisdictions and eight sites, each with its own history and development context. This project delivered Transit-Oriented Development strategies that anticipate and meet the analysis, iteration, and deliverable needs of stakeholders.
§ Penn Plaza Community Benefits Agreement—Pittsburgh, PA (2019-2020). A nine-acre site that became the focal point in the discussion around development and displacement, this project resulted in a $10M borrowing in which 50% of the funds went to park and affordable housing. § Harvard-Beatty Street Infrastructure and Affordable Housing—Pittsburgh, PA (2018-2020).

Partnered with an affordable housing developer to add 47 residential units to the abandoned surface parking lot. Reviewed project budgets for both sites and was part of a combined project design and review committee—managed the public process of adding two new full-depth streets to unlock the site.
§ East Liberty TRID—Pittsburgh, PA (2015-2020). Helped create and managed Pennsylvania’s only Transit Revitalization Investment District. This TOD project leveraged over $250M in private investment to rebuild a bus-rapid transit station, add surrounding public infrastructure, and fill the funding gap on affordable housing projects. § Beechview Business District Implementation—Pittsburgh, PA (2013-2020). Partnered Managed site disposition process on multiple development projects. The process included underwriting of pro formas to assure project viability. Partnered with community groups, elected officials, and developers to execute a gradual business district revival. Projects included business façade improvements, strategic demolitions, mixed-use development, public art, and the development of a Latinx-focused co-working space.
§ Bakery Square 2.0—Pittsburgh, PA (2011-2019). Secured federal funding and oversaw public infrastructure improvements that unlocked vacant public sites allowing the development of over 400,000 sf of office space for Google and Phillips in the urban core of Pittsburgh. § Hazelwood-Almono TIF District—Pittsburgh, PA (2015-2019). This $80M redevelopment area and TIF district have helped a 178-acre former steel mill site to transform into an advanced manufacturing hub with over 260k in flex-industrial space. Participation included a review of public and private investments onto the site. Assistance with TIF requirements and state grants was ongoing over many years.
#11..
- 218 -
Oscar Saucedo-Andrade, Project Associate
Oscar joined ECONorthwest as a project associate in 2019. He specializes in transportation and land use planning, research, and policy analysis, across a variety of economic, social, and urban development projects. Prior to joining ECONorthwest, Oscar worked in the Transportation Department for the City of Boulder, where he specialized in spatial and data analysis, graphic design, multimodal transportation planning, and community involvement. His recent work experience includes demographic and data analysis and equitable economic development for the City of Portland.

REPRESENTATIVE PROJECTS
Oscar has served as Project Associate on the following projects, unless otherwise noted:

Real Estate Analytics
§ West Seattle & Ballad Light Rail Link Extension—Seattle, WA (Ongoing). Analyzing TOD opportunities and development
feasibility to support transit and agency joint development efforts for disposal of transit right-of-way for the development of affordable housing.
§ Seattle Design Review Program Evaluation—Seattle, WA (2019).

Project Manager. Analyzed land use and design review process for private development projects to evaluate effects of a newly passed ordinance intended to reduce review and to permit time. Key recommendations include identifying opportunities for
improvements in the development review process.
§ 47 N Business Park Feasibility—Cle Elum, WA (2019).

Project Manager. Analyzed commercial potential that could be built on a master-planned community. Developed a conceptual site plan of potential uses.
§ Portland Neighborhood Rent Model—Portland, OR (2019).

Developed a tool to identify parcels in the Portland MSA with opportunities for residential redevelopment based on allowable development entitlements and forecasted rents.

Education
M.U.R.P. Portland State
University
B.EnvD. Sustainable Planning
and Design, University of
Colorado Boulder
Years at ECONorthwest: 2
Years in Industry: 6
Areas of Expertise:

Transportation
Land Use Planning
Housing Policy Analysis
#11..
- 219 -
ECONorthwest 2
Community and Economic Development
§ Normandy Park Economic Assessment—Normandy, WA (Ongoing). Providing market analysis, opportunities, and barriers assessment, and recommendations for the City of Normandy to encourage local retail and commercial investment at key commercial centers. § Hillsboro Block 67 Housing Analysis—Hillsboro, OR (Ongoing).

Conducting market analysis to help the City of Hillsboro identify development opportunities for Block 67 in its Downtown core. A financial feasibility analysis will also help the City understand any financial barriers and possible regulatory incentives for achieving its desired development goals.
§ Grand Ronde Casino Feasibility—Wood Village, OR (Ongoing).

Providing market analysis and conduct a community and municipal impacts study for a proposed tribal casino.
§ Tigard Washington Square Regional Center Update—Tigard, OR (Ongoing).

Co-Project Manager. Providing market analysis, feasibility analysis, land use code audit, and residential displacement analysis to update land use and regulatory framework for the regional center.
§ Wailuku—Kahului TOD Corridor Planning—Kahului, HI (Ongoing).

Providing market analysis and affordable housing analysis to inform strategies and programs for economic development and increasing affordable housing in the TOD corridor. The market analysis will also help inform future development opportunities as well as funding strategies and partnerships to move the plan’s vision to reality. § Kent Industrial Valley Subarea Plan—Kent, WA (2021). Evaluated policy options and conducted land use analysis to provide recommendations to revise use allowances and development standards in the Kent Valley Industrial District. § Affordable Housing for Active-Duty Service Members—Lakewood, OR (2020). Provided support for a housing needs assessment for active-duty service members in the Joint Base Lewis-McChord military installation.
§ Juniper Ridge Market Assessment—Bend, OR (2020). Provided market analysis, opportunities and barriers assessment, and a development strategy framework for an employment subarea in the City of Bend.
§ Prosper Portland Neighborhood Prosperity Network Economic Development Assessment—Portland, OR (2020). Project Manager. Conducted market analysis and evaluating opportunities for equitable economic development in seven priority neighborhood commercial districts. Provide program and investment recommendations to districts and Prosper Portland to advance equitable economic development goals. § Grants Pass Area-Wide Brownfields Plan—Grants Pass, OR (2019). Provided market analysis and redevelopment strategies for an employment subarea in the City of Grants Pass. Conducting development feasibility analysis of industrial development prototypes to inform a funding and redevelopment strategy.
#11..
- 220 -
Oct 2020
Jennifer Cannon, Project Manager, Planner
Jennifer is a Project Manager and dynamic Planner at ECONorthwest with 15 years of experience working in the public and private sectors on environmental, community development, and land planning projects. Jennifer specializes in equitable housing development, policy evaluation, economic development, and land use and transportation planning. At ECONorthwest, she has led numerous projects analyzing policies and developing strategic plans to support affordable housing and missing middle housing development, economic development, community resiliency, and equitable transitoriented development. She has helped dozens of jurisdictions develop Housing Action Plans and is currently serving as an advisor for the AARP Livable Communities Program. Jennifer was a Policy Analyst for Kitsap County and a Senior Planner at the Tahoe Regional Planning Agency, where she led robust community engagement emphasizing inclusive involvement and successfully achieved major plan updates covering diverse topics, including land development regulations. Jennifer is a certified planner and GIS professional and currently serves as a county representative for a local chapter of the American Planning Association.

REPRESENTATIVE PROJECTS
Housing
§ Redmond Housing Action Plan—City of Redmond, WA (2021).

Jennifer managed the completion of a housing inventory and market analysis assessing housing needs. We engaged communities on housing issues to inform decision-making and build community awareness (focus groups, online survey) and analyzed existing housing policies/programs to inform action. An action plan was developed based on robust housing needs analysis, policy evaluation, and public input and it was approved ahead of schedule. § Bonney Lake/Sumner Housing Action Plan—Cities of Bonney Lake and Sumner, WA (2020-2021). In partnership with LDC, ECONorthwest prepared a housing needs assessment to inform how best to meet future housing demand. Supported ongoing stakeholder group engagement, analyzed different housing program options quantitatively and qualitatively, and developing strategies for the housing action plans.

Education
M.P.H. College of Public
Health and Health
Professions,
University of Florida
M.U.R.P. College of Design,
Construction and Planning,
University of Florida
B.A. Environmental Policy
and Planning, Huxley
College of the Environment,
Western Washington
University
Years at ECONorthwest: 2
Years in Industry: 15
Certifications
AICP
FEMA Emergency
Preparedness
GIS Professional
Areas of Expertise
Housing Affordability
Land Use/Community
Planning
Policy/Program
Development
Transportation Planning
Public Engagement
Economic Development
Environmental Planning and
Review
#11..
- 221 -
ECONorthwest 2
§ Oregon Agriculture Worker Housing Study—Oregon Housing and Community Services (OHCS)—various counties in Oregon (2019- Ongoing). As a part of an interdisciplinary team led by Stramberger Outreach Consulting, ECO is assisting OHCS by analyzing current information on housing needs and barriers of agricultural workers in a specific four-county area including Hood River, Marion, Morrow, and Yamhill Counties. The purpose of this study is to understand the agricultural worker and employer perspectives and needs, assess the current housing gap and future gap (next five years), highlight best practices for successful agricultural workforce housing projects, and develop recommendations for housing need by county and to address ways to reduce barriers to housing access, and support potential partnerships to address housing needs. ECO helped develop the research plan for interviewing farmworkers and employers and is supporting the analysis of data to describe farmworker housing needs and gaps and development of recommendations. § University Place Housing Action Plan—University Place, WA (2020–2021). In partnership with LDC, ECO delivered a housing needs assessment analyzing population, commuting, housing, and employment trends and projections. Developed housing action plan strategies to increase housing variety addressing unmet needs, support the City's participation in a regional affordable housing consortium, and equitable transit-oriented development.

Jennifer served as the ECONorthwest project manager for this project. § Tukwila Housing Action Plan—Tukwila, WA (2020–2021). ECO assessed housing needs and gaps based on community, the housing market, commuting, and job trends. Assessed the existing plans and policies associated with housing to inform actions. § Auburn Housing Action Plan—Tukwila, WA (2020–2021). ECO assessed housing needs and gaps based on community, the housing market, commuting, and job trends. We also assessed the existing plans and policies associated with housing to inform areas of improvement and needed housing actions and highlighted Comprehensive Plan updates to consider, based on the Housing Action Plan work.
§ Burien Housing Action Plan—Burien, WA (2020–2020). ECO assessed population, commuting, and employment trends and projections and different strategies to increase housing variety and meet needs. We supported the environmental review of strategies. § City of Tacoma Disparity Study—Tacoma, WA (2021). The City was seeking to answer two important housing equity questions. First, they wanted to better understand the disparity in homeownership by race. Secondly, they wanted to know whether the homeownership assistance programs that are offered are successfully reducing racial housing inequities and serving their intended audiences. To address these questions, the team has analyzed homeownership disparities, interviewed stakeholders, and developed recommendations based on an equity lens approach. Jennifer served as the project manager for this project. #11..
- 222 -
Provost & Pritchard Consulting Group – Resume for Heather Bashian, PE Page 2 of 2 years, and included such duties as overseeing construction management, consulting on program impacts, and grant assistance. The program resulted in policy changes, community participation on a broad scale, and implementation of several milestone projects for the City.

Water Master Plan, City of Clovis, California, Project Engineer – The project involved preparing a water master plan for the City of Clovis with an ultimate planning horizon of more than 60 years and an intermediate planning horizon of 20 years. The plan discusses current and projected supplies and demands including a sustainable approach to water supplies utilizing groundwater, surface water and recycled water. The plan reviews past conservation methods that have been implemented as well as continued conservation methods necessary to meet future demands. The final chapters discuss capital improvement needs to maintain operations as the community grows.

The capital improvement plan is presented in two ways: (1) divided based on subareas within the City and (2) divided on time-based phasing through buildout of the community. The Plan was adopted in summer 2018.

Recycled Water Master Plan, City of Clovis, California, Project Engineer – The project included preparing a recycled water master plan that correlates with the City’s water and wastewater master plans. The plan includes a discussion of existing and future uses of recycled water by the City, methods to utilize recycled water to be more sustainable and a capital improvement plan to address conveyance and ongoing use of the system. The capital improvement plan is presented through buildout of the City and separated by phases based on anticipated growth within the City over the next 20-years and when new demands will be realized. The plan was adopted in summer 2018. 2015 Urban Water Management Plan, Bakman Water Company, Fresno, California, Project Engineer/Manager – The project involved preparing the five-year update to the 2010 Urban Water Management Plan for Bakman Water Company. As a groundwater-only purveyor, the update included a discussion of the 2012-2015 drought response and conservation methods implemented, and how future droughts might be addressed. Additionally, the report included historical data, analysis of current water usage quantities, projection of future water usages and effects of conservative efforts. Also included were detailed calculations of conservation goals for Bakman Water Company to comply with water conservation legislation which imposes a 20 percent reduction by 2020. The report was adopted by Bakman and submitted to the Department of Water Resources in June 2016.

Integrated Regional Water Management Plan Update, Kings Basin Water Authority, Fresno County, California, Project Engineer – Ms. Bashian was the project engineer for development of the Kings Basin Water Authority’s Integrated Regional Water Management Plan (IRWMP) Update. The Authority’s existing IRWMP was updated to meet the new Department of Water Resources IRWMP guidelines and reflect changing conditions in the basin with regards to water supply and use. The IRWMP includes goals and measurable objectives for the region and addresses all of the required criteria from the Department of Water Resources’ guidelines. Ms. Bashian lead the overall document preparation effort, assisted with meeting coordination and facilitation, and coordinated stakeholder comments. The Update was completed in Fall 2018.

On-Call Water Resources Grant Researching and Writing Services, City of Modesto – Project Manager - Provost & Pritchard received a contract to provide on-call grant research and writing services to the City of Modesto for water resources projects. The research involved collecting project specific information regarding the City’s current and future projects. The project information is reviewed in regards to potential grant funding sources or programs. A grant funding/project eligibility matrix was developed and is maintained on a monthly basis. The project team prepares quarterly memos for the City, updating staff on changes to the funding matrix.

Matheny Tract Wastewater System Feasibility Report and Wastewater Collection System Design, County of Tulare, California, Project Manager – Ms. Bashian completed a Project Feasibility Report for the County of Tulare to research feasible alternatives to replace on-site septic systems for the community of Matheny Tract. The Matheny Tract is located adjacent to the southwest area of City of Tulare and has a population of 1,212. There are 230 primarily rural residential lots with average size being 0.5 acres; however, many lots have multiple dwellings or mobiles homes on the property. The residents currently use septic systems located on each lot to dispose of their effluent discharge. These systems are failing due to age, lack of maintenance, and insufficient percolation capacity of the underlying soils. Following completion of the Feasibility Study, she led the design of the recommended improvements noted in the study. The design project includes a wastewater collection system with approximately 21,500 lineal feet of 8” and 10” sewer gravity main, 3,050 lineal feet of 12” sewer force main, 325 sewer services and a lift station.
#11..
- 223 -
#11..
- 224 -
ORANGE COUNTY • BAY AREA • SACRAMENTO • CENTRAL COAST • LOS ANGELES • INLAND EMPIRE 2040 Bancroft Way, Suite 400
Berkeley, California 94704
t 510.848.3815
www.placeworks.com
#11..
- 225 -
The PlaceWorks Team
Southwest Modesto Plan
COST PROPOSAL - Revised 11-09-2022
Brubaker Chang Knox Ashlock Sinsheimer So Deokule Pozos Reddy Tech
Editor EcoNW
PIC PM
Planning
Advisor
Design
Advisor
Housing
Advisor
Project
Designer Designer Planner Graphics
Hourly Rate: $230 $175 $250 $220 $185 $145 $125 $125 $125 $130 Task 1 Kick-off Meeting and Project Management
1 Kick-off Meeting 6 8 $56 $2,836 1,570 $157 $1,727 $4,563 2 Project Management 12 24 2 $149 $7,609 0 $0 $0 $7,609 Task 1. Subtotal 18 32 2 0 0 0 0 0 0 0 $205 $10,445 $1,570 $157 $1,727 $12,172 Task 2. Visioning and Public Outreach
1 Outreach Strategy 4 10 2 $63 $3,233 0 $0 $0 $3,233
2 Stakeholder Meetings - up to four 8 32 $149 $7,589 0 $0 $0 $7,589 3 Public Workshops - three total 28 76 48 52 28 12 $764 $38,964 0 $0 $0 $38,964 Task 2. Subtotal 40 118 2 0 0 48 52 28 12 0 $976 $49,786 $0 $0 $0 $49,786 Task 3. Review of Economic Opportunities
1 Admin Draft Review of Economic Opportunities 2 4 $23 $1,183 23,240 $2,324 $25,564 $26,747 2 Draft Review of Economic Opportunities 1 2 $12 $592 1,640 $164 $1,804 $2,396 Task 3. Subtotal 3 6 0 0 0 0 0 0 0 0 $35 $1,775 $24,880 $2,488 $27,368 $29,143 Task 4. Residential Development Concept
1 Review of Plan Area Characteristics 6 12 12 12 $134 $6,854 0 $0 $0 $6,854 4 Opportunity Site Development Concepts 24 36 2 20 90 26 $660 $33,680 3,950 $395 $4,345 $38,025 5 Identification of Barriers and Incentives 4 12 16 $120 $6,100 4,680 $468 $5,148 $11,248 6 Review of Existing Standards and Processes 4 16 8 $94 $4,814 0 $0 $0 $4,814 7 Barriers and Opportunities Memorandum 12 28 4 $163 $8,323 0 $0 $0 $8,323 Task 4. Subtotal 50 104 2 20 16 102 50 0 0 0 $1,171 $59,771 $8,630 $863 $9,493 $69,264 Task 5. Street Project Design
1 Focused Street Improvements 12 20 20 $183 $9,343 0 $0 $0 $9,343 Task 5. Subtotal 12 20 0 0 0 20 0 0 0 0 $183 $9,343 $0 $0 $0 $9,343 Task 6. Utility and Infrastructure Needs
1 Summary of Utility/Infrastructure Issues 6 8 16 $96 $4,876 0 $0 $0 $4,876 Task 6. Subtotal 6 8 0 0 0 0 16 0 0 0 $96 $4,876 $0 $0 $0 $4,876 Task 7. SW Modesto Plan
1 Administrative Draft SWMP 12 32 2 24 32 16 $367 $18,707 0 $0 $0 $18,707 2 Public Review Draft SWMP 4 8 8 2 $75 $3,805 0 $0 $0 $3,805 Task 7. Subtotal 16 40 2 0 0 32 0 32 18 0 $442 $22,512 $0 $0 $0 $22,512 Task 8. Public Meetings and Adoption
1 Public Hearings 8 6 $58 $2,948 0 $0 $0 $2,948
2 Final SWMP 2 4 4 4 $43 $2,203 0 $0 $0 $2,203
Task 8. Subtotal 10 6 0 0 0 0 4 0 4 0 $101 $5,151 $0 $0 $0 $5,151 Labor Hours Total 155 334 8 20 16 202 122 60 34 0
Labor Dollars Total $35,650 $58,450 $2,000 $4,400 $2,960 $29,290 $15,250 $7,500 $4,250 $0 $3,209 $163,659 $35,080 $38,588 $202,247 PlaceWorks Percent of Total Labor 16% 35% 1% 2% 2% 21% 13% 6% 4% 0%

EXPENSES
PlaceWorks Reimbursable Expenses $3,000
Subconsultants' Reimbursable Expenses $0
EXPENSES TOTAL $3,000

CONTINGENCY
Project Contingency $10,750
GRAND TOTAL $215,997

PLACEWORKS
Subconsultant
Total
Total Task
Budget
PlaceWorks
Total

SUBCONSULT
Service Area
PlaceWorks 2%
Office Expenses
10%
Subconsultant
Markup

PLACEWORKS
#11..

SOUTHWEST MODESTO PLAN
General Boundary for the
Southwest Modesto Plan
CA-132 - Maze Boulevard

PARADISE ROAD
0 500 1,000 2,000 Feet O
Carpenter Road
Tuolumne River
CA- 99
#11..
- 227 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

January 10, 2023
Date: December 9, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jaylen French, Community and Economic Development Director SUBJECT: First Amendment to Agreement with Housing Tools LLC.

CONTACT: Jessica Hill, Community Development Manager
[email protected], 209-577-5321
DESCRIPTION:

Consider approving a First Amendment to the Agreement with Housing Tools LLC. (Housing Tools) for Consultant Services related to Grant Assistance, Labor Compliance and Regulatory Contract Monitoring for a revised Agreement total amount not to exceed $195,000. (Funding:

Community Development Block Grant Funds and Permanent Local Housing Allocation Grant Funds)
STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

In July 2020, the State of California launched a $750 million program called “Project Homekey”1, with the aim of helping local communities rapidly acquire hotels, motels, commercial buildings, and other creative properties to rapidly house people experiencing homelessness during the COVID-19 pandemic. By December 29, 2020, the program had resulted in the acquisition of 94 projects statewide, representing 6,029 units of permanent housing for individuals experiencing homelessness.

Given the success of “Homekey 1.0”, in January of 2021, Governor Newsom’s Fiscal Year 2021-22 budget included another $1.4 billion-dollar allocation for “Project Homekey 2.0” (Homekey 2.0). The Notice of Funding Availability (NOFA) was released September 9, 2021, applications became available late September, and applications are being accepted on a rolling basis until funds are exhausted.
1 Project Homekey - https://homekey.hcd.ca.gov/
#12..
- 228 -
City Council, January 10, 2023
First Amendment to Contract with Housing Tools LLC.